Hawaii 2025 Regular Session

Hawaii House Bill HB61 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 61 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to coroners. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 61
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	61
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to coroners.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that coroners should be separate from law enforcement officers and free to make independent judgments when investigating deaths. Under current state law, the chief of police for a county serves as the ex officio coroner if the county does not have a medical examiner. The ethical concerns with this dual role were illustrated by the 2023 wildfires on the island of Maui, where questions existed about police behavior during wildfire evacuations. Allowing Maui's chief of police to oversee death investigations, including death counts and cause of death determinations, raised public concerns about police accountability and government transparency. The legislature believes that making coroners independent from law enforcement officers will promote transparency, avoid conflicts of interest, and encourage more confidence in coroners' rulings. Accordingly, the purpose of this Act is to: (1) Require the mayor of each county to appoint, and the respective county or city council to confirm, a county medical examiner; and (2) Provide that the medical examiner for each county shall serve as the county's coroner. SECTION 2. Section 841-1, Hawaii Revised Statutes, is amended to read as follows: "§841-1 [Who are coroners.] Medical examiners and county coroners. (a) The mayor of each county shall appoint, and the respective county council or city council shall confirm, a medical examiner to perform medical investigative services establishing the cause of any unattended death in the respective county. The medical examiner shall be exempt from chapter 76. (b) Each medical examiner shall be licensed as a physician under chapter 453 and certified as an anatomic or forensic pathologist by the American Board of Pathology. (c) The [chief of police or his authorized subordinate of the counties of Hawaii, Maui, and Kauai, and the] medical examiner of [the city and county of Honolulu,] each county shall, ex officio, be the coroner for [his] that respective county." SECTION 3. Section 841-14, Hawaii Revised Statutes, is amended to read as follows: "§841-14 Autopsies and further investigations. [[](a)[]] If, in the opinion of the coroner, [or of the] coroner's physician, [or of the] prosecuting attorney, or [of the] chief of police [(in the city and county of Honolulu)], an autopsy of the remains of any human body appearing to have come to death under any of the circumstances set forth in section 841-3 is necessary in the interest of the public safety or welfare, that person shall cause [to have] an autopsy to be performed[, such an autopsy]. If, in the opinion of the coroner's physician, a further or additional investigation as to the cause of death is necessary, the coroner's physician may conduct the same or have the same made, and the expenses thereof shall be paid by the county concerned, and for this purpose, the coroner's physician shall have the duties and powers conferred upon the coroner or deputy coroner by sections 841-4 to 841-8. [[](b)[]] Any law to the contrary notwithstanding, to determine cause of death, the coroner or coroner's physician [or medical examiner of any county (including the city and county of Honolulu)] may cause [to have performed] an autopsy to [determine cause of death] be performed upon the remains of any human body which is brought into or found within the State and which appears to have [come to death] died under any of the circumstances set forth in section 841-3, even though [such] the circumstances may have occurred without the State. The coroner or coroner's physician [or medical examiner of any county (including the city and county of Honolulu)] shall have the right to retain tissues, including fetal material, of the body removed at the time of autopsy to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes." SECTION 4. Section 841-17, Hawaii Revised Statutes, is amended to read as follows: "§841-17 Hospital records. The chief of police [of the city and county of Honolulu] or the chief's deputy, [and the] coroner or deputy coroner, and [the] coroner's physician may examine the records of any hospital relating to any patient of the hospital in connection with any investigation under this chapter. The hospital may require written proof signed by the coroner of the fact of the investigation and of the authority of the person desiring to examine the records." SECTION 5. Section 841-18, Hawaii Revised Statutes, is amended to read as follows: "§841-18 Coroner's physician; laboratory facilities. [The medical examiner or any of the medical examiner's assistants in the city and county of Honolulu, and any] Any experienced or qualified government physician designated by the coroner in [the counties of Hawaii, Maui, and Kauai,] each county shall be the coroner's physician for [such] that county or city and county. The facilities of the laboratories of the state department of health shall be made available to the coroner's physician. [The] As used in this section, the term [government physician as used in this chapter] "government physician" means a physician employed by the State or any of its political subdivisions." SECTION 6. Section 844D-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Nothing in this chapter shall be construed to limit the authority of the [medical examiner of the city and county of Honolulu or] county coroners or their agents, in the course of their scientific investigation, to use genetic and DNA technology to inquire into