House Introduced Bill 4084

HOUSE BILL No. 4084


     January 28, 1999, Introduced by Reps. Law, Julian, Raczkowski, DeWeese, Gosselin and Richner and referred to the
Committee on Criminal Law and Corrections.


        A bill to amend 1953 PA 181, entitled

   "An act relative to investigations in certain instances of the
   causes of death within this state due to violence, negligence or
   other act or omission of a criminal nature or to protect public
   health; to provide for the taking of statements from injured per-
   sons under certain circumstances; to abolish the office of coro-
   ner and to create the office of county medical examiner in cer-
   tain counties; to prescribe the powers and duties of county medi-
   cal examiners; to prescribe penalties for violations of the pro-
   visions of this act; and to prescribe a referendum thereon,"

   by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and

   52.205), section 5 as amended by 1980 PA 401, and by adding

   section 5b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 2.  (1)  County  A COUNTY medical  examiners 
   EXAMINER

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      or deputy county medical  examiners  EXAMINER shall  make inves-

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      tigations as to  INVESTIGATE the cause and manner of death in

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       all  EACH OF THE FOLLOWING cases:  of persons who have come to

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      their death 


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           (A) THE CASE OF A PERSON WHO HAS DIED by violence.  ; or 

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           (B) THE CASE OF A PERSON whose death was unexpected.  ; or 

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           (C) THE CASE OF A PERSON WHO HAS DIED without medical

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      attendance during the 48 hours  prior to  IMMEDIATELY PRECEDING

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      the hour of death, unless the attending physician, if any, is

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      able to ACCURATELY determine  accurately  the cause of death.  ;

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      or 

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           (D) THE CASE OF A PERSON WHO HAS DIED as the result of

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      HAVING an abortion, whether self-induced or otherwise.

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           (E) THE CASE OF A PERSON WHO HAS DIED AS A RESULT OF 1 OR

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      MORE INJURIES SUSPECTED TO HAVE BEEN CAUSED BY A FIRE.

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           (2) If  any  A prisoner in  any  A county or city jail
   dies

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      while  so  imprisoned, the county medical examiner, upon being

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      notified of the death of the prisoner, shall  make an examination

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      upon  EXAMINE the body of the deceased prisoner.

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           Sec. 3.  Any physician and any  A PHYSICIAN, A person in

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      charge of  any  A hospital or  institution  OTHER HEALTH

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      FACILITY, or  any  ANOTHER person who  shall have  HAS
   first

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      knowledge of  the  1 OR MORE OF THE FOLLOWING SHALL IMMEDIATELY

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      NOTIFY THE COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

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      EXAMINER OF THAT FACT:

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           (A) THE death of  any  A person who  shall have  died
   sud-

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      denly, unexpectedly, accidentally, violently, or as the result of

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       any  suspicious circumstances.  , or 

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           (B) A PERSON WHO DIED AS A RESULT OF 1 OR MORE INJURIES SUS-

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      PECTED TO HAVE BEEN CAUSED BY A FIRE.





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           (C) A PERSON WHO DIED without medical attendance during the

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      48 hours  prior to  IMMEDIATELY PRECEDING the hour of death,

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      unless the attending physician, if any, is able to determine

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      accurately the cause of death.  , or in any 

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           (D) A case of death due to what is commonly known as an

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      abortion, whether self-induced or otherwise.  , shall notify the

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      county medical examiner or his deputy immediately of the death. 

