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

1context clearly indicates otherwise:

<-2"Autopsy." An examination of a body after death to determine
3the:

4(1) cause of death; or

5(2) character and extent of changes produced by disease
6or injury.

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

8(1) A photograph of the body of the decedent taken 
9during the autopsy.

10(2) A video recording of the autopsy.

11(3) An audio recording of the autopsy.

<-12"Law enforcement officer." The term includes an
13investigative and a prosecutorial officer.

<-14"Investigative or law enforcement officer." Any officer of
15the United States, of another state or subdivision thereof, or
16of the Commonwealth or political subdivision thereof, who is
17empowered by law to conduct investigations of or to make arrests
18for offenses enumerated in 18 Pa.C.S. (relating to crimes and
19offenses) or an equivalent crime in another jurisdiction and any
20attorney authorized by law to prosecute or participate in the
21prosecution of such offense.

22§ 8902. Preparation of autopsy audiovisual material.

<-23(a) General rule.--Autopsy audiovisual material may not be
24prepared by an individual unless the individual has the written
25consent of:

26(1) the physician performing the autopsy; or

27(2) the coroner or medical examiner authorized by law to
28perform or order the autopsy.

<-29(b) Construction.--Nothing in this section shall be
30construed to apply to an investigative or law enforcement

1officer who prepares autopsy audiovisual material in the course
2of the officer's duty or to administrative and managerial
3personnel, consultants and contractors working at the direction
4of an investigative or law enforcement officer who prepares
5autopsy audiovisual material in the course of the officer's
6duty.

7§ 8903. Confidentiality.

8(a) General rule.--

9(1) Except as set forth under subsection (b), autopsy
10audiovisual material is confidential. Autopsy audiovisual
11material may not be released by any of the following:

12(i) The physician, coroner or medical examiner who
13performed or ordered the autopsy.

14(ii) An individual who assisted the physician,
15coroner or medical examiner under subparagraph (i).

16(iii) An individual who participated in the
17preparation of autopsy audiovisual material.

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

19(2)  Autopsy audiovisual material shall not be deemed 
20official records and papers of the coroner and shall not be 
21subject to section 1251 of the act of August 9, 1955 
22(P.L.323, No.130), known as The County Code.

23(b) Exception.--Subsection (a) does not apply to a release
24of autopsy audiovisual material in any of the following
25circumstances:

26(1) Pursuant to consent of the decedent or a personal 
27representative, except that during an investigation by law 
28enforcement or a coroner, the information shall only be 
29released in accordance with paragraph 5(ii) and (iii).

<-30(2) To a Federal, State or local law enforcement officer

1in the performance of official duties.

<-2(2) To an investigative or law enforcement officer for
3use in the course of the officer's duty.

4(3) To the coroner or medical examiner for use in the 
5performance of official duties or training, including 
6conferral with medical or scientific experts, for teaching 
7and training.

8(4) When an autopsy is conducted pursuant to consent of
9the decedent or personal representative, to a physician who
10uses the materials for teaching, training or publication in a
11medical or scientific journal or textbook, provided the
12identity of the decedent is redacted so as to reasonably
13render the decedent anonymous.

14(5) To a person pursuant to a court order of public 
15necessity or, during litigation, pursuant to a court order. 
16For an order under this paragraph, the following apply:

17(i) There must be notice to the personal
18representative of the subject decedent.

19(ii) There must be a hearing.

20(iii) The court must determine, based upon clear and
21convincing evidence, all of the following:

22(A) Release of the autopsy audiovisual material
23is necessary to protect public health or safety or is
24material and relevant to the litigation.

25(B) The necessity under clause (A) overrides the
26privacy interest of the decedent and the family of
27the decedent.

28§ 8904. Penalties.

29(a) Preparation.--An individual who violates section 8902
30(relating to preparation of autopsy audiovisual material)

1commits a misdemeanor of the second degree.

2(b) Confidentiality.--A person that violates section 8903
3(relating to confidentiality) commits a misdemeanor of the first
4degree.

5Section 2. This act shall take effect in 60 days.