1Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2as amended, "An act relating to counties of the first, third,
3fourth, fifth, sixth, seventh and eighth classes; amending,
4revising, consolidating and changing the laws relating
5thereto; relating to imposition of excise taxes by counties,
6including authorizing imposition of an excise tax on the
7rental of motor vehicles by counties of the first class; and
8providing for regional renaissance initiatives," repealing
9provisions related to coroners in Article XII; providing for
10definitions, for deputies, for duties regarding county 
11morgues, for removal of bodies to morgue, for coroners' 
12vehicles, for unclaimed property of deceased and sales, for 
13private morgue may be used, for requests for examinations and 
14reports and for cremation or disposition authorization; 
15imposing a penalty; providing for coroner's investigation, 
16for drugs, for autopsy, inquest and records, for certain 
17child deaths, for sudden death, for bodies not to be moved, 
18for release of coroner's jurisdiction, for cooperation with 
19district attorney, for cooperation with other counties, for 
20certificate of cause of death, for power of subpoena and 
21attachment, for inquests and juries, for power to administer 
22oaths, for commitment to county prison, for inquests not 
23public, for chief deputy coroner to act as coroner in case of 
24vacancy, for vacancies and no fees upon commissions, for 
25records of coroner, for certain reproduction of images of 
26deceased prohibited, for solicitor to coroner, for anatomical 
27gifts, for not to exercise office until commission granted 
28and recorded and penalty, for Coroners' Education Board, for 
29coroners' course of instruction, for elected and appointed
 

1coroners to take course of instruction and pass examination, 
2for chief deputies and deputies to take course of 
3instruction, for continuing education and for tuition and 
4expenses to be paid by county; and repealing Coroners' 
5Education Board Law.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Article XII heading of the act of August 9, 1955
9(P.L.323, No.130), known as The County Code, is amended to read:

10ARTICLE XII

11SHERIFF [AND CORONER]

12Section 2. The heading of Subarticle (a) of Article XII of
13the act is repealed:

14[(a) Sheriff]

15Section 3. Section 1214 of the act, amended May 3, 1968
16(P.L.115, No.59), is repealed:

17[Section 1214. Chief Deputy Coroner to Act as Coroner in
18Case of a Vacancy.--If any coroner shall be legally removed from
19his office or shall die or resign before the expiration of the
20term for which he was commissioned, the chief deputy coroner
21shall execute the office of coroner and perform all things
22thereunto appertaining and receive and retain for his own use
23the compensation provided by law for coroners until another
24coroner is commissioned and notice thereof is given to such
25chief deputy coroner.]

26Section 4. The heading of Subarticle (b) of Article XII of
27the act is repealed:

28[(b) Coroner]

29Section 5. Section 1231 of the act, amended June 27, 1973
30(P.L.72, No.31), is repealed:

31[Section 1231. Deputies.--The coroner may appoint one or
32more deputies to act in his place and stead, as he may deem

1proper and necessary. Such deputy or deputies shall have the
2same powers as the coroner.]

3Section 6. Sections 1232 and 1233 of the act are repealed:

4[Section 1232. Duties with Respect to County Morgues.--The
5coroner of each county in which a county morgue is established,
6shall make general rules and regulations for its government and
7control, and shall appoint suitable persons for each morgue so
8established to have charge of the same, and who shall be
9removable at the pleasure of the coroner. The number of such
10persons and the salary of each shall be fixed by the salary
11board.

12Section 1233. Removal of Bodies to Morgue.--Whenever the
13body of any deceased person who is unidentified or which body is
14unclaimed by proper persons has been found within the county, it
15shall be removed to the county morgue or to a private morgue
16serving in lieu thereof. The coroner shall, if he deems it
17necessary, cause any such body to be properly embalmed or
18prepared for preservation for such length of time as he may
19think proper. Any such body shall be examined or inspected only
20by such persons as the coroner authorizes in writing, or who are
21admitted in his presence. No such body shall be removed from any
22such morgue except upon the certificate of the coroner.]

23Section 7. Section 1234 of the act, amended November 29,
241990 (P.L.602, No.152), is repealed:

25[Section 1234. Ambulance.--In each county, the county
26commissioners may furnish and maintain, from the general funds
27of the county, an ambulance for the removal of bodies of
28deceased persons to and from the morgue, and for the burial of
29unclaimed bodies. The coroner may provide rules and regulations
30for the use and maintenance of the ambulance.]

1Section 8. Sections 1235 and 1236 of the act are repealed:

2[Section 1235. Unclaimed Property of Deceased; Sales.--(a)
3The coroner shall safely keep in his charge all personal effects
4and property which appear to have been on or about the person at
5the time of his death, or being found on any decedent whose body
6is received at the county morgue or at any other morgue serving
7in lieu thereof, and all such effects and property which are
8delivered to him according to law. The coroner shall hold such
9property for one year, unless sooner claimed by legal
10representatives of the deceased, or otherwise duly and lawfully
11claimed or disposed of.

12(b) After one year, the coroner shall cause such property
13remaining unclaimed, or so much thereof as remains undisposed of
14according to law, except moneys and such properties as
15securities which may not be subject to such a sale, which shall
16be turned over to the commissioners for proper disposition or
17use, to be sold at public sale.

18(c) Notice of any such public sale shall be published in at
19least one newspaper of general circulation in the county once a
20week for three successive weeks. The proceeds of all such sales
21shall be paid immediately into the county treasury, and the
22coroner shall make a written report thereof to the county
23commissioners, under oath, at the same time. If the body has
24been buried at the expense of the institution district, the
25county shall pay the proceeds of sale, or such property as was
26not subject to sale, as hereinbefore provided, less costs, over
27to the institution district. The foregoing provisions shall be
28in lieu of escheat to the Commonwealth.

29Section 1236. Private Morgue May be Used.--In any county
30where a county morgue is not maintained, the coroner may cause

1any body which he is authorized to admit to a county morgue to
2be removed to a private morgue within the county, and, for the
3use thereof, the owner shall be paid a sum to be established by
4the salary board, to be paid in the same manner as fees of
5coroner's jurors are paid.]

