§ 130A‑389.1. Photographs and video or audio recordings made pursuant to autopsy.
(a) Except as otherwiseprovided by law, any person may inspect and examine original photographs orvideo or audio recordings of an autopsy performed pursuant to G.S. 130A‑389(a)at reasonable times and under reasonable supervision of the custodian of thephotographs or recordings. Except as otherwise provided by this section, nocustodian of the original recorded images shall furnish copies of photographsor video or audio recordings of an autopsy to the public. For purposes of thissection, the Chief Medical Examiner shall be the custodian of all autopsyphotographs or video or audio recordings unless the photographs or recordingswere taken by or at the direction of an investigating medical examiner and theinvestigating medical examiner retains the original photographs or recordings.If the investigating medical examiner has retained the original photographs orrecordings, then the investigating medical examiner is the custodian of thephotographs or video or audio recordings and must allow the public to inspectand examine them in accordance with this subsection.
(b) The followingpublic officials may obtain copies of autopsy photographs or video or audiorecordings for official use only. These public officials shall not disclose thephotographs or video or audio recordings to the public except as provided bylaw:
(1) The Chief MedicalExaminer or a pathologist designated by the Chief Medical Examiner.
(2) Investigating MedicalExaminer.
(3) District attorney.
(4) Superior courtjudge.
(5) Law enforcementofficials conducting an investigation relating to the death.
A public official authorized bythis subsection to obtain copies may provide a copy of the photograph orvideotape to another person for the sole purpose of aiding in theidentification of the deceased through publication of the photograph orvideotape.
(c) The followingpersons may obtain copies of autopsy photographs or video or audio recordingsbut may not disclose the photographs or video or audio recordings to the publicunless otherwise authorized by law:
(1) The personalrepresentative of the estate of the deceased.
(2) A person authorizedby an order issued in a special proceeding pursuant to subsection (d) of thissection.
(3) A physician licensedto practice in North Carolina who uses a copy of the photographs or video oraudio recording to confer with attorneys or others with a bona fideprofessional need to use or understand forensic science, provided that thephysician promptly returns the copy to the custodian.
(4) After redacting allinformation identifying the decedent, including name, address, and socialsecurity number, and after anonymizing any physical recognition, a medicalexaminer, coroner, physician, or their designee who uses such material for:
a. Medical orscientific teaching or training purposes;
b. Teaching or trainingof law enforcement personnel;
c. Teaching or trainingof attorneys or others with a bona fide professional need to use or understandforensic science;
d. Conferring withmedical or scientific experts in the field of forensic science; or
e. Publication in ascientific or medical journal or textbook.
A medical examiner,coroner, or physician who has in good faith complied with this subsection shallnot be subject to any penalty under this section.
Any person who lawfully obtains acopy of a photograph or video or audio recording pursuant to this subsectionshall be required to sign a statement acknowledging that they have receivednotice that any unauthorized disclosure of the photograph or video or audiorecording is a Class 2 misdemeanor.
(d) A person who isdenied access to copies of photographs or video or audio recordings, or who isrestricted in the use the person may make of the photographs or video or audiorecordings under this section, may commence a special proceeding in accordancewith Article 33 of Chapter 1 of the General Statutes. Upon a showing of goodcause, the clerk may issue an order authorizing the person to copy or disclosea photograph or video or audio recording of an autopsy and may prescribe anyrestrictions or stipulations that the clerk deems appropriate. In determininggood cause, the clerk shall consider whether the disclosure is necessary forthe public evaluation of governmental performance; the seriousness of theintrusion into the family's right to privacy and whether the disclosure is theleast intrusive means available; and the availability of similar information inother public records, regardless of form. In all cases, the viewing, copying,listening to, or other handling of a photograph or video or audio recording ofan autopsy shall be under the direct supervision of the Chief Medical Examineror the Chief Medical Examiner's designee. A party aggrieved by an order of theclerk may appeal to the appropriate court in accordance with Article 27A ofChapter 1 of the General Statutes.
