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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 - 2005IN 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