AB867,33,32 979.01 (1p) A coroner or medical examiner who receives notice of a death under
3sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.
AB867,51 4Section 51. 979.01 (1r) of the statutes is amended to read:
AB867,33,95 979.01 (1r) If the coroner or medical examiner is notified of a death under sub.
6(1) or (1g) and determines that his or her notification of the death was not required
7under sub. (1) or (1g),
the discovery of human remains under this section and
8determines that the human remains have no forensic significance,
he or she shall
9notify the director of the historical society under s. 157.70 (3).
AB867,52 10Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and
11amended to read:
AB867,33,1412 979.01 (2) (a) Unless s. 948.23 (1) (b) applies and except as provided in par. (b),
13any person who violates this section shall sub. (1) may be fined not more than $1,000
14or imprisoned not more than 90 days or both.
AB867,53 15Section 53. 979.01 (2) (b) of the statutes is created to read:
AB867,33,1716 979.01 (2) (b) Any partnership, association, organization, institution, or body
17politic or corporate that violates sub. (1) may be fined not more than $10,000.
AB867,54 18Section 54. 979.01 (3) of the statutes is repealed.
AB867,55 19Section 55. 979.01 (3m) of the statutes is repealed.
AB867,56 20Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to
21read:
AB867,34,14 22979.105 Authorization to embalm or dispose of a body. No person may
23embalm or perform an autopsy on dispose of, by burial, entombment, cremation,
24delivery to a university or school under s. 157.02 (3), or delivery to a medical or dental
25school anatomy department under s. 157.06,
the body of any person who has died

1under any of the circumstances listed in this section or on the body of any person
2whose death has been reported under s. 948.23 (1) (b) unless the person obtains the

3individual whose death must be reported under s. 948.23 (1) (b) or 979.01 (1) without
4the
written authorization of the coroner of the county in which the injury or cause
5of death occurred. Such authorization shall be issued by the
or medical examiner
6who has jurisdiction to investigate the death under s. 979.01. An authorization
7under this section shall include information necessary to identify the deceased, the
8date and place of death, the name of the funeral director or person acting in the place
9of the funeral director, and shall specify that the authorization does not override the
10wishes of the next of kin of the deceased with respect to disposition of the body. The

11coroner or a deputy within 12 hours after notification of the reportable death, or
12medical examiner, or his or her designee, shall issue an authorization under this
13section
as soon thereafter as possible in the event of unexplained, unusual or
14suspicious circumstances
after being notified of the death.
AB867,57 15Section 57. 979.015 of the statutes is amended to read:
AB867,34,22 16979.015 Subpoena for documents. Upon the request of the coroner, medical
17examiner, or district attorney, a court shall issue a subpoena requiring the
18production of documents necessary for the determination of a decedent's relevant to
19determining the
cause or manner of a deceased's death. The documents may include
20the decedent's patient health care records and treatment records, as defined in ss.
2151.30 and 146.81 (4).
The documents shall be returnable to the officer named in the
22subpoena.
AB867,58 23Section 58. 979.017 of the statutes is created to read:
AB867,35,5 24979.017 Custody of and authorization to move a body. (1) After any
25crime scene investigation has been completed, the coroner or medical examiner who

1has jurisdiction to investigate a death under s. 979.01 has legal custody of the
2deceased's body until he or she releases the body for disposition. Temporary transfer
3of a deceased's body for the purpose of removing a body part that is the subject of an
4anatomical gift under s. 157.06 does not constitute release of legal custody of the
5body.
AB867,35,11 6(2) If an individual's death must be reported under s. 979.01 (1), no person may
7move the individual's body at or from the scene of death without authorization from
8both the law enforcement agency investigating the death and the coroner or medical
9examiner to whom the death was first reported under s. 979.01, except if it is
10necessary to move the body to perform search or rescue operations for living
11individuals.
AB867,59 12Section 59. 979.02 (title) of the statutes is amended to read:
AB867,35,13 13979.02 (title) Autopsies and other diagnostic procedures.
AB867,60 14Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to
15read:
AB867,36,716 979.02 (1) The coroner, or medical examiner or district attorney who has
17jurisdiction to investigate a death under s. 979.01
may order the conducting of that
18an autopsy upon or other appropriate diagnostic procedure be performed on the body
19of a dead person any place within the state in cases where an inquest might be had
20as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or
21conducted. The autopsy shall be conducted by a licensed physician who has
22specialized training in pathology. The district attorney may move the circuit court
23for the county in which the body is buried for an order disinterring the body for
24purposes of autopsy. The order shall be granted by the circuit court upon a
25reasonable showing that any of the criteria specified in s. 979.04 exists. This section

