PRINTER'S NO. 2540
No. 1945 Session of 2003
INTRODUCED BY GODSHALL, ALLEN, BENNINGHOFF, CAPPELLI, CRAHALLA,
CREIGHTON, FRANKEL, GEIST, GOODMAN, GORDNER, HARHAI, HARRIS,
HERSHEY, HUTCHINSON, KELLER, LEWIS, R. MILLER, PAYNE,
RAYMOND, REICHLEY, SATHER, SCHRODER, R. STEVENSON, THOMAS,
TURZAI AND YOUNGBLOOD, SEPTEMBER 8, 2003
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 8, 2003
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for autopsies.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 20 of the Pennsylvania Consolidated
6 Statutes is amended by adding a chapter to read:
7 CHAPTER 89
8 AUTOPSIES
9 Sec.
10 8901. Definitions.
11 8902. Preparation of autopsy audiovisual material.
12 8903. Confidentiality.
13 8904. Penalties.
14 § 8901. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Autopsy." An examination of a body after death to determine
3 the:
4 (1) cause of death; or
5 (2) character and extent of changes produced by disease
6 or injury.
7 "Autopsy audiovisual material." Any of the following:
8 (1) A photograph of the body of the decedent.
9 (2) A video recording of the autopsy.
10 (3) An audio recording of the autopsy.
11 "Law enforcement officer." Includes an investigative and a
12 prosecutorial officer.
13 "Managerial officer." As follows:
14 (1) For a partnership, a partner.
15 (2) For an unincorporated association, an elected
16 officer.
17 (3) For a corporation, an officer.
18 § 8902. Preparation of autopsy audiovisual material.
19 Autopsy audiovisual material may not be prepared by an
20 individual unless the individual has the written consent of:
21 (1) the physician performing the autopsy; or
22 (2) the coroner or medical examiner authorized by law to
23 perform or order the autopsy.
24 § 8903. Confidentiality.
25 (a) General rule.--
26 (1) Except as set forth in subsection (b), autopsy
27 audiovisual material is confidential. Autopsy audiovisual
28 material may not be released by any of the following:
29 (i) The physician, coroner or medical examiner who
30 performed or ordered the autopsy.
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1 (ii) An individual who assisted the physician,
2 coroner or medical examiner under subparagraph (i).
3 (iii) An individual who participated in the
4 preparation of autopsy audiovisual material.
5 (iv) The facility where the autopsy was performed.
6 (2) Paragraph (1) supersedes the act of June 21, 1957
7 (P.L.390, No.212), referred to as the Right-to-Know Law.
8 (b) Exception.--Subsection (a) does not apply to a release
9 of autopsy audiovisual material in any of the following
10 circumstances.
11 (1) Pursuant to consent of the decedent or a personal
12 representative, except that during an investigation by law
13 enforcement or a coroner, the information shall only be
14 released in accordance with paragraph (4)(ii) and (iii).
15 (2) To a Federal, State or local law enforcement officer
16 in the performance of official duties.
17 (3) To the coroner or medical examiner for use in the
18 performance of official duties or training.
19 (4) To a person pursuant to a court order of public
20 necessity or, during litigation, pursuant to a court order.
21 For an order under this paragraph, the following apply:
22 (i) There must be notice to the personal
23 representative of the subject decedent.
24 (ii) There must be a hearing.
25 (iii) The court must determine, based upon clear and
26 convincing evidence, all of the following:
27 (A) Release of the autopsy audiovisual material
28 is necessary to protect public health or safety, or
29 is material and relevant to the litigation.
30 (B) The necessity under subclause (A) overrides
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1 the privacy interest of the decedent and the family
2 of the decedent.
3 § 8904. Penalties.
4 (a) Preparation.--An individual who violates section 8902
5 (relating to preparation of autopsy audiovisual material)
6 commits a misdemeanor of the second degree.
7 (b) Confidentiality.--A person that violates section 8903
8 (relating to confidentiality) commits a misdemeanor of the first
9 degree.
10 Section 2. This act shall take effect in 60 days.
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