Authorizes the coroner to obtain blood, urine, or other biological fluids or samples relevant to an investigation. (8/1/18)
Impact
The implementation of SB81 could have significant implications for state law regarding the handling of biological samples in death investigations. By removing the requirement for authorization, coroners are given greater latitude in their investigations, potentially leading to more timely and accurate determinations of cause of death. Additionally, the bill provides protections for healthcare providers and custodians of records from civil or criminal liability when releasing these records to coroners, thereby encouraging collaboration during investigations. This could improve public health outcomes by ensuring that critical evidence is collected without delay.
Summary
Senate Bill 81 (SB81) aims to streamline the process for coroners conducting investigations by allowing them to obtain biological fluids or samples (such as blood and urine) deemed relevant to the case without requiring prior authorization, subpoena, or court order. This bill amends R.S. 13:3734(H) to clarify the circumstances under which these samples can be obtained, enhancing the efficiency of death investigations. The provisions in the bill are designed to facilitate a smoother investigative process by reducing bureaucratic delays in obtaining necessary biological evidence.
Sentiment
Overall, the sentiment surrounding SB81 is largely positive. Supporters, including law enforcement and public health advocates, view it as a necessary measure to enhance the effectiveness of death investigations and to provide coroners with the tools they need to perform their duties efficiently. The bill has been passed unanimously, reflecting a strong bipartisan agreement on the importance of supporting the work of coroners in gathering crucial evidence without unnecessary legal hurdles.
Contention
While there is broad support for SB81, some concerns may arise regarding privacy and data protection of deceased individuals' biological samples. Critics of similar legislation often argue about the potential for misuse of such provisions, especially if there are insufficient safeguards in place regarding the handling of biological samples post-investigation. However, in this instance, the bill emphasizes the non-liability of healthcare providers releasing samples, which is intended to alleviate fears of repercussions. Thus, while the bill appears straightforward and necessary, ongoing discussions about ethical responsibilities concerning biological data will likely continue.
Authorizes the attorney general to issue a civil investigative demand prior to the commencement of a civil proceeding for the production of documents relevant to an investigation