PRINTER'S NO. 1470
No. 1331 Session of 1993
INTRODUCED BY FAJT, LEVDANSKY, KAISER, MICHLOVIC, MARKOSEK,
MURPHY AND PETRONE, APRIL 21, 1993
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 21, 1993
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," abolishing the office of
5 elected coroner and creating the position of county medical
6 examiner in counties of the second class.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 401(a) of the act of July 28, 1953
10 (P.L.723, No.230), known as the Second Class County Code,
11 amended November 27, 1968 (P.L.1114, No.346), is amended to
12 read:
13 Section 401. Enumeration of Elected Officers.--(a) In the
14 county there shall be the following officers elected by the
15 qualified electors of the county:
16 (1) three county commissioners;
17 (2) one controller;
18 (3) one treasurer;
19 (4) one coroner in counties of the second class A;
1 (5) one recorder of deeds;
2 (6) one prothonotary;
3 (7) one clerk of the court of quarter sessions and of the
4 court of oyer and terminer;
5 (8) one register of wills;
6 (9) one sheriff;
7 (10) one district attorney;
8 (11) two jury commissioners.
9 * * *
10 Section 2. Sections 420 and 431 of the act are amended to
11 read:
12 Section 420. Official Bonds; Requirements.--Each of the
13 following officers, before entering upon his official duties,
14 whether he is elected, appointed or appointed to fill a vacancy,
15 shall give and acknowledge a bond to the county:
16 (1) Each county commissioner;
17 (2) The chief clerk of the county commissioners;
18 (3) The controller;
19 (4) The county treasurer;
20 (5) The prothonotary;
21 (6) The sheriff;
22 (7) The coroner or medical examiner;
23 (8) The clerk of the court of quarter sessions and oyer and
24 terminer;
25 (9) The clerk of the orphans' court;
26 (10) The recorder of deeds; and
27 (11) The probation and parole officers required by order of
28 court to give bond to the county.
29 Every such official bond shall be joint and several, with one
30 or more corporate sureties which shall be surety companies
19930H1331B1470 - 2 -
1 authorized to do business in this Commonwealth and duly licensed
2 by the Insurance Commissioner of the Commonwealth.
3 Section 431. Amount of Official Bonds.--The amount of the
4 bond to be given by county officers shall be as follows:
5 Of the clerk of the courts of oyer and terminer and general
6 jail delivery and courts of quarter sessions of the peace, ten
7 thousand dollars.
8 Of the county commissioners, ten thousand dollars each.
9 Of the county controller, fifty thousand dollars.
10 Of the coroner or medical examiner, fifteen thousand dollars.
11 Of the register of wills, thirty thousand dollars.
12 Of the prothonotary, forty thousand dollars.
13 Of the recorder of deeds, twenty thousand dollars.
14 Of the sheriff, sixty thousand dollars.
15 Of the county treasurer, two hundred thousand dollars.
16 Section 3. Section 434 of the act, amended September 28,
17 1978 (P.L.798, No.153), is amended to read:
18 Section 434. Deputies and Solicitors May Attend Annual
19 Meetings.--The deputy controller, the deputy sheriff, the deputy
20 register of wills, the deputy treasurer, the deputy
21 prothonotary, the deputy clerk of courts, the deputy recorder of
22 deeds, the deputy clerk of orphans' court, the first assistant
23 district attorney, one assistant public defender and the chief
24 deputy coroner or medical examiner, with the approval of his
25 principal and the solicitor for each office may attend the
26 annual meetings of his respective associations, either together
27 with the controller, sheriff, register of wills, prothonotary,
28 clerk of courts, recorder of deeds, district attorney, public
29 defender, coroner or medical examiner or treasurer, as the case
30 may be, or in his place.
