CHAPTER 14. COUNTY CORONER
IC 36-2-14
Chapter 14. County Coroner
IC 36-2-14-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-1.5
Child death pathologist
Sec. 1.5. As used in this chapter, "child death pathologist" meansa physician described in IC 16-35-7-3(b).
As added by P.L.225-2007, SEC.10.
IC 36-2-14-2
Residence; term of office
Sec. 2. (a) A county coroner must reside within the county asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The coroner forfeits office if the coroner ceases to be aresident of the county.
(b) The term of office of the county coroner under Article 6,Section 2 of the Constitution of the State of Indiana is four (4) yearsand continues until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987,SEC.549.
IC 36-2-14-3
Commission of coroner
Sec. 3. The governor shall commission each county coroner.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-4
Duties as county sheriff
Sec. 4. The coroner shall perform the duties of the county sheriffonly in cases in which the sheriff:
(1) is interested or incapacitated from serving; and
(2) has no chief deputy who may perform his duties.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.24.
IC 36-2-14-5
Service of warrant for arrest of county sheriff; custody of jail andprisoners
Sec. 5. A warrant for the arrest of the county sheriff shall beserved by the coroner or any other person to whom it may be legallydirected. The coroner, who shall commit the sheriff to the county jail,has custody of the jail and its prisoners during the imprisonment ofthe sheriff.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-5.5
Duties of child death pathologist
Sec. 5.5. A child death pathologist shall:
(1) consult with a coroner concerning a death described insection 6.3(b) of this chapter;
(2) conduct an autopsy of a child as described in sections 6.3(c)and 6.7(b) of this chapter; and
(3) perform duties described in section 6.7(e) of this chapter.
As added by P.L.225-2007, SEC.11.
IC 36-2-14-6
Investigation of death of person; certificate of death; autopsy
Sec. 6. (a) Whenever the coroner is notified that a person in thecounty:
(1) has died from violence;
(2) has died by casualty;
(3) has died when apparently in good health;
(4) has died in an apparently suspicious, unusual, or unnaturalmanner; or
(5) has been found dead;
the coroner shall, before the scene of the death is disturbed, notify alaw enforcement agency having jurisdiction in that area. The agencyshall assist the coroner in conducting an investigation of how theperson died and a medical investigation of the cause of death. Thecoroner may hold the remains of the decedent until the investigationof how the person died and the medical investigation of the cause ofdeath are concluded.
(b) The coroner:
(1) shall file a certificate of death with the county healthdepartment, or, if applicable, a multiple county healthdepartment, of the county in which the individual died, withinseventy-two (72) hours after the completion of the deathinvestigation;
(2) shall complete the certificate of death utilizing all verifiableinformation establishing the time and date of death; and
(3) may file a pending investigation certificate of death beforecompleting the certificate of death, if necessary.
(c) If this section applies, the body and the scene of death may notbe disturbed until:
(1) the coroner has photographed them in the manner that mostfully discloses how the person died; and
(2) law enforcement and the coroner have finished their initialassessment of the scene of death.
However, a coroner or law enforcement officer may order a body tobe moved before photographs are taken if the position or location ofthe body unduly interferes with activities carried on where the bodyis found, but the body may not be moved from the immediate areaand must be moved without substantially destroying or altering theevidence present.
(d) When acting under this section, if the coroner considers it
necessary to have an autopsy performed, is required to perform anautopsy under subsection (f), or is requested by the prosecutingattorney of the county to perform an autopsy, the coroner shallemploy a:
(1) physician certified by the American board of pathology; or
(2) pathology resident acting under the direct supervision of aphysician certified in anatomic pathology by the Americanboard of pathology;
to perform the autopsy. The physician performing the autopsy shallbe paid a fee of at least fifty dollars ($50) from the county treasury.
(e) If:
(1) at the request of:
(A) the decedent's spouse;
(B) a child of the decedent, if the decedent does not have aspouse;
(C) a parent of the decedent, if the decedent does not have aspouse or children;
(D) a brother or sister of the decedent, if the decedent doesnot have a spouse, children, or parents; or
(E) a grandparent of the decedent, if the decedent does nothave a spouse, children, parents, brothers, or sisters;
(2) in any death, two (2) or more witnesses who corroborate thecircumstances surrounding death are present; and
(3) two (2) physicians who are licensed to practice medicine inthe state and who have made separate examinations of thedecedent certify the same cause of death in an affidavit withintwenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed withthe circuit court clerk.
