1.1 	A bill for an act
1.2 	relating to coroners; modifying and updating the coroner and medical examiners 
1.3 	law; providing criminal penalties;amending Minnesota Statutes 2004, sections 
1.4 	390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.17; 390.21; 390.221; 
1.5 	390.23; 390.25; 390.31, subdivision 1; Minnesota Statutes 2005 Supplement, 
1.6 	section 390.05; proposing coding for new law in Minnesota Statutes, chapter 
1.7 	390; repealing Minnesota Statutes 2004, sections 390.006; 390.06; 390.07; 
1.8 	390.16; 390.19; 390.20; 390.24; 390.31, subdivisions 2, 3; 390.33; 390.34; 
1.9 	390.35; 390.36.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 390.005, is amended to read:
1.12 	390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; 
1.13 	REMOVAL.
1.14 		Subdivision 1.County election Selection of coroner. A coroner shall may be 
1.15 	elected in each county, as prescribed by section  382.01, except as provided in this section
1.16 	or appointed in each county. 
1.17 		Subd. 2.Appointment by resolution. In a county where the office of coroner has 
1.18 	not been abolished, The board of county commissioners may, by resolution, state its 
1.19 	intention to fill the office of coroner by appointment. The resolution must be adopted at 
1.20 	least six months before the end of the term of the incumbent coroner, if elected. After the 
1.21 	resolution is adopted, the board shall fill the office by appointing a person not less than 
1.22 	30 days before the end of the incumbent's term. The appointed coroner shall serve for a 
1.23 	term of office determined by the board beginning upon the expiration of the term of the 
1.24 	incumbent. The term must not be longer than four years.
1.25 	If there is a vacancy in the elected office in the county, the board may by resolution, 
1.26 	state its intention to fill the office by appointment. When the resolution is adopted, the 
2.1 	board shall fill the office by appointment immediately. The coroner shall serve for a term 
2.2 	determined by the board. The term must not be longer than four years.
2.3 		Subd. 2a.Medical examiner. A county medical examiner shall be appointed by the 
2.4 	board of county commissioners. The term must not be longer than four years.
2.5 		Subd. 3.Educational requirements Qualifications. A coroner must have 
2.6 	successfully completed academic courses in pharmacology, surgery, pathology, toxicology, 
2.7 	and physiology. However, if a board of county commissioners determines that the office 
2.8 	of coroner shall not be elective and it cannot appoint any person meeting the educational 
2.9 	qualifications as coroner, the board may:
2.10 	(1) appoint any qualified person, whether or not a resident of the county; or
2.11 	(2) if no qualified person can be found, appoint a person who is serving or has served 
2.12 	as deputy coroner, whether or not a resident of the county. (a) The medical examiner must 
2.13 	be a forensic pathologist who is certified or eligible for certification by the American 
2.14 	Board of Pathology.  The medical examiner is an appointed public official in a system of 
2.15 	death investigation in which the administrative control, the determination of the extent 
2.16 	of the examination, need for autopsy and the filing of the cause and manner of death 
2.17 	information with the state registrar pursuant to section 144.221 are all under the control 
2.18 	of the medical examiner.  
2.19 	(b) The coroner must be a physician with a valid license in good standing under 
2.20 	chapter 147, to practice medicine as defined under section 147.081, subd. 3.  The coroner 
2.21 	is a public official, elected or appointed, whose duty is to make inquiry into deaths in 
2.22 	certain categories, determine the cause and manner of death, and file the information with 
2.23 	the state registrar pursuant to section 144.221.  The coroner must be credentialed by the 
2.24 	American Board of Medicolegal Death Investigation within two years of taking office. 
2.25 	The coroner must obtain additional training in medicolegal death investigation, such as 
2.26 	by the American Board of Medicolegal Death Investigators, within four years of taking 
2.27 	office. The coroner or medical examiner need not be a resident of the county.
2.28 		Subd. 4.Certain incumbents. An incumbent coroner or medical examiner in office 
2.29 	on July 1, 1965 meetsthe effective date of this section is hereby deemed to meet the 
2.30 	qualifications prescribed by this section for the purpose of continuance in, reelection to, 
2.31 	or appointment to the office of coroner until the end of the current term, after which this 
2.32 	statute will apply.
2.33 		Subd. 5.Vacancies, removal. Vacancies in the office of coroner or medical 
2.34 	examiner shall be filled according to sections  375.08 and  382.02, or under subdivision 1. 
2.35 	A The medical examiner or appointed  coroner may be removed from office as provided 
2.36 	by law. by the county board during a term of office for cause shown after a hearing upon 
3.1 	due notice of written charges. The hearing shall be conducted in accordance with that 
3.2 	county's human resources policy.

