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Maryland House Bill HB969

Maryland 2024 Regular Session

Maryland House Bill HB969 Compare Versions

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1- WES MOORE, Governor Ch. 829
21
3-– 1 –
4-Chapter 829
5-(House Bill 969)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0969*
89
9-Death Certificates – Cause or Manner of Death Determinations – Requirements
10-After Change or Correction
11-(Katherine Morris Death Reclassification Act)
10+HOUSE BILL 969
11+J1, E2 4lr3231
1212
13-FOR the purpose of requiring, if a victim’s initial determination of death recorded on the
14-victim’s death certificate was amended or corrected to be undetermined or homicide,
15-an assistant State’s Attorney with knowledge of the case to meet with a person in
16-interest on the request of the person in interest for a certain purpose; requiring the
17-medical examiner to provide notice to the State’s Attorney and the local law
18-enforcement agency in a certain jurisdiction and request that the Secretary of Health
19-send an amended certified death certificate to a certain person in interest if the
20-medical examiner was required to change or correct the cause or manner of death
21-recorded on the death certificate of a certain deceased individual in accordance with
22-a certain provision of law; requiring a law enforcement agency to reopen or
23-reinvestigate an investigation involving the death of a victim whose cause or manner
24-of death was amended or corrected to be undetermined or homicide; prohibiting a
25-law enforcement agency from closing a case that was reopened or reinvestigated for
26-at least a certain period of time; and generally relating to requirements that apply
27-when a change or correction is made to the cause or manner of death recorded on a
28-death certificate.
13+By: Delegate Bartlett Delegates Bartlett, Pena–Melnyk, Cullison, Alston, Bagnall,
14+Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
15+Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga,
16+Taveras, White Holland, and Woods
17+Introduced and read first time: February 2, 2024
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: March 3, 2024
2922
30-BY adding to
31- Article – Criminal Procedure
32-Section 11–1010
33- Annotated Code of Maryland
34- (2018 Replacement Volume and 2023 Supplement)
23+CHAPTER ______
3524
36-BY repealing and reenacting, without amendments,
37- Article – General Provisions
38-Section 4–101(a) and (g)
39- Annotated Code of Maryland
40- (2019 Replacement Volume and 2023 Supplement)
25+AN ACT concerning 1
4126
42-BY repealing and reenacting, with amendments,
43- Article – Health – General
44-Section 5–309(d)
45- Annotated Code of Maryland
46- (2023 Replacement Volume)
27+Death Certificates – Cause or Manner of Death Determinations – Requirements 2
28+After Change or Correction 3
29+(Katherine Morris Death Reclassification Act) 4
4730
48-BY repealing and reenacting, without amendments,
49- Article – Public Safety Ch. 829 2024 LAWS OF MARYLAND
31+FOR the purpose of requiring, if a victim’s initial determination of death recorded on the 5
32+victim’s death certificate was amended or corrected to be undetermined or homicide, 6
33+an assistant State’s Attorney with knowledge of the case to meet with a person in 7
34+interest on the request of the person in interest for a certain purpose; requiring the 8
35+medical examiner to provide notice to the State’s Attorney and the local law 9
36+enforcement agency in a certain jurisdiction and request that the Secretary of Health 10
37+send an amended certified death certificate to a certain person in interest if the 11
38+medical examiner was required to change or correct the cause or manner of death 12
39+recorded on the death certificate of a certain deceased individual in accordance with 13
40+a certain provision of law; requiring a law enforcement agency to reopen or 14
41+reinvestigate an investigation involving the death of a victim whose cause or manner 15
42+of death was amended or corrected to be undetermined or homicide; prohibiting a 16
43+law enforcement agency from closing a case that was reopened or reinvestigated for 17
44+at least a certain period of time; and generally relating to requirements that apply 18
45+when a change or correction is made to the cause or manner of death recorded on a 19
46+death certificate. 20
5047
51-– 2 –
52-Section 3–201(a) and (d)
53- Annotated Code of Maryland
54- (2022 Replacement Volume and 2023 Supplement)
48+BY adding to 21 2 HOUSE BILL 969
5549
56-BY adding to
57- Article – Public Safety
58-Section 3–531
59- Annotated Code of Maryland
60- (2022 Replacement Volume and 2023 Supplement)
6150
62- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
63-That the Laws of Maryland read as follows:
51+ Article – Criminal Procedure 1
52+Section 11–1010 2
53+ Annotated Code of Maryland 3
54+ (2018 Replacement Volume and 2023 Supplement) 4
6455
65-Article – Criminal Procedure
56+BY repealing and reenacting, without amendments, 5
57+ Article – General Provisions 6
58+Section 4–101(a) and (g) 7
59+ Annotated Code of Maryland 8
60+ (2019 Replacement Volume and 2023 Supplement) 9
6661
67-11–1010.
