SLS 16RS-420 ENGROSSED
2016 Regular Session
SENATE BILL NO. 241
BY SENATOR MILKOVICH
PUBLIC RECORDS. Provides right of access to autopsy records, coroner's reports and
similar documents. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 13:5713(J), relative to duty to hold autopsies and investigations;
3 to provide relative to autopsy records, writings, and documents and coroner reports;
4 to provide relative to persons authorized to receive autopsy records, writings, and
5 documents and coroner reports; to provide with respect to authorization of family
6 members and next of kin to receive autopsy records, writings, and documents and
7 coroner reports; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:5713(J) is hereby amended and reenacted to read as follows:
10 ยง5713. Duty to hold autopsies, investigations, etc.
11 * * *
12 J. Autopsy reports prepared by the coroner or his designee are public records.
13 The coroner shall provide one copy of the autopsy report, records, writings, and
14 documents of any description in any way compiled, drafted or recorded in
15 connection with an autopsy upon request by the next of kin the parent, sibling,
16 child, grandchild, niece, nephew, aunt or uncle at no charge to the next of kin. The
17 coroner shall provide one copy of the autopsy report upon request by the next of kin
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 241
SLS 16RS-420 ENGROSSED
1 if there is no surviving parent, sibling, child, grandchild, niece, nephew, aunt or
2 uncle at no charge to the next of kin. The coroner shall provide copies of the autopsy
3 report, records, writings, and documents of any description in any way compiled,
4 drafted or recorded in connection with an autopsy at no charge to the appropriate
5 law enforcement agencies as requested. The public records fee for any other copy of
6 an autopsy report shall be the same as that charged by the registrar of vital records
7 for the state for a death certificate. The records, writings, and documents of any
8 descriptions in any way compiled, drafted, or recorded in connection with an
9 autopsy shall be provided by the coroner upon payment of a reasonable copying
10 charge pursuant to R.S. 40:1165.1. The autopsy report shall be provided to
11 relatives as provided in this Section at no charge.
12 * * *
13 Section 2. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ashley Menou.
DIGEST
SB 241 Engrossed 2016 Regular Session Milkovich
Present law provides that autopsy reports prepared by the coroner or his designee are public
records. The coroner shall provide one copy of the autopsy report upon request by the next
of kin at no charge to the next of kin.
Proposed law provides that the coroner shall provide one copy of the autopsy report at no
charge upon request by the parent, sibling, child, grandchild, niece, nephew, aunt, uncle, or
next of kin if there are none of the enumerated surviving relatives.
Present law provides that the coroner shall provide copies of the autopsy report at no charge
to the appropriate law enforcement agencies as requested.
Proposed law retains present law and adds that the coroner shall also provide copies of the
records, writings, and documents of any description in any way compiled, drafted or
recorded in connection with an autopsy at no charge to the appropriate law enforcement
agencies as requested.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 241
SLS 16RS-420 ENGROSSED
Present law provides that the public records fee for any other copy of an autopsy report shall
be the same as that charged by the registrar of vital records for the state for a death
certificate.
Proposed law retains present law and provides that the records, writings, and documents of
any descriptions in any way compiled, drafted, or recorded in connection with an autopsy
shall be provided by the coroner to the enumerated relatives or next of kin upon payment of
a reasonable copying charge.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5713(J))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Removes records, writings, and documents of any description in any way
compiled, drafted, or recorded in connection with an autopsy from public
records.
2. Changes the fee the coroner may assess certain relatives and next of kin for
providing copies of records, writings, and documents connected with an
autopsy from no charge to a reasonable copying charge as provided in
present law for the copying of heath care information.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.