As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 471


Representative Setzer 

Cosponsors: Representatives Gibbs, Combs 

A BILL
To amend sections 313.05, 313.10, 313.16, and 325.15 1
and to enact section 313.211 of the Revised Code 2
to change certain powers and duties of coroners, 3
to specify that certain records of a decedent 4
relating to the criminal investigation of the 5
decedent's death are not public records, and to 6
provide supplemental compensation to full-time 7
coroners in counties with a population exceeding 8
175,000 who supervise and coordinate the 9
additional workload involved in performing 10
autopsies under contract for at least ten other 11
counties.12


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

       Section 1. That sections 313.05, 313.10, 313.16, and 325.15 13
be amended and section 313.211 of the Revised Code be enacted to 14
read as follows:15

       Sec. 313.05.  (A)(1) The coroner may appoint, in writing, 16
deputy coroners, who shall be licensed physicians of good standing 17
in their profession, one of whom may be designated as the chief18
deputy coroner. The coroner also may appoint pathologists as19
deputy coroners, who may perform autopsies, make pathological and 20
chemical examinations, and perform other duties as directed by the 21
coroner or recommended by the prosecuting attorney. The coroner 22
may appoint any necessary technicians.23

       The coroner may contract for the services of deputy coroners 24
to aid the coroner in the execution of the coroner's powers and 25
duties. Contracts for the services of deputy coroners are exempt 26
from any competitive bidding requirements of the Revised Code.27

       (2) The coroner may appoint, in writing, one or more28
secretaries and an official stenographer, who shall record the29
testimony of witnesses in attendance upon the coroner's inquest,30
preserve and file properly indexed records of all official31
reports, acts, and communications of the office, and perform other 32
services as required by the coroner.33

        (3) The coroner may appoint clerks, stenographers, 34
custodians, and investigators and shall define their duties.35

       (4) For the performance of their duties, deputy coroners, 36
pathologists serving as deputy coroners, and technicians, 37
stenographers, secretaries, clerks, custodians, and investigators 38
shall receive salaries fixed by the coroner and payable from the 39
county treasury upon the warrant of the county auditor. The 40
compensation shall not exceed, in the aggregate, the amount fixed 41
by the board of county commissioners for the coroner's office.42

       (B) A coroner may appoint, as a deputy coroner, as a 43
pathologist serving as a deputy coroner, or as a technician,44
stenographer, secretary, clerk, custodian, investigator, or other 45
employee a person who is an associate of, or who is employed by, 46
the coroner or a deputy coroner in the private practice of 47
medicine in a partnership, professional association, or other 48
medical business arrangement. A coroner may appoint, as an 49
investigator, a deputy sheriff within the county or a law 50
enforcement officer of a political subdivision located within the 51
county.52

       Sec. 313.10.  (A)(1) Except as otherwise provided in this 53
section, the records of the coroner, including, but not limited 54
to, the detailed descriptions of the observations written during 55
the progress of an autopsy and the conclusions drawn from those 56
observations filed in the office of the coroner under division (A) 57
of section 313.13 of the Revised Code, made personally by the 58
coroner or by anyone acting under the coroner's direction or 59
supervision, are public records. Those records, or transcripts or 60
photostatic copies of them, certified by the coroner shall be 61
received as evidence in any criminal or civil action or proceeding 62
in a court in this state, as to the facts contained in those 63
records. The coroner of the county where a death occurred shall be 64
responsible for the release of all public records relating to that 65
death.66

       (2) Except as otherwise provided in division (D) or (E) of 67
this section, the following records in a coroner's office are not 68
public records:69

        (a) Preliminary autopsy and investigative notes and findings 70
made by the coroner or by anyone acting under the coroner's 71
direction or supervision;72

       (b) Photographs of a decedent made by the coroner or by 73
anyone acting under the coroner's direction or supervision;74

       (c) Suicide notes;75

        (d) Medical and psychiatric records provided to the coroner, 76
a deputy coroner, or a representative of the coroner or a deputy 77
coroner under section 313.091 of the Revised Code;78

       (e) Records of a deceased individual whose death is believed 79
to be related to the actions of another person and believed to 80
result potentially in the filing of criminal charges or the 81
investigation of which remains ongoing or open;82

       (f) Laboratory reports generated from the analysis of 83
physical evidence by the coroner's laboratory that is discoverable 84
under Criminal Rule 16.85

        (3) In the coroner's discretion, photographs of a decedent 86
may be used for medical, legal, or educational purposes.87

        (B) All records in the coroner's office that are public 88
records are open to inspection by the public, and any person may 89
receive a copy of any such record or part of it upon demand in 90
writing, accompanied by payment of a record retrieval and copying91
fee, at the rate of twenty-five cents per page or a minimum fee of 92
one dollar.93

       (C)(1) The coroner shall provide a copy of the full and 94
complete records of the coroner with respect to a decedent to a 95
person who makes a written request as the next of kin of the 96
decedent. The following persons may make a request pursuant to 97
this division as the next of kin of a decedent:98

