SB 1163: Postmortem examination or autopsy: unidentified body or human remains: medical examiner: attending physician and surgeon.

Existing law makes it the duty of a coroner to inquire into and determine the circumstances, manner, and cause of deaths under prescribed conditions, including deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another or if the surviving spouse of the deceased requests the coroner to do so in writing. Existing law makes a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified human body or human remains subject to certain specified provisions of law.

This bill would authorize an agency tasked with the exhumation of a body or skeletal remains of a deceased person that has suffered significant deterioration or decomposition, where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another, to perform the exhumation in consultation with a board-certified forensic pathologist and would authorize that board-certified forensic pathologist to suggest to the agency tasked with an exhumation to consider retaining the services of an anthropologist, as specified.

Existing law requires a postmortem examination or autopsy to include certain procedures, including, but not limited to, a dental examination that is authorized to be conducted by a qualified dentist as determined by the coroner. Existing law authorizes the postmortem examination or autopsy of the unidentified body or remains to include full body X-rays.

This bill would instead provide that the dental examination is authorized to be conducted by a qualified dentist as determined by the coroner or medical examiner. The bill would additionally authorize the postmortem examination or autopsy of the unidentified body or remains to include computed tomography scans.

Existing law, unless the coroner, medical examiner, or other agency performing a postmortem examination or autopsy determines the body of the unidentified deceased person has suffered significant deterioration or decomposition, prohibits the jaws from being removed until immediately before the body is cremated or buried and requires the coroner, medical examiner, or other agency to retain the jaws and other tissue samples for a specified period of time.

This bill would require the coroner, medical examiner, or other agency to, instead, retain the appropriate samples of tissue and bone for that specified period of time.

This bill would eliminate that prohibition and would prohibit the unidentified body or human remains from being cremated or buried until the appropriate samples of tissue and bone are retained for future possible use.

By placing new requirements on local governments for performing postmortem examinations or autopsies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.