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