Bill Text: OH HB228 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require a coroner, deputy coroner, or pathologist to administer a blood test for alcohol or drugs when a person has died by suicide or in an unusual manner and the test is requested and paid for by a family member.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2009-06-17 - To Criminal Justice [HB228 Detail]

Download: Ohio-2009-HB228-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 228

Representative Domenick 

Cosponsors: Representatives Bacon, Boyd, Fende, Foley, Hagan, Mecklenborg, Murray, Stewart, Winburn, Yuko 

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A BILL

To amend section 313.131 and to enact section 313.124

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of the Revised Code to require a coroner, deputy

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coroner, or pathologist to administer a blood test

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for alcohol or drugs when a person has died by

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suicide or in an unusual manner and the test is

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requested and paid for by a family member.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 313.131 be amended and section	7
313.124 of the Revised Code be enacted to read as follows:	8

Sec. 313.124. (A) If requested by a family member of a	9
deceased person, the coroner, deputy coroner, or pathologist shall	10
administer a chemical test to the blood of the deceased person to	11
determine the alcohol, drug, or alcohol and drug content of the	12
blood if both of the following are the case:	13

(1) The coroner, deputy coroner, or pathologist is notified	14
or determines that the deceased person died by suicide or in a	15
suspicious or unusual manner.	16

(2) The full cost of the chemical test is paid for by the	17
family member making the request.	18

(B) Division (A) of this section does not authorize the	19
coroner, deputy coroner, or pathologist to perform an autopsy and	20
does not affect the provisions of section 313.131 of the Revised	21
Code that govern the determination of whether and when an autopsy	22
is performed.	23

(C) The results of a chemical test administered pursuant to	24
division (A) of this section are public records as described in	25
division (A)(1) of section 313.10 of the Revised Code and shall be	26
made available to any person for inspection and copying as	27
described in division (B) of section 313.10 of the Revised Code.	28

Sec. 313.131.  (A) As used in this section:

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(1) "Friend" means any person who maintained regular contact	30
with the deceased person, and who was familiar with the deceased	31
person's activities, health, and religious beliefs at the time of	32
the deceased person's death, any person who assumes custody of the	33
body for burial, and any person authorized by written instrument,	34
executed by the deceased person to make burial arrangements.	35

(2) "Relative" means any of the following persons: the	36
deceased person's surviving spouse, children, parents, or	37
siblings.	38

(B) The coroner, deputy coroner, or pathologist shall perform	39
an autopsy if, in the opinion of the coroner, or, in histhe	40
coroner's absence, in the opinion of the deputy coroner, an	41
autopsy is necessary, except for certain circumstances provided	42
for in this section where a relative or friend of the deceased	43
person informs the coroner that an autopsy is contrary to the	44
deceased person's religious beliefs, or the coroner otherwise has	45
reason to believe that an autopsy is contrary to the deceased	46
person's religious beliefs. The coroner has such reason to believe	47
an autopsy is contrary to the deceased person's religious beliefs	48
if a document signed by the deceased and stating an objection to	49
an autopsy is found on the deceased'sdeceased person or in his	50
the deceased person's effects. For the purposes of this division,	51
a person is a relative or friend of the deceased person if the	52
person presents an affidavit stating that hethe person is a	53
relative or friend as defined in division (A) of this section.	54

(C)(1) Except as provided in division (F) of this section, if	55
a relative or friend of the deceased person informs the coroner	56
that an autopsy is contrary to the deceased person's religious	57
beliefs, or the coroner otherwise has reason to believe that an	58
autopsy is contrary to the deceased person's religious beliefs,	59
and the coroner concludes the autopsy is a compelling public	60
necessity, no autopsy shall be performed for forty-eight hours	61
after the coroner takes charge of the deceased person. An autopsy	62
is a compelling public necessity if it is necessary to the conduct	63
of an investigation by law enforcement officials of a homicide or	64
suspected homicide, or any other criminal investigation, or is	65
necessary to establish the cause of the deceased person's death	66
for the purpose of protecting against an immediate and substantial	67
threat to the public health. During the forty-eight hour period,	68
the objecting relative or friend may file suit to enjoin the	69
autopsy, and shall give notice of any such filing to the coroner.	70
The coroner may seek an order waiving the forty-eight hour waiting	71
period. If the coroner seeks such an order, the court shall give	72
notice of the coroner's motion, by telephone if necessary, to the	73
objecting relative or friend, or, if none objected, to all of the	74
deceased person's relatives whose addresses or telephone numbers	75
can be obtained through the exercise of reasonable diligence. The	76
court may grant the coroner's motion if the court determines that	77
no friend or relative of the deceased person objects to the	78
autopsy or if the court is satisfied that any objections of a	79
friend or relative have been heard, and if it also determines that	80
the delay may prejudice the accuracy of the autopsy, or if law	81
enforcement officials are investigating the deceased person's	82
death as a homicide and suspect the objecting party committed the	83
homicide or aided or abetted in the homicide. If no friend or	84
relative files suit within the forty-eight hour period, the	85
coroner may proceed with the autopsy.	86

