California Legislature—2013–14 Regular Session

Assembly Bill No. 2029

Introduced by Assembly Member Cooley

February 20, 2014

An act to amend Section 27491.41 of the Government Code, relating to inquests.

LEGISLATIVE COUNSEL’S DIGEST

AB 2029, as introduced, Cooley. Inquests: sudden infant death syndrome.

Existing law states that the Legislature finds and declares that sudden infant death syndrome (SIDS), as defined, is the leading cause of death for children under age one. The coroner is required to, among other things, perform an autopsy, within 24 hours or as soon thereafter as feasible, in any case where an infant has died suddenly and unexpectedly.

This bill would make technical, nonsubstantive changes to those provisions.

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 27491.41 of the Government Code is
amended to read:

27491.41.  

(a) For purposes of this section, “sudden infant
death syndrome” means the sudden death of any infant that is
unexpected by the history of the infant and where a thorough
postmortem examination fails to demonstrate an adequate cause
of death.

(b) The Legislature finds and declares that sudden infant death
syndrome (SIDS) is the leading cause of death for children under
age one, striking one out of every 500 children. The Legislature
finds and declares that sudden infant death syndrome is a serious
problem within the State of California, and that public interest is
served by research and study of sudden infant death syndrome,
and its potential causes and indications.

(c) (1) To facilitate these purposes, the coroner shall, within
24 hours begin delete , end delete or as soon thereafter as feasible, perform an autopsy in
any case where an infant has died suddenly and unexpectedly.

(2) However, if the attending physician desires to certify that
the cause of death is sudden infant death syndrome, an autopsy
may be performed at the discretion of the coroner. If the coroner
performs an autopsy pursuant to this section, he or she shall also
certify the cause of death.

(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of begin insert Public end insert Health
begin delete Services end delete . The protocol is exempt from the procedural requirements
pertaining to the adoption of administrative rules and regulations
pursuant to Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The
protocol shall be developed and approved by July 1, 1990.

(e) The protocol shall be followed by all coroners throughout
the state when conducting the autopsies required by this section.
The coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner’s findings
are consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol. The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements. The protocol may also
require that specific tissue samples begin delete must end delete begin insert shall end insert be provided to a
central tissue repository designated by the State Department of
begin insert Public end insert Health begin delete Services end delete .

(f) The State Department of begin insert Public end insert Health begin delete Services end delete shall
establish procedures and protocols for access by researchers to
any tissues, or other materials or data authorized by this section.
Research may be conducted by begin delete any end delete begin insert an end insert individual with a valid
scientific interest and prior approval from the State Committee for
the Protection of Human Subjects. The tissue samples, the
materials, and all data shall be subject to the confidentiality
requirements of Section 103850 of the Health and Safety Code.

(g) The coroner may take tissue samples for research purposes
from infants who have died suddenly and unexpectedly without
consent of the responsible adult if the tissue removal is not likely
to result in any visible disfigurement.

(h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.

(i)  begin delete No end delete begin insert The end insert consent of begin delete any end delete begin insert a end insert person is begin insert not end insert required prior to
undertaking the autopsy required by this section.