Indiana 2023 Regular Session

Indiana House Bill HB1286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1286.1
	2	+	March 21, 2023
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1286
	5	+	_____
	6	+	DIGEST OF HB 1286 (Updated March 16, 2023 1:08 pm - DI 140)
	7	+	Citations Affected: IC 36-2.
	8	+	Synopsis: Toxicology screening for xylazine. Provides that, if the
	9	+	coroner reasonably suspects the cause of the person's death to be
	10	+	accidental or intentional overdose of an opioid or if the person was
	11	+	administered an overdose intervention drug prior to death and was
	12	+	unresponsive to the overdose intervention drug, the coroner shall test
	13	+	certain bodily fluids to determine whether the bodily fluid contained
	14	+	any amount, including a trace amount, of xylazine at the time of the
	15	+	person's death.
	16	+	Effective: July 1, 2023.
	17	+	Meltzer, Lauer, Vermilion,
	18	+	Garcia Wilburn
	19	+	(SENATE SPONSORS — JOHNSON T, LEISING, TAYLOR G)
	20	+	January 11, 2023, read first time and referred to Committee on Local Government.
	21	+	February 14, 2023, reported — Do Pass.
	22	+	February 16, 2023, read second time, ordered engrossed.
	23	+	February 17, 2023, engrossed.
	24	+	February 20, 2023, read third time, passed. Yeas 96, nays 0.
	25	+	SENATE ACTION
	26	+	February 28, 2023, read first time and referred to Committee on Local Government.
	27	+	March 20, 2023, reported favorably — Do Pass.
	28	+	EH 1286—LS 6502/DI 116 March 21, 2023
1	29		First Regular Session of the 123rd General Assembly (2023)
2	30		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	31		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	32		additions will appear in this style type, and deletions will appear in this style type.
5	33		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	34		provision adopted), the text of the new provision will appear in this style type. Also, the
7	35		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	36		a new provision to the Indiana Code or the Indiana Constitution.
9	37		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	38		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1286
12		-	AN ACT to amend the Indiana Code concerning local government.
	39	+	ENGROSSED
	40	+	HOUSE BILL No. 1286
	41	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	42	+	government.
13	43		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 36-2-14-6, AS AMENDED BY P.L.211-2019,
15		-	SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2023]: Sec. 6. (a) Whenever the coroner is notified that a
17		-	person in the county:
18		-	(1) has died from violence;
19		-	(2) has died by casualty;
20		-	(3) has died when apparently in good health;
21		-	(4) has died in an apparently suspicious, unusual, or unnatural
22		-	manner; or
23		-	(5) has been found dead;
24		-	the coroner shall, before the scene of the death is disturbed, notify a
25		-	law enforcement agency having jurisdiction in that area. The agency
26		-	shall assist the coroner in determining the cause, manner, and
27		-	mechanism of death. The coroner shall hold the human remains until
28		-	the investigation of how the person died and the medical investigation
29		-	of the cause of death are concluded.
30		-	(b) If the coroner reasonably suspects the cause of the person's death
31		-	to be accidental or intentional overdose of a controlled substance (as
32		-	defined by IC 35-48-1-9), the coroner shall do the following:
33		-	(1) Obtain any relevant information about the decedent
34		-	maintained by the INSPECT program established by
35		-	IC 25-1-13-4.
36		-	HEA 1286 2
37		-	(2) Extract one (1) or more of the following bodily fluids from the
38		-	decedent:
39		-	(A) Blood.
40		-	(B) Vitreous.
41		-	(C) Urine.
42		-	(3) Test a bodily fluid extracted under subdivision (2) to
43		-	determine whether the bodily fluid contained any amount,
44		-	including a trace amount, of a controlled substance at the time of
45		-	the decedent's death.
46		-	(4) If the coroner reasonably suspects the cause of the
47		-	person's death to be accidental or intentional overdose of an
48		-	opioid (as defined in IC 35-48-1-21) or if the person was
49		-	administered an overdose intervention drug (as defined in
50		-	IC 16-18-2-263.9) prior to death and was unresponsive to the
51		-	overdose intervention drug, the coroner shall test a bodily
52		-	fluid extracted under subdivision (2) to determine whether the
53		-	bodily fluid contained any amount, including a trace amount,
54		-	of xylazine at the time of the decedent's death.
55		-	(4) (5) Report the results of the test conducted under this
56		-	subsection to the state Indiana department of health after
57		-	completing the medical investigation of the cause of the
58		-	decedent's death.
