To enact section 313.061 of the Revised Code to require the court in a civil action to tax as a cost the amount necessary to reimburse the county treasury when the coroner or the coroner's physician-employees or forensic investigators are called to testify about professional services and to provide for the direct payment to physicians in private practice who perform autopsies for a coroner's office and are similarly called to testify.

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

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

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

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

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

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