HOUSE BILL NO. 2315 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHARP (37).
5662H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 58.451, 58.720, and 455.543, RSMo, and to enact in lieu thereof four new sections relating to domestic violence.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 58.451, 58.720, and 455.543, RSMo, are repealed and four new 2 sections enacted in lieu thereof, to be known as sections 58.212, 58.451, 58.720, and 455.543, 3 to read as follows: 58.212. 1. Notwithstanding any other provision of law, a copy, reproduction, or 2 facsimile of any kind of a photograph, negative, or print, including instant photographs 3 and video recordings, of the body, or any portion of the body, of a deceased person taken 4 by or for the coroner at the scene of death or in the course of a post-mortem 5 examination or autopsy shall not be made or disseminated except as follows: 6 (1) For use in a criminal action or proceeding in this state that relates to the 7 death of that person; 8 (2) As a court of this state permits by order, after good cause has been shown 9 and after written notification of the request for the court order has been served at least 10 five days before the order is made, upon the prosecuting attorney of the county in which 11 the post-mortem examination or autopsy has been made or caused to be made; 12 (3) As a court of this state permits as provided under section 610.205; 13 (4) For use or potential use in a civil action or proceeding in this state that relates 14 to the death of that person if either of the following applies: 15 (a) A subpoena is issued by a party who is a legal heir or representative of the 16 deceased person in a pending civil action; or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2315 2
17 (b) The coroner receives written authorization from a legal heir, representative, 18 or family member of that person. The written authorization may be provided before the 19 action is filed or while the action is pending. To verify the identity of the legal heir, 20 representative, or family member, the following shall be provided to the coroner: 21 a. A declaration under penalty of perjury that the individual is a legal heir, 22 representative, or family member of the deceased person; 23 b. A valid form of identification; and 24 c. A certified death certificate. 25 2. This section shall not apply to the production or dissemination of a copy, 26 reproduction, or facsimile for use in the field of forensic pathology, in medical or 27 scientific education or research, or by a coroner or any law enforcement agency in the 28 United States for investigative purposes, including identification and identification 29 confirmation. 30 3. This section shall apply to a copy, reproduction, or facsimile, and to a 31 photograph, negative, or print, regardless of when it was made. 32 4. A coroner is not personally liable for monetary damages in a civil action for 33 any act or omission in compliance with this section. 34 5. For the purposes of this section, "family member" means a parent, sibling, or 35 child of the deceased. 58.451. 1. When any person, in any county in which a coroner is required by section 2 58.010, dies and there is reasonable ground to believe that such person died as a result of: 3 (1) Violence by homicide, suicide, or accident; 4 (2) Criminal abortions, including those self-induced; 5 (3) Some unforeseen sudden occurrence and the deceased had not been attended by a 6 physician during the thirty-six-hour period preceding the death; 7 (4) In any unusual or suspicious manner; 8 (5) Any injury or illness while in the custody of the law or while an inmate in a public 9 institution; 10 11 the police, sheriff, law enforcement officer or official, or any person having knowledge of 12 such a death shall immediately notify the coroner of the known facts concerning the time, 13 place, manner and circumstances of the death. If the person who died has an identifiable 14 history of being victimized by domestic violence, as defined in section 455.543, any law 15 enforcement officer or official providing the notification to the coroner shall include 16 information in the notification about such violence. Immediately upon receipt of 17 notification, the coroner or deputy coroner shall take charge of the dead body and fully 18 investigate the essential facts concerning the medical causes of death, including whether by HB 2315 3
19 the act of man, and the manner of death. The coroner or deputy coroner may take the names 20 and addresses of witnesses to the death and shall file this information in the coroner's office. 21 The coroner or deputy coroner shall take possession of all property of value found on the 22 body, making exact inventory of such property on the report and shall direct the return of such 23 property to the person entitled to its custody or possession. The coroner or deputy coroner 24 shall take possession of any object or article which, in the coroner's or the deputy coroner's 25 opinion, may be useful in establishing the cause of death, and deliver it to the prosecuting 26 attorney of the county. 27 2. When a death occurs outside a licensed health care facility, the first licensed 28 medical professional or law enforcement official learning of such death shall immediately 29 contact the county coroner. If the person who died has an identifiable history of being 30 victimized by domestic violence, as defined in section 455.543, any law enforcement 31 officer or official providing the notification to the coroner shall include information in 32 the notification about such violence. Immediately upon receipt of such notification, the 33 coroner or the coroner's deputy shall make the determination if further investigation is 34 necessary, based on information provided by the individual contacting the coroner, and 35 immediately advise such individual of the coroner's intentions. 