2004 Legislation
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HOUSE BILL NO. 729 – Infant death, autopsy, when

HOUSE BILL NO. 729

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Bill Status



H0729......................................................by STATE AFFAIRS
INFANT DEATH - AUTOPSY - Amends existing law to require an autopsy under
specified conditions of unexplained infant death if the coroner records the
death as sudden infant death syndrome (SIDS).
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 729
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DEATH OF AN INFANT;  AMENDING  SECTION  19-4301,  IDAHO  CODE,  TO
  3        REQUIRE  AN AUTOPSY UNDER SPECIFIED CONDITIONS OF UNEXPLAINED INFANT DEATH
  4        AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 19-4301, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        19-4301.  CORONER  TO  INVESTIGATE DEATHS. (1)  When a coroner is informed
  9    that a person in his county has died:
 10        (a)  As a result of violence whether  apparently  homicidal,  suicidal  or
 11        accidental, or
 12        (b)  Under suspicious or unknown circumstances, or
 13        (c)  When  not  attended  by  a  physician during his last illness and the
 14        cause of death cannot be certified by a physician, the coroner must  refer
 15        the  investigation  of the death to the sheriff of the county or the chief
 16        of police of the city in which the incident causing death occurred; or, if
 17        unknown, then in which the death occurred; or, if unknown, then  in  which
 18        the  body  is found. The investigation shall be the responsibility of said
 19        officer who, upon completion of his investigation, shall furnish a written
 20        report of the result of such investigation to said coroner. The coroner of
 21        said county must refer said case to the coroner of the county in which the
 22        incident causing death occurred, if known, or if unknown,  then  in  which
 23        the  death occurred, if known, to hold an inquest. Provided, however, that
 24        a coroner shall conduct an inquest only if he has  reasonable  grounds  to
 25        believe that the death has occurred under any of the circumstances hereto-
 26        fore  stated in subsections 19-4301(1)(a) or 19-4301 (1)(b), Idaho Code of
 27        this section. If so, he may summon six (6) persons  qualified  by  law  to
 28        serve as jurors to appear before him to hold said inquest.
 29        (2)  When  an infant under one (1) year of age has died suddenly and unex-
 30    pectedly and the circumstances concerning the death are  unexplained  and  the
 31    coroner  records the cause of death as sudden infant death syndrome (SIDS), an
 32    autopsy shall be performed by a physician licensed to practice medicine in all
 33    of its branches who has special training in pathology.
 34        Nothing in this section shall be construed to affect  the  tenets  of  any
 35    church or religious belief.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13988


     The purpose of this legislation is to require that if a
child under the age of one year dies suddenly and unexpectedly
and the coroner records sudden infant death syndrome (SIDS)as the
cause of death, an autopsy must have been performed.


                          FISCAL IMPACT

     There is no impact to the general fund.  The cost to the
counties of an autopsy is approximately $1,500.  Since all SIDS
deaths were autopsied in 2002, no additional cost to counties is
anticipated.



Contact
Name: Representative Douglas
Phone: 332-1000
Name: Representative Henbest
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                       H 729