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PRIOR PRINTER'S NOS. 296, 481
PRINTER'S NO. 1049
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
297
Session of
2015
INTRODUCED BY EVANKOVICH, COHEN, KNOWLES, READSHAW, DAVIS,
WATSON, TOPPER, A. HARRIS, DEASY, McGINNIS, MILLARD, GRELL,
SAYLOR, O'NEILL, MURT, GABLER, ROEBUCK, RAVENSTAHL AND KORTZ,
FEBRUARY 2, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 31, 2015
AN ACT
Providing for release of information by coroners and medical
examiners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Release of
Coroner and Medical Examiner Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." A county of the first class, second class, second
class A, third class, fourth class, fifth class, sixth class,
seventh class or eighth class, including a county within which
is located a city of the first class or with which a city of the
first class is coextensive.
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Section 3. Investigation information.
(a) General rule.--Notwithstanding the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law, and except
as provided in subsection (b), the following apply to public
release of information by a coroner or medical examiner:
(1) Following an investigation by a coroner or medical
examiner to determine the cause of any death in this
Commonwealth, the coroner or medical examiner shall not
release to the public the name of the deceased or the cause
and manner of death unless the release is in accordance with
the requirements under paragraph (2).
(2) Release of the information under paragraph (1) may
not occur until either notification of the next of kin of the
deceased individual is confirmed or 72 hours have elapsed
following the determination of the identity of the deceased
individual or the cause and manner of the death, whichever
occurs first.
(b) Public health emergencies.--Notwithstanding the
provisions of subsection (a), a coroner or medical examiner may
release to the public the name of the deceased and the cause and
manner of death at any time if the coroner or medical examiner
determines that the release is necessary to avert a public
health emergency.
SECTION 4. LIMITATION OF LIABILITY.
(A) GENERAL RULE.--A CORONER OR MEDICAL EXAMINER WHO ACTS IN
GOOD FAITH IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL
NOT BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY ARISING FROM ANY
ACTION UNDER THIS ACT.
(B) NONAPPLICABILITY.--THE IMMUNITY PROVIDED BY SUBSECTION
(A) SHALL NOT APPLY TO ACTS OF GROSS NEGLIGENCE OR RECKLESSNESS.
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SECTION 5. CONSTRUCTION.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT A CORONER
OR MEDICAL EXAMINER FROM RELEASING INFORMATION TO THE PUBLIC IF
THE IDENTITY OF THE DECEASED OR THE NEXT OF KIN IS UNKNOWN AND:
(1) THE INFORMATION IS NECESSARY TO FIND THE NEXT OF KIN
FOR PURPOSE OF NOTIFICATION UNDER SECTION 3.
(2) THE INFORMATION CONSISTS ONLY OF THE FOLLOWING:
(I) GENDER.
(II) RACE.
(III) AGE.
(IV) DATE THE DECEASED WAS FOUND.
(V) SKETCH.
(VI) ANY INFORMATION THE CORONER AND MEDICAL
EXAMINER DEEM NECESSARY.
(3) THE INFORMATION DOES NOT JEOPARDIZE AN OFFICIAL
INVESTIGATION.
(4) THE INFORMATION IS NOT PRIVILEGED OR CONFIDENTIAL
UNDER THE LAWS OF THIS COMMONWEALTH OR PURSUANT TO COURT
ORDER.
Section 4 6. Applicability.
This act shall apply in each county of this Commonwealth.
Section 5 7. Effective date.
This act shall take effect in 60 days.
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