36 3. Notwithstanding the provisions of subsection 2 of this section to the contrary, when 37 a death occurs under the care of a hospice, no investigation shall be required if the death is 38 certified by the treating physician of the deceased or the medical director of the hospice as a 39 natural death due to disease or diagnosed illness. The hospice shall provide written notice to 40 the coroner within twenty-four hours of the death. 41 4. Upon taking charge of the dead body and before moving the body the coroner shall 42 notify the police department of any city in which the dead body is found, or if the dead body 43 is found in the unincorporated area of a county governed by the provisions of sections 58.451 44 to 58.457, the coroner shall notify the county sheriff or the highway patrol and cause the body 45 to remain unmoved until the police department, sheriff or the highway patrol has inspected 46 the body and the surrounding circumstances and carefully noted the appearance, the condition 47 and position of the body and recorded every fact and circumstance tending to show the cause 48 and manner of death, with the names and addresses of all known witnesses, and shall 49 subscribe the same and make such record a part of the coroner's report. 50 5. In any case of sudden, violent or suspicious death after which the body was buried 51 without any investigation or autopsy, the coroner, upon being advised of such facts, may at 52 the coroner's own discretion request that the prosecuting attorney apply for a court order 53 requiring the body to be exhumed. HB 2315 4
54 6. The coroner may certify the cause of death in any case where death occurred 55 without medical attendance or where an attending physician refuses to sign a certificate of 56 death or when a physician is unavailable to sign a certificate of death. 57 7. When the cause of death is established by the coroner, the coroner shall file a copy 58 of the findings in the coroner's office within thirty days. 59 8. If on view of the dead body and after personal inquiry into the cause and manner of 60 death, the coroner determines that a further examination is necessary in the public interest, the 61 coroner on the coroner's own authority may make or cause to be made an autopsy on the body. 62 The coroner may on the coroner's own authority employ the services of a pathologist, 63 chemist, or other expert to aid in the examination of the body or of substances supposed to 64 have caused or contributed to death, and if the pathologist, chemist, or other expert is not 65 already employed by the city or county for the discharge of such services, the pathologist, 66 chemist, or other expert shall, upon written authorization of the coroner, be allowed 67 reasonable compensation, payable by the city or county, in the manner provided in section 68 58.530. The coroner shall, at the time of the autopsy, record or cause to be recorded each fact 69 and circumstance tending to show the condition of the body and the cause and manner of 70 death. 71 9. If on view of the dead body and after personal inquiry into the cause and manner of 72 death, the coroner considers a further inquiry and examination necessary in the public 73 interest, the coroner shall make out the coroner's warrant directed to the sheriff of the city or 74 county requiring the sheriff forthwith to summon six good and lawful citizens of the county to 75 appear before the coroner, at the time and place expressed in the warrant, and to inquire how 76 and by whom the deceased died. 77 10. (1) When a person is being transferred from one county to another county for 78 medical treatment and such person dies while being transferred, or dies while being treated in 79 the emergency room of the receiving facility the place which the person is determined to be 80 dead shall be considered the place of death and the county coroner or medical examiner of the 81 county from which the person was originally being transferred shall be responsible for 82 determining the cause and manner of death for the Missouri certificate of death. 83 (2) The coroner or medical examiner in the county in which the person is determined 84 to be dead may with authorization of the coroner or medical examiner from the original 85 transferring county, investigate and conduct postmortem examinations at the expense of the 86 coroner or medical examiner from the original transferring county. The coroner or medical 87 examiner from the original transferring county shall be responsible for investigating the 88 circumstances of such and completing the Missouri certificate of death. The certificate of 89 death shall be filed in the county where the deceased was pronounced dead. HB 2315 5
90 (3) Such coroner or medical examiner of the county where a person is determined to 91 be dead shall immediately notify the coroner or medical examiner of the county from which 92 the person was originally being transferred of the death of such person, and shall make 93 available information and records obtained for investigation of the death. 94 (4) If a person does not die while being transferred and is institutionalized as a 95 regularly admitted patient after such transfer and subsequently dies while in such institution, 96 the coroner or medical examiner of the county in which the person is determined to be dead 97 shall immediately notify the coroner or medical examiner of the county from which such 98 person was originally transferred of the death of such person. In such cases, the county in 99 which the deceased was institutionalized shall be considered the place of death. If the manner 100 of death is by homicide, suicide, accident, criminal abortion including those that are self- 101 induced, child fatality, or any unusual or suspicious manner, the investigation of the cause and 102 manner of death shall revert to the county of origin, and this coroner or medical examiner 103 shall be responsible for the Missouri certificate of death. The certificate of death shall be 104 filed in the county where the deceased was pronounced dead. 105 11. There shall not be any statute of limitations or time limits on the cause of death 106 when death is the final result or determined to be caused by homicide, suicide, accident, child 107 fatality, criminal abortion including those self-induced, or any unusual or suspicious manner. 