AB783, s. 44 15Section 44. 979.01 (1) (j) to (p) of the statutes are created to read:
AB783,20,1716 979.01 (1) (j) The death occurs while the individual is detained or
17institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980.
AB783,20,2018 (k) The death occurs while the individual is receiving emergency care at a
19hospital, as defined in s. 50.33 (2) (a) and (c), or a physician's office, as defined in s.
20101.123 (1) (dg).
AB783,20,2321 (L) The death occurs during a diagnostic, anesthetic, or therapeutic procedure
22or during administration of medication and is suspected to be associated with a
23therapeutic misadventure.
AB783,21,3
1(m) The death is suspected to be associated with the abuse of a chemical
2substance that may be legally used or with the use of a controlled substances, as
3defined in s. 961.01 (4).
AB783,21,74 (n) The death is associated with an epidemic or pandemic, with the spread of
5a dangerous communicable disease, as defined by the department of health and
6family services, or with a disease-causing agent that may pose a threat to public
7health.
AB783,21,98 (o) The individual's remains are discovered outside a cemetery or documented
9burial plot.
AB783,21,1210 (p) The coroner or medical examiner for the county in which the individual was
11pronounced dead or in which the individual's body or remains were located, in a
12written and published death reporting protocol, requires that the death be reported.
AB783, s. 45 13Section 45. 979.01 (1g) of the statutes is repealed and recreated to read:
AB783,21,1614 979.01 (1g) If a law enforcement officer is notified of a death under sub. (1), the
15law enforcement officer shall immediately notify the coroner or medical examiner in
16the county in which the body or remains were located.
AB783, s. 46 17Section 46. 979.01 (1i) of the statutes is created to read:
AB783,21,2318 979.01 (1i) If there is reason to believe that a death that must be reported under
19sub. (1) was caused by a crime, injury, or other event that occurred in a county in this
20state, other than the county in which the body is located, the coroner or medical
21examiner in the county in which the body is located shall immediately notify the
22coroner or medical examiner in the county in which the crime, injury, or other event
23is believed to have occurred.
AB783, s. 47 24Section 47. 979.01 (1k) of the statutes is created to read:
AB783,22,4
1979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under
2sub. (1), the coroner or medical examiner in the county in which the crime, injury, or
3other event that caused the death occurred has jurisdiction to investigate the cause
4and manner of death.
AB783,22,105 (b) If there is reason to believe that a death that must be reported under sub.
6(1) was caused by a crime, injury, or other event that occurred outside this state, or
7if after reasonable efforts it cannot be determined where the crime, injury, or other
8event that caused the death occurred, the coroner or medical examiner in the county
9in which death is pronounced has jurisdiction to investigate the cause and manner
10of death.
AB783, s. 48 11Section 48. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and
12amended to read:
AB783,22,1713 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical
14examiner receiving notification under sub. (1) or (1g) who has jurisdiction to
15investigate a death under this section
shall immediately, within a reasonable time
16after receiving notice of the death,
notify the district attorney for his or her county
17or the attorney general of the death
.
AB783, s. 49 18Section 49. 979.01 (1m) (b) of the statutes is created to read:
AB783,22,2119 979.01 (1m) (b) Subject to s. 979.04 (2), the coroner or medical examiner is not
20required to notify the district attorney or attorney general of any deaths for which
21the district attorney, in writing, waives notice.
AB783, s. 50 22Section 50. 979.01 (1p) of the statutes is created to read:
AB783,22,2423 979.01 (1p) A coroner or medical examiner who receives notice of a death under
24sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.
AB783, s. 51 25Section 51. 979.01 (1r) of the statutes is amended to read:
AB783,23,5
1979.01 (1r) If the coroner or medical examiner is notified of a death under sub.
2(1) or (1g) and determines that his or her notification of the death was not required
3under sub. (1) or (1g),
the discovery of human remains under this section and
4determines that the remains have no forensic significance,
he or she shall notify the
5director of the historical society under s. 157.70 (3).
AB783, s. 52 6Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and
7amended to read:
AB783,23,98 979.01 (2) (a) Any person individual who violates this section shall sub. (1) may
9be fined not more than $1,000 or imprisoned not more than 90 days or both.
AB783, s. 53 10Section 53. 979.01 (2) (b) of the statutes is created to read:
AB783,23,1311 979.01 (2) (b) Any partnership, association, organization, institution, or body
12politic or corporate that violates sub. (1) may be fined not more than $10,000 or
13imprisoned not more than 90 days or both.
AB783, s. 54 14Section 54. 979.01 (3) of the statutes is repealed.
