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        PRIOR PRINTER'S NO. 1408                      PRINTER'S NO. 2633

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1220 Session of 1989


        INTRODUCED BY GAMBLE, FOSTER, DOMBROWSKI, BARLEY, BATTISTO,
           BOYES, BROUJOS, CAPPABIANCA, COLAIZZO, DeLUCA, LAUGHLIN,
           MERRY, NAHILL, NAILOR, NOYE, PRESSMANN, ROBBINS, SCHEETZ AND
           D. W. SNYDER, APRIL 19, 1989

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 17, 1989

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," further providing for
     5     the powers and duties of the coroner; and making an editorial
     6     change.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The act of July 28, 1953 (P.L.723, No.230), known
    10  as the Second Class County Code, is amended by adding a section
    11  to read:
    12     Section 1235.1.  Requests for Examinations and Reports.--(a)
    13  Requests for examinations or other professional services by
    14  other counties or persons may be complied with at the discretion
    15  of the coroner pursuant to guidelines established by the county
    16  commissioners.
    17     (b)  A set of fees and charges for such examinations or
    18  professional services shall be established by the coroner,


     1  subject to approval by the county commissioners, and shall be
     2  accounted for and paid to the county treasurer pursuant to
     3  section 1960. Payment for examinations or professional services
     4  shall be the responsibility of the county or person requesting
     5  such services.
     6     (c)  The coroner may charge and collect a fee of up to one
     7  hundred dollars ($100) for each autopsy report, up to fifty
     8  dollars ($50) for each toxicology report, up to fifty dollars
     9  ($50) for each inquisition or coroner's report and such other
    10  fees as may be established from time to time for other reports
    11  and documents requested by nongovernmental agencies. The fees
    12  collected shall be accounted for and paid to the county
    13  treasurer pursuant to section 1960 and shall be used to defray
    14  the expenses involved in the county complying with the
    15  provisions of the act of March 2, 1988 (P.L.108, No.22),
    16  referred to as the Coroners' Education Board Law.
    17     Section 2.  Sections 1236, 1237, 1238, 1239 and 1243 of the
    18  act are amended to read:
    19     Section 1236.  Coroner's Investigations.--(a)  The coroner
    20  having a view of the body shall investigate the facts and
    21  circumstances concerning deaths which appear to have happened
    22  within the county, regardless where the cause thereof may have
    23  occurred, for the purpose of determining whether or not an
    24  autopsy should be conducted or an inquest thereof shall be had,
    25  in the following cases: [(1) Any sudden, as hereafter defined,
    26  violent or suspicious death, (2) any death wherein no cause of
    27  death is properly certified by a person duly authorized thereof,
    28  (3) any death resulting from a mine accident, as directed by
    29  law, (4) deaths resulting from drownings, cave-ins and
    30  subsidences, (5) any stillbirth, or the death of any baby dying
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     1  within twenty-four hours after its birth, and, in addition
     2  thereto, (6) the death of any prematurely born infant, wherein
     3  the cause of death is not properly certified by a person duly
     4  authorized thereto.
     5     The purpose of the investigation shall be to determine
     6  whether or not there is any reason sufficient to the coroner to
     7  believe that any such death may have resulted from the criminal
     8  acts or criminal neglect of persons other than the deceased,
     9  rather than from natural causes or by suicide.]
    10     (1)  sudden deaths not caused by readily recognizable
    11  disease, or wherein the case of death cannot be properly
    12  certified by a physician on the basis or prior (recent) medical
    13  attendance;
    14     (2)  deaths occurring under suspicious circumstances,
    15  including those where alcohol, drugs or other toxic substances
    16  may have had a direct bearing on the outcome;
    17     (3)  deaths occurring as a result of violence or trauma,
    18  whether apparently homicidal, suicidal or accidental (including,
    19  but not limited to, those due to mechanical, thermal, chemical,
    20  electrical or radiational injury, drowning, cave-ins and
    21  subsidences);
    22     (4)  any death in which trauma, chemical injury, drug
    23  overdose or reaction to drugs or medication or medical
    24  treatment, was a primary or secondary, direct or indirect,
    25  contributory, aggravating or precipitating cause of death;
    26     (5)  operative and peri-operative deaths in which the death
    27  is not readily explainable on the basis of prior disease;
    28     (6)  any death wherein the body is unidentified or unclaimed;
    29     (7)  deaths known or suspected as due to contagious disease
    30  and constituting a public hazard;
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     1     (8)  deaths occurring in prison, a penal institution or while
     2  in the custody of the police;
     3     (9)  deaths of persons whose bodies are to be cremated,
     4  buried at sea or otherwise disposed of so as to be thereafter
     5  unavailable for examination;
     6     (10)  sudden infant death syndrome; and
     7     (11)  stillbirths.
     8     (b)  The purpose of the investigation shall be to determine
     9  the cause of any such death and to determine whether or not
    10  there is sufficient reason for the coroner to believe that any
    11  such death may have resulted from criminal acts or criminal
    12  neglect of persons other than the deceased.
    13     (c)  As part of this investigation the coroner shall
    14  determine the identity of the deceased and notify the next of
    15  kin of the deceased.
    16     Section 1237.  [Inquest; Autopsy; Coroner's Duties;
    17  Records.--If, upon the investigation by the coroner, he shall
    18  not be satisfied thereby that the death resulted from natural
    19  causes or by suicide, he shall proceed to conduct an inquest
    20  upon a view of the body, as provided by law. In the conduct of
    21  the inquest, the coroner may require such an autopsy as may be
    22  necessary, in accordance with law. At the inquest, the coroner's
    23  duty shall be to ascertain the cause of death and whether any
    24  person other than the deceased was criminally responsible
    25  therefor by act or neglect, and if so, the identity of the
    26  person, and any further evidence and witnesses regarding the
    27  crime. The proceedings at the inquest shall be recorded, at the
    28  expense of the county, in a manner to be provided by the county
    29  commissioners, and any salary that may be required for this
    30  purpose shall be fixed by the salary board.] Autopsy; Inquest;
    19890H1220B2633                  - 4 -

