CHAPTER 979
INVESTIGATION OF DEATHS
979.01 Reporting deaths required; penalty; taking specimens by coroner or medical examiner.
979.012 Reporting deaths of public health concern.
979.015 Subpoena for documents.
979.025 Autopsy of correctional inmate.
979.03 Autopsy for sudden infant death syndrome.
979.04 Inquests: when called.
979.05 Inquests: procedure.
979.06 Inquests: witnesses.
979.07 Incriminating testimony compelled; immunity.
979.08 Inquests: instructions, burden of proof and verdict.
979.11 Compensation of officers.
979.12 Fees for morgue services.
979.22 Autopsies and toxicological services by medical examiners.
Ch. 979 Cross-reference
Cross-reference: See definitions in s.
967.02.
979.01
979.01
Reporting deaths required; penalty; taking specimens by coroner or medical examiner. 979.01(1)
(1) All physicians, authorities of hospitals, sanatoriums, public and private institutions, convalescent homes, authorities of any institution of a like nature, and other persons having knowledge of the death of any person who has died under any of the following circumstances, shall immediately report the death to the sheriff, police chief, or medical examiner or coroner of the county where the death took place:
979.01(1)(a)
(a) All deaths in which there are unexplained, unusual or suspicious circumstances.
979.01(1)(e)
(e) All deaths due to poisoning, whether homicidal, suicidal or accidental.
979.01(1)(f)
(f) All deaths following accidents, whether the injury is or is not the primary cause of death.
979.01(1)(g)
(g) When there was no physician, or accredited practitioner of a bona fide religious denomination relying upon prayer or spiritual means for healing in attendance within 30 days preceding death.
979.01(1)(h)
(h) When a physician refuses to sign the death certificate.
979.01(1)(i)
(i) When, after reasonable efforts, a physician cannot be obtained to sign the medical certification as required under
s. 69.18 (2) (b) or
(c) within 6 days after the pronouncement of death or sooner under circumstances which the coroner or medical examiner determines to be an emergency.
979.01(1g)
(1g) A sheriff or police chief shall, immediately upon notification of a death under
sub. (1), notify the coroner or the medical examiner, and the coroner or medical examiner of the county where death took place, if the crime, injury, or event occurred in another county, shall immediately report the death to the coroner or medical examiner of that county.
979.01(1m)
(1m) The coroner or medical examiner receiving notification under
sub. (1) or
(1g) shall immediately notify the district attorney.
979.01(1r)
(1r) If the coroner or medical examiner is notified of a death under
sub. (1) or
(1g) and determines that his or her notification of the death was not required under
sub. (1) or
(1g), he or she shall notify the director of the historical society under
s. 157.70 (3).
979.01(2)
(2) Any person who violates this section shall be fined not more than $1,000 or imprisoned not more than 90 days.
979.01(3)
(3) In all cases of death reportable under
sub. (1) where an autopsy is not performed, the coroner or medical examiner may take for analysis any and all specimens, body fluids and any other material which will assist him or her in determining the cause of death. The specimens, body fluids and other material taken under this subsection shall not be admissible in evidence in any civil action against the deceased or the deceased's estate, as the result of any act of the deceased.
979.01(3m)
(3m) In all cases of death reportable under
sub. (1) where an autopsy is not performed, the coroner or medical examiner shall take for analysis any and all specimens, body fluids and any other material that will assist him or her in determining the cause of death if requested to do so by a spouse, parent, child or sibling of the deceased person and not objected to by any of those family members. The specimens, body fluids and other material taken under this subsection shall not be admissible in evidence in any civil action against the deceased or his or her estate, as the result of any act of the deceased.
979.01(4)
(4) No person may embalm or perform an autopsy on the body of any person who has died under any of the circumstances listed in this section unless the person obtains the written authorization of the coroner of the county in which the injury or cause of death occurred. Such authorization shall be issued by the coroner or a deputy within 12 hours after notification of the reportable death, or as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances.
