Indiana 2023 Regular Session

Indiana House Bill HB1293 Compare Versions

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1+*EH1293.2*
2+Reprinted
3+March 21, 2023
4+ENGROSSED
5+HOUSE BILL No. 1293
6+_____
7+DIGEST OF HB 1293 (Updated March 20, 2023 2:42 pm - DI 87)
8+Citations Affected: IC 5-15; IC 36-2.
9+Synopsis: Coroners. Provides that if a person dies under certain
10+circumstances in a county that is not the county where the incident
11+occurred resulting in the death, the county coroner where the death
12+occurred may not bill the county where the incident occurred for the
13+costs of the autopsy, unless the coroners of both counties agree as to the
14+necessity of an autopsy. Provides the following: (1) Allows a coroner
15+to determine the means of copying an original record of the coroner. (2)
16+With the exception of a record concerning a death subject to a criminal
17+investigation or proceeding, allows a coroner to destroy or transfer the
18+original record at the time determined by the coroner after copying the
19+record. Provides that a coroner is immune from criminal liability for
20+destroying a public record if the coroner acts in accordance with the
21+coroner's authority to copy and destroy the coroner's records. Removes
22+a requirement that the county fix the compensation of a coroner who is
23+a licensed physician at 1.5 times the compensation of a coroner who is
24+not a licensed physician for coroners who are elected or reelected in the
25+2024 general election and thereafter.
26+Effective: July 1, 2023.
27+VanNatter
28+(SENATE SPONSORS — MISHLER, BOHACEK)
29+January 11, 2023, read first time and referred to Committee on Local Government.
30+January 24, 2023, amended, reported — Do Pass.
31+January 26, 2023, read second time, ordered engrossed.
32+January 27, 2023, engrossed.
33+January 30, 2023, read third time, passed. Yeas 94, nays 0.
34+SENATE ACTION
35+February 23, 2023, read first time and referred to Committee on Local Government.
36+March 13, 2023, amended, reported favorably — Do Pass.
37+March 20, 2023, read second time, amended, ordered engrossed.
38+EH 1293—LS 7098/DI 87 Reprinted
39+March 21, 2023
140 First Regular Session of the 123rd General Assembly (2023)
241 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
342 Constitution) is being amended, the text of the existing provision will appear in this style type,
443 additions will appear in this style type, and deletions will appear in this style type.
544 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
645 provision adopted), the text of the new provision will appear in this style type. Also, the
746 word NEW will appear in that style type in the introductory clause of each SECTION that adds
847 a new provision to the Indiana Code or the Indiana Constitution.
948 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1049 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1293
12-AN ACT to amend the Indiana Code concerning local government.
50+ENGROSSED
51+HOUSE BILL No. 1293
52+A BILL FOR AN ACT to amend the Indiana Code concerning local
53+government.
1354 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-15-1-1, AS AMENDED BY P.L.161-2018,
55+1 SECTION 1. IC 5-15-1-1, AS AMENDED BY P.L.161-2018,
56+2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57+3 JULY 1, 2023]: Sec. 1. (a) Any officer, office, court, commission,
58+4 board, institution, department, agent, or employee of the state, county,
59+5 or any political subdivision being charged with the duty or authorized
60+6 or required by law to record, preserve, keep, maintain, or file any
61+7 record, document, plat, paper or instrument-in-writing, may, whenever
62+8 any such officer, office, court, commission, board, institution,
63+9 department, agent, or employee of the state, county, or any political
64+10 subdivision shall deem it necessary, for the purpose of recording or
65+11 copying same, preserving and protecting same, reducing space required
66+12 for storage or filing of same, or any similar purpose, have or cause to
67+13 have any or all such records recorded, copied, or reproduced by any
68+14 photostatic, photographic, micrographic, electronic, or other process
69+15 which correctly and accurately copies or reproduces, recreates, or
70+16 forms a medium of copying or reproducing the original record,
71+17 document, plat, paper, or instrument-in-writing. Any officer, office,
72+EH 1293—LS 7098/DI 87 2
73+1 court, commission, board, institution, department, agent, or employee
74+2 of the state may have or cause to have records recorded, copied, or
75+3 reproduced under this subsection by any optical imaging process that
76+4 correctly and accurately copies or reproduces, recreates, or forms a
77+5 medium of copying or reproducing the original record, document, plat,
78+6 paper, or instrument-in-writing.
79+7 (b) The original filing record may be destroyed if:
80+8 (1) the record has been copied or is capable of being reproduced
81+9 or recreated under subsection (a); and
82+10 (2) an approved retention schedule allows for the destruction.