and determine the circumstances, manner, and cause of death, or to employ or use outside laboratories, hospitals, or research institutions that use genetic and DNA technology." SECTION 7. Sections 6E-43.6, 321-342, 321-471, 321-502, 324-1, 327-22, 327-23, 327-32, 560:3-1212, and 841-14.6, Hawaii Revised Statutes, are amended by substituting the word "coroner" wherever the phrase "medical examiner or coroner" or "coroner or medical examiner" appears, as the context requires. SECTION 8. Section 52D-4, Hawaii Revised Statutes, is repealed. ["[§52D-4] Ex officio coroner. Where there is no other county medical examiner, the chief of police or any duly authorized subordinate shall be ex officio county coroner. An ex officio county coroner shall have all the powers and perform all the duties of coroner, within that county, as provided by law."] SECTION 9. The appropriations contained in this Act constitute the State's share of costs as required under Article VIII, section 5 of the Hawaii State Constitution. SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position. The sums appropriated shall be expended by the county of Hawaii for the purposes of this Act. SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position. The sums appropriated shall be expended by the county of Kauai for the purposes of this Act. SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position. The sums appropriated shall be expended by the county of Maui for the purposes of this Act. SECTION 13. No later than days after the effective date of this Act, or no later than days after a vacancy occurs in the county's medical examiner position, the mayor of each county shall appoint, and the respective county or city council shall confirm, a county medical examiner pursuant to section 841-1(a) and (b), Hawaii Revised Statutes. SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 15. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that coroners should be separate from law enforcement officers and free to make independent judgments when investigating deaths. Under current state law, the chief of police for a county serves as the ex officio coroner if the county does not have a medical examiner. The ethical concerns with this dual role were illustrated by the 2023 wildfires on the island of Maui, where questions existed about police behavior during wildfire evacuations. Allowing Maui's chief of police to oversee death investigations, including death counts and cause of death determinations, raised public concerns about police accountability and government transparency.
50	50
51	51	The legislature believes that making coroners independent from law enforcement officers will promote transparency, avoid conflicts of interest, and encourage more confidence in coroners' rulings.
52	52
53	53	Accordingly, the purpose of this Act is to:
54	54
55	55	(1) Require the mayor of each county to appoint, and the respective county or city council to confirm, a county medical examiner; and
56	56
57	57	(2) Provide that the medical examiner for each county shall serve as the county's coroner.
58	58
59	59	SECTION 2. Section 841-1, Hawaii Revised Statutes, is amended to read as follows:
60	60
61	61	"§841-1 [Who are coroners.] Medical examiners and county coroners. (a) The mayor of each county shall appoint, and the respective county council or city council shall confirm, a medical examiner to perform medical investigative services establishing the cause of any unattended death in the respective county. The medical examiner shall be exempt from chapter 76.
62	62
63	63	(b) Each medical examiner shall be licensed as a physician under chapter 453 and certified as an anatomic or forensic pathologist by the American Board of Pathology.
64	64
65	65	(c) The [chief of police or his authorized subordinate of the counties of Hawaii, Maui, and Kauai, and the] medical examiner of [the city and county of Honolulu,] each county shall, ex officio, be the coroner for [his] that respective county."
66	66
67	67	SECTION 3. Section 841-14, Hawaii Revised Statutes, is amended to read as follows:
68	68
69	69	"§841-14 Autopsies and further investigations. [[](a)[]] If, in the opinion of the coroner, [or of the] coroner's physician, [or of the] prosecuting attorney, or [of the] chief of police [(in the city and county of Honolulu)], an autopsy of the remains of any human body appearing to have come to death under any of the circumstances set forth in section 841-3 is necessary in the interest of the public safety or welfare, that person shall cause [to have] an autopsy to be performed[, such an autopsy]. If, in the opinion of the coroner's physician, a further or additional investigation as to the cause of death is necessary, the coroner's physician may conduct the same or have the same made, and the expenses thereof shall be paid by the county concerned, and for this purpose, the coroner's physician shall have the duties and powers conferred upon the coroner or deputy coroner by sections 841-4 to 841-8.
70	70
71	71	[[](b)[]] Any law to the contrary notwithstanding, to determine cause of death, the coroner or coroner's physician [or medical examiner of any county (including the city and county of Honolulu)] may cause [to have performed] an autopsy to [determine cause of death] be performed upon the remains of any human body which is brought into or found within the State and which appears to have [come to death] died under any of the circumstances set forth in section 841-3, even though [such] the circumstances may have occurred without the State. The coroner or coroner's physician [or medical examiner of any county (including the city and county of Honolulu)] shall have the right to retain tissues, including fetal material, of the body removed at the time of autopsy to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes."
