House Introduced Bill 5238

HOUSE BILL No. 5238


     October 7, 1997, Introduced by Rep. Law and referred to the Committee on Health Policy.


        A bill to amend 1953 PA 181, entitled

   "An act relative to investigations in certain instances of the
   causes of death within this state due to violence, negligence or
   other act or omission of a criminal nature or to protect public
   health; to provide for the taking of statements from injured per-
   sons under certain circumstances; to abolish the office of coro-
   ner and to create the office of county medical examiner in cer-
   tain counties; to prescribe the powers and duties of county medi-
   cal examiners; to prescribe penalties for violations of the pro-
   visions of this act; and to prescribe a referendum thereon,"

   by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and

   52.205), section 5 as amended by 1980 PA 401.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1)  County  A COUNTY medical  examiners  EXAMINER

 2    or deputy county medical  examiners  EXAMINER shall  make inves-

 3     tigations as to  INVESTIGATE the cause and manner of death in

 4     all  EACH OF THE FOLLOWING cases:  of persons who have come to

 5     their death 




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 1         (A) THE CASE OF A PERSON WHO HAS DIED by violence.  ; or 

 2         (B) THE CASE OF A PERSON whose death was unexpected.  ; or 

 3         (C) THE CASE OF A PERSON WHO HAS DIED without medical

 4    attendance during the 48 hours  prior to  IMMEDIATELY PRECEDING

 5    the hour of death, unless the attending physician, if any, is

 6    able to determine accurately the cause of death.  ; or 

 7         (D) THE CASE OF A PERSON WHO HAS DIED as the result of an

 8    abortion, whether self-induced or otherwise.

 9         (E) THE CASE OF A PERSON WHO HAS DIED AT THE SCENE OF A

10    FIRE.

11         (2) If  any  A prisoner in  any  A county or city jail dies

12    while  so  imprisoned, the county medical examiner, upon being

13    notified of the death of the prisoner, shall  make an examination

14     upon  EXAMINE the body of the deceased prisoner.

15         Sec. 3.  Any physician and any  A PHYSICIAN, A person in

16    charge of  any  A hospital or institution, or  any  A person who

17     shall have  HAS first knowledge of the death of  any  A person

18    who  shall have  died suddenly, unexpectedly, accidentally, vio-

19    lently,  or  as the result of  any  suspicious circumstances, AT

20    THE SCENE OF A FIRE, or without medical attendance during the 48

21    hours  prior to  IMMEDIATELY PRECEDING the hour of death, unless

22    the attending physician, if any, is able to determine accurately

23    the cause of death, or in any case of death due to what is com-

24    monly known as an abortion, whether self-induced or otherwise,

25    shall notify the county medical examiner or his OR HER deputy

26    immediately of the death.





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 1         Sec. 5.  (1)  When  IF a county medical examiner has notice

 2    that  there has been found within his or her county or district 

 3    the body of a person who  is supposed to have come to his or her

 4     death  MAY HAVE DIED in a manner  as indicated  DESCRIBED in sec-

 5    tion 3 HAS BEEN FOUND WITHIN THE MEDICAL EXAMINER'S GEOGRAPHICAL

 6    JURISDICTION, the COUNTY medical examiner shall take charge of

 7    the body.  , and if, on view of  SUBJECT TO SUBSECTION (3), IF

 8    AFTER EXAMINING the body and  personal inquiry into 

 9    INVESTIGATING the cause and manner of the death  ,  the COUNTY

10    medical examiner considers a further examination necessary,  the

11     county medical examiner or a  HE OR SHE OR HIS OR HER deputy may

12    cause the dead body to be removed to the public morgue.  If the

13    investigation is SOLELY for the reason  only  that the dead

14    person had no medical attendance during 48 hours before the hour

15    of death, and if the dead person had chosen not to have medical

16    attendance because of his or her bona fide held religious convic-

17    tions, removal  shall  IS not  be  required unless there is evi-

18    dence of other conditions  stipulated  DESCRIBED in section 3.

19    If there is no public morgue,  then  the body may be removed to a

20    private morgue  as  DESIGNATED BY the county medical examiner.