3.3 	Sec. 2. [390.0065] HENNEPIN COUNTY MEDICAL EXAMINER.
3.4 	Hennepin County shall use the following procedure to select the Hennepin County 
3.5 	medical examiner: The Hennepin County Board shall designate three licensed physicians 
3.6 	who shall constitute a Medical Examiner Board.  One member shall be a dean or professor 
3.7 	of the Department of Pathology of a Class A medical school as designated by the American 
3.8 	Medical Association.  Another member of the board shall be a member of the Minnesota 
3.9 	Society of Pathologists.  The third member shall be designated by the Hennepin County 
3.10 	Medical Association from its membership.  The Medical Examiner Board shall accept 
3.11 	applications for the position of Hennepin County medical examiner when a vacancy exists 
3.12 	in the office.  Applications therefore shall be considered from doctors of medicine who 
3.13 	are:  (1) graduates of a medical school recognized by the American Medical Association 
3.14 	or American Osteopathic Association, (2) members in good standing in the medical 
3.15 	profession, (3) eligible for appointment to the staff of the Hennepin County Medical 
3.16 	Center, and (4) certified or eligible for certification in forensic pathology by the American 
3.17 	Board of Pathology.  The Medical Examiner Board shall review the qualifications of the 
3.18 	applicants and shall rank the applicants deemed qualified for the position and provide 
3.19 	to the county board a report of the seven highest ranked applicants together with their 
3.20 	qualifications.  The county board shall appoint a county medical examiner from those 
3.21 	listed in the report.  The term of the examiner shall continue for four years from the date of 
3.22 	appointment.  Reappointment shall be made at least 90 days prior to the expiration of the 
3.23 	term.  If a vacancy requires a temporary appointment, the board of commissioners shall 
3.24 	appoint a medical doctor on the staff of the county medical examiner's office to assume 
3.25 	the duties of the medical examiner until an appointment can be made in compliance with 
3.26 	the specified selection procedure.  Actual and necessary expenses of the Medical Examiner 
3.27 	Board shall be paid in accordance with sections 471.38 to 471.415.  

3.28 	Sec. 3. Minnesota Statutes 2004, section 390.01, is amended to read:
3.29 	390.01 BOND AND INDEMNIFICATION .
3.30 	Before taking office, the coroner shall post bond to the state in a penal sum set by the 
3.31 	county board, not less than $500 nor more than $10,000. The coroner's bond is subject 
3.32 	to the same conditions in substance as in the bond required by law to be given by the 
3.33 	sheriff, except as to the description of the office. The coroner or medical examiner shall 
3.34 	be included in the bond held by the county for all appointed and elected county officials 
4.1 	and shall be defended and indemnified, pursuant to section 466.07.  The bond and oath of 
4.2 	office shall be recorded and filed with the county recorder.

4.3 	Sec. 4. [390.011] AUTONOMY.
4.4 	The office of the coroner or medical examiner is an independent agency of the 
4.5 	county, subject only to appointment and budgeting by the county board.

4.6 	Sec. 5. [390.012] JURISDICTION.
4.7 	The coroner or medical examiner of the county in which a person dies or is 
4.8 	pronounced dead shall have jurisdiction over the death, regardless of where any injury 
4.9 	that resulted in the death occurred.  The place where death is pronounced is deemed to be 
4.10 	the place where death occurred.  If the place of death is unknown but the dead body is 
4.11 	found in Minnesota, the place where the body is found is considered the place of death.  If 
4.12 	the date of death is unknown, the date the body is found is considered the date of death. 
4.13 	When a death occurs in a moving conveyance and the body is first removed in Minnesota, 
4.14 	documentation of death must be filed in Minnesota and the place of death is considered 
4.15 	the place where the body is first removed from the conveyance.

4.16 	Sec. 6. Minnesota Statutes 2004, section 390.04, is amended to read:
4.17 	390.04 TO ACT WHEN SHERIFF A PARTY TO AN ACTION PROVISION 
4.18 	FOR TRANSFER OF JURISDICTION.
4.19 	When the sheriff is a party to an action or when a party, or a party's agent or 
4.20 	attorney, files with the court administrator of the district court an affidavit stating that the 
4.21 	party believes the sheriff,coroner or medical examiner, because of partiality, prejudice, 
4.22 	consanguinity, or interest, will is  not faithfully able to  perform the sheriff's  coroner or 
4.23 	medical examiner's duties in an action commenced, or about to be commenced, the clerk 
4.24 	shall direct process in the action to the coroner. The coroner shall perform the duties of 
4.25 	the sheriff relative to the action in the same manner required for a sheriff., the coroner or 
4.26 	medical examiner shall have the authority to transfer jurisdiction to another coroner or 
4.27 	medical examiner, as arranged by the county board.

4.28 	Sec. 7. Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:
4.29 	390.05 DEPUTIES MEDICAL EXAMINER OR CORONER STAFF.
4.30 	A The coroner shall or medical examiner may appoint one or more deputies.
4.31 	assistant coroners or assistant medical examiners, as necessary to fulfill the duties of the 
4.32 	office, subject to authorization by the county board.  Such assistants shall have the same 
5.1 	qualifications as a coroner or medical examiner. When the coroner or medical examiner is 
5.2 	absent or unable to act, deputies assistants shall have the same powers and duties and are 
5.3 	subject to the same liabilities as coroners. A deputy shall be appointed in writing. The 
5.4 	oath and appointment shall be recorded with the county recorder. The deputy shall act by 
5.5 	name as deputy coroner and hold office at the same time as the coroner. limitations as the 
5.6 	coroner or medical examiner. The assistants shall be appointed in writing, shall take an 
5.7 	oath that shall be recorded and filed with the county recorder, and shall be included in the 
5.8 	county bond. The assistant shall act by name as assistant coroner or medical examiner and 
5.9 	hold office at the same time as the coroner or medical examiner.
5.10 	A coroner or medical examiner may appoint one or more investigators, with such 
5.11 	qualification as the coroner or medical examiner deems appropriate. Such investigators 
5.12 	shall have the powers and duties that are delegated to them by the coroner or medical 
5.13 	examiner. Unless they are public employees, investigators shall be appointed in writing 
5.14 	and take an oath, shall be included in the county bond, and the oath and appointment shall 
5.15 	be recorded and filed with the county recorder. Subject to authorization of the county 
5.16 	board, assistants may be appointed to the unclassified service and investigators to the 
5.17 	classified service of the county.

