SENATE BILL No. 1402

September 17, 2002, Introduced by Senators GARCIA, NORTH and GOSCHKA and referred to

the Committee on Judiciary.

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 sections 2, 3, and 5 (MCL 52.202, 52.203, and

52.205), section 2 as amended by 2001 PA 26 and section 5 as

amended by 1980 PA 401, and by adding section 5b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. (1) A county medical examiner or deputy county med-

2 ical examiner shall investigate the cause and manner of death

3 under each of the following circumstances:

4 (a) The case of an individual who has died by violence.

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1 (b) The case of an individual whose death was unexpected.

2 (c) The case of an individual who died without medical

3 attendance during the 48 hours immediately preceding the time of

4 death, unless the attending physician, if any, is able to deter-

5 mine accurately the cause of death.

6 (d) The case of an individual who has died as the result of

7 an abortion, whether self-induced or otherwise.

8 (E) THE CASE OF AN INDIVIDUAL WHO HAS DIED AS A RESULT OF 1

9 OR MORE INJURIES SUSPECTED TO HAVE BEEN CAUSED BY A FIRE.

10 (2) If a prisoner in a county or city jail dies while so

11 imprisoned, the county medical examiner or deputy county medical

12 examiner, upon being notified of the death of the prisoner, shall

13 examine the body of the deceased prisoner.

14 (3) In conducting an investigation under subsection (1) or

15 (2), a county medical examiner or deputy county medical examiner

16 may request the circuit court to issue a subpoena to produce med-

17 ical records, books, papers, documents, or other items related to

18 the death being investigated. The circuit court may punish fail-

19 ure to obey a subpoena issued under this section as contempt of

20 court.

21 (4) Medical records, books, papers, documents, or other

22 items that a county medical examiner or deputy county medical

23 examiner obtains in conducting an investigation under this act,

24 whether in response to a subpoena or otherwise, are exempt from

25 disclosure under the freedom of information act, 1976 PA 442, MCL

26 15.231 to 15.246.

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1 Sec. 3. Any physician and any person A PHYSICIAN, AN

2 INDIVIDUAL in charge of any A hospital or institution OTHER

3 HEALTH FACILITY, or any person ANOTHER INDIVIDUAL who shall

4 have HAS first knowledge of the 1 OR MORE OF THE FOLLOWING

5 SHALL IMMEDIATELY NOTIFY THE COUNTY MEDICAL EXAMINER OR DEPUTY

6 COUNTY MEDICAL EXAMINER OF THAT FACT:

7 (A) THE death of any person AN INDIVIDUAL who shall have

8 died suddenly, unexpectedly, accidentally, violently, or as the

9 result of any suspicious circumstances. , or

10 (B) AN INDIVIDUAL WHO DIED AS A RESULT OF 1 OR MORE INJURIES

11 SUSPECTED TO HAVE BEEN CAUSED BY A FIRE.

12 (C) AN INDIVIDUAL WHO DIED without medical attendance during

13 the 48 hours prior to IMMEDIATELY PRECEDING the hour of death,

14 unless the attending physician, if any, is able to determine

15 accurately the cause of death. , or in any

16 (D) A case of death due to what is commonly known as an

17 abortion, whether self-induced or otherwise. , shall notify the

18 county medical examiner or his deputy immediately of the death.

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

20 COUNTY MEDICAL EXAMINER has notice that there has been found

21 within his or her county or district the body of a person AN

22 INDIVIDUAL who is supposed to have come to his or her death MAY

23 HAVE DIED in a manner as indicated DESCRIBED in section 3 HAS

24 BEEN FOUND WITHIN THE COUNTY MEDICAL EXAMINER'S GEOGRAPHICAL

25 JURISDICTION, the COUNTY medical examiner OR DEPUTY COUNTY MEDI-

26 CAL EXAMINER shall take charge of the body. , and if, on view

27 of IF AFTER EXAMINING the body and personal inquiry into

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1 INVESTIGATING the cause and manner of the death , the COUNTY

