BILL NUMBER: AB 2457 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE MAY 16, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
INTRODUCED BY Assembly Member Bloom
FEBRUARY 19, 2016
An act to amend Section 27521 of the Government Code, relating to
autopsy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2457, Bloom. Autopsy: electronic image systems.
Existing law makes it the duty of a coroner to inquire into and
determine the circumstances, manner, and cause of deaths under
prescribed conditions, including deaths under such circumstances as
to afford a reasonable ground to suspect that the death was caused by
the criminal act of another. Existing law provides for the execution
of a certificate of religious belief stating that postmortem
anatomical dissection or specified procedures would violate the
religious convictions of the person, and, except as specified,
prohibits a coroner from performing the procedure. Existing law
requires a postmortem examination or autopsy to include certain
procedures, including, among others, taking available fingerprints
and palm prints and a dental examination including dental charts and
dental X-rays, as specified. Existing law authorizes the postmortem
examination or autopsy of the unidentified body or remains to include
full body X-rays.
This bill, except as specified, would authorize a coroner, medical
examiner, or other agency required to perform an autopsy in a death
under those prescribed conditions to use an electronic image system,
including, but not limited to, an X-ray computed tomography scanning
system, to fulfill specified postmortem examination or autopsy
requirements. The bill would prohibit a coroner, medical examiner, or
other agency performing an autopsy in a death under those prescribed
conditions from using an electronic image system to conduct the
autopsy in any investigation where the circumstances surrounding the
death afford a reasonable basis to suspect that the death was caused
by or related to the criminal act of another and it is necessary to
collect evidence for presentation in a court of law. The bill would
require a dissection autopsy to be performed to determine the cause
and manner of death if the results of an autopsy performed using
electronic imaging provides the basis to suspect that the death was
caused by or related to the criminal act of another and it is
necessary to collect evidence for presentation in a court of law. The
bill would allow an autopsy to be conducted using an X-ray computed
tomography scanning system without regard to the existence of a
properly-executed certificate of religious belief.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27521 of the Government Code is amended to
read:
27521. (a) A postmortem examination or autopsy conducted at the
discretion of a coroner, medical examiner, or other agency upon an
unidentified body or human remains is subject to this section.
(b) A postmortem examination or autopsy shall include, but shall
not be limited to, the following procedures:
(1) Taking of all available fingerprints and palm prints.
(2) A dental examination consisting of dental charts and dental
X-rays of the deceased person's teeth, which may be conducted on the
body or human remains by a qualified dentist as determined by the
coroner.
(3) The collection of tissue, including a hair sample, or body
fluid samples for future DNA testing, if necessary.
(4) Frontal and lateral facial photographs with the scale
indicated.
(5) Notation and photographs, with a scale, of significant scars,
marks, tattoos, clothing items, or other personal effects found with
or near the body.
(6) Notations of observations pertinent to the estimation of the
time of death.
(7) Precise documentation of the location of the remains.
(c) The postmortem examination or autopsy of the unidentified body
or remains may include full body X-rays.
(d) (1) At the sole and exclusive discretion of a coroner, medical
examiner, or other agency tasked with performing an autopsy pursuant
to Section 27491, an electronic image system, including, but not
limited to, an X-ray computed tomography scanning system, may be used
to fulfill the requirements of subdivision (b) or of a postmortem
examination or autopsy required by other law, including but not
limited to, Section 27520.
(2) Nothing in this subdivision imposes a duty upon any coroner,
medical examiner, or other agency tasked with performing autopsies
pursuant to Section 27491 to use an electronic image system to
perform autopsies or to acquire the capability to do so.
(3) A coroner, medical examiner, or other agency tasked with
performing an autopsy pursuant to Section 27491 shall not use an
electronic imaging system to conduct an autopsy in any investigation
where the circumstances surrounding the death afford a reasonable
basis to suspect that the death was caused by or related to the
criminal act of another and it is necessary to collect evidence for
presentation in a court of law. If the results of an autopsy
performed using electronic imaging provides the basis to suspect that
the death was caused by or related to the criminal act of another,
and it is necessary to collect evidence for presentation in a court
of law, then a dissection autopsy shall be performed in order to
determine the cause and manner of death.
(4) An autopsy may be conducted using an X-ray computed tomography
scanning system notwithstanding the existence of a certificate of
religious belief properly executed in accordance with Section
27491.43.
(e) The coroner, medical examiner, or other agency performing a
postmortem examination or autopsy shall prepare a final report of
investigation in a format established by the Department of Justice.
The final report shall list or describe the information collected
pursuant to the postmortem examination or autopsy conducted under
subdivision (b).
(f) The body of an unidentified deceased person shall not be
cremated or buried until the jaws (maxilla and mandible with teeth),
or other bone sample if the jaws are not available, and other tissue
samples are retained for future possible use. Unless the coroner,
medical examiner, or other agency performing a postmortem examination
or autopsy has determined that the body of the unidentified deceased
person has suffered significant deterioration or decomposition, the
jaws shall not be removed until immediately before the body is
cremated or buried. The coroner, medical examiner, or other agency
responsible for a postmortem examination or autopsy shall retain the
jaws and other tissue samples for one year after a positive
identification is made, and no civil or criminal challenges are
pending, or indefinitely.
(g) If the coroner, medical examiner, or other agency performing a
postmortem examination or autopsy with the aid of the dental
examination and any other identifying findings is unable to establish
the identity of the body or human remains, the coroner, medical
examiner, or other agency shall submit dental charts and dental
X-rays of the unidentified deceased person to the Department of
Justice on forms supplied by the Department of Justice within 45 days
of the date the body or human remains were discovered.
(h) If the coroner, medical examiner, or other agency performing a
postmortem examination or autopsy with the aid of the dental
examination and other identifying findings is unable to establish the
identity of the body or human remains, the coroner, medical
examiner, or other agency shall submit the final report of
investigation to the Department of Justice within 180 days of the
date the body or human remains were discovered. The final report of
investigation shall list or describe the information collected
pursuant to the postmortem examination or autopsy conducted under
subdivision (b), and any anthropology report, fingerprints,
photographs, and autopsy report.