Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 708 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1722
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 By: Representative L. Johnson
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING A CORONER'S
                 INVESTIGATION; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING A CORONER'S
                         INVESTIGATION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code  14-15-302 is amended to read as follows:
        14-15-302. Coroner's investigation.
        (a)(1)       A coroner's investigation does not include criminal
 investigation responsibilities. However, the
                 (2)     The coroner shall assist any a law enforcement agency or the
 State Crime Laboratory upon request.
        (b)(1)       A coroner shall be given access to all death scenes in order to
 perform the duties set forth in this subchapter.
                 (2)     A coroner may issue subpoenas as necessary to secure
 pertinent:
                         (A)     Pertinent medical or other records and testimony
 relevant to the determination of the cause and manner of death; and
                         (B)     Antemortem blood, urine, or other biological fluids or
 toxicological samples relevant to the determination of the cause and manner
 of death.
        (c)(1)       A coroner or his or her deputy who has received instruction and
 has been deemed qualified by the State Crime Laboratory to take and handle
 toxicological samples from dead human bodies may do so for the purpose of
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                                                                                      HB1722
 determining the presence of chemical agents that may have contributed to the
 cause of death.
                (2)   Toxicological samples may be taken from dead human bodies in
 those cases in which the coroner is required by law to conduct an
 investigation.
                (3)(A)     The coroner may obtain antemortem blood, urine, or other
 biological fluids or toxicological samples relevant to the determination of
 the cause and manner of death in those cases in which the coroner is required
 by law to conduct an investigation.
                         (B)   A physician, hospital, or other healthcare provider
 may make biological fluids or toxicological samples available to the coroner
 without an authorization, subpoena, or court order.
                (4)   This section shall not be interpreted to require a
 physician, hospital, or other healthcare provider to obtain a toxicological
 sample from a dead human body.
       (d)(1)     A person, institution, or office in this state that makes
 available information or material under this section is not criminally
 liable.
                (2)   A person, institution, or office in this state is not liable
 in tort for compliance with this section.
                (3)   A physician, hospital, or other healthcare provider is not
 civilly or criminally liable for the release to a coroner under this section
 of:
                         (A)   The medical records or other medical information
 related to a dead human body; or
                         (B)   Antemortem blood, urine, or other biological fluids or
 toxicological samples.
       (e)(1)(A)      A preliminary written report of the coroner's investigation
 shall be completed within five (5) working days and shall include a
 pronouncement of death.
                         (B)   If indicated, a subsequent report shall be completed.
                (2)   If the death occurred without medical attendance or was the
 result of a homicide, an accident, or a suicide, then the preliminary written
 report shall include without limitation the following information regarding
 the decedent:
                         (A)   Name;
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                                                                               HB1722
                  (B)   Date of birth or approximate age if unknown;
                  (C)   Sex;
                  (D)   Social security Security number if available;
                  (E)   Home address;
                  (F)   Location where the body was discovered;
                  (G)   Time of death or approximate time if unknown;
                  (H)   Condition of the body, including any recent trauma,
 body temperature, and position;
                  (I)   Any prescribed medications;
                  (J)   Pertinent medical history;
                  (K)   Cause and manner of death;
                  (L)   Photographs or information where photographs may be
 accessed in cases of non-natural deaths and deaths of persons under eighteen
 (18) years of age;
                  (M)   List of all other governmental entities investigating
 the death; and
                  (N)   Disposition of the body.
            (3)   Nothing in this This section shall not limit or otherwise
 restrict the exercise of professional judgment or discretion by a coroner or
 prohibit access to information or testimony necessary to complete a coroner's
 investigation.
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                               APPROVED: 4/14/21
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