Regular Session 2015-2016 House Bill 1931 P.N. 3045

PRINTER'S NO. 3045

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1931

Session of

2015

INTRODUCED BY BENNINGHOFF, CAUSER, COHEN, EVERETT, GILLEN,

GODSHALL, A. HARRIS, KAUFFMAN, MILLARD, MILNE, MURT,

PASHINSKI, PICKETT, SCHLOSSBERG, SCHWEYER AND WATSON,

APRIL 1, 2016

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 1, 2016

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," in sheriff

and coroner, providing for chief deputy sheriff to act as

sheriff in case of a vacancy; repealing provisions related to

coroners in Article XII; in coroner, providing for

definitions, for deputies, for duties regarding county

morgues, for removal of bodies to morgue, for coroners'

vehicles, for unclaimed property of deceased and sales, for

private morgue may be used, for requests for examinations and

reports and for cremation or disposition authorization,

imposing a penalty, providing for coroner's investigation,

for drugs, for autopsy, inquest and records, for certain

child deaths, for sudden death, for bodies not to be moved,

for release of coroner's jurisdiction, for cooperation with

district attorney, for cooperation with other counties, for

certificate of cause of death, for power of subpoena and

attachment, for inquests and juries, for power to administer

oaths, for commitment to county prison, for inquests not

public, for chief deputy coroner to act as coroner in case of

vacancy, for vacancies and no fees upon commissions, for

records of coroner, for certain reproduction of images of

deceased prohibited, for solicitor to coroner, for anatomical

gifts, for not to exercise office until commission granted

and recorded and penalty, for Coroners' Education Board, for

coroners' course of instruction, for elected and appointed

coroners to take course of instruction and pass examination,

for chief deputies and deputies to take course of

instruction, for continuing education and for tuition and

expenses to be paid by county; and repealing Coroners'

Education Board Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article XII heading of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, is amended to read:

ARTICLE XII

SHERIFF [AND CORONER]

Section 2. The heading of Subarticle (a) of Article XII and

section 1214 of the act are repealed:

[(a) Sheriff

Section 1214. Chief Deputy Coroner to Act as Coroner in Case

of a Vacancy.--If any coroner shall be legally removed from his

office or shall die or resign before the expiration of the term

for which he was commissioned, the chief deputy coroner shall

execute the office of coroner and perform all things thereunto

appertaining and receive and retain for his own use the

compensation provided by law for coroners until another coroner

is commissioned and notice thereof is given to such chief deputy

coroner.]

Section 3. The act is amended by adding a section to read:

Section 1216. Chief Deputy Sheriff to Act as Sheriff in Case

of a Vacancy.--If any sheriff shall be legally removed from his

office or shall die or resign before the expiration of the term

for which he was commissioned, the chief deputy sheriff shall

execute the office of sheriff and perform all things thereunto

appertaining and receive and retain for his own use the

compensation provided by law for sheriffs until another sheriff

is commissioned and notice thereof is given to the chief deputy

sheriff.

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Section 4. Subarticles (b) and (c) of Article XII of the act

are repealed:

[(b) Coroner

Section 1231. Deputies.--The coroner may appoint one or more

deputies to act in his place and stead, as he may deem proper

and necessary. Such deputy or deputies shall have the same

powers as the coroner.

Section 1232. Duties with Respect to County Morgues.--The

coroner of each county in which a county morgue is established,

shall make general rules and regulations for its government and

control, and shall appoint suitable persons for each morgue so

established to have charge of the same, and who shall be

removable at the pleasure of the coroner. The number of such

persons and the salary of each shall be fixed by the salary

board.

Section 1233. Removal of Bodies to Morgue.--Whenever the

body of any deceased person who is unidentified or which body is

unclaimed by proper persons has been found within the county, it

shall be removed to the county morgue or to a private morgue

serving in lieu thereof. The coroner shall, if he deems it

necessary, cause any such body to be properly embalmed or

prepared for preservation for such length of time as he may

think proper. Any such body shall be examined or inspected only

by such persons as the coroner authorizes in writing, or who are

admitted in his presence. No such body shall be removed from any

such morgue except upon the certificate of the coroner.

Section 1234. Ambulance.--In each county, the county

commissioners may furnish and maintain, from the general funds

of the county, an ambulance for the removal of bodies of

deceased persons to and from the morgue, and for the burial of

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unclaimed bodies. The coroner may provide rules and regulations

for the use and maintenance of the ambulance.

Section 1235. Unclaimed Property of Deceased; Sales.--(a)

The coroner shall safely keep in his charge all personal effects

and property which appear to have been on or about the person at

the time of his death, or being found on any decedent whose body

is received at the county morgue or at any other morgue serving

in lieu thereof, and all such effects and property which are

delivered to him according to law. The coroner shall hold such

property for one year, unless sooner claimed by legal

representatives of the deceased, or otherwise duly and lawfully

claimed or disposed of.

(b) After one year, the coroner shall cause such property

remaining unclaimed, or so much thereof as remains undisposed of

according to law, except moneys and such properties as

securities which may not be subject to such a sale, which shall

be turned over to the commissioners for proper disposition or

use, to be sold at public sale.

least one newspaper of general circulation in the county once a

week for three successive weeks. The proceeds of all such sales

shall be paid immediately into the county treasury, and the

coroner shall make a written report thereof to the county

commissioners, under oath, at the same time. If the body has

been buried at the expense of the institution district, the

county shall pay the proceeds of sale, or such property as was

not subject to sale, as hereinbefore provided, less costs, over

to the institution district. The foregoing provisions shall be

in lieu of escheat to the Commonwealth.