83+11 (c) Copies, recreations, or reproductions made under subsection (a):
84+12 (1) shall have the same force and effect at law as the original
85+13 record destroyed under subsection (b); and
86+14 (2) shall be received as evidence in any court where the original
87+15 record could have been so introduced;
88+16 if the recreations, copies, or reproductions are properly certified as to
89+17 authenticity and accuracy by a duly constituted official custodian of
90+18 such records.
91+19 (d) All micrographics and imaging processes done under this
92+20 chapter shall comply with the quality standards developed under
93+21 IC 5-15-5.1-8.
94+22 (e) This section does not apply to the office of judicial
95+23 administration of the supreme court or the office of a county coroner.
96+24 SECTION 2. IC 36-2-14-5.3 IS ADDED TO THE INDIANA CODE
97+25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
98+26 1, 2023]: Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or
99+27 any rule, standard, or retention schedule adopted under
100+28 IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:
101+29 (1) Determine the materials, processes, and standards used to:
102+30 (A) correctly and accurately reproduce an original record
103+31 (including producing an electronic record); and
104+32 (B) store a reproduction of an original record (including
105+33 using cloud based document storage);
106+34 of the office of the coroner.
107+35 (2) At the time determined by the coroner, destroy or transfer
108+36 an original record to the Indiana state archives after the
109+37 coroner reproduces the record in accordance with the
110+38 determination under subdivision (1).
111+39 (b) This subsection applies to records concerning a death that is
112+40 the subject of a criminal investigation or proceeding.
113+41 Notwithstanding any other provision of this section, a coroner shall
114+42 retain the original record of the following until final disposition of
115+EH 1293—LS 7098/DI 87 3
116+1 all appeals:
117+2 (1) Coroner's verdict and written report.
118+3 (2) Coroner's report containing the identification of the
119+4 deceased, time and date of death, officers and officials
120+5 present.
121+6 (3) Coroner's autopsy report including the written document
122+7 of the complete autopsy, photos, video recordings, audio
123+8 recordings, any health records, and the pathologist's finding,
124+9 produced by the pathologist.
125+10 (4) Scene photographs.
126+11 (5) Toxicology report.
127+12 (6) Evidence generated by the coroner's office including DNA
128+13 stain card and suicide notes.
129+14 (7) Investigative report or investigative notes.
130+15 (8) Coroner's release for cremation.
131+16 (9) Chain of custody and property release form.
132+17 (10) Clothing and personal property form.
133+18 (c) Copies, recreations, or reproductions made under subsection
134+19 (a):
135+20 (1) shall have the same force and effect at law as the original
136+21 record destroyed under subsection (a)(2); and
137+22 (2) shall be received as evidence in any court where the
138+23 original record could have been so introduced;
139+24 if the recreations, copies, or reproductions are properly certified
140+25 as to authenticity and accuracy by the coroner.
141+26 (d) A coroner who destroys an original record in accordance
142+27 with the authority of the coroner under this section is immune
143+28 from liability under IC 5-15-6-8.
144+29 SECTION 3. IC 36-2-14-15, AS AMENDED BY P.L.127-2017,
145+30 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146+31 JULY 1, 2023]: Sec. 15. (a) When fixing the compensation of county
147+32 officers under this title, the county fiscal body shall fix:
148+33 (1) compensation for the coroner as if the coroner is licensed to
149+34 practice as a physician in Indiana; and
150+35 (2) compensation for the coroner as if the coroner is not licensed
151+36 to practice as a physician in Indiana.
152+37 The compensation fixed under subdivision (1) must be one and
153+38 one-half (1 1/2) times that fixed under subdivision (2). The county
154+39 fiscal body shall then determine whether or not the coroner is a
155+40 licensed physician and shall fix the coroner's compensation in the
156+41 proper amount.
157+42 (b) This subsection applies only to an individual who is elected
158+EH 1293—LS 7098/DI 87 4
159+1 or reelected to the office of coroner in the 2022 general election.
160+2 The county fiscal body shall fix the compensation of the coroner for
161+3 calendar years 2023, 2024, 2025, and 2026 in accordance with this
162+4 section.
163+5 (c) This subsection applies only to an individual who is elected
164+6 or reelected to the office of coroner in the 2024 general election.
165+7 The county fiscal body shall fix the compensation of the coroner for
166+8 calendar years 2025 and thereafter in accordance with:
167+9 (1) IC 36-2-5-3 and IC 36-2-5-11, in a county not having a
168+10 consolidated city; or
169+11 (2) IC 36-3-6-2, in a county having a consolidated city.
