AB783: Bill Text

AB783, s. 54 Section 54. 979.01 (3) of the statutes is repealed.

AB783, s. 55 Section 55. 979.01 (3m) of the statutes is repealed.

AB783, s. 56 Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to read:

AB783,24,7 979.105 Authorization to embalm. No person may embalm or perform an autopsy on or dispose of the body of any person who has died under any of the circumstances listed in this section unless the person obtains the individual whose death must be reported under s. 979.01 (1) without 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 or medical examiner who has jurisdiction to investigate the death under s. 979.01. An authorization to embalm shall include information necessary to identify the deceased, the date and place of death, the name of the funeral director or person acting in the place of the funeral director, and shall specify that the coroner or medical examiner does not provide authorization to override the wishes of the next of kin of the deceased with respect to disposition of the body. The coroner or a deputy medical examiner, or his or her designee, shall issue an authorization to embalm under this section within 12 hours after notification of the reportable death, or as soon thereafter as possible in the event of unexplained, unusual or suspicious circumstances after being notified of the death.

AB783, s. 57 Section 57. 979.015 of the statutes is amended to read:

AB783,24,15 979.015 Subpoena for documents. Upon the request of the coroner, medical examiner or, district attorney, or attorney general, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's relevant to determining the cause or manner of a decedent's 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.

AB783, s. 58 Section 58. 979.017 of the statutes is created to read:

AB783,24,22 979.017 Custody of and authorization to move a body. (1) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 has legal custody of the decedent's body until he or she releases the body for disposition. Temporary transfer of a decedent's body for the purpose of removing a body part that is the subject of an anatomical gift under s. 157.06 does not constitute release of legal custody of the body.

AB783,25,2 (2) If an individual's death must be reported under s. 979.01 (1), no person may move the individual's body at or from the scene of death without authorization from the coroner or medical examiner to whom the death was first reported under s. 979.01, except if it is necessary to move the body to perform search or rescue operations for living individuals.

AB783, s. 59 Section 59. 979.02 (title) of the statutes is amended to read:

AB783,25,4 979.02 (title) Autopsies and other diagnostic procedures.

AB783, s. 60 Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to read:

AB783,25,23 979.02 (1) The coroner, or medical examiner or district attorney who has jurisdiction to investigate a death under s. 979.01 may order the conducting of that an autopsy upon or other appropriate diagnostic procedure be performed on 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 the deceased, or may extract from the body any specimen, bodily fluids, other bodily material, or other material for analysis that will assist him or her in conducting a death investigation. The coroner or medical examiner shall dispose of specimens, fluids, and materials that are no longer of use in the investigation in accordance with standard biological material practices and county evidence retention rules.

AB783, s. 61 Section 61. 979.02 (2) to (7) of the statutes are created to read:

AB783,26,4 979.02 (2) The coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01, or his or her designee, shall order that an autopsy and any other appropriate diagnostic procedure be performed on the body of the deceased if the death occurred under any of the following circumstances:

AB783,26,6 (a) The death likely resulted from a criminal act, unless the district attorney or attorney general waives the requirement for an autopsy.

AB783,26,7 (b) The death must be reported under s. 979.01 (1) (b), (f), (h), or (j).

AB783,26,9 (c) The deceased was under 18 years of age and the death is unexplained or unusual.

AB783,26,12 (3) If the conditions for ordering an inquest under s. 979.04 (1) are satisfied, the district attorney or attorney general may order an autopsy conducted on the body of a deceased.

AB783,26,14 (4) An autopsy ordered under this section may be performed only by a licensed physician who has undergone specialized training in pathology.

AB783,26,17 (5) The requirement to order an autopsy under sub. (2) does not preclude a coroner or medical examiner from allowing the removal of a body part that is the subject of an anatomical gift under s. 157.06.

AB783,26,24 (6) Except if ordered under sub. (3), no person may perform an autopsy on the body of an individual whose death must be reported under s. 979.01 (1) without the written authorization of the coroner or medical examiner who has jurisdiction to investigate the death under s. 979.01. In cases in which the coroner or medical examiner issues an authorization to perform an autopsy, the coroner or medical examiner shall, if possible, issue the authorization within 12 hours after being notified of the death, or as soon as possible thereafter.