Section 1236. Private Morgue May be Used.--In any county

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where a county morgue is not maintained, the coroner may cause

any body which he is authorized to admit to a county morgue to

be removed to a private morgue within the county, and, for the

use thereof, the owner shall be paid a sum to be established by

the salary board, to be paid in the same manner as fees of

coroner's jurors are paid.

Section 1236.1. Requests for Examinations and Reports.--(a)

Requests for examinations or other professional services by

other counties or persons may be complied with at the discretion

of the coroner pursuant to guidelines established by the county

commissioners.

(b) A set of fees and charges for such examinations or

professional services shall be established by the coroner,

subject to approval by the county commissioners, and shall be

accounted for and paid to the county treasurer pursuant to

section 1760. Payment for examinations or professional services

shall be the responsibility of the county or person requesting

such services.

hundred dollars ($100) for each autopsy report, up to fifty

dollars ($50) for each toxicology report, up to fifty dollars

($50) for each inquisition or coroner's report and such other

fees as may be established from time to time for other reports

and documents requested by nongovernmental agencies. The fees

collected shall be accounted for and paid to the county

treasurer pursuant to section 1760 and shall be used to defray

the expenses involved in the county complying with the

provisions of the act of March 2, 1988 (P.L.108, No.22),

referred to as the Coroners' Education Board Law.

Section 1237. Coroner's Investigations.--(a) The coroner

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having a view of the body shall investigate the facts and

circumstances concerning deaths which appear to have happened

within the county, regardless where the cause thereof may have

occurred, for the purpose of determining whether or not an

autopsy should be conducted or an inquest thereof should be had,

in the following cases:

(1) sudden deaths not caused by readily recognizable

disease, or wherein the cause of death cannot be properly

certified by a physician on the basis of prior (recent) medical

attendance;

(2) deaths occurring under suspicious circumstances,

including those where alcohol, drugs or other toxic substances

may have had a direct bearing on the outcome;

(3) deaths occurring as a result of violence or trauma,

whether apparently homicidal, suicidal or accidental (including,

but not limited to, those due to mechanical, thermal, chemical,

electrical or radiational injury, drowning, cave-ins and

subsidences);

(4) any death in which trauma, chemical injury, drug

overdose or reaction to drugs or medication or medical treatment

was a primary or secondary, direct or indirect, contributory,

aggravating or precipitating cause of death;

(5) operative and peri-operative deaths in which the death

is not readily explainable on the basis of prior disease;

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

(7) deaths known or suspected as due to contagious disease

and constituting a public hazard;

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

while in the custody of the police;

(9) deaths of persons whose bodies are to be cremated,

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buried at sea or otherwise disposed of so as to be thereafter

unavailable for examination;

(10) sudden infant death syndrome; and

(11) stillbirths.

(b) The purpose of the investigation shall be to determine

the cause of any such death and to determine whether or not

there is sufficient reason for the coroner to believe that any

such death may have resulted from criminal acts or criminal

neglect of persons other than the deceased.

determine the identity of the deceased and notify the next of

kin of the deceased.

Section 1238. Autopsy; Inquest; Records.--(a) If, upon

investigation, the coroner shall be unable to determine the

cause and manner of death, he shall perform or order an autopsy

on the body.

(b) If the coroner is unable to determine the cause and

manner of death following the autopsy, he may conduct an inquest

upon a view of the body, as provided by law. At the inquest, the

coroner's duty shall be to ascertain the cause of death, to

determine whether any person other than the deceased was

criminally responsible therefor by act or neglect, and if so,

the identity of the person, and to examine any further evidence

and witnesses regarding the cause of death.

expense of the county, in a manner to be provided by the county

commissioners.

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

regard any death as sudden if it occurs without prior medical

attendance by a person who may lawfully execute a certificate of

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death in this Commonwealth, or if, within twenty-four hours of

death, the decedent was discharged from such medical attendance

or a change of such medical attendance had occurred, or if any

such medical attendance began within twenty-four hours of death

and the medical attendant refuses or is unable to certify the

cause of death. Medical attendance includes hospitalization.

The provisions of this section shall not be construed to

affect the coroner's discretion as to whether or not any death

was suspicious, nor shall they be construed to authorize a

coroner to investigate a sudden death any further than necessary

to determine the cause and manner of death.

Section 1240. Bodies not to be Moved.--In all cases where

the coroner has jurisdiction to investigate the facts and

circumstances of death, the body and its surroundings shall be

left untouched until the coroner has had a view thereof or until

he shall otherwise direct or authorize, except as may be

otherwise provided by law, or as circumstances may require.

Bodies upon a public thoroughfare or in other places may be

removed so much as is necessary for precaution against traffic

accidents or other serious consequences which might reasonably

be anticipated if they were left intact.

Section 1241. Release of Coroner's Jurisdiction.--Whenever

the coroner assumes jurisdiction of a body pursuant to the

provisions of this subdivision or of any other law, the body

shall not be released or removed from his jurisdiction except

upon his directions and consent, in accordance with law.

Section 1242. Cooperation with District Attorney.--In the

exercise of his duties as contained in this subdivision, the

coroner shall, so far as may be practicable, consult and advise

with the district attorney. The district attorney shall act as

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counsel to the coroner in matters relating to inquests.

Section 1243. Justices of the Peace not Affected.--The

provisions of this subdivision shall not be construed to affect

any provisions of law requiring or authorizing justices of the

peace in certain cases to act in place of the coroner.