        (a) The surviving spouse of the decedent;99

        (b) If there is no surviving spouse, or if the surviving 100
spouse has died without having made a request pursuant to this 101
division, any child of the decedent over eighteen years of age, 102
with each child over eighteen years of age having an independent 103
right to make a request pursuant to this division;104

        (c) If there is no surviving spouse or child over eighteen 105
years of age, or if the surviving spouse and all children over 106
eighteen years of age have died without having made a request 107
pursuant to this division, the parents of the decedent, with each 108
parent having an independent right to make a request pursuant to 109
this division;110

       (d) If there is no surviving spouse, child over eighteen 111
years of age, or parents of the decedent, or if all have died 112
without having made a request pursuant to this division, the 113
brothers and sisters of the decedent, whether of the whole or the 114
half blood, with each having an independent right to make a 115
request pursuant to this division.116

       (2) If there is no surviving person who may make a written 117
request as next of kin for a copy of the full and complete records 118
of the coroner pursuant to division (C)(1) of this section, or if 119
all next of kin of the decedent have died without having made a 120
request pursuant to that division, the coroner shall provide a 121
copy of the full and complete records of the coroner with respect 122
to a decedent to the representative of the estate of the decedent 123
who is the subject of the records upon written request made by the 124
representative.125

       (D) A journalist may submit to the coroner a written request 126
to view preliminary autopsy and investigative notes and findings, 127
suicide notes, or photographs of the decedent made by the coroner 128
or by anyone acting under the coroner's discretion or supervision. 129
The request shall include the journalist's name and title and the 130
name and address of the journalist's employer and state that the 131
granting of the request would be in the best interest of the 132
public. If a journalist submits a written request to the coroner 133
to view the records described in this division, the coroner shall 134
grant the journalist's request. The journalist shall not copy the 135
preliminary autopsy and investigative notes and findings, suicide 136
notes, or photographs of the decedent.137

       (E)(1) An insurer may submit to the coroner a written request 138
to obtain a copy of the full and complete records of the coroner 139
with respect to a deceased person. The request shall include the 140
name of the deceased person, the type of policy to which the 141
written request relates, and the name and address of the insurer.142

       (2) If an insurer submits a written request to the coroner to 143
obtain a copy of records pursuant to division (E)(1) of this 144
section, the coroner shall grant that request.145

       (3) Upon the granting of a written request to obtain a copy 146
of records by the coroner, the insurer may utilize the records for 147
the following purposes:148

       (a) To investigate any first party claim or third party claim 149
asserted under a policy of insurance issued by the insurer that 150
arises from the death of the deceased person;151

       (b) To determine coverage for any first party claim or third 152
party claim asserted under a policy of insurance issued by the 153
insurer that arises from the death of the deceased person;154

       (c) To determine the insurer's liability for any first party 155
claim or third party claim asserted under a policy of insurance 156
issued by the insurer that arises from the death of the deceased 157
person.158

       (4) Prior to the delivery of records that are the subject of 159
a request made pursuant to division (E)(1) of this section, the 160
coroner may require the insurer who submitted the written request 161
for the records to provide a payment to the coroner of a record 162
retrieval and copying fee at the rate of twenty-five cents per 163
page or a minimum fee of one dollar. 164

       (5) Any records produced by the coroner in response to a 165
written request under division (E)(1) of this section shall remain 166
in the care, custody, and control of the insurer and its employees 167
or representatives at all times. The insurer may not release or 168
disclose the records to any other person unless any of the 169
following apply:170

       (a) The release of the records is reasonably necessary to 171
further a purpose described in division (E)(3) of this section.172

       (b) A court of competent jurisdiction orders the insurer to 173
produce the records.174

       (c) The insurer is required to produce the records in 175
response to a civil or criminal subpoena.176

       (d) The insurer is responding to a request for the records 177
from a law enforcement agency, the department of insurance or a 178
department of insurance from another state, or another 179
governmental authority.180

       (F) The coroner may contact the decedent's next of kin to 181
inform the next of kin that a journalist or an insurer has 182
submitted a written request pursuant to division (D) or (E) of 183
this section and whether the coroner has granted the journalist's 184
or the insurer's request.185

       (G) As used in this section:186

        (1) "Full and complete records of the coroner" includes, but 187
is not limited to, the following:188

       (a) The detailed descriptions of the observations written by 189
the coroner or by anyone acting under the coroner's direction or 190
supervision during the progress of an autopsy and the conclusions 191
drawn from those observations that are filed in the office of the 192
coroner under division (A) of section 313.13 of the Revised Code;193

       (b) Preliminary autopsy and investigative notes and findings 194
made by the coroner or by anyone acting under the coroner's 195
direction or supervision;196

       (c) Photographs of a decedent made by the coroner or by 197
anyone acting under the coroner's direction or supervision;198

       (d) Suicide notes;199

       (e) Medical and psychiatric records provided to the coroner, 200
a deputy coroner, or a representative of the coroner or a deputy 201
coroner under section 313.091 of the Revised Code.202

       (2) "Insurer" has the same meaning as in section 3901.07 of 203
the Revised Code.204

       (3) "Journalist" has the same meaning as in section 149.43 of 205
the Revised Code.206

