DISCLOSURE OF AUTOPSY PHOTOS S.B. 1289: COMMITTEE SUMMARY






Senate Bill 1289 (as introduced 6-8-04)
Sponsor: Senator Tom George
Committee: Judiciary


Date Completed: 6-7-04

CONTENT
The bill would amend the Public Health Code to specify that the prohibition against publicly displaying an autopsy photograph would not apply if the public display were pursuant to a court order issued upon the request of a law enforcement agency as part of a criminal investigation.


The Code prohibits a person from displaying an autopsy photograph of a deceased human being that identifies the decedent by name, face, or other identifying physical features. The prohibition does not apply if the public display is one of the following:

-- For a purpose directly related to the investigation or prosecution of a criminal case, upon written authorization by the prosecuting attorney having jurisdiction.
-- Authorized by a court for a purpose directly related to the proceedings in a civil case.
-- Required for a health department to carry out its lawful duties.
-- Necessary for legitimate research or teaching of medical, public health, or public safety personnel or students enrolled at a postsecondary educational institution.


The bill would add to that list a public display pursuant to a court order issued upon the request of a law enforcement agency as part of a criminal investigation.


MCL 333.2855a Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.

Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1289/0304