19930H1331B1470 - 3 -
1 Section 4. Section 450(a) of the act, amended November 27,
2 1968 (P.L.1114, No.346), is amended to read:
3 Section 450. Removal of County Officers and Appointees.--(a)
4 The county commissioners, the sheriffs, coroners in counties of
5 the second class A, prothonotaries, registers of wills,
6 recorders of deeds, treasurers, controllers, clerks of the
7 courts, district attorneys, and any other officers of the
8 county, whether elected or duly appointed to fill a vacancy,
9 shall be removable from office only by impeachment, or by the
10 Governor, for reasonable cause, after due notice and full
11 hearing, on the advice of two-thirds of the Senate, or upon
12 conviction of misbehavior in office or of any infamous crime, in
13 accordance with the Constitution of this Commonwealth, but their
14 title to office may be tried by proceedings of quo warranto as
15 provided by law.
16 * * *
17 Section 5. The heading of Article XII of the act is amended
18 and the article is amended by adding a subdivision to read:
19 Article XII
20 Sheriff [and], Coroner and County Medical Examiner
21 * * *
22 (c) Second Class County Medical Examiner
23 Section 1261. County Medical Examiner.--(a) The office of
24 county medical examiner is hereby created in counties of the
25 second class.
26 (b) The office of county medical examiner shall be headed by
27 the county medical examiner who shall be appointed by the county
28 commissioners.
29 (c) The present coroner shall, upon the effective date of
30 this section, be the county medical examiner and shall serve in
19930H1331B1470 - 4 -
1 accordance with the terms and conditions of this subdivision.
2 (d) (1) Upon a vacancy in the position of county medical
3 examiner, the county commissioners shall appoint a County
4 Medical Examiner Selection Committee. This committee shall be
5 comprised of nine members as follows:
6 (i) One member shall be the district attorney of the county.
7 (ii) One member shall be the Chairman of the Department of
8 Epidemiology of the University of Pittsburgh's School of Public
9 Health or his designee.
10 (iii) One member shall be the Chairman of the Department of
11 Forensic Psychiatry of the Western Psychiatric Institute and
12 Clinic or his designee.
13 (iv) One member, appointed in consultation with the Funeral
14 Directors Society of the county, shall be an accredited funeral
15 director whose place of business is within the county.
16 (v) One member shall be the President of the Allegheny
17 County Police Chiefs Association or his designee.
18 (vi) One member shall be the Dean of the Medical School of
19 the University of Pittsburgh or his designee.
20 (vii) One member shall be the Dean of the Law School of
21 Duquesne University or his designee.
22 (viii) Two members shall be appointed from the general
23 public. The county commissioners shall not appoint persons who
24 are either physicians or attorneys to serve as public members.
25 (2) All members of the selection committee shall either
26 maintain their principal residence or principal place of
27 business within a county of the second class.
28 (3) The selection committee shall review the professional
29 credentials of individuals interested in the position of county
30 medical examiner to insure that the individual meets the
19930H1331B1470 - 5 -
1 requirements of this section. The committee members may also
2 consider other additional factors, as deemed appropriate, such
3 as professional and administrative experience, a personal
4 interview, education beyond the minimum requirements, etc. The
5 selection committee shall then, within sixty days of the
6 appointment of the committee, present a list of at least three
7 candidates who, in the best judgment of the committee members,
8 would be both qualified and able to hold the position of county
9 medical examiner from which the county commissioners shall
10 appoint a county medical examiner: Provided however, That in the
11 event that the county commissioners find all candidates
12 unacceptable, they shall, within fifteen days of such finding,
13 communicate such finding to the selection committee with a
14 written explanation of why such candidates are unacceptable. The
15 committee shall then, within thirty days, nominate additional
16 candidates to the county commissioners.
17 (e) No person shall be appointed county medical examiner
18 unless he is a physician licensed, or qualified to be licensed,
19 to practice medicine in this Commonwealth and is certified as a
20 Diplomate in Anatomic Pathology by the American Board of
21 Pathology, with at least two-years' experience in the field of
22 forensic pathology.