(e) The petitionershall provide reasonable notice of the commencement of a special proceeding, asauthorized by subsection (d) of this section, and reasonable notice of theopportunity to be present and heard at any hearing on the matter in accordancewith Rule 5 of the Rules of Civil Procedure. The notice shall be provided tothe personal representative of the estate of the deceased, if any, and to thesurviving spouse of the deceased. If there is no surviving spouse, then thenotice shall be provided to the deceased's parents, and if the deceased has noliving parent, then to the adult child of the deceased or to the guardian orcustodian of a minor child of the deceased.
(f) This section doesnot apply to the use of autopsy photographs or video or audio recordings in acriminal, civil, or administrative proceeding except that nothing in thissection prohibits a court or presiding officer, upon good cause shown, fromrestricting or otherwise controlling the disclosure to persons other than theparties and attorneys to the proceeding of an autopsy, crime scene, or similarphotograph or video or audio recordings in the manner provided under thissection.
(g) Any person whowillfully and knowingly violates this section is guilty of a Class 2misdemeanor, provided that more than one disclosure of the same item by thesame person is not a separate offense.
(h) Any person not authorizedby this section to obtain a copy of an autopsy photograph or video or audiorecording, who knowingly and willfully removes, copies, or otherwise creates animage of an autopsy photograph or video or audio recording with intent to stealthe same, is guilty of a Class 1 misdemeanor. (2005‑393, s. 3.)
§ 130A‑389.1. Photographs and video or audio recordings made pursuant to autopsy.
(a) Except as otherwiseprovided by law, any person may inspect and examine original photographs orvideo or audio recordings of an autopsy performed pursuant to G.S. 130A‑389(a)at reasonable times and under reasonable supervision of the custodian of thephotographs or recordings. Except as otherwise provided by this section, nocustodian of the original recorded images shall furnish copies of photographsor video or audio recordings of an autopsy to the public. For purposes of thissection, the Chief Medical Examiner shall be the custodian of all autopsyphotographs or video or audio recordings unless the photographs or recordingswere taken by or at the direction of an investigating medical examiner and theinvestigating medical examiner retains the original photographs or recordings.If the investigating medical examiner has retained the original photographs orrecordings, then the investigating medical examiner is the custodian of thephotographs or video or audio recordings and must allow the public to inspectand examine them in accordance with this subsection.
(b) The followingpublic officials may obtain copies of autopsy photographs or video or audiorecordings for official use only. These public officials shall not disclose thephotographs or video or audio recordings to the public except as provided bylaw:
(1) The Chief MedicalExaminer or a pathologist designated by the Chief Medical Examiner.
(2) Investigating MedicalExaminer.
(3) District attorney.
(4) Superior courtjudge.
(5) Law enforcementofficials conducting an investigation relating to the death.
A public official authorized bythis subsection to obtain copies may provide a copy of the photograph orvideotape to another person for the sole purpose of aiding in theidentification of the deceased through publication of the photograph orvideotape.
(c) The followingpersons may obtain copies of autopsy photographs or video or audio recordingsbut may not disclose the photographs or video or audio recordings to the publicunless otherwise authorized by law:
(1) The personalrepresentative of the estate of the deceased.
(2) A person authorizedby an order issued in a special proceeding pursuant to subsection (d) of thissection.
(3) A physician licensedto practice in North Carolina who uses a copy of the photographs or video oraudio recording to confer with attorneys or others with a bona fideprofessional need to use or understand forensic science, provided that thephysician promptly returns the copy to the custodian.
(4) After redacting allinformation identifying the decedent, including name, address, and socialsecurity number, and after anonymizing any physical recognition, a medicalexaminer, coroner, physician, or their designee who uses such material for:
a. Medical orscientific teaching or training purposes;
b. Teaching or trainingof law enforcement personnel;
c. Teaching or trainingof attorneys or others with a bona fide professional need to use or understandforensic science;
d. Conferring withmedical or scientific experts in the field of forensic science; or
e. Publication in ascientific or medical journal or textbook.
A medical examiner,coroner, or physician who has in good faith complied with this subsection shallnot be subject to any penalty under this section.
