Amended in Assembly April 30, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2029

Introduced by Assembly Member Cooley

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(Coauthor: Assembly Member Dickinson)

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February 20, 2014

An act to amend Sections 27491 and 27491.4 of, and to add Section 27491.42 to, the Government Code, begin delete and to amend Section 13519.3 of the Penal Code, end delete relating to inquests.

LEGISLATIVE COUNSEL’S DIGEST

AB 2029, as amended, Cooley. Inquests: sudden begin delete unexpected end delete begin insert unexplained end insert death in childhood.

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(1) Existing

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begin insert Existing end insert law states begin delete that end delete begin insert findings and declarations of end insert the Legislature begin delete finds and declares end delete that sudden infant death syndrome (SIDS) begin delete , as defined, end delete is the leading cause of death for children under age one. Under existing law, begin delete the end delete begin insert a end insert coroner has a duty to inquire into and determine the circumstances, manner, and cause of, among other things, deaths where the suspected cause of death is sudden infant death syndrome. The coroner is required to perform an autopsy, within 24 hours or as soon thereafter as feasible, in any case where an infant has died suddenly and unexpectedly. begin delete The coroner is required to conduct the autopsy pursuant to protocols developed by the State Department of Public Health and is authorized to take tissue samples for research purposes from infants who have died suddenly and unexpectedly. The department is required to establish procedures and protocols for access by researchers to any tissues, other materials, or data that is collected. Existing law authorizes a person to conduct research on those tissues, other materials, or data if he or she has a valid scientific purpose and receives prior approval from the State Committee for the Protection of Human Subjects. end delete Under existing law, it is a misdemeanor for a funeral director, physician, or other person who has charge of a deceased person’s body to not immediately notify the coroner if death occurred as a result of any of the causes or circumstances that the coroner has a duty to inquire into.

This bill would expand the duty of the coroner to also inquire into and determine the circumstances, manner, and cause of deaths where a child, who is one year of age or older but under 18 years of age, dies suddenly and unexpectedly or where the suspected cause of death is sudden begin delete unexpected end delete begin insert unexplained end insert death in childhood. This bill would define “sudden begin delete unexpected end delete begin insert unexplained end insert death in childhood” as the sudden death of a child one year of age or older but under 18 years of age that is begin delete unexpected end delete begin insert unexplained end insert by the history of the child and where a thorough postmortem examination fails to demonstrate an adequate cause of death. This bill would require the coroner to perform an autopsy within 24 hours or as soon thereafter as feasible in any case where a child has died suddenly and unexpectedly. begin delete This bill would also require the coroner to conduct the autopsy pursuant to protocols developed by the department and would authorize the coroner to take tissue samples for research purposes from children who have died suddenly and unexpectedly. This bill would require the department to establish procedures and protocols for access by researchers to any tissues, other materials, or data that is collected, and would authorize a person to conduct research on those tissues, other materials, or data if he or she has a valid scientific purpose and receives prior approval from the State Committee for the Protection of Human Subjects. end delete This bill would begin insert also end insert exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with a specified statute.

By expanding the duties of a local agency and expanding the scope of an existing crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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(2) Existing law requires the Commission on Peace Officer Standards and Training to establish a course on the nature of sudden infant death syndrome and the handling of cases involving the sudden deaths of infants. The commission is also required to prepare guidelines establishing standard procedures for the investigation of cases involving sudden deaths of infants.

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This bill would require the commission to include information on sudden unexpected death in childhood in the established course and to prepare guidelines establishing standard procedures for the investigation of cases involving sudden and unexpected deaths of children.

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

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

SECTION 1.  

Section 27491 of the Government Code is
amended to read:

27491.  

