Amended in Senate May 16, 2016

Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, Bloom. Autopsy: electronic image systems.

Existing law makes it the duty of a coroner to inquire into and determine the circumstances, manner, and cause of deaths under prescribed conditions, including deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another. Existing law provides for the execution of a certificate of religious belief stating that postmortem anatomical dissection or specified procedures would violate the religious convictions of the person, and, except as specified, prohibits a coroner from performing the procedure. Existing law requires a postmortem examination or autopsy 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, except as specified, would authorize a coroner, medical examiner, or other agency required to perform an autopsy in a death under those prescribed conditions to use an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, to fulfill specified postmortem examination or autopsy requirements. The bill would prohibit a coroner, medical examiner, or other agency performing an autopsy in a death under those prescribed conditions from using an electronic imaging system to conduct the autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of begin delete another. end delete begin insert another and it is necessary to collect evidence for presentation in a court of law. end insert The bill would require a dissection autopsy to be performed to determine the cause and manner of death if the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of begin delete another. end delete begin insert another and it is necessary to collect evidence for presentation in a court of law. end insert The bill would allow an autopsy to be conducted using an X-ray computed tomography scanning system without regard to the existence of a properly-executed certificate of religious belief.

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

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

SECTION 1.  

Section 27521 of the Government Code is
amended to read:

27521.  

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

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

begin insert end insert
(1) Taking of all available fingerprints and palm prints.

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

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

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

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

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

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

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

(d)  begin insert (1) end insert At the sole and exclusive discretion of begin delete the end delete begin insert a end insert coroner,
medical examiner, or other agency tasked with performing an
autopsy pursuant to begin delete section end delete begin insert Section end insert 27491, an electronic image
system, including, but not limited to, an X-ray computed
tomography scanning system, may be used to fulfill the
requirements of subdivision (b) or of a postmortem examination
or autopsy required by other law, including but not limited to,
begin delete section end delete begin insert Section end insert 27520.

begin delete

(1)

end delete

begin insert (2) end insert  Nothing begin delete herein end delete begin insert in this subdivision end insert imposes a duty upon any
coroner, medical examiner, or other agency tasked with performing
autopsies pursuant to begin delete section end delete begin insert Section end insert 27491 to begin delete actually perform
autopsies using end delete begin insert use end insert an electronic image system begin insert to perform
autopsies end insert or to acquire the capability to do so.

begin delete

(2) Under no circumstances may a

end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert coroner, medical examiner, or other agency tasked with
performing an autopsy pursuant to begin delete section end delete begin insert Section end insert 27491 begin delete utilize end delete
begin insert shall not use end insert an electronic imaging system to conduct an autopsy
in any investigation where the circumstances surrounding the death
afford a reasonable basis to suspect that the death was caused by
or related to the criminal act of begin delete another. end delete begin insert another and it is necessary
to collect evidence for presentation in a court of law. end insert If the results
of an autopsy performed using electronic imaging provides the
basis to suspect that the death was caused by or related to the
criminal act of another, begin insert and it is necessary to collect evidence for
presentation in a court of law, end insert then a dissection autopsy shall be
performed in order to determine the cause and manner of death.

begin delete

(3)

end delete

begin insert (4) end insert  An autopsy may be conducted using begin insert an end insert X-ray computed
tomography scanning system notwithstanding the existence of a
begin delete properly executed end delete certificate of religious belief begin delete made pursuant to
section end delete begin insert properly executed in accordance with Section end insert 27491.43.

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

(f) The body of an unidentified deceased person shall not be
cremated or buried until the jaws (maxilla and mandible with teeth),
or other bone sample if the jaws are not available, and other tissue
samples are retained for future possible use. Unless the coroner,
medical examiner, or other agency performing a postmortem
examination or autopsy has determined that the body of the
unidentified deceased person has suffered significant deterioration
or decomposition, the jaws shall not be removed until immediately
before the body is cremated or buried. The coroner, medical
examiner, or other agency responsible for a postmortem
examination or autopsy shall retain the jaws and other tissue
samples for one year after a positive identification is made, and
no civil or criminal challenges are pending, or indefinitely.

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

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