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H. B. No. 523 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Fende, McGregor, J., Szollosi, Yuko
A BILL
To amend section 313.131 and to enact section 313.124
of the Revised Code to require a coroner, deputy
coroner, or pathologist to administer chemical
tests to the blood of a deceased person who died
by suicide or in any suspicious or unusual manner
when the tests are requested and paid for by a
family member of the deceased and to clarify that
the results of the tests are public records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 313.131 be amended and section
313.124 of the Revised Code be enacted to read as follows:
Sec. 313.124. (A) If requested by a family member of a
deceased person, the coroner, deputy coroner, or pathologist shall
administer a chemical test to the blood of the deceased person to
determine the alcohol, drug, or alcohol and drug content of the
blood if both of the following are true:
(1) The coroner, deputy coroner, or pathologist is notified
or determines that the deceased person died by suicide or in a
suspicious or unusual manner.
(2) The full cost of the chemical test is paid for by the
family member making the request.
(B) Division (A) of this section does not authorize the
coroner, deputy coroner, or pathologist to perform an autopsy, and
does not affect the provisions of section 313.131 of the Revised
Code that govern the determination of whether and when an autopsy
is performed.
(C) The results of a chemical test administered pursuant to
division (A) of this section are public records as described in
division (A)(1) of section 313.10 of the Revised Code and shall be
made available to any person for inspection and copying as
described in division (B) of section 313.10 of the Revised Code.
Sec. 313.131. (A) As used in this section:
(1) "Friend" means any person who maintained regular
contact
with the deceased person, and who was familiar with the
deceased
person's activities, health, and religious beliefs at
the time of
the deceased person's death, any person who assumes
custody of the
body for burial, and any person authorized by
written instrument,
executed by the deceased person to make
burial arrangements.
(2) "Relative" means any of the following persons: the
deceased person's surviving spouse, children, parents, or
siblings.
(B) The coroner, deputy coroner, or pathologist shall
perform
an autopsy if, in the opinion of the coroner, or, in his the
coroner's
absence, in the opinion of the deputy coroner, an
autopsy is
necessary, except for certain circumstances provided
for in this
section where a relative or friend of the deceased
person informs
the coroner that an autopsy is contrary to the
deceased person's
religious beliefs, or the coroner otherwise has
reason to believe
that an autopsy is contrary to the deceased
person's religious
beliefs. The coroner has such reason to believe
an autopsy is
contrary to the deceased person's religious beliefs
if a document
signed by the deceased and stating an objection to
an autopsy is
found on the deceased's deceased person or in his
the
deceased person's effects. For the
purposes of this division,
a person is a relative or friend of
the deceased person if the
person presents an affidavit stating
that he the person is a
relative or friend as defined in
division (A) of
this section.
(C)(1) Except as provided in division (F) of this section,
if
a relative or friend of the deceased person informs the
coroner
that an autopsy is contrary to the deceased person's
religious
beliefs, or the coroner otherwise has reason to believe
that an
autopsy is contrary to the deceased person's religious
beliefs,
and the coroner concludes the autopsy is a compelling
public
necessity, no autopsy shall be performed for forty-eight
hours
after the coroner takes charge of the deceased person. An
autopsy
is a compelling public necessity if it is necessary to
the conduct
of an investigation by law enforcement officials of a
homicide or
suspected homicide, or any other criminal
investigation, or is
necessary to establish the cause of the
deceased person's death
for the purpose of protecting against an
immediate and substantial
threat to the public health. During
the forty-eight hour period,
the objecting relative or friend may
file suit to enjoin the
autopsy, and shall give notice of any
such filing to the coroner.
The coroner may seek an order
waiving the forty-eight hour waiting
period. If the coroner
seeks such an order, the court shall give
notice of the coroner's
motion, by telephone if necessary, to the
objecting relative or
friend, or, if none objected, to all of the
deceased person's
relatives whose addresses or telephone numbers
can be obtained
through the exercise of reasonable diligence. The
court may
grant the coroner's motion if the court determines that
no friend
or relative of the deceased person objects to the
autopsy or if
the court is satisfied that any objections of a
friend or
relative have been heard, and if it also determines that
the
delay may prejudice the accuracy of the autopsy, or if law
enforcement officials are investigating the deceased person's
death as a homicide and suspect the objecting party committed the
homicide or aided or abetted in the homicide. If no friend or
relative files suit within the forty-eight hour period, the
coroner may proceed with the autopsy.
