26-4-9 - Custody of dead body and personal effects -- Examination of scene of death -- Preservation of body -- Autopsies.
26-4-9. Custody of dead body and personal effects -- Examination of scene of death-- Preservation of body -- Autopsies.
(1) Upon notification of a death under Section 26-4-8, the medical examiner shall assumecustody of the deceased body, clothing on the body, biological samples taken, and any article onor near the body which may aid him in determining the cause of death except those articles whichwill assist the investigative agency to proceed without delay with the investigation. In all cases thescene of the event shall not be disturbed until authorization is given by the senior ranking peaceofficer from the law enforcement agency having jurisdiction of the case and conducting theinvestigation. Where death appears to have occurred under circumstances listed in Section 26-4-7,the person or persons finding or having custody of the body, or jurisdiction over the investigationof the death, shall take reasonable precautions to preserve the body and body fluids so thatminimum deterioration takes place. The body shall not be moved without permission of themedical examiner, district attorney, or county attorney having criminal jurisdiction, or hisauthorized deputy except in cases of affront to public decency or circumstances where it is notpractical to leave the body where found, or in such cases where the cause of death is clearly dueto natural causes. The body can under direction of a licensed physician or the medical examineror his designated representative be moved to a place specified by a funeral director, the attendingphysician, the medical examiner, or his representative.
(2) In the event the body, where referred to the medical examiner, is moved, no cleansingor embalming of the body shall occur without the permission of the medical examiner. Anintentional or knowing violation of this Subsection (2) is a class B misdemeanor.
(3) When the medical examiner assumes lawful custody of a body under Subsection26-4-7(3) solely because the death was unattended, an autopsy shall not be performed unlessrequested by the district attorney, county attorney having criminal jurisdiction, or lawenforcement agency having jurisdiction of the place where the body is found, or a licensedphysician, or a spouse, child, parent or guardian of the deceased, and a licensed physician. Thecounty attorney or district attorney and law enforcement agency having jurisdiction shall consultwith the medical examiner to determine the need for an autopsy. In any such case concerningunattended deaths qualifying as exempt from autopsy, a death certificate may be certified by alicensed physician. In this case the physician may be established as the medical examiner'sdesignated representative. Requested autopsies shall not be performed when the medicalexaminer or his designated representative determines the autopsy to be unnecessary, provided thatan autopsy requested by a district or county attorney or law enforcement agency may only bedetermined to be unnecessary if the cause of death can be ascertained without an autopsy beingperformed.
Amended by Chapter 289, 1999 General Session