AB867-ASA1,42
3Section
42. 979.01 (4) of the statutes is renumbered 979.105 and amended to
4read:
AB867-ASA1,23,18
5979.105 Authorization to embalm a body. No person may embalm
or
6perform an autopsy on the body of
any person who has died under any of the
7circumstances listed in this section or on the body of any person whose death
has
8been must be reported under s. 948.23 (1) (b)
unless the person obtains or 979.01 (1)
9without the written authorization of the coroner
or medical examiner of the county
10in which the injury or cause of death occurred.
Such authorization shall be issued
11by the An authorization under this section shall include information necessary to
12identify the deceased, the date and place of death, and the name of the funeral
13director or person acting in place of the funeral director and shall specify that the
14authorization does not override the wishes of the next of kin of the deceased with
15respect to disposition of the body. The coroner or a deputy
or a medical examiner, or
16his or her designee, shall issue an authorization under this section within 12 hours
17after notification of the reportable death, or as soon
thereafter as possible in the
18event of unexplained, unusual or suspicious circumstances.
AB867-ASA1,43
19Section
43. 979.025 (2) of the statutes is amended to read:
AB867-ASA1,24,620
979.025
(2) Inmate confined in an institution in another state. If an
21individual dies while he or she is in the legal custody of the department and confined
22to a correctional facility in another state under a contract under s. 301.07, 301.21,
23or 302.25, the department shall have an autopsy
and any other appropriate
24diagnostic procedure performed by an appropriate authority in the other state or by
25the coroner or medical examiner of the county in which the circuit court is located
1that sentenced the individual to the custody of the department. If the coroner or
2medical examiner who performs the autopsy
or other diagnostic procedure in this
3state determines that the individual's death may have been the result of any of the
4situations that would permit the district attorney to order an inquest under s. 979.04
5(1), the coroner or medical examiner shall forward the results of the autopsy
or other
6diagnostic procedure to the appropriate authority in the other state.
AB867-ASA1,44
7Section
44. 979.025 (3) of the statutes is amended to read:
AB867-ASA1,24,108
979.025
(3) Costs of an autopsy
and diagnostic procedure. The costs of an
9autopsy
or other diagnostic procedure performed under sub. (1) or (2) shall be paid
10by the department.
AB867-ASA1,45
11Section
45. 979.027 of the statutes is created to read:
AB867-ASA1,24,20
12979.027 Disinterment for autopsy or other diagnostic procedure. The
13district attorney may move the circuit court for the county in which a body is buried
14for an order disinterring the body for the purpose of conducting an autopsy or other
15diagnostic procedures. The order shall be granted by the circuit court upon a
16reasonable showing that any of the criteria specified in s. 979.04 (1) exists. The clerk
17of the circuit court shall send a copy of the order to the coroner or medical examiner
18in the county in which the body is buried. Upon receipt of the order, the coroner or
19medical examiner shall issue a permit for disinterment and reinterment under s.
2069.18 (4) (c).
AB867-ASA1,46
21Section
46. 979.036 of the statutes is created to read:
AB867-ASA1,25,4
22979.036 Handling of personal property of deceased. (1) Each coroner or
23medical examiner shall keep an inventory of any money or other property that the
24coroner or medical examiner takes from a death scene or from a deceased and does
25not immediately provide to a law enforcement agency as evidence. The coroner or
1medical examiner shall release any such property, other than prescription
2medication, that belonged to the deceased to a representative of the deceased unless
3the property is needed as evidence or unless a court has issued an order to hold the
4property for payment of fees associated with the disposal of the body.
AB867-ASA1,25,15
5(2) If the coroner or medical examiner takes prescription medications from a
6death scene or from the body of a deceased, the coroner or medical examiner shall list
7them on an inventory sheet and sign the inventory sheet. If the coroner or medical
8examiner does not provide the prescription medications to a law enforcement agency
9as evidence, the coroner or medical examiner shall destroy them in accordance with
10applicable county evidence retention policies and appropriate standards for disposal
11of medications, except that the coroner or medical examiner shall donate those
12prescription medications that satisfy the requirements under s. 255.056 (3) to the
13drug repository program under s. 255.056 or to another similar drug repository
14program. The coroner or medical examiner shall indicate on the inventory sheet the
15disposition of the prescription medications.