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           Sec. 5.  (1)  When  IF a county medical examiner OR DEPUTY

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      COUNTY MEDICAL EXAMINER has notice that  there has been found

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      within his or her county or district  the body of a person who

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       is supposed to have come to his or her death  MAY HAVE DIED in a

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      manner  as indicated  DESCRIBED in section 3 HAS BEEN FOUND

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      WITHIN THE COUNTY MEDICAL EXAMINER'S GEOGRAPHICAL JURISDICTION,

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      the COUNTY medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER

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      shall take charge of the body.  , and if, on view of  IF AFTER

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      EXAMINING the body and  personal inquiry into  INVESTIGATING the

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      cause and manner of the death  ,  the COUNTY medical examiner OR

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      DEPUTY COUNTY MEDICAL EXAMINER considers a further examination

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      necessary,  the county medical examiner or a deputy  HE OR SHE

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      may cause the dead body to be removed to the public morgue.  If

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      the investigation is SOLELY for the reason  only  that the dead

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      person had no medical attendance during THE 48 hours  before 

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      IMMEDIATELY PRECEDING the hour of death, and if the dead person

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      had chosen not to have medical attendance because of his or her

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      bona fide held religious convictions, removal  shall  IS not  be
   

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      required unless there is evidence of other conditions

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       stipulated  DESCRIBED in section 3.  If there is no public



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      morgue,  then  the body may be removed to a private morgue  as
   

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      DESIGNATED BY the county medical examiner  has designated  OR

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      DEPUTY COUNTY MEDICAL EXAMINER.

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           (2) The COUNTY medical examiner OR DEPUTY COUNTY MEDICAL

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      EXAMINER may designate a  person  MEDICAL EXAMINER INVESTIGATOR

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      appointed  pursuant to  UNDER section 1a(2) to take charge of the

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      body, make pertinent inquiry, note the circumstances surrounding

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      the death, and, if considered necessary, cause the body to be

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      transported to the morgue for examination by the COUNTY medical

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      examiner OR DEPUTY COUNTY MEDICAL EXAMINER.  The COUNTY medical

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      examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall maintain a list

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      of  persons  MEDICAL EXAMINER INVESTIGATORS appointed  pursuant

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      to  UNDER section 1a(2) and their qualifications,  which 
   AND

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      shall  be filed  FILE THE LIST with the local law enforcement

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      agencies.  The person  A MEDICAL EXAMINER INVESTIGATOR appointed

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       pursuant to  UNDER section 1a(2) shall not be an agent or

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      employee of  any  A person or funeral establishment licensed

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      under  Act No. 268 of the Public Acts of 1949, as amended, being

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      sections 338.861 to 338.875 of the Michigan Compiled Laws  THE

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      OCCUPATIONAL CODE, 1980 PA 299, MCL 339.101 TO 339.2721, receive,

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      directly or indirectly,  any  remuneration in connection with the

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      disposition of the body, or make  any  funeral or burial arrange-

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      ments without approval of the next of kin, if  they are found 

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      KNOWN, or the person responsible for the funeral expenses.

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           (3)  The  EXCEPT AS OTHERWISE PROVIDED IN SECTION 5B, THE

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      county medical examiner may perform or direct to be performed an

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      autopsy and shall carefully reduce or cause to be reduced to



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      writing  every  EACH fact and circumstance tending to show the

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      condition of the body and the cause and manner of death,

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       together with  AND SHALL INCLUDE IN THAT WRITING the names and

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      addresses of  any persons  EACH PERSON present at the autopsy.

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       , which record he or she shall subscribe.  THE PERSON PERFORMING

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      THE AUTOPSY SHALL SUBSCRIBE THE WRITING DESCRIBED IN THIS

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      SUBSECTION.

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           (4) EXCEPT AS OTHERWISE PROVIDED IN SECTION 5B, UPON RECEIPT

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      OF A WRITTEN REQUEST FROM A LAW ENFORCEMENT AGENCY OR PROSECUTING

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      ATTORNEY INVESTIGATING THE DEATH OF AN INDIVIDUAL WHO DIED AS A

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      RESULT OF 1 OR MORE INJURIES SUSPECTED TO HAVE BEEN CAUSED BY A

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      FIRE, THE COUNTY MEDICAL EXAMINER OR HIS OR HER DESIGNEE MAY PER-

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      FORM AN AUTOPSY UPON THE BODY OF THE INDIVIDUAL.  IF THE COUNTY

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      MEDICAL EXAMINER DOES NOT PERFORM OR ORDER THE PERFORMANCE OF AN

