BILL ANALYSIS Ó
AB 2457
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2457 (Bloom)
As Amended May 16, 2016
Majority vote
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|ASSEMBLY: | 79-0 |(April 21, |SENATE: |37-0 |(June 30, 2016) |
| | |2016) | | | |
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Original Committee Reference: PUB. S.
SUMMARY: Allows coroners to use an electronic imaging system
during the conduct of an autopsy, unless there is a reasonable
suspicion to believe the death was caused by a criminal act or a
contagious disease. Specifically, this bill allows coroners,
medical examiners and other authorized personnel to conduct an
autopsy or post-mortem examination to use an electronic imaging
system during the conduct of an autopsy or post-mortem
examination to either aid in the performance of an autopsy
pursuant to an inquest, or to fulfill the performance of an
autopsy requested by the surviving spouse or next of kin where
there is no suspicion a criminal act or contagious disease was
the cause of death.
The Senate amendments make a technical clarification relating to
when the autopsy will be used to collect evidence for
presentation in a court of law.
AB 2457
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EXISTING LAW:
1)Requires coroners to determine the manner, circumstances and
cause of death in the following circumstances:
a) Violent, sudden or unusual deaths;
b) Unattended deaths;
c) When the deceased was not attended by a physician, or
registered nurse who is part of a hospice care
interdisciplinary team, in the 20 days before death;
d) When the death is related to known or suspected
self-induced or criminal abortion;
e) Known or suspected homicide, suicide or accidental
poisoning;
f) Deaths suspected as a result of an accident or injury
either old or recent;
g) Drowning, fire, hanging, gunshot, stabbing, cutting,
exposure, starvation, acute alcoholism, drug addiction,
strangulation, aspiration, or sudden infant death syndrome;
h) Deaths in whole or in part occasioned by criminal means;
i) Deaths associated with a known or alleged rape or crime
against nature;
j) Deaths in prison or while under sentence;
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aa) Deaths known or suspected as due to contagious disease
and constituting a public hazard;
bb) Deaths from occupational diseases or occupational
hazards;
cc) Deaths of patients in state mental hospitals operated by
the State Department of State Hospitals;
dd) Deaths of patients in state hospitals serving the
developmentally disabled operated by the State Department
of Development Services;
ee) Deaths where a reasonable ground exists to suspect the
death was caused by the criminal act of another; and
ff) Deaths reported for inquiry by physicians and other
persons having knowledge of the death.
2)Requires the coroner or medical examiner to sign the
certificate of death when they perform a mandatory inquiry.
3)Allows the coroner or medical examiner discretion when
determining the extent of the inquiry required to determine
the manner, circumstances and cause of death.
4)Requires the coroner or medical examiner to conduct an autopsy
at the request of the surviving spouse or other specified
persons when an autopsy has not already been performed.
5)Allows the coroner or medical examiner discretion to conduct
an autopsy at the request of the surviving spouse or other
specified persons when an autopsy has already been performed.
AB 2457
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6)Specifies that the cost of autopsies requested by the
surviving spouse or other specified persons are borne by the
requestor.
7)Requires that discretionary autopsies include the following:
a) All available finger and palm prints;
b) Dental examination;
c) Collection of tissue including hair sample and DNA
sample, if necessary;
d) Notation and photographs of significant marks, scars,
tattoos and personal effects;
e) Notation of observations pertinent to the time of death;
and
f) Documentation of the location of the remains.
g) Allows for the use of full body X-rays in conducting a
discretionary autopsy.
AS PASSED BY THE ASSEMBLY, this bill allowed coroners to use an
electronic imaging system during the conduct of an autopsy,
unless there is a reasonable suspicion to believe the death was
caused by a criminal act or a contagious disease. Specifically,
this bill allowed coroners, medical examiners and other
authorized personnel to conduct an autopsy or post-mortem
examination to use an electronic imaging system during the
conduct of an autopsy or post-mortem examination to either aid
in the performance of an autopsy pursuant to an inquest, or to
fulfill the performance of an autopsy requested by the surviving
AB 2457
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spouse or next of kin where there is no suspicion a criminal act
or contagious disease was the cause of death.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "AB 2457 is a common sense
approach that would specifically authorize county coroners or
county medical examiners to utilize digital imaging technology
when performing an autopsy in cases where an autopsy is needed
or mandated by law."
Analysis Prepared by:
Stella Choe/ PUB. S. / (916) 319-3744 FN:
0003644