PRINTER'S NO. 591
No. 524 Session of 1983
INTRODUCED BY A. C. FOSTER, JR., LEVI, SHOWERS, BOYES, FLICK,
SCHEETZ, MARMION, BROUJOS, NAHILL, E. Z. TAYLOR, CAPPABIANCA
AND BOWSER, MARCH 22, 1983
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 22, 1983
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," further providing for
5 the powers and duties of the coroner; and making an editorial
6 change.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
10 as the Second Class County Code, is amended by adding a section
11 to read:
12 Section 1235.1. Requests for Examinations.--(a) Requests
13 for examinations or other professional services by other
14 counties or persons may be complied with at the discretion of
15 the coroner pursuant to guidelines established by the county
16 commissioners.
17 (b) A set of fees and charges for such examinations or
18 professional services shall be established by the coroner,
19 subject to approval by the county commissioners, and shall be
1 accounted for and paid to the county treasurer pursuant to
2 section 1960. Payment for examinations or professional services
3 shall be the responsibility of the county or person requesting
4 such services.
5 Section 2. Sections 1236, 1237, 1238, 1239 and 1243 of the
6 act are amended to read:
7 Section 1236. Coroner's Investigations.--(a) The coroner
8 having a view of the body shall investigate the facts and
9 circumstances concerning deaths which appear to have happened
10 within the county, regardless where the cause thereof may have
11 occurred, for the purpose of determining whether or not an
12 autopsy should be conducted or an inquest thereof shall be had,
13 in the following cases: [(1) Any sudden, as hereafter defined,
14 violent or suspicious death, (2) any death wherein no cause of
15 death is properly certified by a person duly authorized thereof,
16 (3) any death resulting from a mine accident, as directed by
17 law, (4) deaths resulting from drownings, cave-ins and
18 subsidences, (5) any stillbirth, or the death of any baby dying
19 within twenty-four hours after its birth, and, in addition
20 thereto, (6) the death of any prematurely born infant, wherein
21 the cause of death is not properly certified by a person duly
22 authorized thereto.
23 The purpose of the investigation shall be to determine
24 whether or not there is any reason sufficient to the coroner to
25 believe that any such death may have resulted from the criminal
26 acts or criminal neglect of persons other than the deceased,
27 rather than from natural causes or by suicide.]
28 (1) sudden deaths not caused by readily recognizable
29 disease, or wherein the case of death cannot be properly
30 certified by a physician on the basis or prior (recent) medical
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1 attendance;
2 (2) deaths occurring under suspicious circumstances,
3 including those where alcohol, drugs or other toxic substances
4 may have had a direct bearing on the outcome;
5 (3) deaths occurring as a result of violence or trauma,
6 whether apparently homicidal, suicidal or accidental (including,
7 but not limited to, those due to mechanical, thermal, chemical,
8 electrical or radiational injury, drowning, cave-ins and
9 subsidences);
10 (4) any death in which trauma, chemical injury, drug
11 overdose or reaction to drugs or medication or medical
12 treatment, was a primary or secondary, direct or indirect,
13 contributory, aggravating or precipitating cause of death;
14 (5) operative and peri-operative deaths in which the death
15 is not readily explainable on the basis of prior disease;
16 (6) any death wherein the body is unidentified or unclaimed;
17 (7) deaths known or suspected as due to contagious disease
18 and constituting a public hazard;
19 (8) deaths occurring in prison, a penal institution or while
20 in the custody of the police;
21 (9) deaths of persons whose bodies are to be cremated,
22 buried at sea or otherwise disposed of so as to be thereafter
23 unavailable for examination;
24 (10) sudden infant death syndrome; and
25 (11) stillbirths.
26 (b) The purpose of the investigation shall be to determine
27 the cause of any such death and to determine whether or not
28 there is sufficient reason for the coroner to believe that any
29 such death may have resulted from criminal acts or criminal
30 neglect of persons other than the deceased.
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1 Section 1237. [Inquest; Autopsy; Coroner's Duties;
2 Records.--If, upon the investigation by the coroner, he shall
3 not be satisfied thereby that the death resulted from natural
4 causes or by suicide, he shall proceed to conduct an inquest
5 upon a view of the body, as provided by law. In the conduct of
6 the inquest, the coroner may require such an autopsy as may be
7 necessary, in accordance with law. At the inquest, the coroner's
8 duty shall be to ascertain the cause of death and whether any
9 person other than the deceased was criminally responsible
10 therefor by act or neglect, and if so, the identity of the
11 person, and any further evidence and witnesses regarding the
12 crime. The proceedings at the inquest shall be recorded, at the
13 expense of the county, in a manner to be provided by the county
14 commissioners, and any salary that may be required for this
15 purpose shall be fixed by the salary board.] Autopsy; Inquest;
16 Records.--(a) If, upon investigation, the coroner shall be
17 unable to determine the cause and manner of death, he shall
18 perform or order an autopsy on the body.