979.01 Cross-reference
Cross Reference: See also s.
HFS 135.09, Wis. adm. code.
979.01 Annotation
Admission of a blood sample is not barred by sub. (3) when the action is brought by the deceased's estate. Luedtke v. Shedivy,
51 Wis. 2d 110,
186 N.W.2d 220 (1971).
979.01 Annotation
If an accident occurs in one county and the victim is transported to another county, and death occurs there, the coroner where the death occurs has a duty to immediately report the death to the coroner of county where the crime, injury, or event occurred, and the coroner of the latter county has authority to investigate and a duty to hold an inquest if he or she considers it necessary or if directed by the district attorney of his or her county. 62 Atty. Gen. 127.
979.012
979.012
Reporting deaths of public health concern. 979.012(1)(1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies
s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in
s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.
979.012(2)
(2) In a report under
sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:
979.012(2)(a)
(a) The illness or health condition of the deceased.
979.012(2)(b)
(b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.
979.012(2)(c)
(c) The name and address of the coroner or medical examiner.
979.012(2)(d)
(d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.
979.012 History
History: 2001 a. 109.
979.015
979.015
Subpoena for documents. Upon the request of the coroner, medical examiner or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's cause of death. The documents may include the decedent's patient health care records and treatment records, as defined in
ss. 51.30 and
146.81 (4). The documents shall be returnable to the officer named in the subpoena.
979.015 History
History: 1983 a. 279.
979.02
979.02
Autopsies. The coroner, medical examiner or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in
s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in
s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.
979.02 History
History: 1983 a. 279 s.
12; Stats. 1983 s. 979.02.
979.025
979.025
Autopsy of correctional inmate. 979.025(1)
(1)
Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under
s. 979.04 (1), the coroner or medical examiner shall follow the procedures under
s. 979.04 (2).
979.025(2)
(2) Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under
s. 301.07,
301.21, or
302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under
s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.
979.025(3)
(3) Costs of an autopsy. The costs of an autopsy performed under
sub. (1) or
(2) shall be paid by the department.
979.025 History
History: 2001 a. 16.
979.03
979.03
Autopsy for sudden infant death syndrome. If a child under the age of 2 years dies suddenly and unexpectedly under circumstances indicating that the death may have been caused by sudden infant death syndrome, the coroner or medical examiner shall notify the child's parents or guardian that an autopsy will be performed, at no cost to the parents or guardian, unless the parents or guardian object to the autopsy. The coroner or medical examiner shall conduct or shall order the conducting of an autopsy at county expense, unless parent or guardian requests in writing that an autopsy not be performed. If the autopsy reveals that sudden infant death syndrome is the cause of death, that fact shall be so stated in the autopsy report. The parents or guardian of the child shall be promptly notified of the cause of death and of the availability of counseling services.
979.03 History
History: 1977 c. 246;
1983 a. 279 s.
13; Stats. 1983 s. 979.03.
979.03 Annotation
Only when a coroner has no reason to believe that a death was caused by circumstances under s. 979.01 [now s. 979.04] other than sudden infant death syndrome does a written objection under s. 979.125 [now s. 979.03] bar an autopsy under s. 979.121 [now s. 979.02]. 68 Atty. Gen. 55.
979.04
979.04
Inquests: when called. 979.04(1)
(1) If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney shall appear in any such inquest representing the state in presenting all evidence which may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the district attorney under this subsection or by the circuit judge under
sub. (2).
979.04(2)
(2) If the coroner or medical examiner has knowledge of the death of any person in the manner described under
sub. (1), he or she shall immediately notify the district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the district attorney to order an inquest under
sub. (1). If the district attorney refuses to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the district attorney has abused his or her discretion in not ordering an inquest.
979.04(3)
(3) Subsequent to receipt of notice of the death, the district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the district attorney. The district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.
