Bill Text

Bill Information

PDF |Add To My Favorites | print page

AB-957 Postmortem photographs.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB957:v95#DOCUMENT

Assembly Bill No. 957
CHAPTER 53

An act to amend Section 129 of the Code of Civil Procedure, relating to courts.

[ Approved by Governor  July 03, 2013. Filed with Secretary of State  July 03, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 957, Wagner. Postmortem photographs.
Existing law prohibits making a copy, reproduction, or facsimile of a photograph, negative, or print of the body of a deceased person taken by, or for, the coroner at the scene of death, or in the course of a post mortem examination or autopsy, except for use in a criminal proceeding that relates to the death of that person or by order of the court for good cause, as specified. This provision does not apply to making a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by any law enforcement agency.
This bill would additionally prohibit the dissemination of a copy, reproduction, or facsimile described above, except as provided. The bill would exclude from application of this provision the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, and by a coroner or any law enforcement agency for investigative purposes, including identification and identification confirmation. The bill would provide that a coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 129 of the Code of Civil Procedure is amended to read:

129.
 (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows:
(1) For use in a criminal action or proceeding in this state that relates to the death of that person.
(2) As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
(b) This section shall not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation.
(c) This section shall apply to a copy, reproduction, or facsimile, and to a photograph, negative, or print, regardless of when it was made.
(d) A coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with this section.