AB783, s. 55 15Section 55. 979.01 (3m) of the statutes is repealed.
AB783, s. 56 16Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to
17read:
AB783,24,718 979.105 Authorization to embalm. No person may embalm or perform an
19autopsy on
or dispose of the body of any person who has died under any of the
20circumstances listed in this section unless the person obtains the
individual whose
21death must be reported under s. 979.01 (1) without the
written authorization of the
22coroner of the county in which the injury or cause of death occurred. Such
23authorization shall be issued by the
or medical examiner who has jurisdiction to
24investigate the death under s. 979.01. An authorization to embalm shall include
25information necessary to identify the deceased, the date and place of death, the name

1of the funeral director or person acting in the place of the funeral director, and shall
2specify that the coroner or medical examiner does not provide authorization to
3override the wishes of the next of kin of the deceased with respect to disposition of
4the body. The
coroner or a deputy medical examiner, or his or her designee, shall
5issue an authorization to embalm under this section
within 12 hours after
6notification of the reportable death, or
as soon thereafter as possible in the event of
7unexplained, unusual or suspicious circumstances
after being notified of the death.
AB783, s. 57 8Section 57. 979.015 of the statutes is amended to read:
AB783,24,15 9979.015 Subpoena for documents. Upon the request of the coroner, medical
10examiner or, district attorney, or attorney general, a court shall issue a subpoena
11requiring the production of documents necessary for the determination of a
12decedent's
relevant to determining the cause or manner of a decedent's death. The
13documents may include the decedent's patient health care records and treatment
14records, as defined in ss. 51.30 and 146.81 (4).
The documents shall be returnable
15to the officer named in the subpoena.
AB783, s. 58 16Section 58. 979.017 of the statutes is created to read:
AB783,24,22 17979.017 Custody of and authorization to move a body. (1) The coroner
18or medical examiner who has jurisdiction to investigate a death under s. 979.01 has
19legal custody of the decedent's body until he or she releases the body for disposition.
20Temporary transfer of a decedent's body for the purpose of removing a body part that
21is the subject of an anatomical gift under s. 157.06 does not constitute release of legal
22custody of the body.
AB783,25,2 23(2) If an individual's death must be reported under s. 979.01 (1), no person may
24move the individual's body at or from the scene of death without authorization from
25the coroner or medical examiner to whom the death was first reported under s.

1979.01, except if it is necessary to move the body to perform search or rescue
2operations for living individuals.
AB783, s. 59 3Section 59. 979.02 (title) of the statutes is amended to read:
AB783,25,4 4979.02 (title) Autopsies and other diagnostic procedures.
AB783, s. 60 5Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to
6read:
AB783,25,237 979.02 (1) The coroner, or medical examiner or district attorney who has
8jurisdiction to investigate a death under s. 979.01
may order the conducting of that
9an autopsy upon or other appropriate diagnostic procedure be performed on the body
10of a dead person any place within the state in cases where an inquest might be had
11as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or
12conducted. The autopsy shall be conducted by a licensed physician who has
13specialized training in pathology. The district attorney may move the circuit court
14for the county in which the body is buried for an order disinterring the body for
15purposes of autopsy. The order shall be granted by the circuit court upon a
16reasonable showing that any of the criteria specified in s. 979.04 exists. This section
17does not prevent additional autopsies or examinations of the body if there are
18unanswered pathological questions concerning the death and the causes of death
the
19deceased, or may extract from the body any specimen, bodily fluids, other bodily
20material, or other material for analysis that will assist him or her in conducting a
21death investigation. The coroner or medical examiner shall dispose of specimens,
22fluids, and materials that are no longer of use in the investigation in accordance with
23standard biological material practices and county evidence retention rules.
AB783, s. 61 24Section 61. 979.02 (2) to (7) of the statutes are created to read:
AB783,26,4
1979.02 (2) The coroner or medical examiner who has jurisdiction to investigate
2a death under s. 979.01, or his or her designee, shall order that an autopsy and any
3other appropriate diagnostic procedure be performed on the body of the deceased if
4the death occurred under any of the following circumstances:
AB783,26,65 (a) The death likely resulted from a criminal act, unless the district attorney
6or attorney general waives the requirement for an autopsy.
AB783,26,77 (b) The death must be reported under s. 979.01 (1) (b), (f), (h), or (j).
AB783,26,98 (c) The deceased was under 18 years of age and the death is unexplained or
9unusual.
AB783,26,12 10(3) If the conditions for ordering an inquest under s. 979.04 (1) are satisfied,
11the district attorney or attorney general may order an autopsy conducted on the body
12of a deceased.