(f) A county coroner may not certify the cause of death in the caseof the sudden and unexpected death of a child who is less than three(3) years old unless an autopsy is performed at county expense.However, a coroner may certify the cause of death of a childdescribed in this subsection without the performance of an autopsyif subsection (e) applies to the death of the child.
(g) After consultation with the law enforcement agencyinvestigating the death of a decedent, the coroner shall do thefollowing:
(1) Inform a crematory authority if a person is barred underIC 23-14-31-26(c) from serving as the authorizing agent withrespect to the cremation of the decedent's body because thecoroner made the determination under IC 23-14-31-26(c)(2) inconnection with the death of the decedent.
(2) Inform a cemetery owner if a person is barred underIC 23-14-55-2(d) from authorizing the disposition of the bodyor cremated remains of the decedent because the coroner madethe determination under IC 23-14-55-2(d)(2) in connection withthe death of the decedent.
(3) Inform a seller of prepaid services or merchandise if aperson's contract is unenforceable under IC 30-2-13-23(b)
because the coroner made the determination underIC 30-2-13-23(b)(4) in connection with the death of thedecedent.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.39, SEC.2; P.L.106-1986, SEC.2; P.L.339-1987, SEC.1;P.L.179-2003, SEC.5; P.L.102-2007, SEC.5; P.L.157-2007, SEC.3;P.L.225-2007, SEC.12.
IC 36-2-14-6.3
Coroner notification of child deaths; coroner consultation withchild death pathologist; suspicious, unexpected, or unexplainedchild deaths; autopsy
Sec. 6.3. (a) A coroner shall immediately notify:
(1) the county office of the department of child services byusing the statewide hotline for the department; and
(2) either:
(A) the local child fatality review team; or
(B) if the county does not have a local child fatality reviewteam, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of age,or appears to be less than eighteen (18) years of age and who hasdied in an apparently suspicious, unexpected, or unexplained manner.
(b) If a child less than eighteen (18) years of age dies in anapparently suspicious, unexpected, or unexplained manner, thecoroner shall consult with a child death pathologist to determinewhether an autopsy is necessary. If the coroner and the child deathpathologist disagree over the need for an autopsy, the countyprosecutor shall determine whether an autopsy is necessary. If theautopsy is considered necessary, a child death pathologist or apathology resident acting under the direct supervision of a childdeath pathologist shall conduct the autopsy within twenty-four (24)hours. If the autopsy is not considered necessary, the autopsy shallnot be conducted.
(c) If a child death pathologist and coroner agree under subsection(b) that an autopsy is necessary, the child death pathologist or apathology resident acting under the direct supervision of a childdeath pathologist shall conduct the autopsy of the child.
As added by P.L.225-2007, SEC.13. Amended by P.L.131-2009,SEC.75.
IC 36-2-14-6.5
Duty to make positive identification; manner of positiveidentification; exception
Sec. 6.5. (a) As used in this section, "DNA analysis" means anidentification process in which the unique genetic code of anindividual that is carried by the individual's deoxyribonucleic acid(DNA) is compared to genetic codes carried in DNA found in bodilysubstance samples obtained by a law enforcement agency in theexercise of the law enforcement agency's investigative function.
(b) As used in this section, "immediate family member" means,
with respect to a particular dead person, an individual who is at leasteighteen (18) years of age and who is one (1) of the following:
(1) The dead person's spouse.
(2) The dead person's child.
(3) The dead person's parent.
(4) The dead person's grandparent.
(5) The dead person's sibling.
(c) The coroner shall make a positive identification of a deadperson unless extraordinary circumstances described in subsection(d) exist. In making a positive identification, the coroner shalldetermine the identity of a dead person by one (1) of the followingmethods:
(1) Fingerprint identification.
(2) DNA analysis.
(3) Dental record analysis.
(4) Positive identification by at least one (1) of the deadperson's immediate family members if the dead person's bodyis in a physical condition that would allow for the dead personto be reasonably recognized.
