Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Member McCartyFebruary 18, 2022 An act to amend Section 102875 of the Health and Safety Code, and to add Section 10008 to the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 2761, as amended, McCarty. Deaths while in law enforcement custody: reporting.(1) Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (2) Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.ThisIf a death occurs while a person is in custody, this bill would require an the agency with jurisdiction over a the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility in which and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, this bill would impose 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, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 102875 of the Health and Safety Code is amended to read:102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.SEC. 2. Section 10008 is added to the Penal Code, to read:10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.SEC. 3. 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.
Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Member McCartyFebruary 18, 2022 An act to amend Section 102875 of the Health and Safety Code, and to add Section 10008 to the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 2761, as amended, McCarty. Deaths while in law enforcement custody: reporting.(1) Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (2) Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.ThisIf a death occurs while a person is in custody, this bill would require an the agency with jurisdiction over a the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility in which and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, this bill would impose 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, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 07, 2022 Amended IN Assembly March 24, 2022
Amended IN Assembly April 07, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2761
Introduced by Assembly Member McCartyFebruary 18, 2022
Introduced by Assembly Member McCarty
February 18, 2022
An act to amend Section 102875 of the Health and Safety Code, and to add Section 10008 to the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2761, as amended, McCarty. Deaths while in law enforcement custody: reporting.
(1) Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (2) Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.ThisIf a death occurs while a person is in custody, this bill would require an the agency with jurisdiction over a the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility in which and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, this bill would impose 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, 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 the statutory provisions noted above.
(1) Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(2) Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
This
If a death occurs while a person is in custody, this bill would require an the agency with jurisdiction over a the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility in which and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, this bill would impose 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, 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 the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 102875 of the Health and Safety Code is amended to read:102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.SEC. 2. Section 10008 is added to the Penal Code, to read:10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.SEC. 3. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 102875 of the Health and Safety Code is amended to read:102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
SECTION 1. Section 102875 of the Health and Safety Code is amended to read:
### SECTION 1.
102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
102875. The certificate of death shall be divided into two sections. sections:(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.(2) Date of death, including month, day, and year.(3) Place of death.(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.(5) Informant.(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:(1) Disease or conditions leading directly to death and antecedent causes.(2) Operations and major findings thereof.(3) Accident and injury information.(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. (5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
102875. The certificate of death shall be divided into two sections. sections:
(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1) (A) Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B) A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C) If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D) A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E) A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2) Date of death, including month, day, and year.
(3) Place of death.
(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5) Informant.
(6) Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8) Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1) Disease or conditions leading directly to death and antecedent causes.
(2) Operations and major findings thereof.
(3) Accident and injury information.
(4) If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(5) Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
SEC. 2. Section 10008 is added to the Penal Code, to read:10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
SEC. 2. Section 10008 is added to the Penal Code, to read:
### SEC. 2.
10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency. agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
10008. (a) An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1) The full name of the agency. agency with custodial responsibility at the time of death.
(2) The county in which the death occurred.
(3) The facility in which the deathoccurred occurred, and the location within that facility where the death occurred.
(4) The race, gender, and age of the decedent.
(5) The date on which the death occurred.
(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7) The manner and means of death.
(b) The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
SEC. 3. 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.
SEC. 3. 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.
SEC. 3. 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.
### SEC. 3.