1does not prevent additional autopsies or examinations of the body if there are
2unanswered pathological questions concerning the death and the causes of death
the
3deceased, or may extract from the body any specimen, bodily fluids, other bodily
4material, or other material for analysis that will assist him or her in conducting a
5death investigation. The coroner or medical examiner shall dispose of specimens,
6fluids, and materials that are no longer of use in the investigation in accordance with
7standard biological material practices and county evidence retention rules
.
AB867,61 8Section 61. 979.02 (2) to (7) of the statutes are created to read:
AB867,36,129 979.02 (2) The coroner or medical examiner who has jurisdiction to investigate
10a death under s. 979.01, or his or her designee, shall order that an autopsy and any
11other appropriate diagnostic procedure be performed on the body of the deceased if
12any of the following applies:
AB867,36,1513 (a) The coroner or medical examiner has reason to believe that the death
14resulted from a criminal act, unless the district attorney waives the requirement for
15an autopsy.
AB867,36,1716 (b) The death must be reported under s. 979.01 (1) (b) or (c), unless the district
17attorney waives the requirement for an autopsy.
AB867,36,1918 (c) The deceased was under 18 years of age and the death is unexplained or
19unusual.
AB867,36,2120 (d) The deceased was under 2 years of age and the death occurred under
21circumstances indicating sudden infant death syndrome.
AB867,36,24 22(3) The district attorney may order an autopsy conducted on the body of a
23deceased regardless of whether the conditions for ordering an inquest under s.
24979.04 (1) are satisfied.
AB867,37,2
1(4) An autopsy ordered under this section may be performed only by a licensed
2physician who has undergone specialized training in pathology.
AB867,37,5 3(5) The requirement to order an autopsy under sub. (2) does not preclude a
4coroner or medical examiner from allowing the removal of a body part that is the
5subject of an anatomical gift under s. 157.06.
AB867,37,12 6(6) Except if ordered under sub. (3), no person may perform an autopsy on the
7body of an individual whose death must be reported under s. 948.23 (1) (b) or 979.01
8(1) without the written authorization of the coroner or medical examiner who has
9jurisdiction to investigate the death under s. 979.01. In cases in which the coroner
10or medical examiner issues an authorization to perform an autopsy, the coroner or
11medical examiner shall, if possible, issue the authorization within 12 hours after
12being notified of the death, or as soon as possible thereafter.
AB867,37,20 13(7) If the coroner or medical examiner who has jurisdiction to investigate a
14death under s. 979.01 determines that an autopsy or analysis of specimens, bodily
15fluids, or other bodily materials is not required for an investigation of a death that
16must be reported under s. 948.23 (1) (b) or 979.01 (1) and a representative of the
17deceased inquires about performance of an autopsy or analysis of specimens, bodily
18fluids, or other bodily materials, the coroner or medical examiner shall inform the
19representative of the deceased that the representative of the deceased may contract
20for pathology-related services at his or her own expense.
AB867,62 21Section 62. 979.025 (2) of the statutes is amended to read:
AB867,38,822 979.025 (2) Inmate confined in an institution in another state. If an
23individual dies while he or she is in the legal custody of the department and confined
24to a correctional facility in another state under a contract under s. 301.07, 301.21,
25or 302.25, the department shall have an autopsy and any other appropriate

