Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 16-H.F.No. 298 
           An act relating to local government; creating the 
          office of Anoka county coroner; appointing a physician 
          as county coroner; appointing assistant coroners; 
          designating deputy coroners; establishing the duties 
          of the coroner. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [ANOKA COUNTY; COUNTY CORONER.] 
    Subdivision 1.  [CREATION.] Upon a majority vote of the 
board of county commissioners of Anoka county, the office of 
county coroner may be created and established in the county. 
    Subd. 2.  [APPOINTMENT.] The board of county commissioners 
of Anoka county shall appoint as county coroner a doctor of 
medicine licensed to practice pursuant to Minnesota Statutes, 
chapter 147, or similar laws in any other state.  The coroner 
shall serve at the pleasure of the county board.  The county 
board shall pay the coroner a fee to be determined by the board 
and provide for the payment of the coroner's expenses incurred 
in the performance of duties.  The coroner must have 
successfully completed academic courses in pharmacology, 
surgery, pathology, toxicology, and physiology. 
    Subd. 3.  [BOND.] Before taking office, the coroner shall 
post bond to the state in a penal sum set by the county board, 
not less than $500 nor more than $10,000.  The coroner's bond is 
subject to the same conditions in substance as in the bond 
required by law to be given by the sheriff, except as to the 
description of the office.  The bond and oath of office shall be 
filed with the county recorder.  
    Sec. 2.  [ASSISTANTS.] 
    The coroner shall appoint one or more assistants who are 
doctors of medicine licensed to practice pursuant to Minnesota 
Statutes, chapter 147.  When the coroner is absent or unable to 
act, the assistants have the same duties and powers and are 
subject to the same liabilities as the coroner.  An assistant 
shall be appointed in writing.  The oath and appointment shall 
be filed for record with the county recorder.  The assistant 
shall act by name as assistant coroner and hold office for a 
term concurrent with the coroner. 
    Sec. 3.  [DEPUTIES.] 
    The coroner shall utilize Anoka county deputy sheriffs to 
conduct necessary investigative work.  The coroner and sheriff 
shall jointly determine which deputies shall be designated 
deputy coroners.  A deputy coroner shall be appointed by the 
coroner in writing.  The oath and appointment shall be filed for 
record with the county recorder.  The deputy shall act by name 
as deputy coroner and hold office for a term concurrent with the 
coroner.  When instructed by the coroner pursuant to duties 
under sections 1 to 10, deputy coroners shall comply with the 
instruction in a reasonable and timely manner.  While acting as 
a deputy coroner, a deputy sheriff shall act exclusively at the 
direction of the county coroner or assistant coroner.  In an 
investigation of a death of a person that occurred while that 
person was in the custody of the sheriff, the coroner may retain 
other investigative resources and conduct the investigation 
through those resources. 
    Sec. 4.  [INVESTIGATIONS AND INQUESTS.] 
    Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
INVESTIGATIONS.] The coroner and sheriff shall investigate all 
human deaths of the following types, and the coroner may conduct 
inquests in all human deaths of the following types: 
    (1) violent deaths, whether apparently homicidal, suicidal, 
or accidental, including but not limited to deaths due to 
thermal, chemical, electrical, or radiational injury, and deaths 
due to criminal abortion, whether apparently self-induced or 
not; 
    (2) deaths under unusual or mysterious circumstances; 
    (3) deaths of persons whose bodies are to be cremated, 
dissected, buried at sea, or otherwise disposed of so that the 
bodies will later be unavailable for examination; and 
    (4) deaths of inmates of public institutions who are not 
hospitalized for organic disease and whose deaths are not of any 
type referred to in clause (1) or (2). 
    Subd. 2.  [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The 
coroner may conduct an autopsy in the case of any human death 
referred to in subdivision 1, clause (1) or (2), when the 
coroner judges that the public interest requires an autopsy. 
    Subd. 3.  [OTHER DEATHS; AUTOPSIES; EXHUMATION; 
CONSENT.] The coroner may conduct an autopsy in the case of any 
human death referred to in subdivision 1, clause (3) or (4), or 
may exhume any human body and perform an autopsy on it in the 
case of any human death referred to in subdivision 2 when the 
coroner judges that the public interest requires an autopsy.  No 
autopsy shall be conducted unless the surviving spouse, or next 
of kin if there is no surviving spouse, consents to it, or the 
district court of the county where the body is located or 
buried, upon notice as the court directs, enters an order 
authorizing an autopsy or an exhumation and autopsy.  
Application for an order may be made by the coroner or by the 
county attorney of the county where the body is located or 
buried, upon a showing that the court deems appropriate. 
    Subd. 4.  [ASSISTANCE OF MEDICAL SPECIALISTS.] If during an 
investigation the coroner believes the assistance of 
pathologists, toxicologists, deputy coroners, laboratory 
technicians, or other medical experts is necessary to determine 
the cause of death, the coroner shall obtain their assistance. 
    Subd. 5.  [INQUEST.] The record and report of the inquest 
proceedings may not be used in evidence in any civil action 
arising out of the death for which an inquest was ordered.  
Before an inquest is held, the coroner shall notify the county 
attorney.  The county attorney shall examine witnesses at the 
inquest.  
    Subd. 6.  [RECORDS.] The coroner shall keep properly 
indexed records giving the name, if known, of every person whose 
death is investigated, the place where the body was found, the 
date, cause, and manner of death, and all other relevant 
information concerning the death. 