6Section 9. Sections 1236.1, 1237, 1238, 1239 and 1240 of the
7act, amended or added November 29, 1990 (P.L.602, No.152), are
8repealed:

9[Section 1236.1. Requests for Examinations and Reports.--(a)
10Requests for examinations or other professional services by
11other counties or persons may be complied with at the discretion
12of the coroner pursuant to guidelines established by the county
13commissioners.

14(b) A set of fees and charges for such examinations or
15professional services shall be established by the coroner,
16subject to approval by the county commissioners, and shall be
17accounted for and paid to the county treasurer pursuant to
18section 1760. Payment for examinations or professional services
19shall be the responsibility of the county or person requesting
20such services.

21(c) The coroner may charge and collect a fee of up to one
22hundred dollars ($100) for each autopsy report, up to fifty
23dollars ($50) for each toxicology report, up to fifty dollars
24($50) for each inquisition or coroner's report and such other
25fees as may be established from time to time for other reports
26and documents requested by nongovernmental agencies. The fees
27collected shall be accounted for and paid to the county
28treasurer pursuant to section 1760 and shall be used to defray
29the expenses involved in the county complying with the
30provisions of the act of March 2, 1988 (P.L.108, No.22),

1referred to as the Coroners' Education Board Law.

2Section 1237. Coroner's Investigations.--(a) The coroner
3having a view of the body shall investigate the facts and
4circumstances concerning deaths which appear to have happened
5within the county, regardless where the cause thereof may have
6occurred, for the purpose of determining whether or not an
7autopsy should be conducted or an inquest thereof should be had,
8in the following cases:

9(1) sudden deaths not caused by readily recognizable
10disease, or wherein the cause of death cannot be properly
11certified by a physician on the basis of prior (recent) medical
12attendance;

13(2) deaths occurring under suspicious circumstances,
14including those where alcohol, drugs or other toxic substances
15may have had a direct bearing on the outcome;

16(3) deaths occurring as a result of violence or trauma,
17whether apparently homicidal, suicidal or accidental (including,
18but not limited to, those due to mechanical, thermal, chemical,
19electrical or radiational injury, drowning, cave-ins and
20subsidences);

21(4) any death in which trauma, chemical injury, drug
22overdose or reaction to drugs or medication or medical treatment
23was a primary or secondary, direct or indirect, contributory,
24aggravating or precipitating cause of death;

25(5) operative and peri-operative deaths in which the death
26is not readily explainable on the basis of prior disease;

27(6) any death wherein the body is unidentified or unclaimed;

28(7) deaths known or suspected as due to contagious disease
29and constituting a public hazard;

30(8) deaths occurring in prison or a penal institution or

1while in the custody of the police;

2(9) deaths of persons whose bodies are to be cremated,
3buried at sea or otherwise disposed of so as to be thereafter
4unavailable for examination;

5(10) sudden infant death syndrome; and

6(11) stillbirths.

7(b) The purpose of the investigation shall be to determine
8the cause of any such death and to determine whether or not
9there is sufficient reason for the coroner to believe that any
10such death may have resulted from criminal acts or criminal
11neglect of persons other than the deceased.

12(c) As part of this investigation, the coroner shall
13determine the identity of the deceased and notify the next of
14kin of the deceased.

15Section 1238. Autopsy; Inquest; Records.--(a) If, upon
16investigation, the coroner shall be unable to determine the
17cause and manner of death, he shall perform or order an autopsy
18on the body.

19(b) If the coroner is unable to determine the cause and
20manner of death following the autopsy, he may conduct an inquest
21upon a view of the body, as provided by law. At the inquest, the
22coroner's duty shall be to ascertain the cause of death, to
23determine whether any person other than the deceased was
24criminally responsible therefor by act or neglect, and if so,
25the identity of the person, and to examine any further evidence
26and witnesses regarding the cause of death.

27(c) The proceedings at the inquest shall be recorded, at the
28expense of the county, in a manner to be provided by the county
29commissioners.

30Section 1239. Sudden Deaths Defined.--The coroner shall

1regard any death as sudden if it occurs without prior medical
2attendance by a person who may lawfully execute a certificate of
3death in this Commonwealth, or if, within twenty-four hours of
4death, the decedent was discharged from such medical attendance
5or a change of such medical attendance had occurred, or if any
6such medical attendance began within twenty-four hours of death
7and the medical attendant refuses or is unable to certify the
8cause of death. Medical attendance includes hospitalization.

9The provisions of this section shall not be construed to
10affect the coroner's discretion as to whether or not any death
11was suspicious, nor shall they be construed to authorize a
12coroner to investigate a sudden death any further than necessary
13to determine the cause and manner of death.

14Section 1240. Bodies not to be Moved.--In all cases where
15the coroner has jurisdiction to investigate the facts and
16circumstances of death, the body and its surroundings shall be
17left untouched until the coroner has had a view thereof or until
18he shall otherwise direct or authorize, except as may be
19otherwise provided by law, or as circumstances may require.
20Bodies upon a public thoroughfare or in other places may be
21removed so much as is necessary for precaution against traffic
22accidents or other serious consequences which might reasonably
23be anticipated if they were left intact.]

24Section 10. Sections 1241, 1242 and 1243 of the act are
25repealed:

26[Section 1241. Release of Coroner's Jurisdiction.--Whenever
27the coroner assumes jurisdiction of a body pursuant to the
28provisions of this subdivision or of any other law, the body
29shall not be released or removed from his jurisdiction except
30upon his directions and consent, in accordance with law.

1Section 1242. Cooperation with District Attorney.--In the
2exercise of his duties as contained in this subdivision, the
3coroner shall, so far as may be practicable, consult and advise
4with the district attorney. The district attorney shall act as
5counsel to the coroner in matters relating to inquests.

6Section 1243. Justices of the Peace not Affected.--The
7provisions of this subdivision shall not be construed to affect
8any provisions of law requiring or authorizing justices of the
9peace in certain cases to act in place of the coroner.]

