PRINTER'S NO. 2932
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2031
Session of
2018
INTRODUCED BY EVANKOVICH, READSHAW, BIZZARRO, DRISCOLL, TOPPER,
HELM, WARD, ORTITAY, KEEFER, ZIMMERMAN, DOWLING AND WARNER,
JANUARY 24, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2018
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 a
city of the first class is located or with which a city of the
first class is coextensive.
Section 3. Investigation information.
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(a) General rule.--Except as provided in subsection (b),
following an investigation by a coroner or medical examiner to
determine the cause and manner of a death within the coroner's
or medical examiner's jurisdiction, the coroner or medical
examiner shall not disclose to the public the name of the
deceased nor the cause and manner of death unless:
(1) The release is in accordance with the requirements
under subsection (b) or section 5.
(2) The information to be released does not detail the
medical, psychiatric or psychological history, disability
status or test results, including drug test results, of the
deceased.
(3) The release does not jeopardize an official
investigation and the information released is not privileged
or confidential under the laws of this Commonwealth or is in
compliance with a court order.
(b) Public health or safety 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 or safety 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.
Section 5. Construction.
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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
the following:
(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) Name, if known.
(ii) Gender.
(iii) Race.
(iv) Age.
(v) Date the deceased was found.
(vi) Sketch.
(vii) 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 a court
order.
Section 6. Applicability.
This act shall apply in each county of this Commonwealth.
Section 7. Effective date.
This act shall take effect in 60 days.
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