New Jersey-2014-A785-Introduced

An Act concerning an integrated State medical examiner system, and supplementing, amending and repealing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that the creation of an integrated State medical examiner system will result in enhanced coordination between medical examination and forensic investigatory services provided on the State and local level, and will benefit the public by improving cooperation, information sharing, and training throughout the system, establish clear lines of authority and heightened standards of professionalism and accountability, and foster a more efficient allocation and acquisition of personnel and resources through regionalization. The integration of the State medical examiner system will also improve the State's capacity to detect, investigate, and respond to incidents of mass disaster or other types of fatalities which may implicate terrorist activity or domestic security concerns, where application of forensic science, and appropriate coordination and communication with and between federal, State, and local public health, emergency management, and law enforcement officials, may be critical to an expeditious and effective response to the threat such occurrences pose to the public health and safety.

2. Section 2 of P.L.1967, c.234 (C.52:17B-79) is amended to read as follows:

2. There is hereby established in the Division of Criminal Justice in the State Department of Law and Public Safety the office of the ["State Medical Examiner" which] Chief State Medical Examiner, which shall direct, control and supervise an integrated State medical examiner system. The office shall be under the immediate supervision of [an officer to be known as the] a Chief State Medical Examiner who shall be a [duly licensed] physician licensed and in good standing in the State , a graduate of a regularly chartered and legally constituted medical school or college and a [qualified] forensic pathologist[. He] certified by the American Board of Pathology. The Chief State Medical Examiner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of [5] five years and until [his] a successor is appointed and has qualified. [He] The Chief State Medical Examiner shall receive [such] a salary [as] which shall be [provided by law] within a salary range as established by the Department of Personnel with the approval of the Director of the Division of Budget and Accounting, as provided by section 2 of P.L.1974, c.55 (C.52:14-15.108), and as approved by the Attorney General. The Attorney General shall, subject to provisions of Title 11 of the Revised Statutes relating to Civil Service, appoint such other personnel as [he] the Attorney General may consider necessary for the efficient performance of the work of the [division] office of the Chief State Medical Examiner, and the offices of regional medical examiners established pursuant to section 3 of P.L. , c. (C. ) (now pending before the Legislature as section 3 of this bill) . [He] The Attorney General shall prescribe the duties of all such persons thus appointed and shall fix their compensation within the limits of available appropriations.

(cf: P.L.1972, c.13, s.1)

3. (New section) a. The Attorney General shall establish at least four, but no more than six, regional medical examiner offices, with at least one regional office located in the northern, southern, and central portions of the State. Each county shall be within the jurisdiction of no more than one regional office.

b. Any intercounty or regional medical examiner office in existence upon enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be replaced and superseded by the regional medical examiner offices established pursuant to subsection a. of this section.

4. (New section) a. The Attorney General, in consultation with the Chief State Medical Examiner, shall appoint one Deputy Chief State Medical Examiner in each regional medical examiner office to direct the management and operation of the office and to perform the duties required pursuant to P.L. , c. (C. ) (now pending before the Legislature as this bill). Each deputy medical examiner shall be a physician licensed and in good standing in the State, a graduate of a regularly chartered and legally constituted medical school or college and a forensic pathologist certified by the American Board of Pathology. Each deputy medical examiner shall serve for a term of five years or until a successor is appointed and has qualified.

b. A deputy medical examiner shall receive a salary which shall be within a salary range as established by the Department of Personnel with the approval of the Director of the Division of Budget and Accounting, as provided by section 2 of P.L.1974, c.55 (C.52:14-15.108), and as approved by the Attorney General.

c. Any county medical examiner appointed prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall continue as a county medical examiner until the expiration of the term for which the medical examiner was appointed and the deputy medical examiner with jurisdiction over that county medical examiner's county is appointed and has qualified.

d. The employees of each office of the county medical examiner employed as such upon enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall become employees of the State.

5. (New section) a. The Attorney General, in consultation with the Chief State Medical Examiner, may appoint and remove such assistant medical examiners, medical investigators, scientific experts and other personnel as may be required for the proper performance of the duties of the office of the Chief State Medical Examiner and the regional medical examiner offices. The Attorney General, in consultation with the Chief State Medical Examiner, shall prescribe the duties of all such persons thus appointed and shall fix their compensation within the limits of available appropriations.

b. Each assistant medical examiner shall be a physician licensed and in good standing in the State, a graduate of a regularly charted and legally constituted medical school or college and a forensic pathologist certified by the American Board of Pathology or a candidate for such certification as a forensic pathologist. The medical investigators shall possess such qualifications as shall be determined by the Chief State Medical Examiner.

6. (New section) There is created in the Department of the Treasury a nonlapsing fund entitled the "Medical Examiner's Fund." The fund shall be the depository for the assessments collected pursuant to section 22 of P.L. , c. (C. ) (now pending before the Legislature as section 22 of this bill). Monies deposited into the fund shall be used for the function and operation of the office of the Chief State Medical Examiner and the regional medical examiner offices as provided in P.L. , c. (C. ) (now pending before the Legislature as this bill).

7. Section 3 of P.L.1967, c.234 (C.52:17B-80) is amended to read as follows:

3. a. The Chief State Medical Examiner shall [have general supervision over] supervise the administration of and shall enforce the provisions of [this act] P.L. , c. (C. ) (now pending before the Legislature as this bill). [He] The Chief State Medical Examiner shall [have general supervision over] supervise all [county] deputy chief medical examiners , assistant medical examiners, medical investigators, scientific experts and other personnel employed by the office . [He] The Chief State Medical Examiner shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) , such rules and regulations as [he may deem] the State examiner deems necessary to effectuate the provisions of this act.

b. The Chief State Medical Examiner shall have the power to issue subpoenas to compel the production of books, accounts, papers, documents or other evidence relative to any matter within the jurisdiction of the State examiner's office.

c. It shall be the duty of each Deputy Chief State Medical Examiner, assistant medical examiner, medical investigator, scientific expert and any other personnel employed by the office to cooperate fully with the Chief State Medical Examiner.

d. The office of the Chief State Medical Examiner and the regional medical examiner offices shall be open 24 hours every day in the year, including Sundays and legal holidays.

(cf: P.L.1967, c.234, s.3)

8. Section 4 of P.L.1967, c.234 (C.52:17B-81) is amended to read as follows:

4. a. The Attorney General shall provide the Chief State Medical Examiner with such laboratories, furniture, equipment, records and supplies as may be required in the conduct of [his] the office of the State Medical Examiner and regional medical examiner offices. The Attorney General may, if he deems it advisable to do so, enter into agreements with the State Department of Health and Senior Services or with any State-operated facility, college or school of medicine or [public hospital] licensed health care facility for the use of certain of its laboratories, morgues and other technical facilities, and space in its buildings as offices and laboratories for the Chief State Medical Examiner and his staff. In the discretion of the Attorney General, the Chief State Medical Examiner [and his assistants], the Deputy Chief State Medical Examiners, assistant medical examiners, medical investigators, scientific experts and other personnel may be made available to such educational institutions for the teaching of legal medicine and other subjects closely related to their duties. The Attorney General may approve such stipends as he deems appropriate for the services rendered.

b. The Attorney General may permit the Chief State Medical Examiner, the Deputy Chief State Medical Examiners, assistant medical examiners, medical investigators, scientific experts and other personnel to consult with law enforcement officers, county prosecutors, law enforcement agencies, public health agencies or other appropriate entities in matters within their expertise, to advance the health, safety and law enforcement concerns of the State, regardless of whether the case is primarily within the jurisdiction of the Chief State Medical Examiner.

(cf: P.L.1967, c.234, s.4)

9. Section 9 of P.L.1967, c.234 (C.52:17B-86) is amended to read as follows:

9. An investigation shall be conducted in the manner hereinafter described in the case of all human deaths from the following causes:

a. Violent deaths, whether apparently homicidal, suicidal or accidental, including but not limited to death due to traumatic, thermal, chemical, electrical or radiation injury [and deaths due to criminal abortion, whether apparently self-induced or not];

b. [Deaths not caused by readily recognizable disease, disability or infirmity;] (Deleted by amendment, P.L. c. .)

c. Deaths under suspicious or unusual circumstances, including sudden or unexpected deaths while in apparent good health ;

d. [Deaths within 24 hours after admission to a hospital or institution;] (Deleted by amendment, P.L. c. .)

e. Deaths of persons in the custody of a law enforcement officer and of inmates of [prisons] penal institutions;

f. Deaths of [inmates of] persons in the custody of institutions maintained in whole or in part at the expense of the State or county, where the [inmate] person in custody was not hospitalized therein for organic disease;

g. Deaths from causes which might constitute a threat to public health or safety;

h. Deaths [related] due to disease or injury [resulting from] relating to employment [or to accident while employed]; [and]

i. [Sudden or] Deaths of a child under one year of age in which the suspected cause of death is sudden infant death syndrome, sudden or unexpected deaths of infants and children [under 3 years of age] between the ages of one and three, and fetal deaths occurring without medical attendance;

j. Deaths occurring without medical attendance other than fetal deaths described in subsection i. of this section; and

k. Deaths associated with diagnostic or therapeutic procedures.

