14 | 13 | | A BILL TO BE ENTITLED 1 |
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15 | 14 | | AN ACT REQUIRING THE PERFORMANCE OF AN AUTOPSY IN ANY CASE RELATED 2 |
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16 | 15 | | TO A FIRE INCIDENT IN WHICH HUMAN REMAINS ARE FOUND. 3 |
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17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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18 | 17 | | SECTION 1. This act shall be known as "The Michael Mitchke F.I.N.E. Law." 5 |
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19 | 18 | | SECTION 2. G.S. 130A-389(a) reads as rewritten: 6 |
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20 | 19 | | "(a) The Chief Medical Examiner or a competent pathologist designated by the Chief 7 |
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21 | 20 | | Medical Examiner shall perform an autopsy or other study in each of the following cases: 8 |
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22 | 21 | | (1) If, in the opinion of the medical examiner investigating the case or of the Chief 9 |
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23 | 22 | | Medical Examiner, it is advisable and in the public interest that an autopsy or 10 |
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24 | 23 | | other study be made. 11 |
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25 | 24 | | (2) If an autopsy or other study is requested by the district attorney of the county 12 |
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26 | 25 | | or by any superior court judge. 13 |
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27 | 26 | | (3) Notwithstanding subdivision (2) of this subsection, in any case in which the 14 |
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28 | 27 | | district attorney of the county asserts to the Chief Medical Examiner or the 15 |
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29 | 28 | | medical examiner of the county in which the body was located that there is 16 |
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30 | 29 | | probable cause to believe that a violation of G.S. 14-18.4 has occurred, a 17 |
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31 | 30 | | complete autopsy shall be performed. The district attorney has at least 72 18 |
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32 | 31 | | weekday hours after pronouncement of death by a person authorized under 19 |
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33 | 32 | | this Part to express the opinion that death has occurred to make the assertion 20 |
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34 | 33 | | required by this subdivision, provided that the district attorney or the 21 |
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35 | 34 | | investigating law enforcement agency provides notification within the first 24 22 |
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36 | 35 | | hours after the pronouncement that such an assertion might be made. The 23 |
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37 | 36 | | district attorney may, but is not required to, assert to the Chief Medical 24 |
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38 | 37 | | Examiner the facts supporting probable cause to believe that a violation of 25 |
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39 | 38 | | G.S. 14-18.4 has occurred. 26 |
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40 | 39 | | (4) In any case related to a fire incident in which human remains are found. 27 |
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41 | 40 | | A complete autopsy report of findings and interpretations, prepared on forms designated for 28 |
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42 | 41 | | the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the 29 |
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43 | 42 | | limitations of G.S. 130A-389.1 relating to photographs and video or audio recordings of an 30 |
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44 | 43 | | autopsy, a copy of the report shall be furnished to any person upon request." 31 |
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45 | 44 | | SECTION 3. This act becomes effective October 1, 2025, and applies to cases 32 |
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46 | 45 | | arising on or after that date. 33 |
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