EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0969*
HOUSE BILL 969
J1, E2 4lr3231
By: Delegate Bartlett Delegates Bartlett, Pena–Melnyk, Cullison, Alston, Bagnall,
Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga,
Taveras, White Holland, and Woods
Introduced and read first time: February 2, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2024
CHAPTER ______
AN ACT concerning 1
Death Certificates – Cause or Manner of Death Determinations – Requirements 2
After Change or Correction 3
(Katherine Morris Death Reclassification Act) 4
FOR the purpose of requiring, if a victim’s initial determination of death recorded on the 5
victim’s death certificate was amended or corrected to be undetermined or homicide, 6
an assistant State’s Attorney with knowledge of the case to meet with a person in 7
interest on the request of the person in interest for a certain purpose; requiring the 8
medical examiner to provide notice to the State’s Attorney and the local law 9
enforcement agency in a certain jurisdiction and request that the Secretary of Health 10
send an amended certified death certificate to a certain person in interest if the 11
medical examiner was required to change or correct the cause or manner of death 12
recorded on the death certificate of a certain deceased individual in accordance with 13
a certain provision of law; requiring a law enforcement agency to reopen or 14
reinvestigate an investigation involving the death of a victim whose cause or manner 15
of death was amended or corrected to be undetermined or homicide; prohibiting a 16
law enforcement agency from closing a case that was reopened or reinvestigated for 17
at least a certain period of time; and generally relating to requirements that apply 18
when a change or correction is made to the cause or manner of death recorded on a 19
death certificate. 20
BY adding to 21 2 HOUSE BILL 969
Article – Criminal Procedure 1
Section 11–1010 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – General Provisions 6
Section 4–101(a) and (g) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2023 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 5–309(d) 12
Annotated Code of Maryland 13
(2023 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 3–201(a) and (d) 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
BY adding to 20
Article – Public Safety 21
Section 3–531 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Criminal Procedure 27
11–1010. 28
(A) IN THIS SECTION, “PERSON IN INTEREST ” HAS THE MEANING STAT ED IN 29
§ 4–101 OF THE GENERAL PROVISIONS ARTICLE. 30
(B) THIS SECTION APPLIES ONLY WITH RESPECT TO A VICTIM WHOSE 31
INITIAL DETERMINATIO N OF CAUSE OR MANNER OF DEATH RECORDED ON THE 32
VICTIM’S DEATH CERTIFICATE UNDER § 4–212 OF THE HEALTH – GENERAL ARTICLE 33
WAS AMENDED OR CORRE CTED TO BE UNDETERMI NED OR HOMICIDE UNDE R § 34
5–309(D)(2) OF THE HEALTH – GENERAL ARTICLE. 35
HOUSE BILL 969 3
(C) FOR AN INVESTIGATION OR A CASE INVOLVING A VICTIM DESCRIBED 1
UNDER SUBSECTION (B) OF THIS SECTION, AN ASSISTANT STATE’S ATTORNEY WITH 2
KNOWLEDGE OF THE CAS E SHALL MEET WITH A PERSON IN INTEREST W ITHIN 20 3
DAYS AFTER RECEIVING A REQUEST FROM THE P ERSON IN INTEREST TO MEET 4
REGARDING THE PERSON IN INTEREST’S REQUEST THAT THE OFFICE OF THE 5
STATE’S ATTORNEY PURSUE AN IN VESTIGATION INTO THE CIRCUMSTANCES OF THE 6
VICTIM’S DEATH. 7
(D) AT THE MEETING REQUIR ED UNDER THIS SECTION , THE ASSISTANT 8
STATE’S ATTORNEY SHALL EXPLAI N THE JUSTIFICATION FOR NOT PURSUING AN 9
INVESTIGATION INTO T HE VICTIM’S DEATH DESPITE THE AMENDMENT OR 10
CORRECTION TO THE CA USE OR MANNER OF DEA TH ON THE DEATH CERT IFICATE OF 11
THE VICTIM. 12
(E) THE MEETING REQUIRED UNDE R THIS SECTION MAY B E CONDUCTED IN 13
PERSON, BY TELEPHONE , OR BY OTHER MEANS MU TUALLY AGREED ON . 14
Article – General Provisions 15
4–101. 16
(a) In this title the following words have the meanings indicated. 17
(g) “Person in interest” means: 18
(1) a person or governmental unit that is the subject of a public record or a 19
designee of the person or governmental unit; 20
(2) if the person has a legal disability, the parent or legal representative of 21
the person; or 22
(3) as to requests for correction of certificates of death under § 5–310(d)(2) 23
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 24
or guardian of the person of the deceased at the time of the deceased’s death. 25
Article – Health – General 26
5–309. 27
(d) (1) (i) The individual who performs the autopsy shall prepare detailed 28
written findings during the progress of the autopsy. 29
(ii) The findings prepared under subparagraph (i) of this paragraph 30
and the conclusions drawn from them shall be filed in the office of the medical examiner for 31
the county where the death occurred. 32
4 HOUSE BILL 969