Section 1244. Certificate of Cause of Death.--The coroner

shall issue a certificate of cause of death in all cases

referred to him by the local registrar of vital statistics,

pursuant to the provisions of the act, approved June twenty-

nine, one thousand nine hundred fifty-three (Pamphlet Laws 304),

known as the "Vital Statistics Law of 1953," and in all other

cases of which he has jurisdiction, if no person duly authorized

by the said act certifies the cause of death.

Section 1245. Power of Subpoena and Attachment.--The coroner

shall have power to issue subpoenas to obtain the attendance of

any person whom it may be necessary to examine as a witness at

any inquest, and to compel attendance by attachment in like

manner and to the same extent as any court of common pleas of

this Commonwealth may or can do in cases pending before them,

and also to compel in like manner the production of all papers

and other things relative to such inquest. Such subpoena and

attachment shall be served and executed by the sheriff or by the

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

Section 1245.1. Inquests; Juries.--(a) The coroner may at

his discretion summon a jury of six to be selected from the jury

panels of the court of common pleas.

(b) The function of such jury shall be to determine the

manner of death and whether any criminal act or neglect of

persons known or unknown caused such death. Such jury shall be

paid as provided by law as if they were serving the court of

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common pleas.

Section 1246. Power to Administer Oaths.--The coroner shall

have power to administer oaths and affirmations to all persons

brought or appearing before him, and any person swearing or

affirming falsely on such examination shall be guilty of

perjury.

Section 1247. Commitment to County Prison.--If any person

appearing before the coroner for examination shall refuse to

take oath or affirmation, or after having been sworn or affirmed

shall refuse to make answer to such questions as shall be put to

him by the coroner touching the matters of the inquest, such

persons so refusing may be committed by the coroner to the

county jail by warrant, under his hand and seal, directed to the

sheriff or any constable of the county, setting forth

particularly the causes of such commitment, until he shall

submit to be sworn or affirmed or to make answers to such

questions or be otherwise legally discharged.

Section 1248. Inquests Not Public.--The coroner may, in his

discretion, admit or exclude members of the public from any

inquest or part thereof, and admit or exclude any person

interested or suspected from such inquest or any part thereof,

but this provision shall not apply to representatives of the

press. No person excluded may appear by attorney, but any person

required to attend may have benefit of counsel at such

attendance.

Section 1249. Chief Deputy Sheriff to Act as Sheriff in Case

of Vacancy.--If any sheriff shall be legally removed from his

office or shall die or resign before expiration of the term for

which he was commissioned, the chief deputy sheriff shall

execute the office of sheriff and perform all things thereunto

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appertaining, and receive and retain for his own use the

compensation provided by law for sheriffs, until another sheriff

is commissioned and notice thereof is given to such chief deputy

sheriff.

Section 1250. Vacancies; No Fees upon Commissions.--If any

person elected to the office of coroner shall neglect or refuse,

for the space of two months next after such election, to assume

the duties of said office and to comply with the requirements of

the acts of Assembly in such cases, the office shall be vacant,

and it shall be the duty of the Governor, upon the notification

of the recorder of deeds, to appoint and commission some

suitable person to fill such vacancy during the remainder of the

term. No fees shall hereafter be charged on commissions issued

to the coroner.

Section 1251. Official Records of Coroner.--Every coroner,

within thirty (30) days after the end of each year, shall

deposit all of his official records and papers for the preceding

year in the office of the prothonotary for the inspection of all

persons interested therein.

Section 1252. Solicitor to Coroner.--The coroner may appoint

one person learned in the law, as his solicitor. Said solicitor

shall advise the coroner upon all legal matters that may be

submitted to him and shall conduct any litigation in connection

with the coroner's office when requested so to do by the

coroner.

Section 1253. Anatomical Gifts.--The coroner may order the

removal of parts of a decedent's body for donation purposes in

accordance with 20 Pa.C.S. Ch. 86 (relating to anatomical

gifts).

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Section 1260. Not to Exercise Office Until Commission

Granted and Recorded; Penalty.--No person elected or appointed

to the office of sheriff or coroner shall execute any of the

duties of such office before a commission shall have been duly

granted to him by the Governor and left for record, under a

penalty of imprisonment for a term not exceeding six months, at

the discretion of the court of quarter sessions. Such person

shall nevertheless be liable to any person injured by any acts

done by him under color of such office.]

Section 5. The act is amended by adding an article to read:

ARTICLE XII-A

CORONER

(a) Preliminary Provisions

Section 1201-A. Applicability.

Except as otherwise provided, this article shall apply to

counties of the second class, second class A and third through

eighth classes.

Section 1202-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Autopsy." The external and internal examination of the body

of a deceased person, including, but not limited to:

(1) gross visual inspection and dissection of the body

and its internal organs;

(2) photographic or narrative documentation of findings,

microscopic, radiological, toxicological, chemical, magnetic

resonance imaging or other laboratory analysis performed upon

tissues, organs, blood, other bodily fluids, gases or other

specimens; and

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(3) the retention for diagnostic and documentary

purposes of tissues, organs, blood, or other bodily fluids,

gases, or any other specimens necessary to establish and

defend against challenges to the cause and manner of death of

the deceased person.

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

"Coroner." An elected or appointed coroner or an elected or

appointed medical examiner.

"Staff." Includes persons in the coroner's office who engage

in activities relating to death investigation. The term may

refer to a medical investigator, forensic technician, laboratory

director, forensic supervisor, forensic investigator, scientist

or autopsy or histology technician.