(cf: P.L.1980, c.167, s.1)

10. Section 10 of P.L.1967, c.234 (C.52:17B-87) is amended to read as follows:

10. Upon the death of any person from any of the causes mentioned in section 9 of [this act] P.L.1967, c.234 (C.52:17B-86), it shall be the duty of the physician in attendance, any law enforcement officer having knowledge of such death, the funeral director, or any other person present, to notify immediately the [county medical examiner] Chief State Medical Examiner, the Deputy Chief State Medical Examiner with jurisdiction for the region wherein the death occurred, and the county prosecutor of the county wherein the death occurred of the known facts concerning the time, place, manner and circumstances of such death. Immediately upon receipt of such notification, the [said medical examiner] Deputy Chief State Medical Examiner or his [deputy or assistant] designee shall go to the dead body and take charge of the same. [He] The deputy medical examiner or his designee shall fully investigate the essential facts concerning the medical causes of death and take the names and [addresses] contact information of as many witnesses thereto as may be practicable to obtain, and, before leaving the premises shall reduce such facts, as he may deem necessary to writing and file the same in [his] the office and which shall be made available to the county prosecutor at his request. The police officer present at such investigation, or if no officer be present, then the deputy medical examiner or his designee 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 report and deliver such property to the police department of the municipality wherein the death occurred, which shall surrender the same to the person entitled to its custody or possession. The deputy medical examiner or his designee shall take possession of any objects or articles which, in [his] the opinion of the examiner or designee, may be useful in establishing the cause or manner of death, or constitute evidence of criminal behavior, and deliver them to the regional medical examiner office with jurisdiction for the region and the county prosecutor.

(cf: P.L.1967, c.234, s.10)

11. Section 11 of P.L.1967, c.234 (C.52:17B-88) is amended to read as follows:

11. a. If the cause of such death [shall be] is established [beyond a reasonable doubt] within a reasonable degree of medical certainty and no autopsy is deemed necessary, the [county medical examiner] Deputy Chief State Medical Examiner or an assistant shall reduce [his] the findings to writing and promptly make a full report thereof to the Chief State Medical Examiner and to the county prosecutor [on forms] in a format to be prescribed by the Chief State Medical Examiner for such purpose. If, however, in the opinion of the [county] deputy medical examiner, the Chief State Medical Examiner, an assignment judge of the Superior Court, the county prosecutor or the Attorney General, an autopsy is deemed necessary, [or if, in cases where the suspected cause of death of a child under one year of age is sudden infant death syndrome or the child is between one and three years of age and the death is sudden and unexpected, and an investigation has been conducted under the provisions of section 9 of P.L.1967, c.234 (C.52:17B-86), and the parent, parents or legal guardian of the child request an autopsy,] the same shall be performed [,] by (1) the Chief State Medical Examiner, or an assistant designated by him or by (2) the [county] deputy medical examiner or [a deputy or] an assistant [county medical examiner provided either has the recognized training or experience in forensic pathology or by (3) such competent forensic pathologists as may be authorized by the State Medical Examiner; except that when the suspected cause of death of a child under one year of age is sudden infant death syndrome or the child is between one and three years of age and the death is sudden and unexpected].

b. If, in any case where the suspected cause of death of a child under one year of age is sudden infant death syndrome or the child is between one and three years of age and the death is sudden and unexpected, and an investigation has been conducted under the provisions of section 9 of P.L.1967, c.234 (C.52:17B-86), and a parent or legal guardian of the child requests an autopsy, the same shall be performed by (1) the Chief State Medical Examiner or an assistant designated by him or by (2) the deputy medical examiner or an assistant. A detailed description of the findings at every autopsy and the conclusions drawn therefrom shall be filed in the office of the Chief State Medical Examiner, and the appropriate regional medical examiner office and the county prosecutor.

In any such case, upon the request of [the] a parent [, parents] or legal guardian of the child, a pediatric pathologist, if available, shall assist in the performance of the autopsy under the direction of a forensic pathologist. The [county] deputy medical examiner shall notify the parent, parents or legal guardian of the child that they may request that a pediatric pathologist assist in the performance of the autopsy. A detailed description of the findings written during the progress of such autopsy and the conclusions drawn therefrom shall thereupon be filed in the offices of the Chief State Medical Examiner, the [county] regional medical examiner office and the county prosecutor. The [county] deputy medical examiner shall make available a copy of these findings and conclusions to the closest surviving relative of the decedent within 90 days of the receipt of a request therefor, unless the death is under active investigation by a law enforcement agency. If the suspected cause of death of a child under one year of age is sudden infant death syndrome or if the child is between one and three years of age and the death is sudden and unexpected, the preliminary findings and conclusions shall be [reported] made available to the child's parent, parents or legal guardian and the State Department of Health and Senior Services within 48 hours after the deputy medical examiner with jurisdiction for the region is notified of the death of the child. [It shall be the duty of any county medical examiner to call upon] The deputy medical examiner's findings and conclusions for each reported case shall be provided to the State Department of Health and Senior Services upon completion of the case.

c. A Deputy Chief State Medical Examiner may request the Chief State Medical Examiner or an assistant [State] medical examiner, or other person authorized and designated by the Chief State Medical Examiner, to make an examination or perform an autopsy whenever [he] the deputy medical examiner deems it necessary or desirable [, and it shall be the duty of the]. The Chief State Medical Examiner or an assistant [State medical examiner to] may perform such examination, [except in such cases as a competent pathologist is so authorized by the State Medical Examiner to perform such autopsy. The necessary expenses for transportation of a body for autopsy by the State Medical Examiner or an assistant State medical examiner or an authorized pathologist and such reasonable fee payable to the authorized pathologist as has been approved by the State Medical Examiner for each autopsy such authorized pathologist may perform shall be paid by the State] or authorize another deputy medical examiner to perform the examination.

(cf: P.L.2000, c.24, s.1)

12. Section 1 of P.L.1983, c.535 (C.52:17B-88.1) is amended to read as follows:

1. As used in this act:

a. "Compelling public necessity" means

(1) That the dissection or autopsy is essential to the criminal investigation of a homicide of which the decedent is the victim; or

(2) That the discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health or safety, and that a dissection or autopsy is essential to ascertain the cause of death or to obtain information concerning the threat to the public health or safety; or

(3) That the death was that of an inmate of a [prison, jail or penitentiary] penal institution or a person who was in the custody of a law enforcement officer; or

(4) That the death was that of a child under the age of 12 years suspected of having been abused or neglected [or suspected of being a threat to public health], and the cause of whose death is not apparent after diligent investigation by the medical examiner; or

(5) That the need for a dissection or autopsy is established pursuant to the provisions of section 4 of [this act] P.L.1983, c.535 (C.52:17B-88.4).

b. "Friend" means any person who, prior to the decedent's death, maintained close contact with the decedent sufficient to render that person knowledgeable with the decedent's activities, health and religious beliefs; and who presents an affidavit stating the facts and circumstances upon which the claim that the person is a friend is based and stating that the person will assume responsibility for the lawful disposition of the body of the deceased.

(cf: P.L.1983, c.535, s.1)

13. Section 3 of P.L.1983, c.535 (C.52:17B-88.3) is amended to read as follows:

3. Whenever, in the opinion of [a medical examiner] the Chief State Medical Examiner or a Deputy Chief State Medical Examiner, there is a compelling public necessity under paragraphs (1), (2), (3), [and] or (4) of subsection a. of section 1 of [this act] P.L.1983, c.535 (C.52:17B-88.1) to perform an autopsy or dissection, and a member of the deceased's immediate family or, in the absence thereof, a friend objects that the autopsy or dissection is contrary to the religious beliefs of the deceased or there is an obvious reason to believe that the autopsy or dissection is contrary to the religious beliefs of the deceased, then no dissection or autopsy shall be performed until 48 hours after notice thereof is given by the medical examiner seeking to perform the autopsy or dissection to the objecting party, or, if there is no objecting party, to such party as the court may name. During that 48-hour period, the objecting party or the party named by the court may institute action in the Superior Court to determine the propriety of the dissection or autopsy, but the court may dispense with the waiting period upon ex parte motion if it determines that the delay may prejudice the accuracy of the autopsy or dissection, or may precipitate or prolong an immediate and substantial threat to the public health or safety.