62+BY repealing and reenacting, with amendments, 10
63+ Article – Health – General 11
64+Section 5–309(d) 12
65+ Annotated Code of Maryland 13
66+ (2023 Replacement Volume) 14
6867
69- (A) IN THIS SECTION, “PERSON IN INTEREST ” HAS THE MEANING STATED IN
70-§ 4–101 OF THE GENERAL PROVISIONS ARTICLE.
68+BY repealing and reenacting, without amendments, 15
69+ Article – Public Safety 16
70+Section 3–201(a) and (d) 17
71+ Annotated Code of Maryland 18
72+ (2022 Replacement Volume and 2023 Supplement) 19
7173
72- (B) THIS SECTION APPLIES ONLY WITH RESPECT TO A VICTIM WHOSE
73-INITIAL DETERMINATIO N OF CAUSE OR MANNER OF DEATH RECORDED ON THE
74-VICTIM’S DEATH CERTIFICATE UNDER § 4–212 OF THE HEALTH – GENERAL ARTICLE
75-WAS AMENDED OR CORREC TED TO BE UNDETERMIN ED OR HOMICIDE UNDER §
76-5–309(D)(2) OF THE HEALTH – GENERAL ARTICLE.
74+BY adding to 20
75+ Article – Public Safety 21
76+Section 3–531 22
77+ Annotated Code of Maryland 23
78+ (2022 Replacement Volume and 2023 Supplement) 24
7779
78- (C) FOR AN INVESTIGATION OR A CASE INVOLVING A VICTIM DESCRIBED
79-UNDER SUBSECTION (B) OF THIS SECTION, AN ASSISTANT STATE’S ATTORNEY WITH
80-KNOWLEDG E OF THE CASE SHALL MEET WITH A PERSON I N INTEREST WITHIN 20
81-DAYS AFTER RECEIVING A REQUEST FROM THE P ERSON IN INTEREST TO MEET
82-REGARDING THE PERSON IN INTEREST’S REQUEST THAT THE OFFICE OF THE
83-STATE’S ATTORNEY PURSUE AN IN VESTIGATION INTO THE CIRCUMSTANCE S OF THE
84-VICTIM’S DEATH.
80+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
81+That the Laws of Maryland read as follows: 26
8582
86- (D) AT THE MEETING REQUIR ED UNDER THIS SECTIO N, THE ASSISTANT
87-STATE’S ATTORNEY SHALL EXPLAI N THE JUSTIFICATION FOR NOT PURSUING AN
88-INVESTIGATION INTO T HE VICTIM’S DEATH DESPITE THE AMENDMENT OR
89-CORRECTION TO THE CA USE OR MANNER O F DEATH ON THE DEATH CERTIFICATE OF
90-THE VICTIM.
83+Article – Criminal Procedure 27
9184
92- (E) THE MEETING REQUIRED UNDER THIS SECTION M AY BE CONDUCTED IN
93-PERSON, BY TELEPHONE , OR BY OTHER MEANS MU TUALLY AGREED ON .