5.18 	Sec. 8. [390.061] MORGUE.
5.19 	Every county need not have a morgue, but there must be a system or process for 
5.20 	receiving, storing, and releasing all dead bodies subject to this statute.

5.21 	Sec. 9. Minnesota Statutes 2004, section 390.11, is amended to read:
5.22 	390.11 INVESTIGATIONS AND INQUESTS.
5.23 		Subdivision 1.Deaths requiring inquests and investigations Reports of death.
 5.24 	Except as provided in subdivision 1a, the coroner shall investigate and may conduct 
5.25 	inquests in all human deaths of the following types: All sudden or unexpected deaths 
5.26 	and all deaths that may be due entirely or in part to any factor other than natural disease 
5.27 	processes must be promptly reported to the coroner or medical examiner for evaluation. 
5.28 	Sufficient information must be provided to the coroner or medical examiner.  Reportable 
5.29 	deaths include, but are not limited to:
5.30 	(1) unnatural deaths, including violent deaths, whether apparently homicidal, 
5.31 	suicidal, or accidental, including but not limited to deaths due to thermal, chemical, 
5.32 	electrical, or radiational injury, and deaths due to criminal abortion, whether apparently 
5.33 	self induced or not; arising from homicide, suicide, or accident;
6.1 	(2) deaths due to a fire or associated with burns or chemical, electrical, or radiation 
6.2 	injury;
6.3 	(3) unexplained or unexpected perinatal and postpartum maternal deaths;
6.4 	(2) (4) deaths under suspicious, unusual, or mysterious unexpected circumstances;
6.5 	(3) (5) deaths of persons whose bodies are to be cremated, dissected, buried at sea,
6.6 	or otherwise disposed of so that the bodies will later be unavailable for examination; and
6.7 	(4) (6) deaths of inmates of public institutions and persons in custody of law 
6.8 	enforcement officers who are have not been hospitalized primarily for organic disease and 
6.9 	whose deaths are not of any type referred to in clause (1) or (2).;
6.10 	(7) deaths that occur during, in association with, or as the result of diagnostic, 
6.11 	therapeutic, or anesthetic procedures; 
6.12 	(8) deaths due to culpable neglect;   
6.13 	(9) stillbirths of 20 weeks or longer gestation unattended by a physician;
6.14 	(10) sudden deaths of persons not affected by recognizable disease; 
6.15 	(11) unexpected deaths of persons notwithstanding a history of underlying disease;
6.16 	(12) deaths in which a fracture of a major bone such as a femur, humerus, or tibia 
6.17 	has occurred within the past six months;
6.18 	(13) deaths unattended by a physician occurring outside of a licensed health care 
6.19 	facility or licensed residential hospice program;
6.20 	(14) deaths of persons not seen by their physician within 120 days of demise;
6.21 	(15) deaths of persons occurring in an emergency department;
6.22 	(16) stillbirths or deaths of newborn infants in which there has been maternal use of 
6.23 	or exposure to unprescribed controlled substances including street drugs or in which there 
6.24 	is history or evidence of maternal trauma;
6.25 	(17) unexpected deaths of children;
6.26 	(18) solid organ donors;
6.27 	(19) unidentified bodies;
6.28 	(20) skeletonized remains;
6.29 	(21) deaths occurring within 24 hours of arrival at a health care facility if death 
6.30 	is unexpected; 
6.31 	(22) deaths associated with the decedent??a??a??s employment;
6.32 	(23) deaths of nonregistered hospice patients or patients in nonlicensed hospice 
6.33 	programs; and
6.34 	(24) deaths attributable to acts of terrorism. 
6.35 	The coroner or medical examiner shall determine the extent of the investigation, including 
6.36 	whether additional investigation is needed, jurisdiction is assumed, or an autopsy will 
7.1 	be performed, notwithstanding any other statute.  Such authority shall not be subject to 
7.2 	judicial order or injunction. 
7.3 		Subd. 1a.Commissioner of corrections; investigation of deaths. The 
7.4 	commissioner of corrections may require that all Department of Corrections incarcerated 
7.5 	deaths be reviewed by an independent, contracted, board-certified forensic pathologist.
7.6 	Any county with jurisdiction over a Department of Corrections facility must have a 
7.7 	board-certified forensic pathologist to review all Department of Corrections incarcerated 
7.8 	deaths and autopsy all unnatural, unattended, or unexpected deaths and others as necessary.
7.9 		Subd. 1b.Hospice registration. Each coroner and medical examiner shall establish 
7.10 	a registration policy regarding hospice patients.  If a hospice patient is determined to be 
7.11 	properly preregistered, the coroner or medical examiner may treat the death as attended 
7.12 	by a physician.
7.13 		Subd. 2.Violent or mysterious deaths; Autopsies. The coroner or medical 
7.14 	examiner may conduct order an autopsy, at the coroner or medical examiner's sole 
7.15 	discretion,  in the case of any human death referred to in subdivision 1, clause (1) or (2),
7.16 	when, in the judgment of the coroner judges that or medical examiner the public interest 
7.17 	requireswould be served by an autopsy, except that an autopsy must be conducted in all 
7.18 	unattended inmate deaths that occur in a state correctional facility. The autopsy shall be 
7.19 	performed without unnecessary delay.   A report of the facts developed by the autopsy 
7.20 	and findings of the person performing the autopsy shall be made promptly and filed in 
7.21 	the office of the coroner or medical examiner.  When further investigation is deemed 
7.22 	advisable, a copy of the report shall be delivered to the county attorney.  Every autopsy 
7.23 	performed pursuant to this subdivision shall, whenever practical, be performed in the 
7.24 	county morgue.  Nothing herein shall require the coroner or medical examiner to order an 
7.25 	autopsy upon the body of a deceased person if the person died of known or ascertainable 
7.26 	causes or had been under the care of a licensed physician immediately prior to death or if 