(b) General Provisions

Section 1211-A. Deputies.

The coroner may appoint one or more deputies to act in the

coroner's place and staff to positions established in accordance

with section 1623 as the coroner may deem proper and necessary.

A deputy shall have the same powers as the coroner.

Section 1212-A. Duties regarding county morgues.

(a) Coroner.--The coroner of a county in which a county

morgue is established shall:

(1) make general rules and regulations for the morgue's

operation and control; and

(2) appoint suitable persons for the morgue to have

charge of the same. The persons shall be removable at the

pleasure of the coroner.

(b) Salary board.-- The salary board shall fix the number of

persons appointed under subsection (a)(2) and their salaries.

Section 1213-A. Removal of bodies to morgue.

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(a) Unidentified or unclaimed body.--When the body of a

deceased person is unidentified or unclaimed by a proper person

and found within the county, it shall be removed to the county

morgue or, in a county of the third through eighth class, to a

facility serving in lieu of the county morgue. If deemed

necessary, the coroner shall cause the body to be properly

embalmed or prepared for preservation for the length of time as

the coroner may think proper to determine the deceased's

identity, the identity of a party responsible for the deceased

and the cause and manner of death. The body shall be examined or

inspected only by a person as the coroner authorizes or who is

admitted in the coroner's presence.

(b) Removal from morgue.--A body may not be removed from a

morgue except upon the authorization of the coroner.

Section 1214-A. Coroners' vehicles.

In each county, the county commissioners shall, at the

request of the coroner, furnish and maintain from the general

funds of the county, an ambulance and vehicles for use by the

coroner in the performance of official duties. The duties shall

include administration, investigative or educational purposes or

the removal of bodies of deceased persons to and from the morgue

and the burial of unclaimed bodies. The coroner may provide

rules and regulations for the use and maintenance of the

ambulance and vehicles.

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

(a) Duty to keep.--The coroner shall safely keep in the

coroner's charge:

(1) the personal effects and property that appear to

have been on or about the person at the time of death or

being found on a decedent whose body is received at the

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county morgue or at any other facility serving in lieu of the

county morgue; and

(2) the effects and property that are delivered to the

coroner according to law.

(b) Required holding period.--The coroner shall hold the

property for one year unless sooner claimed by legal

representatives of the deceased or otherwise duly and lawfully

disposed of or claimed.

representatives of the deceased, if the disposition of the

deceased has been at county expense, the amount to recover the

cost of disposition shall be retained for the county with the

balance, if any, going to the legal representatives.

(d) Costs of securing.--In cases where the coroner secures

the premises of the deceased, the costs of securing may be

charged against the estate of the deceased.

(e) Civil liability.--A coroner who secures or safeguards

the property and its contents is immune from civil liability for

damage to or loss of the property or its contents.

(f) Property unclaimed after one year.--After one year, the

coroner shall cause the property remaining unclaimed or so much

as remains undisposed of according to law, except money and the

properties as securities that may not be subject to such a sale,

to be turned over to the commissioners for proper disposition or

use, to be sold at public sale.

(g) Notice.--Notice of the public sale shall be published in

at least one newspaper of general circulation in the county once

a week for three successive weeks. The proceeds of the sales

shall be paid immediately into the county treasury. The

foregoing provisions are in lieu of escheating to the

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Commonwealth.

Section 1216-A. Private morgue may be used.

In a county of the third through eighth class where a county

morgue is not maintained, the coroner may cause a body that the

coroner is authorized to admit to a county morgue to be removed

to a private facility of the coroner's choosing. For the use of

the facility, the owner shall be paid a sum to be established by

the county by agreement with the owner.

Section 1217-A. Requests for examinations and reports.

(a) Requests for examinations.--A request for an examination

or other professional service by another county or person may be

complied with at the discretion of the coroner under guidelines

established by the county commissioners.

(b) Fees and charges for examinations or professional

services.--A set of fees and charges for the examinations or

professional services shall be established by the coroner,

subject to approval by the county commissioners, and shall be

accounted for and paid to the county treasurer under section

1760. Payment for examinations or professional services shall be

the responsibility of the county or person requesting such

services.

of $500 for an autopsy report, $100 for a toxicology report,

$100 for an inquisition or coroner's report, $50 for a cremation

or disposition authorization and other fees as may be

established from time to time for other reports or documents

requested by nongovernmental agencies in order to investigate a

claim asserted under a policy of insurance or to determine

liability for the death of the deceased. A record produced by

the coroner in response to the request may not be publicly

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released except in response to a civil or criminal subpoena, a

discovery request, a legally enforceable order from a court, a

request from law enforcement or the Commonwealth and its

agencies or other governmental agency. The fees collected under

this subsection shall be accounted for and paid to the county

treasurer under section 1760 and shall be used to defray the

expenses involved in the county complying with Subarticle (c).

(d) Record disclosure.--This section may not be construed as

authorizing disclosure of a record exempt from public access in

accordance with the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law, or section 1236-A.

Section 1218-A. Cremation or disposition authorization.

(a) Duty of funeral director.--A funeral director shall

obtain a verifiable written authorization from the coroner prior

to cremating or disposing or providing for the cremation or

disposition of a dead body that is subject to the coroner's

jurisdiction as provided in section 1219-A.

(b) Contents of authorization.--The request for written

authorization shall contain the following information supplied

by the funeral director seeking authorization:

(1) the name, address, race, sex, age and date of birth

of the deceased;

(2) the cause and manner of death;

(3) whether an autopsy was performed;

(4) the individual who certified the death;

(5) the name of funeral home; and

(6) the name of the person authorizing cremation or

disposition and the person's relationship, if any, to the

deceased.

