| Old | New | Differences | |
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| 1 | - | ||
| 1 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1108Introduced by Assembly Member HartFebruary 20, 2025An act to amend Section 27522 of, and to add Section 27491.56 to, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1108, as amended, Hart. County officers: coroners: officer-involved deaths.Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.Existing law defines a forensic autopsy as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.This bill would prohibit a coroner, would, in a county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from performing an autopsy in a case involving a death in that county that occurs to a person while in the custody of a county sheriffs officer or a death in which a county sheriffs officer is involved. of a person who died following use of force by sheriffs personnel. The bill, instead, would require the county sheriff-coroner to request another county or state agency to conduct an independent medical examination, request a department within the same county to perform an independent medical examination to determine the cause of death, examination or utilize the services of a 3rd party third-party independent medical examination team to determine the cause of death.This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.By imposing new duties on certain counties, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.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 27491.56 is added to the Government Code, to read:27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. SEC. 2. Section 27522 of the Government Code is amended to read:27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes.SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82% 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties.SEC. 4. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1108Introduced by Assembly Member HartFebruary 20, 2025An act to amend Section 27522 of, and to add Section 27491.56 to, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1108, as amended, Hart. County officers: coroners: officer-involved deaths.Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.Existing law defines a forensic autopsy as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.This bill would prohibit a coroner, would, in a county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from performing an autopsy in a case involving a death in that county that occurs to a person while in the custody of a county sheriffs officer or a death in which a county sheriffs officer is involved. of a person who died following use of force by sheriffs personnel. The bill, instead, would require the county sheriff-coroner to request another county or state agency to conduct an independent medical examination, request a department within the same county to perform an independent medical examination to determine the cause of death, examination or utilize the services of a 3rd party third-party independent medical examination team to determine the cause of death.This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.By imposing new duties on certain counties, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.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 | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 28, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 8 | 7 | Amended IN Assembly March 28, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1108 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member HartFebruary 20, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Hart | |
| 19 | 18 | February 20, 2025 | |
| 20 | 19 | ||
| 21 | 20 | An act to amend Section 27522 of, and to add Section 27491.56 to, the Government Code, relating to local government. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 1108, as amended, Hart. County officers: coroners: officer-involved deaths. | |
| 26 | + | AB 1108, as amended, Hart. County officers: coroners: officer-involved deaths. | |
| 28 | 27 | ||
| 29 | - | Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.Existing law defines a forensic autopsy as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.This bill would, in a | |
| 28 | + | Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.Existing law defines a forensic autopsy as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.This bill would prohibit a coroner, would, in a county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from performing an autopsy in a case involving a death in that county that occurs to a person while in the custody of a county sheriffs officer or a death in which a county sheriffs officer is involved. of a person who died following use of force by sheriffs personnel. The bill, instead, would require the county sheriff-coroner to request another county or state agency to conduct an independent medical examination, request a department within the same county to perform an independent medical examination to determine the cause of death, examination or utilize the services of a 3rd party third-party independent medical examination team to determine the cause of death.This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.By imposing new duties on certain counties, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.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. | |
| 30 | 29 | ||
| 31 | 30 | Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner. | |
| 32 | 31 | ||
| 33 | 32 | Existing law defines a forensic autopsy as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county. | |
| 34 | 33 | ||
| 35 | - | This bill would, in a | |
| 34 | + | This bill would prohibit a coroner, would, in a county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from performing an autopsy in a case involving a death in that county that occurs to a person while in the custody of a county sheriffs officer or a death in which a county sheriffs officer is involved. of a person who died following use of force by sheriffs personnel. The bill, instead, would require the county sheriff-coroner to request another county or state agency to conduct an independent medical examination, request a department within the same county to perform an independent medical examination to determine the cause of death, examination or utilize the services of a 3rd party third-party independent medical examination team to determine the cause of death. | |
| 36 | 35 | ||
| 37 | 36 | This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county. | |
| 38 | 37 | ||
| 39 | 38 | By imposing new duties on certain counties, the bill would impose a state-mandated local program. | |
| 40 | 39 | ||
| 41 | 40 | The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties. | |
| 42 | 41 | ||
| 43 | 42 | 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. | |
| 44 | 43 | ||
| 45 | 44 | 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. | |
| 46 | 45 | ||
| 47 | 46 | ## Digest Key | |
