House Introduced Bill 5987

HOUSE BILL No. 5987


     April 30, 2002, Introduced by Rep. DeWeese and referred to the Committee on Criminal Justice.


        A bill to amend 1953 PA 181, entitled

   "An act relative to investigations in certain instances of the
   causes of death within this state due to violence, negligence or
   other act or omission of a criminal nature or to protect public
   health; to provide for the taking of statements from injured per-
   sons under certain circumstances; to abolish the office of coro-
   ner and to create the office of county medical examiner in cer-
   tain counties; to prescribe the powers and duties of county medi-
   cal examiners; to prescribe penalties for violations of the pro-
   visions of this act; and to prescribe a referendum thereon,"

   by amending section 5 (MCL 52.205), as amended by 1980 PA 401.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 5.  (1)  When  IF a county medical examiner OR DEPUTY

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        COUNTY MEDICAL EXAMINER has notice that  there has been found

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        within his or her county or district  the body of a person who

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         is supposed to have come to his or her death  MAY HAVE DIED in a

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        manner  as indicated  DESCRIBED in section 3 HAS BEEN FOUND

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        WITHIN THE COUNTY MEDICAL EXAMINER'S GEOGRAPHICAL JURISDICTION,

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        the COUNTY medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER


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        shall take charge of the body.  , and if, on view of  IF AFTER

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        EXAMINING the body and  personal inquiry into  INVESTIGATING the

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        cause and manner of the death  ,  the COUNTY medical examiner OR

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        DEPUTY COUNTY MEDICAL EXAMINER considers a further examination

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        necessary,  the county medical examiner or a deputy  HE OR SHE

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        may cause the dead body to be removed to the public morgue.  If

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        the investigation is SOLELY for the reason  only  that the dead

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        person had no medical attendance during THE 48 hours  before

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        IMMEDIATELY PRECEDING the hour of death, and if the dead person

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        had chosen not to have medical attendance because of his or her

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        bona fide held religious convictions, removal  shall  IS not  be

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        required unless there is evidence of other conditions

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         stipulated  DESCRIBED in section 3.  If there is no public

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        morgue,  then  the body may be removed to a private morgue  as

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        DESIGNATED BY the county medical examiner  has designated  OR

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        DEPUTY COUNTY MEDICAL EXAMINER.

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             (2) The COUNTY medical examiner OR DEPUTY COUNTY MEDICAL

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        EXAMINER may designate a  person  MEDICAL EXAMINER INVESTIGATOR

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        appointed  pursuant to  UNDER section 1a(2) to take charge of the

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        body, make pertinent inquiry, note the circumstances surrounding

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        the death, and, if considered necessary, cause the body to be

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        transported to the morgue for examination by the COUNTY medical

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        examiner OR DEPUTY COUNTY MEDICAL EXAMINER.  The COUNTY medical

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        examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall maintain a list

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        of  persons  MEDICAL EXAMINER INVESTIGATORS appointed  pursuant

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        to  UNDER section 1a(2) and their qualifications,  which  AND

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        shall  be filed  FILE THE LIST with the local law enforcement



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        agencies.   The person  A MEDICAL EXAMINER INVESTIGATOR appointed

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         pursuant to  UNDER section 1a(2) shall not be an agent or

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        employee of  any  A person or funeral establishment licensed

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        under  Act No. 268 of the Public Acts of 1949, as amended, being

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        sections 338.861 to 338.875 of the Michigan Compiled Laws  THE

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        OCCUPATIONAL CODE, 1980 PA 299, MCL 339.101 TO 339.2721, AND

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        SHALL NOT receive, directly or indirectly,  any  remuneration in

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        connection with the disposition of the body, or make  any

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        funeral or burial arrangements without approval of the next of

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        kin, if  they are found  KNOWN, or the person responsible for the

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        funeral expenses.