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fails to secure authorization for cremation or disposition

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not less than $200 for each authorization not

obtained. Failure to obtain authorization may result in a report

to a board, commission or department of the Commonwealth

authorized to license, certify, register or permit the practice

of an occupation or profession for appropriate disciplinary

action.

Section 1219-A. Coroner's investigation.

(a) Duty to investigate.--The coroner having a view of the

body shall investigate the facts and circumstances concerning a

death that appears to have happened within the county,

regardless where the cause of the death may have occurred, for

the purpose of determining whether or not an autopsy or inquest

should be conducted in the following cases:

(1) a sudden death not caused by readily recognizable

disease, or where the cause of death cannot be properly

certified by a physician on the basis of prior recent medical

attendance;

(2) a death occurring under suspicious circumstances,

including those where alcohol, drugs or other toxic

substances may have had a direct bearing on the outcome;

(3) a death occurring as a result of violence or trauma,

whether apparently homicidal, suicidal or accidental,

including, but not limited to, a death due to mechanical,

thermal, chemical, electrical or radiational injury,

drowning, cave-in or subsidence;

(4) a death in which trauma, chemical injury, drug

overdose or reaction to drugs or medication or medical

treatment was a primary or secondary, direct or indirect,

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contributory, aggravating or precipitating cause of death;

(5) an operative and peri-operative death in which the

death is not readily explainable on the basis of prior

disease;

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

(7) a death known or suspected as due to contagious

disease and constituting a public hazard;

(8) a death occurring in prison or a penal institution

or while in the custody of the police;

(9) a death of a person whose body is to be cremated,

buried at sea or otherwise disposed of so as to be

unavailable for examination thereafter;

(10) a sudden and unexplained infant death; and

(11) a stillbirth.

(b) Purpose.--The purpose of the investigation is to

determine:

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

(2) whether or not there is sufficient reason for the

coroner to believe that the death may have resulted from a

criminal act or criminal neglect of a person other than the

deceased.

shall determine the identity of the deceased and notify the next

of kin of the deceased.

Section 1220-A. Drugs.

(a) Records.--When the coroner collects a drug at the scene

of an investigation, there shall be a record of a prescription

or illegal drug of the decedent. When the drug is no longer

needed for an investigative or scientific purpose, the coroner

shall properly dispose of the drug in accordance with standard

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operating procedures.

(b) Notice to coroner.--Whenever a narcotics treatment

provider is aware of the death of the person receiving

treatment, the provider shall notify the coroner of such death.

hospital for a possible drug overdose, the hospital shall obtain

two additional tubes of admission blood, which shall be properly

secured and maintained by chain of custody protocol for

potential future evidentiary purposes until the patient is

either discharged or the coroner has been notified of the death.

In the event of death, the hospital shall furnish the tubes of

admission blood to the coroner.

Section 1221-A. Autopsy, inquest and records.

(a) Autopsy.--If after investigation the coroner is unable

to determine the cause and manner of death, the coroner shall

perform or order an autopsy on the body.

(b) Inquest.--If the coroner is unable to determine the

cause and manner of death following the autopsy, the coroner may

conduct an inquest upon a view of the body, as provided by law.

At the inquest, the coroner's duty shall be as follows:

(1) To ascertain the cause of death.

(2) To determine whether any person other than the

deceased was criminally responsible by act or neglect and the

identity of the person or persons who may be responsible.

(3) To examine any further evidence and witnesses

regarding the cause of death.

recorded, at the expense of the county, in a manner to be

provided by the county commissioners.

(d) Retention and disposal.--

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(1) The coroner may retain a deoxyribonucleic acid (DNA)

specimen for diagnostic, evidentiary or confirmatory

purposes.

(2) Retained tissue, organ, blood, other bodily fluid,

gas or another specimen from an autopsy are medical waste and

shall be disposed of in accordance with applicable Federal

and State laws.

(e) Liability.--A coroner who in good faith orders or

performs a medical examination or autopsy under statutory

authority is immune from civil liability for damages for

ordering or performing the examination or autopsy.

Section 1222-A. Certain child deaths.

(a) General rule.--A coroner shall perform or order an

autopsy to be conducted in the case of the sudden unexplained

death of a child who is three years of age or less. In

circumstances where an autopsy is required, the autopsy shall be

conducted in the manner the coroner determines is the least

invasive manner appropriate.

(b) Investigation.--

(1) In the case of the death of a child who is three

years of age or less and the coroner determines that an

investigation is appropriate, the investigation shall include

the following information:

(i) Demographic information on the child and the

child's primary caregivers.

(ii) Witness interview.

(iii) Infant medical history.

(iv) Biological mother's prenatal history.

(v) Incident scene investigation.

(vi) Scene and body diagrams.

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(2) In doing the investigation, the coroner shall

consider nationally recognized standards for pediatric death

review.

for the purpose of aiding in the research of the causes of

sudden and unexplained infant deaths and to provide genetic

information as to the manner of death.

Section 1223-A. Sudden death.

(a) General rule.--The coroner shall regard a death as

sudden if the death either:

(1) Occurs without prior medical attendance by a person

who may lawfully execute a certificate of death in this

Commonwealth.

(2) Within 24 hours of death the decedent:

(i) was discharged from medical attendance;

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

(iii) had medical attendance within 24 hours of

death and the medical attendant refuses or is unable to

certify the cause of death.