AB783,27,7 (7) If the coroner or medical examiner who has jurisdiction to investigate a death under s. 979.01 determines that an autopsy or analysis of specimens, bodily fluids, or other bodily materials is not required for an investigation of a death that must be reported under s. 979.01 (1), the coroner or medical examiner shall, upon the request of the deceased's representative, inform the deceased's representative of his or her right to privately contract for pathology-related services at his or her own expense.

AB783, s. 62 Section 62. 979.025 (title) of the statutes is amended to read:

AB783,27,9 979.025 (title) Autopsy Investigation of death of a correctional inmate.

AB783, s. 63 Section 63. 979.025 (1) of the statutes is amended to read:

AB783,27,19 979.025 (1) Inmate confined to an institution in this state. If a coroner or medical examiner determines that the death of an individual dies, who died 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 or attorney general to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

AB783, s. 64 Section 64. 979.025 (2) of the statutes is amended to read:

AB783,28,8 979.025 (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 and any other appropriate diagnostic procedure performed by an appropriate authority in the other state or, if the body is returned to this state, by order of 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 orders the autopsy or other diagnostic procedure 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 or other diagnostic procedure to the appropriate authority in the other state.

AB783, s. 65 Section 65. 979.025 (3) of the statutes is amended to read:

AB783,28,13 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed on an inmate confined in a correctional facility in this state under s. 979.02 (2) (b) shall be paid by the department.

AB783, s. 66 Section 66. 979.027 of the statutes is created to read:

AB783,28,25 979.027 Disinterment for autopsy or other diagnostic procedure. The district attorney or attorney general may move the circuit court for the county in which a body is buried for an order disinterring the body for the purpose of conducting an autopsy or other diagnostic procedures. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. The clerk of the circuit court shall send a copy of the order to the coroner or medical examiner in the county in which the body is buried. Upon receipt of the order, the coroner or medical examiner shall issue a permit for disinterment and reinterment under s. 69.18 (4) (c). This section does not preclude the performance of additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.

AB783, s. 67 Section 67. 979.03 of the statutes is repealed.

AB783, s. 68 Section 68. 979.032 of the statutes is created to read:

AB783,29,6 979.032 Coroner or medical examiner investigation records. (1) The coroner or medical examiner shall create and maintain, in accordance with rules promulgated under s. 165.65 (4), a record for each investigation conducted under s. 979.01 that includes all of the following:

AB783,29,7 (a) The full name of the deceased and any known alias used by the deceased.

AB783,29,8 (b) A coroner or medical examiner case number.

AB783,29,9 (c) A case activity log.

AB783,29,16 (d) An investigation report containing any personal information regarding the deceased that is relevant to determining the cause and manner of death, the medical history of the deceased, information relevant to the circumstances of the death, death scene observations, findings regarding the body of the deceased that are relevant to determining the cause of death, notation of evidence recovered, including any visual documentation, a list of other persons or agencies involved in the investigation, and a list of persons interviewed by the coroner or medical examiner regarding the case.

AB783,29,17 (e) A written autopsy report, if an autopsy is completed.

AB783,29,20 (f) Documentation of the chain of custody of all evidence and property obtained by the coroner or medical examiner, including an inventory sheet, described under s. 979.036 (2), of prescription medications, if applicable.

AB783,29,23 (2) The coroner or medical examiner shall maintain investigation records created under sub. (1) in an office that is owned or leased by the county, maintained by the county, and designated as the office of the county coroner or medical examiner.

AB783,30,3 (3) Subject to ss. 165.65 (5) and 979.034, the coroner or medical examiner shall maintain written policies regarding access to investigation records created or maintained under this section.

AB783, s. 69 Section 69. 979.034 of the statutes is created to read:

AB783,30,11 979.034 Confidentiality of coroner or medical examiner investigation records and information. (1) The coroner or medical examiner shall keep confidential all records obtained under s. 51.30 (4) (b) 28. or 146.82 (2) (a) 18., all confidential documents obtained by subpoena under s. 979.015, and any information contained in such records or documents, except that the coroner or medical examiner may divulge such information as necessary to complete a medical certification under s. 69.18 (2).

