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Duties & Responsibilities of Coroner and Related Laws

Health & Safety Code Section 102850
Health & Safety Code Section 102855
Coroner must be notified IMMEDIATELY of the following deaths
County
• Coroner has of Orange
a duty to investigate deaths defined in section 102850

Duties & Responsibilities of Coroner and Related Laws

Government Code Section 27491

Primary duties of Coroner
To determine circumstances, manner and cause of the following deaths:
Violent,
Topic sudden, or unusual deaths
Unattended
Page deaths
Physician hasofnot
Primary duty seen the deceased within 20 days prior to death
Coroner
1
Related to or following known or suspected self-induced or criminal abortion
Notification
Known
2
or suspected homicide
Known
Duty toor suspected suicide
Investigate
Known
2 to suspected accidental poisoning
Known or suspected
Coroner’s Register accident or injury ¤ In whole or in part ¤ either old or recent
2
Drowning
Criminal Death
Fire
2
Hanging
Scene of Death
Gunshot
2
Stabbing
Personal or cutting
Effect &
3
Exposure
Premises
Starvation
Acute alcoholism
Custody
Drug & Anatomical
addition
3
Strangulation
Donations
Aspiration
Suspected SIDS
Objections to Autopsy
Occasioned
4 by criminal means ¤ in whole or in part
Associated with known or alleged rape or crime against nature
Cause of Death
In4prison or while under sentence
Subpoena
Known Power
or suspected contagious
4
Medical Records
disease
5 and constituting a public hazard
Occupational disease or hazard
Unidentified Bodies
5
Patients in mental hospitals operated by State Department of Mental Health
Official Information
Patients
5
in hospitals serving developmentally disabled and operated by the State Department of Developmental Services
Suspected criminal
Disclosure of Medicalact of another
• 6Any death reported by a physician or other person with knowledge of death for inquiry by the Coroner Signing of death certificate
• Information
Unnatural deaths
¤ Coroner must sign death certificate
• Concealing Accidental
Natural deaths ¤ Coroner may determine extent of inquiry ¤ Coroner may allow physician of record to sign death certificate ¤ physician must
6
have sufficient knowledge to reasonably state the cause was natural Coroner may exhume the body
Death
If necessary to carry out the
Suicide Notes
provisions
6 of this section Coroner must be notified immediately by any person having charge of a body that falls within the provisions of this
section
Request for Inquest
A 6violation of this reporting requirement is a misdemeanor!
Discovery of Human
6
Without
Remainsmedical attendance • Coroner is required to ascertain as many as possible of the facts required by this chapter
During the continued absence of attending physician
Where the physician is unable to state the cause ofdeath
When suicide is suspected
Following an injury or an accident
Suspected as resulting from criminal act of another
Any person who does not notify the Coroner as required by this section is guilty a misdemeanor!

Government Code Section 27463

Required information in Coroner’s Register
Name & aliases of the deceased
Including description for means of identification

Required information in Coroner’s Register

Cause of death
Including reference to the medical reports uponwhich the cause of death is based

• Narrative of circumstances leading to and

• Disposition of the body

surrounding the death

• Persons notified of the death

Must include names and addresses of witnesses

• Must include all

• Property taken from the person or premises of death

unsuccessful attempts
Including property taken by police
Disposition of property taken

Section 27463.5 allows for a file in lieu of a coroner’s register

Government Code Section 27491.1

Coroner must immediately notify the police when criminal The report shall not include any information contained in death is
suspected. Notification must be made by the the decedent’s medical records regarding any other most direct communication
•
available and shall include: person unless that information is relevant and directly
Location
related of decedent’s
to the the body death.
Penal Code 11165.9
• Name of the deceased
•
Other information received by the coroner relating to
Reports of suspected
Government child abuse
Code Section or neglect shall
27491.2
Government Code Sec. 27491.2(a)

The Coroner may immediately respond to the scene of death to conduct an investigation
Make identification
Inquire into the circumstances leading to andsurrounding the death
Order the body’s removal for further investigation
May release the body to the next-of-kin

Gov’t Code 27491.2(b)

Body may not be disturbed or moved
Prior to the arrival of the coroner or without the

permission of the coroner Any violation of this section is a misdemeanor!