7.27 	the coroner or medical examiner determines the autopsy to be unnecessary.
7.28 	Autopsies performed pursuant to this subdivision may include the removal, 
7.29 	retention, testing, or use of organs, parts of organs, fluids or tissues, at the discretion of 
7.30 	the coroner or medical examiner, when removal, retention, testing, or use may be useful 
7.31 	in determining or confirming the cause of death, mechanism of death, manner of death, 
7.32 	identification of the deceased, presence of disease or injury or preservation of evidence. 
7.33 	Such tissue retained by the coroner or medical examiner pursuant to this subdivision shall 
7.34 	be disposed of in accordance with standard biohazardous hospital and/or surgical material 
7.35 	and does not require specific consent or notification of the legal next of kin.  When 
7.36 	removal, retention, testing, and use of organs, parts of organs, fluids, or tissues is deemed 
8.1 	beneficial, and is done only for research or the advancement of medical knowledge and 
8.2 	progress, written consent or documented oral consent shall be obtained from the legal next 
8.3 	of kin, if any, of the deceased person prior to the removal, retention, testing, or use. 
8.4 		Subd. 2a.Deaths caused by fire; autopsies. The coroner shall conduct an autopsy 
8.5 	in the case of any human death reported to the coroner by the state fire marshal or a chief 
8.6 	officer under section  299F.04, subdivision 5, and apparently caused by fire. 
8.7 		Subd. 3.Other deaths; autopsies; Exhumation; consent disinterment. The 
8.8 	coroner may conduct an autopsy in the case of any human death referred to in subdivision 
8.9 	1, clause (3) or (4), or  medical examiner may exhume any human body and perform 
8.10 	an autopsy on it in the case of any human death referred to in subdivision 1 when the 
8.11 	coroner or medical examiner judges that the public interest requires an autopsy. No 
8.12 	autopsy exhumation shall be conducted unless the surviving spouse, or legal next of kin 
8.13 	if there is no surviving spouse, consents to it, or the district court of the county where the 
8.14 	body is located or buried, upon notice as the court directs, enters an order authorizing an 
8.15 	autopsy or an exhumation and autopsy orders it. Notice of such exhumation shall be given 
8.16 	as directed by the district court. Application for an order may be made by the coroner, 
8.17 	medical examiner, or by the county attorney of the county where the body is located or 
8.18 	buried, and shall be granted upon a showing that the court deems appropriate.
8.19 		Subd. 4.Assistance of medical specialists. If during an investigation the coroner or 
8.20 	medical examiner believes the assistance of pathologists, toxicologists, deputy coroners,
8.21 	laboratory technicians, or other medical, scientific, or forensic experts is necessary to 
8.22 	determine or confirm the cause or manner of death, identification, time of death, or to 
8.23 	address other issues requiring expert opinion, the coroner shall or medical examiner may
8.24 	obtain their assistance.
8.25 		Subd. 5.Inquest. An inquest into a death may be held at the request of the medical 
8.26 	examiner and the county attorney or the coroner and the county attorney.  An inquest is 
8.27 	optional and the coroner or medical examiner may investigate and certify a death without 
8.28 	one.  The coroner or medical examiner and county attorney may decide how to empanel 
8.29 	the inquest.  Inquest records will be made public, but the record and report of the inquest 
8.30 	proceedings may not be used in evidence in any civil action arising out of the death for 
8.31 	which an inquest was ordered. Before an inquest is held, the coroner shall notify the 
8.32 	county attorney to appear and examine witnesses at the inquest.
8.33 	Whenever the decision is made to hold an inquest, the county attorney may issue 
8.34 	subpoenas for witnesses and enforce their attendance.  The persons served with subpoenas 
8.35 	shall be allowed the same compensation and be subject to the same enforcement and 
8.36 	penalties as provided by Rule 22 of the Minnesota Rules of Criminal Procedure.
9.1 		Subd. 6.Records kept by coroner or medical examiner. The coroner or medical 
9.2 	examiner shall keep full and complete records, properly indexed records, giving the name, 
9.3 	if known, of every person whose death is investigated, the place where the body was 
9.4 	found, the date, cause, and manner of death, and all other relevant available information 
9.5 	concerning the death. that the coroner or medical examiner considers pertinent.  These 
9.6 	records are the property of the county and are subject to the Minnesota Data Practices 
9.7 	Act, sections 13.10 and 13.83. These records shall be kept at the coroner??a??a??s or medical 
9.8 	examiner??a??a??s office, unless no storage space is available. They shall then be kept with 
9.9 	official county records and only released in accordance with the Data Practices Act. 
9.10 	Records shall be kept in accordance with section 15.17.
9.11 		Subd. 7.Reports Duty to report. (a) Deaths of the types described in this section 
9.12 	must be promptly reported for investigation to the coroner or medical examiner by the law 
9.13 	enforcement officer, attending physician, health care professional, mortician or funeral 
9.14 	director, person in charge of the public institutions referred to in subdivision 1, or other 
9.15 	person with knowledge of the death. anyone who discovers a deceased person.
9.16 		Subd.7a.Records and other material available to coroner or medical examiner.
 9.17 	(b) For the purposes of this section, health-related records or data on a decedent, Except 
9.18 	for health data defined in section  13.3805, subdivision 1, paragraph (a), clause (2), 
9.19 	health-related records or data on a decedent whose death is being investigated under 
9.20 	this section, whether the records or data are recorded or unrecorded, including but 
9.21 	not limited to those concerning medical, surgical, psychiatric, psychological, or any 
