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North Carolina House Bill H164

North Carolina 2025-2026 Regular Session

North Carolina House Bill H164 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 164
3+H D
4+HOUSE BILL DRH30064-MG-22
5+
56
67
78 Short Title: Parental Consent to Release Child Autopsies. (Public)
8-Sponsors: Representatives Balkcom, Campbell, Carson Smith, and Stevens (Primary
9-Sponsors).
10-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
11-Referred to: Judiciary 2, if favorable, State and Local Government, if favorable, Rules,
12-Calendar, and Operations of the House
13-February 24, 2025
14-*H164 -v-1*
9+Sponsors: Representative Balkcom.
10+Referred to:
11+
12+*DRH30064 -MG-22*
1513 A BILL TO BE ENTITLED 1
1614 AN ACT ESTABLISHING A PARENTAL CONSENT REQUIREMENT FOR THE 2
1715 DISCLOSURE OR RELEASE OF CHILD AUTOPSY INFORMATION COMPILED OR 3
1816 PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 4
1917 The General Assembly of North Carolina enacts: 5
2018 SECTION 1. G.S. 130A-385 is amended by adding new subsections to read: 6
2119 "(d1) Any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 7
2220 or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 8
2321 Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 9
2422 medical examiner, or an autopsy center in connection with the death of a child who was under 10
2523 18 years of age at the time of death, including any autopsy photographs or video or audio 11
2624 recordings, are confidential and may be disclosed or released only with the prior written consent 12
2725 of the deceased child's parent or guardian or a person standing in loco parentis to the deceased 13
2826 child as follows: 14
2927 (1) The custodian of the finalized autopsy report may release a copy at a time and 15
3028 location determined by the custodial agency to a personal representative of the 16
3129 decedent's estate to enable the personal representative to fulfill his or her 17
3230 duties under the law. 18
3331 (2) The Office of the Chief Medical Examiner, a pathologist designated by the 19
3432 Chief Medical Examiner, a county medical examiner appointed under 20
3533 G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 21
3634 prohibited from disclosing or releasing information or reports when necessary 22
3735 to address public health or safety concerns; for public health purposes, 23
3836 including public health surveillance, investigations, interventions, and 24
3937 evaluations; to facilitate research; to comply with reporting requirements 25
4038 under State or federal law or in connection with State or federal grants; or to 26
4139 comply with any other duties imposed by law. 27
4240 Any person who willfully and knowingly discloses or releases confidential materials in 28
4341 connection with the death of a child who was under 18 years of age at the time of death, in 29
4442 violation of this subsection, or who willfully and knowingly possesses or disseminates 30
4543 confidential materials that were disclosed or released in violation of this subsection, is guilty of 31
4644 a Class 1 misdemeanor; provided, however, that more than one occurrence of disclosure, release, 32
47-possession, or dissemination of the same item by the same person is not a separate offense. As 33 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 164-First Edition
49-used in this subsection, the term "disclose" means the act of making materials designated as 1
50-confidential under this subsection available for viewing or listening by a person or entity upon 2
51-request, at a time and location chosen by the custodial agency, and the term "release" means the 3
52-act of the custodial agency in providing a copy of materials designated confidential under this 4
53-subsection. 5
54-(d2) In the event a deceased child's parents or guardian or person standing in loco parentis 6
55-to the deceased child withholds the consent required for disclosure or release under subsection 7
56-(d1) of this section, a person or entity seeking disclosure or release of the materials may 8
57-commence a special proceeding in the superior court of the county where the death that is the 9
58-subject of the materials occurred to obtain a court order for disclosure or release of the materials. 10
59-The court may conduct an in-camera review of the materials. Upon a showing of good cause, a 11
60-superior court judge may issue an order authorizing the disclosure or release of the materials and 12
61-may prescribe any restrictions or stipulations that the superior court judge deems appropriate. 13
62-The petitioner shall provide reasonable notice of the commencement of the special proceeding 14
63-and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 15
64-accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 16
65-to the deceased child's parents or guardian, or to the person standing in loco parentis to the 17
66-deceased child; the Office of the Chief Medical Examiner; the district attorney of the county in 18
67-which the death occurred; and the personal representative of the estate of the deceased, if any. In 19
68-determining good cause, the judge shall consider whether the disclosure or release is necessary 20
69-for the public evaluation of governmental performance, the seriousness of the intrusion into the 21
70-family's right to privacy, whether the requested disclosure or release is the least intrusive means 22
71-available, the need to withhold the records to facilitate the investigation or prosecution of 23
72-criminal offenses, the rights of the defendant in any ongoing criminal investigation or 24
73-prosecution, the public interest in having access to the records, and the availability of similar 25