170+12 (d) This section expires January 1, 2027.
171+13 SECTION 4. IC 36-2-14-20, AS AMENDED BY P.L.193-2018,
172+14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
173+15 JULY 1, 2023]: Sec. 20. (a) This section applies only to the autopsy
174+16 of a person whose death is:
175+17 (1) suspicious;
176+18 (2) violent;
177+19 (3) accidental; or
178+20 (4) from an overdose.
179+21 (a) (b) As used in this section, "autopsy" means the external and
180+22 surgical internal examination of all body systems of a decedent,
181+23 including toxicology and histology.
182+24 (b) (c) Except as provided in subsection (b) (d) and IC 4-24-4-1, if
183+25 an Indiana resident (1) dies in an Indiana county as a result of an
184+26 incident that occurred in another Indiana county, and (2) is the subject
185+27 of an autopsy performed under the authority and duties of the county
186+28 coroner of the county where the death occurred; the county coroner
187+29 where the death occurred shall discuss whether an autopsy is
188+30 warranted with the coroner of the county where the incident
189+31 occurred. If the coroners agree that an autopsy is needed, the
190+32 coroner of the county where the death occurred shall bill the county
191+33 in which the incident occurred for the cost of the autopsy, including the
192+34 physician fee under section 6(e) of this chapter.
193+35 (c) (d) Except as provided in subsection (b) (c) and IC 4-24-4-1,
194+36 payment for the costs of an autopsy requested by a party other than the:
195+37 (1) county prosecutor; or
196+38 (2) county coroner;
197+39 of the county in which the individual died must be made by the party
198+40 requesting the autopsy.
199+41 (d) (e) This section does not preclude the coroner of a county in
200+42 which a death occurs from attempting to recover autopsy costs from the
201+EH 1293—LS 7098/DI 87 5
202+1 jurisdiction outside Indiana where the incident that caused the death
203+2 occurred.
204+EH 1293—LS 7098/DI 87 6
205+COMMITTEE REPORT
206+Mr. Speaker: Your Committee on Local Government, to which was
207+referred House Bill 1293, has had the same under consideration and
208+begs leave to report the same back to the House with the
209+recommendation that said bill be amended as follows:
210+Page 1, between the enacting clause and line 1, begin a new
211+paragraph and insert:
212+"SECTION 1. IC 5-15-1-1, AS AMENDED BY P.L.161-2018,
15213 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16214 JULY 1, 2023]: Sec. 1. (a) Any officer, office, court, commission,
17215 board, institution, department, agent, or employee of the state, county,
18216 or any political subdivision being charged with the duty or authorized
19217 or required by law to record, preserve, keep, maintain, or file any
20218 record, document, plat, paper or instrument-in-writing, may, whenever
21219 any such officer, office, court, commission, board, institution,
22220 department, agent, or employee of the state, county, or any political
23221 subdivision shall deem it necessary, for the purpose of recording or
24222 copying same, preserving and protecting same, reducing space required
25223 for storage or filing of same, or any similar purpose, have or cause to
26224 have any or all such records recorded, copied, or reproduced by any
27225 photostatic, photographic, micrographic, electronic, or other process
28226 which correctly and accurately copies or reproduces, recreates, or
29227 forms a medium of copying or reproducing the original record,
30228 document, plat, paper, or instrument-in-writing. Any officer, office,
31229 court, commission, board, institution, department, agent, or employee
32230 of the state may have or cause to have records recorded, copied, or
33231 reproduced under this subsection by any optical imaging process that
34232 correctly and accurately copies or reproduces, recreates, or forms a
35233 medium of copying or reproducing the original record, document, plat,
36-HEA 1293 — Concur 2
37234 paper, or instrument-in-writing.
38235 (b) The original filing record may be destroyed if:
39236 (1) the record has been copied or is capable of being reproduced
40237 or recreated under subsection (a); and
41238 (2) an approved retention schedule allows for the destruction.
42239 (c) Copies, recreations, or reproductions made under subsection (a):
43240 (1) shall have the same force and effect at law as the original
44241 record destroyed under subsection (b); and
45242 (2) shall be received as evidence in any court where the original
46243 record could have been so introduced;
47244 if the recreations, copies, or reproductions are properly certified as to
48245 authenticity and accuracy by a duly constituted official custodian of
246+EH 1293—LS 7098/DI 87 7
49247 such records.
50248 (d) All micrographics and imaging processes done under this
51249 chapter shall comply with the quality standards developed under
52250 IC 5-15-5.1-8.
53251 (e) This section does not apply to the office of judicial
54252 administration of the supreme court or the office of a county coroner.