9.22 	other consultation, diagnosis, or treatment, including medical imaging, shall be made 
9.23 	promptly available to the coroner or medical examiner, upon the coroner's or medical 
9.24 	examiner's written request, by a any person, agency, entity, or organization  having 
9.25 	custody of, possession of, access to, or knowledge of the records or data. This provision 
9.26 	includes records and data, whether recorded or unrecorded, including but not limited to, 
9.27 	records and data, including medical imaging, concerning medical, surgical, psychiatric, 
9.28 	psychological, chemical dependency, or any other consultation, diagnosis, or treatment.   In 
9.29 	cases involving a stillborn infant or the death of a fetus or infant less than one year of age, 
9.30 	the prenatal records on the decedent??a??a??s mother shall also be made available promptly to the 
9.31 	coroner or medical examiner. The coroner or medical examiner shall pay the reasonable 
9.32 	costs of copies of records or data so  provided to the coroner under this section. Data 
9.33 	collected or created pursuant to this subdivision relating to any psychiatric, psychological, 
9.34 	or mental health consultation with, diagnosis of, or treatment of the decedent whose 
9.35 	death is being investigated shall remain confidential or protected nonpublic data, except 
9.36 	that the coroner's or medical examiner's final summary report may contain a summary 
10.1 	of, or references to, such data. Where records of a decedent become part of the medical 
10.2 	examiner??a??a??s or coroner??a??a??s file, they are not subject to subpoena or a request for production 
10.3 	directed to the medical examiner or coroner.  Body fluids, slides, tissue, organ specimens, 
10.4 	radiographs, monitor records, video or other recordings, and any other material or article 
10.5 	of diagnostic value obtained from the decedent prior to death, shall be made available to 
10.6 	the coroner or medical examiner upon request.  Notwithstanding the provisions of sections 
10.7 	13.384 and 595.02, the coroner or medical examiner shall have the power to subpoena any 
10.8 	and all documents, records, including medical records, and papers deemed useful in the 
10.9 	investigation of a death.
10.10 		Subd. 7b.Records released by coroner or medical examiner. Records and 
10.11 	reports, including those of autopsies performed, generated, and certified by the coroner or 
10.12 	medical examiner shall be admissible as evidence in any court or grand jury proceeding. 
10.13 	The admissibility of such evidence under this subdivision shall not include statements 
10.14 	made by witnesses or other persons unless otherwise admissible. 
10.15 		Subd. 8.Investigation procedure; coroner or medical examiner in charge of 
10.16 	body. Upon notification of a the death subject toof any person as defined in this section, 
10.17 	the coroner or deputy shall medical examiner staff or their designee may proceed to the 
10.18 	body, take charge of it, and, arrange for transfer of it, when appropriate.  This provision 
10.19 	also applies to bones, body parts, and specimens that may be human remains.  Discovery 
10.20 	of such bones, body parts, and specimens must be promptly reported to the coroner or 
10.21 	medical examiner.  When necessary, the coroner or medical examiner staff may order that 
10.22 	there be no interference with or compromise of the body or the scene of death. In the 
10.23 	event a person is transported to an emergency vehicle or facility and pronounced dead, the 
10.24 	scene of death shall include the original location of the decedent when first discovered to 
10.25 	be ill, unresponsive, or stricken prior to removal by emergency medical personnel.  Any 
10.26 	person violating such an order is guilty of a gross misdemeanor. The coroner or medical 
10.27 	examiner staff shall make inquiry regarding the cause and manner of death and, in cases 
10.28 	that fall under the medical examiner??a??a??s or coroner??a??a??s jurisdiction, prepare written findings 
10.29 	together with the report of death and its circumstances, which shall be filed in the office of 
10.30 	the coroner or medical examiner.
10.31 		Subd. 9.Criminal act report. On coming to believe that the death may have 
10.32 	resulted from a criminal act, The coroner or deputy medical examiner shall deliver a 
10.33 	signedto the county attorney copies of reports or other information created by the 
10.34 	coroner??a??a??s or medical examiner??a??a??s office in any cases of a criminal nature.  When further 
10.35 	investigation is deemed advisable, a copy of the report of investigation, autopsy, or inquest 
10.36 	shall be delivered to the county attorney.
11.1 		Subd. 10.Sudden Infant death. If a child under the age of two years dies suddenly 
11.2 	and unexpectedly under circumstances indicating that the death may have been caused 
11.3 	by sudden infant death syndrome, the coroner, medical examiner, or personal physician 
11.4 	shall notify the child's parents or guardian that an autopsy is essential to establish the 
11.5 	cause of death as sudden infant death syndrome. If an autopsy reveals that sudden infant 
11.6 	death syndrome is the cause of death, that fact must be stated in the autopsy report., the 
11.7 	parents or guardian of the child shall be promptly notified of the cause of death and of the
11.8 	availability of counseling services.
11.9 		Subd. 11.Autopsy fees. The coroner may charge a reasonable fee to a person 
11.10 	requesting an autopsy if the autopsy would not otherwise be conducted under subdivision 
11.11 	1, 2, or 3.
11.12 		Subd. 12.Authorized removal of the brain. If the coroner or medical examiner is 
11.13 	informed by a physician or pathologist that a dead person decedent is suspected of having 
11.14 	had Alzheimer's disease, the coroner shall or medical examiner may authorize the removal 
11.15 	of the brain of the dead person for the purposes of sections  145.131 and  145.132. 

