Bill Text: CA AB2029 | 2013-2014 | Regular Session | Enrolled

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Bill Title: Inquests: sudden unexplained death in childhood.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-09-18 - Vetoed by Governor. [AB2029 Detail]

Download: California-2013-AB2029-Enrolled.html

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BILL NUMBER: AB 2029	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN SENATE  JUNE 17, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  APRIL 30, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Cooley
   (Coauthor: Assembly Member Dickinson)

                        FEBRUARY 20, 2014

   An act to add Section 27491.42 to the Government Code, relating to
inquests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2029, Cooley. Inquests: sudden unexplained death in childhood.
   Existing law states findings and declarations of the Legislature
that sudden infant death syndrome (SIDS) is the leading cause of
death for children under age one. Under existing law, a coroner has a
duty to inquire into and determine the circumstances, manner, and
cause of, among other things, deaths where the suspected cause of
death is sudden infant death syndrome. The coroner is required to
perform an autopsy, within 24 hours or as soon thereafter as
feasible, in any case where an infant has died suddenly and
unexpectedly.
   This bill would define "sudden unexplained death in childhood" as
the sudden death of a child one year of age or older but under 18
years of age that is unexplained by the history of the child and for
which a thorough postmortem examination fails to demonstrate an
adequate cause of death. This bill would require the coroner to
notify the parent or responsible adult of a child within that
definition about the importance of taking tissue samples. This bill
would also exempt the coroner from liability for damages in a civil
action for any act or omission done in compliance with these
provisions.
   By expanding the duties of a local agency, this bill would create
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 27491.42 is added to the Government Code, to
read:
   27491.42.  (a) For purposes of this article, "sudden unexplained
death in childhood" means the sudden death of a child one year of age
or older but under 18 years of age that is unexplained by the
history of the child and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
   (b) The coroner shall notify the parent or responsible adult of a
child described in subdivision (a) about the importance of taking
tissue samples.
   (c) A coroner shall not be liable for damages in a civil action
for any act or omission in compliance with this section.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.