       Sec. 313.16.  In counties where no coroner's laboratory has 207
been established or where the coroner's laboratory does not have 208
the equipment or personnel to follow the protocol established by 209
rule of the public health council adopted under section 313.122 of 210
the Revised Code, the coroner may request a coroner of a county in 211
which such a laboratory is established or that has a laboratory212
able to follow the public health council's protocol to perform 213
necessary laboratory examinations, the cost of which shall be no 214
greater than the actual value of the services of technicians and 215
the materials used in performing such examination. Money derived 216
from the fees paid for these examinations shall be kept in a 217
special fund, for the use of the coroner's laboratory, from which218
fund replacements can be made. Such funds shall be used to 219
purchase necessary supplies and equipment for the laboratory and 220
to pay any associated costs incurred in the administration of this 221
section at the coroner's discretion.222

       Sec. 313.211. The coroner may secure, catalog, record, and 223
then destroy any controlled substances found at the scene of an 224
investigation the coroner conducts, if the controlled substances 225
are no longer needed for investigative or scientific purposes.226

       Sec. 325.15.  (A) Each coroner shall be classified, for227
salary purposes, according to the population of the county. All228
coroners shall receive annual compensation in accordance with the229
following schedules and in accordance with section 325.18 of the230
Revised Code:231

CLASSIFICATION AND COMPENSATION SCHEDULE
232

FOR CALENDAR YEAR 2000 FOR
233

CORONERS WITH A PRIVATE PRACTICE
234

Class Population Range Compensation 235

1 1 - 20,000 $16,628 236
2 20,001 - 40,000 18,293 237
3 40,001 - 55,000 20,786 238
4 55,001 - 70,000 23,280 239
5 70,001 - 85,000 25,774 240
6 85,001 - 95,000 31,595 241
7 95,001 - 105,000 34,089 242
8 105,001 - 125,000 36,584 243
9 125,001 - 175,000 39,909 244
10 175,001 - 275,000 42,404 245
11 275,001 - 400,000 49,054 246
12 400,001 - 600,000 52,380 247
13 600,001 - 1,000,000 55,706 248
14 Over 1,000,000 59,032 249

CLASSIFICATION AND COMPENSATION SCHEDULE
250

FOR CALENDAR YEAR 2000 FOR
251

CORONERS WITHOUT A PRIVATE PRACTICE
252

Class Population Range Compensation 253

10 175,001 - 275,000 $95,815 254
11 275,001 - 400,000 95,815 255
12 400,001 - 600,000 95,815 256
13 600,001 - 1,000,000 95,815 257
14 Over 1,000,000 95,815 258

CLASSIFICATION AND COMPENSATION SCHEDULE
259

FOR CALENDAR YEAR 2001 FOR
260

CORONERS WITH A PRIVATE PRACTICE
261

Class Population Range Compensation 262

1 1 - 20,000 $18,842 263
2 20,001 - 35,000 21,410 264
3 35,001 - 55,000 23,978 265
4 55,001 - 95,000 35,112 266
5 95,001 - 200,000 43,676 267
6 200,001 - 400,000 53,951 268
7 400,001 - 1,000,000 60,803 269
8 1,000,001 or more 64,451 270

CLASSIFICATION AND COMPENSATION SCHEDULE
271

FOR CALENDAR YEAR 2001 FOR
272

CORONERS WITHOUT A PRIVATE PRACTICE
273

Class Population Range Compensation 274

5 175,001 - 200,000 $98,689 275
6 200,001 - 400,000 98,689 276
7 400,001 - 1,000,000 101,085 277
8 1,000,001 or more 103,480 278

       (B) Each coroner who is the coroner of a county with a 279
population of one hundred seventy-five thousand one or more and 280
who is without a private practice shall receive supplemental 281
compensation equal to twenty-five per cent of the annual salary 282
calculated under division (A) of this section and section 325.18 283
of the Revised Code in each calendar year in which the office of 284
that coroner performs autopsies for at least ten other counties 285
under a contract with those counties. This supplemental 286
compensation shall be paid from the coroner's laboratory fund 287
created in section 313.16 of the Revised Code.288

       (C) A coroner in a county with a population of one hundred 289
seventy-five thousand one or more shall not engage in the private 290
practice of medicine unless, before taking office, the coroner 291
notifies the board of county commissioners of the intention to 292
engage in that private practice.293

       A coroner in a county with a population of one hundred294
seventy-five thousand one or more shall elect to engage or not to295
engage in the private practice of medicine before the commencement296
of each new term of office, and a coroner in such a county who297
engages in the private practice of medicine but who intends not to298
engage in the private practice of medicine during the coroner's299
next term of office shall so notify the board of county300
commissioners as specified in this division. For a period of six301
months after taking office, a coroner who elects not to engage in302
the private practice of medicine may engage in the private303
practice of medicine, without any reduction of the salary as304
provided in division (A) of this section and in section 325.18 of305
the Revised Code, for the purpose of concluding the affairs of the306
coroner's private practice of medicine.307

       Section 2. That existing sections 313.05, 313.10, 313.16, and 308
325.15 of the Revised Code are hereby repealed.309