AB480: Bill Text

AB480,7,1 a. An autopsy performed under s. 979.025.

AB480,7,3 b. An inquest ordered under s. 979.04 if the inquest is not secret under s. 979.05 (6).

AB480,7,5 c. A secret inquest if a judge or circuit court commissioner has authorized the board to inspect the record of the inquest under s. 979.08 (7).

AB480,7,10 (4) (a) Except as provided in sub. (5), within 30 days after the meeting during which the board completes its review of an inmate's or resident's death, the inmate and resident mortality board shall prepare a summary report of the board's review of the inmate's or resident's death and submit that summary report to all of the following:

AB480,7,11 1. The appropriate relative of the deceased.

AB480,7,12 2. The secretary of corrections.

AB480,7,13 3. If appropriate, the attorney general or district attorney.

AB480,7,15 4. Notwithstanding s. 13.172 (3), the chairperson and the ranking minority member of the appropriate standing committee of the assembly and senate.

AB480,7,18 (b) The board may include patient health care or treatment records in a report prepared under par. (a), but only to the minimum extent necessary to summarize its conclusions regarding the inmate's or resident's death.

AB480,7,24 (5) If there is a criminal investigation of an inmate's or resident's death, the board may not issue a final report under sub. (4) regarding the board's review of the inmate's or resident's death until after that criminal investigation is completed. Any report issued before completion of the criminal investigation is preliminary and is subject to modification based on information received as a result of the criminal investigation.

AB480,8,10 (6) The inmate and resident mortality board shall make recommendations to the department regarding medical and other prison procedures, based on the board's review of an inmate's or resident's death. The board shall also refer concerns or recommendations to the department related to the performance of staff, including violations by staff of departmental policies, procedures, or work rules related to the circumstances surrounding the death. The inmate and resident mortality board shall prepare and forward a complaint to the appropriate credentialing board, as defined in s. 440.01 (2) (bm), if, during the board's review of an inmate's or resident's death, the board determines that a medical provider failed to provide the appropriate, proper, and necessary medical care.

AB480,8,13 (7) Subchapter V of ch. 19 does not apply to meetings of the inmate and resident mortality board. Records prepared under this section are not subject to inspection or copying under s. 19.35 (1).

AB480, s. 11 Section 11. 979.04 (1) of the statutes is amended to read:

AB480,9,4 979.04 (1) If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney shall appear in any such inquest representing the state in presenting all evidence which may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the district attorney under this subsection, by the attorney general under sub. (2) (b), or by the circuit judge under sub. (2) (d).

AB480, s. 12 Section 12. 979.04 (2) of the statutes is renumbered 979.04 (2) (a) and amended to read:

AB480,9,9 979.04 (2) (a) If the coroner or medical examiner has knowledge of the death of any that a person has died in the manner described under sub. (1), he or she shall immediately notify the district attorney. The

AB480,9,11 (c) A notification given by a coroner or medical examiner under par. (a) or (b) shall include information concerning the circumstances surrounding the death.

AB480,9,19 (d) The coroner or medical examiner may request the district attorney, if notified under par. (a) or (b), or the attorney general, if notified under par. (b) to order an inquest under sub. (1). If the district attorney refuses and, in cases involving an inmate or resident to whom s. 979.025 (1) applies, the attorney general refuse to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the district attorney has and, in cases involving an inmate or resident to whom s. 979.025 (1) applies, the attorney general, have abused his or her discretion in not ordering an inquest.

AB480, s. 13 Section 13. 979.04 (2) (b) of the statutes is created to read:

AB480,9,24 979.04 (2) (b) If the coroner or medical examiner has knowledge that a person to whom s. 979.025 (1) applies has died in the manner described under sub. (1), the coroner or medical examiner shall immediately notify the district attorney and the attorney general. When notified of a death under this paragraph, the attorney general shall have the same powers and duties that a district attorney has with respect to an inquest.

AB480, s. 14 Section 14. 979.08 (7) of the statutes is amended to read:

AB480,10,8 979.08 (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, in a case in which the circumstances of a person's death are reviewed under s. 979.028, the inmate and resident mortality board.

AB480, s. 15 Section 15. 979.09 of the statutes is amended to read:

AB480,10,18 979.09 Burial of 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), (d), 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.

AB480, s. 16 Section 16. 979.10 (1) (a) 2. of the statutes is amended to read:

AB480,10,23 979.10 (1) (a) 2. The Unless an autopsy is required under s. 979.025 (1), the coroner or medical examiner in the county where the event which 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

AB480, s. 17 Section 17. 979.10 (2) of the statutes is amended to read:

AB480,11,10 979.10 (2) If a corpse is to be cremated, the coroner or medical examiner shall 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 district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 (2) (a).

AB480, s. 18 Section 18. Nonstatutory provisions.

AB480,11,19 (1) Notwithstanding the length of terms for the members of the inmate and resident mortality board specified in section 15.145 (4) of the statutes, as created by this act, 3 initial members of the board appointed by the governor and 2 initial members appointed by the secretary of corrections shall be for a term of 4 years; 3 initial members of the board appointed by the governor and one initial member appointed by the secretary of corrections shall be for a term of 3 years; and 2 initial members of the board appointed by the governor and one initial member appointed by the secretary of corrections shall be for a term of 2 years.

AB480,11,20 (End)