(cf: P.L.1983, c.535, s.3)

14. Section 4 of P.L.1983, c.535 (C.52:17B-88.4) is amended to read as follows:

4. Whenever, in the opinion of [a medical examiner] the Chief State Medical Examiner or a Deputy Chief State Medical Examiner, there is a compelling public necessity in circumstances not provided for in paragraphs (1), (2), (3) and (4) of section 1 of [this act] P.L.1983, c.535 (C.52:17B-88.1) to perform an autopsy or dissection [;], and a member of the deceased's immediate family or, in the absence thereof, a friend , objects that the autopsy or dissection is contrary to the religious beliefs of the deceased or there is an obvious reason to believe that the autopsy or dissection is contrary to the religious beliefs of the deceased, then the medical examiner seeking to perform the autopsy or dissection may institute an action in the Superior Court for an order authorizing the autopsy or dissection. The action shall be instituted by an order to show cause on notice to the member of the deceased's immediate family or friend, or if none is known, then to such party as the court may direct.

(cf: P.L.1983, c.535, s.4)

15. Section 1 of P.L.1993, c.276 (C.52:17B-88.7) is amended to read as follows:

1. Notwithstanding any provision of law to the contrary, if a deceased person whose death is under investigation pursuant to section 9 of P.L.1967, c.234 (C.52:17B-86) is a donor of all or part of his body as evidenced by an advance directive, will, card or other document, or as otherwise provided in the "Uniform Anatomical Gift Act," P.L.1969, c.161 (C.26:6-57 et seq.), the Chief State Medical Examiner [or the county medical examiner or his designee], the Deputy Chief State Medical examiner, or an assistant who has notice of the donation shall perform an examination, autopsy or analysis of tissues or organs only in a manner and within a time period compatible with their preservation for the purposes of transplantation.

(cf: P.L.1993, c.276, s.1)

16. Section 2 of P.L.1993, c.276 (C.52:17B-88.8) is amended to read as follows:

2. A health care professional authorized to remove an anatomical gift from a donor whose death is under investigation pursuant to section 9 of P.L.1967, c.234 (C.52:17B-86), may remove the donated part from the donor's body for acceptance by a person authorized to become a donee, after giving notice to the Chief State Medical Examiner [or the county medical examiner] a Deputy Chief State Medical Examiner, or [his designee] an assistant medical examiner, if the examination, autopsy or analysis has not been undertaken in the manner and within the time provided in section 1 of [this act] P.L.1993, c.276 (C.52:17B-88.7). The Chief State Medical Examiner [or], the [county] deputy medical examiner, or [his designee] the assistant medical examiner shall be present during removal of the anatomical gift if in his judgment the removal of those tissues or organs may [be involved in] hinder the interpretation of details related to the cause of death. In that case, the Chief State Medical Examiner [or], the [county] deputy medical examiner, or [his designee,] the assistant medical examiner may request a biopsy of those tissues or organs or deny removal of the anatomical gift. The Chief State Medical Examiner [or], the [county] deputy medical examiner, or [his designee,] the assistant medical examiner shall explain in writing [his] the reasons for determining that the removal of those tissues or organs may [be involved in] hinder the interpretation of the details related to the cause of death and shall include the explanation in the records maintained pursuant to section 15 of P.L.1967, c.234 (C.52:17B-92).

(cf: P.L.1993, c.276, s.2)

17. Section 3 of P.L.1993, c.276 (C.52:17B-88.9) is amended to read as follows:

3. The health care professional performing a transplant from a donor whose death is under investigation pursuant to section 9 of P.L.1967, c.234 (C.52:17B-86) shall file with the Chief State Medical Examiner a report detailing the condition of the part of the body that is the anatomical gift and its relationship to the cause of death. If appropriate, the report shall include a biopsy or medically approved sample from the anatomical gift. The report shall become part of the Medical Examiner's report.

(cf: P.L.1993, c.276, s.3)

18. Section 2 of P.L.2000, c.24 (C.52:17B-88.10) is amended to read as follows:

2. a. The Chief State Medical Examiner, in consultation with the Commissioner of Health and Senior Services, shall develop standardized protocols for autopsies performed in those cases in which the suspected cause of death of a child under one year of age is sudden infant death syndrome and in which the child is between one and three years of age and the death is sudden and unexpected.

b. The Chief State Medical Examiner shall establish a Sudden Child Death Autopsy Protocol Committee to assist in developing and reviewing the protocol. The committee shall include, but shall not be limited to, the Chief State Medical Examiner or his designee, the Assistant Commissioner of the Division of Family Health Services in the Department of Health and Senior Services or his designee, the Director of the Division of Youth and Family Services in the Department of Human Services or his designee, the director of the SIDS Resource Center established pursuant to P.L.1987, c.331 (C.26:5D-4), an epidemiologist, a forensic pathologist, a pediatric pathologist, a [county medical examiner] Deputy Chief State Medical Examiner, a pediatrician who is knowledgeable about sudden infant death syndrome and child abuse, a law enforcement officer, an emergency medical technician or a paramedic, a family member of a sudden infant death syndrome victim and a family member of a sudden unexpected death victim who was between one and three years of age at the time of death.

The committee shall annually review the protocol and make recommendations to the Chief State Medical Examiner to revise the protocol, as appropriate.

c. The protocols shall include requirements and standards for scene investigation, criteria for ascertaining the cause of death based on autopsy, criteria for specific tissue sampling, and such other requirements as the committee deems appropriate. The protocols shall take into account nationally recognized standards for pediatric autopsies.

The Chief State Medical Examiner shall be responsible for ensuring that the protocols are followed by all medical examiners and other persons authorized to conduct autopsies in those cases in which the suspected cause of death is sudden infant death syndrome or in which the child is between one and three years of age and the death is sudden and unexpected.

d. The protocols shall authorize the medical examiner or other authorized person to take tissue samples for research purposes if the parent, parents or legal guardian of the deceased child provides written consent for the taking of tissue samples for research purposes.

e. The sudden infant death syndrome autopsy protocol shall provide that if the findings in the autopsy are consistent with the definition of sudden infant death syndrome specified in the protocol, the person who conducts the autopsy shall state on the death certificate that sudden infant death syndrome is the cause of death.

(cf: P.L.2000, c.24, s.2)

19. Section 12 of P.L.1967, c.234 (C.52:17B-89) is amended to read as follows:

12. a. Any person who may become aware of any death by criminal violence or by accident or suicide or in any suspicious or unusual manner, shall report such death to the regional medical examiner office [of county medical examiner] with jurisdiction for the region, the office of Chief State Medical Examiner, or to the police department of the municipality in which such person died.

b. Any person who [shall willfully neglect or refuse], knowing that a person has died by criminal violence, accident or suicide, or in any suspicious or unusual manner, fails to report such death, or who, without an order from the regional medical examiner office [of county medical examiner] or the office of Chief State Medical Examiner, shall [willfully] knowingly and without lawful purpose touch, remove or disturb the body of any such person, or touch, remove or disturb the clothing or personal effects upon or near such body, [is] commits a disorderly [person] persons offense.