74-information in other public records, regardless of form. A party aggrieved by an order of the 26
75-superior court authorized by this subsection may appeal in accordance with Article 27 of Chapter 27
76-1 of the General Statutes." 28
77-SECTION 2. G.S. 130A-389.1 reads as rewritten: 29
78-"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 30
79-(a) Except as otherwise provided by law, law and excluding any confidential materials in 31
80-connection with the death of a child who was under 18 years of age at the time of death that a 32
81-parent or guardian or person standing in loco parentis elects to protect from disclosure or release 33
82-under G.S. 130A-385(d1), any person may inspect and examine original photographs or video or 34
83-audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable times and 35
84-under reasonable supervision of the custodian of the photographs or recordings. Except as 36
85-otherwise provided by this section, no custodian of the original recorded images shall furnish 37
86-copies of photographs or video or audio recordings of an autopsy to the public. For purposes of 38
87-this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or 39
88-video or audio recordings unless the photographs or recordings were taken by or at the direction 40
89-of an investigating medical examiner and the investigating medical examiner retains the original 41
90-photographs or recordings. If Except in cases in which the materials are protected from disclosure 42
91-or release under G.S. 130A-385(d1), if the investigating medical examiner has retained the 43
92-original photographs or recordings, then the investigating medical examiner is the custodian of 44
93-the photographs or video or audio recordings and must shall allow the public to inspect and 45
94-examine them in accordance with this subsection. 46
95-… 47
96-(d) A person who is denied access to copies of photographs or video or audio recordings, 48
97-or who is restricted in the use the person may make of the photographs or video or audio 49
98-recordings under this section, may commence a special proceeding in accordance with Article 33 50
99-of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 51 General Assembly Of North Carolina Session 2025
100-House Bill 164-First Edition Page 3
101-authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 1
102-and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 2
103-good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 3
104-of governmental performance; the seriousness of the intrusion into the family's right to privacy 4
105-and whether the disclosure is the least intrusive means available; and the availability of similar 5
106-information in other public records, regardless of form. In all cases, the viewing, copying, 6
107-listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 7
108-under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 8
109-designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 9
110-accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 10
111-to autopsy photographs or video or audio recordings of a deceased child that was under 18 years 11
112-of age at the time of death that a parent or guardian or person standing in loco parentis elects to 12
113-protect from disclosure or release under G.S. 130A-385(d1). Autopsy photographs or video or 13
114-audio recordings of a deceased child that was under 18 years of age at the time of death may be 14
115-disclosed or released only with the prior consent of the deceased child's parent or guardian or 15
116-person standing in loco parentis to the deceased child or in accordance with G.S. 130A-385(d2). 16
117-…." 17
118-SECTION 3. G.S. 132-1.8 reads as rewritten: 18
119-"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 19
120-to autopsy. 20
121-Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 21
122-of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an 22
123-official autopsy report, including any findings and interpretations prepared in accordance with 23
124-G.S. 130A-389(a), is a public record and fully accessible by the public. For purposes of this 24
125-section, an official autopsy is an autopsy performed pursuant to G.S. 25
126-130A-389(a).G.S. 130A-389(a) on a person who was 18 years of age or older at the time of 26
127-death." 27
128-SECTION 4. This act becomes effective October 1, 2025. 28
45+possession, or dissemination of the same item by the same person is not a separate offense. As 33
46+used in this subsection, the term "disclose" means the act of making materials designated as 34
47+confidential under this subsection available for viewing or listening by a person or entity upon 35
48+request, at a time and location chosen by the custodial agency, and the term "release" means the 36
49+H.B. 164
50+Feb 21, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30064-MG-22
53+act of the custodial agency in providing a copy of materials designated confidential under this 1
54+subsection. 2
55+(d2) In the event a deceased child's parents or guardian or person standing in loco parentis 3
56+to the deceased child withholds the consent required for disclosure or release under subsection 4
57+(d1) of this section, a person or entity seeking disclosure or release of the materials may 5
58+commence a special proceeding in the superior court of the county where the death that is the 6
59+subject of the materials occurred to obtain a court order for disclosure or release of the materials. 7
60+The court may conduct an in-camera review of the materials. Upon a showing of good cause, a 8