| 48 | 47 | ||
| 49 | 48 | ## Bill Text | |
| 50 | 49 | ||
| 51 | - | The people of the State of California do enact as follows:SECTION 1. Section 27491.56 is added to the Government Code, to read:27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 27491.56 is added to the Government Code, to read:27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. SEC. 2. Section 27522 of the Government Code is amended to read:27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes.SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82% 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties.SEC. 4. 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. | |
| 52 | 51 | ||
| 53 | 52 | The people of the State of California do enact as follows: | |
| 54 | 53 | ||
| 55 | 54 | ## The people of the State of California do enact as follows: | |
| 56 | 55 | ||
| 57 | - | SECTION 1. Section 27491.56 is added to the Government Code, to read:27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 56 | + | SECTION 1. Section 27491.56 is added to the Government Code, to read:27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. | |
| 58 | 57 | ||
| 59 | 58 | SECTION 1. Section 27491.56 is added to the Government Code, to read: | |
| 60 | 59 | ||
| 61 | 60 | ### SECTION 1. | |
| 62 | 61 | ||
| 63 | - | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 62 | + | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. | |
| 64 | 63 | ||
| 65 | - | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 64 | + | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. | |
| 66 | 65 | ||
| 67 | - | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 66 | + | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death.(b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office.(c)(b) Utilize the services of a third-party independent medical examination team to determine the cause of death. | |
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | 69 | ||
| 71 | - | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death of a person who died following use of force by sheriffs personnel, if | |
| 70 | + | 27491.56. In a case in which a coroner is required to inquire into a death that occurs to a person while in the custody of a county sheriffs officer, or a death in which a county sheriffs officer is involved, of a person who died following use of force by sheriffs personnel, if the offices of the sheriff and the coroner are combined in that county, the coroner the county where the death took place, the sheriff-coroner shall not perform the autopsy, but shall instead do one either of the following: | |
| 72 | 71 | ||
| 73 | - | (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death. | |
| 72 | + | (a) Request another county or state agency to conduct an independent medical examination to determine the cause of death. | |
| 74 | 73 | ||
| 75 | - | (b) Utilize the services of a third-party independent medical examination team to determine the cause of death. Request a third-party medical examination team that is separate and independent from the office of the sheriff-coroner and meets the physician qualification requirements described in Section 24010 to determine the circumstances, manner, and cause of death. The medical examination team shall operate independently from the office of the sheriff-coroner in conducting autopsies, including, but not limited to, exercising professional judgment to make determinations of the circumstances, manner, and cause of death. | |
| 74 | + | (b)Request a department within the same county to perform an independent medical examination to determine the cause of death. The department performing the independent medical examination shall be separate from, and independent of, the sheriff-coroners office. | |
| 75 | + | ||
| 76 | + | ||
| 77 | + | ||
| 78 | + | (c) | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | (b) Utilize the services of a third-party independent medical examination team to determine the cause of death. | |
| 76 | 83 | ||
| 77 | 84 | SEC. 2. Section 27522 of the Government Code is amended to read:27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. | |
| 78 | 85 | ||
| 79 | 86 | SEC. 2. Section 27522 of the Government Code is amended to read: | |
| 80 | 87 | ||
| 81 | 88 | ### SEC. 2. | |
| 82 | 89 | ||
| 83 | 90 | 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. | |
| 84 | 91 | ||
| 85 | 92 | 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. | |
| 86 | 93 | ||
| 87 | 94 | 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.(d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.(2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. | |
| 88 | 95 | ||
| 89 | 96 | ||
| 90 | 97 | ||
| 91 | 98 | 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. | |
| 92 | 99 | ||
| 93 | 100 | (b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. | |
| 94 | 101 | ||
| 95 | 102 | (c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. | |
| 96 | 103 | ||
| 97 | 104 | (d) (1) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. | |
| 98 | 105 | ||
| 99 | 106 | (2) Paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56. | |
| 100 | 107 | ||
| 101 | 108 | (e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. | |
| 102 | 109 | ||
| 103 | 110 | (f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. | |
| 104 | 111 | ||
| 105 | 112 | (2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. | |
| 106 | 113 | ||
| 107 | 114 | (3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. | |
| 108 | 115 | ||
| 109 | 116 | (g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. | |
| 110 | 117 | ||
| 111 | 118 | (h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. | |
| 112 | 119 | ||
| 113 | - | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 120 | + | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82% 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 114 | 121 | ||
| 115 | - | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 122 | + | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82% 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 116 | 123 | ||
| 117 | - | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 124 | + | SEC. 3. The Legislature finds and declares that out of Californias 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that 82% 82 percent of the counties in California have a potential for a conflict in interest when investigating deaths in which the sheriffs office was involved. The Legislature finds and declares that the need to preserve the integrity and independence of autopsies is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties. | |
| 118 | 125 | ||
| 119 | 126 | ### SEC. 3. | |
| 120 | 127 | ||
| 121 | 128 | SEC. 4. 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. | |
| 122 | 129 | ||
| 123 | 130 | SEC. 4. 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. | |
| 124 | 131 | ||
| 125 | 132 | SEC. 4. 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. | |
| 126 | 133 | ||
| 127 | 134 | ### SEC. 4. |