(2) The court shall hear a petition to enjoin an autopsy
within forty-eight hours after the filing of the petition. The
Rules of Civil Procedure shall govern all aspects of the
proceedings, except as otherwise provided in division (C)(2) of
this section. The court is not bound by the rules of evidence
Rules of Evidence in
the conduct of the hearing. The court shall
order the autopsy if
the court finds that under the circumstances
the coroner has
demonstrated a need for the autopsy. If the court
enjoins the
autopsy, the coroner shall immediately proceed under
section
313.14 of the Revised Code.
(D)(1) If a relative or friend of the decedent informs the
coroner that an autopsy is contrary to the deceased person's
religious beliefs, or the coroner otherwise has reason to believe
that an autopsy is contrary to the deceased person's religious
beliefs, and the coroner concludes the autopsy is necessary, but
not a compelling public necessity, the coroner may file a
petition
in a court of common pleas seeking a declaratory
judgment
authorizing the autopsy. Upon the filing of the
petition, the
court shall schedule a hearing on the petition, and
shall issue a
summons to the objecting relative or friend, or, if
none objected,
to all of the deceased person's relatives whose
addresses can be
obtained through the exercise of reasonable
diligence. The court
shall hold the hearing no later than
forty-eight hours after the
filing of the petition. The court
shall conduct the hearing in the
manner provided in division
(C)(2) of this section.
(2) Each person claiming to be a relative or friend of the
deceased person shall immediately upon receipt of the summons
file
an affidavit with the court stating the facts upon which the
claim
is based. If the court finds that any person is falsely
representing himself self as a relative or friend of the
deceased
person, the court shall dismiss the person from the action. If
after dismissal no objecting party remains, and the coroner does
not have reason to believe that an autopsy is contrary to the
deceased person's religious beliefs, the court shall dismiss the
action and the coroner may proceed with the autopsy. The court
shall order the autopsy after hearing the petition if the court
finds that under the circumstances the coroner has demonstrated a
need for the autopsy. The court shall waive the payment of all
court costs in the action. If the petition is denied, the
coroner
shall immediately proceed under section 313.14 of the
Revised
Code.
Any autopsy performed pursuant to a court order granting an
autopsy shall be performed using the least intrusive procedure.
(E) For purposes of divisions (B), (C)(1), and (D)(1) of
this
section, any time the friends or relatives of a deceased
person
disagree about whether an autopsy is contrary to the
deceased
person's religious beliefs, the coroner shall consider
only the
information provided to him the coroner by the person
of highest
priority, as determined by which is listed first among the
following:
(1) The deceased person's surviving spouse;
(2) An adult son or daughter of the deceased person;
(3) Either parent of the deceased person;
(4) An adult brother or sister of the deceased person;
(5) The guardian of the person of the deceased person at
the
time of death;
(6) A person other than those listed in divisions (E)(1)
to
(5) of this section who is a friend as defined in division (A)
of
this section.
If two or more persons of equal priority disagree about
whether an autopsy is contrary to the deceased person's religious
beliefs, and those persons are also of the highest priority among
those who provide the coroner with information the coroner has
reason to believe that an autopsy is contrary to the deceased
person's religious beliefs.
(F)(1) Divisions (C)(1) and (2) of this section do not
apply
in any case involving aggravated murder, suspected
aggravated
murder, murder, suspected murder, manslaughter
offenses, or
suspected manslaughter offenses.
(2) This section does not prohibit the coroner, deputy
coroner, or pathologist from administering a chemical test to the
blood of a deceased person to determine the alcohol, drug, or
alcohol and drug content of the blood, when required by division
(B) of section 313.13 or division (A) of section 313.124 of the
Revised Code, and does not limit the
coroner, deputy coroner, or
pathologist in the performance of his
the coroner's, deputy
coroner's, or pathologist's
duties in administering a chemical
test under that division those divisions.
Section 2. That existing section 313.131 of the Revised Code
is hereby repealed.
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