AB359, s. 10 25Section 10. 979.05 (1) of the statutes is amended to read:
AB359,6,3
1979.05 (1) An inquest shall be conducted by a circuit judge or a circuit court
2commissioner. The inquest may be held in any county in this state in which venue
3would lie for the trial of any offense charged as the result of or involving the death.
AB359, s. 11 4Section 11. 979.05 (1m) of the statutes is created to read:
AB359,6,105 979.05 (1m) The district attorney shall appear in an inquest under s. 979.04
6(1) and shall represent the state in presenting all evidence which may be relevant
7or material to the inquiry of the inquest. The attorney general, or a special
8prosecutor appointed by the attorney general, shall appear in an inquest required
9under s. 979.04 (1m) and shall represent the state in presenting all evidence which
10may be relevant or material to the inquiry of the inquest.
AB359, s. 12 11Section 12. 979.05 (1r) of the statutes is created to read:
AB359,6,1412 979.05 (1r) (a) In this subsection, "relative" means a spouse, child, stepchild,
13parent, stepparent, grandparent, stepgrandparent, brother, stepbrother, sister, or
14stepsister.
AB359,6,2015 (b) A relative of a decedent whose death is being investigated at an inquest
16under s. 979.04 (1m) may be represented by an attorney of his or her own choosing
17at the inquest proceedings. The relative's attorney may request the court to
18subpoena witnesses under s. 979.06 (1) and (2), examine and cross-examine any
19witness presenting evidence at the inquest, and argue before the judge or court
20commissioner holding the inquest.
AB359, s. 13 21Section 13. 979.05 (2) of the statutes is amended to read:
AB359,6,2522 979.05 (2) The An inquest under s. 979.04 (1) shall be conducted before a jury
23unless the district attorney, coroner, or medical examiner requests that the inquest
24be conducted before the judge or circuit court commissioner only. An inquest under
25s. 979.04 (1m) shall be conducted before a jury.
AB359,7,11
1(2m) (a) If the inquest is to be conducted before a jury, a sufficient number of
2names of prospective jurors shall be selected from the prospective juror list for the
3county in which the inquest is to be held by the clerk of circuit court in the manner
4provided in s. 756.06. The judge or circuit court commissioner conducting the inquest
5shall summon the prospective jurors to appear before the judge or circuit court
6commissioner at the time fixed in the summons. The summons may be served by
7mail, or by personal service if the judge, or circuit court commissioner, or district the
8attorney representing the state at the inquest determines personal service to be
9appropriate. The summons shall be in the form used to summon petit jurors in the
10circuit courts of the county. Any person who fails to appear when summoned as an
11inquest juror is subject to a forfeiture of not more than $40.
AB359,7,19 12(b) The inquest jury shall consist of 6 jurors except for an inquest under s.
13979.04 (1m), in which case the inquest jury shall consist of either 6 or 12 jurors, with
14the number specified by the attorney general when the inquest is called
. If 6 the
15requisite number of
jurors do does not remain from the number originally summoned
16after establishment of qualifications, the judge or circuit court commissioner
17conducting the inquest may require the clerk of the circuit court to select sufficient
18additional jurors' names. Those persons shall be summoned forthwith by the sheriff
19of the county.
AB359, s. 14 20Section 14. 979.05 (3) of the statutes is amended to read:
AB359,8,921 979.05 (3) The judge or circuit court commissioner shall examine on oath or
22affirmation each person who is called as a juror to discover whether the juror is
23related by blood, marriage, or adoption to the decedent, any member of the decedent's
24family, the district attorney, any other attorney appearing in the case, or any
25members of the office of the district attorney or of the office of any other attorney

1appearing in the case, has expressed or formed any opinion regarding the matters
2being inquired into in the inquest, or is aware of or has any bias or prejudice
3concerning the matters being inquired into in the inquest. If any prospective juror
4is found to be not indifferent or is found to have formed an opinion which cannot be
5laid aside, that juror shall be excused. The judge or circuit commissioner may select
6one or more alternate jurors if the inquest is likely to be protracted. This subsection
7does not limit the right of the district attorney representing the state at the inquest
8to supplement the judge's or circuit commissioner's examination of any prospective
9jurors as to qualifications.
AB359, s. 15 10Section 15. 979.05 (5) of the statutes is amended to read:
AB359,8,1711 979.05 (5) Prior to the submission of evidence to the jury, the judge or circuit
12court commissioner may instruct the jury on its duties and on the substantive law
13regarding the issues which may be inquired into before the jury. The district attorney
14representing the state at the inquest may, at any time during the course of the
15inquest, make statements to the jury relating to procedural or evidentiary matters
16he or she and the judge or circuit court commissioner deem appropriate. Section
17972.12 applies to the conduct of the inquest jury.
AB359, s. 16 18Section 16. 979.05 (6) of the statutes is amended to read:
AB359,8,2219 979.05 (6) The judge or circuit court commissioner conducting the an inquest
20under s. 979.04 (1) may order that proceedings be secret if the district attorney so
21requests or concurs. Proceedings of an inquest under s. 979.04 (1m) may not be
22conducted in secret.
AB359, s. 17 23Section 17. 979.06 (1) of the statutes is amended to read:
AB359,9,524 979.06 (1) The judge or circuit court commissioner may issue subpoenas for
25witnesses at the request of the coroner or medical examiner and shall issue