23 (f) Following a one-year probationary period, the county
24 medical examiner shall be subject to removal for cause by the
25 county commissioners and he shall be removed from office on
26 conviction of misbehavior in office or of any infamous crime.
27 (g) Following five consecutive years of service by the same
28 individual as county medical examiner, the County Medical
29 Examiner Selection Committee shall review the performance of the
30 individual and the office of the county medical examiner and
19930H1331B1470 - 6 -
1 make a recommendation to the county commissioners regarding his
2 retention.
3 (1) At this time, the county medical examiner may be removed
4 by of the county commissioners for cause and the office shall be
5 declared vacant and filled pursuant to the provisions of this
6 section. The county commissioners shall, within fifteen days of
7 the removal of the county medical examiner, supply the outgoing
8 county medical examiner with a written explanation of why he is
9 being dismissed.
10 (2) If the county medical examiner is retained, he shall be
11 subject to similar reviews at subsequent five-year intervals, if
12 he holds the position for such a length of time.
13 (h) The county medical examiner may not engage in the
14 private practice of medicine for profit which would conflict
15 with any duties, responsibilities or authority of the office of
16 the county medical examiner and involves the use of the
17 facilities or personnel of the office of the county medical
18 examiner or the county morgue.
19 (i) Except where otherwise specified, all powers and duties
20 previously exercised and performed by the coroner in counties of
21 the second class shall hereinafter be exercised and performed by
22 the county medical examiner.
23 (j) The county medical examiner must provide the County
24 Medical Examiner Selection Committee and the county
25 commissioners with an annual financial and administrative report
26 on the operations of the office.
27 Section 1262. Office of County Medical Examiner.--(a) The
28 county medical examiner may appoint a chief deputy medical
29 examiner and may appoint one or more additional deputies to act
30 in his place, as he deems necessary. The deputy or deputies
19930H1331B1470 - 7 -
1 shall have the same powers as the county medical examiner. The
2 county medical examiner shall also have the power to appoint,
3 remove and supervise all employes of the office of county
4 medical examiner.
5 (b) The county medical examiner may appoint one person,
6 learned in the law, as his solicitor. The solicitor shall advise
7 the county medical examiner upon all legal matters that may be
8 submitted to him and shall conduct any litigation in connection
9 with the coroner's office when requested to do so by him. The
10 salary of the solicitor shall be determined by the salary board.
11 (c) If the county medical examiner shall be legally removed
12 from office or shall die or resign, the chief deputy medical
13 examiner, where one exists, shall execute the office of county
14 medical examiner and perform all things thereunto appertaining
15 until another county medical examiner is appointed and notice
16 thereof is given to such chief deputy medical examiner.
17 (d) The county commissioners shall make available, according
18 to existing law, such funds for investigative, technical and
19 clerical personnel and such facilities and equipment as the
20 county commissioners shall deem necessary for the county medical
21 examiner to carry out his duties as herein prescribed.
22 (e) The county salary board shall set the compensation of
23 the county medical examiner and all other employes of the office
24 of county medical examiner.
25 (f) Requests for examinations or other professional services
26 by other counties or persons may be complied with at the
27 pleasure of the county medical examiner pursuant to guidelines
28 established by the county commissioners:
29 (1) A set of fees and charges for such examinations or
30 professional services shall be established by the county medical
19930H1331B1470 - 8 -
1 examiner, subject to approval by the county commissioners and
2 shall be accounted for and paid to the county treasurer pursuant
3 to sections 1801 and 1802.
4 (2) Payment for examinations or professional services shall
5 be the responsibility of the county or person requesting such
6 services.
7 (g) The county medical examiner shall make general rules and
8 regulations for the government and control of county morgues,
9 and shall, where such staff is necessary, appoint suitable
10 persons for such morgues so established to have charge of the
11 same, and who shall be removable at the pleasure of the county
12 medical examiner. The number of such persons and the salary of
13 each shall be fixed by the salary board.