61+superior court judge may issue an order authorizing the disclosure or release of the materials and 9
62+may prescribe any restrictions or stipulations that the superior court judge deems appropriate. 10
63+The petitioner shall provide reasonable notice of the commencement of the special proceeding 11
64+and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 12
65+accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 13
66+to the deceased child's parents or guardian, or to the person standing in loco parentis to the 14
67+deceased child; the Office of the Chief Medical Examiner; the district attorney of the county in 15
68+which the death occurred; and the personal representative of the estate of the deceased, if any. In 16
69+determining good cause, the judge shall consider whether the disclosure or release is necessary 17
70+for the public evaluation of governmental performance, the seriousness of the intrusion into the 18
71+family's right to privacy, whether the requested disclosure or release is the least intrusive means 19
72+available, the need to withhold the records to facilitate the investigation or prosecution of 20
73+criminal offenses, the rights of the defendant in any ongoing criminal investigation or 21
74+prosecution, the public interest in having access to the records, and the availability of similar 22
75+information in other public records, regardless of form. A party aggrieved by an order of the 23
76+superior court authorized by this subsection may appeal in accordance with Article 27 of Chapter 24
77+1 of the General Statutes." 25
78+SECTION 2. G.S. 130A-389.1 reads as rewritten: 26
79+"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 27
80+(a) Except as otherwise provided by law, law and excluding any confidential materials in 28
81+connection with the death of a child who was under 18 years of age at the time of death that a 29
82+parent or guardian or person standing in loco parentis elects to protect from disclosure or release 30
83+under G.S. 130A-385(d1), any person may inspect and examine original photographs or video or 31
84+audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable times and 32
85+under reasonable supervision of the custodian of the photographs or recordings. Except as 33
86+otherwise provided by this section, no custodian of the original recorded images shall furnish 34
87+copies of photographs or video or audio recordings of an autopsy to the public. For purposes of 35
88+this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or 36
89+video or audio recordings unless the photographs or recordings were taken by or at the direction 37
90+of an investigating medical examiner and the investigating medical examiner retains the original 38
91+photographs or recordings. If Except in cases in which the materials are protected from disclosure 39
92+or release under G.S. 130A-385(d1), if the investigating medical examiner has retained the 40
93+original photographs or recordings, then the investigating medical examiner is the custodian of 41
94+the photographs or video or audio recordings and must shall allow the public to inspect and 42
95+examine them in accordance with this subsection. 43
96+… 44
97+(d) A person who is denied access to copies of photographs or video or audio recordings, 45
98+or who is restricted in the use the person may make of the photographs or video or audio 46
99+recordings under this section, may commence a special proceeding in accordance with Article 33 47
100+of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 48
101+authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 49
102+and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 50
103+good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 51 General Assembly Of North Carolina Session 2025
104+DRH30064-MG-22 Page 3
105+of governmental performance; the seriousness of the intrusion into the family's right to privacy 1
106+and whether the disclosure is the least intrusive means available; and the availability of similar 2
107+information in other public records, regardless of form. In all cases, the viewing, copying, 3
108+listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 4
109+under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 5
110+designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 6
111+accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 7
112+to autopsy photographs or video or audio recordings of a deceased child that was under 18 years 8
113+of age at the time of death that a parent or guardian or person standing in loco parentis elects to 9
114+protect from disclosure or release under G.S. 130A-385(d1). Autopsy photographs or video or 10
115+audio recordings of a deceased child that was under 18 years of age at the time of death may be 11
116+disclosed or released only with the prior consent of the deceased child's parent or guardian or 12
117+person standing in loco parentis to the deceased child or in accordance with G.S. 130A-385(d2). 13
118+…." 14
119+SECTION 3. G.S. 132-1.8 reads as rewritten: 15
120+"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 16
121+to autopsy. 17
122+Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 18
123+of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an 19
124+official autopsy report, including any findings and interpretations prepared in accordance with 20
125+G.S. 130A-389(a), is a public record and fully accessible by the public. For purposes of this 21
126+section, an official autopsy is an autopsy performed pursuant to G.S. 22
127+130A-389(a).G.S. 130A-389(a) on a person who was 18 years of age or older at the time of 23
128+death." 24
129+SECTION 4. This act becomes effective October 1, 2025. 25