10Section 11. Section 1244 of the act, amended May 9, 1961
11(P.L.197, No.98), is repealed:

12[Section 1244. Certificate of Cause of Death.--The coroner
13shall issue a certificate of cause of death in all cases
14referred to him by the local registrar of vital statistics,
15pursuant to the provisions of the act, approved June twenty-
16nine, one thousand nine hundred fifty-three (Pamphlet Laws 304),
17known as the "Vital Statistics Law of 1953," and in all other
18cases of which he has jurisdiction, if no person duly authorized
19by the said act certifies the cause of death.]

20Section 12. Sections 1245 and 1245.1 of the act, amended or
21added November 29, 1990 (P.L.602, No.152), are repealed:

22[Section 1245. Power of Subpoena and Attachment.--The
23coroner shall have power to issue subpoenas to obtain the
24attendance of any person whom it may be necessary to examine as
25a witness at any inquest, and to compel attendance by attachment
26in like manner and to the same extent as any court of common
27pleas of this Commonwealth may or can do in cases pending before
28them, and also to compel in like manner the production of all
29papers and other things relative to such inquest. Such subpoena
30and attachment shall be served and executed by the sheriff or by

1the coroner himself or his deputy, as the case may require.

2Section 1245.1. Inquests; Juries.--(a) The coroner may at
3his discretion summon a jury of six to be selected from the jury
4panels of the court of common pleas.

5(b) The function of such jury shall be to determine the
6manner of death and whether any criminal act or neglect of
7persons known or unknown caused such death. Such jury shall be
8paid as provided by law as if they were serving the court of
9common pleas.]

10Section 13. Sections 1246, 1247 and 1248 of the act are
11repealed:

12[Section 1246. Power to Administer Oaths.--The coroner shall
13have power to administer oaths and affirmations to all persons
14brought or appearing before him, and any person swearing or
15affirming falsely on such examination shall be guilty of
16perjury.

17Section 1247. Commitment to County Prison.--If any person
18appearing before the coroner for examination shall refuse to
19take oath or affirmation, or after having been sworn or affirmed
20shall refuse to make answer to such questions as shall be put to
21him by the coroner touching the matters of the inquest, such
22persons so refusing may be committed by the coroner to the
23county jail by warrant, under his hand and seal, directed to the
24sheriff or any constable of the county, setting forth
25particularly the causes of such commitment, until he shall
26submit to be sworn or affirmed or to make answers to such
27questions or be otherwise legally discharged.

28Section 1248. Inquests Not Public.--The coroner may, in his
29discretion, admit or exclude members of the public from any
30inquest or part thereof, and admit or exclude any person

1interested or suspected from such inquest or any part thereof,
2but this provision shall not apply to representatives of the
3press. No person excluded may appear by attorney, but any person
4required to attend may have benefit of counsel at such
5attendance.]

6Section 14. Section 1249 of the act, amended May 3, 1968
7(P.L.115, No.59), is repealed:

8[Section 1249. Chief Deputy Sheriff to Act as Sheriff in
9Case of Vacancy.--If any sheriff shall be legally removed from
10his office or shall die or resign before expiration of the term
11for which he was commissioned, the chief deputy sheriff shall
12execute the office of sheriff and perform all things thereunto
13appertaining, and receive and retain for his own use the
14compensation provided by law for sheriffs, until another sheriff
15is commissioned and notice thereof is given to such chief deputy
16sheriff.]

17Section 15. Sections 1250 and 1251 of the act are repealed:

18[Section 1250. Vacancies; No Fees upon Commissions.--If any
19person elected to the office of coroner shall neglect or refuse,
20for the space of two months next after such election, to assume
21the duties of said office and to comply with the requirements of
22the acts of Assembly in such cases, the office shall be vacant,
23and it shall be the duty of the Governor, upon the notification
24of the recorder of deeds, to appoint and commission some
25suitable person to fill such vacancy during the remainder of the
26term. No fees shall hereafter be charged on commissions issued
27to the coroner.

28Section 1251. Official Records of Coroner.--Every coroner,
29within thirty (30) days after the end of each year, shall
30deposit all of his official records and papers for the preceding

1year in the office of the prothonotary for the inspection of all
2persons interested therein.]

3Section 16. Section 1252 of the act, added December 6, 1972
4(P.L.1421, No.309), is repealed:

5[Section 1252. Solicitor to Coroner.--The coroner may
6appoint one person learned in the law, as his solicitor. Said
7solicitor shall advise the coroner upon all legal matters that
8may be submitted to him and shall conduct any litigation in
9connection with the coroner's office when requested so to do by
10the coroner.]

11Section 17. Section 1253 of the act, added November 29, 1990
12(P.L.602, No.152), is repealed:

13[Section 1253. Anatomical Gifts.--The coroner may order the
14removal of parts of a decedent's body for donation purposes in
15accordance with 20 Pa.C.S. Ch. 86 (relating to anatomical
16gifts).]

17Section 18. The heading of Subarticle (c) of Article XII and
18section 1260 of the act are repealed:

19[(c) Provisions Relating to Sheriffs and Coroners

20Section 1260. Not to Exercise Office Until Commission
21Granted and Recorded; Penalty.--No person elected or appointed
22to the office of sheriff or coroner shall execute any of the
23duties of such office before a commission shall have been duly
24granted to him by the Governor and left for record, under a
25penalty of imprisonment for a term not exceeding six months, at
26the discretion of the court of quarter sessions. Such person
27shall nevertheless be liable to any person injured by any acts
28done by him under color of such office.]

29Section 19. The act is amended by adding an article to read:

30ARTICLE XII-A

1CORONER

2(a) Preliminary Provisions

3Section 1201-A. Applicability.

4Except as otherwise provided, this article shall apply to
5counties of the second class, second class A and third through
6eighth classes.

7Section 1202-A. Definitions.

8The following words and phrases when used in this article
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Autopsy." The external and internal examination of the body
12of a deceased person, including, but not limited to:

13(1) gross visual inspection and dissection of the body
14and its internal organs;

15(2) photographic or narrative documentation of findings,
16microscopic, radiological, toxicological, chemical, magnetic
17resonance imaging or other laboratory analysis performed upon
18tissues, organs, blood, other bodily fluids, gases or other
19specimens; and

20(3) the retention for diagnostic and documentary
21purposes of tissues, organs, blood, or other bodily fluids,
22gases, or any other specimens necessary to establish and
23defend against challenges to the cause and manner of death of
24the deceased person.