(cf: P.L.1967, c.234, s.12)

20. Section 15 of P.L.1967, c.234 (C.52:17B-92) is amended to read as follows:

15. a. It shall be the duty of the Chief State Medical Examiner[,] and [the county medical examiners,] each Deputy Chief State Medical Examiner to keep full and complete records of each case they investigate in their respective offices, properly indexed, giving the name, if known, of every such person, the place where the body was found, date and cause of death, and all other available information relating thereto. It shall be the duty of each deputy medical examiner to provide a report of each case they investigate to the Chief State Medical Examiner. The Chief State Medical Examiner shall prescribe the format for the preparation, maintenance and transmission of all records to the office of the Chief State Medical Examiner. The [original] report of [the State Medical Examiner, assistant State medical examiners, or county medical examiners,] any investigation by a deputy medical examiner and the detailed findings of [the] any autopsy, if [any] performed, shall be attached to the record of each case. The office that conducted the investigation shall be the custodian of the records for that case.

b. The Chief State Medical Examiner [, or in case of his absence or inability, an assistant State medical examiner, and the county medical examiners,] and the deputy medical examiner shall promptly deliver to the county prosecutor of the county wherein the death occurred copies of all records relating to every death in which, in the judgment of such medical examiner, further investigation may be deemed advisable. The county prosecutor may obtain from the office of the Chief State Medical Examiner, or of the [county] appropriate regional medical [examiners] examiner office, as the case may be, copies of such records or other information which [he] the county prosecutor may deem necessary. The records of the office of the Chief State Medical Examiner [,] and of the [county medical examiners] regional medical examiner office, made by [themselves] the appropriate medical examiner or by anyone under their direction or supervision, or transcripts thereof certified by such medical examiner, shall be received as competent evidence in any court in this State of the matters and facts therein contained. A reasonable fee may be charged to private persons for copies of such records and upon such conditions as may be prescribed by the Chief State Medical Examiner; provided, however, that no person with a proper interest in such records shall be denied access thereto. All such fees collected by the Chief State Medical Examiner and [county medical examiners] deputy medical examiner shall be paid into the State Treasury [or county treasury, respectively,] on or before the tenth day of each month. The records which shall be admissible as evidence under this section shall be records of the results of views and examinations of or autopsies upon the bodies of deceased persons by such medical examiner, or by anyone under his direct supervision or control, and shall not include statements made by witnesses or other persons.

(cf: P.L.1967, c.234, s.15)

21. N.J.S.2C:43-2 is amended to read as follows:

2C:43-2. Sentence in accordance with code; authorized dispositions. a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter.

b. Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows:

(1) To pay a fine or make restitution authorized by N.J.S.2C:43-3 or P.L.1997, c.253 (C.2C:43-3.4 et al.); or

(2) Except as provided in subsection g. of this section, to be placed on probation and, in the case of a person convicted of a crime, to imprisonment for a term fixed by the court not exceeding 364 days to be served as a condition of probation, or in the case of a person convicted of a disorderly persons offense, to imprisonment for a term fixed by the court not exceeding 90 days to be served as a condition of probation; or

(3) To imprisonment for a term authorized by sections 2C:11-3, 2C:43-5, 2C:43-6, 2C:43-7, and 2C:43-8 or 2C:44-5; or

(4) To pay a fine, make restitution and probation, or fine, restitution and imprisonment; or

(5) To release under supervision in the community or to require the performance of community-related service; or

(6) To a halfway house or other residential facility in the community, including agencies which are not operated by the Department of Human Services; or

(7) To imprisonment at night or on weekends with liberty to work or to participate in training or educational programs.

c. Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the crime or offense and the potential effect of the loss of driving privileges on the person's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence.

d. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.

e. The court shall state on the record the reasons for imposing the sentence, including its findings pursuant to the criteria for withholding or imposing imprisonment or fines under sections 2C:44-1 to 2C:44-3, where imprisonment is imposed, consideration of the defendant's eligibility for release under the law governing parole and the factual basis supporting its findings of particular aggravating or mitigating factors affecting sentence.

f. The court shall explain the parole laws as they apply to the sentence and shall state:

(1) the approximate period of time in years and months the defendant will serve in custody before parole eligibility;

(2) the jail credits or the amount of time the defendant has already served;

(3) that the defendant may be entitled to good time and work credits; and

(4) that the defendant may be eligible for participation in the Intensive Supervision Program.

g. Notwithstanding the provisions of paragraph (2) of subsection b. of this section[, a]:

(1) A court imposing sentence on a defendant who has been convicted of any offense enumerated in subsection a. of section 2 of P.L.1994, c.130 (C.2C:43-6.4) may not sentence the defendant to be placed on probation.

(2) A court shall, as a condition of any order sentencing the defendant to probation pursuant to N.J.S.2C:45-1, require the defendant to pay any assessment required by section 22 of P.L. , c. (C. ) (now pending before the Legislature as section 22 of this bill). The defendant shall not begin probation until the assessment is paid in full.

(cf: P.L.2003, c.267, s.5)

22. (New section) a. In addition to any other fine, fee or assessment imposed, any person convicted of an offense shall be assessed for each conviction as follows:

(1) In the case of a disorderly or petty disorderly persons offense, $25;

(2) In the case of a crime of the third or fourth degree, $50;

(3) In the case of a crime of the first or second degree, $100.

b. A court shall, as a condition of any order sentencing the defendant to probation pursuant to N.J.S.2C:45-1, require the defendant to pay any assessment required by subsection a. of this section. The defendant shall not begin probation until the assessment is paid in full.

c. All assessments provided for in this section shall be collected pursuant to the procedures for the collection of fines and restitutions set forth in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury for deposit in a separate account to be known as the "Medical Examiner's Fund," created by section 6 of P.L. , c. (C. ) (now pending before the Legislature as section 6 of this bill).

23. N.J.S.2C:45-1 is amended to read as follows:

2C:45-1. Conditions of Suspension or Probation.

a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set of standardized conditions promulgated by the county probation department and approved by the court.

b. The court, as a condition of its order, may require the defendant:

(1) To support his dependents and meet his family responsibilities;

(2) To find and continue in gainful employment;

(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose;

(4) To pursue a prescribed secular course of study or vocational training;

(5) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation;

(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;

(7) Not to have in his possession any firearm or other dangerous weapon unless granted written permission;

(8) (Deleted by amendment, P.L.1991, c.329);

(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment;

(10) To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer;

(11) To pay a fine;

(12) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience;

(13) To require the performance of community-related service.

c. The court, as a condition of its order, shall require the defendant to pay any assessments required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) and section 22 of P.L. , c. (C. ) (now pending before the Legislature as section 22 of this bill), and shall, consistent with the applicable provisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or section 1 of P.L.1983, c.411 (C.2C:43-2.1) , require the defendant to make restitution.

d. In addition to any condition imposed pursuant to subsection b. or c., the court shall order a person placed on probation to pay a fee, not exceeding $25.00 per month for the probationary term, to probation services for use by the State, except as provided in subsection g. of this section. This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court.

e. When the court sentences a person who has been convicted of a crime to be placed on probation, it may require him to serve a term of imprisonment not exceeding 364 days as an additional condition of its order. When the court sentences a person convicted of a disorderly persons offense to be placed on probation, it may require him to serve a term of imprisonment not exceeding 90 days as an additional condition of its order. In imposing a term of imprisonment pursuant to this subsection, the sentencing court shall specifically place on the record the reasons which justify the sentence imposed. The term of imprisonment imposed hereunder shall be treated as part of the sentence, and in the event of a sentence of imprisonment upon the revocation of probation, the term of imprisonment served hereunder shall be credited toward service of such subsequent sentence. A term of imprisonment imposed under this section shall be governed by the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).

Whenever a person is serving a term of parole as a result of a sentence of incarceration imposed as a condition of probation, supervision over that person shall be maintained pursuant to the provisions of the law governing parole. Upon termination of the period of parole supervision provided by law, the county probation department shall assume responsibility for supervision of the person under sentence of probation. Nothing contained in this section shall prevent the sentencing court from at any time proceeding under the provisions of this chapter against any person for a violation of probation.

f. The defendant shall be given a copy of the terms of his probation or suspension of sentence and any requirements imposed pursuant to this section, stated with sufficient specificity to enable him to guide himself accordingly. The defendant shall acknowledge, in writing, his receipt of these documents and his consent to their terms.

g. Of the moneys collected under the provisions of subsection d. of this section, $15.00 of each monthly fee collected before January 1, 1995 shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275, and $10.00 of each shall be deposited into a "Community Service Supervision Fund" which shall be established by each county. The moneys in the "Community Service Supervision Fund" shall be expended only in accordance with the provisions of State law as shall be enacted to provide for expenditures from this fund for the purpose of supervising and monitoring probationers performing community service to ensure, by whatever means necessary and appropriate, that probationers are performing the community service ordered by the court and that the performance is in the manner and under the terms ordered by the court.