Any person who lawfully obtains acopy of a photograph or video or audio recording pursuant to this subsectionshall be required to sign a statement acknowledging that they have receivednotice that any unauthorized disclosure of the photograph or video or audiorecording is a Class 2 misdemeanor.
(d) A person who isdenied access to copies of photographs or video or audio recordings, or who isrestricted in the use the person may make of the photographs or video or audiorecordings under this section, may commence a special proceeding in accordancewith Article 33 of Chapter 1 of the General Statutes. Upon a showing of goodcause, the clerk may issue an order authorizing the person to copy or disclosea photograph or video or audio recording of an autopsy and may prescribe anyrestrictions or stipulations that the clerk deems appropriate. In determininggood cause, the clerk shall consider whether the disclosure is necessary forthe public evaluation of governmental performance; the seriousness of theintrusion into the family's right to privacy and whether the disclosure is theleast intrusive means available; and the availability of similar information inother public records, regardless of form. In all cases, the viewing, copying,listening to, or other handling of a photograph or video or audio recording ofan autopsy shall be under the direct supervision of the Chief Medical Examineror the Chief Medical Examiner's designee. A party aggrieved by an order of theclerk may appeal to the appropriate court in accordance with Article 27A ofChapter 1 of the General Statutes.
(e) The petitionershall provide reasonable notice of the commencement of a special proceeding, asauthorized by subsection (d) of this section, and reasonable notice of theopportunity to be present and heard at any hearing on the matter in accordancewith Rule 5 of the Rules of Civil Procedure. The notice shall be provided tothe personal representative of the estate of the deceased, if any, and to thesurviving spouse of the deceased. If there is no surviving spouse, then thenotice shall be provided to the deceased's parents, and if the deceased has noliving parent, then to the adult child of the deceased or to the guardian orcustodian of a minor child of the deceased.
(f) This section doesnot apply to the use of autopsy photographs or video or audio recordings in acriminal, civil, or administrative proceeding except that nothing in thissection prohibits a court or presiding officer, upon good cause shown, fromrestricting or otherwise controlling the disclosure to persons other than theparties and attorneys to the proceeding of an autopsy, crime scene, or similarphotograph or video or audio recordings in the manner provided under thissection.
(g) Any person whowillfully and knowingly violates this section is guilty of a Class 2misdemeanor, provided that more than one disclosure of the same item by thesame person is not a separate offense.
(h) Any person not authorizedby this section to obtain a copy of an autopsy photograph or video or audiorecording, who knowingly and willfully removes, copies, or otherwise creates animage of an autopsy photograph or video or audio recording with intent to stealthe same, is guilty of a Class 1 misdemeanor. (2005‑393, s. 3.)
§ 130A‑389.1. Photographs and video or audio recordings made pursuant to autopsy.
(a) Except as otherwiseprovided by law, any person may inspect and examine original photographs orvideo or audio recordings of an autopsy performed pursuant to G.S. 130A‑389(a)at reasonable times and under reasonable supervision of the custodian of thephotographs or recordings. Except as otherwise provided by this section, nocustodian of the original recorded images shall furnish copies of photographsor video or audio recordings of an autopsy to the public. For purposes of thissection, the Chief Medical Examiner shall be the custodian of all autopsyphotographs or video or audio recordings unless the photographs or recordingswere taken by or at the direction of an investigating medical examiner and theinvestigating medical examiner retains the original photographs or recordings.If the investigating medical examiner has retained the original photographs orrecordings, then the investigating medical examiner is the custodian of thephotographs or video or audio recordings and must allow the public to inspectand examine them in accordance with this subsection.
(b) The followingpublic officials may obtain copies of autopsy photographs or video or audiorecordings for official use only. These public officials shall not disclose thephotographs or video or audio recordings to the public except as provided bylaw:
(1) The Chief MedicalExaminer or a pathologist designated by the Chief Medical Examiner.
(2) Investigating MedicalExaminer.
(3) District attorney.
(4) Superior courtjudge.
(5) Law enforcementofficials conducting an investigation relating to the death.