25"Board." The Coroners' Education Board of the Commonwealth.

26"Coroner." An elected or appointed coroner or an elected or
27appointed medical examiner.

28"Staff." Includes persons in the coroner's office who engage
29in activities relating to death investigation. The term may
30refer to a medical investigator, forensic technician, laboratory

1director, forensic supervisor, forensic investigator, scientist
2or autopsy or histology technician.

3(b) General Provisions

4Section 1211-A. Deputies.

5The coroner may appoint one or more deputies to act in the
6coroner's place and staff to positions established in accordance
7with section 1623 as the coroner may deem proper and necessary.
8A deputy shall have the same powers as the coroner.

9Section 1212-A. Duties regarding county morgues.

10(a) Coroner.--The coroner of a county in which a county
11morgue is established shall:

12(1) make general rules and regulations for the morgue's
13operation and control; and

14(2) appoint suitable persons for the morgue to have
15charge of the same. The persons shall be removable at the
16pleasure of the coroner.

17(b) Salary board.--The salary board shall fix the number of
18persons appointed under subsection (a)(2) and their salaries.

19Section 1213-A. Removal of bodies to morgue.

20(a) Unidentified or unclaimed body.--When the body of a
21deceased person is unidentified or unclaimed by a proper person
22and found within the county, it shall be removed to the county
23morgue or, in a county of the third through eighth class, to a
24facility serving in lieu of the county morgue. If deemed
25necessary, the coroner shall cause the body to be properly
26embalmed or prepared for preservation for the length of time as
27the coroner may think proper to determine the deceased's
28identity, the identity of a party responsible for the deceased
29and the cause and manner of death. The body shall be examined or
30inspected only by a person as the coroner authorizes or who is

1admitted in the coroner's presence.

2(b) Removal from morgue.--A body may not be removed from a
3morgue except upon the authorization of the coroner.

4Section 1214-A. Coroners' vehicles.

5In each county, the county commissioners shall, at the
6request of the coroner, furnish and maintain from the general
7funds of the county, an ambulance and/or vehicles for use by the
8coroner in the performance of official duties. The duties shall
9include administration, investigative or educational purposes or
10the removal of bodies of deceased persons to and from the morgue
11and the burial of unclaimed bodies. The coroner may provide
12rules and regulations for the use and maintenance of the
13ambulance and/or vehicles.

14Section 1215-A. Unclaimed property of deceased and sales.

15(a) Duty to keep.--The coroner shall safely keep in the
16coroner's charge:

17(1) the personal effects and property that appear to
18have been on or about the person at the time of death or
19being found on a decedent whose body is received at the
20county morgue or at any other facility serving in lieu of the
21county morgue; and

22(2) the effects and property that are delivered to the
23coroner according to law.

24(b) Required holding period.--The coroner shall hold the
25property for one year unless sooner claimed by legal
26representatives of the deceased or otherwise duly and lawfully
27disposed of or claimed.

28(c) Cost of disposition.--Upon the claim by legal
29representatives of the deceased, if the disposition of the
30deceased has been at county expense, the amount to recover the

1cost of disposition shall be retained for the county with the
2balance, if any, going to the legal representatives.

3(d) Costs of securing.--In cases where the coroner secures
4the premises of the deceased, the costs of securing may be
5charged against the estate of the deceased.

6(e) Civil liability.--A coroner who secures or safeguards
7the property and its contents is immune from civil liability for
8damage to or loss of the property or its contents.

9(f) Property unclaimed after one year.--After one year, the
10coroner shall cause the property remaining unclaimed or so much
11as remains undisposed of according to law, except money and the
12properties as securities that may not be subject to such a sale,
13to be turned over to the commissioners for proper disposition or
14use, to be sold at public sale.

15(g) Notice.--Notice of the public sale shall be published in
16at least one newspaper of general circulation in the county once
17a week for three successive weeks. The proceeds of the sales
18shall be paid immediately into the county treasury. The
19foregoing provisions are in lieu of escheating to the
20Commonwealth.

21Section 1216-A. Private morgue may be used.

22In a county of the third through eighth class where a county
23morgue is not maintained, the coroner may cause a body that the
24coroner is authorized to admit to a county morgue to be removed
25to a private facility of the coroner's choosing. For the use of
26the facility, the owner shall be paid a sum to be established by
27the county by agreement with the owner.

28Section 1217-A. Requests for examinations and reports.

29(a) Requests for examinations.--A request for an examination
30or other professional service by another county or person may be

1complied with at the discretion of the coroner under guidelines
2established by the county commissioners.

3(b) Fees and charges for examinations or professional
4services.--A set of fees and charges for the examinations or
5professional services shall be established by the coroner,
6subject to approval by the county commissioners, and shall be
7accounted for and paid to the county treasurer under section
81760. Payment for examinations or professional services shall be
9the responsibility of the county or person requesting such
10services.

11(c) Other fees.--The coroner shall charge and collect a fee
12of $500 for an autopsy report, $100 for a toxicology report,
13$100 for an inquisition or coroner's report, $50 for a cremation
14or disposition authorization and other fees as may be
15established from time to time for other reports or documents
16requested by nongovernmental agencies in order to investigate a
17claim asserted under a policy of insurance or to determine
18liability for the death of the deceased. A record produced by
19the coroner in response to the request may not be publicly
20released except in response to a civil or criminal subpoena, a
21discovery request, a legally enforceable order from a court, a
22request from law enforcement or the Commonwealth and its
23agencies or other governmental agency. The fees collected under
24this subsection shall be accounted for and paid to the county
25treasurer under section 1760 and shall be used to defray the
26expenses involved in the county complying with Subarticle (c).

27(d) Record disclosure.--This section shall not be construed
28as authorizing disclosure of a record exempt from public access
29in accordance with the act of February 14, 2008 (P.L.6, No.3),
30known as the Right-to-Know Law, or section 1236-A.

1Section 1218-A. Cremation or disposition authorization.

