Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.
Existing law defines a "forensic autopsy" as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.
This bill would prohibit a coroner, in a county in which the offices of the sheriff and the coroner are combined, from performing an autopsy in a case involving a death that occurs to a person while in the custody of a county sheriff's officer or a death in which a county sheriff's officer is involved. The bill, instead, would require the county to request another county or state agency to conduct an independent medical examination, request a department within the same county to perform an independent medical examination to determine the cause of death, or utilize the services of a 3rd party independent medical examination team to determine the cause of death.
This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.
By imposing new duties on certain counties, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.
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.
Statutes affected: AB 1108: 27522 GOV
02/20/25 - Introduced: 27522 GOV