CHAPTER 14. COUNTY CORONER
IC 36-2-14
Chapter 14. County Coroner
IC 36-2-14-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-1.5
Child death pathologist
Sec. 1.5. As used in this chapter, "child death pathologist" means
a physician described in IC 16-35-7-3(b).
As added by P.L.225-2007, SEC.10.
IC 36-2-14-2
Residence; term of office
Sec. 2. (a) A county coroner must reside within the county as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The coroner forfeits office if the coroner ceases to be a
resident of the county.
(b) The term of office of the county coroner under Article 6,
Section 2 of the Constitution of the State of Indiana is four (4) years
and continues until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987,
SEC.549.
IC 36-2-14-3
Commission of coroner
Sec. 3. The governor shall commission each county coroner.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-4
Duties as county sheriff
Sec. 4. The coroner shall perform the duties of the county sheriff
only in cases in which the sheriff:
(1) is interested or incapacitated from serving; and
(2) has no chief deputy who may perform his duties.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,
P.L.125, SEC.24.
IC 36-2-14-5
Service of warrant for arrest of county sheriff; custody of jail and
prisoners
Sec. 5. A warrant for the arrest of the county sheriff shall be
served by the coroner or any other person to whom it may be legally
directed. The coroner, who shall commit the sheriff to the county jail,
has custody of the jail and its prisoners during the imprisonment of
the sheriff.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-5.5
Duties of child death pathologist
Sec. 5.5. A child death pathologist shall:
(1) consult with a coroner concerning a death described in
section 6.3(b) of this chapter;
(2) conduct an autopsy of a child as described in sections 6.3(c)
and 6.7(b) of this chapter; and
(3) perform duties described in section 6.7(e) of this chapter.
As added by P.L.225-2007, SEC.11.
IC 36-2-14-6
Investigation of death of person; certificate of death; autopsy
Sec. 6. (a) Whenever the coroner is notified that a person in the
county:
(1) has died from violence;
(2) has died by casualty;
(3) has died when apparently in good health;
(4) has died in an apparently suspicious, unusual, or unnatural
manner; or
(5) has been found dead;
the coroner shall, before the scene of the death is disturbed, notify a
law enforcement agency having jurisdiction in that area. The agency
shall assist the coroner in conducting an investigation of how the
person died and a medical investigation of the cause of death. The
coroner may hold the remains of the decedent until the investigation
of how the person died and the medical investigation of the cause of
death are concluded.
(b) The coroner:
(1) shall file a certificate of death with the county health
department, or, if applicable, a multiple county health
department, of the county in which the individual died, within
seventy-two (72) hours after the completion of the death
investigation;
(2) shall complete the certificate of death utilizing all verifiable
information establishing the time and date of death; and
(3) may file a pending investigation certificate of death before
completing the certificate of death, if necessary.
(c) If this section applies, the body and the scene of death may not
be disturbed until:
(1) the coroner has photographed them in the manner that most
fully discloses how the person died; and
(2) law enforcement and the coroner have finished their initial
assessment of the scene of death.
However, a coroner or law enforcement officer may order a body to
be moved before photographs are taken if the position or location of
the body unduly interferes with activities carried on where the body
is found, but the body may not be moved from the immediate area
and must be moved without substantially destroying or altering the
evidence present.
(d) When acting under this section, if the coroner considers it
necessary to have an autopsy performed, is required to perform an
autopsy under subsection (f), or is requested by the prosecuting
attorney of the county to perform an autopsy, the coroner shall
employ a:
(1) physician certified by the American board of pathology; or
(2) pathology resident acting under the direct supervision of a
physician certified in anatomic pathology by the American
board of pathology;
to perform the autopsy. The physician performing the autopsy shall
be paid a fee of at least fifty dollars ($50) from the county treasury.
(e) If:
(1) at the request of:
(A) the decedent's spouse;
(B) a child of the decedent, if the decedent does not have a
spouse;
(C) a parent of the decedent, if the decedent does not have a
spouse or children;
(D) a brother or sister of the decedent, if the decedent does
not have a spouse, children, or parents; or
(E) a grandparent of the decedent, if the decedent does not
have a spouse, children, parents, brothers, or sisters;
(2) in any death, two (2) or more witnesses who corroborate the
circumstances surrounding death are present; and
(3) two (2) physicians who are licensed to practice medicine in
the state and who have made separate examinations of the
decedent certify the same cause of death in an affidavit within
twenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed with
the circuit court clerk.
(f) A county coroner may not certify the cause of death in the case
of the sudden and unexpected death of a child who is less than three
(3) years old unless an autopsy is performed at county expense.
However, a coroner may certify the cause of death of a child
described in this subsection without the performance of an autopsy
if subsection (e) applies to the death of the child.
(g) After consultation with the law enforcement agency
investigating the death of a decedent, the coroner shall do the
following:
(1) Inform a crematory authority if a person is barred under
IC 23-14-31-26(c) from serving as the authorizing agent with
respect to the cremation of the decedent's body because the
coroner made the determination under IC 23-14-31-26(c)(2) in
connection with the death of the decedent.
(2) Inform a cemetery owner if a person is barred under
IC 23-14-55-2(d) from authorizing the disposition of the body
or cremated remains of the decedent because the coroner made
the determination under IC 23-14-55-2(d)(2) in connection with
the death of the decedent.
(3) Inform a seller of prepaid services or merchandise if a
person's contract is unenforceable under IC 30-2-13-23(b)
because the coroner made the determination under
IC 30-2-13-23(b)(4) in connection with the death of the
decedent.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.39, SEC.2; P.L.106-1986, SEC.2; P.L.339-1987, SEC.1;
P.L.179-2003, SEC.5; P.L.102-2007, SEC.5; P.L.157-2007, SEC.3;
P.L.225-2007, SEC.12.
IC 36-2-14-6.3
Coroner notification of child deaths; coroner consultation with
child death pathologist; suspicious, unexpected, or unexplained
child deaths; autopsy
Sec. 6.3. (a) A coroner shall immediately notify:
(1) the county office of the department of child services by
using the statewide hotline for the department; and
(2) either:
(A) the local child fatality review team; or
(B) if the county does not have a local child fatality review
team, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of age,
or appears to be less than eighteen (18) years of age and who has
died in an apparently suspicious, unexpected, or unexplained manner.
(b) If a child less than eighteen (18) years of age dies in an
apparently suspicious, unexpected, or unexplained manner, the
coroner shall consult with a child death pathologist to determine
whether an autopsy is necessary. If the coroner and the child death
pathologist disagree over the need for an autopsy, the county
prosecutor shall determine whether an autopsy is necessary. If the
autopsy is considered necessary, a child death pathologist or a
pathology resident acting under the direct supervision of a child
death pathologist shall conduct the autopsy within twenty-four (24)
hours. If the autopsy is not considered necessary, the autopsy shall
not be conducted.
(c) If a child death pathologist and coroner agree under subsection
(b) that an autopsy is necessary, the child death pathologist or a
pathology resident acting under the direct supervision of a child
death pathologist shall conduct the autopsy of the child.
As added by P.L.225-2007, SEC.13. Amended by P.L.131-2009,
SEC.75.
IC 36-2-14-6.5
Duty to make positive identification; manner of positive
identification; exception
Sec. 6.5. (a) As used in this section, "DNA analysis" means an
identification process in which the unique genetic code of an
individual that is carried by the individual's deoxyribonucleic acid
(DNA) is compared to genetic codes carried in DNA found in bodily
substance samples obtained by a law enforcement agency in the
exercise of the law enforcement agency's investigative function.
(b) As used in this section, "immediate family member" means,
with respect to a particular dead person, an individual who is at least
eighteen (18) years of age and who is one (1) of the following:
(1) The dead person's spouse.
(2) The dead person's child.
(3) The dead person's parent.
(4) The dead person's grandparent.
(5) The dead person's sibling.
(c) The coroner shall make a positive identification of a dead
person unless extraordinary circumstances described in subsection
(d) exist. In making a positive identification, the coroner shall
determine the identity of a dead person by one (1) of the following
methods:
(1) Fingerprint identification.
(2) DNA analysis.
(3) Dental record analysis.
(4) Positive identification by at least one (1) of the dead
person's immediate family members if the dead person's body
is in a physical condition that would allow for the dead person
to be reasonably recognized.
(d) For the purposes of subsection (c), extraordinary
circumstances exist if, after a thorough investigation, the coroner
determines that identification of the dead person is not possible
under any of the four (4) methods described in subsection (c).
As added by P.L.157-2007, SEC.4.
IC 36-2-14-6.7
Autopsies of children who may have died of sudden infant death
syndrome; autopsy reports
Sec. 6.7. (a) This section applies to a child who:
(1) died suddenly and unexpectedly;
(2) was less than three (3) years of age at the time of death; and
(3) was in apparent good health before dying.
(b) A child death pathologist or a pathology resident acting under
the direct supervision of a child death pathologist shall conduct an
autopsy of a child described in subsection (a).
(c) A county coroner may not certify the cause of death of a child
described in subsection (a) until an autopsy is performed at county
expense.
(d) The county coroner shall contact the parent or guardian of a
child described in subsection (a) and notify the parent or guardian
that an autopsy will be conducted at county expense.
(e) The child death pathologist shall:
(1) ensure that a tangible summary of the autopsy results is
provided;
(2) provide informational material concerning sudden infant
death syndrome; and
(3) unless the release of autopsy results would jeopardize a law
enforcement investigation, provide notice that a parent or
guardian has the right to receive the preliminary autopsy results;
to the parents or guardian of the child within one (1) week after the
autopsy.
(f) If a parent or guardian of a child described in subsection (a)
requests the autopsy report of the child, the coroner shall provide the
autopsy report to the parent or guardian within thirty (30) days after
the:
(1) request; or
(2) completion of the autopsy report;
whichever is later, at no cost.
(g) A coroner shall notify:
(1) a local child fatality review team; or
(2) if the county does not have a local child fatality review
team, the statewide child fatality review committee;
of the death of a child described in subsection (a).
As added by P.L.225-2007, SEC.14.
IC 36-2-14-7
Examination of witnesses; service of physician; payment
Sec. 7. (a) At an investigation under this chapter, the coroner shall
examine persons wanting to testify and may examine persons he has
summoned by his subpoena. Witnesses shall answer under oath all
questions concerning the death under investigation.
(b) If a physician is required to attend an investigation and make
a post mortem examination, the coroner shall certify this service to
the county executive, which shall order payment for the physician
from the county treasury.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-8
Witness fees
Sec. 8. A witness testifying before a county coroner is entitled to
the same fees as a witness testifying in the circuit court for the
county.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,
P.L.125, SEC.25.
IC 36-2-14-9
Witness testimony
Sec. 9. The testimony of each witness at a coroner's investigation
shall be reduced to writing and signed by him. The coroner shall, by
recognizance in a reasonable sum, bind any witness whose testimony
relates to the trial of a person concerned in the death to give evidence
in court and shall send the written evidence and recognizance of the
witness to the court. The coroner shall commit to the county jail a
witness who refuses to enter into the recognizance required by this
section.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-10
Coroner's verdict and report; autopsy records; confidentiality
Sec. 10. (a) After viewing the body, hearing the evidence, and
making all necessary inquiries, the coroner shall draw up and sign his
verdict on the death under consideration. The coroner shall also
make a written report giving an accurate description of the deceased
person, his name if it can be determined, and the amount of money
and other property found with the body. The verdict and the written
report are subject to inspection and copying under IC 5-14-3-3.
(b) Except as provided in subsections (c), (d), and (e), a
photograph, video recording, or audio recording of an autopsy in the
custody of a medical examiner is declared confidential for purposes
of IC 5-14-3-4(a)(1).
(c) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, the
surviving parents shall have access to the records under this section.
If there is no surviving spouse or parent, an adult child shall have
access to the records.
(d) Upon making a written request, a unit (as defined in
IC 36-1-2-23), the state, an agency of the state, the federal
government, or an agency of the federal government, while in
performance of their official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of
official duties, the identity of the deceased must remain confidential.
(e) The coroner or the coroner's designee having custody of a
photograph, a video recording, or an audio recording of an autopsy
may use or allow the use of the photograph, video recording, or audio
recording of the autopsy for case consultation with a pathologist or
forensic scientist. The coroner or the coroner's designee having
custody of a photograph, a video recording, or an audio recording of
an autopsy may also use or allow the use of the photograph, video
recording, or audio recording for training or educational purposes (as
defined in IC 16-39-7.1-1.5) if all information that identifies the
individual on whom the autopsy was performed is masked or
removed from the photograph, video recording, or audio recording.
For purposes of this subsection, information that identifies an
individual consists of:
(1) the name;
(2) the address;
(3) the Social Security number;
(4) a full view of the face; or
(5) identifying marks on the body that are unrelated to the
medical condition or medical status;
of the deceased individual. A coroner or coroner's designee who
allows the use of autopsy information under this subsection has a
duty to disclose to each person to whom the coroner or coroner's
designee releases it that the information is confidential and may not
be used for a purpose other than the purpose for which it was
originally released. Information disclosed under this subsection is
confidential. A coroner or coroner's designee who fails to disclose
the confidentiality restrictions of this information commits a Class
A misdemeanor.
(f) Except as provided in subsection (e), the coroner or the
coroner's designee having custody of a photograph, a video, or an
audio recording of an autopsy may not permit a person to:
(1) view or copy the photograph or video recording; and
(2) listen to or copy the audio recording;
of an autopsy without a court order.
(g) A court, upon a showing of good cause, may issue an order
authorizing a person to:
(1) view or copy a photograph or video recording; and
(2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations that
the court considers appropriate.
(h) In determining good cause under subsection (g), the court shall
consider:
(1) whether the disclosure is necessary for the public evaluation
of governmental performance;
(2) the seriousness of the intrusion into the family's right to
privacy;
(3) whether the disclosure of the photograph, video recording,
or audio recording is by the least intrusive means available; and
(4) the availability of similar information in other public
records, regardless of form.
(i) In all cases, the viewing, copying, listening to, or other
handling of a photograph, video recording, or audio recording of an
autopsy must be under the direct supervision of the coroner, or the
coroner's designee, who is the custodian of the record.
(j) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to view
or copy a photograph or video recording of an autopsy or a
petition to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy a
photograph or video recording of an autopsy or a petition to
listen to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and heard
at any hearing on the matter.
(k) If there is no surviving spouse, the notice under subsection (j)
must be given to the deceased's parents, and if the deceased has no
living parent, the notice must be given to the adult children of the
deceased.
(l) A coroner or coroner's designee who:
(1) is the custodian of a photograph, a video recording, or an
audio recording of an autopsy; and
(2) knowingly or intentionally violates this section;
commits a Class A misdemeanor.
(m) A person who knowingly or intentionally violates a court
order issued under this section commits a Class A misdemeanor.
(n) A person who:
(1) receives autopsy information under subsection (e); and
(2) knowingly or intentionally uses the information in a manner
other than the specified purpose for which it was released;
commits a Class A misdemeanor.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.4-1994,
SEC.22; P.L.271-2001, SEC.4; P.L.179-2003, SEC.6.
IC 36-2-14-11
Property or money of deceased person subject to coroner's
investigation; found with body or at scene of death; taking
possession; publication; search for person entitled; delivery to
county treasurer or sheriff
Sec. 11. (a) This section applies to money or other personal
property:
(1) owned by a deceased person whose death is subject to a
coroner's investigation; or
(2) found:
(A) on a body; or
(B) at the scene of death.
(b) If money or personal property is not claimed by a person
entitled to them, the coroner shall do the following:
(1) Take possession of the property.
(2) Publish, in accordance with IC 5-3-1, a description of the
deceased and the name of the deceased if known.
(3) Make a reasonable search to find a person who is entitled to
the money or other personal property.
(c) If, after complying with subsection (b), the coroner does not
know of a person entitled to the money, the coroner shall deliver the
money to the county treasurer for deposit in the county general fund.
(d) If, after complying with subsection (b), the coroner does not
know of a person entitled to the personal property other than money
that has an intrinsic value, the coroner shall deliver the personal
property to the sheriff for sale at any auction that the sheriff conducts
under law. The sheriff shall deposit the receipts from the auction of
the personal property in the county general fund.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.45, SEC.11; P.L.141-1992, SEC.1.
IC 36-2-14-12
Repealed
(Repealed by P.L.225-2007, SEC.21.)
IC 36-2-14-12.5
Coroner requests to hospitals for blood or tissue samples
Sec. 12.5. (a) A coroner shall make all reasonable attempts to
promptly identify human remains, including taking the following
steps:
(1) Photograph the human remains before an autopsy is
conducted.
(2) X-ray the human remains.
(3) Photograph items found with the human remains.
(4) Fingerprint the remains, if possible.
(5) Obtain tissue, bone, or hair samples suitable for DNA
typing, if possible.
(6) Collect any other information relevant to identification
efforts.
(b) A coroner may not dispose of unidentified human remains or
take any other action that will materially affect the condition of the
remains until the coroner has taken the steps described in subsection
(a).
(c) If human remains have not been identified after thirty (30)
days, the coroner or other person having custody of the remains shall
request the state police to do the following:
(1) Enter information that may assist in the identification of the
remains into:
(A) the National Crime Information Center (NCIC) data
base; and
(B) any other appropriate data base.
(2) Upload relevant DNA profiles from the remains to the
missing persons data base of the State DNA Index System
(SDIS) and the National DNA Index System (NDIS) after
completion of the DNA analysis and other procedures required
for data base entry.
(d) If unidentified human remains are identified as belonging to
a missing person, the coroner shall:
(1) notify the law enforcement agency handling the missing
persons case that the missing person is deceased; and
(2) instruct the law enforcement agency to make documented
efforts to contact family members of the missing person.
(e) No person may order the cremation of unidentified human
remains.
As added by P.L.92-2007, SEC.6. Amended by P.L.225-2007,
SEC.15.
IC 36-2-14-13
Immunity from civil liability; autopsy
Sec. 13. A person who in good faith orders or performs a medical
examination or autopsy under statutory authority is immune from
civil liability for damages for ordering or performing the examination
or autopsy.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-14
Repealed
(Repealed by P.L.225-2007, SEC.21.)
IC 36-2-14-15
Compensation
Sec. 15. When fixing the compensation of county officers under
this title, the county fiscal body shall fix:
(1) compensation for the coroner as if he is licensed to practice
as a physician in Indiana; and
(2) compensation for the coroner as if he is not licensed to
practice as a physician in Indiana.
The compensation fixed under subdivision (1) must be one and
one-half (1 1/2) times that fixed under subdivision (2). The county
fiscal body shall then determine whether or not the coroner is a
licensed physician and shall fix his compensation in the proper
amount.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-16
Counties over 400,000 population; disposition of unclaimed bodies
Sec. 16. (a) This section applies to each county having a
population of more than four hundred thousand (400,000).
(b) For purposes of this section, a body is unclaimed if:
(1) a person cannot be located to take custody of the body; or
(2) there is a person to take custody of the body, but that person
cannot or will not assume financial responsibility for
disposition of the body.
(c) Except as provided in IC 21-44-2, the coroner may order the
burial or cremation of any unclaimed body left in the coroner's
custody.
(d) If the deceased died without leaving money or other means
necessary to defray the funeral expenses, the coroner may contract
with a funeral director licensed under IC 25-15 to dispose of the
body. The necessary and reasonable expenses for disposing of the
body shall be paid by the county auditor upon the order of the
coroner.
As added by P.L.106-1986, SEC.3. Amended by P.L.3-1990,
SEC.123; P.L.2-2007, SEC.385.
IC 36-2-14-17
Violent or suspicious death of person; failure to notify authorities
of discovery of body or moving body from scene; offenses
Sec. 17. (a) A person who knowingly or intentionally fails to
immediately notify the coroner or a law enforcement agency of the
discovery of the body of a person who:
(1) has died from violence;
(2) has died in an apparently suspicious, unusual, or unnatural
manner; or
(3) has died at less than three (3) years of age;
commits a Class B infraction. However, the failure to immediately
notify under this subsection is a Class A misdemeanor if the person
fails to immediately notify with the intent to hinder a criminal
investigation.
(b) A person who, with the intent to hinder a criminal
investigation and without the permission of the coroner or a law
enforcement officer, knowingly or intentionally alters the scene of
death of a person who has died:
(1) from violence; or
(2) in an apparently suspicious, unusual, or unnatural manner;
commits a Class D felony.
As added by P.L.339-1987, SEC.2. Amended by P.L.225-2007,
SEC.16.
IC 36-2-14-18
Public inspection and copying of information; investigatory
records; copies of autopsy; availability of report
Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when a coroner
investigates a death, the office of the coroner is required to make
available for public inspection and copying the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is
no address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy,
where the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and
the authority under which the decision to remove the body was
made.
(7) The records required to be filed by a coroner under section
6 of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise
be disclosed by a coroner under this section. This prohibition does
not apply to information disclosed in communications in conjunction
with the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances
surrounding the death of an individual who received services from a
division or through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio
recording of the autopsy, to:
(1) the department of child services established by
IC 31-25-1-1, including an office of the department located in
the county where the death occurred;
(2) the statewide child fatality review committee established by
IC 31-33-25-6; or
(3) a county child fatality review team or regional child fatality
review team established under IC 31-33-24-6 by the county or
for the county where the death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 31-9-2-13(d)(1))
and making a determination as to whether the death of the child was
a result of abuse, abandonment, or neglect. An autopsy report made
available under this subsection is confidential and shall not be
disclosed to another individual or agency, unless otherwise
authorized or required by law.
(f) Except as provided in subsection (g), the information required
to be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(g) The prosecuting attorney may petition a circuit or superior
court for an order prohibiting the coroner from publicly disclosing
the information required in subsection (a). The prosecuting attorney
shall serve a copy of the petition on the coroner.
(h) Upon receipt of a copy of the petition described in subsection
(g), the coroner shall keep the information confidential until the court
rules on the petition.
(i) The court shall grant a petition filed under subsection (g) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the
reasons for granting or denying the petition. An order issued under
this subsection must use the least restrictive means and duration
possible when restricting access to the information. Information to
which access is restricted under this subsection is confidential.
(j) Any person may petition the court to modify or terminate an
order issued under subsection (i). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would
not create a significant risk to the criminal investigation of the
death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the
coroner.
(k) Upon receipt of a petition for modification or termination filed
under subsection (j), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party
or upon the court's own motion, the court may close the hearing to
the public.
(l) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would
not create a significant risk to the criminal investigation of the
death;
the court shall modify or terminate its order restricting access to the
information. In ruling on a request under this subsection, the court
shall state the court's reasons for granting or denying the request.
As added by P.L.299-1989, SEC.1. Amended by P.L.4-1994, SEC.23;
P.L.2-1995, SEC.129; P.L.2-1996, SEC.290; P.L.271-2001, SEC.5;
P.L.243-2003, SEC.13; P.L.141-2006, SEC.113; P.L.102-2007,
SEC.6; P.L.157-2007, SEC.5; P.L.225-2007, SEC.17; P.L.3-2008,
SEC.257.
IC 36-2-14-19
Cornea donations
Sec. 19. (a) As used in this section, "cornea" includes corneal
tissue.
(b) As used in this section, "decedent" means a person described
in section 6(a)(1) through 6(a)(5) of this chapter.
(c) As used in this section, "eye bank" means a nonprofit
corporation:
(1) organized under Indiana law;
(2) exempt from federal income taxation under Section 501 of
the Internal Revenue Code; and
(3) whose purposes include obtaining, storing, and distributing
corneas that are to be used for corneal transplants or for other
medical or medical research purposes.
(d) If under section 6(d) of this chapter the coroner requires an
autopsy to be performed upon a decedent, the coroner may authorize
the removal of one (1) or both of the decedent's corneas for donation
to an eye bank for transplantation, if the following conditions exist:
(1) The decedent's corneas are not necessary for successful
completion of the autopsy.
(2) The decedent's corneas are not necessary for use as
evidence.
(3) Removal of the decedent's corneas will not alter the
postmortem facial appearance of the decedent.
(4) A representative of the eye bank, authorized by the trustees
of the eye bank to make requests for corneas, has done the
following:
(A) Within six (6) hours after the time of death, made a
reasonable attempt to:
(i) contact any of the persons listed in the order of priority
specified in IC 29-2-16.1-8; and
(ii) inform the person of the effect of the removal of the
decedent's corneas on the physical appearance of the
decedent.
(B) Submitted to the coroner:
(i) a written request for the donation by the coroner of
corneas of the decedent subject to autopsy under section
6(d) of this chapter; and
(ii) a written certification that corneas donated under this
section are intended to be used only for cornea transplant.
(5) The removal of the corneas and their donation to the eye
bank will not alter a gift made by:
(A) the decedent when alive; or
(B) any of the persons listed in the order of priority specified
in IC 29-2-16.1-8;
to an agency or organization other than the eye bank making the
request for the donation.
(6) The coroner, at the time the removal and donation of a
decedent's corneas is authorized, does not know of any
objection to the removal and donation of the decedent's corneas
made by:
(A) the decedent, as evidenced in a written document
executed by the decedent when alive; or
(B) any of the persons listed in the order of priority specified
in IC 29-2-16.1-8.
(e) A person, including a coroner and an eye bank and the eye
bank's representatives, who exercises reasonable care in complying
with subsection (d)(6) is immune from civil liability arising from
cornea removal and donation allowed under this section.
(f) A person who authorizes the donation of a decedent's corneas
may not be charged for the costs related to the donation. The
recipient of the donation is responsible for the costs related to the
donation.
As added by P.L.36-1993, SEC.6. Amended by P.L.147-2007,
SEC.19.
IC 36-2-14-20
Billing counties for costs of autopsies
Sec. 20. (a) As used in this section, "autopsy" means the external
and surgical internal examination of all body systems of a decedent,
including toxicology and histology.
(b) Except as provided in subsection (b) and IC 4-24-4-1, if an
Indiana resident:
(1) dies in an Indiana county as a result of an incident that
occurred in another Indiana county; and
(2) is the subject of an autopsy performed under the authority
and duties of the county coroner of the county where the death
occurred;
the county coroner shall bill the county in which the incident
occurred for the cost of the autopsy, including the physician fee
under section 6(d) of this chapter.
(c) Except as provided in subsection (b) and IC 4-24-4-1, payment
for the costs of an autopsy requested by a party other than the:
(1) county prosecutor; or
(2) county coroner;
of the county in which the individual died must be made by the party
requesting the autopsy.
(d) This section does not preclude the coroner of a county in
which a death occurs from attempting to recover autopsy costs from
the jurisdiction outside Indiana where the incident that caused the
death occurred.
As added by P.L.271-2001, SEC.6. Amended by P.L.67-2003, SEC.1;
P.L.225-2007, SEC.18.
IC 36-2-14-21
Coroners obtaining decedent's health records; coroners provide
health records to investigative units
Sec. 21. (a) As used in this section, "health records" means
written, electronic, or printed information possessed by a provider
concerning any diagnosis, treatment, or prognosis of the patient. The
term includes mental health records, alcohol and drug abuse records,
and emergency ambulance service records.
(b) As used in this section, "provider" has the meaning set forth
in IC 16-18-2-295(b).
(c) As part of a medical examination or autopsy conducted under
this chapter, a coroner may obtain a copy of the decedent's health
records.
(d) Except as provided in subsection (e), health records obtained
under this section are confidential.
(e) The coroner may provide the health records of a decedent that
were obtained under this section to a prosecuting attorney or law
enforcement agency that is investigating the individual's death.
Health records received from a coroner under this subsection are
confidential.
(f) A person who receives confidential records or information
under this section and knowingly or intentionally discloses the
records or information to an unauthorized person commits a Class A
misdemeanor.
As added by P.L.28-2002, SEC.3. Amended by P.L.1-2007, SEC.240.
IC 36-2-14-22
Providing climate controlled environment
Sec. 22. A coroner shall exercise reasonable care in providing a
climate controlled environment for the purpose of retarding
decomposition of a human body in the coroner's custody.
As added by P.L.58-2007, SEC.1.
IC 36-2-14-22.1
Coroner requests to hospitals for blood or tissue samples
Sec. 22.1. (a) Upon the request of a coroner who is conducting or
will conduct a death investigation on an individual who is admitted
or was admitted to a hospital, the hospital shall provide a sample of
the individual's blood or tissue to the coroner.
(b) A coroner does not need to obtain a warrant to request a blood
or tissue sample under this section.
As added by P.L.225-2007, SEC.19.
IC 36-2-14-22.2
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 36-2-14-22.3
Training courses for coroners and deputy coroners
Sec. 22.3. (a) The coroners training board established by
IC 4-23-6.5-3, in consultation with the Indiana law enforcement
academy, shall create and offer a training course for coroners and
deputy coroners. The training course must include:
(1) at least forty (40) hours of instruction; and
(2) instruction regarding:
(A) death investigation;
(B) crime scenes; and
(C) preservation of evidence at a crime scene for police and
crime lab technicians.
(b) The coroners training board, in consultation with the Indiana
law enforcement academy, shall create and offer an annual training
course for coroners and deputy coroners. The annual training course
must:
(1) include at least eight (8) hours of instruction; and
(2) cover recent developments in:
(A) death investigation;
(B) crime scenes; and
(C) preservation of evidence at a crime scene for police and
crime lab technicians.
(c) In creating the courses under subsections (a) and (b), the
coroners training board shall consult with a pathologist certified by
the American Board of Pathology regarding medical issues that are
a part of the training courses.
(d) All training in the courses offered under subsections (a) and
(b) that involves medical issues must be approved by a pathologist
certified by the American Board of Pathology.
(e) All training in the courses offered under subsections (a) and
(b) that involves crime scenes and evidence preservation must be
approved by a law enforcement officer.
(f) The coroners training board shall issue a coroner or deputy
coroner a certificate upon successful completion of the courses
described in subsections (a) and (b).
As added by P.L.3-2008, SEC.258.
IC 36-2-14-22.4
Organ and tissue procurement
Sec. 22.4. A coroner shall follow the procedures set forth in
IC 29-2-16.1 concerning organ and tissue procurement.
As added by P.L.3-2008, SEC.259.
IC 36-2-14-22.6
Information requests; medicolegal examinations; interference with
postmortem examinations; denial of recovery
Sec. 22.6. (a) Upon request of a procurement organization, a
coroner shall release to the procurement organization the name,
contact information, and available medical and social history of a
decedent whose body is under the jurisdiction of the coroner. If the
decedent's body or part is medically suitable for transplantation,
therapy, research, or education, the coroner shall release postmortem
examination results to the procurement organization. The
procurement organization may make a subsequent disclosure of the
postmortem examination results or other information received from
the coroner only if relevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination by
reviewing all medical records, laboratory test results, x-rays, other
diagnostic results, and other information that any person possesses
about a donor or prospective donor whose body is under the
jurisdiction of the coroner which the coroner determines may be
relevant to the investigation.
(c) A person that has any information requested by a coroner
under subsection (b) shall provide that information as expeditiously
as possible to allow the coroner to conduct the medicolegal
investigation within a period compatible with the preservation of
parts for the purpose of transplantation, therapy, research, or
education.
(d) If an anatomical gift has been or might be made of a part of a
decedent whose body is under the jurisdiction of the coroner and a
postmortem examination is not required, or the coroner determines
that a postmortem examination is required but that the recovery of
the part that is the subject of an anatomical gift will not interfere
with the examination, the coroner and procurement organization shall
cooperate in the timely removal of the part from the decedent for the
purpose of transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under the
jurisdiction of the coroner has been or might be made, but the
coroner, in consultation with a pathologist, initially believes that the
recovery of the part could interfere with the postmortem
investigation into the decedent's cause or manner of death or interfere
with the preservation or collection of evidence, the coroner and
pathologist shall consult with the procurement organization or
physician or technician designated by the procurement organization
about the proposed recovery. After consultation, the coroner may
allow the recovery, delay the recovery, or deny the recovery.
(f) Before the removal procedure, the coroner or designee may
allow recovery by the procurement organization to proceed, or, if the
coroner or designee reasonably believes that the part may be
involved in determining the decedent's cause or manner of death or,
in tissue procurement cases, if the coroner or designee determines
that, for evidentiary purposes, the body must remain undisturbed
prior to autopsy, deny recovery by the procurement organization. The
coroner or designee must be present at the scene before denying the
recovery of a part. When practicable, the coroner and pathologist
shall work with the procurement organization to facilitate removal of
a part following any postmortem examination of the decedent.
(g) If the coroner or designee denies recovery under subsection (e)
or (f), the coroner or designee shall:
(1) explain in a record the specific reasons for not allowing
recovery of the part;
(2) include the specific reasons in the records of the coroner and
forensic pathologist; and
(3) provide a record with the specific reasons to the
procurement organization and the state department of health.
(h) If the coroner or designee allows recovery of a part under
subsection (d), (e), or (f), the procurement organization shall do the
following:
(1) At the request of the coroner or designee and when
practicable, perform diagnostic studies that would aid in
documenting the presence or absence of injuries.
(2) Cause the physician or technician who removes the part to
explain in a signed record the condition of the part, including
the presence or absence of any injuries to the part or any
surrounding tissue or organs.
(3) Provide a copy of the record described in subdivision (2) to
the coroner and the investigating law enforcement agency.
(4) Cause the physician or technician who removes the part to
photograph, collect, preserve, and maintain the appropriate
chain of custody of any evidence that is found during
procurement.
(5) Cause the physician or technician who removes the part to
collect blood and other bodily fluid samples as directed by the
coroner or designee.
(6) Cause the physician or technician who removes the part to,
upon the request of the coroner or designee, photograph, biopsy,
or provide any other information and observations concerning
the part or body that would assist in the postmortem
examination.
(i) If a coroner or designee must:
(1) be present at a removal procedure under subsection (f); or
(2) perform duties at times other than those that are usual and
customary for the coroner or designee to maximize tissue or eye
recovery under IC 29-2-16.1-21(b);
at the request of the coroner or designee, the procurement
organization that requested the recovery of the part shall reimburse
the coroner or designee for the additional costs incurred by the
coroner or designee to comply with subsection (f) or
IC 29-2-16.1-21(b).
As added by P.L.147-2007, SEC.20.
IC 36-2-14-23
Requirement that coroner and deputy coroner complete course;
auditor to withhold pay if course not timely completed; withheld
pay released upon successful completion of course; exception
Sec. 23. (a) Each coroner shall successfully complete the training
course offered under section 22.3(a) of this chapter within six (6)
months after taking office.
(b) Each deputy coroner shall successfully complete the training
course offered under section 22.3(a) of this chapter within one (1)
year after beginning employment with a coroner's office.
(c) Each coroner and each deputy coroner shall successfully
complete the annual training course offered under section 22.3(b) of
this chapter each year after the year in which the coroner or deputy
coroner received the training required by section 22.3(a) of this
chapter.
(d) After a coroner or deputy coroner has:
(1) successfully completed the training course as required under
subsection (a) or (b); and
(2) successfully completed the annual training course as
required under subsection (c);
the coroner or deputy coroner shall present a certificate or other
evidence to the county executive, or in the case of a county that
contains a consolidated city, the city-county council, that the coroner
or deputy coroner has successfully completed the training required
under subsection (a), (b), or (c).
(e) If a coroner or deputy coroner does not present a certificate or
other evidence to the county executive, or in the case of a county that
contains a consolidated city, the city-county council, that the coroner
or deputy coroner has successfully completed the training required
under subsection (a), (b), or (c), the county executive or city-county
council shall order the auditor to withhold the paycheck of the
coroner or deputy coroner until the coroner or deputy coroner
satisfies the respective training requirements under subsections (a),
(b), and (c), unless the county executive or city-county council
adopts a resolution finding that:
(1) the failure of the coroner or deputy coroner to complete the
respective training requirements under subsections (a), (b), and
(c) is the result of unusual circumstances;
(2) the coroner or deputy coroner is making reasonable
progress, under the circumstances, toward completing the
respective training requirements under subsections (a), (b), and
(c); and
(3) in light of the unusual circumstances described in
subdivision (1), withholding the paycheck of the coroner or
deputy coroner would be unjust.
(f) If the county executive or city-county council orders an auditor
to withhold a paycheck under subsection (e) and a coroner or deputy