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Regular Session, 2014
SENATE BILL NO. 402
BY SENATOR MILLS
CORONERS. Provide relative to coroners. (8/1/14)
AN ACT1
To amend and reenact R.S. 13:5713(A) and 5715(A), R.S. 14:30(B)(1), and 95(H), and R.S.2
17:2355.1, relative to coroners; to provide relative to duties; to provide relative to3
duties regarding paupers; to include coroners as peace officers for certain purposes;4
to provide for the carrying of concealed weapons by coroners; to provide relative to5
the search and disclosure of records by coroners; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:5713(A) and 5715(A) are hereby amended and reenacted to read8
as follows: 9
§5713. Duty to hold autopsies, investigations, etc.10
A. The coroner shall either view the body or make an investigation into the11
cause and manner of death in all cases involving the following:12
(1) Suspicious, unexpected, or unusual deaths.13
(2) Sudden or violent deaths.14
(3) Deaths due to unknown or obscure causes or in any unusual manner.15
(4) Bodies found dead.16
(5) Deaths without an attending physician within thirty-six hours prior to the17 SB NO. 402
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hour of death.1
(6) Deaths due to suspected suicide or homicide.2
(7) (6) Deaths in which poison is suspected.3
(8) (7) Any death from natural causes occurring in a hospital under twenty-4
four hours of admission unless seen by a physician in the last thirty-six hours.5
(9)(8) Deaths following an injury or accident either old or recent.6
(10)(9) Deaths due to drowning, hanging, burns, electrocution, gunshot7
wounds, stabs or cutting, lightning, starvation, radiation, exposure, alcoholism,8
addiction, tetanus, strangulation, suffocation, or smothering.9
(11)(10) Deaths due to trauma from whatever cause.10
(12)(11) Deaths due to criminal means or by casualty.11
(13)(12) Deaths in prison or while serving a sentence.12
(14)(13) Deaths due to virulent contagious disease that might be caused by13
or cause a public hazard, including acquired immune deficiency syndrome.14
* * *15
§5715. Delivery of body; burial disposition of paupers; anatomical gifts; kidney or16
eye removal; limitation of liability17
A.(1) Upon completion of an autopsy or completion of the coroner's18
investigation, if the investigation reveals that an autopsy is not required, the coroner19
shall release the body to the family or friends for burial.20
(2) The coroner shall arrange for the burial disposition of paupers, preferably21
by a Louisiana licensed funeral home. The burial disposition expenses shall not22
exceed the actual cost of the service, and shall be paid by the parish or municipality23
in which the death occurred. However, such expenses for patients or residents of any24
state-operated health care or treatment facility shall not be paid by the parish or25
municipality in which the death occurred, but shall be paid by the state. The state or26
any municipality or parish may establish a maximum amount which it shall pay for27
individual burial disposition expenses.28
* * *29 SB NO. 402
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Section 2. R.S. 14:30(B)(1) and 95(H) are hereby amended and reenacted to read as1
follows:2
§30. First degree murder3
* * *4
B.(1) For the purposes of Paragraph (A)(2) of this Section, the term "peace5
officer" means any peace officer, as defined in R.S. 40:2402, and includes any6
constable, marshal, deputy marshal, sheriff, deputy sheriff, local or state policeman,7
commissioned wildlife enforcement agent, federal law enforcement officer, jail or8
prison guard, parole officer, probation officer, judge, attorney general, assistant9
attorney general, attorney general's investigator, district attorney, assistant district10
attorney, or district attorney's investigator, coroner, deputy coroner, or coroner11
investigator.12
* * *13
§95. Illegal carrying of weapons14
* * *15
H. The provisions of this Section shall not prohibit active justices or judges16
of the supreme court, courts of appeal, district courts, parish courts, juvenile courts,17
family courts, city courts, federal courts domiciled in the state of Louisiana, and18
traffic courts, constables, coroners, designated coroner investigators, district19
attorneys and designated assistant district attorneys, United States attorneys and20
assistant United States attorneys and investigators, and justices of the peace from21
possessing and concealing a handgun on their person when the justice or judge,22
constable, coroner, designated coroner investigators, district attorneys and23
designated assistant district attorneys, United States attorneys and assistant United24
States attorneys and investigators, or justices of the peace are certified by the25
Council on Peace Officer Standards and Training.26
* * *27
Section 3. R.S. 17:2355.1 is hereby amended and reenacted to read as follows:28
§2355.1. Search for document of anatomical gift; notification29 SB NO. 402
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A. The following persons shall make a reasonable search of a person1
reasonably believed to be near death for a document of gift or other information2
identifying the person as a donor or a person who has refused to make such a3
donation:4
(1) Any law enforcement officer, fireman, paramedic, or any other5
emergency rescuer assisting the person.6
(2) A coroner or his designee.7
(3) Any hospital, as soon as practical after the arrival of the person.8
B. Upon death of a person, a coroner or his designee shall make a9
reasonable search of that person for a document of gift or other information as10
a donor or a person who has refused to make such a donation.11
C. If a document of gift or refusal to make an anatomical gift is located in12
accordance with this Section, and the person or decedent to whom the document is13
related is taken to a hospital, the document of gift or refusal shall be sent to the14
hospital.15
C. D. A person shall not be subject to criminal or civil liability for failing to16
discharge the duties imposed by this Section but may be subject to administrative17
sanctions.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Mills (SB 402)
Present law provides that the coroner will either view the body or make an investigation into
the cause and manner of death in all cases involving the following:
(1)Suspicious, unexpected, or unusual deaths.