85+11–1010. 28
9486
95-Article – General Provisions WES MOORE, Governor Ch. 829
87+ (A) IN THIS SECTION, “PERSON IN INTEREST ” HAS THE MEANING STAT ED IN 29
88+§ 4–101 OF THE GENERAL PROVISIONS ARTICLE. 30
9689
97-– 3 –
90+ (B) THIS SECTION APPLIES ONLY WITH RESPECT TO A VICTIM WHOSE 31
91+INITIAL DETERMINATIO N OF CAUSE OR MANNER OF DEATH RECORDED ON THE 32
92+VICTIM’S DEATH CERTIFICATE UNDER § 4–212 OF THE HEALTH – GENERAL ARTICLE 33
93+WAS AMENDED OR CORRE CTED TO BE UNDETERMI NED OR HOMICIDE UNDE R § 34
94+5–309(D)(2) OF THE HEALTH – GENERAL ARTICLE. 35
95+ HOUSE BILL 969 3
9896
99-4–101.
10097
101- (a) In this title the following words have the meanings indicated.
98+ (C) FOR AN INVESTIGATION OR A CASE INVOLVING A VICTIM DESCRIBED 1
99+UNDER SUBSECTION (B) OF THIS SECTION, AN ASSISTANT STATE’S ATTORNEY WITH 2
100+KNOWLEDGE OF THE CAS E SHALL MEET WITH A PERSON IN INTEREST W ITHIN 20 3
101+DAYS AFTER RECEIVING A REQUEST FROM THE P ERSON IN INTEREST TO MEET 4
102+REGARDING THE PERSON IN INTEREST’S REQUEST THAT THE OFFICE OF THE 5
103+STATE’S ATTORNEY PURSUE AN IN VESTIGATION INTO THE CIRCUMSTANCES OF THE 6
104+VICTIM’S DEATH. 7
102105
103- (g) “Person in interest” means:
106+ (D) AT THE MEETING REQUIR ED UNDER THIS SECTION , THE ASSISTANT 8
107+STATE’S ATTORNEY SHALL EXPLAI N THE JUSTIFICATION FOR NOT PURSUING AN 9
108+INVESTIGATION INTO T HE VICTIM’S DEATH DESPITE THE AMENDMENT OR 10
109+CORRECTION TO THE CA USE OR MANNER OF DEA TH ON THE DEATH CERT IFICATE OF 11
110+THE VICTIM. 12
104111
105- (1) a person or governmental unit that is the subject of a public record or a
106-designee of the person or governmental unit;
112+ (E) THE MEETING REQUIRED UNDE R THIS SECTION MAY B E CONDUCTED IN 13
113+PERSON, BY TELEPHONE , OR BY OTHER MEANS MU TUALLY AGREED ON . 14
107114
108- (2) if the person has a legal disability, the parent or legal representative of
109-the person; or
115+Article – General Provisions 15
110116
111- (3) as to requests for correction of certificates of death under § 5–310(d)(2)
112-of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent,
113-or guardian of the person of the deceased at the time of the deceased’s death.
117+4–101. 16
114118
115-Article – Health – General
119+ (a) In this title the following words have the meanings indicated. 17
116120
117-5–309.
121+ (g) “Person in interest” means: 18
118122
119- (d) (1) (i) The individual who performs the autopsy shall prepare detailed
120-written findings during the progress of the autopsy.
123+ (1) a person or governmental unit that is the subject of a public record or a 19
124+designee of the person or governmental unit; 20
121125
122- (ii) The findings prepared under subparagraph (i) of this paragraph
123-and the conclusions drawn from them shall be filed in the office of the medical examiner for
124-the county where the death occurred.
126+ (2) if the person has a legal disability, the parent or legal representative of 21
127+the person; or 22
125128
126- (iii) The original copy of the findings and conclusions shall be filed in
127-the Office.
129+ (3) as to requests for correction of certificates of death under § 5–310(d)(2) 23
130+of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 24
131+or guardian of the person of the deceased at the time of the deceased’s death. 25
128132
129- (iv) The Department and the Committee may not interfere with the
130-clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph.