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      AUTOPSY PURSUANT TO A REQUEST RECEIVED UNDER THIS SUBSECTION, THE

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      COUNTY MEDICAL EXAMINER SHALL EXPLAIN TO THE REQUESTER IN WRITING

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      WITHIN 48 HOURS OF RECEIVING THE WRITTEN REQUEST FOR THE AUTOPSY

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      THAT THE DEATH WAS DIRECTLY CAUSED BY FIRE AND THAT AN AUTOPSY

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      WAS NOT REQUIRED TO DETERMINE OTHER POSSIBLE CAUSES OF DEATH.  IF

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      THE LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY BELIEVES THAT

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      AN AUTOPSY WOULD CONTRIBUTE MATERIALLY TO THE INVESTIGATION, THE

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      LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY MAY FILE A PETI-

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      TION WITH A COURT OF COMPETENT JURISDICTION FOR A REVIEW OF THE

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      COUNTY MEDICAL EXAMINER'S DECISION NOT TO PERFORM AN AUTOPSY.  A

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      LAW ENFORCEMENT AGENCY OR PROSECUTING ATTORNEY MUST FILE A PETI-

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      TION UNDER THIS SUBSECTION WITHIN 24 HOURS AFTER RECEIVING ORAL

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      OR WRITTEN NOTICE OF THE COUNTY MEDICAL EXAMINER'S DECISION NOT



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      TO PERFORM THE AUTOPSY OR WITHIN 24 HOURS AFTER THE COUNTY

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      MEDICAL EXAMINER FAILS TO RESPOND WITHIN THE 48-HOUR TIME LIMIT.

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      THE COURT IN WHICH THE PETITION IS FILED SHALL HOLD A HEARING ON

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      THE PETITION WITHIN 48 HOURS AFTER THE PETITION IS FILED.  IF THE

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      COURT DETERMINES THAT AN AUTOPSY WOULD CONTRIBUTE MATERIALLY TO

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      THE INVESTIGATION, THE COURT SHALL ORDER THE COUNTY MEDICAL

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      EXAMINER TO PERFORM THE AUTOPSY IMMEDIATELY AND TO TRANSMIT THE

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      RESULTS OF THE AUTOPSY TO THE PETITIONER WITHIN 24 HOURS AFTER

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      THE AUTOPSY IS PERFORMED AND ALL NECESSARY TESTS ARE COMPLETED.

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           (5)  (4) The  EXCEPT AS PROVIDED IN SUBSECTION (6), THE

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      COUNTY medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER shall

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      ascertain the identity of the deceased and  notify  immediately

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      AND as compassionately as possible NOTIFY the next of kin of the

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      DECEDENT'S death and the location of the body.  except that such 

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           (6) THE notification DESCRIBED IN SUBSECTION (5) is not

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      required if a person from the state police or a  county sheriff

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      department or a township police department or a municipal police

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      department  LOCAL LAW ENFORCEMENT AGENCY states to the COUNTY

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      medical examiner that the notification has already occurred.  The

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      county medical examiner may conduct an autopsy UNDER SUBSECTION

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      (3) if he or she determines that an autopsy reasonably appears to

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      be required pursuant to law.  After  EXCEPT AS OTHERWISE PRO-

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      VIDED IN SECTION 5B, AFTER the county medical examiner or a

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       deputy or a  person from the state police or a  county sheriff

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      department or a township police department or a municipal police

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      department  LOCAL LAW ENFORCEMENT AGENCY has made diligent effort

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      to locate and notify the next of kin,  he or she  THE COUNTY



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      MEDICAL EXAMINER may order and conduct the autopsy with or

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      without the consent of the next of kin of the deceased.