1diagnostic procedure
performed by an appropriate authority in the other state or by
2the coroner or medical examiner of the county in which the circuit court is located
3that sentenced the individual to the custody of the department. If the coroner or
4medical examiner who performs the autopsy or other diagnostic procedure in this
5state determines that the individual's death may have been the result of any of the
6situations that would permit the district attorney to order an inquest under s. 979.04
7(1), the coroner or medical examiner shall forward the results of the autopsy or other
8diagnostic procedure
to the appropriate authority in the other state.
AB867,63 9Section 63. 979.025 (3) of the statutes is amended to read:
AB867,38,1310 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an
11autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed
12on an inmate confined in a correctional facility in this state whose death must be
13reported under s. 979.01 (1) (b)
shall be paid by the department.
AB867,64 14Section 64. 979.027 of the statutes is created to read:
AB867,38,23 15979.027 Disinterment for autopsy or other diagnostic procedure. The
16district attorney may move the circuit court for the county in which a body is buried
17for an order disinterring the body for the purpose of conducting an autopsy or other
18diagnostic procedures. The order shall be granted by the circuit court upon a
19reasonable showing that any of the criteria specified in s. 979.04 (1) exists. The clerk
20of the circuit court shall send a copy of the order to the coroner or medical examiner
21in the county in which the body is buried. Upon receipt of the order, the coroner or
22medical examiner shall issue a permit for disinterment and reinterment under s.
2369.18 (4) (c).
AB867,65 24Section 65. 979.03 of the statutes is repealed.
AB867,66 25Section 66. 979.032 of the statutes is created to read:
AB867,39,3
1979.032 Coroner or medical examiner investigation records. (1) The
2coroner or medical examiner shall create and maintain for each investigation
3conducted under s. 979.01 a record that contains all of the following:
AB867,39,44 (a) The full name of the deceased and any known alias used by the deceased.
AB867,39,55 (b) A coroner or medical examiner case number.
AB867,39,66 (c) A case activity log.
AB867,39,137 (d) An investigation report containing any personal information regarding the
8deceased that is relevant to determining the cause and manner of death, the medical
9history of the deceased, information relevant to the circumstances of the death, death
10scene observations, findings regarding the body of the deceased that are relevant to
11determining the cause of death, notation of evidence recovered, including any visual
12documentation, a list of other persons or agencies involved in the investigation, and
13a list of persons interviewed by the coroner or medical examiner regarding the case.
AB867,39,1414 (e) A written autopsy report, if an autopsy is conducted.
AB867,39,1715 (f) Documentation of the chain of custody of all evidence and property obtained
16by the coroner or medical examiner, including an inventory sheet of prescription
17medications, described under s. 979.036 (2), if applicable.
AB867,39,20 18(2) The coroner or medical examiner shall maintain investigation records
19created under sub. (1) in an office that is owned or leased by the county, maintained
20by the county, and designated as the office of the county coroner or medical examiner.
AB867,39,23 21(3) Subject to s. 979.034, the coroner or medical examiner shall maintain
22written policies regarding access to investigation records created or maintained
23under this section.
AB867,67 24Section 67. 979.034 of the statutes is created to read:
AB867,40,8
1979.034 Confidentiality of coroner or medical examiner investigation
2records and information.
(1) The coroner or medical examiner shall keep
3confidential all records obtained under s. 51.30 (4) (b) 29. or 146.82 (2) (a) 18., all
4confidential documents obtained by subpoena under s. 979.015, and any information
5contained in such records or documents, except that the coroner or medical examiner
6may divulge such information as necessary to complete a medical certification under
7s. 69.18 (2) and shall provide access to information and records to law enforcement
8and district attorneys.
AB867,40,16 9(2) The coroner or medical examiner shall keep records of autopsies and other
10diagnostic procedures, including any photographs or other pictorial images of the
11deceased made in connection with a death investigation, and information learned
12from a death investigation or other diagnostic procedure confidential. The coroner
13or medical examiner may not release such records or information except to persons
14to whom the deceased's patient health care records may be released under s. 146.82
15(2) without informed consent, to a representative of the deceased or his or her
16designee, or for educational purposes.
AB867,40,22 17(3) If a law enforcement agency, or a district attorney, investigating a death
18requests that the coroner or medical examiner keep investigation records under s.
19979.032 and information related to an investigation confidential, the coroner or
20medical examiner shall keep such records and information confidential for as long
21as the law enforcement agency has an open death investigation or the district
22attorney requests.
AB867,68 23Section 68. 979.036 of the statutes is created to read:
AB867,41,6 24979.036 Handling of personal property of deceased. (1) Each coroner or
25medical examiner shall keep an inventory of any money or other property that the