A public official authorized bythis subsection to obtain copies may provide a copy of the photograph orvideotape to another person for the sole purpose of aiding in theidentification of the deceased through publication of the photograph orvideotape.
(c) The followingpersons may obtain copies of autopsy photographs or video or audio recordingsbut may not disclose the photographs or video or audio recordings to the publicunless otherwise authorized by law:
(1) The personalrepresentative of the estate of the deceased.
(2) A person authorizedby an order issued in a special proceeding pursuant to subsection (d) of thissection.
(3) A physician licensedto practice in North Carolina who uses a copy of the photographs or video oraudio recording to confer with attorneys or others with a bona fideprofessional need to use or understand forensic science, provided that thephysician promptly returns the copy to the custodian.
(4) After redacting allinformation identifying the decedent, including name, address, and socialsecurity number, and after anonymizing any physical recognition, a medicalexaminer, coroner, physician, or their designee who uses such material for:
a. Medical orscientific teaching or training purposes;
b. Teaching or trainingof law enforcement personnel;
c. Teaching or trainingof attorneys or others with a bona fide professional need to use or understandforensic science;
d. Conferring withmedical or scientific experts in the field of forensic science; or
e. Publication in ascientific or medical journal or textbook.
A medical examiner,coroner, or physician who has in good faith complied with this subsection shallnot be subject to any penalty under this section.
Any person who lawfully obtains acopy of a photograph or video or audio recording pursuant to this subsectionshall be required to sign a statement acknowledging that they have receivednotice that any unauthorized disclosure of the photograph or video or audiorecording is a Class 2 misdemeanor.
(d) A person who isdenied access to copies of photographs or video or audio recordings, or who isrestricted in the use the person may make of the photographs or video or audiorecordings under this section, may commence a special proceeding in accordancewith Article 33 of Chapter 1 of the General Statutes. Upon a showing of goodcause, the clerk may issue an order authorizing the person to copy or disclosea photograph or video or audio recording of an autopsy and may prescribe anyrestrictions or stipulations that the clerk deems appropriate. In determininggood cause, the clerk shall consider whether the disclosure is necessary forthe public evaluation of governmental performance; the seriousness of theintrusion into the family's right to privacy and whether the disclosure is theleast intrusive means available; and the availability of similar information inother public records, regardless of form. In all cases, the viewing, copying,listening to, or other handling of a photograph or video or audio recording ofan autopsy shall be under the direct supervision of the Chief Medical Examineror the Chief Medical Examiner's designee. A party aggrieved by an order of theclerk may appeal to the appropriate court in accordance with Article 27A ofChapter 1 of the General Statutes.
(e) The petitionershall provide reasonable notice of the commencement of a special proceeding, asauthorized by subsection (d) of this section, and reasonable notice of theopportunity to be present and heard at any hearing on the matter in accordancewith Rule 5 of the Rules of Civil Procedure. The notice shall be provided tothe personal representative of the estate of the deceased, if any, and to thesurviving spouse of the deceased. If there is no surviving spouse, then thenotice shall be provided to the deceased's parents, and if the deceased has noliving parent, then to the adult child of the deceased or to the guardian orcustodian of a minor child of the deceased.
(f) This section doesnot apply to the use of autopsy photographs or video or audio recordings in acriminal, civil, or administrative proceeding except that nothing in thissection prohibits a court or presiding officer, upon good cause shown, fromrestricting or otherwise controlling the disclosure to persons other than theparties and attorneys to the proceeding of an autopsy, crime scene, or similarphotograph or video or audio recordings in the manner provided under thissection.
(g) Any person whowillfully and knowingly violates this section is guilty of a Class 2misdemeanor, provided that more than one disclosure of the same item by thesame person is not a separate offense.
(h) Any person not authorizedby this section to obtain a copy of an autopsy photograph or video or audiorecording, who knowingly and willfully removes, copies, or otherwise creates animage of an autopsy photograph or video or audio recording with intent to stealthe same, is guilty of a Class 1 misdemeanor. (2005‑393, s. 3.)