14 (h) The county medical examiner shall establish, and revise
15 when necessary, guidelines relative to the qualifications and
16 responsibilities of his employes.
17 (i) The office of the county medical examiner shall be
18 available for official business twenty-four hours a day, seven
19 days a week.
20 Section 1263. Removal of Bodies to Morgue.--Whenever the
21 body of any deceased person who is unidentified, or which body
22 is unclaimed by proper persons, has been found within the
23 county, it shall be removed to the county morgue. The county
24 medical examiner shall, if he deems it necessary, cause any such
25 body to be properly embalmed or prepared for preservation for
26 such length of time as he may think proper. Any such body shall
27 be examined or inspected only by such persons as the county
28 medical examiner authorizes in writing or who are admitted in
29 his presence. No such body shall be removed from any such morgue
30 except upon the certificate of the county medical examiner.
19930H1331B1470 - 9 -
1 Section 1264. Ambulances.--In the county, the county
2 commissioners shall furnish and maintain, from the general funds
3 of the county, ambulances for the removal of bodies of deceased
4 persons to and from the morgue and for the burial of unclaimed
5 bodies. The county medical examiner may provide rules and
6 regulations for the use and maintenance of the ambulances.
7 Section 1265. Unclaimed Property of Deceased; Sales.--(a)
8 The county medical examiner shall safely keep in his charge all
9 personal effects and property which appear to have been on or
10 about the person at the time of his death, or being found on any
11 decedent whose body is received at the county morgue, and all
12 such effects and property which are delivered to him according
13 to law. The county medical examiner shall hold such property for
14 one year, unless sooner claimed by legal representatives of the
15 deceased or otherwise duly and lawfully claimed or disposed of.
16 (b) After one year, the county medical examiner shall cause
17 such property remaining unclaimed, or so much thereof as remains
18 undisposed of according to law except moneys and such properties
19 as securities which may not be subject to such a sale, which
20 shall be turned over to the county commissioners for proper
21 disposition or use, to be sold at public sale.
22 (c) Notice of any such public sale shall be published in at
23 least one newspaper of general circulation in the county once a
24 week for three successive weeks. The proceeds of all such sales
25 shall be paid immediately into the county treasury, and the
26 county medical examiner shall make a written report thereof to
27 the county commissioners, under oath, at the same time. If the
28 body has been buried at the expense of the institution district,
29 the county shall pay the proceeds of the sale, of such property
30 as was not subject to sale, as hereinbefore provided, less
19930H1331B1470 - 10 -
1 costs, over to the institution district. The foregoing
2 provisions shall be in lieu of escheat to the Commonwealth.
3 Section 1266. County Medical Examiner's Investigations.--The
4 county medical examiner having a view of the body shall
5 investigate the facts and circumstances concerning deaths which
6 appear to have happened within the county, regardless where the
7 cause thereof may have occurred, for the purpose of determining
8 whether or not an autopsy should be conducted or an inquest
9 should be held, in the following cases:
10 (1) sudden deaths not caused by readily recognizable
11 disease, or wherein the cause of death cannot be properly
12 certified by a physician on the basis of prior (recent) medical
13 attendance;
14 (2) deaths occurring under suspicious circumstances,
15 including those where alcohol, drugs or other toxic substances
16 may have had a direct bearing on the outcome;
17 (3) deaths occurring as a result of violence or trauma,
18 whether apparently homicidal, suicidal or accidental (including
19 those due to mechanical, thermal, chemical, electrical or
20 radiational injury, drowning, cave-ins and subsidences);
21 (4) any death in which trauma, chemical injury, drug
22 overdose or reaction to drugs or medication or medical
23 treatment, was a primary or secondary, direct or indirect,
24 contributory, aggravating or precipitating cause of death;
25 (5) operative and peri-operative deaths in which the death
26 is 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
29 and constituting a public hazard;
30 (8) deaths occurring in prison, penal institution or while
19930H1331B1470 - 11 -
1 in the custody of the police;
2 (9) deaths of persons whose bodies are to be cremated,
3 buried at sea or otherwise disposed of so as to be thereafter
4 unavailable for examination; and
5 (10) sudden infant death syndrome.