21     has designated. 

22         (2) The COUNTY medical examiner may designate a person

23    appointed pursuant to section 1a(2) to take charge of the body,

24    make pertinent inquiry, note the circumstances surrounding the

25    death, and, if considered necessary, cause the body to be trans-

26    ported to the morgue for examination by the COUNTY medical

27    examiner.  The COUNTY medical examiner shall maintain a list of



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 1    persons appointed pursuant to section 1a(2) and their

 2    qualifications which shall be filed with the local law enforce-

 3    ment agencies.  The person appointed pursuant to section 1a(2)

 4    shall not be an agent or employee of  any  A person or funeral

 5    establishment licensed under  Act No. 268 of the Public Acts of

 6     1949, as amended, being sections 338.861 to 338.875 of the

 7     Michigan Compiled Laws  THE OCCUPATIONAL CODE, 1980 PA 299, MCL

 8    339.101 TO 339.2721, receive, directly or indirectly,  any  remu-

 9    neration in connection with the disposition of the body, or make

10    any funeral or burial arrangements without approval of the next

11    of kin, if  they are found  KNOWN, or the person responsible for

12    the funeral expenses.

13         (3) The county medical examiner OR HIS OR HER DESIGNEE SHALL

14    PERFORM AN AUTOPSY UPON THE BODY OF A PERSON WHO DIED AT THE

15    SCENE OF A FIRE.  THE COUNTY MEDICAL EXAMINER may perform or

16    direct to be performed  an autopsy and  ANY OTHER AUTOPSY.  A

17    PERSON PERFORMING AN AUTOPSY UNDER THIS ACT shall carefully

18    reduce or cause to be reduced to writing every fact and circum-

19    stance tending to show the condition of the body and the cause

20    and manner of death,  together with  AND INCLUDE IN THAT WRITING

21    the names and addresses of  any persons  EACH PERSON present at

22    the autopsy.  , which record he or she shall subscribe.  THE

23    PERSON PERFORMING THE AUTOPSY SHALL SUBSCRIBE THE WRITING

24    DESCRIBED IN THIS SUBSECTION.

25         (4)  The  EXCEPT AS PROVIDED IN SUBSECTION (5), THE COUNTY

26    medical examiner shall ascertain the identity of the deceased and

27     notify  immediately AND as compassionately as possible NOTIFY



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 1    the next of kin of the DECEDENT'S death and the location of the

 2    body.  except that such 

 3         (5) THE notification DESCRIBED IN SUBSECTION (4) is not

 4    required if a person from the state police or a county sheriff

 5    department or a township police department or a municipal police

 6    department states to the COUNTY medical examiner that the notifi-

 7    cation has already occurred.  The county medical examiner may

 8    conduct an autopsy if he or she determines that an autopsy rea-

 9    sonably appears to be required pursuant to law.  After the county

10    medical examiner or a deputy or a person from the state police,

11     or  a county sheriff department,  or  a township police

12    department, or a municipal police department has made diligent

13    effort to locate and notify the next of kin,  he or she  THE

14    COUNTY MEDICAL EXAMINER may order and conduct the autopsy with or

15    without the consent of the next of kin of the deceased.

16         (6)  (5)  The county medical examiner or  a  HIS OR HER

17    deputy shall keep a written record of the efforts to locate and

18    notify the next of kin for a period of 1 year from the date of

19    the autopsy.  The county medical examiner shall, after any 

20    AFTER A required examination or autopsy, THE COUNTY MEDICAL

21    EXAMINER SHALL promptly deliver or return the body to relatives

22    or representatives of the deceased.  or, if  IF there are no

23    relatives or representatives OF THE DECEASED known to the COUNTY

24    MEDICAL examiner, he or she may cause the body to be  decently 

25    buried  , except that the medical examiner  PURSUANT TO LAW, BUT

26    may retain, as long as  may be  HE OR SHE DETERMINES necessary,





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 1     any  A portion of the body believed by the COUNTY medical

 2    examiner to be necessary for the detection of  any  A crime.




















































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