THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GODSHALL, BENNINGHOFF, BRENNAN, CALTAGIRONE, DENLINGER, FABRIZIO, FRANKEL, GEIST, HARPER, HESS, MILLER, MOUL, PICKETT, PYLE, REICHLEY, SIPTROTH, SOLOBAY AND SWANGER, FEBRUARY 2, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2009  

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, providing for autopsies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 20 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 89

AUTOPSIES

Sec.

8901.  Definitions.

8902.  Preparation of autopsy audiovisual material.

8903.  Confidentiality.

8904.  Penalties.

§ 8901.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Autopsy."  An examination of a body after death to determine

the:

(1)  cause of death; or

(2)  character and extent of changes produced by disease

or injury.

"Autopsy audiovisual material."  Any of the following:

(1)  A photograph of the body of the decedent.

(2)  A video recording of the autopsy.

(3)  An audio recording of the autopsy.

"Law enforcement officer."  The term includes an

investigative and a prosecutorial officer.

"Managerial officer."  As follows:

(1)  For a partnership, a partner.

(2)  For an unincorporated association, an elected

officer.

(3)  For a corporation, an officer.

§ 8902.  Preparation of autopsy audiovisual material.

Autopsy audiovisual material may not be prepared by an

individual unless the individual has the written consent of:

(1)  the physician performing the autopsy; or

(2)  the coroner or medical examiner authorized by law to

perform or order the autopsy.

§ 8903.  Confidentiality.

(a)  General rule.--

(1)  Except as set forth under subsection (b), autopsy

audiovisual material is confidential. Autopsy audiovisual

material may not be released by any of the following:

(i)  The physician, coroner or medical examiner who

performed or ordered the autopsy.

(ii)  An individual who assisted the physician,

coroner or medical examiner under subparagraph (i).

(iii)  An individual who participated in the

preparation of autopsy audiovisual material.

(iv)  The facility where the autopsy was performed.

(2)  Paragraph (1) supersedes the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law.

(b)  Exception.--Subsection (a) does not apply to a release

of autopsy audiovisual material in any of the following

circumstances:

(1)  Pursuant to consent of the decedent or a personal

representative, except that during an investigation by law

enforcement or a coroner, the information shall only be

released in accordance with paragraph (4)(ii) and (iii).

(2)  To a Federal, State or local law enforcement officer

in the performance of official duties.

(3)  To the coroner or medical examiner for use in the

performance of official duties or training.

(4)  To a person pursuant to a court order of public

necessity or, during litigation, pursuant to a court order.

For an order under this paragraph, the following apply:

(i)  There must be notice to the personal

representative of the subject decedent.

(ii)  There must be a hearing.

(iii)  The court must determine, based upon clear and

convincing evidence, all of the following:

(A)  Release of the autopsy audiovisual material

is necessary to protect public health or safety or is

material and relevant to the litigation.

(B)  The necessity under clause (A) overrides the

privacy interest of the decedent and the family of

the decedent.

§ 8904.  Penalties.

(a)  Preparation.--An individual who violates section 8902

(relating to preparation of autopsy audiovisual material)

commits a misdemeanor of the second degree.

(b)  Confidentiality.--A person that violates section 8903

(relating to confidentiality) commits a misdemeanor of the first

degree.

Section 2.  This act shall take effect in 60 days.