(iii) The original copy of the findings and conclusions shall be filed in 1
the Office. 2
(iv) The Department and the Committee may not interfere with the 3
clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph. 4
(2) (i) Except in a case of a finding of homicide, a person in interest as 5
defined in [§ 4–101(e)] § 4–101 of the General Provisions Article may request the medical 6
examiner to correct findings and conclusions on the cause and manner of death recorded on 7
a certificate of death under § 4–502 of the General Provisions Article within 180 days after 8
the medical examiner files those findings and conclusions. 9
(ii) 1. If the Chief Medical Examiner denies the request of a 10
person in interest to correct findings and conclusions on the cause and manner of death, 11
the person in interest may appeal the denial to the Secretary, who shall refer the matter to 12
the Office of Administrative Hearings. 13
2. A contested case hearing under this subparagraph shall be 14
a hearing both on the denial and on the establishment of the findings and conclusions on 15
the cause and manner of death. 16
(iii) The administrative law judge shall submit findings of fact to the 17
Secretary. 18
(iv) After reviewing the findings of the administrative law judge, the 19
Secretary, or the Secretary’s designee, shall issue an order to: 20
1. Adopt the findings of the administrative law judge; or 21
2. Reject the findings of the administrative law judge, and 22
affirm the findings of the medical examiner. 23
(v) The appellant may appeal a rejection under subparagraph (iv)2 24
of this paragraph to a circuit court of competent jurisdiction. 25
(vi) If the final decision of the Secretary, or of the Secretary’s 26
designee, or of a court of competent jurisdiction on appeal, establishes a different finding 27
or conclusion on the cause or manner of death of a deceased than that recorded on the 28
certificate of death, the medical examiner shall [amend]: 29
1. AMEND the certificate to reflect the different finding or 30
conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions 31
Article; AND 32
2. IF THE CAUSE OR MANNE R OF DEATH WAS AMENDED 33
OR CORRECTED TO BE U NDETERMINED OR HOMIC IDE: 34 HOUSE BILL 969 5
A. PROVIDE NOTICE TO THE STATE’S ATTORNEY AND 1
THE LOCAL LAW ENFORC EMENT AGENCY IN THE JURISDICTION WHERE T HE BODY 2
WAS FOUND OF THE DIF FERENT FINDING OR CO NCLUSION ON THE CAUS E OR 3
MANNER OF DEATH OF THE DECEASED THAN TH AT PREVIOUSLY RECORD ED ON THE 4
DEATH CERTIFICATE ; AND 5
B. REQUEST THAT THE SECRETARY SEND THE PE RSON 6
IN INTEREST A CERTIF IED DEATH CERTIFICAT E WITH THE CAUSE OR MANNER OF 7
DEATH AMENDED IN ACC ORDANCE WITH ITEM 1 OF THIS SUBPARAGRAPH AT NO 8
COST TO THE PERSON I N INTEREST. 9
(vii) The final decision of the Secretary, or the Secretary’s designee, 10
or of a court under this paragraph may not give rise to any presumption concerning the 11
application of any provision of or the resolution of any claim concerning a policy of insurance 12
relating to the deceased. 13
(viii) If the findings of the medical examiner are upheld by the 14
Secretary, the appellant is responsible for the costs of the contested case hearing. 15
Otherwise, the Department is responsible for the costs of the hearing. 16
Article – Public Safety 17
3–201. 18
(a) In this subtitle the following words have the meanings indicated. 19
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 20
office, or security force or law enforcement organization of the State, a county, or a 21
municipal corporation that by statute, ordinance, or common law is authorized to enforce 22
the general criminal laws of the State. 23
(2) “Law enforcement agency” does not include members of the Maryland 24
National Guard who: 25
(i) are under the control and jurisdiction of the Military 26
Department; 27
(ii) are assigned to the military property designated as the Martin 28
State Airport; and 29
(iii) are charged with exercising police powers in and for the Martin 30
State Airport. 31
3–531. 32
6 HOUSE BILL 969
(A) IN THIS SECTION , “LAW ENFORCEMENT AGEN CY” HAS THE MEANING 1
STATED IN § 3–201 OF THIS TITLE. 2
(B) IF A LAW ENFORCEMENT AGENCY IS NOTIFIED B Y A MEDICAL EXAMINER 3
UNDER § 5–309(D) OF THE HEALTH – GENERAL ARTICLE, THE LAW ENFORCEMENT 4
AGENCY: 5
(1) SHALL REOPEN OR REIN VESTIGATE AN INVESTI GATION 6
INVOLVING THE DEATH OF A VICTIM WHOSE CA USE OR MANNER OF DEA TH WAS 7
AMENDED OR CORRECTED TO BE UNDETERMINE D OR HOMICIDE; AND 8
(2) MAY NOT CLOSE A CASE THAT WAS REOPENED OR 9
REINVESTIGATED UNDER ITEM (1) OF THIS SUBSECTION U NTIL AT LEAST 20 YEARS 10
AFTER THE LAW ENFORC EMENT AGENCY WAS NOT IFIED. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take ef fect 12
October 1, 2024. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.