Government Code Section 27491.3 • Coroner may take charge of personal effects ¤ At death scene, or ¤
Related to the coroner’s inquiry ¤ May hold or safeguard Coroner
Government Code Sec. 27491.3(a) may lock/seal the premises, prohibiting entrance
Pending arrival of decedent’s legal representative
Must not interfere with police investigation
Cost may be charge against the estate
• Any person who enters the premises, tampers with or removes the
lock or seal is guilty of a misdemeanor, unless permitted by law
Government code 27491.3(b)
• Any property or evidence related to the criminal investigation may
be released to Police
¤ receipt shall be acknowledged
This section does not empower the police to search for or collect items
of property prior to the coroner’s arrival
Government Code 27491.3(c)
No one may search for or remove:
• Papers
Moneys
Valuable property
• Weapons From the body of the deceased, OR from the premises of
death
• Unless authorized by Coroner Violation of the section is a
misdemeanor! If police investigation may ensue at a death scene, the
Coroner shall:
Not disturb the body
Not disturb any related evidence until the police have had reasonable
opportunity to respond to the scene
The coroner shall allow reasonable time at the scene for
police investigation
Custody and control of the body shall remain with the
Coroner at all times
Coroner shall determine time body will be removed from scene
Government Code Section 27491.43
Government Code Sec. 27491.43(a)
Coroner shall not perform an autopsy if presented with a properly
executed certificate of religious belief/objection to autopsy
If informed of a certificate
• Must allow 48 hours for the production of the
certificate before proceeding with an autopsy
Government Code Sec. 27491.43(b)
Decedent must be 18 years or older
Certificate must state that an autopsy violates their
religious convictions
Certificate must be signed and dated by deceased
inpresence of two witnesses who also must sign the
certificate
Government Code Sec 27491.43(c)
Notwithstanding a Certificate of Religious Belief the coroner
may at any time perform an autopsy if there is:
Reasonable suspicion that the death was caused bythe criminal act of
another
Reasonable suspicion that the death was caused bycontagious disease
constituting a public healthhazard
Government Code 27491.3(d)
Exception to the rule against searching for property prior
to the coroner’s arrival
Peace Officer’s may search for a donor card prior to coroner’s arrival
Traffic accident scenes only
Government Code Section 27491.4
Government Code Sec. 27491.4(a) Coroner may take possession of
body and
Has authority to exhume the body
• May perform an autopsy & analysis of tissue…
When suspected cause of death is SIDS, the Coroner must
• Perform autopsy within 24 hours, or as soon as feasible
thereafter Coroner may retain tissue
If it is necessary or advisable to the inquiry, or
For the verification of findings
No one may be present at autopsy without coroner’s consent
Gov’t Code Sec. 27491.4(b)
If the deceased made provisions to donate body toscience,
the Coroner shall not perform an autopsy unless
• They have attempted to contact physician last
inattendance if unable to contact physician, mustnotify
family
If unable to contact kin or PMD, must wait 24 hours before
proceeding
Gov’t Code Sec. 27491.4(c)
• This section does not prohibit the coroner from
conducting autopsies on any death described in 27491
Government Code Sec. 27491.43(d)
Coroner may petition the superior court for order to setaside
the certificate as invalid
Court shall set aside if not properly executed or if it does not clearly
state autopsy is violation of theperson’s religious beliefs
• Court may order autopsy if cause of death is notevident and
public’s best interest out weighs thedecedent’s right to exercise
religious convictions If procedure is ordered pursuant to court order
If shall be the least intrusive necessary If order denied
Body may be immediately released
Coroner may state on death certificate
Undetermined due to provisions of this section Coroner not liable
for civil damages
Government Code Section 27491.5
Cause of death signed by Coroner shall be in conformity with
facts ascertained from
Inquiry
Autopsy
Other scientific findings Coroner may sign death certificate without
Inquest or
Autopsy Based on statements of
Relatives
Persons last in attendance
Persons present at time of death But only if death was without
Violence Suicide
Accident What does this mean?
Casualty There must be evidence of a natural death
Criminal means
Government Code Section 27498
And, only if a licensed physician has provided anopinion as Coroner may subpoena witnesses, returnable forthwith
to the cause of death
Coroner may require witnesses to bring books, records,
documents, or other things under the control of the witness
The information must afford clear grounds to establish the Exception to Subpoena Power
correct cause of death…
• Where the death was caused by a police officer, records
under the control of a law enforcement agency shall not
The coroner shall not exclude, because of lack ofevidence: become part of the record in any coroner’s inquest
without the written consent of the law enforcement agency
Crime
Government Code Section 27491.8 the time of death.
Government Code Sec. 27491.8(a) (7) Precise documentation of the location of the remains.

When Coroner seeks a confidential communication from

a medical doctor or psycho-therapist, by a
subpoena
Decedent’s legal representative must be notified in writing not less
than 15 days prior to date production is demanded
Decedent’s legal representative has option of filing formal objection
to production
The records must be delivered to a judge of the superior court
• The judge will examine and determine what portions,
if any, the coroner will receive
(c) The postmortem examination or autopsy of the unidentified
body or remains may include full body X-rays.
(d) The body of an unidentified deceased person may not be cremated or
buried until the jaws (maxilla and mandible with teeth) and other tissue
samples are retained for future possible use.
(e) If Coroner is unable to establish the identification of the body, the
dental charts and x-rays shall be submitted to the Department of Justice
within 45 days of discovery of remains
(f) If Coroner is unable to identify remains it shall submit a final report
of investigation to the Department of Justice within 180 days of
discovery of the remains.

