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Coroner Related Laws

Coroner Related Laws

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Published by justicefornyefrank

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Published by: justicefornyefrank on Dec 31, 2009
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12/31/2009

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Primary duty of Coroner1Notification2Duty to Investigate2Coroner’s Register2Criminal Death2Scene of Death2Personal Effect &3PremisesCustody & Anatomical3DonationsObjections to Autopsy4Cause of Death4Subpoena Power4Medical Records5Unidentified Bodies5Official Information5Disclosure of Medical6InformationConcealing Accidental6DeathSuicide Notes6Request for Inquest6Discovery of Human6Remains
County of Orange
Duties & Responsibilities of Coronerand Related Laws
Government CodeSection 27491
Primary duties of Coroner 
To determine circumstances, manner and cause of the following deaths:Violent, sudden, or unusual deathsUnattended deathsPhysician has not seen the deceased within 20 days prior to deathRelated to or following known or suspected self-induced or criminal abortionKnown or suspected homicideKnown or suspected suicideKnown to suspected accidental poisoningKnown or suspected accident or injury
 ⁄ 
In whole or in part
 ⁄ 
either old or recentDrowningFireHangingGunshotStabbing or cuttingExposureStarvationAcute alcoholismDrug additionStrangulationAspirationSuspected SIDSOccasioned by criminal means
 ⁄ 
in whole or in partAssociated with known or alleged rape or crime against natureIn prison or while under sentenceKnown or suspected contagiousdisease and constituting a public hazardOccupational disease or hazardPatients in mental hospitals operated by State Department of Mental HealthPatients in hospitals serving developmentally disabled and operated by the State Department of Developmental ServicesSuspected criminal act of another 
Any death reported by a physician or other person with knowledge of death for inquiry by the Coroner Signing of death certificate
Unnatural deaths
 ⁄ 
Coroner must sign death certificate
Natural deaths
 ⁄ 
Coroner may determine extent of inquiry
 ⁄ 
Coroner may allow physician of record to sign death certificate
 ⁄ 
physician must have sufficient knowledge to reasonably state the cause was natural Coroner may exhume the bodyIf necessary to carry out theprovisions of this section Coroner must be notified immediately by any person having charge of a body that falls within theprovisions of this section
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Page 2Duties & Responsibilities of Coroner and Related Laws
Health & Safety Code Section 102850Health & Safety Code Section 102855
Coroner must be notified IMMEDIATELY of the following deaths- Coroner has a duty to investigate deaths defined in section 102850-Location of the body
Penal Code 11165.9
-Other information received by the coroner relating to
Reports of suspected child abuse or neglect shall
the death, including any medical information of the
be made by mandated reporters to any police
decedent that is directly related to the death.
department or sheriff’s department.
A violation of this reporting requirement is a misdemeanor!Without medical attendance
Coroner is required to ascertain as many as possible of the facts required by this chapter During the continued absence of attending physicianWhere the physician is unable to state the cause ofdeathWhen suicide is suspectedFollowing an injury or an accidentSuspected as resulting from criminal act of another Any person who does not notify the Coroner as required by this section is guilty a misdemeanor!
Government Code Section 27463
Required information in Coroner’s Register Name & aliases of the deceasedIncluding description for means of identificationRequired information in Coroner’s Register Cause of deathIncluding reference to the medical reports uponwhich the cause of death is based
Narrative of circumstances leading to and
Disposition of the bodysurrounding the death
Persons notified of the deathMust include names and addresses of witnesses
Must include all
Property taken from the person or premises of deathunsuccessful attemptsIncluding property taken by policeDisposition of property taken
Section 27463.5 allows for a file in lieu of a coroner’s register 
Government Code Section 27491.1
Coroner must immediately notify the police when criminal The report shall not include any information contained in death issuspected. Notification must be made by the the decedent’s medical records regarding any other most direct communicationavailable and shall include: person unless that information is relevant and directlyrelated to the decedent’s death.
Name of the deceased
Government Code Section 27491.2
Government Code Sec. 27491.2(a)The Coroner may immediately respond to the scene of death to conduct an investigationMake identificationInquire into the circumstances leading to andsurrounding the deathOrder the body’s removal for further investigationMay release the body to the next-of-kinGov’t Code 27491.2(b)Body may not be disturbed or moved
 
Prior to the arrival of the coroner or without thepermission of the coroner Any violation of this section is a misdemeanor!

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