AB783,30,19 (2) The coroner or medical examiner shall keep records of autopsies and other diagnostic procedures, including any photographs or other pictorial images of the deceased made in connection with an autopsy, and information learned from an autopsy or other diagnostic procedure confidential. The coroner or medical examiner may not release such records or information except to persons listed under s. 146.82 (2) who may access patient health care records without the patient's informed consent, to the deceased's representative or his or her designee, or for educational purposes.

AB783,30,25 (3) If a law enforcement agency, or a district attorney investigating a death, or the attorney general, requests that the coroner or medical examiner keep investigation records under s. 979.032 and information related to an investigation confidential, the coroner or medical examiner shall keep such records and information confidential for as long as the law enforcement agency, district attorney, or attorney general requests.

AB783, s. 70 Section 70. 979.036 of the statutes is created to read:

AB783,31,9 979.036 Handling of personal property of deceased. (1) Each coroner or medical examiner shall keep an inventory of any money or other property that the coroner or medical examiner takes from a death scene or from a deceased person and does not immediately provide to a law enforcement agency as evidence. The coroner or medical examiner shall release any such property, other than prescription medication, that belonged to the deceased to the deceased's representative unless the property is needed as evidence or unless a court has issued an order to hold the property for payment of fees associated with the disposal of the body.

AB783,31,20 (2) If the coroner or medical examiner takes prescription medications from a death scene or from the body of a deceased, the coroner or medical examiner shall list them on an inventory sheet and sign the inventory sheet. If the coroner or medical examiner does not provide the prescription medications to a law enforcement agency as evidence, the coroner or medical examiner shall destroy them in accordance with applicable county evidence retention policies and appropriate standards for disposal of medications, except that the coroner or medical examiner shall donate those prescription medications that satisfy the standards under s. 255.056 (3) to the drug repository program under s. 255.056 or to another similar drug repository program. The coroner or medical examiner shall indicate on the inventory sheet the disposition of the prescription medications.

AB783, s. 71 Section 71. 979.04 of the statutes is amended to read:

AB783,32,12 979.04 Inquests: when called. (1) If the district attorney or attorney general 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 or attorney general may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney or attorney general 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 or attorney general under this subsection or by the circuit judge under sub. (2).

AB783,32,21 (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 or attorney general. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the district attorney or attorney general to order an inquest under sub. (1). If the district attorney refuses and attorney general refuse 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 and attorney general have abused his or her their discretion in not ordering an inquest.

AB783,33,2 (3) Subsequent to receipt of notice of the death, the district attorney or attorney general may request the coroner or medical examiner to conduct a preliminary investigation and report back to the district attorney or attorney general. The district attorney or attorney general 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.

AB783, s. 72 Section 72. 979.05 (2), (3), (4), (5) and (6) of the statutes are amended to read:

AB783,33,21 979.05 (2) The inquest shall be conducted before a jury unless the district attorney, attorney general, coroner, or medical examiner requests that the inquest be conducted before the judge or circuit court commissioner only. If the inquest is to be conducted before a jury, a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or circuit court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or circuit court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, circuit court commissioner, or district attorney , or attorney general determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or circuit court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.

AB783,34,10 (3) The judge or circuit court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood, marriage or adoption to the decedent, any member of the decedent's family, the district attorney, the attorney general, any other attorney appearing in the case, or any members of the office of the district attorney, the attorney general, or of the office of any other attorney appearing in the case, has expressed or formed any opinion regarding the matters being inquired into in the inquest or is aware of or has any bias or prejudice concerning the matters being inquired into in the inquest. If any prospective juror is found to be not indifferent or is found to have formed an opinion which cannot be laid aside, that juror shall be excused. The judge or circuit commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection does not limit the right of the district attorney or attorney general to supplement the judge's or circuit commissioner's examination of any prospective jurors as to qualifications.

AB783,34,13 (4) When 6 jurors have been selected, the judge or circuit court commissioner shall administer to them an oath or affirmation which that shall be substantially in the following form:

AB783,34,19 You do solemnly swear (affirm) that you will diligently inquire and determine on behalf of this state when, and in what manner and by what means, the person known as .... .... who is now dead came to his or her death and that you will return a true verdict thereon according to your knowledge, according to the evidence presented and according to the instructions given to you by the .... (judge) (circuit court commissioner).

AB783,35,2 (5) Prior to the submission of evidence to the jury, the judge or circuit court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury. The district attorney or attorney general may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters he or she and the judge or circuit court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.

