PRIOR PRINTER'S NOS. 216, 3512 PRINTER'S NO. 3719
No. 214 Session of 2005
INTRODUCED BY GODSHALL, BENNINGHOFF, BUNT, CAPPELLI, CRAHALLA,
CREIGHTON, DENLINGER, FRANKEL, GEIST, GOODMAN, HERSHEY, HESS,
HUTCHINSON, R. MILLER, MUSTIO, PHILLIPS, PICKETT, REICHLEY,
E. Z. TAYLOR, THOMAS, YOUNGBLOOD AND CAUSER, FEBRUARY 2, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 14, 2006
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR <--
3 PAYMENTS TO FAMILY AND FUNERAL DIRECTORS; AND providing for
4 autopsies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 20 of the Pennsylvania Consolidated <--
8 Statutes is amended by adding a chapter to read:
9 SECTION 1. SECTION 3101(E)(1) OF TITLE 20 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 3101. PAYMENTS TO FAMILY AND FUNERAL DIRECTORS.
12 * * *
13 (E) UNCLAIMED PROPERTY.--
14 (1) IN ANY CASE WHERE PROPERTY OR FUNDS OWNED BY AN
15 INDIVIDUAL WHO HAS DIED A RESIDENT OF THIS COMMONWEALTH HAVE
16 BEEN REPORTED TO THE COMMONWEALTH AND ARE IN THE CUSTODY OF
17 THE STATE TREASURER AS UNCLAIMED OR ABANDONED PROPERTY, THE
1 STATE TREASURER, AT ANY TIME AFTER THE DEATH OF THE
2 INDIVIDUAL, SHALL BE AUTHORIZED UNDER THIS SECTION TO
3 DISTRIBUTE THE PROPERTY OR TO PAY THE AMOUNT BEING HELD IN
4 CUSTODY WHERE ALL OF THE FOLLOWING CONDITIONS ARE PRESENT:
5 (I) THE AMOUNT OF THE FUNDS OR THE VALUE OF THE
6 PROPERTY IS $11,000 OR LESS.
7 (II) THE PERSON CLAIMING THE PROPERTY OR THE FUNDS
8 IS THE SURVIVING SPOUSE, CHILD, MOTHER OR FATHER, OR
9 SISTER OR BROTHER, OR NIECE OR NEPHEW OF THE DECEDENT,
10 WITH PREFERENCE GIVEN IN THAT ORDER.
11 (III) A PERSONAL REPRESENTATIVE OF THE DECEDENT HAS
12 NOT BEEN APPOINTED OR FIVE YEARS HAVE LAPSED SINCE THE
13 APPOINTMENT OF A PERSONAL REPRESENTATIVE OF THE DECEDENT.
14 * * *
15 SECTION 2. TITLE 20 IS AMENDED BY ADDING A CHAPTER TO READ:
16 CHAPTER 89
17 AUTOPSIES
18 Sec.
19 8901. Definitions.
20 8902. Preparation of autopsy audiovisual material.
21 8903. Confidentiality.
22 8904. Penalties.
23 § 8901. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Autopsy." An examination of a body after death to determine
28 the:
29 (1) cause of death; or
30 (2) character and extent of changes produced by disease
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1 or injury.
2 "Autopsy audiovisual material." Any of the following:
3 (1) A photograph of the body of the decedent.
4 (2) A video recording of the autopsy.
5 (3) An audio recording of the autopsy.
6 "Law enforcement officer." Includes an investigative and a
7 prosecutorial officer.
8 "Managerial officer." As follows:
9 (1) For a partnership, a partner.
10 (2) For an unincorporated association, an elected
11 officer.
12 (3) For a corporation, an officer.
13 § 8902. Preparation of autopsy audiovisual material.
14 Law enforcement officers in the performance of official
15 duties may prepare audiovisual materials of an autopsy.
16 Otherwise, autopsy audiovisual material may not be prepared by
17 an individual unless the individual has the written consent of:
18 (1) the physician performing the autopsy; or
19 (2) the coroner or medical examiner authorized by law to
20 perform or order the autopsy.
21 § 8903. Confidentiality.
22 (a) General rule.--
23 (1) Except as set forth in subsection (b), autopsy
24 audiovisual material is confidential. Autopsy audiovisual
25 material may not be released by any of the following:
26 (i) The physician, coroner or medical examiner who
27 performed or ordered the autopsy.
28 (ii) An individual who assisted the physician,
29 coroner or medical examiner under subparagraph (i).
30 (iii) An individual who participated in the
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1 preparation of autopsy audiovisual material.
2 (iv) The facility where the autopsy was performed.
3 (v) Any other officers, staff, employees or agents
4 of an individual or facility under subparagraph (i),
5 (ii), (iii) or (iv).
6 (2) Paragraph (1) supersedes the act of June 21, 1957
7 (P.L.390, No.212), referred to as the Right-to-Know Law.
8 (b) Exception.--Subsection (a) does not apply to a release
9 of autopsy audiovisual material in any of the following
10 circumstances.
11 (1) Pursuant to consent of the decedent or a personal
12 representative, except that during an investigation by law
13 enforcement, medical examiner or a coroner, the information
14 shall only be released in accordance with paragraph (4)(ii)
15 and (iii).
16 (2) To a Federal, State or local law enforcement officer
17 in the performance of official duties.
18 (3) To the coroner or medical examiner for use in the
19 performance of official duties or training.
20 (4) To a person pursuant to a court order of public
21 necessity or, during litigation, pursuant to a court order.
22 For an order under this paragraph, the following apply:
23 (i) There must be notice to the personal
24 representative of the subject decedent.
25 (ii) There must be a hearing.
26 (iii) The court must determine, based upon clear and
27 convincing evidence, all of the following:
28 (A) Release of the autopsy audiovisual material
29 is necessary to protect public health or safety, or
30 is material and relevant to the litigation.
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1 (B) The necessity under clause (A) overrides the
2 privacy interest of the decedent and the family of
3 the decedent.
4 § 8904. Penalties.
5 (a) Preparation.--An individual who violates section 8902
6 (relating to preparation of autopsy audiovisual material)
7 commits a misdemeanor of the second degree.
8 (b) Confidentiality.--A person that violates section 8903
9 (relating to confidentiality) commits a misdemeanor of the first
10 degree.
11 Section 2 3. This act shall take effect in 60 days. <--
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