(cf: P.L.1993, c.275, s.16)

24. Section 1 of P.L.1986, c.189 (C.2A:62A-10) is amended to read as follows:

1. a. When acting in response to a request of a law enforcement officer, any physician, nurse or medical technician who withdraws or otherwise obtains, in a medically accepted manner, a specimen of breath, blood, urine or other bodily substance and delivers it to a law enforcement officer, shall be immune from civil or criminal liability for so acting, provided the skill and care exercised is that ordinarily required and exercised by others in the profession.

b. Any physician, nurse or medical technician who, for an accepted medical purpose, withdraws or otherwise obtains, in a medically accepted manner, a specimen of breath, blood, urine or other bodily substance and subsequently delivers it to a law enforcement officer either voluntarily or upon court order, shall be immune from civil or criminal liability for so acting, provided the skill and care exercised in obtaining the specimen is that ordinarily required and exercised by others in the profession.

c. The immunity from civil or criminal liability provided in subsections a. and b. of this section shall extend to the hospital or other medical facility on whose premises or under whose auspices the specimens are obtained, provided the skill, care and facilities provided are those ordinarily so provided by similar medical facilities.

d. For the purposes of this section, the term "law enforcement officer" includes a State, county or municipal police officer, a county prosecutor or his assistant, the Attorney General or his deputy, or [a] the Chief State [or county medical examiner] Medical Examiner or a Deputy Chief State Medical Examiner.

(cf: P.L.1992, c.196, s.2)

25. Section 7 of P.L.1997, c.175 (C.9:6-8.89) is amended to read as follows:

7. a. The board shall consist of 13 members as follows: the Commissioner of Human Services, the Commissioner of Health and Senior Services, the Director of the Division of Youth and Family Services in the Department of Human Services, the Attorney General, the Superintendent of the State Police, or their designees, the Chief State Medical Examiner, and the Chairperson or Executive Director of the New Jersey Task Force on Child Abuse and Neglect, who shall serve ex officio; and six public members appointed by the Governor, one of whom shall be a representative of the New Jersey Prosecutors' Association, one of whom shall be a Law Guardian, one of whom shall be a pediatrician with expertise in child abuse and neglect, one of whom shall be a psychologist with expertise in child abuse and neglect, one of whom shall be a social work educator with experience and expertise in the area of child abuse or a related field and one of whom shall have expertise in substance abuse.

b. The public members of the board shall serve for three-year terms. Of the public members first appointed, three shall serve for a period of two years, and three shall serve for a term of three years. They shall serve without compensation but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties and within the limits of funds appropriated for this purpose. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.

c. The Governor shall appoint a public member to serve as chairperson of the board who shall be responsible for the coordination of all activities of the board and who shall provide the technical assistance needed to execute the duties of the board.

d. The board is entitled to call to its assistance and avail itself of the services of employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available for the purposes of reviewing a case pursuant to the provisions of P.L.1997, c.175 (C.9:6-8.83 et al.). The board may also seek the advice of experts, such as persons specializing in the fields of pediatric, radiological, neurological, psychiatric, orthopedic and forensic medicine; nursing; psychology; social work; education; law enforcement; family law; substance abuse; child advocacy or other related fields, if the facts of a case warrant additional expertise.

(cf: P.L.1997, c.175, s.7)

26. R.S.26:6-1 is amended to read as follows:

26:6-1. As used in this chapter: "Local registrar" or "registrar" means the local registrar of vital statistics. "State registrar" means the State Registrar of Vital Statistics.

"Registration district" or "district" means the district established by law for the registration of vital events.

"Fetal death" or "stillbirth" means death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

"Dead body" means the dead body of a human being.

The definition of the term "communicable disease" as contained in R.S.26:4-1 shall also apply to this chapter.

"Authentication" means the entry by the Chief State Medical Examiner [or a county medical examiner], a Deputy Chief State Medical Examiner, funeral director or physician into the New Jersey Electronic Death Registration System of a personal identification code, digital signature or other identifier unique to that user, by which the information entered into the system by the user is authenticated by the user who assumes responsibility for its accuracy. "Authentication" also means the process by which the State registrar or a local registrar, deputy registrar, alternate deputy registrar or subregistrar indicates that person's review and approval of information entered into the system by the Chief State Medical Examiner [or a county], the deputy medical examiner, funeral director or physician.

"Electronic registration system" means any electronic method, including, but not limited to, one based on Internet technology, of collecting, transmitting, recording and authenticating information from one or more responsible parties, which is necessary to complete a vital record, and is designed to replace a manual, paper-based data collection, recordation and signature system.

"New Jersey Electronic Death Registration System" or "NJ-EDRS" is an electronic registration system for completing a certification of death or fetal death record that is authorized, designed and maintained by the State registrar.

(cf: P.L.2003, c.221, s.1)

27. R.S.26:6-8 is amended to read as follows:

26:6-8. In the execution of a death certificate, the personal particulars shall be obtained by the funeral director from the person best qualified to supply them. The death and last sickness particulars shall be supplied by the attending, covering or resident physician; or if there is no attending, covering or resident physician, by an attending registered professional nurse licensed by the New Jersey Board of Nursing under P.L.1947, c.262 (C.45:11-23 et seq.); or if there is no attending, covering or resident physician or attending registered professional nurse, by the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region. Within a reasonable time, not to exceed 24 hours after the pronouncement of death, the attending, covering or resident physician or the [county] deputy medical examiner shall execute the death certification. The burial particulars shall be supplied by the funeral director. The attending, covering or resident physician, the attending registered professional nurse, or the [county] deputy medical examiner and the funeral director shall certify to the particulars supplied by them by signing their names below the list of items furnished, or by otherwise authenticating their identities and the information that they have provided through the NJ-EDRS. If a person acting under the direct supervision of the Chief State Medical Examiner, a [county] deputy medical examiner, funeral director, attending, covering or resident physician, or licensed health care facility or other public or private institution providing medical care, treatment or confinement to persons, which is registered with the NJ-EDRS, is not authorized to authenticate the information required on a certificate of death or fetal death, that person may enter that information into the NJ-EDRS in anticipation of its authentication by the Chief State Medical Examiner or a [county] deputy medical examiner, funeral director, attending, covering or resident physician, local registrar, deputy registrar, alternate deputy registrar or subregistrar, as applicable.

(cf: P.L.2003, c.221, s.5)

28. Section 4 of P.L.1983, c.308 (C.26:6-8.1) is amended to read as follows:

4. a. Where there has been an apparent death, a registered professional nurse licensed by the New Jersey Board of Nursing under P.L.1947, c.262 (C.45:11-23 et seq.) may make the actual determination and pronouncement of death and shall attest to this pronouncement by: signing in the space designated for this signature on the certificate of death under R.S.26:6-7; or, for the purposes of the NJ-EDRS, transmitting orally or in writing a report of the pronouncement to the attending, covering or resident physician, or the [county medical examiner] Deputy Chief Medical Examiner with jurisdiction for the region wherein the death occurred.

b. The provisions of subsection a. of this section shall only apply in the case of a death which occurs in the home or place of residence of the deceased, in a hospice, or in a long-term care facility or nursing home.

(cf: P.L.2003, c.221, s.6)

29. Section 1 of P.L.1988, c.125 (C.26:6-8.2) is amended to read as follows:

1. If the attending physician, registered professional nurse or the Chief State or [county medical examiner] Deputy Chief State Medical Examiner who makes the actual determination and pronouncement of death determines or has knowledge that the deceased person was infected with human immunodeficiency virus (HIV) or hepatitis B virus or that the deceased person suffered from acquired immune deficiency syndrome (AIDS), AIDS related complex (ARC) or any of the contagious, infectious or communicable diseases as shall be determined by the Commissioner of the Department of Health and Senior Services, the attending physician, registered professional nurse or Chief State or [county] deputy medical examiner shall immediately place with the remains written notification of the condition and shall provide written notification of the condition to the funeral director who is responsible for the handling and the disposition of the body.

(cf: P.L.1988, c.125, s.1)

30. R.S.26:6-9 is amended to read as follows:

26:6-9. In case of any death occurring without medical attendance, the funeral director shall notify the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region wherein the death occurred, or local registrar. In case the local registrar shall be notified, he shall immediately inform the [county medical examiner] deputy medical examiner and refer the case to him for investigation. The [county] deputy medical examiner shall furnish the funeral director with the necessary data and last sickness particulars to make the death certificate, or shall enter the information directly into the NJ-EDRS.

(cf: P.L.2003, c.221, s.7)

31. R.S.26:6-14 is amended to read as follows:

26:6-14. Upon receipt of a death certificate, the local registrar shall:

a. If the certificate is properly executed and complete, issue a burial or removal permit when requested; [and] or

b. If the certificate of death is incomplete and unsatisfactory, call attention to the defects in the return, and withhold the burial or removal permit until the defects are corrected. Any person certifying to any of the particulars in the certificate shall complete the same as directed by the local registrar in accordance with such terms as may be defined by the State registrar.