It begin delete shall be end delete begin insert is end insert the duty of the coroner to inquire into and
determine the circumstances, manner, and cause of all violent,
sudden, or unusual deaths; unattended deaths; deaths begin delete where end delete begin insert if end insert the
deceased has not been attended by either a physician or a registered
nurse, who is a member of a hospice care interdisciplinary team,
as defined by subdivision begin delete (e) end delete begin insert (g) end insert of Section 1746 of the Health and
Safety Code in the 20 days before death; deaths related to or
following known or suspected self-induced or criminal abortion;
known or suspected homicide, suicide, or accidental poisoning;
deaths known or suspected as resulting in whole or in part from
or related to accident or injury either old or recent; deaths due to
drowning, fire, hanging, gunshot, stabbing, cutting, exposure,
starvation, acute alcoholism, drug addiction, strangulation,
aspiration, or begin delete where end delete begin insert if end insert the suspected cause of death is sudden infant
death syndrome; deaths where a child, who is one year of age or
older but under 18 years of age, dies suddenly and unexpectedly,
or where the suspected cause of death is sudden begin delete unexpected end delete
begin insert unexplained end insert death in childhood; death in whole or in part
occasioned by criminal means; deaths associated with a known or
alleged rape or crime against nature; deaths in prison or while
under sentence; deaths known or suspected as due to contagious
disease and constituting a public hazard; deaths from occupational
diseases or occupational hazards; deaths of patients in state mental
hospitals serving the mentally disabled and operated by the State
Department of State Hospitals; deaths of patients in state hospitals
serving the developmentally disabled and operated by the State
Department of Developmental Services; deaths under such
circumstances as to afford a reasonable ground to suspect that the
death was caused by the criminal act of another; and any deaths
reported by physicians or other persons having knowledge of death
for inquiry by coroner. Inquiry pursuant to this section does not
include those investigative functions usually performed by other
law enforcement agencies.

In any case in which the coroner conducts an inquiry pursuant
to this section, the coroner or a deputy shall personally sign the
certificate of death. If the death occurred in a state hospital, the
coroner shall forward a copy of his or her report to the state agency
responsible for the state hospital.

The coroner shall have discretion to determine the extent of
inquiry to be made into any death occurring under natural
circumstances and falling within the provisions of this section, and
if inquiry determines that the physician of record has sufficient
knowledge to reasonably state the cause of a death occurring under
natural circumstances, the coroner may authorize that physician
to sign the certificate of death.

For the purpose of inquiry, the coroner shall have the right to
exhume the body of a deceased person when necessary to discharge
the responsibilities set forth in this section.

Any funeral director, physician, or other person who has charge
of a deceased person’s body, when death occurred as a result of
any of the causes or circumstances described in this section, shall
immediately notify the coroner. Any person who does not notify
the coroner as required by this section is guilty of a misdemeanor.

SEC. 2.  

Section 27491.4 of the Government Code is amended
to read:

27491.4.  

(a) For purposes of inquiry the coroner shall, within
24 hours or as soon as feasible thereafter, where the suspected
cause of death is sudden infant death syndrome or sudden
begin delete unexpected end delete begin insert unexplained end insert death in childhood, and, in all other cases,
the coroner may, in his or her discretion, take possession of the
body, which shall include the authority to exhume the body, order
it removed to a convenient place, and make or cause to be made
a postmortem examination or autopsy thereon, and make or cause
to be made an analysis of the stomach, stomach contents, blood,
organs, fluids, or tissues of the body. The detailed medical findings
resulting from an inspection of the body or autopsy by an
examining physician shall be either reduced to writing or
permanently preserved on recording discs or other similar recording
media, shall include all positive and negative findings pertinent to
establishing the cause of death in accordance with medicolegal
practice and this, along with the written opinions and conclusions
of the examining physician, shall be included in the coroner’s
record of the death. The coroner shall have the right to retain only
those tissues of the body removed at the time of the autopsy as
may, in his or her opinion, be necessary or advisable to the inquiry
into the case, or for the verification of his or her findings. No
person may be present during the performance of a coroner’s
autopsy without the express consent of the coroner.

(b) In any case in which the coroner knows, or has reason to
believe, that the deceased has made valid provision for the
disposition of his or her body or a part or parts thereof for medical
or scientific purposes in accordance with Chapter 3.5 (commencing
with Section 7150) of Part 1 of Division 7 of the Health and Safety
Code, the coroner shall neither perform nor authorize any other
person to perform an autopsy on the body unless the coroner has
contacted or attempted to contact the physician last in attendance
to the deceased. If the physician cannot be contacted, the coroner
shall then notify or attempt to notify one of the following of the
need for an autopsy to determine the cause of death: (1) the
surviving spouse; (2) a surviving child or parent; (3) a surviving
brother or sister; (4) any other kin or person who has acquired the
right to control the disposition of the remains. Following a period
of 24 hours after attempting to contact the physician last in
attendance and notifying or attempting to notify one of the
responsible parties listed above, the coroner may perform or
authorize the performance of an autopsy, as otherwise authorized
or required by law.

(c) Nothing in this section shall be deemed to prohibit the
discretion of the coroner to conduct autopsies upon any victim of
sudden, unexpected, or unexplained death or any death known or
suspected of resulting from an accident, suicide, or apparent
criminal means, or other death, as described in Section 27491.

SEC. 3.  

Section 27491.42 is added to the Government Code,
to read:

27491.42.  

