North Carolina 2025-2026 Regular Session

North Carolina House Bill H614 Latest Draft

Bill / Amended Version Filed 04/01/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 614 
 
 
Short Title: The Michael Mitchke F.I.N.E. Law. 	(Public) 
Sponsors: Representative Almond. 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Emergency Management and Disaster Recovery, if favorable, Judiciary 2, if 
favorable, Rules, Calendar, and Operations of the House 
April 1, 2025 
*H614 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT REQUIRING THE PERFORMANCE OF AN A UTOPSY IN ANY CASE RELATED 2 
TO A FIRE INCIDENT IN WHICH HUMAN REMAIN S ARE FOUND. 3 
The General Assembly of North Carolina enacts: 4 
SECTION 1. This act shall be known as "The Michael Mitchke F.I.N.E. Law." 5 
SECTION 2. G.S. 130A-389(a) reads as rewritten: 6 
"(a) The Chief Medical Examiner or a competent pathologist designated by the Chief 7 
Medical Examiner shall perform an autopsy or other study in each of the following cases: 8 
(1) If, in the opinion of the medical examiner investigating the case or of the Chief 9 
Medical Examiner, it is advisable and in the public interest that an autopsy or 10 
other study be made. 11 
(2) If an autopsy or other study is requested by the district attorney of the county 12 
or by any superior court judge. 13 
(3) Notwithstanding subdivision (2) of this subsection, in any case in which the 14 
district attorney of the county asserts to the Chief Medical Examiner or the 15 
medical examiner of the county in which the body was located that there is 16 
probable cause to believe that a violation of G.S. 14-18.4 has occurred, a 17 
complete autopsy shall be performed. The district attorney has at least 72 18 
weekday hours after pronouncement of death by a person authorized under 19 
this Part to express the opinion that death has occurred to make the assertion 20 
required by this subdivision, provided that the district attorney or the 21 
investigating law enforcement agency provides notification within the first 24 22 
hours after the pronouncement that such an assertion might be made. The 23 
district attorney may, but is not required to, assert to the Chief Medical 24 
Examiner the facts supporting probable cause to believe that a violation of 25 
G.S. 14-18.4 has occurred. 26 
(4) In any case related to a fire incident in which human remains are found. 27 
A complete autopsy report of findings and interpretations, prepared on forms designated for 28 
the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the 29 
limitations of G.S. 130A-389.1 relating to photographs and video or audio recordings of an 30 
autopsy, a copy of the report shall be furnished to any person upon request." 31 
SECTION 3. This act becomes effective October 1, 2025, and applies to cases 32 
arising on or after that date. 33