(d) For the purposes of subsection (c), extraordinarycircumstances exist if, after a thorough investigation, the coronerdetermines that identification of the dead person is not possibleunder any of the four (4) methods described in subsection (c).
As added by P.L.157-2007, SEC.4.
IC 36-2-14-6.7
Autopsies of children who may have died of sudden infant deathsyndrome; autopsy reports
Sec. 6.7. (a) This section applies to a child who:
(1) died suddenly and unexpectedly;
(2) was less than three (3) years of age at the time of death; and
(3) was in apparent good health before dying.
(b) A child death pathologist or a pathology resident acting underthe direct supervision of a child death pathologist shall conduct anautopsy of a child described in subsection (a).
(c) A county coroner may not certify the cause of death of a childdescribed in subsection (a) until an autopsy is performed at countyexpense.
(d) The county coroner shall contact the parent or guardian of achild described in subsection (a) and notify the parent or guardianthat an autopsy will be conducted at county expense.
(e) The child death pathologist shall:
(1) ensure that a tangible summary of the autopsy results isprovided;
(2) provide informational material concerning sudden infantdeath syndrome; and
(3) unless the release of autopsy results would jeopardize a lawenforcement investigation, provide notice that a parent orguardian has the right to receive the preliminary autopsy results;
to the parents or guardian of the child within one (1) week after the
autopsy.
(f) If a parent or guardian of a child described in subsection (a)requests the autopsy report of the child, the coroner shall provide theautopsy report to the parent or guardian within thirty (30) days afterthe:
(1) request; or
(2) completion of the autopsy report;
whichever is later, at no cost.
(g) A coroner shall notify:
(1) a local child fatality review team; or
(2) if the county does not have a local child fatality reviewteam, the statewide child fatality review committee;
of the death of a child described in subsection (a).
As added by P.L.225-2007, SEC.14.
IC 36-2-14-7
Examination of witnesses; service of physician; payment
Sec. 7. (a) At an investigation under this chapter, the coroner shallexamine persons wanting to testify and may examine persons he hassummoned by his subpoena. Witnesses shall answer under oath allquestions concerning the death under investigation.
(b) If a physician is required to attend an investigation and makea post mortem examination, the coroner shall certify this service tothe county executive, which shall order payment for the physicianfrom the county treasury.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-8
Witness fees
Sec. 8. A witness testifying before a county coroner is entitled tothe same fees as a witness testifying in the circuit court for thecounty.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.25.
IC 36-2-14-9
Witness testimony
Sec. 9. The testimony of each witness at a coroner's investigationshall be reduced to writing and signed by him. The coroner shall, byrecognizance in a reasonable sum, bind any witness whose testimonyrelates to the trial of a person concerned in the death to give evidencein court and shall send the written evidence and recognizance of thewitness to the court. The coroner shall commit to the county jail awitness who refuses to enter into the recognizance required by thissection.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-10
Coroner's verdict and report; autopsy records; confidentiality
Sec. 10. (a) After viewing the body, hearing the evidence, and
making all necessary inquiries, the coroner shall draw up and sign hisverdict on the death under consideration. The coroner shall alsomake a written report giving an accurate description of the deceasedperson, his name if it can be determined, and the amount of moneyand other property found with the body. The verdict and the writtenreport are subject to inspection and copying under IC 5-14-3-3.
(b) Except as provided in subsections (c), (d), and (e), aphotograph, video recording, or audio recording of an autopsy in thecustody of a medical examiner is declared confidential for purposesof IC 5-14-3-4(a)(1).
(c) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, thesurviving parents shall have access to the records under this section.If there is no surviving spouse or parent, an adult child shall haveaccess to the records.
(d) Upon making a written request, a unit (as defined inIC 36-1-2-23), the state, an agency of the state, the federalgovernment, or an agency of the federal government, while inperformance of their official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance ofofficial duties, the identity of the deceased must remain confidential.
