EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0969*
HOUSE BILL 969
J1, E2 4lr3231
By: Delegate Bartlett
Introduced and read first time: February 2, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Death Certificates – Cause or Manner of Death Determinations – Requirements 2
After Change or Correction 3
FOR the purpose of requiring, if a victim’s initial determination of death recorded on the 4
victim’s death certificate was amended or corrected to be undetermined or homicide, 5
an assistant State’s Attorney with knowledge of the case to meet with a person in 6
interest on the request of the person in interest for a certain purpose; requiring the 7
medical examiner to provide notice to the State’s Attorney and the local law 8
enforcement agency in a certain jurisdiction and request that the Secretary of Health 9
send an amended certified death certificate to a certain person in interest if the 10
medical examiner was required to change or correct the cause or manner of death 11
recorded on the death certificate of a certain deceased individual in accordance with 12
a certain provision of law; and generally relating to requirements that apply when a 13
change or correction is made to the cause or manner of death recorded on a death 14
certificate. 15
BY adding to 16
Article – Criminal Procedure 17
Section 11–1010 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – General Provisions 22
Section 4–101(a) and (g) 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Health – General 27
Section 5–309(d) 28 2 HOUSE BILL 969
Annotated Code of Maryland 1
(2023 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Criminal Procedure 5
11–1010. 6
(A) IN THIS SECTION, “PERSON IN INTEREST ” HAS THE MEANING STAT ED IN 7
§ 4–101 OF THE GENERAL PROVISIONS ARTICLE. 8
(B) THIS SECTION APPLIES ONLY WITH RESPECT TO A VICTIM WHOSE 9
INITIAL DETERMINATIO N OF CAUSE OR MANNER OF DEATH RECORDED ON THE 10
VICTIM’S DEATH CERTIFICATE UN DER § 4–212 OF THE HEALTH – GENERAL ARTICLE 11
WAS AMENDED OR CORRE CTED TO BE UNDETERMI NED OR HOMICIDE UNDER § 12
5–309(D)(2) OF THE HEALTH – GENERAL ARTICLE. 13
(C) FOR AN INVESTIGATION OR A CASE INVOLVING A VICTIM DESCRIBED 14
UNDER SUBSECTION (B) OF THIS SECTION, AN ASSISTANT STATE’S ATTORNEY WITH 15
KNOWLEDGE OF THE CAS E SHALL MEET WITH A PERSON IN INTEREST WITHIN 20 16
DAYS AFTER RECEIVING A REQUEST FROM THE PERSON IN INTEREST TO MEET 17
REGARDING THE PERSON IN INTERE ST’S REQUEST THAT THE OFFICE OF THE 18
STATE’S ATTORNEY PURSUE AN INVESTIGAT ION INTO THE CIRCUMS TANCES OF THE 19
VICTIM’S DEATH. 20
(D) AT THE MEETING REQUIR ED UNDER THIS SECTIO N, THE ASSISTANT 21
STATE’S ATTORNEY SHALL EXPLAI N THE JUSTIFICATION FOR NOT PURSUING AN 22
INVESTIGATION INTO T HE VICTIM’S DEATH DESPITE THE AMENDMENT OR 23
CORRECTION TO THE CA USE OR MANNER OF DEATH ON THE DEATH CERTIFI CATE OF 24
THE VICTIM. 25
(E) THE MEETING REQUIRED UNDER THIS SECTION M AY BE CONDUCTED IN 26
PERSON, BY TELEPHONE, OR BY OTHER MEANS MU TUALLY AGREED ON . 27
Article – General Provisions 28
4–101. 29
(a) In this title the following words have the meanings indicated. 30
(g) “Person in interest” means: 31
HOUSE BILL 969 3
(1) a person or governmental unit that is the subject of a public record or a 1
designee of the person or governmental unit; 2
(2) if the person has a legal disability, the parent or legal representative of 3
the person; or 4
(3) as to requests for correction of certificates of death under § 5–310(d)(2) 5
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 6
or guardian of the person of the deceased at the time of the deceased’s death. 7
Article – Health – General 8
5–309. 9
(d) (1) (i) The individual who performs the autopsy shall prepare detailed 10
written findings during the progress of the autopsy. 11
(ii) The findings prepared under subparagraph (i) of this paragraph 12
and the conclusions drawn from them shall be filed in the office of the medical examiner for 13
the county where the death occurred. 14
(iii) The original copy of the findings and conclusions shall be filed in 15
the Office. 16
(iv) The Department and the Committee may not interfere with the 17
clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph. 18
(2) (i) Except in a case of a finding of homicide, a person in interest as 19
defined in [§ 4–101(e)] § 4–101 of the General Provisions Article may request the medical 20
examiner to correct findings and conclusions on the cause and manner of death recorded on 21
a certificate of death under § 4–502 of the General Provisions Article within 180 days after 22
the medical examiner files those findings and conclusions. 23
(ii) 1. If the Chief Medical Examiner denies the request of a 24
person in interest to correct findings and conclusions on the cause and manner of death, 25
the person in interest may appeal the denial to the Secretary, who shall refer the matter to 26
the Office of Administrative Hearings. 27
2. A contested case hearing under this subparagraph shall be 28
a hearing both on the denial and on the establishment of the findings and conclusions on 29
the cause and manner of death. 30
(iii) The administrative law judge shall submit findings of fact to the 31
Secretary. 32
(iv) After reviewing the findings of the administrative law judge, the 33
Secretary, or the Secretary’s designee, shall issue an order to: 34 4 HOUSE BILL 969
1. Adopt the findings of the administrative law judge; or 1
2. Reject the findings of the administrative law judge, and 2
affirm the findings of the medical examiner. 3
(v) The appellant may appeal a rejection under subparagraph (iv)2 4
of this paragraph to a circuit court of competent jurisdiction. 5
(vi) If the final decision of the Secretary, or of the Secretary’s 6
designee, or of a court of competent jurisdiction on appeal, establishes a different finding 7
or conclusion on the cause or manner of death of a deceased than that recorded on the 8
certificate of death, the medical examiner shall [amend]: 9
1. AMEND the certificate to reflect the different finding or 10
conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions 11
Article; AND 12
2. IF THE CAUSE OR MANNER OF D EATH WAS AMENDED 13
OR CORRECTED TO BE U NDETERMINED OR HOMIC IDE: 14
A. PROVIDE NOTICE TO THE STATE’S ATTORNEY AND 15
THE LOCAL LAW ENFORCEMEN T AGENCY IN THE JURI SDICTION WHERE THE B ODY 16
WAS FOUND OF THE DIF FERENT FINDING OR CO NCLUSION ON THE CAUS E OR 17
MANNER OF DEATH OF THE DECEASED THAN THAT PREVIOUSLY RECORDED ON THE 18
DEATH CERTIFICATE ; AND 19
B. REQUEST THAT THE SECRETARY SEND THE PERSON 20
IN INTEREST A CERTIF IED DEATH CERTIFICAT E WITH THE CAUSE OR MANNER OF 21
DEATH AMENDED IN ACCORDANC E WITH ITEM 1 OF THIS SUBPARAGRAPH AT NO 22
COST TO THE PERSON I N INTEREST. 23
(vii) The final decision of the Secretary, or the Secretary’s designee, 24
or of a court under this paragraph may not give rise to any presumption concerning the 25
application of any provision of or the resolution of any claim concerning a policy of insurance 26
relating to the deceased. 27
(viii) If the findings of the medical examiner are upheld by the 28
Secretary, the appellant is responsible for the costs of the contested case hearing. 29
Otherwise, the Department is responsible for the costs of the hearing. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2024. 32