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             (3) The county medical examiner may perform or direct to be

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        performed an autopsy ON A BODY DESCRIBED IN SUBSECTION (2) and

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        shall carefully reduce or cause to be reduced to writing  every

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        EACH fact and circumstance tending to show the condition of the

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        body and the cause and manner of death,  together with  AND SHALL

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        INCLUDE IN THAT WRITING the names and addresses of  any persons

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        EACH PERSON present at the autopsy.   , which record he or she

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        shall subscribe.  THE PERSON PERFORMING THE AUTOPSY SHALL SUB-

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        SCRIBE THE WRITING DESCRIBED IN THIS SUBSECTION.

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             (4)  The  EXCEPT AS PROVIDED IN SUBSECTION (5), BEFORE PER-

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        FORMING AN AUTOPSY UNDER SUBSECTION (3), THE COUNTY medical

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        examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall ascertain the

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        identity of the deceased and  notify  immediately AND as compas-

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        sionately as possible NOTIFY the next of kin of the DECEDENT'S

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        death and the location of the body.  except that such  THE COUNTY

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        MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER SHALL ALSO ASK



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        THE NEXT OF KIN IF HE OR SHE WANTS AN AUTOPSY CONDUCTED ON THE

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        BODY OF THE DECEASED.  THE COUNTY MEDICAL EXAMINER OR DEPUTY

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        COUNTY MEDICAL EXAMINER SHALL INCLUDE IN THE NOTICE INFORMATION

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        REGARDING THE COST OF AN AUTOPSY, THE BENEFITS OF AN AUTOPSY, AND

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        THE FACT THAT SOME AUTOPSIES ARE REQUIRED BY LAW.

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             (5) THE notification REGARDING THE DECEDENT'S DEATH AND THE

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        LOCATION OF THE BODY DESCRIBED IN SUBSECTION (4) is not required

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        if a person from the state police or a  county sheriff department

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        or a township police department or a municipal police department

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        LOCAL LAW ENFORCEMENT AGENCY states to the COUNTY medical

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        examiner that the notification has already occurred.  The county

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        medical examiner may conduct an autopsy UNDER SUBSECTION (3) if

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        he or she determines that an autopsy reasonably appears to be

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        required pursuant to law.  IF THE NEXT OF KIN REQUESTS AN AUTOPSY

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        UNDER SUBSECTION (4), THE COUNTY MEDICAL EXAMINER OR DEPUTY

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        COUNTY MEDICAL EXAMINER SHALL PERFORM AN AUTOPSY UPON AGREEMENT

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        BY THE NEXT OF KIN TO PAY THE REASONABLE COST OF THE AUTOPSY.

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        After the county medical examiner, DEPUTY COUNTY MEDICAL

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        EXAMINER, or a  deputy or a  person from the state police or a

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         county sheriff department or a township police department or a

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        municipal police department  LOCAL LAW ENFORCEMENT AGENCY has

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        made diligent effort to locate and notify the next of kin,  he or

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        she  THE COUNTY MEDICAL EXAMINER may order and conduct  the  AN

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        autopsy UNDER SUBSECTION (3) with or without the consent of the

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        next of kin of the deceased.

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             (6)  (5)  The county medical examiner or  a  HIS OR HER

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        deputy shall keep a written record of the efforts to locate and



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        notify the next of kin UNDER SUBSECTIONS (4) AND (5) for a period

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        of 1 year from the date of the autopsy.   The county medical

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        examiner shall, after any  AFTER CONDUCTING A required OR

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        REQUESTED examination or autopsy UNDER THIS SECTION, THE COUNTY

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        MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER SHALL promptly

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        deliver or return the body to relatives or representatives of the

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        deceased.   or, if  IF there are no relatives or representatives

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        OF THE DECEASED known to the COUNTY MEDICAL examiner OR DEPUTY

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        COUNTY MEDICAL EXAMINER, he or she may cause the body to be

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         decently  buried  , except that the medical examiner  PURSUANT

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        TO LAW, BUT may retain, as long as  may be  HE OR SHE DETERMINES

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        necessary,  any  A portion of the body believed by the COUNTY

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        medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER to be neces-

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        sary for the detection of  any  A crime.





























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