AB867-ASA1,47
16Section
47. 979.09 of the statutes is amended to read:
AB867-ASA1,26,6
17979.09 Burial
Disposition of an unidentified or unclaimed body. If
any
18judge or circuit court commissioner conducts an inquest as to the death of a stranger
19or of a person whose identity is unknown or whose body is unclaimed or if the district
20attorney determines that no inquest into the death of such a person is necessary and
21the circuit judge has not ordered an inquest under s. 979.04 (2),
a coroner or medical
22examiner has custody of an unidentified or unclaimed body of an individual whose
23death was investigated under s. 979.01, and the coroner or medical examiner has
24made reasonable efforts to identify the body or locate a representative of the
25deceased, the coroner or medical examiner shall cause the body to be decently buried
1or cremated and shall certify
to all the charges incurred in taking any inquest by him
2or her and to the expenses of burial or cremation of the
dead body. The charges and
3expenses shall be audited by the county board of the proper county and paid
out of
4the county treasury with funds other than funds appropriated for the operation of
5the coroner's or medical examiner's office. The immunity provisions under s. 157.02
6(2m) (b) and (c) apply to a coroner's or medical examiner's actions under this section.
AB867-ASA1,48
7Section
48. 979.10 (1) (a) (intro.) of the statutes is amended to read:
AB867-ASA1,26,118
979.10
(1) (a) (intro.) No person may cremate the
corpse body of a deceased
9person within 48 hours after
the pronouncement of death
, or the discovery of the
10death, of the deceased person unless the death was caused by a contagious or
11infectious disease
. and one of the following conditions applies:
AB867-ASA1,26,13
12(ag) No person may cremate a
corpse body unless the person has received a
13cremation permit from
one of the following:
AB867-ASA1,49
14Section
49. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10
15(1) (ag) 1., 2. and 3. and amended to read:
AB867-ASA1,26,1816
979.10
(1) (ag) 1. The coroner or medical examiner in the county where the
17death
occurred was pronounced if the death
occurred was pronounced in this state
; 18and the death was not subject to an investigation under s. 979.01.
AB867-ASA1,26,2219
2. The coroner or medical examiner
in the county where the event which caused
20the death occurred if the death occurred in this state and
who investigated the death 21if the death
was pronounced in this state and is
the subject
of to an investigation
22under s. 979.01
; or.
AB867-ASA1,27,223
3. The coroner or medical examiner of the county where the
corpse body is to
24be cremated if the death
occurred was pronounced outside this state.
A cremation
1permit issued under this subdivision may not be used in any county except the county
2in which the cremation permit is issued.
AB867-ASA1,50
3Section
50. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:
AB867-ASA1,27,54
979.10
(1) (a) 1m. The person determines that the body must be cremated
5immediately to effectively contain the disease.
AB867-ASA1,27,76
2m. A public health authority orders sooner disposal of the body under s.
7157.055 (2) (c) during a state of emergency related to public health.
AB867-ASA1,51
8Section
51. 979.10 (1) (b) of the statutes is amended to read:
AB867-ASA1,27,149
979.10
(1) (b) A coroner or medical examiner shall include in any cremation
10permit issued under par.
(a) (ag) a statement that he or she has viewed the
corpse 11body which is the subject of the permit and made personal inquiry into the cause and
12manner of death under sub. (2) and is of the opinion that no further examination or
13judicial inquiry is necessary.
The permit shall also specify the earliest date and time
14that the cremation may occur.
AB867-ASA1,52
15Section
52. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended
16to read:
AB867-ASA1,27,20
17157.113 Permission to place cremated human remains in cemetery. No
18person may deposit any cremated
human remains
of a corpse in
any a cemetery
,
19including in the casket of another person, without the permission of the
person who
20owns or is in charge of the cemetery cemetery authority.
AB867-ASA1,53
21Section
53. 979.10 (2) of the statutes is amended to read:
AB867-ASA1,28,622
979.10
(2) If a
corpse
body is to be cremated, the coroner or medical examiner
23shall make a careful personal inquiry into the cause and manner of death, and
24conduct an autopsy or order the conducting of an autopsy, if in his or her or the district
25attorney's opinion it is necessary to determine the cause and manner of death. If the
1coroner or medical examiner determines that no further examination or judicial
2inquiry is necessary
, he or she shall certify that fact. Upon written request by the
3district attorney the coroner or medical examiner shall obtain the concurrence of the
4district attorney before issuing the certification. If the coroner or medical examiner
5determines that further examination or judicial inquiry is necessary, he or she shall
6notify the district attorney under s. 979.04 (2).
AB867-ASA1,54
7Section
54. 979.10 (3) of the statutes is repealed.
AB867-ASA1,55
8Section
55. 979.10 (4) of the statutes is amended to read:
AB867-ASA1,28,139
979.10
(4) Whoever accepts, receives, or takes any
corpse body of a deceased
10person with intent to destroy the
corpse
body by means of cremation, or who cremates
11or aids and assists in the cremation of any
corpse
body of a deceased person without
12having presented the permit specified in sub. (1)
(ag), shall be fined not more than
13$10,000 or imprisoned not more than 9 months or both.