2(a) Duty of funeral director.--A funeral director shall
3obtain a verifiable written authorization from the coroner prior
4to cremating or disposing or providing for the cremation or
5disposition of a dead body that is subject to the coroner's
6jurisdiction as provided in section 1219-A.

7(b) Contents of authorization.--The request for written
8authorization shall contain the following information supplied
9by the funeral director seeking authorization:

10(1) the name, address, race, sex, age and date of birth
11of the deceased;

12(2) the cause and manner of death;

13(3) whether an autopsy was performed;

14(4) the individual who certified the death;

15(5) the name of funeral home; and

16(6) the name of the person authorizing cremation or
17disposition and the person's relationship, if any, to the
18deceased.

19(c) Failure to secure authorization.--A person who willfully
20fails to secure authorization for cremation or disposition
21commits a misdemeanor and shall, upon conviction, be sentenced
22to pay a fine of not less than $200 for each authorization not
23obtained. Failure to obtain authorization may result in a report
24to a board, commission or department of the Commonwealth
25authorized to license, certify, register or permit the practice
26of an occupation or profession for appropriate disciplinary
27action.

28Section 1219-A. Coroner's investigation.

29(a) Duty to investigate.--The coroner having a view of the
30body shall investigate the facts and circumstances concerning a

1death that appears to have happened within the county,
2regardless where the cause of the death may have occurred, for
3the purpose of determining whether or not an autopsy or inquest
4should be conducted in the following cases:

5(1) a sudden death not caused by readily recognizable
6disease, or where the cause of death cannot be properly
7certified by a physician on the basis of prior recent medical
8attendance;

9(2) a death occurring under suspicious circumstances,
10including those where alcohol, drugs or other toxic
11substances may have had a direct bearing on the outcome;

12(3) a death occurring as a result of violence or trauma,
13whether apparently homicidal, suicidal or accidental,
14including, but not limited to, a death due to mechanical,
15thermal, chemical, electrical or radiational injury,
16drowning, cave-in or subsidence;

17(4) a death in which trauma, chemical injury, drug
18overdose or reaction to drugs or medication or medical
19treatment was a primary or secondary, direct or indirect,
20contributory, aggravating or precipitating cause of death;

21(5) an operative and peri-operative death in which the
22death is not readily explainable on the basis of prior
23disease;

24(6) a death where the body is unidentified or unclaimed;

25(7) a death known or suspected as due to contagious
26disease and constituting a public hazard;

27(8) a death occurring in prison or a penal institution
28or while in the custody of the police;

29(9) a death of a person whose body is to be cremated,
30buried at sea or otherwise disposed of so as to be

1unavailable for examination thereafter;

2(10) a sudden and unexplained infant death; and

3(11) a stillbirth.

4(b) Purpose.--The purpose of the investigation is to
5determine:

6(1) the cause and manner of the death; and

7(2) whether or not there is sufficient reason for the
8coroner to believe that the death may have resulted from a
9criminal act or criminal neglect of a person other than the
10deceased.

11(c) Requirements.--As part of the investigation, the coroner
12shall determine the identity of the deceased and notify the next
13of kin of the deceased.

14Section 1220-A. Drugs.

15When the coroner collects a drug at the scene of an
16investigation, there shall be a record of a prescription or
17illegal drug of the decedent. When the drug is no longer needed
18for an investigative or scientific purpose, the coroner shall
19properly dispose of the drug in accordance with standard
20operating procedures.

21Section 1221-A. Autopsy, inquest and records.

22(a) Autopsy.--If after investigation the coroner is unable
23to determine the cause and manner of death, the coroner shall
24perform or order an autopsy on the body.

25(b) Inquest.--If the coroner is unable to determine the
26cause and manner of death following the autopsy, the coroner may
27conduct an inquest upon a view of the body, as provided by law.
28At the inquest, the coroner's duty shall be as follows:

29(1) To ascertain the cause of death.

30(2) To determine whether any person other than the

1deceased was criminally responsible by act or neglect and the
2identity of the person or persons who may be responsible.

3(3) To examine any further evidence and witnesses
4regarding the cause of death.

5(c) Recording.--The proceedings at the inquest shall be
6recorded, at the expense of the county, in a manner to be
7provided by the county commissioners.

8(d) Retention and disposal.--

9(1) The coroner may retain a deoxyribonucleic acid (DNA)
10specimen for diagnostic, evidentiary or confirmatory
11purposes.

12(2) Retained tissue, organ, blood, other bodily fluid,
13gas or another specimen from an autopsy are medical waste and
14shall be disposed of in accordance with applicable Federal
15and State laws.

16(e) Liability.--A coroner who in good faith orders or
17performs a medical examination or autopsy under statutory
18authority is immune from civil liability for damages for
19ordering or performing the examination or autopsy.

20Section 1222-A. Certain child deaths.

21(a) General rule.--A coroner shall perform or order an
22autopsy to be conducted in the case of the sudden unexplained
23death of a child who is three years of age or less. In
24circumstances where an autopsy is required, the autopsy shall be
25conducted in the manner the coroner determines is the least
26invasive manner appropriate.

27(b) Investigation.--

28(1) In the case of the death of a child who is three
29years of age or less and the coroner determines that an
30investigation is appropriate, the investigation shall include

1the following information:

2(i) Demographic information on the child and the
3child's primary caregivers.

4(ii) Witness interview.

5(iii) Infant medical history.

6(iv) Biological mother's prenatal history.

7(v) Incident scene investigation.

8(vi) Scene and body diagrams.

9(2) In doing the investigation, the coroner shall
10consider nationally recognized standards for pediatric death
11review.

12(c) Deoxyribonucleic acid.--A DNA sample shall be collected
13for the purpose of aiding in the research of the causes of
14sudden and unexplained infant deaths and to provide genetic
15information as to the manner of death.

16Section 1223-A. Sudden death.

17(a) General rule.--The coroner shall regard a death as
18sudden if the death either:

19(1) Occurs without prior medical attendance by a person
20who may lawfully execute a certificate of death in this
21Commonwealth.