1coroner or medical examiner takes from a death scene or from a deceased and does
2not immediately provide to a law enforcement agency as evidence. The coroner or
3medical examiner shall release any such property, other than prescription
4medication, that belonged to the deceased to a representative of the deceased unless
5the property is needed as evidence or unless a court has issued an order to hold the
6property for payment of fees associated with the disposal of the body.
AB867,41,17 7(2) If the coroner or medical examiner takes prescription medications from a
8death scene or from the body of a deceased, the coroner or medical examiner shall list
9them on an inventory sheet and sign the inventory sheet. If the coroner or medical
10examiner does not provide the prescription medications to a law enforcement agency
11as evidence, the coroner or medical examiner shall destroy them in accordance with
12applicable county evidence retention policies and appropriate standards for disposal
13of medications, except that the coroner or medical examiner shall donate those
14prescription medications that satisfy the requirements under s. 255.056 (3) to the
15drug repository program under s. 255.056 or to another similar drug repository
16program. The coroner or medical examiner shall indicate on the inventory sheet the
17disposition of the prescription medications.
AB867,69 18Section 69. 979.09 of the statutes is amended to read:
AB867,42,8 19979.09 Burial Disposition of an unidentified or unclaimed body. If any
20judge or circuit court commissioner conducts an inquest as to the death of a stranger
21or of a person whose identity is unknown or whose body is unclaimed or if the district
22attorney determines that no inquest into the death of such a person is necessary and
23the circuit judge has not ordered an inquest under s. 979.04 (2),
a coroner or medical
24examiner has custody of an unidentified or unclaimed body of an individual whose
25death was investigated under s. 979.01, and the coroner or medical examiner has

1made reasonable efforts to identify the body or locate a representative of the
2deceased,
the coroner or medical examiner shall cause the body to be decently buried
3or cremated and shall certify to all the charges incurred in taking any inquest by him
4or her and to
the expenses of burial or cremation of the dead body. The charges and
5expenses shall be audited by the county board of the proper county and paid out of
6the county treasury
with funds other than funds appropriated for the operation of
7the coroner's or medical examiner's office. The immunity provisions under s. 157.02
8(2m) (b) and (c) apply to a coroner's or medical examiner's actions under this section
.
AB867,70 9Section 70. 979.10 (1) (a) (intro.) of the statutes is amended to read:
AB867,42,1310 979.10 (1) (a) (intro.) No person may cremate the corpse body of a deceased
11person within 48 hours after the pronouncement of death, or the discovery of the
12death, of the deceased person
unless the death was caused by a contagious or
13infectious disease. and one of the following conditions applies:
AB867,42,15 14(ag) No person may cremate a corpse body unless the person has received a
15cremation permit release from one of the following:
AB867,71 16Section 71. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10
17(1) (ag) 1., 2. and 3. and amended to read:
AB867,42,2018 979.10 (1) (ag) 1. The coroner or medical examiner in the county where the
19death occurred was pronounced if the death occurred was pronounced in this state;
20and the death was not subject to an investigation under s. 979.01.
AB867,42,2421 2. The coroner or medical examiner in the county where the event which caused
22the death occurred if the death occurred in this state and
who investigated the death
23if the death was pronounced in this state and is the subject of to an investigation
24under s. 979.01; or.
AB867,43,4
13. The coroner or medical examiner of the county where the corpse body is to
2be cremated if the death occurred was pronounced outside this state. A cremation
3permit issued under this subdivision may not be used in any county except the county
4in which the cremation permit is issued.
AB867,72 5Section 72. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:
AB867,43,76 979.10 (1) (a) 1m. The person determines that the body must be cremated
7immediately to effectively contain the disease.
AB867,43,98 2m. A public health authority orders sooner disposal of the body under s.
9157.055 (2) (c) during a state of emergency related to public health.
AB867,73 10Section 73. 979.10 (1) (b) of the statutes is amended to read:
AB867,43,1611 979.10 (1) (b) A coroner or medical examiner shall include in any cremation
12permit release issued under par. (a) (ag) a statement that he or she has viewed the
13corpse body which is the subject of the permit release and made personal inquiry into
14the cause and manner of death under sub. (2) and is of the opinion that no further
15examination or judicial inquiry is necessary. The release shall also specify the
16earliest date and time that the cremation may occur.
AB867,74 17Section 74. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended
18to read:
AB867,43,21 19157.113 Permission required to deposit cremated remains in cemetery.
20No person may deposit any cremated remains of a corpse in any cemetery without
21the permission of the person who owns or is in charge of the cemetery authority.
AB867,75 22Section 75. 979.10 (1) (d) of the statutes is created to read:
AB867,44,623 979.10 (1) (d) If the medical certification of the cause and manner of death of
24a deceased is completed by a physician under s. 69.18 (2) (b) or (c), the coroner or
25medical examiner shall review the medical certification before issuing a cremation