133+Article – Health – General 26
131134
132- (2) (i) Except in a case of a finding of homicide, a person in interest as
133-defined in [§ 4–101(e)] § 4–101 of the General Provisions Article may request the medical
134-examiner to correct findings and conclusions on the cause and manner of death recorded on
135-a certificate of death under § 4–502 of the General Provisions Article within 180 days after
136-the medical examiner files those findings and conclusions.
135+5–309. 27
137136
138- (ii) 1. If the Chief Medical Examiner denies the request of a
139-person in interest to correct findings and conclusions on the cause and manner of death,
140-the person in interest may appeal the denial to the Secretary, who shall refer the matter to
141-the Office of Administrative Hearings.
142- Ch. 829 2024 LAWS OF MARYLAND
137+ (d) (1) (i) The individual who performs the autopsy shall prepare detailed 28
138+written findings during the progress of the autopsy. 29
143139
144-– 4 –
145- 2. A contested case hearing under this subparagraph shall be
146-a hearing both on the denial and on the establishment of the findings and conclusions on
147-the cause and manner of death.
140+ (ii) The findings prepared under subparagraph (i) of this paragraph 30
141+and the conclusions drawn from them shall be filed in the office of the medical examiner for 31
142+the county where the death occurred. 32
143+ 4 HOUSE BILL 969
148144
149- (iii) The administrative law judge shall submit findings of fact to the
150-Secretary.
151145
152- (iv) After reviewing the findings of the administrative law judge, the
153-Secretary, or the Secretary’s designee, shall issue an order to:
146+ (iii) The original copy of the findings and conclusions shall be filed in 1
147+the Office. 2
154148
155- 1. Adopt the findings of the administrative law judge; or
149+ (iv) The Department and the Committee may not interfere with the 3
150+clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph. 4
156151
157- 2. Reject the findings of the administrative law judge, and
158-affirm the findings of the medical examiner.
152+ (2) (i) Except in a case of a finding of homicide, a person in interest as 5
153+defined in [§ 4–101(e)] § 4–101 of the General Provisions Article may request the medical 6
154+examiner to correct findings and conclusions on the cause and manner of death recorded on 7
155+a certificate of death under § 4–502 of the General Provisions Article within 180 days after 8
156+the medical examiner files those findings and conclusions. 9
159157
160- (v) The appellant may appeal a rejection under subparagraph (iv)2
161-of this paragraph to a circuit court of competent jurisdiction.
158+ (ii) 1. If the Chief Medical Examiner denies the request of a 10
159+person in interest to correct findings and conclusions on the cause and manner of death, 11
160+the person in interest may appeal the denial to the Secretary, who shall refer the matter to 12
161+the Office of Administrative Hearings. 13
162162
163- (vi) If the final decision of the Secretary, or of the Secretary’s
164-designee, or of a court of competent jurisdiction on appeal, establishes a different finding
165-or conclusion on the cause or manner of death of a deceased than that recorded on the
166-certificate of death, the medical examiner shall [amend]:
163+ 2. A contested case hearing under this subparagraph shall be 14
164+a hearing both on the denial and on the establishment of the findings and conclusions on 15
165+the cause and manner of death. 16
167166
168- 1. AMEND the certificate to reflect the different finding or
169-conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions
170-Article; AND
167+ (iii) The administrative law judge shall submit findings of fact to the 17
168+Secretary. 18
171169
172- 2. IF THE CAUSE OR MANNER OF DEATH WAS AMENDED
173-OR CORRECTED TO BE U NDETERMINED OR HOMIC IDE:
170+ (iv) After reviewing the findings of the administrative law judge, the 19
171+Secretary, or the Secretary’s designee, shall issue an order to: 20
174172
175- A. PROVIDE NOTICE TO THE STATE’S ATTORNEY AND
176-THE LOCAL LAW ENFORC EMENT AGENCY IN THE JURISDICTION WHERE T HE BODY
177-WAS FOUND OF THE DIF FERENT FINDING OR CO NCLUSION ON T HE CAUSE OR
178-MANNER OF DEATH OF T HE DECEASED THAN THA T PREVIOUSLY RECORDE D ON THE
179-DEATH CERTIFICATE ; AND
173+ 1. Adopt the findings of the administrative law judge; or 21
180174
181- B. REQUEST THAT THE SECRETARY SEND THE PE RSON
182-IN INTEREST A CERTIF IED DEATH CERTIFICAT E WITH THE CAUSE OR MANNER OF
183-DEATH AMENDED IN ACC ORDANCE WIT H ITEM 1 OF THIS SUBPARAGRAPH AT NO
184-COST TO THE PERSON I N INTEREST.
