AB 2761: Deaths while in law enforcement custody: reporting.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-29
Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
If a death occurs while a person is in custody, this bill would require the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. The bill would grant an agency an additional 10 days to make good faith efforts to notify next of kin if the agency seeks to notify the next of kin and is unable to do so within 10 days of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
If a death occurs while a person is in custody, this bill would require the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. The bill would grant an agency an additional 10 days to make good faith efforts to notify next of kin if the agency seeks to notify the next of kin and is unable to do so within 10 days of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
If a death occurs while a person is in custody, this bill would require the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. The bill would grant an agency an additional 10 days to make good faith efforts to notify next of kin if the agency seeks to notify the next of kin and is unable to do so within 10 days of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
(2)Existing
Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
If a death occurs while a person is in custody, this bill would require the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
(1)Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. prison, and the death was precipitated by law enforcement conduct.
(2)Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
If a death occurs while a person is in custody, this bill would require the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
(1)Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(2)Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
This
If a death occurs while a person is in custody, this bill would require an the agency with jurisdiction over a the state or local correctional facility with custodial responsibility for the person to post specified information, including the facility in which and location within that facility where the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. of the death. If any information regarding the death changes, the bill would also require the agency to update the posting within 30 days of the change. By placing a new duty on local agencies, 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.
Existing
(1)Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(2)Existing law establishes a system of state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law also establishes a system of county and city jails under the jurisdiction of the sheriff or chief of police.
This bill would require an agency with jurisdiction over a state or local correctional facility to post specified information, including the facility in which the death occurred and the decedents age, race, and gender, on its internet website within 10 days after a death occurs while the person was in custody. By placing a new duty on local agencies, 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.
Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(a)When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)(1)Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
(2)If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)(1)Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
(2)If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)The (1)Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
(2)If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
SEC. 3.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The certificate of death shall be divided into two sections:
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison. prison, and the death was precipitated by law enforcement conduct.
(5)Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
SEC. 2.Section 10008 is added to the Penal Code, to read:10008.(a)When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The certificate of death shall be divided into two sections. sections:
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(5)Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
SEC. 2.Section 10008 is added to the Penal Code, to read:10008.(a)An When a person who is in custody dies, the agency with jurisdiction over a the state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody: with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)The full name of the agency. agency with custodial responsibility at the time of death.
(2)The county in which the death occurred.
(3)The facility in which the death occurred occurred, and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The certificate of death shall be divided into two sections.
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(5)Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
SEC. 2.Section 10008 is added to the Penal Code, to read:10008.(a)An agency with jurisdiction over a state or local correctional facility shall post on its internet website all of the following when a death occurs while the person was in custody:
(1)The full name of the agency.
(2)The county in which the death occurred.
(3)The facility in which the death occurred and the location within that facility where the death occurred.
(4)The race, gender, and age of the decedent.
(5)The date on which the death occurred.
(6)The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)The manner and means of death.
(b)The information shall be posted for the public to view on the agencys internet website within 10 days of the date of death.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The certificate of death shall be divided into two sections.
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate shall record the decedents sex to reflect the decedents gender identity as female, male, or nonbinary. The decedents gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a drivers license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedents sex as that which corresponds to the decedents gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedents death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison.
(4)(5)Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph shall not be interpreted to does not require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.
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Date
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Status
|
|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State - Chapter 802, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 8.). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10. Page 5197.). |
| Aug 25, 2022 | Read second time. Ordered to third reading. |
| Aug 24, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11). |
| Aug 8, 2022 | In committee: Referred to suspense file. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 8, 2022 | Referred to Com. on PUB. S. |
| May 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 9.) |
| May 19, 2022 | Read second time. Ordered to third reading. |
| May 4, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 25, 2022 | Re-referred to Com. on APPR. |
| Apr 21, 2022 | Read second time and amended. |
| Apr 20, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 19). |
| Apr 18, 2022 | Re-referred to Com. on PUB. S. |
| Apr 7, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 28, 2022 | Re-referred to Com. on PUB. S. |
| Mar 24, 2022 | Referred to Com. on PUB. S. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
|
Description
|
Location
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Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | AB 2761 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB2761 McCarty By Durazo | Senate Floor |
Passed |
|
| May 26, 2022 | AB 2761 McCarty Assembly Third Reading | Assembly Floor |
Passed |
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