SECOND REGULAR SESSION

HOUSE BILL NO. 1348

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE NAEGER.

Read 1st time January 30, 1996 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L3216.01I

AN ACT

To repeal sections 58.451 and 58.720, RSMo 1994, relating to duties of coroners, and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 58.451 and 58.720, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 58.451 and 58.720, to read as follows:

58.451. 1. When any person, in any county in which a coroner is required by section 58.010, dies and there is reasonable ground to believe that such person died as a result of:

(1) Violence by homicide, suicide, or accident;

(2) Criminal abortions, including those selfinduced;

(3) Some unforeseen sudden occurrence and the deceased had not been attended by a physician during the thirtysixhour period preceding the death;

(4) Circumstances where a death occurs outside a licensed health care facility and a physician had not seen the deceased within thirty-six hours;

[(4)] (5) In any unusual or suspicious manner;

[(5)] (6) Any injury or illness while in the custody of the law or while an inmate in a public institution; the police, sheriff, law enforcement officer or official, or any person having knowledge of such a death shall immediately notify the coroner of the known facts concerning the time, place, manner and circumstances of the death. Immediately upon receipt of notification, the coroner or [his] the coroner's deputy shall take charge of the dead body and fully investigate the essential facts concerning the medical causes of death, including whether by the act of man, and the manner of death. [He] The coroner or the coroner's deputy may take the names and addresses of witnesses to the death and shall file this information in his office. The coroner or [his] the coroner's deputy shall take possession of all property of value found on the body, making exact inventory of such property on [his] the coroner's report and shall direct the return of such property to the person entitled to its custody or possession. The coroner or [his] the coroner's deputy shall take possession of any object or article which, in [his] such person's opinion, may be useful in establishing the cause of death, and deliver it to the prosecuting attorney of the county.

2. Upon taking charge of the dead body and before moving the body the coroner shall notify the police department of any city in which the dead body is found, or if the dead body is found in the unincorporated area of a county governed by the provisions of sections 58.451 to 58.457, the coroner shall notify the county sheriff and the highway patrol and cause the body to remain unmoved until the police department, sheriff or the highway patrol has inspected the body and the surrounding circumstances and carefully noted the appearance, the condition and position of the body and recorded every fact and circumstance tending to show the cause and manner of death, with the names and addresses of all known witnesses, and shall subscribe the same and make such record a part of [his] such officer's report.

3. In any case of sudden, violent or suspicious death after which the body was buried without any investigation or autopsy, the coroner, upon being advised of such facts, may [at his own discretion] request that the prosecuting attorney apply for a court order requiring the body to be exhumed.

4. The coroner shall certify the cause of death in any case under [his] such coroner's charge when a physician is unavailable to sign a certificate of death.

5. When the cause of death is established by the coroner, [he] the coroner shall file a copy of [his] such coroner's findings in [his] such coroner's office within thirty days.

6. If on view of the dead body and after personal inquiry into the cause and manner of death, the coroner determines that a further examination is necessary in the public interest, the coroner [on his own authority] may make or cause to be made an autopsy on the body. The coroner may [on his own authority] employ the services of a pathologist, chemist, or other expert to aid in the examination of the body or of substances supposed to have caused or contributed to death, and if the pathologist, chemist, or other expert is not already employed by the city or county for the discharge of such services, [he] such expert shall, upon written authorization of the coroner, be allowed reasonable compensation, payable by the city or county, in the manner provided in section 58.530. The coroner shall, at the time of the autopsy, record or cause to be recorded each fact and circumstance tending to show the condition of the body and the cause and manner of death.

7. If on view of the dead body and after personal inquiry into the cause and manner of death, the coroner considers a further inquiry and examination necessary in the public interest, [he] the coroner shall make out [his] a warrant directed to the sheriff of the city or county requiring [him] such sheriff forthwith to summon six good and lawful citizens of the county to appear before the coroner, at the time and place expressed in the warrant, and to inquire how and by whom the deceased [came to his death] died.

