AB 2029, as amended, Cooley. Inquests: sudden unexplained death in childhood.
Existing law states findings and declarations of the Legislature that sudden infant death syndrome (SIDS) is the leading cause of death for children under age one. Under existing law, a 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. 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 unexplained death in childhood. This bill would define “sudden unexplained death in childhood” as the sudden death of a child one year of age or older but under 18 years of age that is unexplained 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 as soon as feasible in any case where a child has died suddenly and unexpectedly. This bill would also exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with a specified statute.begin insert The bill would provide an exemption to these provisions if the requirements conflict with a parent or guardian’s sincerely held religious beliefs unless there is an overriding public health concern or a law enforcement officer reasonably suspects that a crime has been committed.end insert
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27491 of the Government Code is
2amended to read:
begin insert(a)end insertbegin insert end insert It is the duty of the coroner to inquire into and
4determine the circumstances, manner, and cause of all violent,
5sudden, or unusual deaths; unattended deaths; deaths if the
6deceased has not been attended by either a physician or a registered
P3 1nurse, who is a member of a hospice care interdisciplinary team,
2as defined by subdivision (g) of Section 1746 of the Health and
3Safety Code in the 20 days before death; deaths related to or
4following known or suspected self-induced or criminal abortion;
5known or suspected homicide, suicide, or accidental poisoning;
6deaths
known or suspected as resulting in whole or in part from
7or related to accident or injury either old or recent; deaths due to
8drowning, fire, hanging, gunshot, stabbing, cutting, exposure,
9starvation, acute alcoholism, drug addiction, strangulation,
10aspiration, orbegin delete ifend deletebegin insert in whichend insert the suspected cause of death is sudden
11infant death syndrome; deathsbegin delete whereend deletebegin insert in whichend insert a child, who is one
12year of age or older but under 18 years of age, dies suddenly and
13unexpectedly, orbegin delete whereend deletebegin insert
in whichend insert the suspected cause of death is
14sudden unexplained death in childhood; death in whole or in part
15occasioned by criminal means; deaths associated with a known or
16alleged rape or crime against nature; deaths in prison or while
17under sentence; deaths known or suspected as due to contagious
18disease and constituting a public hazard; deaths from occupational
19diseases or occupational hazards; deaths of patients in state mental
20hospitals serving the mentally disabled and operated by the State
21Department of State Hospitals; deaths of patients in state hospitals
22serving the developmentally disabled and operated by the State
23Department of Developmental Services; deaths under such
24circumstances as to afford a reasonable ground to suspect that the
25death was caused by the criminal act of another; and any deaths
26reported by physicians or other persons having knowledge of
death
27for inquiry by coroner. Inquiry pursuant to this section does not
28include those investigative functions usually performed by other
29law enforcement agencies.
30 In
end delete
31begin insert(b)end insertbegin insert end insertbegin insertInend insert any case in which the coroner conducts an inquiry
32pursuant to this section, the coroner or a deputy shall personally
33 sign the certificate of death. If the death occurred in a state hospital,
34the coroner shall forward a copy of his or her report to the state
35
agency responsible for the state hospital.
36 The
end delete
37begin insert(c)end insertbegin insert end insertbegin insertTheend insert coroner shall have discretion to determine the extent of
38inquiry to be made into any death occurring under natural
39circumstances and falling within the provisions of this section, and
40if inquiry determines that the physician of record has sufficient
P4 1knowledge to reasonably state the cause of a death occurring under
2natural circumstances, the coroner may authorize that physician
3to
sign the certificate of death.
4 For
end delete
5begin insert(d)end insertbegin insert end insertbegin insertForend insert the purpose of inquiry, the coroner shall have the right
6to exhume the body of a deceased person when necessary to
7discharge the responsibilities set forth in this section.
8 Any
end delete
9begin insert(e)end insertbegin insert end insertbegin insertAnyend insert funeral director, physician, or other person who has
10charge of a deceased person’s body, when death occurred as a
11result of any of the causes or circumstances described in this
12section, shall immediately notify the coroner. Any person who
13does not notify the coroner as required by this section is guilty of
14a misdemeanor.
15(f) This section shall not apply if the coroner’s inquiry into
16deaths in which a child, who is one year of age or older but under
1718 years of age, dies suddenly and unexpectedly, or in which the
18suspected cause of death is sudden
unexplained death in childhood,
19conflicts with a parent or guardian’s sincerely held religious beliefs
20or practices, unless there is an overriding public health concern
21or a law enforcement officer reasonably suspects that a crime has
22been committed.
Section 27491.42 is added to the Government Code,
24to read:
(a) For purposes of this article, “sudden unexplained
26death in childhood” means the sudden death of a child one year
27of age or older but under 18 years of age that is unexplained by
28the history of the child and where a thorough postmortem
29examination fails to demonstrate an adequate cause of death.
30(b) (1) The coroner shall, as soon as feasible, perform an
31autopsy in any case where a child, who is one year of age or older
32but under 18 years of age, has died suddenly and unexpectedly.
33(2) However, if the attending physician desires to certify that
34the cause of death is sudden
unexplained death in childhood, an
35autopsy may be performed at the discretion of the coroner. If the
36coroner performs an autopsy pursuant to this section, he or she
37shall certify the cause of death.
38(c) The coroner may take tissue samples for research purposes
39from children who have died suddenly and unexpectedly without
40consent of the responsible adult if the tissue removal is not likely
P5 1to result in any visible disfigurement. The coroner shall notify the
2parent or responsible adult of the child about the importance of
3taking tissue samples.
4(d) A coroner shall not be liable for damages in a civil action
5for any act or omission in compliance with this section.
6(e) The consent of any person is not required prior to
7undertaking
the autopsy required by this section.
8(f) This section shall not apply if the requirements of this section
9conflict with a parent or guardian’s sincerely held religious beliefs
10or practices, unless there is an overriding public health concern
11or a law enforcement officer reasonably suspects that a crime has
12been committed.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution for certain
15costs that may be incurred by a local agency or school district
16because, in that regard, this act creates a new crime or infraction,
17eliminates a crime or infraction, or changes the penalty for a crime
18or infraction, within the meaning of Section 17556 of the
19Government Code, or changes the definition of a crime within the
20meaning of Section 6 of Article XIII B of the California
21Constitution.
22However, if the Commission on State Mandates determines that
23this act contains other costs
mandated by the state, reimbursement
24to local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
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