BILL ANALYSIS Ó SB 1189 Page 1 SENATE THIRD READING SB 1189 (Pan and Jackson) As Amended August 3, 2016 Majority vote SENATE VOTE: 24-14 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |19-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | SB 1189 Page 2 | | |Weber, Wood, Chu | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires that a forensic autopsy, as defined, be conducted by a licensed physician and surgeon. Specifically, this bill: 1)Provides that a forensic autopsy shall only be conducted by a licensed physician and surgeon, and the results of a forensic autopsy only be determined by a licensed physician and surgeon. 2)Defines a "forensic autopsy" to mean an examination of a body of a decedent to generate medical evidence for which the cause and manner of death is determined. 3)Defines "postmortem examination" to mean the external examination of the body where no manner of death is determined. 4)States that the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner shall consult with the physician in determining the cause of death. 5)Provides that for health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by blood borne pathogens and that they should wear personal protective equipment, as specified. SB 1189 Page 3 6)States that only persons directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. 7)Provides that if an individual dies due to the involvement of law enforcement activity, law enforcement directly involved with the death of that individual shall not be involved with any portion of the post mortem examination, nor allowed into the autopsy suite during the performance of the autopsy. 8)States that at the discretion of the coroner and in consultation with the licensed physician and surgeon conducting the autopsy, individuals may be permitted in the autopsy suite for educational and research purposes. 9)Requires that any police reports, crime scene or other information, videos, or laboratory test that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity be made available to the forensic pathologist prior to the completion of the investigation of the death. 10)States that the above autopsy protocol shall not be construed to limit the practice of an autopsy for educational or research purposes. 11)Makes conforming changes to other provisions of law relating to the conduct of an autopsy. EXISTING LAW: SB 1189 Page 4 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; aa) Deaths known or suspected as due to contagious disease SB 1189 Page 5 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. SB 1189 Page 6 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 (deoxyribonucleic acid) 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. 8)Provides that a coroner shall within 24 hours, or a soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome, take possession of the body, and make or cause to be made a postmortem examination or autopsy thereon, and the detailed medical findings resulting from an examination of the body or autopsy by an examining physician must either be reduced to writing, or permanently preserved, as specified. 9)Defines "sudden infant death syndrome" to mean the sudden SB 1189 Page 7 death of an infant that is unexpected by the history of the infant and where a thorough postmortem fails to demonstrate an adequate cause of death. 10)Requires that an autopsy conducted where it is suspected that the cause of death is sudden infant death syndrome be conducted pursuant to a standardized protocol developed by the State Department of Public Health (SDPH). The protocol shall be developed and approved by July 1, 1990. 11)Requires that all coroners, throughout the state, follow the established protocol when conducting autopsies where the suspected cause of death is sudden infant death syndrome, and requires a coroner to state on the certificate of death that sudden infant death syndrome was the cause of death when the findings are consistent with the definition of sudden infant death syndrome. FISCAL EFFECT: According to the Assembly Appropriations Committee, "The Department of Consumer Affairs reports that this bill would have no fiscal impact. "Potential minor reimbursable mandated costs, but so minor that it is doubtful a mandate claim will be submitted." COMMENTS: According to author, "Autopsy reports are valuable documents that should be accurate and unbiased. Current law presents grey areas which could undermine public confidence in autopsy findings by allowing non-medically trained individuals, who are often elected or appointed, to conduct the autopsies. Current law also allows law enforcement involved with the death of the individual inside the autopsy suite during the procedure which could create the appearance of influence on the findings and create public distrust in our criminal justice system. Not SB 1189 Page 8 only do families deserve to know what happened to their loved ones, but the public and juries need to trust that they received accurate objective information to make the correct verdict on a criminal case. SB 1189 is important to clarify and codify the best practices taking place in an autopsy room to guarantee an objective and trustworthy autopsy system." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0003947