55253 SECTION 2. IC 36-2-14-5.3 IS ADDED TO THE INDIANA CODE
56254 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
57255 1, 2023]: Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or
58256 any rule, standard, or retention schedule adopted under
59-IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:
257+IC 5-15-5.1 or IC 5-15-6 but subject to IC 5-15-5.1-8, a coroner
258+may do the following:
60259 (1) Determine the materials, processes, and standards used to:
61260 (A) correctly and accurately reproduce an original record
62261 (including producing an electronic record); and
63262 (B) store a reproduction of an original record (including
64263 using cloud based document storage);
65264 of the office of the coroner.
66265 (2) At the time determined by the coroner, destroy or transfer
67266 an original record to the Indiana state archives after the
68267 coroner reproduces the record in accordance with the
69268 determination under subdivision (1).
70-(b) This subsection applies to records concerning a death that is
71-the subject of a criminal investigation or proceeding.
269+(b) Copies, recreations, or reproductions made under subsection
270+(a):
271+(1) shall have the same force and effect at law as the original
272+record destroyed under subsection (a)(2); and
273+(2) shall be received as evidence in any court where the
274+original record could have been so introduced;
275+if the recreations, copies, or reproductions are properly certified
276+as to authenticity and accuracy by the coroner.
277+(c) A coroner who destroys an original record in accordance
278+with the authority of the coroner under this section is immune
279+from liability under IC 5-15-6-8.
280+SECTION 3. IC 36-2-14-15, AS AMENDED BY P.L.127-2017,
281+SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
282+JULY 1, 2023]: Sec. 15. (a) When fixing the compensation of county
283+officers under this title, the county fiscal body shall fix:
284+(1) compensation for the coroner as if the coroner is licensed to
285+practice as a physician in Indiana; and
286+(2) compensation for the coroner as if the coroner is not licensed
287+to practice as a physician in Indiana.
288+The compensation fixed under subdivision (1) must be one and
289+EH 1293—LS 7098/DI 87 8
290+one-half (1 1/2) times that fixed under subdivision (2). The county
291+fiscal body shall then determine whether or not the coroner is a
292+licensed physician and shall fix the coroner's compensation in the
293+proper amount.
294+(b) This subsection applies only to an individual who is elected
295+or reelected to the office of coroner in the 2022 general election.
296+The county fiscal body shall fix the compensation of the coroner for
297+calendar years 2023, 2024, 2025, and 2026 in accordance with this
298+section.
299+(c) This subsection applies only to an individual who is elected
300+or reelected to the office of coroner in the 2024 general election.
301+The county fiscal body shall fix the compensation of the coroner for
302+calendar years 2025 and thereafter in accordance with:
303+(1) IC 36-2-5-3 and IC 36-2-5-11, in a county not having a
304+consolidated city; or
305+(2) IC 36-3-6-2, in a county having a consolidated city.
306+(d) This section expires January 1, 2027.".
307+Renumber all SECTIONS consecutively.
308+and when so amended that said bill do pass.
309+(Reference is to HB 1293 as introduced.)
310+MAY
311+Committee Vote: yeas 9, nays 0.
312+_____
313+COMMITTEE REPORT
314+Madam President: The Senate Committee on Local Government, to
315+which was referred House Bill No. 1293, has had the same under
316+consideration and begs leave to report the same back to the Senate with
317+the recommendation that said bill be AMENDED as follows:
318+Page 2, between lines 39 and 40, begin a new paragraph and insert:
319+"(b) This subsection applies to records concerning a death that
320+is the subject of a criminal investigation or proceeding.
72321 Notwithstanding any other provision of this section, a coroner shall
73322 retain the original record of the following until final disposition of
74323 all appeals:
75324 (1) Coroner's verdict and written report.
76325 (2) Coroner's report containing the identification of the
77326 deceased, time and date of death, officers and officials
327+EH 1293—LS 7098/DI 87 9
78328 present.
79-HEA 1293 — Concur 3
80329 (3) Coroner's autopsy report including the written document
81330 of the complete autopsy, photos, video recordings, audio
82331 recordings, any health records, and the pathologist's finding,
83332 produced by the pathologist.
84333 (4) Scene photographs.
85334 (5) Toxicology report.
86335 (6) Evidence generated by the coroner's office including DNA
87336 stain card and suicide notes.
88337 (7) Investigative report or investigative notes.
89338 (8) Coroner's release for cremation.
90339 (9) Chain of custody and property release form.
91-(10) Clothing and personal property form.