     1  Records.--(a)  If, upon investigation, the coroner shall be
     2  unable to determine the cause and manner of death, he shall
     3  perform or order an autopsy on the body.
     4     (b)  If the coroner is unable to determine the cause and
     5  manner of death following the autopsy, he may conduct an inquest
     6  upon a view of the body, as provided by law. At the inquest, the
     7  coroner's duty shall be to ascertain the cause of death, to
     8  determine whether any person other than the deceased was
     9  criminally responsible therefor by act or neglect, and if so,
    10  the identity of the person, and to examine any further evidence
    11  and witnesses regarding the cause of death.
    12     (c)  The proceedings at the inquest shall be recorded, at the
    13  expense of the county, in a manner to be provided by the county
    14  commissioners.
    15     Section 1238.  Sudden Deaths Defined.--The coroner shall
    16  regard any death as sudden if it occurs without prior medical
    17  attendance by a person who may lawfully execute a certificate of
    18  death in this Commonwealth, or if, within twenty-four hours of
    19  death, the decedent was discharged from such medical attendance
    20  or a change of such medical attendance had occurred, or if any
    21  such medical attendance began within twenty-four hours of death
    22  and the medical attendant refuses or is unable to certify the
    23  cause of death. Medical attendance includes hospitalization.
    24     The provisions of this section shall not be construed to
    25  affect the coroner's discretion as to whether or not any death
    26  was suspicious, nor shall they be construed to authorize a
    27  coroner to investigate a sudden death any further than necessary
    28  to [convince him that the death was from natural causes and not
    29  from any criminal act or neglect or another] determine the cause
    30  and manner of death.
    19890H1220B2633                  - 5 -

     1     Section 1239.  Bodies Not to be Moved.--In all cases where
     2  the coroner has jurisdiction to investigate the facts and
     3  circumstances of death, the body and its surroundings shall be
     4  left untouched until the coroner has had a view thereof [and] or
     5  until he shall otherwise direct or authorize, except as may be
     6  otherwise provided by law, or as circumstances may require.
     7  Bodies upon a public thoroughfare or in other places may be
     8  removed so much as is necessary for precaution against traffic
     9  accidents or other serious consequences which might reasonably
    10  be anticipated if they were left intact.
    11     Section 1243.  Power of Subpoena and Attachment.--The coroner
    12  shall have power to issue subpoenas to obtain the attendance of
    13  any person whom it may be necessary to examine as a witness at
    14  any inquest, and to compel attendance by attachment in like
    15  manner and to the same extent as any court of [oyer and terminer
    16  and general jail delivery] common pleas of this Commonwealth may
    17  or can do in cases pending before them, and also to compel in
    18  like manner the production of all papers and other things
    19  relative to such inquest. Such subpoena and attachment shall be
    20  served and executed by the sheriff or by the coroner himself or
    21  his deputy, as the case may require.
    22     Section 3.  The act is amended by adding sections to read:
    23     Section 1243.1.  Inquests; Juries.--(a)  The coroner may at
    24  his discretion summon a jury of six to be selected from the jury
    25  panel in the criminal division, PANELS OF THE court of common     <--
    26  pleas.
    27     (b)  The function of such jury shall be to determine the
    28  manner of death and whether any criminal act or neglect of
    29  persons known or unknown caused such death. Such jury shall be
    30  paid as provided by law as if they were serving the court of
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     1  common pleas.
     2     Section 1250.  Pituitary Glands.--(a)  The coroner performing
     3  an autopsy otherwise authorized by law may remove the pituitary
     4  gland of the decedent and dispose of it pursuant to subsection
     5  (b) if:
     6     (1)  the decedent by his will or other document authorizes
     7  the removal; or
     8     (2)  any of the persons listed in 20 Pa.C.S. § 8602(b)
     9  (relating to persons who may execute an anatomical gift)
    10  authorizes its removal and no person in a higher class, as
    11  provided in 20 Pa.C.S. § 8602(b), overrules the person's
    12  permission.
    13  The pituitary glands may not be removed, as provided for in this
    14  section, if the removal would interfere in any way with an
    15  anatomical gift made pursuant to 20 Pa.C.S. Ch. 86 (relating to
    16  anatomical gifts).
    17     (b)  Pituitary glands removed pursuant to this section shall
    18  be delivered to the National Pituitary Agency for use in
    19  research and manufacturing of hormones necessary for the
    20  physical growth of hypopituitary dwarfs, or to such other agency
    21  or organization for similar purposes as authorized by the
    22  Humanity Gifts Registry.
    23     (c)  Any moneys payable for the delivery of pituitary glands
    24  as provided in subsection (b) may be waived by the coroner. If
    25  such moneys are not waived, the proceeds shall be payable
    26  directly to the county treasury and no officer or employe of the
    27  coroner's office shall receive any compensation for such removal
    28  or disposition except the salaries or fees otherwise payable by
    29  law.
    30     (d)  Nothing in this section shall be construed to prohibit
    19890H1220B2633                  - 7 -

     1  or regulate the removal of pituitary glands when such removal is
     2  deemed necessary for the purposes of the autopsy.
     3     Section 1251.  Anatomical Gifts.--The coroner may order the
     4  removal of parts of a decedent's body for donation purposes in
     5  accordance with 20 Pa.C.S. Ch. 86 (relating to anatomical
     6  gifts).
     7     Section 4.  This act shall take effect in 60 days.
















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