2 medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER considers a

3 further examination necessary, the county medical examiner or a

4 deputy HE OR SHE may cause the dead body to be removed to the

5 public morgue. If the investigation is SOLELY for the reason

6 only that the dead person INDIVIDUAL had no medical

7 attendance during THE 48 hours before IMMEDIATELY PRECEDING the

8 hour of death, and if the dead person INDIVIDUAL had chosen not

9 to have medical attendance because of his or her bona fide held

10 religious convictions, removal shall IS not be required

11 unless there is evidence of other conditions stipulated

12 DESCRIBED in section 3. If there is no public morgue, then the

13 body may be removed to a private morgue as DESIGNATED BY the

14 county medical examiner has designated OR DEPUTY COUNTY MEDICAL

15 EXAMINER.

16 (2) The COUNTY medical examiner OR DEPUTY COUNTY MEDICAL

17 EXAMINER may designate a person MEDICAL EXAMINER INVESTIGATOR

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

19 body, make pertinent inquiry, note the circumstances surrounding

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

21 transported to the morgue for examination by the COUNTY medical

22 examiner OR DEPUTY COUNTY MEDICAL EXAMINER. The COUNTY medical

23 examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall maintain a list

24 of persons MEDICAL EXAMINER INVESTIGATORS appointed pursuant

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

26 shall be filed FILE THE LIST with the local law enforcement

27 agencies. The person A MEDICAL EXAMINER INVESTIGATOR appointed

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

2 employee of any A person or funeral establishment licensed

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

4 sections 338.861 to 338.875 of the Michigan Compiled Laws THE

5 OCCUPATIONAL CODE, 1980 PA 299, MCL 339.101 TO 339.2721, receive,

6 directly or indirectly, any remuneration in connection with the

7 disposition of the body, or make any funeral or burial arrange-

8 ments without approval of the next of kin, if they are found

9 KNOWN, or the person INDIVIDUAL responsible for the funeral

10 expenses.

11 (3) The EXCEPT AS OTHERWISE PROVIDED IN SECTION 5B, THE

12 county medical examiner may perform or direct to be performed an

13 autopsy and shall carefully reduce or cause to be reduced to

14 writing every EACH fact and circumstance tending to show the

15 condition of the body and the cause and manner of death,

16 together with AND SHALL INCLUDE IN THAT WRITING the names and

17 addresses of any persons EACH INDIVIDUAL present at the

18 autopsy. , which record he or she shall subscribe. THE INDI-

19 VIDUAL PERFORMING THE AUTOPSY SHALL SUBSCRIBE THE WRITING

20 DESCRIBED IN THIS SUBSECTION.

21 (4) EXCEPT AS OTHERWISE PROVIDED IN SECTION 5B, UPON RECEIPT

22 OF A WRITTEN REQUEST FROM A LAW ENFORCEMENT AGENCY OR PROSECUTING

23 ATTORNEY INVESTIGATING THE DEATH OF AN INDIVIDUAL WHO DIED AS A

24 RESULT OF 1 OR MORE INJURIES SUSPECTED TO HAVE BEEN CAUSED BY A

25 FIRE, THE COUNTY MEDICAL EXAMINER OR HIS OR HER DESIGNEE MAY PER-

26 FORM AN AUTOPSY UPON THE BODY OF THE INDIVIDUAL. IF THE COUNTY

27 MEDICAL EXAMINER DOES NOT PERFORM OR ORDER THE PERFORMANCE OF AN

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1 AUTOPSY PURSUANT TO A REQUEST RECEIVED UNDER THIS SUBSECTION, THE

2 COUNTY MEDICAL EXAMINER SHALL EXPLAIN TO THE REQUESTER IN WRITING

3 WITHIN 48 HOURS OF RECEIVING THE WRITTEN REQUEST FOR THE AUTOPSY

4 THAT THE DEATH WAS DIRECTLY CAUSED BY FIRE AND THAT AN AUTOPSY

5 WAS NOT REQUIRED TO DETERMINE OTHER POSSIBLE CAUSES OF DEATH. IF

6 THE LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY BELIEVES THAT

7 AN AUTOPSY WOULD CONTRIBUTE MATERIALLY TO THE INVESTIGATION, THE

8 LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY MAY FILE A PETI-

9 TION WITH A COURT OF COMPETENT JURISDICTION FOR A REVIEW OF THE

10 COUNTY MEDICAL EXAMINER'S DECISION NOT TO PERFORM AN AUTOPSY. A

11 LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY MUST FILE A PETI-

12 TION UNDER THIS SUBSECTION WITHIN 24 HOURS AFTER RECEIVING ORAL

13 OR WRITTEN NOTICE OF THE COUNTY MEDICAL EXAMINER'S DECISION NOT

14 TO PERFORM THE AUTOPSY OR WITHIN 24 HOURS AFTER THE COUNTY MEDI-

15 CAL EXAMINER FAILS TO RESPOND WITHIN THE 48-HOUR TIME LIMIT. THE

16 COURT IN WHICH THE PETITION IS FILED SHALL HOLD A HEARING ON THE

17 PETITION WITHIN 48 HOURS AFTER THE PETITION IS FILED. IF THE

18 COURT DETERMINES THAT AN AUTOPSY WOULD CONTRIBUTE MATERIALLY TO

19 THE INVESTIGATION, THE COURT SHALL ORDER THE COUNTY MEDICAL

20 EXAMINER TO PERFORM THE AUTOPSY IMMEDIATELY AND TO TRANSMIT THE

21 RESULTS OF THE AUTOPSY TO THE PETITIONER WITHIN 24 HOURS AFTER

22 THE AUTOPSY IS PERFORMED AND ALL NECESSARY TESTS ARE COMPLETED.

23 (5) (4) The EXCEPT AS PROVIDED IN SUBSECTION (6), THE

24 COUNTY medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall

25 ascertain the identity of the deceased and notify immediately

26 AND as compassionately as possible NOTIFY the next of kin of the

27 DECEDENT'S death and the location of the body. except that such

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1 (6) THE notification DESCRIBED IN SUBSECTION (5) is not

2 required if a person from the state police or a county sheriff

3 department or a township police department or a municipal police

4 department LOCAL LAW ENFORCEMENT AGENCY states to the COUNTY

5 medical examiner that the notification has already occurred. The

6 county medical examiner may conduct an autopsy UNDER SUBSECTION

7 (3) if he or she determines that an autopsy reasonably appears to

8 be required pursuant to law. After EXCEPT AS OTHERWISE PRO-

9 VIDED IN SECTION 5B, AFTER the county medical examiner or a

10 deputy or a person AN INDIVIDUAL from the state police or a

11 county sheriff department or a township police department or a

12 municipal police department LOCAL LAW ENFORCEMENT AGENCY has

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

14 she THE COUNTY MEDICAL EXAMINER may order and conduct the

15 autopsy with or without the consent of the next of kin of the

16 deceased.