92-(c) Copies, recreations, or reproductions made under subsection
93-(a):
94-(1) shall have the same force and effect at law as the original
95-record destroyed under subsection (a)(2); and
96-(2) shall be received as evidence in any court where the
97-original record could have been so introduced;
98-if the recreations, copies, or reproductions are properly certified
99-as to authenticity and accuracy by the coroner.
100-(d) A coroner who destroys an original record in accordance
101-with the authority of the coroner under this section is immune
102-from liability under IC 5-15-6-8.
103-SECTION 3. IC 36-2-14-15, AS AMENDED BY P.L.127-2017,
104-SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105-JULY 1, 2023]: Sec. 15. (a) When fixing the compensation of county
106-officers under this title, the county fiscal body shall fix:
107-(1) compensation for the coroner as if the coroner is licensed to
108-practice as a physician in Indiana; and
109-(2) compensation for the coroner as if the coroner is not licensed
110-to practice as a physician in Indiana.
111-The compensation fixed under subdivision (1) must be one and
112-one-half (1 1/2) times that fixed under subdivision (2). The county
113-fiscal body shall then determine whether or not the coroner is a
114-licensed physician and shall fix the coroner's compensation in the
115-proper amount.
116-(b) This subsection applies only to an individual who is elected
117-or reelected to the office of coroner in the 2022 general election.
118-The county fiscal body shall fix the compensation of the coroner for
119-calendar years 2023, 2024, 2025, and 2026 in accordance with this
120-section.
121-(c) This subsection applies only to an individual who is elected
122-HEA 1293 — Concur 4
123-or reelected to the office of coroner in the 2024 general election.
124-The county fiscal body shall fix the compensation of the coroner for
125-calendar years 2025 and thereafter in accordance with:
126-(1) IC 36-2-5-3 and IC 36-2-5-11, in a county not having a
127-consolidated city; or
128-(2) IC 36-3-6-2, in a county having a consolidated city.
129-(d) This section expires January 1, 2027.
130-SECTION 4. IC 36-2-14-20, AS AMENDED BY P.L.193-2018,
131-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132-JULY 1, 2023]: Sec. 20. (a) This section applies only to the autopsy
133-of a person whose death is:
134-(1) suspicious;
135-(2) violent;
136-(3) accidental; or
137-(4) from an overdose.
138-(a) (b) As used in this section, "autopsy" means the external and
139-surgical internal examination of all body systems of a decedent,
140-including toxicology and histology.
141-(b) (c) Except as provided in subsection (b) (d) and IC 4-24-4-1, if
142-an Indiana resident (1) dies in an Indiana county as a result of an
143-incident that occurred in another Indiana county, and (2) is the subject
144-of an autopsy performed under the authority and duties of the county
145-coroner of the county where the death occurred; the county coroner
146-where the death occurred shall discuss whether an autopsy is
147-warranted with the coroner of the county where the incident
148-occurred. If the coroners agree that an autopsy is needed, the
149-coroner of the county where the death occurred shall bill the county
150-in which the incident occurred for the cost of the autopsy, including the
151-physician fee under section 6(e) of this chapter.
152-(c) (d) Except as provided in subsection (b) (c) and IC 4-24-4-1,
153-payment for the costs of an autopsy requested by a party other than the:
154-(1) county prosecutor; or
155-(2) county coroner;
156-of the county in which the individual died must be made by the party
157-requesting the autopsy.
158-(d) (e) This section does not preclude the coroner of a county in
159-which a death occurs from attempting to recover autopsy costs from the
160-jurisdiction outside Indiana where the incident that caused the death
161-occurred.
162-HEA 1293 — Concur Speaker of the House of Representatives
163-President of the Senate
164-President Pro Tempore
165-Governor of the State of Indiana
166-Date: Time:
167-HEA 1293 — Concur
340+(10) Clothing and personal property form.".
341+Page 2, line 40, delete "(b)" and insert "(c)".
342+Page 3, line 6, delete "(c)" and insert "(d)".
343+and when so amended that said bill do pass.
344+(Reference is to HB 1293 as printed January 24, 2023.)
345+BUCK, Chairperson
346+Committee Vote: Yeas 10, Nays 0.
347+_____
348+SENATE MOTION
349+Madam President: I move that Engrossed House Bill 1293 be
350+amended to read as follows:
351+Page 2, line 28, delete "IC 5-15-6 but subject to IC 5-15-5.1-8," and
352+insert "IC 5-15-6,".
353+(Reference is to EHB 1293 as printed March 14, 2023.)
354+BOHACEK
355+EH 1293—LS 7098/DI 87