1subpoenas for witnesses requested by the district attorney representing the state at
2the inquest or an attorney representing a relative of the decedent under s. 979.05
3(1r)
. Subpoenas are returnable at the time and place stated therein. Persons who
4are served with a subpoena may be compelled to attend proceedings in the manner
5provided in s. 885.12.
AB359, s. 18 6Section 18. 979.06 (2) of the statutes is amended to read:
AB359,9,167 979.06 (2) The judge or circuit court commissioner conducting the inquest and,
8the district attorney representing the state at the inquest, and an attorney
9representing a relative of the decedent under s. 979.05 (1r)
may require by subpoena
10the attendance of one or more expert witnesses, including physicians, surgeons, and
11pathologists, for the purposes of conducting an examination of the body and all
12relevant and material scientific and medical tests connected with the examination
13and testifying as to the results of the examination and tests. The expert witnesses
14so subpoenaed shall receive reasonable fees determined by the district attorney, the
15attorney general, or the attorney representing a relative, whichever is applicable,

16and the judge or circuit court commissioner conducting the inquest.
AB359, s. 19 17Section 19. 979.07 (1) (a) of the statutes is amended to read:
AB359,9,2518 979.07 (1) (a) If a person refuses to testify or to produce books, papers or
19documents when required to do so before an inquest for the reason that the testimony
20or evidence required of the person may tend to incriminate him or her or subject him
21or her to a forfeiture or penalty, the person may be compelled to testify or produce the
22evidence by order of the circuit court of the county in which the inquest is convened
23on motion of the district attorney attempting to obtain the testimony or evidence.
24A person who testifies or produces evidence in obedience to the command of the court
25in that case is not subject to any forfeiture or penalty for or on account of testifying

1or producing evidence, except the person is subject to prosecution and punishment
2for perjury or false swearing committed in so testifying.
AB359, s. 20 3Section 20. 979.08 (1) of the statutes is amended to read:
AB359,10,124 979.08 (1) When the evidence is concluded and the testimony closed, the judge
5or circuit court commissioner shall instruct the jury on its duties and on the
6substantive law regarding the issues inquired into before the jury. The district
7attorney representing the state at the inquest shall prepare a written set of
8appropriate requested instructions and shall submit them to the judge or circuit
9court commissioner who, together with the district that attorney, shall compile the
10final set of instructions which shall be given. The instructions shall include those
11criminal offenses for which the judge or circuit court commissioner believes a
12reasonable jury might return a verdict based upon a finding of probable cause.
AB359, s. 21 13Section 21. 979.08 (5) of the statutes is amended to read:
AB359,10,1614 979.08 (5) The verdict delivered by the inquest jury is advisory and does not
15preclude or require the issuance of any criminal charges by the district attorney or
16the attorney general
.
AB359, s. 22 17Section 22. 979.08 (6) of the statutes is amended to read:
AB359,10,2318 979.08 (6) Any verdict so rendered, after being validated and signed by the
19judge or circuit court commissioner, together with the record of the inquest, shall be
20delivered to the district attorney representing the state at the inquest for
21consideration. After considering the verdict and record, the district attorney he or
22she
may deliver the entire inquest record or any part thereof to the coroner or medical
23examiner for safekeeping.
AB359, s. 23 24Section 23. 979.09 of the statutes is amended to read:
AB359,11,10
1979.09 Burial of body. If any judge or circuit court commissioner conducts
2an inquest as to the death of a stranger or of a person whose identity is unknown or
3whose body is unclaimed or if, in a case in which s. 979.04 (1m) does not apply, the
4district attorney determines that no inquest into the death of such a person is
5necessary and the circuit judge has not ordered an inquest under s. 979.04 (2) (a), the
6coroner or medical examiner shall cause the body to be decently buried or cremated
7and shall certify to all the charges incurred in taking any inquest by him or her and
8to the expenses of burial or cremation of the dead body. The charges and expenses
9shall be audited by the county board of the proper county and paid out of the county
10treasury.
AB359, s. 24 11Section 24. 979.10 (2) of the statutes is amended to read:
AB359,11,2212 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall
13make a careful personal inquiry into the cause and manner of death, and conduct an
14autopsy or order the conducting of an autopsy, if in his or her or the district attorney's
15opinion it is necessary to determine the cause and manner of death. If the coroner
16or medical examiner determines that no further examination or judicial inquiry is
17necessary he or she shall certify that fact. Upon written request by the district
18attorney the coroner or medical examiner shall obtain the concurrence of the district
19attorney before issuing the certification. If the coroner or medical examiner
20determines that further examination or judicial inquiry is necessary, he or she shall
21notify the district attorney under s. 979.04 (2) (a) or the district attorney and the
22attorney general under s. 979.04 (2) (b), whichever is applicable
.
AB359, s. 25 23Section 25. 979.11 of the statutes is amended to read:
AB359,12,7 24979.11 Compensation of officers. The sole compensation of the coroner and
25deputy coroners for attendance at an inquest and for any preliminary investigation

1under this chapter at the direction of the district attorney representing the state at
2the inquest
shall be a reasonable sum set by the county board for each day actually
3and necessarily required for the purpose, and a sum set by the county board for each
4mile actually and necessarily traveled in performing the duty. Any coroner or deputy
5coroner may be paid an annual salary and allowance for traveling expenses to be
6established by the county board under s. 59.22 which shall be in lieu of all fees, per
7diem and compensation for services rendered.
AB359, s. 26 8Section 26. Initial applicability.
AB359,12,109 (1) This act first applies to deaths occurring, and to inquests conducted with
10respect to deaths occurring, on the effective date of this subsection.
AB359,12,1111 (End)
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