17 (7) (5) The county medical examiner or a HIS OR HER

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

19 notify the next of kin for a period of 1 year from the date of

20 the autopsy. The county medical examiner shall, after any

21 AFTER A required examination or autopsy, THE COUNTY MEDICAL

22 EXAMINER SHALL promptly deliver or return the body to relatives

23 or representatives of the deceased. or, if IF there are no

24 relatives or representatives OF THE DECEASED known to the COUNTY

25 MEDICAL examiner, he or she may cause the body to be decently

26 buried , except that the medical examiner PURSUANT TO LAW, BUT

27 may retain, as long as may be HE OR SHE DETERMINES necessary,

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1 any A portion of the body believed by the COUNTY medical

2 examiner to be necessary for the detection of any A crime.

3 SEC. 5B. (1) SUBJECT TO SUBSECTION (2), A COUNTY MEDICAL

4 EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER SHALL NOT PERFORM AN

5 AUTOPSY ON THE BODY OF A DECEASED PERSON IF A NEXT OF KIN OF THE

6 DECEASED PERSON INFORMS THE COUNTY MEDICAL EXAMINER OR DEPUTY

7 COUNTY MEDICAL EXAMINER THAT AN AUTOPSY WOULD BE CONTRARY TO THE

8 DECEASED PERSON'S RELIGIOUS BELIEFS.

9 (2) A COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

10 EXAMINER MAY PERFORM AN AUTOPSY UNDER THE CIRCUMSTANCES DESCRIBED

11 IN SUBSECTION (1) IF THE COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY

12 MEDICAL EXAMINER DETERMINES THAT THERE IS A COMPELLING PUBLIC

13 NECESSITY FOR THE AUTOPSY. IF THE COUNTY MEDICAL EXAMINER OR

14 DEPUTY COUNTY MEDICAL EXAMINER DETERMINES THAT THERE IS A COMPEL-

15 LING PUBLIC NECESSITY FOR THE AUTOPSY, HE OR SHE SHALL NOT PER-

16 FORM THE AUTOPSY FOR A PERIOD OF 24 HOURS AFTER MAKING THE DETER-

17 MINATION OF COMPELLING PUBLIC NECESSITY. A COMPELLING PUBLIC

18 NECESSITY EXISTS FOR THE PURPOSES OF THIS SECTION IF EITHER OF

19 THE FOLLOWING CIRCUMSTANCES EXISTS:

20 (A) AN AUTOPSY IS NECESSARY FOR THE CONDUCT OF A CRIMINAL

21 INVESTIGATION BY A LAW ENFORCEMENT AGENCY.

22 (B) AN AUTOPSY IS NECESSARY TO DETERMINE THE CAUSE OF THE

23 DECEASED PERSON'S DEATH IN ORDER TO PROTECT AGAINST AN IMMEDIATE

24 AND SUBSTANTIAL THREAT TO THE PUBLIC HEALTH.

25 (3) DURING THE 24-HOUR PERIOD DESCRIBED IN SUBSECTION (2), A

26 NEXT OF KIN DESCRIBED IN SUBSECTION (1) MAY PETITION A COURT OF

27 COMPETENT JURISDICTION TO ENJOIN THE AUTOPSY. THE NEXT OF KIN

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1 SHALL INFORM THE COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

2 EXAMINER IN WRITING OF THE PETITION. THE COURT IN WHICH THE

3 PETITION IS FILED SHALL CONDUCT A HEARING ON THE MATTER WITHIN 48

4 HOURS OF THE FILING OF THE PETITION. IF THE COURT FINDS THAT

5 THERE IS A COMPELLING PUBLIC NECESSITY, THE COURT SHALL ALLOW THE

6 COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER TO PER-

7 FORM THE AUTOPSY. A COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY

8 MEDICAL EXAMINER WHO PERFORMS AN AUTOPSY UNDER THIS SECTION SHALL

9 USE THE LEAST INTRUSIVE PROCEDURES ALLOWED UNDER THE

10 CIRCUMSTANCES.

11 (4) AS USED IN THIS ACT, "NEXT OF KIN" MEANS THE SPOUSE OF A

12 DECEASED INDIVIDUAL OR AN INDIVIDUAL RELATED TO THE DECEASED

13 INDIVIDUAL WITHIN THE THIRD DEGREE OF CONSANGUINITY AS DETERMINED

14 BY THE CIVIL LAW METHOD.

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