    Subd. 7.  [REPORTS.] (a) Deaths of the types described in 
this section must be promptly reported for investigation to the 
coroner by the law enforcement officer, attending physician, 
mortician, person in charge of the public institutions referred 
to in subdivision 1, or other person with knowledge of the death.
    (b) For the purposes of this section, health-related 
records or data on a decedent, except health data defined in 
Minnesota Statutes, section 13.38, whose death is being 
investigated under this section, whether the records or data are 
recorded or unrecorded, including but not limited to those 
concerning medical, surgical, psychiatric, psychological, or any 
other consultation, diagnosis, or treatment, including medical 
imaging, shall be made promptly available to the coroner, upon 
the coroner's written request, by a person having custody of, 
possession of, access to, or knowledge of the records or data.  
The coroner shall pay for reasonable costs of copies of records 
or data provided to the coroner under this section.  Data 
collected or created pursuant to this subdivision relating to 
any psychiatric, psychological, or mental health consultation 
with, diagnosis of, or treatment of the decedent whose death is 
being investigated shall remain confidential or protected 
nonpublic data, except that the coroner's report may contain a 
summary of such data. 
    Subd. 8.  [CORONER IN CHARGE OF BODY.] Upon notification of 
a death subject to this section, the coroner or deputy coroner 
shall proceed to the body, take charge of it, and, when 
necessary, order that there be no interference with the body or 
the scene of death.  Investigation shall be conducted 
concurrently by the coroner or deputy coroner and the sheriff. 
    Subd. 9.  [CRIMINAL ACT REPORT.] On coming to believe that 
the death may have resulted from a criminal act, the coroner or 
assistant coroner shall deliver a signed copy of the report of 
investigation or inquest to the county attorney. 
    Subd. 10.  [SUDDEN INFANT DEATH.] If a child under the age 
of two years dies suddenly and unexpectedly under circumstances 
indicating that the death may have been caused by sudden infant 
death syndrome, the coroner or personal physician shall notify 
the child's parents or guardian that an autopsy is essential to 
establish the cause of death as sudden infant death syndrome.  
If an autopsy reveals that sudden infant death syndrome is the 
cause of death, that fact must be stated in the autopsy report.  
The parents or guardian of the child shall be promptly notified 
of the cause of death and of the availability of counseling 
services. 
    Subd. 11.  [AUTOPSY FEES.] The coroner may charge a 
reasonable fee to a person requesting an autopsy if the autopsy 
would not otherwise be conducted under subdivision 1, 2, or 3. 
    Subd. 12.  [AUTHORIZED REMOVAL OF THE BRAIN.] If the 
coroner is informed by a physician or pathologist that a dead 
person is suspected of having had Alzheimer's disease, the 
coroner shall authorize the removal of the brain of the dead 
person for the purposes of Minnesota Statutes, sections 145.131 
and 145.132. 
    Sec. 5.  [TO ACT WHEN SHERIFF OF PARTY TO ACTION.] 
    When the sheriff is a party to an action or when a party, 
or a party's agent or attorney, files with the court 
administrator of the district court an affidavit stating that 
the party believes the sheriff, because of partiality, 
prejudice, consanguinity, or interest, will not faithfully 
perform the sheriff's duties in an action commenced, or about to 
be commenced, the clerk shall direct process in the action to 
the coroner.  The coroner shall perform the duties of the 
sheriff relative to the action in the same manner required for a 
sheriff. 
    Sec. 6.  [BODIES; EFFECTS; CUSTODY.] 
    A person may not remove, interfere with, or handle the body 
or the effects of any person subject to an investigation by the 
county coroner except upon order of the coroner or deputy 
coroner.  The coroner shall take charge of the effects found on 
the body of a deceased person and dispose of them as the probate 
court directs by written order.  If a crime in connection with 
the death of a deceased person is suspected, the coroner may 
prevent any person from entering the premises, rooms, or 
buildings, and shall have the custody of objects that the 
coroner deems material evidence in the case.  A willful 
violation of this section is a misdemeanor. 
    Sec. 7.  [FINGERPRINTS; IDENTIFICATION DATA.] 
    The coroner shall have fingerprinted all deceased persons 
in the county whose identity is not immediately established.  
Within 24 hours after the body is found, the coroner shall 
forward the fingerprints, fingerprint records, and other 
identification data to the bureau of criminal apprehension.  The 
superintendent of the bureau shall prescribe the form of these 
reports. 
    Sec. 8.  [BURIAL.] 
    When a coroner holds an inquest upon view of the dead body 
of any person unknown, or, being called for that purpose, does 
not think it necessary, on view of the body, that an inquest be 
held, the coroner shall have the body decently buried.  All 
expenses of the inquisition and burial shall be paid by the 
county where the dead body is found. 
    Sec. 9.  [EXPENSES.] 
    The county board may allow the reasonable and necessary 
expenses of the coroner or deputy coroners incurred for 
telephone tolls, telegrams, postage, the cost of transcribing 
the testimony taken at an inquest, and other expenses incurred 
solely for the officers' official business under sections 1 to 
10. 
    Sec. 10.  [CERTIFICATES OF DEATH.] 
    No person, other than the coroner or judge shall issue a 
certificate of death in cases of violent or mysterious deaths, 
including suspected homicides, occurring in the county. 
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 1 to 10 shall become effective the day following 
final enactment. 
    Presented to the governor April 7, 1993 
    Signed by the governor April 7, 1993, 3:20 p.m.