California Legislature—2015–16 Regular Session

Assembly BillNo. 2457


Introduced by Assembly Member Bloom

February 19, 2016


An act to amend Section 27521 of the Government Code, relating to autopsy.

LEGISLATIVE COUNSEL’S DIGEST

AB 2457, as introduced, Bloom. Autopsy: electronic image systems.

Existing law requires a coroner to perform or cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, on request of specified relatives. Existing law requires a postmortem examination or autopsy that is conducted at the discretion of a coroner, medical examiner, or other agency to include certain procedures, including, among others, taking available fingerprints and palm prints and a dental examination including dental charts and dental X-rays, as specified. Existing law authorizes the postmortem examination or autopsy of the unidentified body or remains to include full body X-rays.

This bill would authorize the use of an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, to fulfill the requirements of a discretionary postmortem examination or autopsy or the requirements of a postmortem examination or autopsy required by other law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 27521 of the Government Code is
2amended to read:

3

27521.  

(a) A postmortem examination or autopsy conducted
4at the discretion of a coroner, medical examiner, or other agency
5upon an unidentified body or human remains is subject to this
6section.

7(b) A postmortem examination or autopsy shall include, but
8shall not be limited to, the following procedures:

9(1) Taking of all available fingerprints and palm prints.

10(2) A dental examination consisting of dental charts and dental
11X-rays of the deceased person’s teeth, which may be conducted
12on the body or human remains by a qualified dentist as determined
13by the coroner.

14(3) The collection of tissue, including a hair sample, or body
15fluid samples for future DNA testing, if necessary.

16(4) Frontal and lateral facial photographs with the scale
17indicated.

18(5) Notation and photographs, with a scale, of significant scars,
19marks, tattoos, clothing items, or other personal effects found with
20or near the body.

21(6) Notations of observations pertinent to the estimation of the
22time of death.

23(7) Precise documentation of the location of the remains.

24(c) The postmortem examination or autopsy of the unidentified
25body or remains may include full body X-rays.

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26(d) An electronic image system, including, but not limited to,
27an X-ray computed tomography scanning system, may be used to
28fulfill the requirements of subdivision (b) or of a postmortem
29examination or autopsy required by other law, including, but not
30limited to, Section 27520.

end insert
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31(d)

end delete

32begin insert(e)end insert The coroner, medical examiner, or other agency performing
33a postmortem examination or autopsy shall prepare a final report
34of investigation in a format established by the Department of
35Justice. The final report shall list or describe the information
36collected pursuant to the postmortem examination or autopsy
37conducted under subdivision (b).

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38(e)

end delete

P3    1begin insert(f)end insert The body of an unidentified deceased personbegin delete mayend deletebegin insert shallend insert not
2be cremated or buried until the jaws (maxilla and mandible with
3teeth), or other bone sample if the jaws are not available, and other
4tissue samples are retained for future possible use. Unless the
5coroner, medical examiner, or other agency performing a
6postmortem examination or autopsy has determined that the body
7of the unidentified deceased person has suffered significant
8deterioration or decomposition, the jaws shall not be removed until
9immediately before the body is cremated or buried. The coroner,
10medical examiner, or other agency responsible for a postmortem
11examination or autopsy shall retain the jaws and other tissue
12samples for one year after a positive identification is made, and
13no civil or criminal challenges are pending, or indefinitely.

begin delete

14(f)

end delete

15begin insert(g)end insert If the coroner, medical examiner, or other agency performing
16a postmortem examination or autopsy with the aid of the dental
17examination and any other identifying findings is unable to
18establish the identity of the body or human remains, the coroner,
19medical examiner, or other agency shall submit dental charts and
20dental X-rays of the unidentified deceased person to the Department
21of Justice on forms supplied by the Department of Justice within
2245 days of the date the body or human remains were discovered.

begin delete

23(g)

end delete

24begin insert(h)end insert If the coroner, medical examiner, or other agency performing
25a postmortem examination or autopsy with the aid of the dental
26examination and other identifying findings is unable to establish
27the identity of the body or human remains, the coroner, medical
28examiner, or other agency shall submit the final report of
29investigation to the Department of Justice within 180 days of the
30date the body or human remains were discovered. The final report
31of investigation shall list or describe the information collected
32pursuant to the postmortem examination or autopsy conducted
33under subdivision (b), and any anthropology report, fingerprints,
34photographs, and autopsy report.



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