BILL ANALYSIS �
AB 2029
Page 1
GOVERNOR'S VETO
AB 2029 (Cooley)
As Amended July 1, 2014
2/3 vote
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|ASSEMBLY: |64-0 |(May 29, 2014) |SENATE: |33-0 |(August 22, |
| | | | | |2014) |
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|ASSEMBLY: |77-0 |(August 27, 2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Defines "sudden unexplained death in childhood," and
requires a coroner to notify the parent or a responsible adult
of a child within the definition of the importance of taking
tissue samples.
The Senate amendments delete the requirement that a coroner
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.
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.
AB 2029
Page 2
2)Provides that a coroner shall, within 24 hours, or as 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.
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.
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 State Department of Public Health. The protocol shall be
developed and approved by July 1, 1990.
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
death syndrome.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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).
AB 2029
Page 3
2)Defined "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)Made an autopsy by a coroner discretionary if an attending
physician desires to certify
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.
4)Provided 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
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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "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."
GOVERNOR'S VETO MESSAGE :
"The bill would add a statutory definition of "sudden
unexplained death in childhood" and require coroners to notify
parents or responsible parties about the importance of taking
tissue samples when such an unexplained death occurs.
AB 2029
Page 4
"Rather than creating a state mandate at this juncture, we
should rely on coroners to use their best professional judgment
to provide appropriate and relevant information to next of kin
for this difficult circumstance. "
Analysis Prepared by : Greg Pagan / PUB. S. / (916) 319-3744
FN: 0005613