11.16 	Sec. 10. Minnesota Statutes 2004, section 390.111, is amended to read:
11.17 	390.111 EXPENSES AND COMPENSATION.
11.18 	The county board may allowis responsible for the reasonable and necessary 
11.19 	compensation and expenses of the coroner or deputies incurred for telephone tolls, 
11.20 	telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other 
11.21 	expenses incurred solely for the officers' official business under this chapter. medical 
11.22 	examiner, assistants, investigators, and other medical specialists.

11.23 	Sec. 11. Minnesota Statutes 2004, section 390.15, is amended to read:
11.24 	390.15 WITNESSES; FEES.
11.25 	The coroner or medical examiner may issue subpoenas for witnesses, returnable 
11.26 	immediately or at a specified time and place. The persons served with the subpoenas shall 
11.27 	be allowed the fees, the coroner shall enforce their attendance, and they shall be subject 
11.28 	to the penalties provided by statute or the Rules of Criminal Procedure. charge a fee for 
11.29 	cremation approval, duplication of reports, and other administrative functions to recover 
11.30 	reasonable expenses, subject to county board approval.

11.31 	Sec. 12. [390.151] ORGAN AND TISSUE DONATION.
11.32 	The coroner or medical examiner may facilitate donation of organs and tissues in 
11.33 	compliance with the Uniform Anatomical Gift Act, sections 525.921 to 525.9224.

12.1 	Sec. 13. [390.152] CREMATION APPROVAL.
12.2 	After investigating deaths of persons who are to be cremated, the coroner or medical 
12.3 	examiner may give approval for cremation and shall record such approval by either 
12.4 	signing a cremation authorization form, or electronically through the centralized electronic 
12.5 	system for the processing of death records established by the state registrar.  It shall be a 
12.6 	misdemeanor to perform a cremation without such approval.

12.7 	Sec. 14. Minnesota Statutes 2004, section 390.17, is amended to read:
12.8 	390.17 TESTIMONY; FILING.
12.9 	The testimony of a witness examined at an inquest must be put in writing by the 
12.10 	coroner or under the coroner's direction and signed by the witness. The coroner shall then 
12.11 	file the testimony, together with a record of all proceedings, in the office of the court 
12.12 	administrator of the district court of the county. Whenever requested by the county 
12.13 	attorney of the county of the office??a??a??s jurisdiction, the medical examiner or coroner and 
12.14 	staff shall appear and testify before a grand jury and in criminal cases; unless specified 
12.15 	in a contractual agreement, salaried medical examiners or coroners and staff shall testify 
12.16 	without fees or additional compensation.  Should testimony be requested in civil cases, the 
12.17 	individual consultant or office may charge for the professional time expended or reserved. 
12.18 	When the physician who performed the autopsy is unavailable, another physician from 
12.19 	that office may testify.

