WES MOORE, Governor Ch. 829
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Chapter 829
(House Bill 969)
AN ACT concerning
Death Certificates – Cause or Manner of Death Determinations – Requirements
After Change or Correction
(Katherine Morris Death Reclassification Act)
FOR the purpose of requiring, if a victim’s initial determination of death recorded on the
victim’s death certificate was amended or corrected to be undetermined or homicide,
an assistant State’s Attorney with knowledge of the case to meet with a person in
interest on the request of the person in interest for a certain purpose; requiring the
medical examiner to provide notice to the State’s Attorney and the local law
enforcement agency in a certain jurisdiction and request that the Secretary of Health
send an amended certified death certificate to a certain person in interest if the
medical examiner was required to change or correct the cause or manner of death
recorded on the death certificate of a certain deceased individual in accordance with
a certain provision of law; requiring a law enforcement agency to reopen or
reinvestigate an investigation involving the death of a victim whose cause or manner
of death was amended or corrected to be undetermined or homicide; prohibiting a
law enforcement agency from closing a case that was reopened or reinvestigated for
at least a certain period of time; and generally relating to requirements that apply
when a change or correction is made to the cause or manner of death recorded on a
death certificate.
BY adding to
Article – Criminal Procedure
Section 11–1010
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – General Provisions
Section 4–101(a) and (g)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 5–309(d)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Public Safety Ch. 829 2024 LAWS OF MARYLAND
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Section 3–201(a) and (d)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 3–531
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
11–1010.
(A) IN THIS SECTION, “PERSON IN INTEREST ” HAS THE MEANING STATED IN
§ 4–101 OF THE GENERAL PROVISIONS ARTICLE.
(B) THIS SECTION APPLIES ONLY WITH RESPECT TO A VICTIM WHOSE
INITIAL DETERMINATIO N OF CAUSE OR MANNER OF DEATH RECORDED ON THE
VICTIM’S DEATH CERTIFICATE UNDER § 4–212 OF THE HEALTH – GENERAL ARTICLE
WAS AMENDED OR CORREC TED TO BE UNDETERMIN ED OR HOMICIDE UNDER §
5–309(D)(2) OF THE HEALTH – GENERAL ARTICLE.
(C) FOR AN INVESTIGATION OR A CASE INVOLVING A VICTIM DESCRIBED
UNDER SUBSECTION (B) OF THIS SECTION, AN ASSISTANT STATE’S ATTORNEY WITH
KNOWLEDG E OF THE CASE SHALL MEET WITH A PERSON I N INTEREST WITHIN 20
DAYS AFTER RECEIVING A REQUEST FROM THE P ERSON IN INTEREST TO MEET
REGARDING THE PERSON IN INTEREST’S REQUEST THAT THE OFFICE OF THE
STATE’S ATTORNEY PURSUE AN IN VESTIGATION INTO THE CIRCUMSTANCE S OF THE
VICTIM’S DEATH.
(D) AT THE MEETING REQUIR ED UNDER THIS SECTIO N, THE ASSISTANT
STATE’S ATTORNEY SHALL EXPLAI N THE JUSTIFICATION FOR NOT PURSUING AN
INVESTIGATION INTO T HE VICTIM’S DEATH DESPITE THE AMENDMENT OR
CORRECTION TO THE CA USE OR MANNER O F DEATH ON THE DEATH CERTIFICATE OF
THE VICTIM.
(E) THE MEETING REQUIRED UNDER THIS SECTION M AY BE CONDUCTED IN
PERSON, BY TELEPHONE , OR BY OTHER MEANS MU TUALLY AGREED ON .
Article – General Provisions WES MOORE, Governor Ch. 829
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4–101.
(a) In this title the following words have the meanings indicated.
(g) “Person in interest” means:
(1) a person or governmental unit that is the subject of a public record or a
designee of the person or governmental unit;
(2) if the person has a legal disability, the parent or legal representative of
the person; or
(3) as to requests for correction of certificates of death under § 5–310(d)(2)
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent,
or guardian of the person of the deceased at the time of the deceased’s death.
Article – Health – General
5–309.
(d) (1) (i) The individual who performs the autopsy shall prepare detailed
written findings during the progress of the autopsy.
(ii) The findings prepared under subparagraph (i) of this paragraph
and the conclusions drawn from them shall be filed in the office of the medical examiner for
the county where the death occurred.
(iii) The original copy of the findings and conclusions shall be filed in
the Office.
(iv) The Department and the Committee may not interfere with the
clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph.
