AB783: Bill Text

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.

AB783, s. 83 Section 83. 979.10 (1) (b) of the statutes is amended to read:

AB783,39,9 979.10 (1) (b) A coroner or medical examiner shall include in any cremation permit release issued under par. (a) (ag) a statement that he or she has viewed the corpse body which is the subject of the permit release and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary. The release shall also specify the earliest date and time that the cremation may occur.

AB783, s. 84 Section 84. 979.10 (1) (c) of the statutes is renumbered 157.113.

AB783, s. 85 Section 85. 979.10 (1) (d) of the statutes is created to read:

AB783,39,20 979.10 (1) (d) If the medical certification of the cause and manner of death of a deceased is completed by a physician under s. 69.18 (2) (b) or (c), the coroner or medical examiner shall review the medical certification before issuing a cremation release for the deceased. It is not a violation of s. 69.24 for a coroner or medical examiner to make or receive a copy of a death certificate, that has not been filed under s. 69.18 (1), for purposes of this paragraph. A coroner or medical examiner may not release such a copy of a death certificate to any other person or use the copy for a purpose other than complying with the review requirement under this paragraph.

AB783, s. 86 Section 86. 979.10 (2) of the statutes is amended to read:

AB783,40,10 979.10 (2) If a corpse body is to be cremated, the coroner or medical examiner shall view the body, make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the coroner or medical examiner or district attorney's opinion attorney or attorney general determines that it is necessary to determine the cause and manner of death, perform or order an autopsy performed on the body. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact and issue a cremation release. Upon written request by the district attorney or attorney general, the coroner or medical examiner shall obtain the concurrence of the district attorney or attorney general before issuing the certification cremation release. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney or attorney general under s. 979.04 (2) and refuse to issue a cremation release until the examination or judicial inquiry is concluded.

AB783, s. 87 Section 87. 979.10 (3) of the statutes is repealed.

AB783, s. 88 Section 88. 979.10 (4) of the statutes is amended to read:

AB783,40,17 979.10 (4) Whoever accepts, receives, or takes any corpse body of a deceased person with intent to destroy the corpse body by means of cremation, or who cremates or aids and assists in the cremation of any corpse body of a deceased person without having presented the permit release specified in sub. (1) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB783, s. 89 Section 89. 979.10 (5) of the statutes is created to read:

AB783,40,22 979.10 (5) If a coroner or medical examiner issues a release to embalm authorizing the burial or entombment of a body but refuses under sub. (2) to issue a cremation release for the body, the coroner or medial examiner and county are not liable for the cost of the storing the body.

AB783, s. 90 Section 90. 979.10 (6) of the statutes is created to read:

AB783,41,3 979.10 (6) A person receiving a body under s. 157.02 (1m) (c) or 157.06 for the purpose of medical research or education shall request a cremation release from the coroner or medical examiner who has jurisdiction to issue a cremation release under s. 979.10 (1) before moving the body out of the county served by the coroner or medical examiner.

AB783, s. 91 Section 91. 979.11 of the statutes is amended to read:

AB783,41,13 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the district attorney or attorney general shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.

AB783, s. 92 Section 92. 979.22 of the statutes is amended to read:

AB783,41,20 979.22 Autopsies Fees for other autopsy and toxicological services by coroners or medical examiners. A coroner or medical examiner may perform autopsies and toxicological services not required under this chapter and may charge a fee established by the county board for such autopsies and services. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service.

AB783, s. 93 Section 93. Nonstatutory provisions.

AB783,41,25 (1) Initial terms of board members. Notwithstanding the lengths of terms of the members of the board of medicolegal investigations specified in section 15.255 (3) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB783,42,2 (a) Two members specified under section 15.255 (3) (a) to (f) of the statutes, as created by this act, for a term that expires on May 1, 2009.

AB783,42,4 (b) Three members specified under section 15.255 (3) (a) to (f) of the statutes, as created by this act, for a term that expires on May 1, 2011.

AB783,42,6 (c) Three members specified under section 15.255 (3) (a) to (f) of the statutes, as created by this act, for a term that expires on May 1, 2013.

AB783, s. 94 Section 94. Initial applicability.

AB783,42,19 (1) Death investigations; authorization to embalm or cremate; disposition of bodies. The treatment of sections 59.34 (1) (a), 69.01 (12), 69.18 (2) (d) 1. and (3) (a), 157.02 (1), (1m) (title), (2m), (3), and (4), 157.03 (1) and (2), 157.055 (2) (intro.), 165.50 (4), 346.71 (2), 440.78 (1) (b), 979.001, 979.01 (title), (1) (intro.), (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (L), (m), (n), (o), and (p), (1g), (1i), (1k), (1m), (1p), (1r), (2) (b), (3), (3m), and (4), 979.017, 979.02 (title), (2), (3), (4), (5), (6), and (7), 979.025 (title), (1), and (2), 979.03, 979.032, 979.034, 979.036, 979.04, 979.05 (2), (3), (4), (5), and (6), 979.06 (1), (2), and (4), 979.07 (1) (a), 979.08 (1), (5), (6), and (7), 979.09, 979.10 (1) (a) (intro.), 1m. and 2m., (b), (c), and (d), (2), (3), (4), (5) , and (6), 979.11, and 979.22 of the statutes, and the renumbering and amendment of sections 157.02 (2) and (5), 979.01 (2) and (4), 979.02, and 979.10 (1) (a) 1., 2., and 3. of the statutes first apply to deaths occurring on the effective date of this subsection.

AB783,42,23 (2) Disinterment permits. The treatment of sections 69.18 (4) (a) 1. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) of the statutes and the renumbering and amendment of section 69.18 (4) (a) (intro.) of the statutes first apply to disinterment permits applied for on the effective date of this subsection.

AB783,42,24 (End)