LRB-2278/2
RLR:jld:rs
2003 - 2004 LEGISLATURE
July 25, 2003 - Introduced by Representatives Johnsrud, Freese, Owens,
Ziegelbauer, Gunderson, Musser, Petrowski, Albers, Ainsworth, Kestell,
J. Wood, Loeffelholz, Bies, Ladwig, Hahn, Krawczyk, Seratti, Ott, Plouff

and Gard, cosponsored by Senators Kanavas, Schultz and Roessler. Referred
to Committee on Government Operations and Spending Limitations.
AB448,1,2 1An Act to create 979.028 of the statutes; relating to: confidentiality of autopsy
2records.
Analysis by the Legislative Reference Bureau
Currently, any requester has a right to inspect or copy any public record unless
otherwise provided under statutory or common law or unless, under a "balancing
test," the custodian of the record demonstrates that the public interest in
withholding access to the record outweighs the strong public interest in providing
that access. Access to autopsy records is generally subject to the balancing test.
Though, autopsy records that are in the custody of a district attorney are generally
exempt from public inspection or copying under a common law exception to public
access for district attorney files.
This bill provides that the public right to inspect or copy any portion of an
autopsy record, other than a photo taken during the autopsy, is subject to the
balancing test, as under current law. Under the bill, the public right to inspect an
autopsy photo is also subject to the balancing test, as under current law. However,
the bill prohibits the custodian of an autopsy photo from allowing a member of the
public to copy an autopsy photo unless the deceased's spouse or next of kin consents
to the copying or unless a court orders the custodian to allow copying.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB448, s. 1
1Section 1. 979.028 of the statutes is created to read:
AB448,2,10 2979.028 Confidentiality of autopsy records. Photographs or other
3pictorial images taken during an autopsy are subject to inspection as provided under
4s. 19.35 (1). Such pictorial images are not subject to copying under s. 19.35 (1). The
5custodian of such pictorial images shall prohibit copying of the pictorial images and
6may not release copies of the pictorial images to the public unless the deceased's
7spouse, or if there is no living spouse the deceased's next of kin, consents to the
8release or unless a court of record orders the release. Autopsy records other than
9photographs and other pictorial images taken during an autopsy are subject to both
10inspection and copying under s. 19.35 (1).
AB448,2,1111 (End)
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