As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 192

Representative Letson 

Cosponsors: Representatives Weddington, Ujvagi, Dodd, Hagan, Luckie, Harwood, Brown 

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A BILL

To enact section 313.061 of the Revised Code to

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require the court in a civil action to tax as a

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cost the amount necessary to reimburse the county

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treasury when the coroner or the coroner's

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physician-employees or forensic investigators are

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called to testify about professional services and

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to provide for the direct payment to physicians

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in private practice who perform autopsies for a

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coroner's office and are similarly called to

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testify.

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

Section 1. That section 313.061 of the Revised Code be	11
enacted to read as follows:	12

Sec. 313.061. Notwithstanding anything to the contrary in	13
section 2335.06 of the Revised Code, when the coroner, another	14
physician, or forensic investigator is deposed or called as a	15
witness in a civil action to testify about professional	16
services, including, but not limited to, autopsies and	17
toxicology interpretations or forensic investigations, performed	18
by or on behalf of the coroner, a fee for testifying shall be	19
taxed as a cost by the court in the civil action. The fee may	20
include time spent preparing for and attending a deposition as	21
well as time spent preparing for and testifying in court.	22
Notwithstanding any other provision in the Revised Code governing	23
the distribution of costs, the court shall award costs as	24
follows:	25

(A) If the body that was the subject of the autopsy was in	26
the charge of the coroner, and the coroner or a physician or	27
forensic investigator who is an employee of that coroner's office	28
is deposed or called as a witness, the court shall award to the	29
treasury of that coroner's county the amount that the board of	30
county commissioners of that county determines to be the	31
approximate amount of the compensation, including fringe	32
benefits, the county paid to the testifying coroner,	33
physician-employee, or forensic investigator for the time absent	34
from county employment to prepare for and attend a deposition or	35
to prepare for and appear as a witness.	36

(B) If a coroner or a physician or forensic investigator who	37
is an employee of a coroner's office performed an autopsy or	38
investigation for a coroner of another county who was in charge	39
of the body that was the subject of the autopsy and	40
investigation, and the performing coroner, physician-employee, or	41
forensic investigator is deposed or called as a witness, the	42
court shall award to the treasury of the county of that	43
performing coroner, physician-employee, or forensic investigator	44
the amount that the board of county commissioners of that county	45
determines to be the approximate amount of the compensation,	46
including fringe benefits, the county paid to the performing	47
coroner, physician-employee, or forensic investigator for the	48
time absent from county employment to prepare for and attend a	49
deposition or to prepare for and appear as a witness.	50

(C) If the coroner contracted with a physician in private	51
practice to perform an autopsy on behalf of the coroner, the court	52
shall award the physician directly the amount necessary to	53
compensate the physician for the physician's time spent to prepare	54
for and appear at a deposition or as a witness.	55

As used in this section, "forensic investigator" means a	56
person who specializes in forensic science, works under the	57
direction of the county coroner, and provides information about the	58
details and circumstances of an investigation to assist the	59
coroner in determining the manner, mode, and cause of death of a	60
deceased individual.	61