175+ 2. Reject the findings of the administrative law judge, and 22
176+affirm the findings of the medical examiner. 23
185177
186- (vii) The final decision of the Secretary, or the Secretary’s designee,
187-or of a court under this paragraph may not give rise to any presumption concerning the
188-application of any provision of or the resolution of any claim concerning a policy of insurance
189-relating to the deceased. WES MOORE, Governor Ch. 829
178+ (v) The appellant may appeal a rejection under subparagraph (iv)2 24
179+of this paragraph to a circuit court of competent jurisdiction. 25
190180
191-– 5 –
181+ (vi) If the final decision of the Secretary, or of the Secretary’s 26
182+designee, or of a court of competent jurisdiction on appeal, establishes a different finding 27
183+or conclusion on the cause or manner of death of a deceased than that recorded on the 28
184+certificate of death, the medical examiner shall [amend]: 29
192185
193- (viii) If the findings of the medical examiner are upheld by the
194-Secretary, the appellant is responsible for the costs of the contested case hearing.
195-Otherwise, the Department is responsible for the costs of the hearing.
186+ 1. AMEND the certificate to reflect the different finding or 30
187+conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions 31
188+Article; AND 32
196189
197-Article – Public Safety
190+ 2. IF THE CAUSE OR MANNE R OF DEATH WAS AMENDED 33
191+OR CORRECTED TO BE U NDETERMINED OR HOMIC IDE: 34 HOUSE BILL 969 5
198192
199-3–201.
200193
201- (a) In this subtitle the following words have the meanings indicated.
202194
203- (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s
204-office, or security force or law enforcement organization of the State, a county, or a
205-municipal corporation that by statute, ordinance, or common law is authorized to enforce
206-the general criminal laws of the State.
195+ A. PROVIDE NOTICE TO THE STATE’S ATTORNEY AND 1
196+THE LOCAL LAW ENFORC EMENT AGENCY IN THE JURISDICTION WHERE T HE BODY 2
197+WAS FOUND OF THE DIF FERENT FINDING OR CO NCLUSION ON THE CAUS E OR 3
198+MANNER OF DEATH OF THE DECEASED THAN TH AT PREVIOUSLY RECORD ED ON THE 4
199+DEATH CERTIFICATE ; AND 5
207200
208- (2) “Law enforcement agency” does not include members of the Maryland
209-National Guard who:
201+ B. REQUEST THAT THE SECRETARY SEND THE PE RSON 6
202+IN INTEREST A CERTIF IED DEATH CERTIFICAT E WITH THE CAUSE OR MANNER OF 7
203+DEATH AMENDED IN ACC ORDANCE WITH ITEM 1 OF THIS SUBPARAGRAPH AT NO 8
204+COST TO THE PERSON I N INTEREST. 9
210205
211- (i) are under the control and jurisdiction of the Military
212-Department;
206+ (vii) The final decision of the Secretary, or the Secretary’s designee, 10
207+or of a court under this paragraph may not give rise to any presumption concerning the 11
208+application of any provision of or the resolution of any claim concerning a policy of insurance 12
209+relating to the deceased. 13
213210
214- (ii) are assigned to the military property designated as the Martin
215-State Airport; and
211+ (viii) If the findings of the medical examiner are upheld by the 14
212+Secretary, the appellant is responsible for the costs of the contested case hearing. 15
213+Otherwise, the Department is responsible for the costs of the hearing. 16
216214
217- (iii) are charged with exercising police powers in and for the Martin
218-State Airport.
