Bill Text: GA HB1095 | 2009-2010 | Regular Session | Introduced
Bill Title: Death investigations; coroners cooperate with forensic laboratory; provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2010-07-01 - Effective Date [HB1095 Detail]
Download: Georgia-2009-HB1095-Introduced.html
10 LC
35 1665/AP
House
Bill 1095 (AS PASSED HOUSE AND SENATE)
By:
Representatives Chambers of the
81st,
Powell of the
171st,
and Carter of the
175th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia
Annotated, relating to death investigations by coroners, so as to permit tests
and examinations to be conducted in cooperation with a forensic laboratory; to
provide for the custody of objects and articles of the deceased; to provide for
the retention of certain records of the medical examiner's inquiry and the
coroner's investigation; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating
to death investigations by coroners, is amended by revising subsection (c) of
Code Section 45-16-25, relating to duties of coroner or county medical examiner
upon receipt of notice of suspicious or unusual death, authority to embalm a
body, identification, inventory, and disposition of the deceased's property, use
of the deceased's property for evidence, and autopsy when death occurs on state
owned property, as follows:
"(c)
The coroner or county medical examiner shall, in the absence of the next of kin
of the deceased person, take possession of all property of value found on such
person, make an exact inventory thereof on his or her report, and surrender the
same to the person entitled to its custody or possession. The coroner, medical
examiner, or peace officer shall take possession of any objects, anatomical
specimens, or articles which, in his or her opinion, may be helpful in
establishing the cause of death, manner of death, or identification of the
deceased; and in cooperation with
the
division
a forensic
laboratory he or she may make such tests
and examinations of said objects, specimens, or articles as may be necessary or
useful in determining the cause of death, manner of death, or the identity of
the deceased. At his or her discretion, the medical examiner or coroner may
dispose of such objects, specimens, or articles when the medical examiner's or
coroner's need for their retention has ended. In the event that a criminal
prosecution arises, all such objects and articles together with reports of any
examinations made upon them shall be retained in the custody of the
director of
the division
investigating
agency or the forensic laboratory which conducted the
examination until their production as
evidence is required by the prosecuting officer or upon written order of the
peace officer in charge or court having proper jurisdiction."
SECTION
2.
Said
article is further amended Code Section 45-16-32, relating to the report of
examination and investigation, maintenance of copies, verification of foul play
by division, and transmittal of copies of reports to the district attorney, as
follows:
"45-16-32.
The
medical examiner and coroner shall
file
complete
a report of each medical examiner's inquiry and coroner's investigation
with the
director of the division. The division shall maintain the reports and function
as a central repository for the storage and dissemination of such reports
pursuant to Article 4 of Chapter 18 of Title 50. The coroner or county medical
examiner
and
shall maintain permanent records of such reports. The coroner or county medical
examiner may file all original reports with the clerk of the superior court of
the county. In cases where such report indicates a suspicion of foul play, the
medical examiner and peace officer in charge shall transmit any specimens,
samples, or other evidence to
the
division
a forensic
laboratory for analysis. In cases where
reports indicating foul play are verified by the
division
forensic
laboratory, the
director
laboratory
of the
division shall provide a completed
crime
lab report to the appropriate prosecuting attorney where the acts or events
leading to the death occurred."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.