LRB-5085/2
JEO:jlg:lp
1997 - 1998 LEGISLATURE
March 17, 1998 - Introduced by Representatives Goetsch, Porter, Olsen, Dobyns,
Owens, Musser, J. Lehman and Gronemus, cosponsored by Senators
Fitzgerald and Roessler. Referred to Committee on Criminal Justice and
Corrections.
AB926,1,4
1An Act to renumber and amend 979.015;
to amend 979.015 (title); and
to
2create 979.015 (2) of the statutes;
relating to: access to records of county
3sheriffs, superintendents of county houses of correction and the department of
4corrections for coroners and medical examiners.
Analysis by the Legislative Reference Bureau
Currently, if a person dies under certain circumstances, such as in a case of
homicide or suicide, or due to poisoning or an accident, the coroner or medical
examiner of the county where the death occurred must be notified. Once the coroner
or medical examiner is notified of the death, 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. In addition, in homicide and
suicide cases, or in cases in which the death occurred under unexplained or
suspicious circumstances, the coroner or medical examiner may order the taking of
an autopsy. Finally, the coroner or medical examiner may request a court to issue
a subpoena requiring the production of any documents, including medical records,
that are needed for the coroner or medical examiner to make a determination of the
cause of death.
This bill provides that, instead of having to request a court to issue a subpoena,
a coroner or medical examiner may directly request the department of corrections
(DOC) a county sheriff or a superintendent of a county house of correction to produce
any documents, including medical records, that are in the possession, custody or
control of the sheriff, superintendent or DOC and that are needed for the coroner or
medical examiner to make a determination of the cause of a person's death. If a
coroner or medical examiner requests such documents from a sheriff,
superintendent or DOC, the sheriff, superintendent or DOC must allow the coroner
or medical examiner to inspect and copy the documents. Under the bill, a coroner
or medical examiner could still request a court to issue a subpoena requiring any
person, including a sheriff, superintendent or DOC, to produce documents, as
provided under current law.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB926, s. 1
1Section
1. 979.015 (title) of the statutes is amended to read:
AB926,2,3
2979.015 (title)
Subpoena for documents; access to documents without
3subpoena.
AB926, s. 2
4Section
2. 979.015 of the statutes is renumbered 979.015 (1) and amended to
5read:
AB926,2,86
979.015
(1) Upon the request of
the
a coroner, medical examiner or district
7attorney, a court shall issue a subpoena requiring the production of documents
8necessary for the determination of a decedent's cause of death.
AB926,2,11
9(3) The documents
required to be produced under sub. (1) or (2) may include
10the decedent's patient health care records and treatment records, as defined in ss.
1151.30 and 146.81 (4).
The
AB926,2,13
12(4) If documents are required to be produced by a subpoena issued under sub.
13(1), the documents shall be returnable to the officer named in the subpoena.
AB926, s. 3
14Section
3. 979.015 (2) of the statutes is created to read:
AB926,3,215
979.015
(2) Upon the request of a coroner or medical examiner, a sheriff, a
16superintendent of a house of correction or the department shall produce for
17inspection and copying by the coroner or medical examiner any documents that are
1in the possession, custody or control of the sheriff, superintendent or department and
2that are necessary for the determination of a decedent's cause of death.