59		-	(5) (6) Provide the state Indiana department of health notice of
60		-	the decedent's death, including any information related to the
61		-	controlled substances involved, if any.
62		-	(c) The coroner:
63		-	(1) shall file a certificate of death with the county health
64		-	department, or, if applicable, a multiple county health department,
65		-	of the county in which the individual died, within seventy-two
66		-	(72) hours after the completion of the death investigation;
67		-	(2) shall complete the certificate of death utilizing all verifiable
68		-	information establishing the time and date of death; and
69		-	(3) may file a pending investigation certificate of death before
70		-	completing the certificate of death, if necessary.
71		-	(d) If this section applies, the body and the scene of death may not
72		-	be disturbed until:
73		-	(1) the coroner has photographed them in the manner that most
74		-	fully discloses how the person died; and
75		-	(2) law enforcement and the coroner have finished their initial
76		-	assessment of the scene of death.
77		-	However, a coroner or law enforcement officer may order a body to be
78		-	moved before photographs are taken if the position or location of the
79		-	HEA 1286 3
80		-	body unduly interferes with activities carried on where the body is
81		-	found, but the body may not be moved from the immediate area and
82		-	must be moved without substantially destroying or altering the
83		-	evidence present.
84		-	(e) When acting under this section, if the coroner considers it
85		-	necessary to have an autopsy performed, is required to perform an
86		-	autopsy under subsection (g), or is requested by the prosecuting
87		-	attorney of the county to perform an autopsy, the coroner shall arrange
88		-	for the autopsy to be performed by a:
89		-	(1) physician who:
90		-	(A) is certified by the American Board of Pathology; or
91		-	(B) holds a subspecialty board certification in forensic
92		-	pathology from the American Osteopathic Board of Pathology
93		-	and the American Osteopathic Association; or
94		-	(2) pathology resident acting under the direct supervision of a
95		-	physician described in subdivision (1).
96		-	A physician employed under subdivision (1) to perform the autopsy
97		-	shall be paid a fee of at least fifty dollars ($50) from the county
98		-	treasury.
99		-	(f) If:
100		-	(1) at the request of:
101		-	(A) the decedent's spouse;
102		-	(B) a child of the decedent, if the decedent does not have a
103		-	spouse;
104		-	(C) a parent of the decedent, if the decedent does not have a
105		-	spouse or children;
106		-	(D) a brother or sister of the decedent, if the decedent does not
107		-	have a spouse, children, or parents; or
108		-	(E) a grandparent of the decedent, if the decedent does not
109		-	have a spouse, children, parents, brothers, or sisters;
110		-	(2) in any death, two (2) or more witnesses who corroborate the
111		-	circumstances surrounding death are present; and
112		-	(3) two (2) physicians who are licensed to practice medicine in
113		-	the state and who have made separate examinations of the
114		-	decedent certify the same cause of death in an affidavit within
115		-	twenty-four (24) hours after death;
116		-	an autopsy need not be performed. The affidavits shall be filed with the
117		-	circuit court clerk.
118		-	(g) A county coroner may not certify the cause of death in the case
119		-	of the sudden and unexpected death of a child who is less than three (3)
120		-	years old unless an autopsy is performed at county expense. However,
121		-	a coroner may certify the cause of death of a child described in this
122		-	HEA 1286 4
123		-	subsection without the performance of an autopsy if subsection (f)
124		-	applies to the death of the child.
125		-	(h) After consultation with the law enforcement agency
126		-	investigating the death of a decedent, the coroner shall do the
127		-	following:
128		-	(1) Inform a crematory authority if a person is barred under
129		-	IC 23-14-31-26(c) from serving as the authorizing agent with
130		-	respect to the cremation of the decedent's body because the
131		-	coroner made the determination under IC 23-14-31-26(c)(2) in
132		-	connection with the death of the decedent.
133		-	(2) Inform a cemetery owner if a person is barred under
134		-	IC 23-14-55-2(c) from authorizing the disposition of the body or
135		-	cremated remains of the decedent because the coroner made the
136		-	determination under IC 23-14-55-2(c)(2) in connection with the
137		-	death of the decedent.
138		-	(3) Inform a seller of prepaid services or merchandise if a person's
139		-	contract is unenforceable under IC 30-2-13-23(b) because the
140		-	coroner made the determination under IC 30-2-13-23(b)(4) in
141		-	connection with the death of the decedent.