6 The purpose of the investigation shall be to determine the cause
7 of any such death and to determine whether or not there is
8 sufficient reason for the county medical examiner to believe
9 that any such death may have resulted from criminal acts or
10 criminal neglect of persons other than the deceased.
11 Section 1267. Sudden Deaths Defined.--The county medical
12 examiner shall regard any death as sudden if it occurs without
13 prior medical attendance by a person who may lawfully execute a
14 certificate of death in this Commonwealth, or if, within twenty-
15 four hours of death, the decedent was discharged from such
16 medical attendance if a change of such medical attendance had
17 occurred, or if such medical attendance began within twenty-four
18 hours of death and the medical attendant refuses or is unable to
19 certify the cause of death. Medical attendance includes
20 hospitalization. The provisions of this section shall not be
21 construed to affect the medical examiner's discretion as to
22 whether or not any death was suspicious, nor shall they be
23 construed to authorize the county medical examiner to
24 investigate a sudden death any further than necessary to
25 determine the cause and manner of death.
26 Section 1268. Bodies not to be Moved.--In all cases where
27 the county medical examiner has jurisdiction to investigate the
28 facts and circumstances of death, the body and its surroundings
29 shall be left untouched until the county medical examiner has
30 had a view thereof or until he shall otherwise direct or
19930H1331B1470 - 12 -
1 authorize, except as may be otherwise provided by law, or as
2 circumstances may require. Bodies upon a public thoroughfare or
3 in other places may be removed so much as is necessary for
4 precaution against traffic accidents or other serious
5 consequences which might reasonably be anticipated if they were
6 left intact.
7 Section 1269. County Medical Examiner's Investigation,
8 Autopsy; Inquest; Records.--(a) If, upon the investigation by
9 the county medical examiner, he shall be unable to determine the
10 cause and manner of death, he shall perform an autopsy on the
11 body.
12 (b) If the county medical examiner is unable to determine
13 the cause and manner of death following the autopsy, he shall
14 proceed to conduct an inquest upon a view of the body, as
15 provided by law. At the inquest, the county medical examiner's
16 duty shall be to ascertain the cause of death and to determine
17 whether any person other than the deceased was criminally
18 responsible therefor by act or neglect, and if so, the identity
19 of the persons, and any further evidence and witnesses regarding
20 the crime.
21 (c) The proceedings at the inquest shall be recorded, at the
22 expense of the county, in a manner to be provided by the county
23 commissioners, and any salary that may be required for this
24 purpose shall be fixed by the salary board.
25 (d) The county medical examiner may, in his discretion,
26 admit or exclude members of the public from any inquest or part
27 thereof, and admit or exclude any person interested or suspected
28 from such inquest or any part thereof. No person excluded may
29 appear by attorney, but any person required to attend may have
30 benefit of counsel at such attendance.
19930H1331B1470 - 13 -
1 Section 1270. Inquests; Juries.--(a) The county medical
2 examiner may at his discretion summon a jury of six to be
3 selected from the jury panel in the criminal division, court of
4 common pleas.
5 (b) The function of such jury shall be to determine the
6 manner of death and whether any criminal act of persons known or
7 unknown caused such death. Such jury shall be paid as provided
8 by law as if they were serving the court of common pleas.
9 Section 1271. Power of Subpoena and Attachment.--The county
10 medical examiner shall have power to issue subpoenas to obtain
11 the attendance of any person whom it may be necessary to examine
12 as a witness at any inquest, and to compel attendance by
13 attachment in like manner and to the same extent as any court of
14 common pleas of this Commonwealth may or can do in cases pending
15 before it, and also to compel in like manner the production of
16 all papers and other things relative to such inquest. Such
17 subpoena and attachment shall be served and executed by the
18 sheriff or by the medical examiner himself or his deputy, as the
19 case may require.