215+Article – Public Safety 17
219216
220-3–531.
217+3–201. 18
221218
222- (A) IN THIS SECTION , “LAW ENFORCEMENT AGEN CY” HAS THE MEANING
223-STATED IN § 3–201 OF THIS TITLE.
219+ (a) In this subtitle the following words have the meanings indicated. 19
224220
225- (B) IF A LAW ENFORCEMENT AGENCY IS NOTIFIED B Y A MEDICAL EXAMINER
226-UNDER § 5–309(D) OF THE HEALTH – GENERAL ARTICLE, THE LAW ENFORCEMENT
227-AGENCY:
221+ (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 20
222+office, or security force or law enforcement organization of the State, a county, or a 21
223+municipal corporation that by statute, ordinance, or common law is authorized to enforce 22
224+the general criminal laws of the State. 23
228225
229- (1) SHALL REOPEN OR REIN VESTIGATE AN INVESTI GATION
230-INVOLVING THE DEATH OF A VICTIM WHOSE CA USE OR MANNER OF DEA TH WAS
231-AMENDED OR CORRECTED TO BE UNDETERMINED O R HOMICIDE; AND
226+ (2) “Law enforcement agency” does not include members of the Maryland 24
227+National Guard who: 25
232228
233- (2) MAY NOT CLOSE A CASE THAT WAS REOPENED OR
234-REINVESTIGATED UNDER ITEM (1) OF THIS SUBSECTION U NTIL AT LEAST 20 YEARS
235-AFTER THE LAW ENFORC EMENT AGENCY WAS NOT IFIED.
236- Ch. 829 2024 LAWS OF MARYLAND
229+ (i) are under the control and jurisdiction of the Military 26
230+Department; 27
237231
238-– 6 –
239- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
240-October 1, 2024.
232+ (ii) are assigned to the military property designated as the Martin 28
233+State Airport; and 29
241234
242-Approved by the Governor, May 16, 2024.
235+ (iii) are charged with exercising police powers in and for the Martin 30
236+State Airport. 31
237+
238+3–531. 32
239+ 6 HOUSE BILL 969
240+
241+
242+ (A) IN THIS SECTION , “LAW ENFORCEMENT AGEN CY” HAS THE MEANING 1
243+STATED IN § 3–201 OF THIS TITLE. 2
244+
245+ (B) IF A LAW ENFORCEMENT AGENCY IS NOTIFIED B Y A MEDICAL EXAMINER 3
246+UNDER § 5–309(D) OF THE HEALTH – GENERAL ARTICLE, THE LAW ENFORCEMENT 4
247+AGENCY: 5
248+
249+ (1) SHALL REOPEN OR REIN VESTIGATE AN INVESTI GATION 6
250+INVOLVING THE DEATH OF A VICTIM WHOSE CA USE OR MANNER OF DEA TH WAS 7
251+AMENDED OR CORRECTED TO BE UNDETERMINE D OR HOMICIDE; AND 8
252+
253+ (2) MAY NOT CLOSE A CASE THAT WAS REOPENED OR 9
254+REINVESTIGATED UNDER ITEM (1) OF THIS SUBSECTION U NTIL AT LEAST 20 YEARS 10
255+AFTER THE LAW ENFORC EMENT AGENCY WAS NOT IFIED. 11
256+
257+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take ef fect 12
258+October 1, 2024. 13
259+
260+
261+
262+
263+Approved:
264+________________________________________________________________________________
265+ Governor.
266+________________________________________________________________________________
267+ Speaker of the House of Delegates.
268+________________________________________________________________________________
269+ President of the Senate.