22(2) Within 24 hours of death the decedent:

23(i) was discharged from medical attendance;

24(ii) had a change of the medical attendance occur;
25or

26(iii) had medical attendance within 24 hours of
27death and the medical attendant refuses or is unable to
28certify the cause of death.

29(b) Construction.--The section shall not be construed to
30affect the coroner's discretion as to whether or not a death was

1suspicious or to authorize a coroner to investigate a sudden
2death any further than necessary to determine the cause and
3manner of death.

4(c) Definition.--As used in this section the phrase "medical
5attendance" shall include hospitalization, nursing home and
6hospice care.

7Section 1224-A. Bodies not to be moved.

8(a) General rule.--In a case where the coroner has
9jurisdiction to investigate the facts and circumstances of
10death, the body and the surroundings of the body shall be left
11untouched until either:

12(1) The coroner has conducted an initial investigation
13of the scene of death, including viewing and photographing
14the scene in the manner that most fully discloses how the
15person died.

16(2) Until the coroner shall otherwise direct or
17authorize, except as may be otherwise provided by law, or as
18circumstances may require.

19(b) Exception.--Bodies on a public thoroughfare or other
20place may be moved if necessary for the administration of
21emergency care and as a precaution against a traffic accident or
22another serious consequence which might reasonably be
23anticipated if the body was left in place. The removal of the
24body shall be done so as to not substantially destroy or alter
25the evidence.

26Section 1225-A. Release of coroner's jurisdiction.

27If the coroner assumes jurisdiction of a body pursuant to the
28provisions of this article or of another law, the body shall not
29be released or removed from the coroner's jurisdiction except
30upon the coroner's directions and consent, in accordance with

1law.

2Section 1226-A. Cooperation with district attorney.

3In the exercise of duties as contained in this article, the
4coroner shall consult and advise with the district attorney, so
5far as may be practicable. The district attorney may act as
6counsel to the coroner in matters relating to inquests.

7Section 1227-A. Cooperation with other counties.

8When one or more coroners deem it necessary to establish a
9facility for conducting forensic testing and autopsies, a county
10or counties may establish and operate the facility.

11Section 1228-A. Certificate of cause of death.

12The coroner shall issue a certificate of cause of death in
13each case referred to the coroner by the local registrar of
14vital statistics, under the act of June 29, 1953 (P.L.304,
15No.66), known as the Vital Statistics Law of 1953. The coroner
16shall also issue a certificate of cause of death in each case in
17which the coroner has jurisdiction and no person duly authorized
18by law certifies the cause of death.

19Section 1229-A. Power of subpoena and attachment.

20The coroner shall have power to issue subpoenas and
21attachments, which shall be served and executed by the sheriff,
22coroner or coroner's deputy, for the following purposes:

23(1) A death investigation.

24(2) To obtain the attendance of a person whom it may be
25necessary to examine as a witness at any inquest.

26(3) To compel attendance by attachment in like manner
27and extent as a court of common pleas of this Commonwealth
28can do in cases pending before the court.

29(4) To compel the production of any of the following:

30(i) Papers.

1(ii) Documents in any form or media, including
2medical and mental health records.

3(iii) Other things relative to the investigation or
4inquest.

5Section 1230-A. Inquests and juries.

6(a) Jury.--The coroner may summon a jury of six and two
7alternates to be selected from the jury panels of the court of
8common pleas.

9(b) Function.--The function of the jury shall be to
10determine the manner of death and whether a criminal act or
11neglect of a person or persons known or unknown caused the
12death. The jury shall be paid as provided by law as if the jury
13members were serving the court of common pleas.

14Section 1231-A. Power to administer oaths.

15The coroner shall have the power to administer oaths and
16affirmations to a person brought or appearing before the
17coroner. A person swearing or affirming falsely on the
18examination shall be guilty of perjury.

19Section 1232-A. Commitment to county prison.

20A person may be held for contempt before the court of common
21pleas if the person does either of the following while appearing
22before the coroner for examination:

23(1) Refuses to take an oath or affirmation.

24(2) Refuses to answer a question as asked by the coroner
25on the matters of the inquest after having been sworn.

26Section 1233-A. Inquests not public.

27(1) In counties of third through eighth classes, the
28coroner may:

29(i) Admit or exclude members of the public from an
30inquest or a part of an inquest.

1(ii) Admit or exclude a person interested or
2suspected from the inquest or a part of an inquest.

3(2) This provision shall not apply to representatives of
4the press.

5(3) No person excluded may appear by attorney.

6(4) A person required to attend may have counsel at the
7attendance.

8Section 1234-A. Chief deputy coroner to act as coroner in case
9of vacancy.

10If a coroner is legally removed from office, dies or resigns
11before the expiration of the term for which the coroner was
12elected or appointed, the chief deputy coroner shall execute the
13office of coroner, perform all related duties and receive and
14retain the compensation provided by law for coroner, until
15another coroner is duly appointed.

16Section 1235-A. Vacancies and no fees upon commissions.

17(a) Vacancies.--Except as otherwise provided in subsection
18(c), if a person who is elected to the office of coroner
19neglects or refuses for the two months after the election to
20assume the duties of the office and to comply with the
21requirements of the law, the office shall be deemed vacant. The
22Governor shall notify the recorder of deeds and appoint and
23commission a suitable person to fill the vacancy during the
24remainder of the term.

25(b) Fees.--No fees shall be charged on commissions issued to
26the coroner.

27(c) Medical examiner.--In counties of the second class and
28second class A, the appointee to the office of medical examiner
29shall serve and the term of office shall be as provided by
30county ordinance.

1Section 1236-A. Records of coroner.

2(a) Maintenance.--All records shall be maintained in the
3office of the coroner. If no office is maintained, then a public
4record providing the name of the deceased, the date of death,
5and the cause and manner of death shall be deposited in the
6office of prothonotary for the inspection of a person with an
7interest.

8(b) Limitation on public records.--No records, made by or
9caused to be taken or made by the coroner, indicating any of the
10following in a personally identifiable manner may be considered
11a public record:

12(1) An individual's medical, psychiatric history,
13psychological history or disability status. This shall
14include an evaluation, consultation, prescription, diagnosis
15or treatment.