72	72
73	73	SECTION 4. Section 841-17, Hawaii Revised Statutes, is amended to read as follows:
74	74
75	75	"§841-17 Hospital records. The chief of police [of the city and county of Honolulu] or the chief's deputy, [and the] coroner or deputy coroner, and [the] coroner's physician may examine the records of any hospital relating to any patient of the hospital in connection with any investigation under this chapter. The hospital may require written proof signed by the coroner of the fact of the investigation and of the authority of the person desiring to examine the records."
76	76
77	77	SECTION 5. Section 841-18, Hawaii Revised Statutes, is amended to read as follows:
78	78
79	79	"§841-18 Coroner's physician; laboratory facilities. [The medical examiner or any of the medical examiner's assistants in the city and county of Honolulu, and any] Any experienced or qualified government physician designated by the coroner in [the counties of Hawaii, Maui, and Kauai,] each county shall be the coroner's physician for [such] that county or city and county. The facilities of the laboratories of the state department of health shall be made available to the coroner's physician. [The] As used in this section, the term [government physician as used in this chapter] "government physician" means a physician employed by the State or any of its political subdivisions."
80	80
81	81	SECTION 6. Section 844D-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
82	82
83	83	"(b) Nothing in this chapter shall be construed to limit the authority of the [medical examiner of the city and county of Honolulu or] county coroners or their agents, in the course of their scientific investigation, to use genetic and DNA technology to inquire into and determine the circumstances, manner, and cause of death, or to employ or use outside laboratories, hospitals, or research institutions that use genetic and DNA technology."
84	84
85	85	SECTION 7. Sections 6E-43.6, 321-342, 321-471, 321-502, 324-1, 327-22, 327-23, 327-32, 560:3-1212, and 841-14.6, Hawaii Revised Statutes, are amended by substituting the word "coroner" wherever the phrase "medical examiner or coroner" or "coroner or medical examiner" appears, as the context requires.
86	86
87	87	SECTION 8. Section 52D-4, Hawaii Revised Statutes, is repealed.
88	88
89	89	["[§52D-4] Ex officio coroner. Where there is no other county medical examiner, the chief of police or any duly authorized subordinate shall be ex officio county coroner. An ex officio county coroner shall have all the powers and perform all the duties of coroner, within that county, as provided by law."]
90	90
91	91	SECTION 9. The appropriations contained in this Act constitute the State's share of costs as required under Article VIII, section 5 of the Hawaii State Constitution.
92	92
93	93	SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position.
94	94
95	95	The sums appropriated shall be expended by the county of Hawaii for the purposes of this Act.
96	96
97	97	SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position.
98	98
99	99	The sums appropriated shall be expended by the county of Kauai for the purposes of this Act.
100	100
101	101	SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of a county medical examiner position.
102	102
103	103	The sums appropriated shall be expended by the county of Maui for the purposes of this Act.
104	104
105	105	SECTION 13. No later than days after the effective date of this Act, or no later than days after a vacancy occurs in the county's medical examiner position, the mayor of each county shall appoint, and the respective county or city council shall confirm, a county medical examiner pursuant to section 841-1(a) and (b), Hawaii Revised Statutes.
106	106
107	107	SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
108	108
109	109	SECTION 15. This Act shall take effect on July 1, 2025.
110	110
111	111
112	112
113	113	INTRODUCED BY: _____________________________
114	114
115	115	INTRODUCED BY:
116	116
117	117	_____________________________
118	118
119	119
120	120
121	121
122	122
123	123	Report Title: Medical Examiners; County Coroners; Appropriations Description: Requires the mayor of each county to appoint, and the county council or city council to confirm, a county medical examiner. Provides that the medical examiner for each county shall serve as the county's coroner. Makes conforming amendments. Appropriates moneys to the counties of Maui, Hawaii, and Kauai, for the establishment of county medical examiner positions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
124	124
125	125
126	126
127	127
128	128
129	129	Report Title:
130	130
131	131	Medical Examiners; County Coroners; Appropriations
132	132
133	133
134	134
135	135	Description:
136	136
137	137	Requires the mayor of each county to appoint, and the county council or city council to confirm, a county medical examiner. Provides that the medical examiner for each county shall serve as the county's coroner. Makes conforming amendments. Appropriates moneys to the counties of Maui, Hawaii, and Kauai, for the establishment of county medical examiner positions.
138	138
139	139
140	140
141	141
142	142
143	143
144	144
145	145	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.