(b) Construction.--The section shall not be construed to

affect the coroner's discretion as to whether or not a death was

suspicious or to authorize a coroner to investigate a sudden

death any further than necessary to determine the cause and

manner of death.

attendance" shall include hospitalization, nursing home and

hospice care.

Section 1224-A. Bodies not to be moved.

(a) General rule.--In a case where the coroner has

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jurisdiction to investigate the facts and circumstances of

death, the body and the surroundings of the body shall be left

untouched until either:

(1) The coroner has conducted an initial investigation

of the scene of death, including viewing and photographing

the scene in the manner that most fully discloses how the

person died.

(2) Until the coroner shall otherwise direct or

authorize, except as may be otherwise provided by law, or as

circumstances may require.

(b) Exception.--Bodies on a public thoroughfare or other

place may be moved if necessary for the administration of

emergency care and as a precaution against a traffic accident or

another serious consequence that might reasonably be anticipated

if the body was left in place. The removal of the body shall be

done so as to not substantially destroy or alter the evidence.

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

If the coroner assumes jurisdiction of a body pursuant to the

provisions of this article or of another law, the body shall not

be released or removed from the coroner's jurisdiction except

upon the coroner's directions and consent, in accordance with

law.

Section 1226-A. Cooperation with district attorney.

In the exercise of duties as contained in this article, the

coroner shall consult and advise with the district attorney, so

far as may be practicable. The district attorney may act as

counsel to the coroner in matters relating to inquests.

Section 1227-A. Cooperation with other counties.

When one or more coroners deem it necessary to establish a

facility for conducting forensic testing and autopsies, a county

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or counties may establish and operate the facility.

Section 1228-A. Certificate of cause of death.

The coroner shall issue a certificate of cause of death in

each case referred to the coroner by the local registrar of

vital statistics, under the act of June 29, 1953 (P.L.304,

No.66), known as the Vital Statistics Law of 1953. The coroner

shall also issue a certificate of cause of death in each case in

which the coroner has jurisdiction and no person duly authorized

by law certifies the cause of death.

Section 1229-A. Power of subpoena and attachment.

The coroner shall have power to issue subpoenas and

attachments, that shall be served and executed by the sheriff,

coroner or coroner's deputy, for the following purposes:

(1) A death investigation.

(2) To obtain the attendance of a person whom it may be

necessary to examine as a witness at any inquest.

(3) To compel attendance by attachment in like manner

and extent as a court of common pleas of this Commonwealth

can do in cases pending before the court.

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

(i) Papers.

(ii) Documents in any form or media, including

medical and mental health records.

(iii) Other things relative to the investigation or

inquest.

Section 1230-A. Inquests and juries.

(a) Jury.--The coroner may summon a jury of six and two

alternates to be selected from the jury panels of the court of

common pleas.

(b) Function.--The function of the jury shall be to

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determine the manner of death and whether a criminal act or

neglect of a person or persons known or unknown caused the

death. The jury shall be paid as provided by law as if the jury

members were serving the court of common pleas.

Section 1231-A. Power to administer oaths.

The coroner shall have the power to administer oaths and

affirmations to a person brought or appearing before the

coroner. A person swearing or affirming falsely on the

examination shall be guilty of perjury.

Section 1232-A. Commitment to county prison.

A person may be committed by a coroner to the county jail by

warrant directed to the sheriff or any constable of the county,

setting forth particularly the cause of the commitment, if the

person does either of the following while appearing before the

coroner for examination:

(1) Refuses to take an oath or affirmation.

(2) Refuses to answer a question as asked by the coroner

on the matters of the inquest after having been sworn or

affirmed, until such time as he shall submit to be sworn or

affirmed or to make answers to the questions or be otherwise

legally discharged.

Section 1233-A. Inquests not public.

(1) In counties of third through eighth classes, the

coroner may:

(i) Admit or exclude members of the public from an

inquest or a part of an inquest.

(ii) Admit or exclude a person interested or

suspected from the inquest or a part of an inquest.

(2) This section shall not apply to representatives of

the press.

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(3) An excluded person may not appear by attorney.

(4) A person required to attend may have counsel at the

attendance.

Section 1234-A. Chief deputy coroner to act as coroner in case

of vacancy.

If a coroner is legally removed from office, dies or resigns

before the expiration of the term for which the coroner was

elected or appointed, the chief deputy coroner shall execute the

office of coroner, perform all related duties and receive and

retain the compensation provided by law for coroner, until

another coroner is duly appointed.

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

(a) Vacancies.--Except as otherwise provided in subsection

(c), if a person who is elected to the office of coroner

neglects or refuses for the two months after the election to

assume the duties of the office and to comply with the

requirements of the law, the office shall be deemed vacant. The

Governor shall notify the recorder of deeds and appoint and

commission a suitable person to fill the vacancy during the

remainder of the term.

(b) Fees.--A fee may not be charged on commissions issued to

the coroner.

second class A, the appointee to the office of medical examiner

shall serve and the term of office shall be as provided by

county ordinance.

Section 1236-A. Records of coroner.

(a) Maintenance.--All records shall be maintained in the

office of the coroner. If no office is maintained, then a public

record providing the name of the deceased, the date of death,

20160HB1931PN3045 - 26 -

and the cause and manner of death shall be deposited in the

office of prothonotary for the inspection of a person with an

interest in the record.

(b) Limitation on public records.--A record, made by or

caused to be taken or made by the coroner, indicating any of the

following in a personally identifiable manner may not be

considered a public record:

(1) An individual's medical, psychiatric history,

psychological history or disability status. This paragraph

shall include an evaluation, consultation, prescription,

diagnosis or treatment.