20 Section 1272. Power to Administer Oaths.--The county medical
21 examiner shall have power to administer oaths and affirmations
22 to all persons brought or appearing before him, and any person
23 swearing or affirming falsely on such examination shall be
24 guilty of perjury.
25 Section 1273. Commitment to County Prison.--If any person
26 appearing before the county medical examiner for examination
27 shall refuse to take oath or affirmation, or after having been
28 sworn or affirmed shall refuse to make answer to such questions
29 as shall be put to him by the county medical examiner touching
30 the matters of the inquest, such person so refusing may be held
19930H1331B1470 - 14 -
1 for contempt before the court of common pleas.
2 Section 1274. Cooperation with District Attorney.--In the
3 exercise of his duties as contained in this subdivision, the
4 county medical examiner shall, so far as may be practicable,
5 consult and advise with the district attorney.
6 Section 1275. Release of County Medical Examiner's
7 Jurisdiction.--Whenever the county medical examiner assumes
8 jurisdiction of a body pursuant to the provisions of this
9 subdivision or of any other law, the body shall not be released
10 or removed from his jurisdiction except upon his direction and
11 consent, in accordance with law.
12 Section 1276. Certificate of Cause of Death.--The county
13 medical examiner shall issue a certificate of cause of death in
14 all cases referred to him by the local registrar of vital
15 statistics, pursuant to the provisions of the act of June 29,
16 1953 (P.L.304, No.66), known as the "Vital Statistics Law of
17 1953," and in all other cases of which he has jurisdiction, if
18 no person duly authorized by that act certifies the cause of
19 death.
20 Section 1277. Pituitary Glands.--(a) The county medical
21 examiner performing an autopsy otherwise authorized by law may
22 remove the pituitary gland of the decedent and dispose of it
23 pursuant to subsection (b) if:
24 (1) the decedent by his will or other document authorizes
25 the removal; or
26 (2) any of the persons listed in 20 Pa.C.S. § 8602(b)
27 (relating to persons who may execute an anatomical gift)
28 authorizes its removal and no person in a higher class, as
29 provided in 20 Pa.C.S. § 8602(b), overrules the person's
30 permission.
19930H1331B1470 - 15 -
1 The pituitary glands may not be removed, as provided for in this
2 section, if the removal would interfere in any way with an
3 anatomical gift made pursuant to 20 Pa.C.S. Ch. 86 (relating to
4 anatomical gifts).
5 (b) Pituitary glands removed pursuant to this section shall
6 be delivered to the National Pituitary Agency for use in
7 research and manufacturing of hormones necessary for the
8 physical growth of hypopituitary dwarfs, or to such other agency
9 or organization for similar purposes as authorized by the
10 Humanity Gifts Registry.
11 (c) Any moneys payable for the delivery of pituitary glands
12 as provided in subsection (b) may be waived by the county
13 medical examiner. If such moneys are not waived, the proceeds
14 shall be payable directly to the county treasury and no officer
15 or employe of the county medical examiner's office shall receive
16 any compensation for such removal or disposition except the
17 salaries or fees otherwise payable by law.
18 (d) Nothing in this section shall be construed to prohibit
19 or regulate the removal of pituitary glands when such removal is
20 deemed necessary for the purposes of the autopsy.
21 Section 1278. Anatomical Gifts.--The county medical examiner
22 may order the removal of parts of a decedents body for donation
23 purposes in accordance with Chapter 86 of Title 20 (relating to
24 anatomical gifts).