16(2) Results of tests, including drug tests, or relating
17to a criminal investigation.

18(3) An autopsy record, a digital image of a postmortem
19examination or autopsy, a copy, reproduction or facsimile of
20an autopsy report or a photograph, negative or print. This
21shall include a photograph or videotape of the body or a
22portion of the body of a deceased person at the scene of
23death or in the course of a postmortem examination or
24autopsy.

25(c) Invasion of privacy.--A person seeking access to a
26record which is or may contain medical, psychiatric,
27psychological or investigatory matter, the disclosure of which
28would constitute an invasion of personal privacy either to the
29reputation of the deceased or to the physical and mental well-
30being of any next of kin, shall do the following:

1(1) Notify all next of kin of the request.

2(2) Provide clear and convincing proof of a general need
3which overrides the privacy or is not prohibited by any
4applicable Federal or State law or regulation.

5(d) Use of data.--Nothing shall prohibit the coroner from
6using information or photographs for purposes of official
7duties, training and education, as long as all personally
8identifiable information has been removed.

9(e) Data to Commonwealth.--Nothing shall prohibit the
10coroner from providing information to the Commonwealth as
11required by other laws, provided the information will not be
12publicly reported in a personally identifiable manner.

13Section 1237-A. Certain reproduction of images of deceased
14prohibited.

15(a) Images.--A first responder who is dispatched to or is
16otherwise present at the scene of a motor vehicle accident or
17other emergency situation, for the purpose of providing medical
18care or other assistance, may not photograph, film, videotape,
19record or otherwise reproduce in any manner, the image of an
20individual who is deceased or is being provided medical care or
21other assistance, except in accordance with applicable rules,
22regulations or operating procedures of the agency employing the
23first responder.

24(b) Disclosure.--A first responder may not disclose any
25photograph, film, videotape, record, or other reproduction of
26the image of an individual, living or deceased, being removed
27from or being provided medical care or other assistance at the
28scene of a motor vehicle accident or other emergency situation
29without the prior written consent of the individual, or the
30individual's next-of-kin if the individual cannot provide

1consent, unless that disclosure was for a legitimate law
2enforcement, public safety, health care or insurance purpose or
3pursuant to a court order.

4(c) Criminal liability.--An individual who knowingly
5violates the the provisions of subsection (b) commits a
6misdemeanor and shall, upon conviction, pay a fine of not less
7than $200. Each photograph, film, digital image, videotape,
8record or other reproduction shall constitute a separate
9offense.

10(d) Civil liability.--In addition to any other right of
11action or recovery otherwise available under the laws of this
12Commonwealth, a first responder who knowingly violates the
13provisions of subsection (a) or (b) shall be liable to the
14individual or the individual's next-of-kin whose image was taken
15or disclosed, who may bring a civil action.

16(e) Damages.--The court may award damages for civil
17liability under subsection (d) as follows:

18(1) Actual damages, but not less than liquidated damages
19computed at the rate of $1,000 for each violation of this
20article.

21(2) Punitive damages upon proof of willful or reckless
22disregard of the law.

23(3) Reasonable attorney fees and other litigation costs
24reasonably incurred.

25(4) Other preliminary and equitable relief as the court
26determines to be appropriate.

27(f) Definitions.--As used in this section, the following
28words and phrases when used in this section shall have the
29meanings given to them in this subsection:

30"Disclose." To sell, manufacture, give, provide, lend,

1trade, mail, deliver, transfer, publish, distribute, circulate,
2disseminate, present, exhibit, advertise or offer.

3"First responder." Any of the following:

4(1) A law enforcement officer.

5(2) Paid or volunteer firefighter.

6(3) Paid or volunteer member of a duly incorporated
7first aid, emergency, ambulance or rescue squad association.

8(4) Any other individual who, in the course of the
9individual's employment, is dispatched to the scene of a
10motor vehicle accident or other emergency situation for the
11purpose of providing medical care, removal of a deceased
12individual or other assistance.

13Section 1238-A. Solicitor to coroner.

14(a) Solicitor.--The coroner may appoint an individual who
15shall be an attorney-at-law admitted to practice in the courts
16of this Commonwealth, as solicitor. The solicitor shall advise
17the coroner upon all legal matters that may be submitted to the
18coroner and shall conduct any litigation in connection with the
19coroner's office when requested to do so by the coroner.

20(b) Salary and costs.--In counties of the second class, the
21following shall apply:

22(1) The salary of the solicitor shall be determined by
23the salary board. The salary shall be paid out of the fees
24received and paid into the office of the coroner.

25(2) All costs and expenses incurred by the coroner in
26any manner connected with litigation or claims arising out of
27or relating to the coroner's office, shall be paid by the
28county out of fees received by the coroner's office.

29Section 1239-A. Anatomical gifts.

30The coroner may order the removal of parts of a decedent's

1body for donation purposes in accordance with 20 Pa.C.S. Ch. 86
2(relating to anatomical gifts).

3Section 1240-A. Not to exercise office until commission granted
4and recorded and penalty.

5An individual elected or appointed to the office of coroner
6may not execute any of the duties of office before a commission
7shall have been duly granted to the coroner by the Governor and
8properly recorded. An individual who violates this section may
9be sentenced to imprisonment for a term not exceeding six
10months. The individual shall be liable to any person injured by
11any acts done by the individual under color of the office.

12(c) Coroners' Education Board

13Section 1251-A. Coroners' Education Board.

14(a) Members.--There is established the Coroners' Education
15Board in the Office of Attorney General. The board shall consist
16of the following members:

17(1) The Commissioner of the Pennsylvania State Police or
18the commissioner's designee.

19(2) The Attorney General or the Attorney General's
20designee.

21(3) The Secretary of Health or the secretary's designee.

22(4) Three individuals appointed by the Governor with the
23advice and consent of a majority of the members elected to
24the Senate, one of whom shall be a forensic pathologist
25licensed to practice in this Commonwealth and two of whom
26shall be elected coroners, one a physician coroner and the
27other a nonphysician coroner.

28(b) Terms.--The terms of the members appointed by the
29Governor under subsection (a)(4) shall be for four years.
30Vacancies shall be filled for the unexpired term.

