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H0128................................by JUDICIARY, RULES AND ADMINISTRATION
DEATH INVESTIGATIONS - Repeals and adds to existing law to provide for the
investigation of deaths by coroners, sheriffs and chiefs of police.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 58-11-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
Jones, Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Miller,
Moyle, Nielsen, Nonini, Raybould, Ring, Roberts, Rusche, Rydalch,
Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Mitchell,
Pasley-Stuart, Pence, Ringo, Skippen, Smith(30)
Absent and excused -- Schaefer
Floor Sponsor - Sali
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 26-8-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Gannon, Geddes, Goedde,
Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Sweet, Williams
NAYS -- Burkett, Davis, Kelly, Langhorst, Malepeai, Marley, Stennett,
Werk
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Sweet
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 80
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 128
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DEATH INVESTIGATIONS; REPEALING SECTION 19-4301, IDAHO CODE,
3 APPLICABLE TO DEATH INVESTIGATIONS BY COUNTY CORONERS; AND AMENDING CHAP-
4 TER 43, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-4301,
5 IDAHO CODE, TO PROVIDE FOR THE INVESTIGATION OF DEATHS BY CORONERS, SHER-
6 IFFS AND CHIEFS OF POLICE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-4301, Idaho Code, be, and the same is hereby
9 repealed.
10 SECTION 2. That Chapter 43, Title 19, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 19-4301, Idaho Code, and to read as follows:
13 19-4301. COUNTY CORONER TO INVESTIGATE DEATHS. (1) When a county coroner
14 is informed that a person has died, the county coroner shall investigate that
15 death if:
16 (a) The death occurred as a result of violence, whether apparently by
17 homicide, suicide or by accident;
18 (b) The death occurred under suspicious or unknown circumstances; or
19 (c) The death is of a stillborn child or any child if there is a reason-
20 able articulable suspicion to believe that the death occurred without a
21 known medical disease to account for the stillbirth or child's death.
22 (2) If a death occurs that is not attended by a physician and the cause
23 of death cannot be certified by a physician, the coroner must refer the inves-
24 tigation of the death to the sheriff of the county or the chief of police of
25 the city in which the incident causing the death occurred or, if such county
26 or city is unknown, to the sheriff or chief of police of the county or city
27 where the body was found. The investigation shall be the responsibility of the
28 sheriff or chief of police. Upon completion of the investigation, a written
29 report shall be provided to the coroner of the county in which the death
30 occurred or, if such county is unknown, to the coroner of the county where the
31 body was found.
32 (3) A coroner in the county where the incident causing the death occurred
33 or, if such county is unknown, the coroner in the county where the body was
34 found, may conduct an inquest if there are reasonable grounds to believe as a
35 result of the investigation that the death occurred as provided in subsection
36 (1) of this section.
37 (4) If an inquest is to be conducted, the coroner shall summon six (6)
38 persons qualified by law to serve as jurors for the inquest.
39 (5) Nothing in this section shall be construed to affect the tenets of
40 any church or religious belief.
STATEMENT OF PURPOSE
RS 14666
The purpose of this bill is to re-write existing Idaho Code
section 19-4301; first making it more readable and
understandable; and second, adding a provision relating to when a
coroner must investigate a suspicious death. The new provision
is found at 19-4301(1)c and provides that a coroner will
investigate stillbirths and child deaths when it can reasonably
be shown that there is no known medical disease causing the
stillbirth or death. With regard to stillbirths, the intent is
to capture those circumstances where illegal drug use by the
mother may have caused or contributed to the cause of the
stillbirth. Under existing law, there is no legal authority to
investigate under those circumstances.
FISCAL NOTE
There is no immediate fiscal impact to local government. Future
fiscal impact will depend upon the number of deaths and
stillbirths actually investigated by the county coroner and law
enforcement. There is no impact on the state general fund.
Contact: Idaho Association of Counties (208) 345-9126
Name: Dan Chadwick, Tony Poinelli, Maggie Colwell,
Kerry Ellen Elliott
Erwin Sonnenberg, Ada County Coroner (208) 287-5559
STATEMENT OF PURPOSE/FISCAL NOTE H 128