19 (b) If the coroner is unable to determine the cause and
20 manner of death following the autopsy, he may conduct an inquest
21 upon a view of the body, as provided by law. At the inquest, the
22 coroner's duty shall be to ascertain the cause of death, to
23 determine whether any person other than the deceased was
24 criminally responsible therefor by act or neglect, and if so,
25 the identity of the person, and to examine any further evidence
26 and witnesses regarding the cause of death.
27 (c) The proceedings at the inquest shall be recorded, at the
28 expense of the county, in a manner to be provided by the county
29 commissioners.
30 Section 1238. Sudden Deaths Defined.--The coroner shall
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1 regard any death as sudden if it occurs without prior medical
2 attendance by a person who may lawfully execute a certificate of
3 death in this Commonwealth, or if, within twenty-four hours of
4 death, the decedent was discharged from such medical attendance
5 or a change of such medical attendance had occurred, or if any
6 such medical attendance began within twenty-four hours of death
7 and the medical attendant refuses or is unable to certify the
8 cause of death. Medical attendance includes hospitalization.
9 The provisions of this section shall not be construed to
10 affect the coroner's discretion as to whether or not any death
11 was suspicious, nor shall they be construed to authorize a
12 coroner to investigate a sudden death any further than necessary
13 to [convince him that the death was from natural causes and not
14 from any criminal act or neglect or another] determine the cause
15 and manner of death.
16 Section 1239. Bodies Not to be Moved.--In all cases where
17 the coroner has jurisdiction to investigate the facts and
18 circumstances of death, the body and its surroundings shall be
19 left untouched until the coroner has had a view thereof [and] or
20 until he shall otherwise direct or authorize, except as may be
21 otherwise provided by law, or as circumstances may require.
22 Bodies upon a public thoroughfare or in other places may be
23 removed so much as is necessary for precaution against traffic
24 accidents or other serious consequences which might reasonably
25 be anticipated if they were left intact.
26 Section 1243. Power of Subpoena and Attachment.--The coroner
27 shall have power to issue subpoenas to obtain the attendance of
28 any person whom it may be necessary to examine as a witness at
29 any inquest, and to compel attendance by attachment in like
30 manner and to the same extent as any court of [oyer and terminer
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1 and general jail delivery] common pleas of this Commonwealth may
2 or can do in cases pending before them, and also to compel in
3 like manner the production of all papers and other things
4 relative to such inquest. Such subpoena and attachment shall be
5 served and executed by the sheriff or by the coroner himself or
6 his deputy, as the case may require.
7 Section 3. The act is amended by adding sections to read:
8 Section 1243.1. Inquests; Juries.--(a) The coroner may at
9 his discretion summon a jury of six to be selected from the jury
10 panel in the criminal division, court of common pleas.
11 (b) The function of such jury shall be to determine the
12 manner of death and whether any criminal act or neglect of
13 persons known or unknown caused such death. Such jury shall be
14 paid as provided by law as if they were serving the court of
15 common pleas.
16 Section 1250. Pituitary Glands.--(a) The coroner performing
17 an autopsy otherwise authorized by law may remove the pituitary
18 gland of the decedent and dispose of it pursuant to subsection
19 (b) if:
20 (1) the decedent by his will or other document authorizes
21 the removal; or
22 (2) any of the persons listed in 20 Pa.C.S. § 8602(b)
23 (relating to persons who may execute an anatomical gift)
24 authorizes its removal and no person in a higher class, as
25 provided in 20 Pa.C.S. § 8602(b), overrules the person's
26 permission.
27 The pituitary glands may not be removed, as provided for in this
28 section, if the removal would interfere in any way with an
29 anatomical gift made pursuant to 20 Pa.C.S. Ch. 86 (relating to
30 anatomical gifts).
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1 (b) Pituitary glands removed pursuant to this section shall
2 be delivered to the National Pituitary Agency for use in
3 research and manufacturing of hormones necessary for the
4 physical growth of hypopituitary dwarfs, or to such other agency
5 or organization for similar purposes as authorized by the
6 Humanity Gifts Registry.
7 (c) Any moneys payable for the delivery of pituitary glands
8 as provided in subsection (b) may be waived by the coroner. If
9 such moneys are not waived, the proceeds shall be payable
10 directly to the county treasury and no officer or employe of the
11 coroner's office shall receive any compensation for such removal
12 or disposition except the salaries or fees otherwise payable by
13 law.
14 (d) Nothing in this section shall be construed to prohibit
15 or regulate the removal of pituitary glands when such removal is
16 deemed necessary for the purposes of the autopsy.
17 Section 1251. Anatomical Gifts.--The coroner may order the
18 removal of parts of a decedent's body for donation purposes in
19 accordance with 20 Pa.C.S. Ch. 86 (relating to anatomical
20 gifts).
21 Section 4. This act shall take effect in 60 days.
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