12.20 	Sec. 15. Minnesota Statutes 2004, section 390.21, is amended to read:
12.21 	390.21 DISPOSITION; BURIAL.
12.22 	When a coroner holds an inquest upon view of the dead body of any person 
12.23 	unknown, or, being called for that purpose, does not think it necessary, on view of 
12.24 	the body, that an inquest be held, the coroner shall have the body decently buried. All 
12.25 	expenses of the inquisition and burial shall be paid by the county where the dead body is 
12.26 	found.  After an investigation has been completed, including an autopsy if one is done, the 
12.27 	body shall be released promptly to the person or persons who have the right to control the 
12.28 	disposition of the body. Section 149A.80, subdivision 2, shall control. If the identity of 
12.29 	the deceased person is unknown, or if the body is unclaimed, the medical examiner or 
12.30 	coroner shall provide for dignified burial or storage of the remains. Dignified burial shall 
12.31 	not include cremation, donation for anatomic dissection, burial at sea, or other disposition 
12.32 	that will make the body later unavailable. The county where the dead body is found shall 
12.33 	pay reasonable expenses of the burial. If an estate is opened within six years and claim 
13.1 	made for the property or proceeds of the sale of the property of the decedent, the county 
13.2 	shall be reimbursed the amount spent on burial, with interest at the statutory rate.

13.3 	Sec. 16. Minnesota Statutes 2004, section 390.221, is amended to read:
13.4 	390.221 BODIES; EFFECTS; CUSTODY.
13.5 	A person may not removemove, interfere with, or handle the body or the effects 
13.6 	of any person a decedent subject to an investigation by the county coroner or medical 
13.7 	examiner except upon order of the coroner or, medical examiner, assistant, or deputy
13.8 	authorized investigator. The coroner or medical examiner shall take charge of the effects 
13.9 	found on or near the body of a deceased person and dispose of them as the district 
13.10 	court directs by written order directed under section 390.225. If a crime is suspected 
13.11 	in connection with the death of a deceased person is suspected, the coroner or medical 
13.12 	examiner may prevent any person, except law enforcement, from entering the premises, 
13.13 	rooms, or buildings, and shall have the custody of objects that the coroner or examiner 
13.14 	deems material evidence in the case. The coroner or medical examiner shall release any 
13.15 	property or articles needed for any criminal investigation to law enforcement officers 
13.16 	conducting the investigation, except as noted in section 390.225, subdivision 2. A willful
13.17 	knowing violation of this section is a gross misdemeanor.

13.18 	Sec. 17. [390.225] PROPERTY.
13.19 		Subdivision 1.Procedure. The coroner or medical examiner may take possession of 
13.20 	all articles that may be useful in establishing the cause or manner of death, identification, 
13.21 	or next of kin of the deceased, and, if taken, mark them for identification, make an 
13.22 	inventory, and retain them securely until they are no longer needed for evidence or 
13.23 	investigation. Except as noted in subdivision 2, the coroner or medical examiner shall 
13.24 	release any property or articles needed for any criminal investigation to law enforcement 
13.25 	officers conducting the investigation.
13.26 		Subd. 2.Retention of property. When a reasonable basis exists for not releasing 
13.27 	property or articles to law enforcement officers, the coroner or medical examiner shall 
13.28 	consult with the county attorney.  If the county attorney determines that a reasonable basis 
13.29 	exists for not releasing the property or articles, the coroner or medical examiner may 
13.30 	retain them.  The coroner or medical examiner shall obtain written confirmation of this 
13.31 	opinion and keep a copy in the decedent??a??a??s file.
13.32 		Subd. 3.Release of property. With the exception of firearms, when property 
13.33 	or articles are no longer needed for the investigation or as evidence, the coroner or 
13.34 	medical examiner shall release such property or articles to the person or persons entitled 
14.1 	to them. Wearing apparel and property of nominal value may be surrendered by the 
14.2 	coroner or medical examiner to the person or person entitled to control the disposition 
14.3 	of the decedent. When personal property of more than nominal value has come into 
14.4 	the possession of the coroner or medical examiner, and has not otherwise been released 
14.5 	pursuant to this subdivision, the coroner or medical examiner shall dispose of the property 
14.6 	according to section 525.393.
14.7 		Subd. 4.Firearms. The coroner or medical examiner shall release all firearms, 
14.8 	when no longer needed, to the law enforcement agency handling the investigation. 
14.9 		Subd. 5.Property of unknown decedents. If the name of the decedent is not 
14.10 	known, the coroner or medical examiner shall release such property to the county for 
14.11 	disposal or sale.  If the unknown decedent??a??a??s identity is established and if a representative 
14.12 	shall qualify within six years from the time of such sale, the county administrator, or a 
14.13 	designee, shall pay the amount of the proceeds of the sale to the representative on behalf 
14.14 	of the estate upon order of the court.  If no order is made within six years, the proceeds of 
14.15 	the sale shall become a part of the general revenue of the county.

14.16 	Sec. 18. Minnesota Statutes 2004, section 390.23, is amended to read:
14.17 	390.23 DEATH RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
14.18 	No person, other than the county coroner, or  medical examiner, judge exercising 
14.19 	probate jurisdiction, or Department of Corrections' independent, contracted, 
14.20 	board-certified forensic pathologist, shall issue a record file or amend the cause or manner
14.21 	of death information with the state registrar in cases of likely or suspected accidental, 
14.22 	suicidal, homicidal, violent, or mysterious deaths, including suspected homicides,
14.23 	occurring in the county. The Department of Corrections' independent, contracted, 
14.24 	board-certified forensic pathologist must issue the certificate of death in all Department of 
14.25 	Corrections-incarcerated deaths. If there is reasonable proof that a death has occurred, but 
14.26 	no body has been found, a judge may direct the state registrar to register the death with 
14.27 	the fact of death information provided by the court order according to section 144.221 
14.28 	subdivision 3.