1release for the deceased. It is not a violation of s. 69.24 for a coroner or medical
2examiner to make or receive a copy of a death certificate, that has not been filed
3under s. 69.18 (1), for purposes of this paragraph. A coroner or medical examiner
4may not release such a copy of a death certificate to any other person or use the copy
5for a purpose other than complying with the review requirement under this
6paragraph.
AB867,76 7Section 76. 979.10 (2) of the statutes is amended to read:
AB867,44,218 979.10 (2) If a corpse is to be cremated person requests a cremation release, the
9coroner or medical examiner shall view the body, make a careful personal inquiry
10into the cause and manner of death, and conduct an autopsy or order the conducting
11of an autopsy
, if in his or her or the coroner, medical examiner, or district attorney's
12opinion
attorney determines that it is necessary to determine the cause and manner
13of death, perform or order an autopsy performed on the body. If the coroner or
14medical examiner determines that no further examination or judicial inquiry is
15necessary, he or she shall certify that fact and issue a cremation release. Upon
16written request by the district attorney the coroner or medical examiner shall obtain
17the concurrence of the district attorney before issuing the certification cremation
18release
. If the coroner or medical examiner determines that further examination or
19judicial inquiry is necessary, he or she shall notify the district attorney under s.
20979.04 (2) and refuse to issue a cremation release until the examination or judicial
21inquiry is concluded
.
AB867,77 22Section 77. 979.10 (3) of the statutes is repealed.
AB867,78 23Section 78. 979.10 (4) of the statutes is amended to read:
AB867,45,324 979.10 (4) Whoever accepts, receives, or takes any corpse body of a deceased
25person with intent to destroy the corpse body by means of cremation, or who cremates

1or aids and assists in the cremation of any corpse body of a deceased person without
2having presented the permit release specified in sub. (1) (ag), shall be fined not more
3than $10,000 or imprisoned not more than 9 months or both.
AB867,79 4Section 79. 979.10 (5) of the statutes is created to read:
AB867,45,85 979.10 (5) If a coroner or medical examiner issues an authorization under s.
6979.105 for a body but refuses to issue a cremation release for the body under sub.
7(2), the coroner or medical examiner and the county are not liable for the cost of
8storing the body.
AB867,80 9Section 80. 979.10 (6) of the statutes is created to read:
AB867,45,1410 979.10 (6) A person receiving a body under s. 157.02 (1m) (c) or 157.06 for the
11purpose of medical research or education shall request a cremation release from the
12coroner or medical examiner who has jurisdiction to issue a cremation release under
13sub. (1) (ag) before moving the body out of the county served by the coroner or medical
14examiner.
AB867,81 15Section 81. 979.22 of the statutes is amended to read:
AB867,45,22 16979.22 Autopsies Fees for other autopsy and toxicological services
17other diagnostic procedures by coroners or medical examiners. A coroner
18or
medical examiner may perform autopsies and toxicological services other
19diagnostic procedures
not required under this chapter and may charge a fee
20established by the county board for such autopsies and services procedures. The fee
21may not exceed an amount reasonably related to the actual and necessary cost of
22providing the service autopsy and procedures.
AB867,82 23Section 82 . Nonstatutory provisions.
AB867,46,224 (1) Examining board; initial terms. Notwithstanding the length of terms
25specified for the members of the medicolegal investigation examining board under

1section 15.405 (18) of the statutes, as created by this act, initial appointments to the
2medicolegal investigation examining board shall be made as follows:
AB867,46,63 (a) The members under section 15.405 (18) (a) of the statutes, as created by this
4act, the member under section 15.405 (18) (c) of the statutes, as created by this act,
5and the member under section 15.405 (18) (e) of the statutes, as created by this act,
6shall be appointed for terms expiring on July 1, 2016.
AB867,46,107 (b) The members under section 15.405 (18) (am) of the statutes, as created by
8this act, the member under section 15.405 (18) (d) of the statutes, as created by this
9act, and the member under section 15.405 (18) (g) of the statutes, as created by this
10act, shall be appointed for terms expiring on July 1, 2018.
AB867,46,1311 (c) The members under section 15.405 (18) (b) of the statutes, as created by this
12act, and the member under section 15.405 (18) (i) of the statutes, as created by this
13act, shall be appointed for terms expiring on July 1, 2020.
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