For the purposes of the NJ-EDRS, the death certificate shall be complete when the attending, covering or resident physician or the [county medical examiner] Deputy Chief State Medical Examiner, and the funeral director in charge, have completed their respective portions of the death registration record.

(cf: P.L.2003, c.221, s.9)

32. R.S.26:8-1 is amended to read as follows:

26:8-1. As used in this chapter:

"Vital statistics" means statistics concerning births, deaths, fetal deaths, marriages and domestic partnerships established pursuant to P.L.2003, c.246 (C.26:8A-1 et al.).

"Vital records" means the birth, death, fetal death, marriage and domestic partnership records from which vital statistics are produced.

"State registrar" means the State registrar of vital statistics; "Local registrar" or "registrar" means the local registrar of vital statistics of any district; and "registration district" or "district" means a registration district as constituted by this article.

"Live birth" or "birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta attached.

"Authentication" means the entry by the Chief State Medical Examiner [or a county medical examiner], a Deputy Chief State Medical Examiner , funeral director or physician into the New Jersey Electronic Death Registration System of a personal identification code, digital signature or other identifier unique to that user, by which the information entered into the system by the user is authenticated by the user who assumes responsibility for its accuracy. "Authentication" also means the process by which the State registrar or a local registrar, deputy registrar, alternate deputy registrar or subregistrar indicates that person's review and approval of information entered into the system by the Chief State Medical Examiner [or a county], the deputy medical examiner, funeral director or physician.

(cf: P.L.2003, c.246, s.14)

33. Section 16 of P.L.2003, c.221 (C.26:8-24.1) is amended to read as follows:

16. a. The State registrar shall establish and maintain the New Jersey Electronic Death Registration System or NJ-EDRS.

(1) The system shall be fully implemented no later than 18 months after the date of enactment of P.L.2003, c.221, and shall be the required means of death registration and certification for any death or fetal death occurring in this State, subject to any exception that may be approved by the State registrar in the case of a specific death or fetal death. All participants in the death registration process, including, but not limited to, the State registrar, local registrars, deputy registrars, alternate deputy registrars, subregistrars, the Chief State [medical examiner] Medical Examiner, [county medical examiners] Deputy Chief State Medical Examiners, funeral directors, attending physicians and resident physicians, licensed health care facilities, and other public or private institutions providing medical care, treatment or confinement to persons, shall be required to utilize the NJ-EDRS to provide the information that is required of them by statute or regulation.

(2) The State registrar may provide for a phased implementation of the system, beginning seven months after the date of enactment of P.L.2003, c.221, by requiring certain users, who are designated by the State registrar on a geographic or other basis for this purpose, to commence utilization of the system.

(3) Beginning no later than six months after the date of enactment of P.L.2003, c.221, the State registrar shall authorize and provide material support, in the form of system access, curriculum guidelines and user registration capability and authority, to the principal trade associations or professional organizations representing persons affected by implementation of the NJ-EDRS, for the purposes of providing training and education with regard to the NJ-EDRS. The State registrar may conduct such education and training, or authorize other entities to do so on his behalf; however, these activities shall not be construed as restricting the training and education activities of any affected trade association or professional organization, including the location, manner, fees or other means of conducting those activities on the part of the association or organization.

b. The NJ-EDRS shall, at a minimum, provide for:

(1) the direct transmission of burial permit documentation to the originating funeral home in an electronic form capable of output to a local printer;

(2) an overnight mail system for the delivery of NJ-EDRS-generated death certificates by the State registrar and local registrars, the cost of which shall be chargeable to the funeral director of record;

(3) an automated notification system to alert other responsible parties to pending cases, including notification to or from alternate local registrars;

(4) a systematic electronic payment method by which all fees are taken from accounts for which funeral homes are financially responsible and distributed, as appropriate, to the State registrar or local registrars as payment for the issuance of permits, the recording of records, the making of certified copies of death certificates, or for other charges that may be incurred;

(5) a legally binding system of digital authentication in lieu of signatures for the responsible parties and a means of assuring database security that permits users to enter the system from multiple sites and includes contemporaneous and remote data security methods to protect the system from catastrophic loss or intrusions, as well as a method of data encryption for transmission;

(6) the capacity for authorized users to retrieve data comprising the death certification record;

(7) the capacity to electronically amend and correct death records;

(8) electronic notification, upon completion of the death record and issuance of a burial permit, of the decedent's name, Social Security number and last known address and the informant to: the federal Social Security Administration, the federal Immigration and Naturalization Service, the Division of Medical Assistance and Health Services in the Department of Human Services, and such other governmental agencies as the State registrar determines will substantially contribute to safeguarding public benefit programs and diminish the criminal use of a decedent's name and other identifying information; and the New Jersey State Funeral Directors Association, in the case of a decedent participating in one of its funeral expense payment programs, in such a manner as to enable it to fulfill its fiduciary obligations for the payment of the decedent's final funeral and burial expenses;

(9) sufficient data documentation to meet contemporary and emerging standards and expectations of vital record archiving; and

(10) continuous 24-hour-a-day technical support for all authorized users of the system.

c. A provider of information that is required to complete a death certificate, or who is subject to the provisions of law governing the NJ-EDRS, shall not be deemed to be acting as a local registrar, deputy registrar, alternate deputy registrar or subregistrar solely by virtue of permitting other providers of information to gain access to the NJ-EDRS by using those other providers' identifying information.

(cf: P.L.2003, c.221, s.16)

34. Section 18 of P.L.2003, c.221 (C.26:8-24.3) is amended to read as follows:

18. The Chief State Medical Examiner, [county medical examiners] Deputy Chief State Medical Examiners, licensed health care facilities, other public or private institutions providing medical care, treatment or confinement to persons, funeral homes and physicians' private practice offices, as defined by the State registrar, shall acquire the electronic means prescribed by the State registrar to access the NJ-EDRS, or make such other arrangements as are necessary for that purpose, no later than six months after the date of enactment of P.L.2003, c.221.

The Chief State Medical Examiner and each [county] deputy medical examiner, health care facility, institution, funeral home or physician's office shall employ at least one person who is qualified to use the NJ-EDRS, and is registered with the State registrar as an authorized user of the system, by virtue of completing a course of instruction on the NJ-EDRS provided by the State registrar or an authorized agent thereof, or satisfying such other requirements as may be established by the State registrar for this purpose.

(cf: P.L.2003, c.221, s.18)

35. R.S.26:8-52 is amended to read as follows:

26:8-52. Corrections to death certificates shall be signed by the physician, registered professional nurse, [county medical examiner,] Deputy Chief State Medical Examiner, Chief State Medical Examiner, funeral director or informant, whose name appears upon the certificate, or shall be otherwise recorded and authenticated on the NJ-EDRS as prescribed by the State registrar; however, any individual having personal knowledge and substantiating documentary proof of the matters sought to be corrected may apply under oath to the [county] deputy medical examiner or the Chief State Medical Examiner in a case in which the certificate was signed by the Chief State Medical Examiner, to have the certificate corrected. The authority to sign or otherwise authenticate corrections or amendments to causes or duration of causes of death is restricted to the physician, Chief State Medical Examiner or [county] deputy medical examiner. Upon denial of an application for correction or amendment of a death certificate, a person who has applied to a [county] deputy medical examiner may apply to the Chief State Medical Examiner, who shall exercise discretion to review the matter and amend the certificate or to defer to the decision of the [county] deputy medical examiner. The decision of the [county] deputy medical examiner shall be deemed the final decision by a public officer in the matter unless the Chief State Medical Examiner amends or corrects the death certificate.

(cf: P.L.2003, c.221, s.22)

36. R.S.39:4-50 is amended to read as follows:

39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

(1) For the first offense:

(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1).

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1).

As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.

A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

(b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.

(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.

(d) The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.

(e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.

(f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse.

Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.

Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health and Senior Services in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.

The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.

(g) When a violation of this section occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.

It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department:

(1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;

(2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or

(3) if approved by a [county medical examiner, the office of the county medical examiner] Deputy Chief State Medical Examiner, regional medical examiner office, or a public morgue , to observe appropriate victims of vehicle accidents involving drunk drivers.

As used in this section,"appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.

If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.

The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.

(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund.

(cf: P.L.2004, c.8, s.2)

37. R.S.39:4-134 is amended to read as follows:

39:4-134. Every county prosecutor, [county medical examiner] Deputy Chief State Medical Examiner, or other official performing like functions shall make a report to the director with respect to a death found to have been the result of a motor vehicle accident.