AB783,26,14 13(4) An autopsy ordered under this section may be performed only by a licensed
14physician who has undergone specialized training in pathology.
AB783,26,17 15(5) The requirement to order an autopsy under sub. (2) does not preclude a
16coroner or medical examiner from allowing the removal of a body part that is the
17subject of an anatomical gift under s. 157.06.
AB783,26,24 18(6) Except if ordered under sub. (3), no person may perform an autopsy on the
19body of an individual whose death must be reported under s. 979.01 (1) without the
20written authorization of the coroner or medical examiner who has jurisdiction to
21investigate the death under s. 979.01. In cases in which the coroner or medical
22examiner issues an authorization to perform an autopsy, the coroner or medical
23examiner shall, if possible, issue the authorization within 12 hours after being
24notified of the death, or as soon as possible thereafter.
AB783,27,7
1(7) If the coroner or medical examiner who has jurisdiction to investigate a
2death under s. 979.01 determines that an autopsy or analysis of specimens, bodily
3fluids, or other bodily materials is not required for an investigation of a death that
4must be reported under s. 979.01 (1), the coroner or medical examiner shall, upon the
5request of the deceased's representative, inform the deceased's representative of his
6or her right to privately contract for pathology-related services at his or her own
7expense.
AB783, s. 62 8Section 62. 979.025 (title) of the statutes is amended to read:
AB783,27,9 9979.025 (title) Autopsy Investigation of death of a correctional inmate.
AB783, s. 63 10Section 63. 979.025 (1) of the statutes is amended to read:
AB783,27,1911 979.025 (1) Inmate confined to an institution in this state. If a coroner or
12medical examiner determines that the death of
an individual dies, who died while
13he or she is in the legal custody of the department and confined to a correctional
14facility located in this state, the coroner or medical examiner of the county where the
15death occurred shall perform an autopsy on the deceased individual. If the coroner
16or medical examiner who performs the autopsy determines that the individual's
17death
may have been the result of any of the situations that would permit the district
18attorney or attorney general to order an inquest under s. 979.04 (1), the coroner or
19medical examiner shall follow the procedures under s. 979.04 (2).
AB783, s. 64 20Section 64. 979.025 (2) of the statutes is amended to read:
AB783,28,821 979.025 (2) Inmate confined in an institution in another state. If an
22individual dies while he or she is in the legal custody of the department and confined
23to a correctional facility in another state under a contract under s. 301.07, 301.21,
24or 302.25, the department shall have an autopsy and any other appropriate
25diagnostic procedure
performed by an appropriate authority in the other state or, if

1the body is returned to this state,
by order of the coroner or medical examiner of the
2county in which the circuit court is located that sentenced the individual to the
3custody of the department. If the coroner or medical examiner who performs orders
4the autopsy or other diagnostic procedure in this state determines that the
5individual's death may have been the result of any of the situations that would
6permit the district attorney to order an inquest under s. 979.04 (1), the coroner or
7medical examiner shall forward the results of the autopsy or other diagnostic
8procedure
to the appropriate authority in the other state.
AB783, s. 65 9Section 65. 979.025 (3) of the statutes is amended to read:
AB783,28,1310 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an
11autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed
12on an inmate confined in a correctional facility in this state under s. 979.02 (2) (b)

13shall be paid by the department.
AB783, s. 66 14Section 66. 979.027 of the statutes is created to read:
AB783,28,25 15979.027 Disinterment for autopsy or other diagnostic procedure. The
16district attorney or attorney general may move the circuit court for the county in
17which a body is buried for an order disinterring the body for the purpose of
18conducting an autopsy or other diagnostic procedures. The order shall be granted
19by the circuit court upon a reasonable showing that any of the criteria specified in
20s. 979.04 exists. The clerk of the circuit court shall send a copy of the order to the
21coroner or medical examiner in the county in which the body is buried. Upon receipt
22of the order, the coroner or medical examiner shall issue a permit for disinterment
23and reinterment under s. 69.18 (4) (c). This section does not preclude the
24performance of additional autopsies or examinations of the body if there are
25unanswered pathological questions concerning the death and the causes of death.
AB783, s. 67
1Section 67. 979.03 of the statutes is repealed.
AB783, s. 68 2Section 68. 979.032 of the statutes is created to read:
AB783,29,6 3979.032 Coroner or medical examiner investigation records. (1) The
4coroner or medical examiner shall create and maintain, in accordance with rules
5promulgated under s. 165.65 (4), a record for each investigation conducted under s.
6979.01 that includes all of the following:
AB783,29,77 (a) The full name of the deceased and any known alias used by the deceased.
AB783,29,88 (b) A coroner or medical examiner case number.
