Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 402
BY SENATOR MILLS
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
hour of death.18
(6) Deaths due to suspected suicide or homicide.19
(7) (6) Deaths in which poison is suspected.20
(8) (7) Any death from natural causes occurring in a hospital under twenty-21
four hours of admission unless seen by a physician in the last thirty-six hours.22
(9)(8) Deaths following an injury or accident either old or recent.23
(10)(9) Deaths due to drowning, hanging, burns, electrocution, gunshot24
wounds, stabs or cutting, lightning, starvation, radiation, exposure, alcoholism,25
addiction, tetanus, strangulation, suffocation, or smothering.26
ACT No. 390 SB NO. 402 ENROLLED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(11)(10) Deaths due to trauma from whatever cause.1
(12)(11) Deaths due to criminal means or by casualty.2
(13)(12) Deaths in prison or while serving a sentence.3
(14)(13) Deaths due to virulent contagious disease that might be caused by4
or cause a public hazard, including acquired immune deficiency syndrome.5
* * *6
§5715. Delivery of body; burial disposition of paupers; anatomical gifts; kidney or7
eye removal; limitation of liability8
A.(1) Upon completion of an autopsy or completion of the coroner's9
investigation, if the investigation reveals that an autopsy is not required, the coroner10
shall release the body to the family or friends for burial.11
(2) The coroner shall arrange for the burial disposition of paupers, preferably12
by a Louisiana licensed funeral home. The burial disposition expenses shall not13
exceed the actual cost of the service, and shall be paid by the parish or municipality14
in which the death occurred. However, such expenses for patients or residents of any15
state-operated health care or treatment facility shall not be paid by the parish or16
municipality in which the death occurred, but shall be paid by the state. The state or17
any municipality or parish may establish a maximum amount which it shall pay for18
individual burial disposition expenses.19
* * *20
Section 2. R.S. 14:30(B)(1) and 95(H) are hereby amended and reenacted to read as21
follows:22
§30. First degree murder23
* * *24
B.(1) For the purposes of Paragraph (A)(2) of this Section, the term "peace25
officer" means any peace officer, as defined in R.S. 40:2402, and includes any26
constable, marshal, deputy marshal, sheriff, deputy sheriff, local or state policeman,27
commissioned wildlife enforcement agent, federal law enforcement officer, jail or28
prison guard, parole officer, probation officer, judge, attorney general, assistant29
attorney general, attorney general's investigator, district attorney, assistant district30 SB NO. 402 ENROLLED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
attorney, or district attorney's investigator, coroner, deputy coroner, or coroner1
investigator.2
* * *3
§95. Illegal carrying of weapons4
* * *5
H. The provisions of this Section shall not prohibit active justices or judges6
of the supreme court, courts of appeal, district courts, parish courts, juvenile courts,7
family courts, city courts, federal courts domiciled in the state of Louisiana, and8
traffic courts, constables, coroners, designated coroner investigators, district9
attorneys and designated assistant district attorneys, United States attorneys and10
assistant United States attorneys and investigators, and justices of the peace from11
possessing and concealing a handgun on their person when the justice or judge,12
constable, coroner, designated coroner investigators, district attorneys and13
designated assistant district attorneys, United States attorneys and assistant United14
States attorneys and investigators, or justices of the peace are certified by the15
Council on Peace Officer Standards and Training.16
* * *17
Section 3. R.S. 17:2355.1 is hereby amended and reenacted to read as follows:18
§2355.1. Search for document of anatomical gift; notification19
A. The following persons shall make a reasonable search of a person20
reasonably believed to be near death for a document of gift or other information21
identifying the person as a donor or a person who has refused to make such a22
donation:23
(1) Any law enforcement officer, fireman, paramedic, or any other24
emergency rescuer assisting the person.25
(2) A coroner or his designee.26
(3) Any hospital, as soon as practical after the arrival of the person.27
B. Upon death of a person, a coroner or his designee shall make a28
reasonable search of that person for a document of gift or other information as29
a donor or a person who has refused to make such a donation.30 SB NO. 402 ENROLLED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. If a document of gift or refusal to make an anatomical gift is located in1
accordance with this Section, and the person or decedent to whom the document is2
related is taken to a hospital, the document of gift or refusal shall be sent to the3
hospital.4
C. D. A person shall not be subject to criminal or civil liability for failing to5
discharge the duties imposed by this Section but may be subject to administrative6
sanctions.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: