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AB-345 Counties: coroners.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 345

Introduced by Assembly Member Pan

February 13, 2013

An act to amend Section 27472 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 345, as introduced, Pan. Counties: coroners.
Existing law authorizes a coroner, upon authorization by the county board of supervisors, to charge and collect the actual expense incurred by the coroner in removing the body from the place of death and keeping the body until its release, from the person entitled to control the disposition of the remains, as specified. Existing law prohibits the charge in cases in which the coroner ascribes the death to the criminal act of another, unless the coroner has reasonable grounds to believe that the deceased was involved in any criminal activity that contributed to his or her own death.
This bill would instead prohibit the charge in cases in which the law enforcement agency investigating the death ascribes the death to the criminal act of another, unless the law enforcement agency investigating the death has reasonable grounds to believe that the deceased was involved in any criminal activity that contributed to his or her own death.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 27472 of the Government Code is amended to read:

27472.
 If authorized by the county board of supervisors by ordinance, the coroner, whenever he or she takes custody of a dead body pursuant to law, may charge and collect from the person entitled to control the disposition of the remains, as specified in Section 7100 of the Health and Safety Code, the actual expense incurred by the coroner in removing the body from the place of death and keeping the body until its release to the person responsible for its interment. The charge shall not exceed one hundred dollars ($100), and shall not be imposed upon a person who claims and proves to be indigent, or in cases in which the body is that of a child not more than 14 years of age, or in cases in which the coroner law enforcement agency investigating the death ascribes the death to the criminal act of another unless the coroner law enforcement agency investigating the death has reasonable grounds to believe that the deceased was involved in any criminal activity which that contributed to his or her own death. The charge shall not include expenses of keeping the body during the time necessary for the coroner to perform his or her duties in connection with it. The charge, if not paid, may be considered a part of the funeral expenses and paid as a preferred charge against the estate of the decedent.