AB783,29,99 (c) A case activity log.
AB783,29,1610 (d) An investigation report containing any personal information regarding the
11deceased that is relevant to determining the cause and manner of death, the medical
12history of the deceased, information relevant to the circumstances of the death, death
13scene observations, findings regarding the body of the deceased that are relevant to
14determining the cause of death, notation of evidence recovered, including any visual
15documentation, a list of other persons or agencies involved in the investigation, and
16a list of persons interviewed by the coroner or medical examiner regarding the case.
AB783,29,1717 (e) A written autopsy report, if an autopsy is completed.
AB783,29,2018 (f) Documentation of the chain of custody of all evidence and property obtained
19by the coroner or medical examiner, including an inventory sheet, described under
20s. 979.036 (2), of prescription medications, if applicable.
AB783,29,23 21(2) The coroner or medical examiner shall maintain investigation records
22created under sub. (1) in an office that is owned or leased by the county, maintained
23by the county, and designated as the office of the county coroner or medical examiner.
AB783,30,3
1(3) Subject to ss. 165.65 (5) and 979.034, the coroner or medical examiner shall
2maintain written policies regarding access to investigation records created or
3maintained under this section.
AB783, s. 69 4Section 69. 979.034 of the statutes is created to read:
AB783,30,11 5979.034 Confidentiality of coroner or medical examiner investigation
6records and information.
(1) The coroner or medical examiner shall keep
7confidential all records obtained under s. 51.30 (4) (b) 28. or 146.82 (2) (a) 18., all
8confidential documents obtained by subpoena under s. 979.015, and any information
9contained in such records or documents, except that the coroner or medical examiner
10may divulge such information as necessary to complete a medical certification under
11s. 69.18 (2).
AB783,30,19 12(2) The coroner or medical examiner shall keep records of autopsies and other
13diagnostic procedures, including any photographs or other pictorial images of the
14deceased made in connection with an autopsy, and information learned from an
15autopsy or other diagnostic procedure confidential. The coroner or medical examiner
16may not release such records or information except to persons listed under s. 146.82
17(2) who may access patient health care records without the patient's informed
18consent, to the deceased's representative or his or her designee, or for educational
19purposes.
AB783,30,25 20(3) If a law enforcement agency, or a district attorney investigating a death, or
21the attorney general, requests that the coroner or medical examiner keep
22investigation records under s. 979.032 and information related to an investigation
23confidential, the coroner or medical examiner shall keep such records and
24information confidential for as long as the law enforcement agency, district attorney,
25or attorney general requests.
AB783, s. 70
1Section 70. 979.036 of the statutes is created to read:
AB783,31,9 2979.036 Handling of personal property of deceased. (1) Each coroner or
3medical examiner shall keep an inventory of any money or other property that the
4coroner or medical examiner takes from a death scene or from a deceased person and
5does not immediately provide to a law enforcement agency as evidence. The coroner
6or medical examiner shall release any such property, other than prescription
7medication, that belonged to the deceased to the deceased's representative unless the
8property is needed as evidence or unless a court has issued an order to hold the
9property for payment of fees associated with the disposal of the body.
AB783,31,20 10(2) If the coroner or medical examiner takes prescription medications from a
11death scene or from the body of a deceased, the coroner or medical examiner shall list
12them on an inventory sheet and sign the inventory sheet. If the coroner or medical
13examiner does not provide the prescription medications to a law enforcement agency
14as evidence, the coroner or medical examiner shall destroy them in accordance with
15applicable county evidence retention policies and appropriate standards for disposal
16of medications, except that the coroner or medical examiner shall donate those
17prescription medications that satisfy the standards under s. 255.056 (3) to the drug
18repository program under s. 255.056 or to another similar drug repository program.
19The coroner or medical examiner shall indicate on the inventory sheet the disposition
20of the prescription medications.
AB783, s. 71 21Section 71. 979.04 of the statutes is amended to read:
AB783,32,12 22979.04 Inquests: when called. (1) If the district attorney or attorney general
23has notice of the death of any person and there is reason to believe from the
24circumstances surrounding the death that felony murder, first-degree or
252nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide,

1homicide by negligent handling of dangerous weapon, explosives or fire, homicide by
2negligent operation of vehicle, homicide resulting from negligent control of a vicious
3animal, or homicide by intoxicated user of a vehicle or firearm may have been
4committed, or that death may have been due to suicide or unexplained or suspicious
5circumstances, the district attorney or attorney general may order that an inquest
6be conducted for the purpose of inquiring how the person died. The district attorney
7or attorney general shall appear in any such inquest representing the state in
8presenting all evidence which may be relevant or material to the inquiry of the
9inquest. The inquest may be held in any county in this state in which venue would
10lie for the trial of any offense charged as the result of or involving the death. An
11inquest may only be ordered by the district attorney or attorney general under this
12subsection or by the circuit judge under sub. (2).