Government Code Sec. 27491.8(b) Evidence Code Section 1040

Communication obtained by Coroner may not be distributed Official information

or made available to any other person, agency, firm, or
corporation except as follows:
When introduced into evidence at a coroner’s inquest proceeding.
Records shall be ordered sealed as necessary to protect the
confidentiality of the decedent’s medical and mental health
A public entity has the privilege to refuse to disclose official
information if the privilege is claimed by a person authorized to do so
and the public’s interest in a non-disclosure outweighs the interest in
disclosure
Should be asserted when there is a pending investigation/prosecution

Government Code Section 27521

Unidentified Bodies
(a) Any postmortem examination or autopsy conducted at the
discretion of a coroner upon an unidentified body or human remains
shall be subject to this section.
(b) A postmortem examination or autopsy shall Include, but shall
not be limited to, the following procedures:
(1) Taking of all available fingerprints and palms prints.
(2) A dental examination consisting of dental charts and dental x-
rays of the deceased person’s teeth, which may be conducted on the
body or human remains by a qualified dentist as determined by
the Coroner.
(3) The collection of tissue, including a hair sample, or body fluids
samples for future DNA testing, if necessary.
(4) Frontal and lateral facial photographs with the scale indicated.

(5) Notation and photographs, with a scale, of significant scars,

marks, tattoos, clothing items, or other personal effects found with
or near the body.
(6) Notations of observations pertinent to the estimation of
Civil Code Section 56.10
Civil Code 56.10(b)(8)
A provider of health care, a health care service plan, or a
contractor shall disclose medical information if the disclosure
is compelled by a coroner, when requested in the course of
an investigation by the coroner’s office for the purpose of:
Identifying the decedent
Locating next of kin
When investigation deaths that may involve: ¤ Public health
concerns ¤ Organ or tissue donation ¤ Child abuse ¤ Elder abuse ¤
Suicides ¤ Poisonings ¤ Accidents ¤ Sudden infant death ¤
Suspicious deaths ¤ Unknown deaths ¤ Criminal deaths ¤ When
otherwise authorized by the decedent’s
representative. Civil
Code 56.10(c)(6)
Medical providers may disclose records to the coroner in the
course of an investigation by the coroner’s office when
requested for all purposes not included in paragraph (8) of
subdivision (b).
• Natural deaths of identified persons whose next-
of-kin have been located and notified. Medical providers are not
required to honor a request
Government Code Section 27464
Coroner shall take custody of suicide note
A copy shall be placed in Coroner’s records
Penal Code
Penal Code 152
there is immediate danger to person or property or if perpetrator may
escape
• Pursuant to Gov’t Code Sec. 8597 or 8598
¤ Applies primarily to state employees when activated by the Governor
in a disaster
The original shall be delivered to addressee or the legal representative
of the estate
If note includes directions for disposition of property or disposal of
remains, it shall be filed with the county clerk
Government Code Section 27491.6
Coroner must hold an inquest if requested to do so by:
Attorney General
District Attorney
Sheriff
City Attorney/Prosecutor
Chief of Police
Such an inquest shall be held, with or without a jury as
determined by the Coroner and shall be open to the public
Health & Safety Code 7050.5
Discovery of human remains in an area other than a
dedicated cemetery
No further excavation or disturbance of the site until the Coroner makes
a determination regarding treatment and disposition of the remains.
If the Coroner believes the remains may be those of a Native American,
the Native American Heritage Commission shall be notified within 24
hours

• Every person who, having knowledge of an accidental death,

actively conceals or attempts to conceal the death, shall be guilty of
a misdemeanor “Actively Conceal” means any of the following:
To perform an overt act that conceals the body or directly impedes
the ability of authorities or family members to discover the body
To directly destroy or suppress evidence of the actual physical body
of the deceased, including, but not limited to, bodily fluids or tissues
To destroy or suppress the actual physical instrumentality of
death.

Penal Code Sec. 11109

Coroner shall furnish the Department of Justice with copies of
fingerprints and descriptions or other identifying data,
including date and place of death, on all unidentified
decedents falling within his/her jurisdiction
Penal Code 830.35(c)
Coroners & Deputy Coroners are Peace Officers if:
Regularly employed and paid as such by a county
The primary duties include those set forth in sections 27469 and
27491 to 27491.4 of the Gov’t Code

Penal Code 830.35(c)

Coroner’s peace officer authority extends to any place in the
state:
For the purpose of carrying out primary duties
When making an arrest for a public offense with respect to which