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           (7)  (5)  The county medical examiner or  a  HIS OR
   HER

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      deputy shall keep a written record of the efforts to locate and

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      notify the next of kin for a period of 1 year from the date of

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      the autopsy.  The county medical examiner shall, after any 

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      AFTER A required examination or autopsy, THE COUNTY MEDICAL

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      EXAMINER SHALL promptly deliver or return the body to relatives

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      or representatives of the deceased.  or, if  IF there are no

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      relatives or representatives OF THE DECEASED known to the COUNTY

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      MEDICAL examiner, he or she may cause the body to be  decently 

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      buried  , except that the medical examiner  PURSUANT TO LAW, BUT

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      may retain, as long as  may be  HE OR SHE DETERMINES necessary,

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       any  A portion of the body believed by the COUNTY medical

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      examiner to be necessary for the detection of  any  A crime.

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           SEC. 5B.  (1) SUBJECT TO SUBSECTION (2), A COUNTY MEDICAL

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      EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER SHALL NOT PERFORM AN

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      AUTOPSY ON THE BODY OF A DECEASED PERSON IF A RELATIVE OR FRIEND

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      OF THE DECEASED PERSON INFORMS THE COUNTY MEDICAL EXAMINER OR

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      DEPUTY COUNTY MEDICAL EXAMINER THAT AN AUTOPSY WOULD BE CONTRARY

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      TO THE DECEASED PERSON'S RELIGIOUS BELIEFS.

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           (2) A COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

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      EXAMINER MAY PERFORM AN AUTOPSY UNDER THE CIRCUMSTANCES DESCRIBED

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      IN SUBSECTION (1) IF THE COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY

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      MEDICAL EXAMINER DETERMINES THAT THERE IS A COMPELLING PUBLIC

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      NECESSITY FOR THE AUTOPSY.  IF THE COUNTY MEDICAL EXAMINER OR

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      DEPUTY COUNTY MEDICAL EXAMINER DETERMINES THAT THERE IS A



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      COMPELLING PUBLIC NECESSITY FOR THE AUTOPSY, HE OR SHE SHALL NOT

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      PERFORM THE AUTOPSY FOR A PERIOD OF 48 HOURS AFTER MAKING THE

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      DETERMINATION OF COMPELLING PUBLIC NECESSITY.  A COMPELLING

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      PUBLIC NECESSITY EXISTS FOR THE PURPOSES OF THIS SECTION IF

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      EITHER OF THE FOLLOWING CIRCUMSTANCES EXISTS:

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           (A) AN AUTOPSY IS NECESSARY FOR THE CONDUCT OF A CRIMINAL

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      INVESTIGATION BY A LAW ENFORCEMENT AGENCY.

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           (B) AN AUTOPSY IS NECESSARY TO DETERMINE THE CAUSE OF THE

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      DECEASED PERSON'S DEATH IN ORDER TO PROTECT AGAINST AN IMMEDIATE

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      AND SUBSTANTIAL THREAT TO THE PUBLIC HEALTH.

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           (3) DURING THE 48-HOUR PERIOD DESCRIBED IN SUBSECTION (2), A

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      RELATIVE OR FRIEND DESCRIBED IN SUBSECTION (1) MAY PETITION A

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      COURT OF COMPETENT JURISDICTION TO ENJOIN THE AUTOPSY.  THE RELA-

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      TIVE OR FRIEND SHALL INFORM THE COUNTY MEDICAL EXAMINER OR DEPUTY

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      COUNTY MEDICAL EXAMINER IN WRITING OF THE PETITION.  THE COURT IN

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      WHICH THE PETITION IS FILED SHALL CONDUCT A HEARING ON THE MATTER

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      WITHIN 48 HOURS OF THE FILING OF THE PETITION.  IF THE COURT

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      FINDS THAT THERE IS A COMPELLING PUBLIC NECESSITY, THE COURT

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      SHALL ALLOW THE COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

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      EXAMINER TO PERFORM THE AUTOPSY.  A COUNTY MEDICAL EXAMINER OR

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      DEPUTY COUNTY MEDICAL EXAMINER WHO PERFORMS AN AUTOPSY UNDER THIS

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      SECTION SHALL USE THE LEAST INTRUSIVE PROCEDURES ALLOWED UNDER

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      THE CIRCUMSTANCES.











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