142		-	HEA 1286 Speaker of the House of Representatives
143		-	President of the Senate
144		-	President Pro Tempore
145		-	Governor of the State of Indiana
146		-	Date: Time:
147		-	HEA 1286
	44	+	1 SECTION 1. IC 36-2-14-6, AS AMENDED BY P.L.211-2019,
	45	+	2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	46	+	3 JULY 1, 2023]: Sec. 6. (a) Whenever the coroner is notified that a
	47	+	4 person in the county:
	48	+	5 (1) has died from violence;
	49	+	6 (2) has died by casualty;
	50	+	7 (3) has died when apparently in good health;
	51	+	8 (4) has died in an apparently suspicious, unusual, or unnatural
	52	+	9 manner; or
	53	+	10 (5) has been found dead;
	54	+	11 the coroner shall, before the scene of the death is disturbed, notify a
	55	+	12 law enforcement agency having jurisdiction in that area. The agency
	56	+	13 shall assist the coroner in determining the cause, manner, and
	57	+	14 mechanism of death. The coroner shall hold the human remains until
	58	+	15 the investigation of how the person died and the medical investigation
	59	+	16 of the cause of death are concluded.
	60	+	17 (b) If the coroner reasonably suspects the cause of the person's death
	61	+	EH 1286—LS 6502/DI 116 2
	62	+	1 to be accidental or intentional overdose of a controlled substance (as
	63	+	2 defined by IC 35-48-1-9), the coroner shall do the following:
	64	+	3 (1) Obtain any relevant information about the decedent
	65	+	4 maintained by the INSPECT program established by
	66	+	5 IC 25-1-13-4.
	67	+	6 (2) Extract one (1) or more of the following bodily fluids from the
	68	+	7 decedent:
	69	+	8 (A) Blood.
	70	+	9 (B) Vitreous.
	71	+	10 (C) Urine.
	72	+	11 (3) Test a bodily fluid extracted under subdivision (2) to
	73	+	12 determine whether the bodily fluid contained any amount,
	74	+	13 including a trace amount, of a controlled substance at the time of
	75	+	14 the decedent's death.
	76	+	15 (4) If the coroner reasonably suspects the cause of the
	77	+	16 person's death to be accidental or intentional overdose of an
	78	+	17 opioid (as defined in IC 35-48-1-21) or if the person was
	79	+	18 administered an overdose intervention drug (as defined in
	80	+	19 IC 16-18-2-263.9) prior to death and was unresponsive to the
	81	+	20 overdose intervention drug, the coroner shall test a bodily
	82	+	21 fluid extracted under subdivision (2) to determine whether the
	83	+	22 bodily fluid contained any amount, including a trace amount,
	84	+	23 of xylazine at the time of the decedent's death.
	85	+	24 (4) (5) Report the results of the test conducted under this
	86	+	25 subsection to the state Indiana department of health after
	87	+	26 completing the medical investigation of the cause of the
	88	+	27 decedent's death.
	89	+	28 (5) (6) Provide the state Indiana department of health notice of
	90	+	29 the decedent's death, including any information related to the
	91	+	30 controlled substances involved, if any.
	92	+	31 (c) The coroner:
	93	+	32 (1) shall file a certificate of death with the county health
	94	+	33 department, or, if applicable, a multiple county health department,
	95	+	34 of the county in which the individual died, within seventy-two
	96	+	35 (72) hours after the completion of the death investigation;
	97	+	36 (2) shall complete the certificate of death utilizing all verifiable
	98	+	37 information establishing the time and date of death; and
	99	+	38 (3) may file a pending investigation certificate of death before
	100	+	39 completing the certificate of death, if necessary.
	101	+	40 (d) If this section applies, the body and the scene of death may not
	102	+	41 be disturbed until:
	103	+	42 (1) the coroner has photographed them in the manner that most
	104	+	EH 1286—LS 6502/DI 116 3
	105	+	1 fully discloses how the person died; and
	106	+	2 (2) law enforcement and the coroner have finished their initial
	107	+	3 assessment of the scene of death.
	108	+	4 However, a coroner or law enforcement officer may order a body to be
	109	+	5 moved before photographs are taken if the position or location of the
	110	+	6 body unduly interferes with activities carried on where the body is
	111	+	7 found, but the body may not be moved from the immediate area and
	112	+	8 must be moved without substantially destroying or altering the
	113	+	9 evidence present.
