LRB-3686/2
RLR:kmg:rs
2001 - 2002 LEGISLATURE
October 29, 2001 - Introduced by Representatives Johnsrud, Pettis, Suder,
Loeffelholz, Huebsch, Ladwig, Ott, Albers, Musser, Bies, Gunderson,
Freese, Sykora, Stone, Williams, Vrakas, Petrowski, Underheim, Kreibich
and Shilling, cosponsored by Senator Darling. Referred to Committee on
Personal Privacy.
AB604,1,2
1An Act to create 979.028 of the statutes;
relating to: confidentiality of autopsy
2reports.
Analysis by the Legislative Reference Bureau
Under current law, the public generally has a right to inspect or copy public
records unless otherwise provided by law or unless the custodian of the record
demonstrates that the public interest in withholding access to a record outweighs the
strong public interest in providing access. Public records include any writing,
drawing, or printed, spoken, visual, or electromagnetic information that is recorded
or preserved, and that is maintained by a government entity or government official.
Autopsy reports, including pictures taken during autopsies, are public records, if
maintained by a government official or entity, including a coroner, medical examiner,
or district attorney. Autopsy records are therefore open to public inspection unless
a current law exception applies to the records (for example, district attorney records
are generally confidential) or unless the custodian determines that the public
interest in withholding an autopsy report outweighs the public interest in providing
access.
This bill creates an exception to the public right to inspect or copy public records
specifically for autopsy reports. The bill also prohibits the custodian of an autopsy
record or any person involved in conducting an autopsy from releasing to the public
any information learned during an autopsy concerning the deceased or the cause of
his or her death without permission from the deceased's next of kin, except
information necessary to complete the medical certification on a certificate of death.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB604, s. 1
1Section
1. 979.028 of the statutes is created to read:
AB604,2,9
2979.028 Confidentiality of autopsy records. Autopsy records, including
3photographs or other pictorial images of a deceased person that are taken during an
4autopsy, are confidential and are not subject to the right of inspection or copying
5under s. 19.35 (1). Except as required to complete a medical certification of death
6under s. 69.18 (2), the custodian of an autopsy record or a person involved in
7conducting an autopsy may not release to the public any information learned as a
8result of an autopsy concerning the deceased or the cause of his or her death without
9permission from the deceased's next of kin.