108 The place of death shall be the place in which the person is determined to be dead. The final 109 investigation of death in determining the cause and matter of death shall revert to the county 110 of origin, and the coroner or medical examiner of such county shall be responsible for the 111 Missouri certificate of death. The certificate of death shall be filed in the county where the 112 deceased was pronounced dead. 113 12. Except as provided in subsection 10 of this section, if a person dies in one county 114 and the body is subsequently transferred to another county, for burial or other reasons, the 115 county coroner or medical examiner where the death occurred shall be responsible for the 116 certificate of death and for investigating the cause and manner of the death. 117 13. In performing the duties, the coroner or medical examiner shall comply with 118 sections 58.775 to 58.785 with respect to organ donation. 58.720. 1. When any person dies within a county having a medical examiner as a 2 result of: 3 (1) Violence by homicide, suicide, or accident; 4 (2) Thermal, chemical, electrical, or radiation injury; 5 (3) Criminal abortions, including those self-induced; 6 (4) Disease thought to be of a hazardous and contagious nature or which might 7 constitute a threat to public health; or when any person dies: 8 (a) Suddenly when in apparent good health; HB 2315 6
9 (b) When unattended by a physician, chiropractor, or an accredited Christian Science 10 practitioner, during the period of thirty-six hours immediately preceding his death; 11 (c) While in the custody of the law, or while an inmate in a public institution; 12 (d) In any unusual or suspicious manner; 13 14 the police, sheriff, law enforcement officer or official, or any person having knowledge of 15 such a death shall immediately notify the office of the medical examiner of the known facts 16 concerning the time, place, manner and circumstances of the death. If the person who died 17 has an identifiable history of being victimized by domestic violence, as defined in section 18 455.543, any law enforcement officer or official providing the notification to the coroner 19 shall include information in the notification about such violence. Immediately upon 20 receipt of notification, the medical examiner or his or her designated assistant shall take 21 charge of the dead body and fully investigate the essential facts concerning the medical 22 causes of death. [He] The medical examiner may take the names and addresses of witnesses 23 to the death and shall file this information in his or her office. The medical examiner or his 24 or her designated assistant shall take possession of all property of value found on the body, 25 making exact inventory thereof on his or her report and shall direct the return of such 26 property to the person entitled to its custody or possession. The medical examiner or his or 27 her designated assistant [examiner] shall take possession of any object or article which, in his 28 or her opinion, may be useful in establishing the cause of death, and deliver it to the 29 prosecuting attorney of the county. 30 2. When a death occurs outside a licensed health care facility, the first licensed 31 medical professional or law enforcement official learning of such death shall contact the 32 county medical examiner. If the person who died has an identifiable history of being 33 victimized by domestic violence, as defined in section 445.543, any law enforcement 34 officer or official providing the notification to the coroner shall include information in 35 the notification about such violence. Immediately upon receipt of such notification, the 36 medical examiner or the medical examiner's deputy shall make a determination if further 37 investigation is necessary, based on information provided by the individual contacting the 38 medical examiner, and immediately advise such individual of the medical examiner's 39 intentions. 40 3. Notwithstanding the provisions of subsection 2 of this section to the contrary, when 41 a death occurs under the care of a hospice, no investigation shall be required if the death is 42 certified by the treating physician of the deceased or the medical director of the hospice as a 43 natural death due to disease or diagnosed illness. The hospice shall provide written notice to 44 the medical examiner within twenty-four hours of the death. HB 2315 7
45 4. In case of sudden, violent or suspicious death after which the body was buried 46 without any investigation or autopsy, the medical examiner, upon being advised of such facts, 47 may at his or her own discretion request that the prosecuting attorney apply for a court order 48 requiring the body to be exhumed. 49 5. The medical examiner shall certify the cause of death in any case where death 50 occurred without medical attendance or where an attending physician refuses to sign a 51 certificate of death, and may sign a certificate of death in the case of any death. 52 6. When the cause of death is established by the medical examiner, he or she shall file 53 a copy of his findings in his or her office within thirty days after notification of the death. 54 7. (1) When a person is being transferred from one county to another county for 55 medical treatment and such person dies while being transferred, or dies while being treated in 56 the emergency room of the receiving facility, the place which the person is determined to be 57 dead shall be considered the place of death and the county coroner or the medical examiner of 58 the county from which the person was originally being transferred shall be responsible for 59 determining the cause and manner of death for the Missouri certificate of death. 60 (2) The coroner or medical examiner in the county in which the person is determined 61 to be dead may, with authorization of the coroner or medical examiner from the tra