H.B. 61

1

MEDICAL EXAMINER AUTHORITY
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gary F. Cox
5 This act modifies the Medical Examiner Act. This act requires the medical examiner to
6 assume custody of a body involved in a highway accident in certain circumstances. The act
7 sets forth the conditions under which an autopsy of the body may be performed. This act
8 makes technical and conforming amendments. This act takes effect on July 1, 2001.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 26-4-7, as last amended by Chapter 289, Laws of Utah 1999
12 26-4-13, as enacted by Chapter 126, Laws of Utah 1981
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 26-4-7 is amended to read:
15 26-4-7. Custody by medical examiner.
16 Upon notification under Section 26-4-8 or investigation by the medical examiner's office,
17 the medical examiner shall assume custody of [the] a deceased body [in all deaths that appear to
18 be] if it appears that death was:
19 (1) [deaths] by violence, gunshot, suicide, or accident[, except] unless the accident is a
20 highway [accidents] accident. If the death was from a highway accident, custody shall only be
21 assumed if an autopsy is required h OR PERMITTED h under the provisions of Section 26-4-13 h OR
21a IF REQUESTED BY THE LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE HIGHWAY
21b ACCIDENT h ;
22 (2) sudden death while in apparent good health;
23 (3) unattended deaths, except that an autopsy may only be performed in accordance with
24 the provisions of Subsection 26-4-9 (3);
25 (4) [deaths] under suspicious or unusual circumstances;
26 (5) [deaths] resulting from poisoning or overdose of drugs;
27 (6) [deaths] resulting from diseases that may constitute a threat to the public health;

28 (7) [deaths] resulting from disease, injury, toxic effect, or unusual exertion incurred within
29 the scope of the [deceased's] decedent's employment;
30 (8) [deaths] due to sudden infant death syndrome;
31 (9) [deaths] resulting while the [deceased] decedent was in prison, jail, [in] police custody,
32 [in] the state hospital, or in a detention or medical facility operated for the treatment of the
33 mentally ill [or], emotionally disturbed, or delinquent persons;
34 (10) [deaths] associated with diagnostic [and] or therapeutic procedures; [and] or
35 (11) [deaths] described in this section when request is made to assume custody by a county
36 or district attorney or law enforcement agency in connection with a potential homicide
37 investigation or prosecution.
38 Section 2. Section 26-4-13 is amended to read:
39 26-4-13. Autopsies -- When authorized.
40 (1) [Autopsies shall be performed] The medical examiner shall perform an autopsy to:
41 (a) aid in the discovery and prosecution of [crimes, to] a crime;
42 (b) protect an innocent [persons] person accused of a crime[, to]; and
43 (c) disclose hazards to public health [by communicable diseases, occupational diseases,
44 or by dangerous drugs, chemicals, or foods]. [Autopsies may also be performed]
45 (2) The medical examiner may perform an autopsy:
46 (a) to aid in the administration of civil justice in life and accident insurance problems in
47 accordance with [the provisions of the Workmen's] Title 34A, Chapter 2, Workers' Compensation
48 Act [and];
49 (b) in other cases involving questions of civil liability h [[]. []] [ ; and ] h
50 h [ (c) in the case of a highway accident if:
51 (i) the accident occurred during pursuit by a peace officer;
52 (ii) the accident occurred within the scope of the decedent's employment;
53 (iii) the medical examiner or the medical examiner's designated representative determines
54 the body cannot be identified without examination; or
55 (iv) the law enforcement agency with jurisdiction over the accident and the medical
56 examiner or the medical examiner's designated representative agree:
57 (A) the cause of death is unclear because external evidence of injury is not sufficient to
58 explain the death; or ] h

59 h [ (B) the circumstances regarding the accident or the death are unclear. ] h
60 Section 3. Effective date.
61 This act takes effect on July 1, 2001.




Legislative Review Note
as of 12-15-00 10:26 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel