Georgia House of Representatives - 1995/1996 Sessions

HB 508 - Pronouncement of death; authorize coroner or deputy

Page Numbers - 1/ 2

1. Channell  111th        2. Scoggins  24th          3. Heard  89th


House Comm: Judy       /                Senate Comm: Judy       /                                   
House Vote: Yeas 159   Nays 1           Senate Vote: Yeas 50  Nays 0                                
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/31/95  Read 1st Time         2/21/95                                                
              2/1/95   Read 2nd Time         2/5/96                                                 
              2/8/95   Favorably Reported    2/2/96                                                 
                       Committee Amend/Sub   Sub                                                    
              2/20/95  Read 3rd Time         2/7/96                                                 
              2/20/95  Passed/Adopted        2/7/96                                                 
                       Comm/Floor Amend/Sub  CS                                                     
              2/13/96  Amend/Sub Agreed To                                                          
              3/19/96  Sent to Governor                                                             
              4/1/96   Signed by Governor                                                           
              653      Act/Veto Number                                                              
              7/1/96   Effective Date                                                               
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 45-16-25                                                                     


HB 508                                              HB 508/AP

      H. B. No. 508 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Channell of the 111th, Scoggins of the
      24th and Heard of the 89th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 16 of Title 45 of the Official
  1- 2  Code of Georgia Annotated, the "Georgia Death Investigation
  1- 3  Act," so as to provide for pronouncements of death under
  1- 4  certain circumstances by persons other than physicians and
  1- 5  nurses; to repeal conflicting laws; and for other purposes.

  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 7  Article 2 of Chapter 16 of Title 45 of the Official Code of
  1- 8  Georgia Annotated, the "Georgia Death Investigation Act," is
  1- 9  amended by striking subsection (a) of Code Section 45-16-25,
  1-10  relating to duties of the coroner when notified of a death,
  1-11  in its entirety and inserting in its place the following:

  1-12      "(a)(1) Upon receipt of the notice required by Code
  1-13      Section 45-16-24, the coroner or county medical examiner
  1-14      shall immediately take charge of the dead body. If a
  1-15      registered professional nurse authorized to make a
  1-16      pronouncement of death under Code Section 31-10-16 or a
  1-17      qualified physician is not available, a coroner, deputy
  1-18      coroner, or medical examiner's investigator may make a
  1-19      pronouncement of death at the investigation scene if,
  1-20      and only if, one or more of the following conditions is
  1-21      met:

  1-22        (A) The body is in a state of rigor mortis with
  1-23        lividity present;

  1-24        (B) The body is in a state of decomposition evidenced
  1-25        by a component of putrefaction;

  1-26        (C) The body is skeletonized; or

  1-27        (D) Death has been established by qualified emergency
  1-28        medical services personnel.

  1-29      (2) It shall be the duty of a coroner so notified as
  1-30      required by Code Section 45-16-24 to summon a medical
  1-31      examiner and proper peace officer.  It shall be the duty


                             H. B. No. 508
                                 -1- (Index)

                                                   HB 508/AP

  2- 1      of a county medical examiner so notified to summon a
  2- 2      proper peace officer.  When present at the scene of
  2- 3      death, the peace officer shall have jurisdiction over
  2- 4      the scene of death.  The medical examiner or coroner and
  2- 5      the peace officer shall together make inquiries
  2- 6      regarding the cause, manner, and circumstances of death.
  2- 7      If either the peace officer or medical examiner is not
  2- 8      present at the scene of death, then whichever of the two
  2- 9      officers is present shall have jurisdiction over the
  2-10      scene of death.  If neither the peace officer nor the
  2-11      medical examiner is present at the scene of death in any
  2-12      county in which the office of coroner has not been
  2-13      replaced by a county medical examiner, the coroner shall
  2-14      assume the responsibility of such officers at the scene
  2-15      of death and shall have the body transported to a local
  2-16      medical examiner who shall conduct a medical examiner's
  2-17      inquiry.  The medical examiner, at any time when he
  2-18      deems it necessary, may have the body embalmed for
  2-19      preservation or to avoid the threat of infectious
  2-20      disease prior to release of the body to the next of kin.
  2-21      Such expense of embalming shall be paid by the county of
  2-22      the coroner's or medical examiner's jurisdiction."

                         SECTION 2.

  2-23  All laws and parts of laws in conflict with this Act are
  2-24  repealed.





















                             H. B. No. 508
                                 -2- (Index)