Amended in Senate July 1, 2014

Amended in Senate June 17, 2014

Amended in Assembly May 8, 2014

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

(Coauthor: Assembly Member Dickinson)

February 20, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

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. begin 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. end delete

This bill would begin delete 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 end delete 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 begin delete where end delete begin insert for which end insert a thorough postmortem examination fails to demonstrate an adequate cause of death. This bill would require the coroner begin delete to perform an autopsy as soon as feasible in any case where a child has died suddenly and unexpectedly. end delete begin insert to notify the parent or responsible adult of a child within that definition about the importance of taking tissue samples. end insert This bill would also exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with begin delete a specified statute. 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 delete begin insert these provisions. end insert

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

begin delete

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.

end delete begin delete

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

end delete begin delete

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.

end delete begin insert

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.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

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

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

begin delete

SECTION 1.  

Section 27491 of the Government Code is
amended to read:

27491.  

(a) It is 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 if 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 (g) 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 in which the suspected cause of death is sudden infant
death syndrome; deaths in which a child, who is one year of age
or older but under 18 years of age, dies suddenly and unexpectedly,
or in which the suspected cause of death is sudden unexplained
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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) This section shall not apply if the coroner’s inquiry into
deaths in which a child, who is one year of age or older but under
18 years of age, dies suddenly and unexpectedly, or in which the
suspected cause of death is sudden unexplained death in childhood,
conflicts with a parent or guardian’s sincerely held religious beliefs
or practices, unless there is an overriding public health concern or
a law enforcement officer reasonably suspects that a crime has
been committed.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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

27491.42.  

(a) For purposes of this article, “sudden unexplained
death in childhood” means 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.

begin delete

(b) (1) The coroner shall, as soon 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 unexplained 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.

(c)

end delete

begin insert ( end insert begin insert b) end insert  The coroner begin delete 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 end delete shall notify the
parent or responsible adult of begin delete the child end delete begin insert a child described in
subdivision (a) end insert about the importance of taking tissue samples.

begin delete

(d)

end delete

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

begin delete

(e) The consent of any person is not required prior to
undertaking the autopsy required by this section.

(f) This section shall not apply if the requirements of this section
conflict with a parent or guardian’s sincerely held religious beliefs
or practices, unless there is an overriding public health concern or
a law enforcement officer reasonably suspects that a crime has
been committed.

end delete

begin delete

SEC. 3.  

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains 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.

end insert