(2) Results of tests, including drug tests, or relating

to a criminal investigation.

(3) An autopsy record, a digital image of a postmortem

examination or autopsy, a copy, reproduction or facsimile of

an autopsy report or a photograph, negative or print. This

paragraph shall include a photograph or videotape of the body

or a portion of the body of a deceased person at the scene of

death or in the course of a postmortem examination or

autopsy.

record that is or may contain medical, psychiatric,

psychological or investigatory matter, the disclosure of which

would constitute an invasion of personal privacy either to the

reputation of the deceased or to the physical and mental well-

being of any next of kin, shall do the following:

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

(2) Provide clear and convincing proof of a general need

that overrides the privacy or is not prohibited by any

applicable Federal or State law or regulation.

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(d) Use of data.--The coroner may use information or

photographs for purposes of official duties, training and

education, as long as the personally identifiable information

has been removed.

(e) Data to Commonwealth.--Nothing shall prohibit the

coroner from providing information to the Commonwealth as

required by other laws, provided the information will not be

publicly reported in a personally identifiable manner.

(f) Report to General Assembly.--Annually the coroners shall

provide a report to the General Assembly regarding drug-related

deaths for the prior calendar year.

Section 1237-A. Certain reproduction of images of deceased

prohibited.

(a) Images.--A first responder who is dispatched to or is

otherwise present at the scene of a motor vehicle accident or

other emergency situation, for the purpose of providing medical

care or other assistance, may not photograph, film, videotape,

record or otherwise reproduce in any manner, the image of an

individual who is deceased or is being provided medical care or

other assistance, except in accordance with applicable rules,

regulations or operating procedures of the agency employing the

first responder.

(b) Disclosure.--A first responder may not disclose any

photograph, film, videotape, record, or other reproduction of

the image of an individual, living or deceased, being removed

from or being provided medical care or other assistance at the

scene of a motor vehicle accident or other emergency situation

without the prior written consent of the individual, or the

individual's next-of-kin if the individual cannot provide

consent, unless that disclosure was for a legitimate law

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enforcement, public safety, health care or insurance purpose or

pursuant to a court order.

violates the the provisions of subsection (b) commits a

misdemeanor and shall, upon conviction, pay a fine of not less

than $200. Each photograph, film, digital image, videotape,

record or other reproduction shall constitute a separate

offense.

(d) Civil liability.--In addition to any other right of

action or recovery otherwise available under the laws of this

Commonwealth, a first responder who knowingly violates the

provisions of subsection (a) or (b) shall be liable to the

individual or the individual's next-of-kin whose image was taken

or disclosed, who may bring a civil action.

(e) Damages.--The court may award damages for civil

liability under subsection (d) as follows:

(1) Actual damages, but not less than liquidated damages

computed at the rate of $1,000 for each violation of this

article.

(2) Punitive damages upon proof of willful or reckless

disregard of the law.

(3) Reasonable attorney fees and other litigation costs

reasonably incurred.

(4) Other preliminary and equitable relief as the court

determines to be appropriate.

(f) Definitions.--As used in this section, the following

words and phrases when used in this section shall have the

meanings given to them in this subsection:

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

trade, mail, deliver, transfer, publish, distribute, circulate,

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disseminate, present, exhibit, advertise or offer.

"First responder." Any of the following:

(1) A law enforcement officer.

(2) Paid or volunteer firefighter.

(3) Paid or volunteer member of a duly incorporated

first aid, emergency, ambulance or rescue squad association.

(4) Any other individual who, in the course of the

individual's employment, is dispatched to the scene of a

motor vehicle accident or other emergency situation for the

purpose of providing medical care, removal of a deceased

individual or other assistance.

Section 1238-A. Solicitor to coroner.

(a) Solicitor.--The coroner may appoint an individual who

shall be an attorney-at-law admitted to practice in the courts

of this Commonwealth, as solicitor. The solicitor shall advise

the coroner upon all legal matters that may be submitted to the

coroner and shall conduct any litigation in connection with the

coroner's office when requested to do so by the coroner.

(b) Salary and costs.--In counties of the second class, the

following shall apply:

(1) The salary of the solicitor shall be determined by

the salary board. The salary shall be paid out of the fees

received and paid into the office of the coroner.

(2) All costs and expenses incurred by the coroner in

any manner connected with litigation or claims arising out of

or relating to the coroner's office, shall be paid by the

county out of fees received by the coroner's office.

Section 1239-A. Anatomical gifts.

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

body for donation purposes in accordance with 20 Pa.C.S. Ch. 86

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(relating to anatomical gifts).

Section 1240-A. Not to exercise office until commission granted

and recorded and penalty.

An individual elected or appointed to the office of coroner

may not execute any of the duties of office before a commission

shall have been duly granted to the coroner by the Governor and

properly recorded. An individual who violates this section may

be sentenced to imprisonment for a term not exceeding six

months. The individual shall be liable to any person injured by

any acts done by the individual under color of the office.

Section 1251-A. Coroners' Education Board.

(a) Members.--There is established the Coroners' Education

Board in the Office of Attorney General. The board shall consist

of the following members:

(1) The Commissioner of the Pennsylvania State Police or

the commissioner's designee.

(2) The Attorney General or the Attorney General's

designee.

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

(4) Six individuals appointed by the Governor with the

advice and consent of a majority of the members elected to

the Senate, one of whom shall be a forensic pathologist

licensed to practice in this Commonwealth and five of whom

shall be elected coroners, one of whom shall be a physician

coroner or other licensed health care professional coroner.

