1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, providing for autopsies.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Title 20 of the Pennsylvania Consolidated
6Statutes is amended by adding a chapter to read:

7CHAPTER 89

8AUTOPSIES

9Sec.

108901.  Definitions.

118902.  Preparation of autopsy audiovisual material.

128903.  Confidentiality.

138904.  Penalties.

14§ 8901.  Definitions.

15The following words and phrases when used in this chapter
16shall have the meanings given to them in this section unless the
17context clearly indicates otherwise:

1"Autopsy."  An examination of a body after death to determine 
2the:

3(1)  cause of death; or

4(2)  character and extent of changes produced by disease
5or injury.

6"Autopsy audiovisual material."  Any of the following:

7(1)  A photograph of the body of the decedent taken 
8during the autopsy.

9(2)  A video recording of the autopsy.

10(3)  An audio recording of the autopsy.

11"Law enforcement officer."  The term includes an 
12investigative and a prosecutorial officer.

13§ 8902.  Preparation of autopsy audiovisual material.

14Autopsy audiovisual material may not be prepared by an
15individual unless the individual has the written consent of:

16(1)  the physician performing the autopsy; or

17(2)  the coroner or medical examiner authorized by law to
18perform or order the autopsy.

19§ 8903.  Confidentiality.

20(a)  General rule.--

21(1)  Except as set forth under subsection (b), autopsy
22audiovisual material is confidential. Autopsy audiovisual
23material may not be released by any of the following:

24(i)  The physician, coroner or medical examiner who
25performed or ordered the autopsy.

26(ii)  An individual who assisted the physician,
27coroner or medical examiner under subparagraph (i).

28(iii)  An individual who participated in the
29preparation of autopsy audiovisual material.

30(iv)  The facility where the autopsy was performed.

1(2)  Autopsy audiovisual material shall not be deemed 
2official records and papers of the coroner and shall not be 
3subject to section 1251 of the act of August 9, 1955 
4(P.L.323, No.130), known as The County Code.

5(b)  Exception.--Subsection (a) does not apply to a release
6of autopsy audiovisual material in any of the following
7circumstances:

8(1)  Pursuant to consent of the decedent or a personal 
9representative, except that during an investigation by law 
10enforcement or a coroner, the information shall only be 
11released in accordance with paragraph 5(ii) and (iii).

12(2)  To a Federal, State or local law enforcement officer
13in the performance of official duties.

14(3)  To the coroner or medical examiner for use in the 
15performance of official duties or training, including 
16conferral with medical or scientific experts, for teaching 
17and training.

18(4)  When an autopsy is conducted pursuant to consent of
19the decedent or personal representative, to a physician who
20uses the materials for teaching, training or publication in a
21medical or scientific journal or textbook, provided the
22identity of the decedent is redacted so as to reasonably
23render the decedent anonymous.

24(5)  To a person pursuant to a court order of public 
25necessity or, during litigation, pursuant to a court order. 
26For an order under this paragraph, the following apply:

27(i)  There must be notice to the personal
28representative of the subject decedent.

29(ii)  There must be a hearing.

30(iii)  The court must determine, based upon clear and

1convincing evidence, all of the following:

2(A)  Release of the autopsy audiovisual material
3is necessary to protect public health or safety or is
4material and relevant to the litigation.

5(B)  The necessity under clause (A) overrides the
6privacy interest of the decedent and the family of
7the decedent.

8§ 8904.  Penalties.

9(a)  Preparation.--An individual who violates section 8902
10(relating to preparation of autopsy audiovisual material)
11commits a misdemeanor of the second degree.

12(b)  Confidentiality.--A person that violates section 8903
13(relating to confidentiality) commits a misdemeanor of the first
14degree.

15Section 2.  This act shall take effect in 60 days.