1(c) Quorum.--The board shall elect a chairman, and a
2majority of the members shall constitute a quorum.

3(d) Expenses.--Members of the board may not receive a
4salary, but the members appointed by the Governor shall be
5entitled to actual expenses incurred in the performance of their
6duties.

7Section 1252-A. Coroners' course of instruction.

8(a) Course of instruction.--The board shall approve a course
9of instruction that shall be given to all coroners upon their
10first election or appointment to office.

11(b) Contents of course.--The course of instruction shall
12consist of not less than 40 hours and shall be given between the
13date of each municipal election and December 31 of that year.

14(c) Location of course.--The board shall determine the time
15and place of the course of instruction, but due consideration
16shall be given to the facilities at the Pennsylvania State
17Police Academy.

18(d) Deputies.--In addition to the course of instruction for
19elected or appointed coroners, the board shall approve a course
20of instruction for chief deputy and deputy coroners, which shall
21be of the duration and given at the time and place as the board
22shall determine.

23(e) Personnel.--All State departments, agencies, boards and
24commissions shall cooperate in providing personnel, equipment
25and support to the courses of instruction.

26(f) Examination.--In addition to approving the courses of
27instruction, which shall include such subjects as crime-scene
28investigation, toxicology, forensic autopsies and the legal
29duties of the office of the coroner, the board shall approve a
30written examination for the coroners and the deputies, to be

1given at the conclusion of each course of instruction.

2(g) Tuition.--The board shall establish the tuition to be
3charged for the courses of instruction, which shall be as nearly
4equal to the cost of conducting the courses and the examination
5as possible.

6Section 1253-A. Elected and appointed coroners to take course
7of instruction and pass examination.

8(a) Successful examination.--After the effective date of
9this article, an individual elected or appointed for the first
10time to the office of coroner in this Commonwealth may not be
11eligible to take the oath of office unless the individual has
12attended the course of instruction and successfully passed the
13certification examination given at the conclusion of the course
14unless, for just cause, the board postpones his attendance and
15examination. If the individual elected or appointed fails to
16attend the course and pass the certification examination without
17being excused, there shall be deemed to be a vacancy in the
18office, and it shall be filled in accordance with the law.

19(b) Successor coroners.--In the event of a vacancy in the
20office of coroner, the individual appointed to fill the vacancy
21shall attend the next course of instruction offered for deputies
22and, at the conclusion of the course, successfully pass a
23special certification examination offered by the board for
24coroners appointed to fill vacancies. Upon the failure of the
25appointee to take this course of instruction or to pass this
26certification examination, a vacancy shall occur that shall be
27filled in accordance with the law. In the event an individual
28who is appointed to fill a vacancy has, before the appointment,
29taken the course of instruction for elected and appointed
30coroners and passed the certification examination or has taken

1the course of instruction for deputies and has passed the
2certification examination, except as otherwise provided under
3this article, a course or certification examination shall not be
4required.

5Section 1254-A. Chief deputies and deputies to take course of
6instruction.

7After the effective date of this article, a vacancy shall be
8deemed to exist in the office of a chief deputy or deputy
9coroner six months after appointment unless the individual has
10completed the course of instruction provided for in section
111252-A(d) or unless, for just cause, the board postpones the
12individual's completion of the course. This section shall not
13apply to those chief deputies or deputy coroners who are covered
14by section 1253-A(a).

15Section 1255-A. Continuing education.

16(a) Credit hours.--The following apply:

17(1) Each year, every coroner, chief deputy coroner,
18deputy coroner or staff involved in death investigation
19shall take continuing education of not less than 12 credit
20hours. The board may, by regulation and after notice of the
21continuing education requirement, increase the total number
22of hours required.

23(2) As part of a coroner's continuing education, every
24coroner shall attain national medicolegal certification and
25maintain the number of hours of continuing education required
26for the national certification.

27(3) A credit shall not be given for more than four hours
28per year for continuing education given online.

29(b) Contents.--The board shall determine which courses,
30seminars, lectures and meetings qualify for credits under this

1section and the number of credits to be given to each. The
2instruction may be given in conjunction with the annual
3convention of the Pennsylvania State Coroners Association. In
4determining whether a specialty forensic course shall meet the
5requirements of this article, the board shall consider whether
6it is approved by another recognized training or educational
7entity.

8(c) Proof.--Upon submission of proof of attendance, the
9board shall determine if the coroner, chief deputy coroner,
10deputy coroner or staff involved in death investigation has
11fulfilled the continuing educational requirement under this
12section. If the board determines that the continuing educational
13requirement has not been fulfilled, it shall notify:

14(1) the Governor in the case of a coroner not fulfilling
15the requirement; or

16(2) the coroner in the case of a chief deputy, deputy
17coroner or staff involved in death investigation not
18fulfilling the requirement.

19After notice is provided under paragraph (1) or (2), a vacancy
20shall be deemed to exist. Any coroner, chief deputy coroner,
21deputy coroner or staff involved in death investigation
22aggrieved by a decision of the board shall have the right to
23appeal in accordance with 2 Pa.C.S. (relating to administrative
24law and procedure).

25Section 1256-A. Tuition and expenses to be paid by county.

26The tuition for the continuing education requirement under
27section 1255-A shall be paid by the county where the coroner,
28chief deputy coroner, deputy coroner or staff involved in death
29investigation was elected or the deputy appointed. In addition,
30upon successful completion of the continuing education

1requirement, the county shall reimburse each coroner, chief
2deputy coroner, deputy coroner or staff involved in death
3investigation for actual expenses incurred.

4Section 20. Repeals are as follows:

5(1) The General Assembly declares that the repeal under
6paragraph (2) is necessary to effectuate the provisions of
7this act.

8(2) The act of March 2, 1988 (P.L.108, No.22), referred
9to as the Coroners' Education Board Law, is repealed.

10Section 21. This act shall take effect as follows:

11(1) The additional national certification education
12requirements in section 1255-A shall take effect in four
13years.

14(2) This section shall take effect immediately.

15(3) The remainder of this act shall take effect in 60
16days.