AB783,35,5 (6) The judge or circuit court commissioner conducting the inquest may order that proceedings be secret if the district attorney or attorney general so requests or concurs.

AB783, s. 73 Section 73. 979.06 (1), (2) and (4) of the statutes are amended to read:

AB783,35,12 979.06 (1) The judge or circuit court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the district attorney or attorney general. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

AB783,35,20 (2) The judge or circuit court commissioner conducting the inquest and the district attorney or attorney general may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons, and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the district attorney or attorney general and the judge or circuit court commissioner conducting the inquest.

AB783,35,22 (4) The judge or circuit court commissioner shall administer an oath or affirmation to each witness which that shall be substantially in the following form:

AB783,35,25 You do solemnly swear (affirm) that the evidence and testimony you give to this inquest concerning the death of the person known as .... .... shall be the truth, the whole truth and nothing but the truth.

AB783, s. 74 Section 74. 979.07 (1) (a) of the statutes is amended to read:

AB783,36,11 979.07 (1) (a) If a person refuses to testify or to produce books, papers or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the district attorney or attorney general. A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.

AB783, s. 75 Section 75. 979.08 (1) of the statutes is amended to read:

AB783,36,21 979.08 (1) When the evidence is concluded and the testimony closed, the judge or circuit court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The district attorney or attorney general shall prepare a written set of appropriate requested instructions and shall submit them to the judge or circuit court commissioner who, together with the district attorney or attorney general, shall compile the final set of instructions which shall be given. The instructions shall include those criminal offenses for which the judge or circuit court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.

AB783, s. 76 Section 76. 979.08 (5) of the statutes is amended to read:

AB783,36,25 979.08 (5) The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the district attorney or attorney general.

AB783, s. 77 Section 77. 979.08 (6) of the statutes is amended to read:

AB783,37,7 979.08 (6) Any verdict so rendered, after being validated and signed by the judge or circuit court commissioner, together with the record of the inquest, shall be delivered to the district attorney or attorney general for consideration. After considering the verdict and record, the district attorney or attorney general may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.

AB783, s. 78 Section 78. 979.08 (7) of the statutes is amended to read:

AB783,37,11 979.08 (7) The record of a secret inquest proceeding shall not be open for inspection unless so ordered by the judge or circuit court commissioner conducting the inquest upon petition by the district attorney or attorney general.

AB783, s. 79 Section 79. 979.09 of the statutes is amended to read:

AB783,38,2 979.09 Burial Disposition of an unidentified or unclaimed body. If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), a coroner or medical examiner has custody of an unidentified or unclaimed body of an individual whose death was investigated under s. 979.01, and the coroner or medical examiner has made reasonable efforts to identify the body or locate the deceased's representative, the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury with funds other than funds appropriated for the operation of the coroner's or medical examiner's office. The immunity provisions under s. 157.02 (2m) (b) apply to a coroner's or medical examiner's actions under this section.

AB783, s. 80 Section 80. 979.10 (1) (a) (intro.) of the statutes is amended to read:

AB783,38,7 979.10 (1) (a) (intro.) No person may cremate the corpse body of a deceased person within 48 hours after the pronouncement of death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. and one of the following conditions applies:

AB783,38,9 (ag) No person may cremate a corpse body unless the person has received a cremation permit release from one of the following:

AB783, s. 81 Section 81. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10 (1) (ag) 1., 2. and 3. and amended to read:

AB783,38,14 979.10 (1) (ag) 1. The coroner or medical examiner in the county where the death occurred was pronounced if the death occurred was pronounced in this state; and the death was not subject to an investigation under s. 979.01.

AB783,38,17 2. The coroner or medical examiner in the county where the crime, injury, or other event which that caused the death occurred if the death occurred in this state and if the death is the subject of an investigation under s. 979.01 ; or.

AB783,38,21 3. The coroner or medical examiner of the county where the corpse body is to be cremated if the death occurred was pronounced outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.

AB783, s. 82 Section 82. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB783,38,24 979.10 (1) (a) 1m. The body must be cremated immediately to effectively contain the disease.

AB783,39,2 2m. A public health authority orders sooner disposal of the body under s. 157.055 (2) (c) during a state of emergency related to public health.