(cf: P.L.1971, c.2, s.17)

38. N.J.S.40A:9-49 is amended to read as follows:

40A:9-49. The [county medical examiner] Deputy Chief State Medical Examiner upon taking charge of unidentified or unclaimed dead bodies shall make burial arrangements. If the decedent left an ascertainable estate able to pay for the burial, the cost thereof certified by the official in charge shall be payable out of such estate. If the decedent left no ascertainable estate able to pay for the burial, the cost of burial shall be borne:

a. if the decedent was an adult or emancipated child with surviving spouse, by the surviving spouse,

b. if the decedent was an unemancipated child with a surviving parent, by the surviving parent, or

c. if there is no surviving spouse or parent, as applicable, by [the] a county within the jurisdiction of the deputy medical examiner's regional medical examiners office.

(cf: P.L.1985, c.438, s.1)

39. N.J.S.40A:9-50 is amended to read as follows:

40A:9-50. The Superior Court, upon the application of a proper party, may order the disinterment of any dead body, where an investigation of the cause of death is authorized, under the supervision and direction of the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region and authorize said official to remove the body to a public morgue for the purpose of examination or autopsy. The court shall direct the giving of or dispensing with notice.

(cf: P.L.1991, c.91, s.393)

40. N.J.S.40A:9-51 is amended to read as follows:

40A:9-51. The board of chosen freeholders of any county, by resolution, may designate not more than 6 places to be used as county public morgues and provide for their maintenance and operation. The said board may appoint the morgue keepers for terms of [5] five years from the date of their appointments. The morgue keepers shall be under the supervision and direction of the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region.

(cf: N.J.S.40A:9-51)

41. N.J.S.40A:9-52 is amended to read as follows:

40A:9-52. The morgue keepers shall be required to provide suitable rooms for the holding of necessary examinations or autopsies. They shall dispose of the dead bodies as directed by the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region. The said [county] deputy medical examiner shall grant burial certificates for the unknown or unclaimed dead only to the morgue keepers. The board of chosen freeholders shall fix and pay the fees and expenses incurred by the morgue keepers in the performance of their duties as such.

(cf: N.J.S.40A:9-52)

42. N.J.S.40A:9-54 is amended to read as follows:

40A:9-54. Unidentified or unclaimed dead bodies shall be viewed by the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region wherein the dead body lies or a regularly licensed and practicing physician deputized for that purpose by the [county] deputy medical examiner. Thereafter the body shall be buried by the morgue keeper at the expense of the county.

(cf: P.L.2002, c.121, s.3)

43. N.J.S.40A:9-55 is amended to read as follows:

40A:9-55. If any dead body in a morgue received as being unidentified shall thereafter be identified, the morgue keeper, upon the order of the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region, shall deliver such body to any proper person willing to accept the responsibility therefor. Said person shall state the name and last known residence of the deceased and acknowledge receipt of the body by signing for it in a book to be kept by the morgue keeper for that purpose.

The morgue keeper shall make and keep a record of all bodies received and their disposition.

(cf: N.J.S.40A:9-55)

44. N.J.S.40A:9-56 is amended to read as follows:

40A:9-56. In any county where there is no morgue keeper, the procedure as to the disposition of unidentified or unclaimed dead bodies shall be as nearly similar as in counties having a morgue keeper and the duties which would have been performed by the morgue keeper, if there were one, shall be performed by the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region.

(cf: P.L.2002, c.121, s.4)

45. N.J.S.40A:9-57 is amended to read as follows:

40A:9-57. Where in any municipality the police ascertain the finding or discovery of an unidentified dead body, the chief of police or other police officer on duty shall forthwith notify the [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region of such finding or discovery.

(cf: N.J.S.40A:9-57)

46. N.J.S.40A:9-58 is amended to read as follows:

40A:9-58. The [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region shall take charge of the personal property found on or pertaining to an unknown decedent. The said [county] deputy medical examiner shall make an inventory of all such personal property and file a copy thereof with the clerk of the board of chosen freeholders for the county wherein the finding or discovery of the unknown decedent occurred. Within 20 days after the death, the said personal property with a copy of the inventory shall be delivered to the county treasurer. After 20 days following such delivery the county treasurer, in his discretion, may sell said property at public or private sale. If the proceeds of any such sale shall not be claimed by a personal representative of the decedent or person entitled thereto within 2 years after the sale, the said proceeds shall become the property of the county.

(cf: N.J.S.40A:9-58)

47. N.J.S.40A:9-60 is amended to read as follows:

40A:9-60. Any person reporting the finding of a dead body, thrown upon the shores or coasts of this State by shipwreck, shall be entitled to reimbursement for his expenses in connection with such finding and reporting in an amount as approved either by the Chief State Medical Examiner or [county medical examiner] a Deputy Chief State Medical Examiner and paid by the State Treasurer.

(cf: N.J.S.40A:9-60)

48. N.J.S.40A:9-61 is amended to read as follows:

40A:9-61. The [county medical examiner] Deputy Chief State Medical Examiner with jurisdiction for the region shall take possession of all moneys, goods or other personal property found on the body of any such shipwrecked person or which apparently belonged to said person and dispose of the same as herein provided. The [county] deputy medical examiner shall utilize such personal property as may be reasonably necessary for or in connection with the burial of the body. The remainder of the property shall be delivered by either the Chief State Medical Examiner or [county] deputy medical examiner to the State Treasurer and if not claimed within 2 years by persons entitled thereto such property shall escheat to the State.

Nothing contained herein shall be deemed to preclude relatives or other persons being lawfully entitled thereto from taking charge of said moneys, goods or other personal property.

(cf: N.J.S.40A:9-61)

49. N.J.S.40A:9-62 is amended to read as follows:

40A:9-62. [Every county medical examiner] Each Deputy Chief State Medical Examiner shall record in a book kept for that purpose the time and place of burial of any shipwrecked body, the name of the ship or vessel, date and place of the wreck, and a detailed description of the body. The [county] deputy medical examiner shall preserve any letters, writings, coins, medals, keepsakes or other articles which may aid in identification.

(cf: N.J.S.40A:9-62)

50. Section 32 of P.L.1952, c.340 (C.45:7-63) is amended to read as follows:

32. No person shall inject any fluid or substance into any cavity or artery of the body of any person who has come to a sudden, violent or untimely death, or of any person found dead, the manner of whose death is not known, until permission is obtained from the [county medical examiner of] Deputy Chief State Medical Examiner with jurisdiction for the county in which the dead body lies. No person shall employ, for the purpose of the practice of mortuary science, funeral directing or embalming, any arsenical or other poisonous agent which may by its presence in the viscera prevent the detection of criminal usage of the poisonous agent before the death of the individual occurred; but this provision shall not prohibit the use by any association incorporated under article 4 of chapter 9 of Title 45 of the Revised Statutes, of any substance for the preservation of dead bodies which have legally come into its possession.

(cf: P.L.1971, c.2, s.18)

51. Section 2 of P.L.1974, c.55 (C.52:14-15.108) is amended to read as follows:

2. The salary ranges for the following positions shall be as established by the Department of Personnel with the approval of the Director, Division of Budget and Accounting. The salary rate for any such position shall be the salary step in such range next above the salary currently being paid; provided, however, that any sums appropriated for salaries may be made available for salary adjustments therein arising from various exigencies of the State service and for normal merit salary increments as the Commissioner of Personnel, the State Treasurer and the Director of the Division of Budget and Accounting shall determine; and provided, further, that nothing in this act shall reduce the salary rate for any such position below that which is being paid on the effective date of this act:

Personnel Department

Chief Examiner and Secretary

Community Affairs Department

Assistant Commissioner of Community Affairs

Director, Division of State and Regional Planning

Director, Division of Local Government Services

Director, Division of Housing and Urban Renewal

Director, Office of Aging Programs

Director, Office on Women

Environmental Protection Department

Director, Division of Water Resources

Director, Division of Parks and Forestry

Director of Fish, Game and Shell Fisheries

Director, Division of Marine Services

Director, Division of Environmental Quality

Health and Senior Services Department

Director, Division, of Narcotic and Drug Abuse Control

Corrections Department

Chairman, State Parole Board

Associate Member, State Parole Board

Public Defender

Labor Department

Director, Workplace Standards

Law and Public Safety Department

Colonel and Superintendent, State Police

Director, Division of Motor Vehicles

Chief State Medical Examiner

Director, Division of Alcoholic Beverage Control

State Superintendent of Weights and Measures

Chairman, State Athletic Control Board

Public Utilities Department

Director, Office of Cable Television

Executive Director, Public Broadcasting

State Department

Transportation Department

Assistant Commissioner for Highways

Assistant Commissioner for Public Transportation

Treasury Department

Director, Division of Budget and Accounting

Director, Division of Taxation

Director, Division of Purchase and Property

Director, Division of Pensions and Benefits

Director, Division of State Lottery.