(2) (i) Except in a case of a finding of homicide, a person in interest as
defined in [§ 4–101(e)] § 4–101 of the General Provisions Article may request the medical
examiner to correct findings and conclusions on the cause and manner of death recorded on
a certificate of death under § 4–502 of the General Provisions Article within 180 days after
the medical examiner files those findings and conclusions.
(ii) 1. If the Chief Medical Examiner denies the request of a
person in interest to correct findings and conclusions on the cause and manner of death,
the person in interest may appeal the denial to the Secretary, who shall refer the matter to
the Office of Administrative Hearings.
Ch. 829 2024 LAWS OF MARYLAND
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2. A contested case hearing under this subparagraph shall be
a hearing both on the denial and on the establishment of the findings and conclusions on
the cause and manner of death.
(iii) The administrative law judge shall submit findings of fact to the
Secretary.
(iv) After reviewing the findings of the administrative law judge, the
Secretary, or the Secretary’s designee, shall issue an order to:
1. Adopt the findings of the administrative law judge; or
2. Reject the findings of the administrative law judge, and
affirm the findings of the medical examiner.
(v) The appellant may appeal a rejection under subparagraph (iv)2
of this paragraph to a circuit court of competent jurisdiction.
(vi) If the final decision of the Secretary, or of the Secretary’s
designee, or of a court of competent jurisdiction on appeal, establishes a different finding
or conclusion on the cause or manner of death of a deceased than that recorded on the
certificate of death, the medical examiner shall [amend]:
1. AMEND the certificate to reflect the different finding or
conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions
Article; AND
2. IF THE CAUSE OR MANNER OF DEATH WAS AMENDED
OR CORRECTED TO BE U NDETERMINED OR HOMIC IDE:
A. PROVIDE NOTICE TO THE STATE’S ATTORNEY AND
THE LOCAL LAW ENFORC EMENT AGENCY IN THE JURISDICTION WHERE T HE BODY
WAS FOUND OF THE DIF FERENT FINDING OR CO NCLUSION ON T HE CAUSE OR
MANNER OF DEATH OF T HE DECEASED THAN THA T PREVIOUSLY RECORDE D ON THE
DEATH CERTIFICATE ; AND
B. REQUEST THAT THE SECRETARY SEND THE PE RSON
IN INTEREST A CERTIF IED DEATH CERTIFICAT E WITH THE CAUSE OR MANNER OF
DEATH AMENDED IN ACC ORDANCE WIT H ITEM 1 OF THIS SUBPARAGRAPH AT NO
COST TO THE PERSON I N INTEREST.
(vii) The final decision of the Secretary, or the Secretary’s designee,
or of a court under this paragraph may not give rise to any presumption concerning the
application of any provision of or the resolution of any claim concerning a policy of insurance
relating to the deceased. WES MOORE, Governor Ch. 829
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(viii) If the findings of the medical examiner are upheld by the
Secretary, the appellant is responsible for the costs of the contested case hearing.
Otherwise, the Department is responsible for the costs of the hearing.
Article – Public Safety
3–201.
(a) In this subtitle the following words have the meanings indicated.
(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s
office, or security force or law enforcement organization of the State, a county, or a
municipal corporation that by statute, ordinance, or common law is authorized to enforce
the general criminal laws of the State.
(2) “Law enforcement agency” does not include members of the Maryland
National Guard who:
(i) are under the control and jurisdiction of the Military
Department;
(ii) are assigned to the military property designated as the Martin
State Airport; and
(iii) are charged with exercising police powers in and for the Martin
State Airport.
3–531.
(A) IN THIS SECTION , “LAW ENFORCEMENT AGEN CY” HAS THE MEANING
STATED IN § 3–201 OF THIS TITLE.
(B) IF A LAW ENFORCEMENT AGENCY IS NOTIFIED B Y A MEDICAL EXAMINER
UNDER § 5–309(D) OF THE HEALTH – GENERAL ARTICLE, THE LAW ENFORCEMENT
AGENCY:
(1) SHALL REOPEN OR REIN VESTIGATE AN INVESTI GATION
INVOLVING THE DEATH OF A VICTIM WHOSE CA USE OR MANNER OF DEA TH WAS
AMENDED OR CORRECTED TO BE UNDETERMINED O R HOMICIDE; AND
(2) MAY NOT CLOSE A CASE THAT WAS REOPENED OR
REINVESTIGATED UNDER ITEM (1) OF THIS SUBSECTION U NTIL AT LEAST 20 YEARS
AFTER THE LAW ENFORC EMENT AGENCY WAS NOT IFIED.
Ch. 829 2024 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.