AB867-ASA1,56
14Section
56. 979.22 of the statutes is amended to read:
AB867-ASA1,28,20
15979.22 Autopsies
Fees for other autopsy and toxicological services by
16coroners or medical examiners. A
coroner or medical examiner may perform
17autopsies and toxicological services not required under this chapter and may charge
18a fee established by the county board for such autopsies and services. The fee may
19not exceed an amount reasonably related to the actual and necessary cost of
20providing the service
and autopsy.
AB867-ASA1,28,2522
(1)
Examining board; initial terms. Notwithstanding the length of terms
23specified for the members of the medicolegal investigation examining board under
24section 15.405 (18) of the statutes, as created by this act, initial appointments to the
25medicolegal investigation examining board shall be made as follows:
AB867-ASA1,29,4
1(a) The members under section 15.405 (18) (a) of the statutes, as created by this
2act, the member under section 15.405 (18) (c) of the statutes, as created by this act,
3and the member under section 15.405 (18) (e) of the statutes, as created by this act,
4shall be appointed for terms expiring on July 1, 2016.
AB867-ASA1,29,85
(b) The members under section 15.405 (18) (am) of the statutes, as created by
6this act, the member under section 15.405 (18) (d) of the statutes, as created by this
7act, and the member under section 15.405 (18) (g) of the statutes, as created by this
8act, shall be appointed for terms expiring on July 1, 2018.
AB867-ASA1,29,119
(c) The members under section 15.405 (18) (b) of the statutes, as created by this
10act, and the member under section 15.405 (18) (i) of the statutes, as created by this
11act, shall be appointed for terms expiring on July 1, 2020.
AB867-ASA1,29,1212
(2)
Examining board; provisional appointments.
AB867-ASA1,29,2113
(a)
Notwithstanding section 15.08 (1) of the statutes, the governor may
14provisionally appoint initial members of the medicolegal investigation examining
15board under section 15.405 (18) of the statutes, as created by this act. Those
16provisional appointments remain in force until withdrawn by the governor or acted
17upon by the senate, and if confirmed by the senate shall continue for the remainder
18of the unexpired term, if any, of the member and until a successor is chosen and
19qualifies. A provisional appointee may exercise all the powers and duties of board
20membership to which the person is appointed during the time in which the appointee
21qualifies.
AB867-ASA1,30,222
(b)
A provisional appointment made under paragraph (a
) that is withdrawn by
23the governor lapses upon withdrawal and creates a vacancy for provisional
24appointment of another initial member of the medicolegal investigation examining
25board. Any provisional appointment made under paragraph (a) that is rejected by
1the senate lapses upon rejection and creates a vacancy for nomination and
2appointment under section 15.08 (1) of the statutes of another initial board member.
AB867-ASA1,30,133
(3)
Examining board; emergency rule authority. The medicolegal
4investigation examining board may promulgate emergency rules under section
5227.24 of the statutes as required under section 465.05 (1) (a) of the statutes, as
6created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes,
7emergency rules promulgated under this subsection remain in effect for one year, or
8until the date on which permanent rules take effect, whichever is sooner.
9Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the medicolegal
10investigation examining board is not required to provide evidence that promulgating
11a rule under this subsection as an emergency rule is necessary for the preservation
12of the public peace, health, safety, or welfare and is not required to provide a finding
13of emergency for a rule promulgated under this subsection.
AB867-ASA1,30,2315
(1)
Death investigations; authorization to embalm or dispose of a body;
16cremation permit; disposition of bodies. The treatment of sections 69.01 (12), 69.18
17(2) (d) 1., 2., and 3., and (3) (a), (b), and (d), 157.02 (1), (1m) (title), (2), (2m), (3), (4),
18and (5), 157.03 (1) and (2), 157.055 (2) (intro.), 346.71 (2), 440.78 (1) (b), 979.01 (1p),
19(1r), and (4), 979.025 (2) and (3), 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2.,
202m., and 3., (b), and (c), (2), (3), and (4), and 979.22 of the statutes, the renumbering
21and amendment of section 979.01 (1m) of the statutes, and the creation of section
22979.01 (1m) (b) of the statutes first apply to deaths occurring on the effective date of
23this subsection.
AB867-ASA1,31,3
1(2)
Disinterment permits. The treatment of sections 69.18 (4) (a) (intro.) and
21g. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) and 157.112 (3) (intro.) of the statutes
3first applies to disinterments performed on the effective date of this subsection.
AB867-ASA1,59
4Section
59.
Effective dates. This act takes effect on the day after publication,
5except as follows:
AB867-ASA1,31,96
(1)
The treatment of sections 440.03 (9) (a) (intro.) and (bm) and (13) (b) 38d.,
7440.05 (intro.), 440.08 (2) (a) 46t., 465.05 (1) (b), (c), (dm), and (e) and (2) (a), 465.10,
8and 465.15 of the statutes takes effect on the first day of the 13th month beginning
9after publication.