BILL ANALYSIS �
AB 2029
Page 1
Date of Hearing: April 22, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2029 (Cooley) - As Amended: March 28, 2014
As Proposed to be Amended in Committee
SUMMARY : Requires a coroner to inquire into and determine the
circumstances, manner, and cause of death where a child, who is
one year of age or older but under 18 years of age, dies
suddenly or unexpectedly. Specifically, this bill :
1)Requires a coroner to inquire into and determine the
circumstances, manner, and cause of death where a child, who
is one year of age or older but under 18 years of age, dies
suddenly or unexpectedly, or where the suspected cause of
death is sudden unexplained death in childhood (SUDC).
2)Defines "sudden unexplained death in childhood" to mean the
sudden death of a child one year of age or older but under 18
years of age that is unexplained by the history and where a
thorough postmortem fails to demonstrate an adequate cause of
death.
3)Provides that a coroner shall within 24 hours, or a soon as
feasible thereafter, where the suspected cause of death is
SUDC, 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.
4)Makes an autopsy by a coroner discretionary if an attending
physician desires to certifiy
that the cause of death is SUDC. If a coroner performs an
autopsy pursuant to the above provisions, he or she shall
certify the cause of death.
5)Provides that a coroner may take tissue samples from children
who have died suddenly and unexpectedly without consent of the
responsible adult if the tissue removal is not likely to
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result in visible disfigurement, and a coroner shall not be
liable in a civil action for any act or omission in compliance
with the sudden unexpected death in childhood autopsy
requirement.
EXISTING LAW :
1)Requires a coroner to investigate the circumstances, manner,
and cause of specified types of deaths, including violent,
sudden, or unusual deaths; unattended deaths; and deaths where
the deceased has not been attended to by a physician within 20
days before the death occurred. Affords the coroner with the
discretion to determine the extent of the inquiry into a death
occurring under natural circumstances, and allows the coroner
to authorize a physician to sign the certificate of death if
the physician has sufficient knowledge to reasonably state the
cause of a death occurring under natural circumstances. (Gov.
Code, � 27491.)
2)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. (Gov. Code, � 27491.4, subd. (a).)
3)Defines "sudden infant death syndrome" to mean the sudden
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. (Gov. Code, � 27491.49, subd. (a).)
4)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 SDPH. The protocol shall be developed and approved by July
1, 1990. (Gov. Code, � 27491.41 (d.).)
5)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
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death syndrome. (Gov. Code, � 27491.41 (e).)
6)Requires a coroner to perform or arrange for an autopsy on a
decedent upon a written request of the surviving spouse, or in
certain circumstances, a child, parent, or other legal
next-of-kin; and requires the cost of the autopsy to be borne
by the person requesting the autopsy. (Gov. Code � 27520.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : "Though emergency personnel and law
enforcement are required to be provided training to handle
cases involving Sudden Infant Death Syndrome, they do not
receive training on the handling of cases where the suspected
cause of death is Sudden Unexplained Death in Childhood. As a
result, parents whose children die under these circumstances
are often left with little or no information on how to process
the death of their children or how to address further
investigation.
2)Argument in Support : Hanna C. Kinney M.D. of the Boston
Children's Hospital states, "This letter is written in the
strongest possible support for AB 2029. The passage of this
bill will greatly impact the families who have suffered the
sudden and unexplained loss of a child older than 12 months of
age (i.e. due to sudden and unexplained death in childhood or
SUDC). I am a pediatric neuropathologist at Boston Children's
Hospital and professor of Pathology at Harvard Medical School.
I raise my voice as a researcher that has dedicated my 25
plus years of my professional career to understand the causes
of sudden, unexpected, and unexplained deaths in infants and
children."
3)Argument in Opposition : The California State Coroners'
Association states, "The death of a child is always handled as
one of our highest priority cases. As a matter of practice,
these cases receive a very high level of attention, including
an autopsy within 24 hours or as soon as feasible, as this
bill seeks. Regardless of age, all 'undetermined' causes of
death are taken extremely seriously and investigated by the
attending coroner. For these reasons, we believe the mandate
set forth in AB 2029 is redundant in nature and would not
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serve to enhance attention brought to cases beyond the great
level and care and attention they currently receive.
"Further, adding 'sudden unexpected death in childhood' to
statute suggests it, like SIDS, is a syndrome and creates a
new label absent scientific vetting or validation. While well
intentioned, we see this as problematic. Currently, every
Coroner/Medical Examiner correctly classified these cases as
'undetermined,' doing so only after exhausting ever possible
resource available to reach a more final determination. We
are concerned about adding 'sudden unexpected death in
childhood' until and unless further vetting establishes a case
for the creation of a new syndrome."
REGISTERED SUPPORT / OPPOSITION :
Support
Sudden Unexplained Death in Childhood (SUDC) Program
Hanna C. Kinney M.D., Boston Children's Hospital
Two Private Citizens
Opposition
California State Coroners' Association
California State Sheriffs' Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744