	114	+	10 (e) When acting under this section, if the coroner considers it
	115	+	11 necessary to have an autopsy performed, is required to perform an
	116	+	12 autopsy under subsection (g), or is requested by the prosecuting
	117	+	13 attorney of the county to perform an autopsy, the coroner shall arrange
	118	+	14 for the autopsy to be performed by a:
	119	+	15 (1) physician who:
	120	+	16 (A) is certified by the American Board of Pathology; or
	121	+	17 (B) holds a subspecialty board certification in forensic
	122	+	18 pathology from the American Osteopathic Board of Pathology
	123	+	19 and the American Osteopathic Association; or
	124	+	20 (2) pathology resident acting under the direct supervision of a
	125	+	21 physician described in subdivision (1).
	126	+	22 A physician employed under subdivision (1) to perform the autopsy
	127	+	23 shall be paid a fee of at least fifty dollars ($50) from the county
	128	+	24 treasury.
	129	+	25 (f) If:
	130	+	26 (1) at the request of:
	131	+	27 (A) the decedent's spouse;
	132	+	28 (B) a child of the decedent, if the decedent does not have a
	133	+	29 spouse;
	134	+	30 (C) a parent of the decedent, if the decedent does not have a
	135	+	31 spouse or children;
	136	+	32 (D) a brother or sister of the decedent, if the decedent does not
	137	+	33 have a spouse, children, or parents; or
	138	+	34 (E) a grandparent of the decedent, if the decedent does not
	139	+	35 have a spouse, children, parents, brothers, or sisters;
	140	+	36 (2) in any death, two (2) or more witnesses who corroborate the
	141	+	37 circumstances surrounding death are present; and
	142	+	38 (3) two (2) physicians who are licensed to practice medicine in
	143	+	39 the state and who have made separate examinations of the
	144	+	40 decedent certify the same cause of death in an affidavit within
	145	+	41 twenty-four (24) hours after death;
	146	+	42 an autopsy need not be performed. The affidavits shall be filed with the
	147	+	EH 1286—LS 6502/DI 116 4
	148	+	1 circuit court clerk.
	149	+	2 (g) A county coroner may not certify the cause of death in the case
	150	+	3 of the sudden and unexpected death of a child who is less than three (3)
	151	+	4 years old unless an autopsy is performed at county expense. However,
	152	+	5 a coroner may certify the cause of death of a child described in this
	153	+	6 subsection without the performance of an autopsy if subsection (f)
	154	+	7 applies to the death of the child.
	155	+	8 (h) After consultation with the law enforcement agency
	156	+	9 investigating the death of a decedent, the coroner shall do the
	157	+	10 following:
	158	+	11 (1) Inform a crematory authority if a person is barred under
	159	+	12 IC 23-14-31-26(c) from serving as the authorizing agent with
	160	+	13 respect to the cremation of the decedent's body because the
	161	+	14 coroner made the determination under IC 23-14-31-26(c)(2) in
	162	+	15 connection with the death of the decedent.
	163	+	16 (2) Inform a cemetery owner if a person is barred under
	164	+	17 IC 23-14-55-2(c) from authorizing the disposition of the body or
	165	+	18 cremated remains of the decedent because the coroner made the
	166	+	19 determination under IC 23-14-55-2(c)(2) in connection with the
	167	+	20 death of the decedent.
	168	+	21 (3) Inform a seller of prepaid services or merchandise if a person's
	169	+	22 contract is unenforceable under IC 30-2-13-23(b) because the
	170	+	23 coroner made the determination under IC 30-2-13-23(b)(4) in
	171	+	24 connection with the death of the decedent.
	172	+	EH 1286—LS 6502/DI 116 5
	173	+	COMMITTEE REPORT
	174	+	Mr. Speaker: Your Committee on Local Government, to which was
	175	+	referred House Bill 1286, has had the same under consideration and
	176	+	begs leave to report the same back to the House with the
	177	+	recommendation that said bill do pass.
	178	+	(Reference is to HB 1286 as introduced.)
	179	+
	180	+	MAY
	181	+	Committee Vote: Yeas 13, Nays 0
	182	+	_____
	183	+	COMMITTEE REPORT
	184	+	Madam President: The Senate Committee on Local Government, to
	185	+	which was referred House Bill No. 1286, has had the same under
	186	+	consideration and begs leave to report the same back to the Senate with
	187	+	the recommendation that said bill DO PASS.
	188	+	(Reference is to HB 1286 as printed February 14, 2023.)
	189	+
	190	+	BUCK, Chairperson
	191	+	Committee Vote: Yeas 9, Nays 0
	192	+	EH 1286—LS 6502/DI 116