25 Section 6. The heading of subdivision (c) of Article XII and
26 sections 1260, 1261 and 1262 of the act are amended to read:
27 [(c)] (d) Provisions Relating to Sheriffs [and],
28 Coroners and Medical Examiners
29 Section [1260] 1290. Not to Exercise Office Until Commission
30 Granted and Recorded; Penalty.--No person elected or appointed
19930H1331B1470 - 16 -
1 to the office of sheriff or coroner shall execute any of the
2 duties of such office before a commission shall have been duly
3 granted to him by the Governor and recorded in the recorder of
4 deeds office, under a penalty of imprisonment for a term not
5 exceeding six months, at the discretion of the court of quarter
6 sessions. Such person shall nevertheless be liable to any person
7 injured by any acts done by him under color of such office.
8 Section [1261] 1291. Recognizances of Sheriffs [and],
9 Coroners and Medical Examiners.--(a) Every sheriff, whether
10 elected, reelected or appointed to fill a vacancy, not including
11 any coroner temporarily acting as sheriff, and every coroner and
12 medical examiner, before he is commissioned or executes any
13 duties of his respective office, shall execute and duly
14 acknowledge before the recorder of deeds a proper recognizance,
15 without any surety, to the Commonwealth of Pennsylvania for the
16 faithful discharge of all of his official duties, in like manner
17 as that of his official bond required by law and in a form
18 containing like conditions as such bond. The recognizance shall
19 be immediately recorded in said county, at the expense of said
20 sheriff or coroner or medical examiner, and when so recorded
21 shall be transmitted to the Secretary of the Commonwealth with
22 said recorder's certificate endorsed thereon of its having been
23 duly recorded and with a reference to the place of record
24 thereof.
25 (b) Every such recognizance hereafter executed shall
26 continue to be a lien on the real estate owned by the sheriff or
27 coroner or medical examiner at the date of such acknowledgment
28 for a period of six years from that date. Every recognizance
29 heretofore executed by any sheriff or coroner or medical
30 examiner shall continue to be a lien on the real estate owned by
19930H1331B1470 - 17 -
1 the sheriff or coroner or medical examiner at the time the
2 recognizance was dated for a period of six years after that
3 date, but in every case where the period of six years has
4 already expired, the lien of such recognizance shall continue
5 for a period of two years after the twenty-ninth day of
6 September, one thousand nine hundred fifty-one, or to the end of
7 the lien term fixed by law at the time the recognizance was
8 executed, whichever date shall first occur.
9 (c) The Secretary of the Commonwealth shall have and keep
10 the custody of every such recognizance, and any copy thereof and
11 of said endorsements certified to by the Secretary of the
12 Commonwealth shall be competent evidence of the execution,
13 delivery and recording thereof in any judicial proceedings, and
14 may be relied upon by any public officer to the same extent as
15 the original recognizance.
16 (d) The recorder of deeds may also certify copies of such
17 recognizance and the time and place of record thereof for like
18 purposes, upon receipt of his fees therefor, according to
19 existing laws.
20 (e) Such recognizance or any duly certified copy thereof may
21 likewise be recorded and indexed like a judgment in any other
22 county of this Commonwealth by any person or public officer,
23 upon payment of the usual fees to the recorder of deeds and
24 prothonotary of such county, respectively, for the purpose of
25 creating a lien on any real estate of the sheriff or coroner or
26 medical examiner obligated thereby lying in such other county.
27 (f) It shall be the duty of the recorder of deeds of the
28 county for which a sheriff or coroner or medical examiner is
29 elected or appointed, as soon as said sheriff or coroner or
30 medical examiner is commissioned, to certify the date, amount
19930H1331B1470 - 18 -
1 and place of record of his recognizance, with the name and
2 address of said sheriff or coroner or medical examiner, to the
3 prothonotary of said county, who shall enter such information
4 upon his dockets and index the lien of such recognizance like a
5 judgment obtained in the court of common pleas of the county.