14.29 	Sec. 19. Minnesota Statutes 2004, section 390.25, is amended to read:
14.30 	390.25 FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON
14.31 	PERSONS.
14.32 		Subdivision 1.Attempts to identify. Each coroner shall have fingerprinted all 
14.33 	deceased persons in the county whose identity is not immediately established. Within 
14.34 	24 hours after the body is found, the coroner shall forward to the Bureau of Criminal 
15.1 	Apprehension the fingerprints, fingerprint records, and other identification data. The 
15.2 	superintendent of the bureau shall prescribe the form of these reports. The duties are in 
15.3 	addition to those imposed on the coroner by section  525.393. The coroner or medical 
15.4 	examiner shall make reasonable attempts to identify the deceased person promptly.  These 
15.5 	actions may include obtaining: photographs of the body; fingerprints from the body, if 
15.6 	possible; formal dental examination by a dentist with forensic training, with charting and 
15.7 	radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or 
15.8 	hair, suitable for DNA analysis or other identification techniques; blood type; photographs 
15.9 	of items such as clothing and property found on and with the body; and anthropological 
15.10 	determination of age, race, sex, and stature, if appropriate.  All of these actions shall be 
15.11 	taken prior to the disposition of any unidentified deceased person.
15.12 		Subd. 2.Report to BCA. After 60 days, the coroner or medical examiner 
15.13 	shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse 
15.14 	information to be entered into federal and state databases that can aid in the identification, 
15.15 	including the National Crime Information Center database.  The coroner or medical 
15.16 	examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for 
15.17 	DNA analysis.  DNA profiles and information shall be entered by the Bureau of Criminal 
15.18 	Apprehension into federal and state DNA databases within five business days after the 
15.19 	completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
15.20 		Subd. 3.Other efforts to identify. Nothing in this section shall be interpreted 
15.21 	to preclude any medical examiner or coroner from pursuing other efforts to identify 
15.22 	unidentified deceased persons, including publicizing information, descriptions, or 
15.23 	photographs that may aid in the identification, allow family members to identify missing 
15.24 	persons, and seek to protect the dignity of the missing persons.
15.25 		Subd. 4.Preservation of data. The coroner or medical examiner may preserve 
15.26 	and retain photographs, specimens, documents, and other data such as dental records, 
15.27 	radiographs, fingerprints, or DNA, for establishing or confirming the identification of 
15.28 	bodies or for other forensic purposes deemed appropriate under the jurisdiction of the 
15.29 	office.  Upon request by an appropriate agency, or upon the coroner or medical examiner's 
15.30 	own initiative, the coroner or medical examiner may make the information available to aid 
15.31 	in the establishment of the identity of a deceased person.
15.32 		Subd. 5.Notice to state archaeologist. After the coroner or medical examiner 
15.33 	has completed the investigation, the coroner or medical examiner shall notify the state 
15.34 	archaeologist, according to section 307.08, of all unidentified human remains found 
15.35 	outside of platted, recorded, or identified cemeteries and in contexts which indicate 
15.36 	antiquity of greater than 50 years.

16.1 	Sec. 20. [390.251] REQUEST FOR EXAMINATIONS.
16.2 	The coroner or medical examiner may, when requested, make physical examinations 
16.3 	and tests incident to any matter of a criminal nature under consideration by the district 
16.4 	court or county attorney or publicly appointed criminal defense counsel, and shall deliver 
16.5 	a copy of a report of such tests and examinations to the court or authorized attorney 
16.6 	making the request.  Such an examination does not establish a doctor-patient relationship. 
16.7 	The court, attorney, or agency making the request shall pay the cost of such examinations 
16.8 	and tests.

16.9 	Sec. 21. [390.252] CONTRACTS FOR SERVICES.
16.10 	A county board may contract to perform coroner or medical examiner services 
16.11 	with other units of government or their agencies under a schedule of fees approved by 
16.12 	that board.

16.13 	Sec. 22. Minnesota Statutes 2004, section 390.31, subdivision 1, is amended to read:
16.14 		Subdivision 1.Purpose Expiration. Those counties currently using the "simplified 
16.15 	investigations of death," sections  390.31 to  390.35provide a simplified system for the 
16.16 	investigation of the death of any person when the county attorney determines that an 
16.17 	investigation is necessary and provide for professional assistance to those making the 
16.18 	investigation. It is declared to be in the public interest for medical doctors to conduct the 
16.19 	medical investigations deemed necessary under the supervision of the county attorney 
16.20 	and, if a trial is deemed necessary, that it be held in a court of record. may continue to do 
16.21 	so until December 31, 2007, after which this statute will apply.

16.22 	Sec. 23.  REPEALER.
 16.23 	Minnesota Statutes 2004, sections 390.006; 390.06; 390.07; 390.16; 390.19; 390.20; 
16.24 	390.24; 390.31, subdivisions 2 and 3; 390.33; 390.34; 390.35; and 390.36, are repealed.