8. When a person is being transferred from one county to another county for medical treatment and such person dies while being transferred, the county from which the person is first removed shall be considered the place of death and the county coroner of the county from which the person was being transferred shall be responsible for the certificate of death and for investigating the cause and manner of the death. If the coroner or medical examiner in the county in which the person died believes that further investigation is warranted and a postmortem examination is needed, such coroner or medical examiner shall have the right to further investigate and perform the postmortem examination at the expense of such coroner or medical examiner and shall be responsible for the certificate of death and for investigating the cause and manner of the death. Such coroner or medical examiner shall immediately notify the coroner or medical examiner of the county from which the person was being transferred of the death of such person and after an investigation is completed shall notify such coroner or medical examiner of his findings. If a person does not die while being transferred and is institutionalized after such transfer and subsequently dies while in such institution, the coroner or medical examiner of the county in which the person dies shall immediately notify the coroner or medical examiner of the county from which such person was transferred of the death of such person. In such cases, the county in which the deceased was institutionalized shall be considered the place of death.

9. Except as provided in subsection 8 of this section, if a person dies in one county and [his] that person's body is subsequently transferred to another county, the county coroner or medical examiner where the death occurred shall be responsible for the certificate of death and for investigating the cause and manner of the death.

58.720. 1. When any person dies within a county having a medical examiner as a result of:

(1) Violence by homicide, suicide, or accident;

(2) Thermal, chemical, electrical, or radiation injury;

(3) Criminal abortions, including those selfinduced;

(4) Disease thought to be of a hazardous and contagious nature or which might constitute a threat to public health; or when any person dies:

(a) Suddenly when in apparent good health;

(b) When unattended by a physician, chiropractor, or an accredited Christian Science practitioner, during the period of thirtysix hours immediately preceding his death;

(c) Outside a licensed health care facility and a physician had not seen the deceased within thirty-six hours;

(d) While in the custody of the law, or while an inmate in a public institution;

[(d)] (e) In any unusual or suspicious manner; the police, sheriff, law enforcement officer or official, or any person having knowledge of such a death shall immediately notify the office of the medical examiner of the known facts concerning the time, place, manner and circumstances of the death. Immediately upon receipt of notification, the medical examiner or [his] a designated assistant shall take charge of the dead body and fully investigate the essential facts concerning the medical causes of death. [He] Such medical examiner may take the names and addresses of witnesses to the death and shall file this information in [his] the medical examiner's office. The medical examiner or [his] a designated assistant shall take possession of all property of value found on the body, making exact inventory thereof on [his] the medical examiner's report and shall direct the return of such property to the person entitled to its custody or possession. The medical examiner or [his] a designated assistant examiner shall take possession of any object or article which, in [his] the medical examiner's opinion, may be useful in establishing the cause of death, and deliver it to the prosecuting attorney of the county.

2. In any case of sudden, violent or suspicious death after which the body was buried without any investigation or autopsy, the medical examiner, upon being advised of such facts, may [at his own discretion] request that the prosecuting attorney apply for a court order requiring the body to be exhumed.

3. The medical examiner shall certify the cause of death in any case where death occurred without medical attendance or where an attending physician refuses to sign a certificate of death, and may sign a certificate of death in the case of any death.

4. When the cause of death is established by the medical examiner, [he] the medical examiner shall file a copy of [his] the medical examiner's findings in [his] the medical examiner's office within thirty days after notification of the death.

5. When a person is being transferred from one county to another county for medical treatment and such person dies while being transferred, the county from which the person is first removed shall be considered the place of death and the medical examiner of the county from which the person was being transferred shall be responsible for the certificate of death and for investigating the cause and manner of the death. If the coroner or medical examiner in the county in which the person died believes that further investigation is warranted and a postmortem examination is needed, such coroner or medical examiner shall have the right to further investigate and perform the postmortem examination at the expense of such coroner or medical examiner and shall be responsible for the certificate of death and for investigating the cause and manner of the death. Such coroner or medical examiner shall immediately notify the coroner or medical examiner of the county from which the person was being transferred of the death of such person and after an investigation is completed shall notify such coroner or medical examiner of [his] the medical examiner's findings. If a person does not die while being transferred and is institutionalized after such transfer and subsequently dies while in such institution, the coroner or medical examiner of the county in which the person dies shall immediately notify the coroner or medical examiner of the county from which such person was transferred of the death of such person. In such cases, the county in which the deceased was institutionalized shall be considered the place of death.

6. Except as provided in subsection 5 of this section, if a person dies in one county and [his] such person's body is subsequently transferred to another county, the county coroner or medical examiner where the death occurred shall be responsible for the certificate of death and for investigating the cause and manner of the death.