(a) For purposes of this article, “sudden begin delete unexpected end delete
begin insert unexplained end insert death in childhood” means the sudden death of a child
one year of age or older but under 18 years of age that is
begin delete unexpected end delete begin insert unexplained end insert by the history of the child and where a
thorough postmortem examination fails to demonstrate an adequate
cause of death.

(b) The Legislature finds and declares all of the following:

(1) Sudden begin delete unexpected end delete begin insert unexplained end insert death in childhood accounts
for 1.2 deaths out of every 100,000 children.

(2) Most deaths from sudden begin delete unexpected end delete begin insert unexplained end insert death in
childhood occur between one year of age and three years of age,
but researchers have studied cases of children as old as 15 years
of age.

(3) Sudden begin delete unexpected end delete begin insert unexplained end insert death in childhood cannot
be predicted or prevented because the cause of sudden begin delete unexpected end delete
begin insert unexplained end insert death in childhood is unknown.

(4) The public interest is served by research and study of sudden
begin delete unexpected end delete begin insert unexplained end insert death in childhood, and its potential causes
and indications.

(c) (1) To facilitate these purposes, the coroner shall, within
24 hours, or as soon thereafter as feasible, perform an autopsy in
any case where a child, who is one year of age or older but under
18 years of age, has died suddenly and unexpectedly.

(2) However, if the attending physician desires to certify that
the cause of death is sudden begin delete unexpected end delete begin insert unexplained end insert death in
childhood, 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 certify the cause of death.

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(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Public Health. The
protocol is exempt from 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 January 1, 2016.

(e) The protocol shall be followed by all coroners throughout
the state when conducting autopsies required by this section. The
coroner shall state on the certificate of death that sudden
unexpected death in childhood was the cause of death when the
coroner’s findings are consistent with the definition of sudden
unexpected death in childhood 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, criteria for
any specific tissue sampling, and any other requirements. The
protocol may also require that specific tissue samples be provided
to a central tissue repository designated by the State Department
of Public Health.

(f) The State Department of Public Health shall establish
procedures and protocols for access by researchers to any tissues
or other material, or data authorized by this section. Research may
be conducted by an 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)

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begin insert ( end insert begin insert d) end insert  The coroner may take tissue samples for research purposes
from children 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. The coroner shall notify the
parent or responsible adult of the child about the importance of
taking tissue samples.

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(h)

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begin insert ( end insert begin insert e) end insert  A coroner shall not be liable for damages in a civil action
for any act or omission in compliance with this section.

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(i)

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begin insert ( end insert begin insert f) end insert  The consent of any person is not required prior to undertaking
the autopsy required by this section.

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SEC. 4.  

Section 13519.3 of the Penal Code is amended to read:

13519.3.  

(a) Effective July 1, 1990, the commission shall
establish, for those peace officers specified in subdivision (a) of
Section 13510 who are assigned to patrol or investigations, a course
on the nature of sudden infant death syndrome and sudden
unexpected death in childhood, and the handling of cases involving
the sudden deaths of infants and the sudden unexpected deaths of
children. The course shall include information on the community
resources available to assist families and child care providers who
have lost a child to sudden infant death syndrome and sudden
unexpected death in childhood. Officers who are employed after
January 1, 1990, shall complete a course in sudden infant death
syndrome and sudden unexpected death in childhood prior to the
issuance of the Peace Officer Standards and Training basic
certificate, and shall complete training on those topics on or before
July 1, 1992.

(b) The commission, in consultation with experts in the field of
sudden infant death syndrome and sudden unexpected death in
childhood, shall prepare guidelines establishing standard
procedures which may be followed by law enforcement agencies
in the investigation of cases involving sudden deaths of infants
and sudden unexpected deaths of children.

(c) The course relating to sudden infant death syndrome and
sudden unexpected death in childhood, and the handling of cases
of sudden infant deaths and sudden unexpected deaths of children
shall be developed by the commission in consultation with experts
in the field of sudden infant death syndrome and sudden unexpected
death in childhood. The course shall include instruction in the
standard procedures developed pursuant to subdivision (b). In
addition, the course shall include information on the nature of
sudden infant death syndrome and sudden unexpected death in
childhood, which shall be taught by experts in the field of sudden
infant death syndrome and sudden unexpected death in childhood.

(d) The commission shall review and modify the basic course
curriculum to include sudden infant death syndrome and sudden
unexpected death in childhood awareness as part of death
investigation training.

(e) When the instruction and training are provided by a local
agency, a fee shall be charged sufficient to defray the entire cost
of instruction and training.

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begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.