6 (g) Every sheriff's or coroner's or medical examiner's
7 recognizance hereafter given shall inure to the benefit of any
8 surety on his official bond entitled to subrogation to the
9 rights of any person or corporation, including any county
10 intended to be benefited thereby, injured by any official
11 misconduct or neglect of the sheriff or coroner or medical
12 examiner who executed such recognizance, to the extent of any
13 payments by such surety for any damages for which such sheriff
14 or coroner or medical examiner may be held to be liable in any
15 suit or proceedings against such sheriff or coroner or medical
16 examiner on his official bond or recognizance. A similar right
17 of subrogation may be enforced with respect to any such
18 recognizance heretofore given, to the extent permitted by law or
19 equity.
20 Section [1262] 1292. Sale of Real Estate Bound by Lien.--(a)
21 If the sheriff or coroner or medical examiner shall sell any
22 real estate bound by the lien of any recognizance, such sheriff
23 or coroner or medical examiner may present a petition to the
24 court of common pleas of the county wherein the land so bound is
25 situate, accompanied by notice to his sureties on his official
26 bond and to his board of county commissioners, setting forth the
27 fact of such sale, and praying for a release of the lien of such
28 recognizance upon the real estate described in the petition.
29 (b) The court, being satisfied of the sufficiency of the
30 sureties upon his official bond and that no action has been
19930H1331B1470 - 19 -
1 commenced by any person or corporation on said recognizance, or
2 that all suits thereon have been ended by payment of any
3 judgments obtained therein or otherwise, may release the lien
4 upon such land.
5 (c) The court of common pleas of such officer's county may,
6 before the release of the lien upon any such real estate,
7 approve of additional sureties to be added or substituted upon
8 his official bond, as such court shall deem necessary.
9 Section 7. Sections 1925, 2112 and 2590 of the act are
10 amended to read:
11 Section 1925. Power of Subpoena and Attachment.--The
12 controller shall have power to issue subpoenas to obtain the
13 attendance of the officers whose accounts they are required to
14 adjust, their executors and administrators, and of any person
15 whom it may be necessary to examine as witnesses, and to compel
16 their attendance by attachment, in like manner and to the same
17 extent as any court of common pleas of this State may or can do
18 in cases pending before them, and also to compel in like manner
19 the production of all books, vouchers and papers relative to
20 such accounts. Such subpoena and attachment shall be served and
21 executed by the sheriff or coroner or medical examiner of the
22 county, as the case may require.
23 Section 2112. Notification to County Commissioners.--The
24 coroners, medical examiners and all other public officers,
25 agents and servants, and all officers, agents and servants of
26 any county, city, township, borough, district or other
27 municipality, or of any prison, morgue, hospital, home or other
28 public institution, having the control or custody of the body of
29 the deceased service person whose body is entitled to be buried
30 under the provisions of this subdivision, shall immediately,
19930H1331B1470 - 20 -
1 upon the death or arrival of the body of such deceased service
2 person, notify the county commissioners of the county wherein
3 such death occurred or wherein such deceased service person
4 shall have had his legal residence.
5 Section 2590. Authority to Provide; Approval.--The county
6 commissioners of each county may, upon presentment of two
7 successive grand juries of the county, buy or lease land and
8 construct and maintain thereon, at the expense of the county, a
9 morgue for the reception and care of the bodies of all unclaimed
10 deceased persons upon whom it may be necessary to hold a
11 coroner's inquest and such other bodies as the coroner or
12 medical examiner of the county may, by written order, direct to
13 be received therein. The location of such morgue shall be
14 determined by the county commissioners, subject to the approval
15 of a judge of the court of common pleas and the coroner or
16 medical examiner of the county.
17 Section 8. The office of coroner in second class counties is
18 hereby abolished and following January 10, 1994, no person shall
19 hereafter be elected as any such officer after the existing
20 coroner's term of office terminates.
21 Section 9. The provisions of this amendatory act shall not
22 apply until the end of the existing coroner's term of office,
23 unless a vacancy occurs in the office of coroner in which case a
24 county medical examiner shall be appointed as the successor to
25 the coroner in accordance with this amendatory act.
26 Section 10. This act shall take effect January 10, 1994.
L2L16JLW/19930H1331B1470 - 21 -