Oklahoma 2024 Regular Session

Oklahoma House Bill HB3184 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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3128 STATE OF OKLAHOMA
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3330 2nd Session of the 59th Legislature (2024)
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3532 COMMITTEE SUBSTITUTE
3633 FOR
3734 HOUSE BILL NO. 3184 By: Patzkowsky
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4340 COMMITTEE SUBSTITUTE
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4542 An Act relating to medicolegal investigations;
4643 amending 63 O.S. 2021, Section 94 0, as amended by
4744 Section 1, Chapter 176, O.S.L. 2022 (63 O.S. Su pp.
4845 2023, Section 940), which relates to the cooperation
4946 of state and county officials with State Medical
5047 Examiner; permitting the relocation of certain bodies
5148 and vehicles for rural counties by state trooper;
5249 requiring certain access; and providing an effective
5350 date.
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5956 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6057 SECTION 1. AMENDATORY 63 O.S. 2021, Section 940, as
6158 amended by Section 1, Chapter 176, O.S.L. 2022 (63 O.S. Supp. 2023,
6259 Section 940), is amended to rea d as follows:
6360 Section 940. A. All law enforcement officers and other state
6461 and county officials shall cooperate with the Chief Medical Examine r
6562 and all other medical examiners in making inve stigations required
6663 pursuant to the provisions of Sections 931 t hrough 954 of this
6764 title. The officials and the physician in attendance of the
65+deceased, or other persons when the deceased was unattended by a
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95-deceased, or other persons when the deceased was unattended by a
9692 physician, shall promptly notify the medical ex aminer of the
9793 occurrence of all deaths coming to their attention which, pursuant
9894 to the provisions of Sections 931 through 95 4 of this title, are
9995 subject to investigation, and shall assist in making dead bodi es and
10096 related evidence available for investigat ion.
10197 Subject to the provisions of Sections 931 through 954 of th is
10298 title, bodies shall not be disturbed until authorized by t he Chief
10399 Medical Examiner or his or her designee and the representative of
104100 any law enforcement agency which has begun an investigat ion of the
105101 cause of death except as provided for in subsection C. The
106102 authorization may be given by telephone. Nothing in Sections 931
107103 through 954 of this ti tle shall prevent the district attorney, or
108104 his or her designee, or the responding law enforcemen t officer from
109105 authorizing the removal of a body when the removal is determined to
110106 be in the public interest and conditions at the scene are adequately
111107 documented and preserved by photographs and measure ments.
112108 B. The death of any p atient, inmate, ward, or veteran in a
113109 state hospital or other ins titution shall be reported by the chief
114110 administrative officer of the hospital or institution or his or her
115111 designee to the Office of the Chief Medical Examiner at th e time of
116112 the death and prior to release of the b ody.
117113 1. Within thirty-six (36) hours, a written report shall be
118114 submitted and shall be accompanied by true and correct copies of all
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146141 medical records of the hospital or institution concerning the
147142 deceased patient.
148143 2. The Chief Medical Examiner shall have the authority to
149144 require production of an y records, documents, or equipment or other
150145 items regarding the deceased patient deemed necessary to investigate
151146 the death.
152147 C. State Troopers in a county with a popul ation of less than
153148 fifty thousand (50,000) may authorize the relocation of the body of
154149 a deceased if, after investigating and documenting the scene and
155150 with a concurring opinion of a local medical professional, the death
156151 is determined to be accidental. The medical examiner or their
157152 designee shall have access to any relocated bodies and relevant
158153 requested evidence. The term "local medical professional " shall
159154 mean a licensed doctor, nurse, or qualified Emergency Medical
160155 Technician personnel who resides in the county or immediate
161156 surrounding area.
162157 SECTION 2. This act shall become effective November 1, 2024.
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164-COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/21/2024 -
165-DO PASS, As Amended.
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