AB783,32,21 13(2) If the coroner or medical examiner has knowledge of the death of any person
14in the manner described under sub. (1), he or she shall immediately notify the district
15attorney or attorney general. The notification shall include information concerning
16the circumstances surrounding the death. The coroner or medical examiner may
17request the district attorney or attorney general to order an inquest under sub. (1).
18If the district attorney refuses and attorney general refuse to order the inquest, a
19coroner or medical examiner may petition the circuit court to order an inquest. The
20court may issue the order if it finds that the district attorney has and attorney
21general have
abused his or her their discretion in not ordering an inquest.
AB783,33,2 22(3) Subsequent to receipt of notice of the death, the district attorney or attorney
23general
may request the coroner or medical examiner to conduct a preliminary
24investigation and report back to the district attorney or attorney general. The
25district attorney or attorney general may determine the scope of the preliminary

1investigation. This subsection does not limit or prevent any other investigation into
2the death by any law enforcement agency with jurisdiction over the investigation.
AB783, s. 72 3Section 72. 979.05 (2), (3), (4), (5) and (6) of the statutes are amended to read:
AB783,33,214 979.05 (2) The inquest shall be conducted before a jury unless the district
5attorney, attorney general, coroner, or medical examiner requests that the inquest
6be conducted before the judge or circuit court commissioner only. If the inquest is to
7be conducted before a jury, a sufficient number of names of prospective jurors shall
8be selected from the prospective juror list for the county in which the inquest is to
9be held by the clerk of circuit court in the manner provided in s. 756.06. The judge
10or circuit court commissioner conducting the inquest shall summon the prospective
11jurors to appear before the judge or circuit court commissioner at the time fixed in
12the summons. The summons may be served by mail, or by personal service if the
13judge, circuit court commissioner, or district attorney , or attorney general
14determines personal service to be appropriate. The summons shall be in the form
15used to summon petit jurors in the circuit courts of the county. Any person who fails
16to appear when summoned as an inquest juror is subject to a forfeiture of not more
17than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from
18the number originally summoned after establishment of qualifications, the judge or
19circuit court commissioner conducting the inquest may require the clerk of the circuit
20court to select sufficient additional jurors' names. Those persons shall be summoned
21forthwith by the sheriff of the county.
AB783,34,10 22(3) The judge or circuit court commissioner shall examine on oath or
23affirmation each person who is called as a juror to discover whether the juror is
24related by blood, marriage or adoption to the decedent, any member of the decedent's
25family, the district attorney, the attorney general, any other attorney appearing in

1the case, or any members of the office of the district attorney, the attorney general,
2or of the office of any other attorney appearing in the case, has expressed or formed
3any opinion regarding the matters being inquired into in the inquest or is aware of
4or has any bias or prejudice concerning the matters being inquired into in the
5inquest. If any prospective juror is found to be not indifferent or is found to have
6formed an opinion which cannot be laid aside, that juror shall be excused. The judge
7or circuit commissioner may select one or more alternate jurors if the inquest is likely
8to be protracted. This subsection does not limit the right of the district attorney or
9attorney general
to supplement the judge's or circuit commissioner's examination of
10any prospective jurors as to qualifications.
AB783,34,13 11(4) When 6 jurors have been selected, the judge or circuit court commissioner
12shall administer to them an oath or affirmation which that shall be substantially in
13the following form:
AB783,34,1914 You do solemnly swear (affirm) that you will diligently inquire and determine
15on behalf of this state when, and in what manner and by what means, the person
16known as .... .... who is now dead came to his or her death and that you will return
17a true verdict thereon according to your knowledge, according to the evidence
18presented and according to the instructions given to you by the .... (judge) (circuit
19court commissioner).
AB783,35,2 20(5) Prior to the submission of evidence to the jury, the judge or circuit court
21commissioner may instruct the jury on its duties and on the substantive law
22regarding the issues which may be inquired into before the jury. The district attorney
23or attorney general may, at any time during the course of the inquest, make
24statements to the jury relating to procedural or evidentiary matters he or she and

1the judge or circuit court commissioner deem appropriate. Section 972.12 applies to
2the conduct of the inquest jury.
AB783,35,5 3(6) The judge or circuit court commissioner conducting the inquest may order
4that proceedings be secret if the district attorney or attorney general so requests or
5concurs.
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