(b) Terms.--The terms of the members appointed by the

Governor under subsection (a)(4) shall be for four years.

Vacancies shall be filled for the unexpired term.

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majority of the members shall constitute a quorum.

(d) Expenses.--Members of the board may not receive a

salary, but the members appointed by the Governor shall be

entitled to actual expenses incurred in the performance of their

duties.

Section 1252-A. Coroners' course of instruction.

(a) Course of instruction.--The board shall approve a course

of instruction that shall be given to all coroners upon their

first election or appointment to office.

(b) Contents of course.--The course of instruction shall

consist of not less than 40 hours and shall be given between the

date of each municipal election and December 31 of that year.

and place of the course of instruction.

(d) Deputies.--In addition to the course of instruction for

elected or appointed coroners, the board shall approve a course

of instruction for chief deputy and deputy coroners that shall

be of the duration and given at the time and place as the board

shall determine.

(e) Personnel.--All State departments, agencies, boards and

commissions shall cooperate in providing personnel, equipment

and support to the courses of instruction.

(f) Examination.--In addition to approving the courses of

instruction that shall include subjects as crime-scene

investigation, toxicology, forensic autopsies and the legal

duties of the office of the coroner, the board shall approve a

written examination for the coroners and the deputies, to be

given at the conclusion of each course of instruction.

(g) Tuition.--The board shall establish the tuition to be

charged for the courses of instruction that shall be as nearly

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equal to the cost of conducting the courses and the examination

as possible.

Section 1253-A. Elected and appointed coroners to take course

of instruction and pass examination.

(a) Successful examination.--After the effective date of

this article, an individual elected or appointed for the first

time to the office of coroner in this Commonwealth may not be

eligible to take the oath of office unless the individual has

attended the course of instruction and successfully passed the

certification examination given at the conclusion of the course

unless, for just cause, the board postpones his attendance and

examination. If the individual elected or appointed fails to

attend the course and pass the certification examination without

being excused, there shall be deemed to be a vacancy in the

office, and it shall be filled in accordance with the law.

(b) Successor coroners.--In the event of a vacancy in the

office of coroner, the individual appointed to fill the vacancy

shall attend the next course of instruction offered for deputies

and, at the conclusion of the course, successfully pass a

special certification examination offered by the board for

coroners appointed to fill vacancies. Upon the failure of the

appointee to take this course of instruction or to pass this

certification examination, a vacancy shall occur that shall be

filled in accordance with the law. In the event an individual

who is appointed to fill a vacancy has, before the appointment,

taken the course of instruction for elected and appointed

coroners and passed the certification examination or has taken

the course of instruction for deputies and has passed the

certification examination, except as otherwise provided under

this article, a course or certification examination shall not be

20160HB1931PN3045 - 33 -

required.

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

instruction.

After the effective date of this article, a vacancy shall be

deemed to exist in the office of a chief deputy or deputy

coroner six months after appointment unless the individual has

completed the course of instruction provided for in section

1252-A(d) or unless, for just cause, the board postpones the

individual's completion of the course. This section shall not

apply to those chief deputies or deputy coroners who are covered

by section 1253-A(a).

Section 1255-A. Continuing education.

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

(1) Each year, every coroner, chief deputy coroner,

deputy coroner or staff involved in death investigation

shall take continuing education of not less than 12 credit

hours. The board may, by regulation and after notice of the

continuing education requirement, increase the total number

of hours required.

(2) As part of a coroner's continuing education, every

coroner shall attain national medicolegal certification and

maintain the number of hours of continuing education required

for the national certification.

(3) A credit shall not be given for more than four hours

per year for continuing education given online.

(b) Contents.--The board shall determine which courses,

seminars, lectures and meetings qualify for credits under this

section and the number of credits to be given to each. The

instruction may be given in conjunction with the annual

convention of the Pennsylvania State Coroners Association. In

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determining whether a specialty forensic course shall meet the

requirements of this article, the board shall consider whether

it is approved by another recognized training or educational

entity.

board shall determine if the coroner, chief deputy coroner,

deputy coroner or staff involved in death investigation has

fulfilled the continuing educational requirement under this

section. If the board determines that the continuing educational

requirement has not been fulfilled, it shall notify:

(1) the Governor in the case of a coroner not fulfilling

the requirement; or

(2) the coroner in the case of a chief deputy, deputy

coroner or staff involved in death investigation not

fulfilling the requirement.

After notice is provided under paragraph (1) or (2), a vacancy

shall be deemed to exist. Any coroner, chief deputy coroner,

deputy coroner or staff involved in death investigation

aggrieved by a decision of the board shall have the right to

appeal in accordance with 2 Pa.C.S. (relating to administrative

law and procedure).

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

The tuition for the continuing education requirement under

section 1255-A shall be paid by the county where the coroner,

chief deputy coroner, deputy coroner or staff involved in death

investigation was elected or the deputy appointed. In addition,

upon successful completion of the continuing education

requirement, the county shall reimburse each coroner, chief

deputy coroner, deputy coroner or staff involved in death

investigation for actual expenses incurred.

20160HB1931PN3045 - 35 -

Section 6. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the provisions of

this act.

(2) The act of March 2, 1988 (P.L.108, No.22), referred

to as the Coroners' Education Board Law, is repealed.

Section 7. This act shall take effect as follows:

(1) The additional national certification education

requirements in section 1255-A of the act shall take effect

in four years.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect in 60

days.

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