(2)Sudden or violent deaths.
(3)Deaths due to unknown or obscure causes or in any unusual manner.
(4)Bodies found dead.
(5)Deaths without an attending physician within thirty-six hours prior to the hour of
death.
(6)Deaths due to suspected suicide or homicide. SB NO. 402
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(7)Deaths in which poison is suspected.
(8)Any death from natural causes occurring in a hospital under twenty-four hours of
admission unless seen by a physician in the last thirty-six hours.
(9)Deaths following an injury or accident either old or recent.
(10)Deaths due to drowning, hanging, burns, electrocution, gunshot wounds, stabs or
cutting, lightning, starvation, radiation, exposure, alcoholism, addiction, tetanus,
strangulation, suffocation, or smothering.
(11)Deaths due to trauma from whatever cause.
(12)Deaths due to criminal means or by casualty.
(13)Deaths in prison or while serving a sentence.
(14)Deaths due to virulent contagious disease that might be caused by or cause a public
hazard, including acquired immune deficiency syndrome.
Proposed law retains present law but removes the coroner's duty to investigate deaths
without an attending physician 36 hours prior to the death.
Present law provides for the burial of paupers.
Proposed law retains present law but changes the term of use from burial to disposition.
Present law provides that the term "peace officer" for purposes of first degree murder means
any peace officer, as defined in present law, and includes any constable, marshal, deputy
marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife enforcement
agent, federal law enforcement officer, jail or prison guard, parole officer, probation officer,
judge, attorney general, assistant attorney general, attorney general's investigator, district
attorney, assistant district attorney, or district attorney's investigator.
Proposed law retains present law but adds any coroner, deputy coroner, or coroner
investigator to the list of individuals that would be considered a "peace officer".
Present law provides that the provisions of present law will not prohibit active justices or
judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts,
family courts, city courts, federal courts domiciled in the state of Louisiana, and traffic
courts, constables, coroners, district attorneys and designated assistant district attorneys,
United States attorneys and assistant United States attorneys and investigators, and justices
of the peace from possessing and concealing a handgun on their person when the justice or
judge, constable, coroner, district attorneys and designated assistant district attorneys, United
States attorneys and assistant United States attorneys and investigators, or justices of the
peace are POST certified.
Proposed law retains present law but adds coroner investigators to the list of individuals that
may possess and conceal a handgun when they are POST certified.
Proposed law provides that the following persons will make a reasonable search of a person
reasonably believed to be near death for a document of post anatomical gift or other
information identifying the person as a donor or a person who has refused to make such a
donation:
(1)Any law enforcement officer, fireman, paramedic, or any other emergency rescuer
assisting the person. SB NO. 402
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(2)Any hospital, as soon as practical after the arrival of the person.
Proposed law retains present law and adds a coroner or his designee to the list of individuals
that must make a reasonable search.
Effective August 1, 2014.
(Amends R.S. 13:5713(A) and 5715(A), R.S. 14:30(B)(1) and 95(H), and R.S. 17:2355.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Makes technical changes.
2. Removes provisions dealing with public records and recorders.