(2) The court shall hear a petition to enjoin an autopsy	87
within forty-eight hours after the filing of the petition. The	88
Rules of Civil Procedure shall govern all aspects of the	89
proceedings, except as otherwise provided in division (C)(2) of	90
this section. The court is not bound by the rules of evidence	91
Rules of Evidence in the conduct of the hearing. The court shall	92
order the autopsy if the court finds that under the circumstances	93
the coroner has demonstrated a need for the autopsy. If the court	94
enjoins the autopsy, the coroner shall immediately proceed under	95
section 313.14 of the Revised Code.	96

(D)(1) If a relative or friend of the decedent informs the	97
coroner that an autopsy is contrary to the deceased person's	98
religious beliefs, or the coroner otherwise has reason to believe	99
that an autopsy is contrary to the deceased person's religious	100
beliefs, and the coroner concludes the autopsy is necessary, but	101
not a compelling public necessity, the coroner may file a petition	102
in a court of common pleas seeking a declaratory judgment	103
authorizing the autopsy. Upon the filing of the petition, the	104
court shall schedule a hearing on the petition, and shall issue a	105
summons to the objecting relative or friend, or, if none objected,	106
to all of the deceased person's relatives whose addresses can be	107
obtained through the exercise of reasonable diligence. The court	108
shall hold the hearing no later than forty-eight hours after the	109
filing of the petition. The court shall conduct the hearing in the	110
manner provided in division (C)(2) of this section.	111

(2) Each person claiming to be a relative or friend of the	112
deceased person shall immediately upon receipt of the summons file	113
an affidavit with the court stating the facts upon which the claim	114
is based. If the court finds that any person is falsely	115
representing himselfthe person as a relative or friend of the	116
deceased person, the court shall dismiss the person from the	117
action. If after dismissal no objecting party remains, and the	118
coroner does not have reason to believe that an autopsy is	119
contrary to the deceased person's religious beliefs, the court	120
shall dismiss the action and the coroner may proceed with the	121
autopsy. The court shall order the autopsy after hearing the	122
petition if the court finds that under the circumstances the	123
coroner has demonstrated a need for the autopsy. The court shall	124
waive the payment of all court costs in the action. If the	125
petition is denied, the coroner shall immediately proceed under	126
section 313.14 of the Revised Code.	127

Any autopsy performed pursuant to a court order granting an	128
autopsy shall be performed using the least intrusive procedure.	129

(E) For purposes of divisions (B), (C)(1), and (D)(1) of this	130
section, any time the friends or relatives of a deceased person	131
disagree about whether an autopsy is contrary to the deceased	132
person's religious beliefs, the coroner shall consider only the	133
information provided to himthe coroner by the person of highest	134
priority, as determined by which is listed first among the	135
following:	136

(1) The deceased person's surviving spouse;

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(2) An adult son or daughter of the deceased person;

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(3) Either parent of the deceased person;

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(4) An adult brother or sister of the deceased person;

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(5) The guardian of the person of the deceased person at the	141
time of death;	142

(6) A person other than those listed in divisions (E)(1) to	143
(5) of this section who is a friend as defined in division (A) of	144
this section.	145

If two or more persons of equal priority disagree about	146
whether an autopsy is contrary to the deceased person's religious	147
beliefs, and those persons are also of the highest priority among	148
those who provide the coroner with information the coroner has	149
reason to believe that an autopsy is contrary to the deceased	150
person's religious beliefs.	151

(F)(1) Divisions (C)(1) and (2) of this section do not apply	152
in any case involving aggravated murder, suspected aggravated	153
murder, murder, suspected murder, manslaughter offenses, or	154
suspected manslaughter offenses.	155

(2) This section does not prohibit the coroner, deputy	156
coroner, or pathologist from administering a chemical test to the	157
blood of a deceased person to determine the alcohol, drug, or	158
alcohol and drug content of the blood, when required by division	159
(B) of section 313.13 or division (A) of section 313.124 of the	160
Revised Code, and does not limit the coroner, deputy coroner, or	161
pathologist in the performance of histhe coroner's, deputy	162
coroner's, or pathologist's duties in administering a chemical	163
test under that divisionthose divisions.	164

Section 2. That existing section 313.131 of the Revised Code	165
is hereby repealed.	166