(cf: P.L.2001, c.397, s.2)

52. Section 4 of P.L.1983, c.467 (C.52:17B-9.9) is amended to read as follows:

4. To assist and advise the Attorney General in the administration of this act there is created within the Department of Law and Public Safety, a 16-member Commission on Missing Persons, which shall consist of the following persons:

a. The Attorney General, the Superintendent of State Police, the Chief State Medical Examiner and the Special Agent-in-Charge of the State of New Jersey for the Federal Bureau of Investigation, ex officio, or their designated representatives;

b. Four public members, two to be appointed by the Governor, one to be appointed by the President of the Senate and one to be appointed by the Speaker of the General Assembly; and

c. Six law enforcement officers to be appointed by the Governor; each representing a different county of this State. For the purposes of this subsection, "law enforcement officer" means a permanent, full-time, active member in good standing of a law enforcement agency of a municipality or county in this State; but shall not mean a member of the State Police.

d. Two members from social service agencies to be appointed by the Governor.

(cf: P.L.1983, c.467, s.4)

53. Section 3 of P.L.2003, c.225 (C.52:27D-43.17c) is amended to read as follows:

3. a. The board shall consist of 21 members as follows:

(1) the Commissioners of Community Affairs, Human Services and Health and Senior Services, the Director of the Division on Women in the Department of Community Affairs, the Attorney General, the Public Defender, the Superintendent of the State Police, the Supervisor of the Office on the Prevention of Violence Against Women in the Department of Community Affairs established pursuant to Executive Order No. 61 (1992), the Chief State Medical Examiner, the Program Director of the Domestic Violence Fatality Review Board established pursuant to Executive Order No. 110 (2000) and the Executive Director of the New Jersey Task Force on Child Abuse and Neglect, or their designees, who shall serve ex officio;

(2) eight public members appointed by the Governor who shall include a representative of the County Prosecutors Association of New Jersey with expertise in prosecuting domestic violence cases, a representative of the New Jersey Coalition for Battered Women, a representative of a program for battered women that provides intervention services to perpetrators of acts of domestic violence, a representative of the law enforcement community with expertise in the area of domestic violence, a psychologist with expertise in the area of domestic violence or other related fields, a licensed social worker with expertise in the area of domestic violence, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases and a county probation officer; and

(3) two retired judges appointed by the Administrative Director of the Administrative Office of the Courts, one with expertise in family law and one with expertise in municipal law as it relates to domestic violence.

b. The public members of the board shall serve for three-year terms, except that of the public members first appointed, four shall serve for a period of one year, three shall serve for a period of two years and two shall serve for a period of three years. The members shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties and within the limits of funds appropriated for this purpose. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.

c. The board shall select a chairperson from among its members who shall be responsible for the coordination of all activities of the board.

e. The board may seek the advice of experts, such as persons specializing in the fields of psychiatric and forensic medicine, nursing, psychology, social work, education, law enforcement, family law, academia, military affairs or other related fields, if the facts of a case warrant additional expertise.

(cf: P.L.2003, c.225, s.3)

54. Section 8 of P.L.2001, c.246 (C.App.A:9-71) is amended to read as follows:

8. a. There is established in the Department of Law and Public Safety the Domestic Security Preparedness Planning Group, which shall assist the task force in performing its duties under this act. In cooperation with the task force, the planning group shall develop and provide to the task force, for consideration, a coordinated plan to be included in the State Emergency Operations Plan to prepare for, respond to, mitigate and recover from incidents of terrorism.

b. The members of the planning group shall include the Director of the New Jersey Office of Emergency Management, the Adjutant General of Military and Veterans' Affairs or his designee, the Commissioner of Agriculture or his designee, the Commissioner of Community Affairs or his designee, the Commissioner of Corrections or his designee, the Commissioner of Environmental Protection or his designee, the Commissioner of Health and Senior Services or his designee, the Commissioner of Human Services, or his designee, the Commissioner of Transportation or his designee, the Executive Director of the New Jersey Transit Corporation or his designee, the State Treasurer or his designee, the New Jersey Chief State Medical Examiner or his designee, a representative of the University of Medicine and Dentistry of New Jersey, the President of the Board of Public Utilities or his designee, a representative of the New Jersey County Emergency Management Coordinators Association, a representative of the New Jersey State Fire Chiefs Association, and a representative of the New Jersey State Police Chiefs Association. The planning group may include, to the extent such individuals may be made available for such purpose, a representative of the Federal Emergency Management Agency, a representative of the Federal Bureau of Investigation, a representative of the American Red Cross, and a representative of such other charitable groups as may be appropriate. The chairperson of the task force shall appoint the chair and vice chair
of the planning group.

(cf: P.L.2001, c.246, s.8)

55. The following are repealed:

N.J.S.40A:9-46 to N.J.S.40A:9-48, both inclusive; and

Laws of 1967, c.234, ss.6-8, 14, and 16 (C.52:17B-83 through 52:17B-85, both inclusive; 52:17B-91; and 52:17B-93).

56. This act shall take effect on the 120th day after enactment.

STATEMENT

This bill would establish an integrated State medical examiner system. The bill intends to reform the current State and county medical examiner systems into a more uniform and coordinated structure, and would: 1) increase the authority of the State Medical Examiner regarding forensic investigations of deaths; 2) establish regional medical examiner offices, under the direction of new "Deputy Chief State Medical Examiners;" and 3) eliminate the offices of the county medical examiners.

The State Medical Examiner, renamed the "Chief State Medical Examiner," would be appointed by the Governor and subject to new qualifying standards. The State examiner would be required to be a physician licensed and in good standing in the State, a graduate of an accredited medical school or college, and certified by the American Board of Pathology (instead of simply being a "qualified" forensic pathologist). The State examiner would direct, control and supervise the integrated State medical examiner system.

The State examiner would be assisted by several Deputy Chief State Medical Examiners, appointed by the Attorney General in consultation with the State examiner, and subject to qualifying standards similar to those established for the Chief State Medical Examiner. The Attorney General would appoint between four and six such deputy medical examiners.

Each deputy medical examiner would direct a newly created regional medical examiner office. These deputy medical examiners would also assume the responsibilities currently handled by the county medical examiners, which positions are eliminated by the bill. However, in order to better integrate the functions and responsibilities of the county medical examiners within the new, more uniform State medical system, any county medical examiner appointed prior to the enactment of this bill would continue in such capacity until the expiration of the examiner's term.

This newly structured State medical examiner system would possess an expanded scope of jurisdiction, and additional investigatory authority, with respect to forensic investigations of deaths. The office of the Chief State Medical Examiner and the regional medical examiner offices would investigate deaths in an expanded range of categories, including: the deaths of persons in the custody of law enforcement officers; deaths from causes which might constitute a threat to public safety; deaths due to injury relating to employment; and deaths associated with diagnostic or therapeutic procedures. When investigating a person's death resulting from any of the enumerated categories, the investigating medical examiner would be provided the additional authority to take possession of any objects or articles which constitute evidence of criminal behavior and later deliver such items to the appropriate regional medical examiner office and county prosecutor.

This expanded investigatory authority is further demonstrated by provisions within the bill which would provide the Chief State Medical Examiner with the power to issue subpoenas in order to compel the production of books, accounts, documents, or other evidence relative to any matter within the jurisdiction of the State examiner's office. Investigations could also be coordinated with law enforcement resources, even in matters which may exist primarily outside of the jurisdiction of the State examiner, with the permission of the Attorney General.

In order to fund the functioning and operation of the office of the Chief State Medical Examiner and the regional medical examiner offices, the bill would create a nonlapsing fund in the Department of the Treasury. This fund would be the depository for a mandatory assessment imposed upon every person convicted of any offense, from a petty disorderly persons offense to a first degree crime. The assessment would range from $25 to $100, depending upon the seriousness of the offense for which the person was convicted, and payment of the assessment in full would become a condition of any court order placing a person on probation. As such, a person would not begin any period of probation until the person completed payment of any such assessment.