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PRIOR PRINTER'S NO. 56
PRINTER'S NO. 1428
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
65
Session of
2015
INTRODUCED BY GODSHALL, READSHAW, HANNA, MULLERY, MURT, SAYLOR
AND BENNINGHOFF, JANUARY 21, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 5, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for autopsies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 89
AUTOPSIES
Sec.
8901. Definitions.
8902. Preparation of autopsy audiovisual material.
8903. Confidentiality.
8904. Penalties.
§ 8901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Autopsy." An examination of a body after death to determine
the:
(1) cause of death; or
(2) character and extent of changes produced by disease
or injury.
" Autopsy audiovisual material. " Any of the following:
(1) A photograph of the body of a decedent taken during
an autopsy.
(2) A video recording of an autopsy.
(3) An audio recording of an autopsy.
"Investigative or law enforcement officer." Any officer of
the United States, of another state or subdivision of another
state, or of the Commonwealth or a political subdivision of the
Commonwealth, who is empowered by law to conduct investigations
of or to make arrests for offenses enumerated in 18 Pa.C.S.
(relating to crimes and offenses) or an equivalent crime in
another jurisdiction and any attorney authorized by law to
prosecute or participate in the prosecution of such offense.
§ 8902. Preparation of autopsy audiovisual material.
(a) General rule.--Autopsy audiovisual material may not be
prepared by an individual unless the individual has the written
consent of:
(1) the physician performing the autopsy; or
(2) the coroner or medical examiner authorized by law to
perform or order the autopsy.
(b) Construction.--Nothing in this section may be construed
to apply to an investigative or law enforcement officer who
prepares autopsy audiovisual material in the course of the
officer's duty or to administrative and managerial personnel,
consultants and contractors working at the direction of an
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investigative or law enforcement officer who prepares autopsy
audiovisual material in the course of the officer's duty.
§ 8903. Confidentiality.
(a) General rule.--
(1) Except as set forth under sub section (b), autopsy
audiovisual material is confidential. Autopsy audiovisual
material may not be released by any of the following:
(i) The physician, coroner or medical examiner who
performed or ordered the autopsy.
(ii) An individual who assisted the physician,
coroner or medical examiner under subparagraph (i).
(iii) An individual who participated in the
preparation of autopsy audiovisual material.
(iv) The facility where the autopsy was performed.
(2) Autopsy audiovisual material shall not be deemed
official records and papers of the coroner and shall not be
subject to section 1251 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code .
(b) Exception.--Sub section (a) does not apply to a release
of autopsy audiovisual material in any of the following
circumstances:
(1) Pursuant to consent of the decedent or a personal
representative, except that during an investigation by law
enforcement or a coroner, the information shall only be
released in accordance with paragraph 5(ii) and (iii).
(2) To an investigative or law enforcement officer for
use in the course of the officer's duty.
(3) To the coroner or medical examiner for use in the
performance of official duties or training, including
conferral with medical or scientific experts, for teaching
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and training.
(4) When an autopsy is conducted pursuant to consent of
the decedent or personal representative, to a physician who
uses the materials for teaching, training or publication in a
medical or scientific journal or textbook, provided the
identity of the decedent is redacted so as to reasonably
render the decedent anonymous.
(5) To a person pursuant to a court order of public
necessity or, during litigation, pursuant to a court order.
For an order under this paragraph, the following apply:
(i) There must be notice to the personal
representative of the subject decedent.
(ii) There must be a hearing.
(iii) The court must determine, based upon clear and
convincing evidence, all of the following:
(A) Release of the autopsy audiovisual material
is necessary to protect public health or safety or is
material and relevant to the litigation.
(B) The necessity under clause (A) overrides the
privacy interest of the decedent and the family of
the decedent.
§ 8904. Penalties.
(a) Preparation.--An individual who violates section 8902
(relating to preparation of autopsy audiovisual material)
commits a misdemeanor of the second degree.
(b) Confidentiality.--An individual who violates section
8903 (relating to confidentiality) commits a misdemeanor of the
first degree.
Section 2. This act shall take effect in 60 days.
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