(e) The coroner or the coroner's designee having custody of aphotograph, a video recording, or an audio recording of an autopsymay use or allow the use of the photograph, video recording, or audiorecording of the autopsy for case consultation with a pathologist orforensic scientist. The coroner or the coroner's designee havingcustody of a photograph, a video recording, or an audio recording ofan autopsy may also use or allow the use of the photograph, videorecording, or audio recording for training or educational purposes (asdefined in IC 16-39-7.1-1.5) if all information that identifies theindividual on whom the autopsy was performed is masked orremoved from the photograph, video recording, or audio recording.For purposes of this subsection, information that identifies anindividual consists of:
(1) the name;
(2) the address;
(3) the Social Security number;
(4) a full view of the face; or
(5) identifying marks on the body that are unrelated to themedical condition or medical status;
of the deceased individual. A coroner or coroner's designee whoallows the use of autopsy information under this subsection has aduty to disclose to each person to whom the coroner or coroner'sdesignee releases it that the information is confidential and may notbe used for a purpose other than the purpose for which it wasoriginally released. Information disclosed under this subsection is
confidential. A coroner or coroner's designee who fails to disclosethe confidentiality restrictions of this information commits a ClassA misdemeanor.
(f) Except as provided in subsection (e), the coroner or thecoroner's designee having custody of a photograph, a video, or anaudio recording of an autopsy may not permit a person to:
(1) view or copy the photograph or video recording; and
(2) listen to or copy the audio recording;
of an autopsy without a court order.
(g) A court, upon a showing of good cause, may issue an orderauthorizing a person to:
(1) view or copy a photograph or video recording; and
(2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations thatthe court considers appropriate.
(h) In determining good cause under subsection (g), the court shallconsider:
(1) whether the disclosure is necessary for the public evaluationof governmental performance;
(2) the seriousness of the intrusion into the family's right toprivacy;
(3) whether the disclosure of the photograph, video recording,or audio recording is by the least intrusive means available; and
(4) the availability of similar information in other publicrecords, regardless of form.
(i) In all cases, the viewing, copying, listening to, or otherhandling of a photograph, video recording, or audio recording of anautopsy must be under the direct supervision of the coroner, or thecoroner's designee, who is the custodian of the record.
(j) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to viewor copy a photograph or video recording of an autopsy or apetition to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy aphotograph or video recording of an autopsy or a petition tolisten to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and heardat any hearing on the matter.
(k) If there is no surviving spouse, the notice under subsection (j)must be given to the deceased's parents, and if the deceased has noliving parent, the notice must be given to the adult children of thedeceased.
(l) A coroner or coroner's designee who:
(1) is the custodian of a photograph, a video recording, or anaudio recording of an autopsy; and
(2) knowingly or intentionally violates this section;
commits a Class A misdemeanor.
(m) A person who knowingly or intentionally violates a courtorder issued under this section commits a Class A misdemeanor.
(n) A person who: (1) receives autopsy information under subsection (e); and
(2) knowingly or intentionally uses the information in a mannerother than the specified purpose for which it was released;
commits a Class A misdemeanor.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.4-1994,SEC.22; P.L.271-2001, SEC.4; P.L.179-2003, SEC.6.
IC 36-2-14-11
Property or money of deceased person subject to coroner'sinvestigation; found with body or at scene of death; takingpossession; publication; search for person entitled; delivery tocounty treasurer or sheriff
Sec. 11. (a) This section applies to money or other personalproperty:
(1) owned by a deceased person whose death is subject to acoroner's investigation; or
(2) found:
(A) on a body; or
(B) at the scene of death.
(b) If money or personal property is not claimed by a personentitled to them, the coroner shall do the following:
(1) Take possession of the property.
(2) Publish, in accordance with IC 5-3-1, a description of thedeceased and the name of the deceased if known.
(3) Make a reasonable search to find a person who is entitled tothe money or other personal property.
(c) If, after complying with subsection (b), the coroner does notknow of a person entitled to the money, the coroner shall deliver themoney to the county treasurer for deposit in the county general fund.
(d) If, after complying with subsection (b), the coroner does notknow of a person entitled to the personal property other than moneythat has an intrinsic value, the coroner shall deliver the personalproperty to the sheriff for sale at any auction that the sheriff conductsunder law. The sheriff shall deposit the receipts from the auction ofthe personal property in the county general fund.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.45, SEC.11; P.L.141-1992, SEC.1.
IC 36-2-14-12
Repealed
(Repealed by P.L.225-2007, SEC.21.)
IC 36-2-14-12.5
Coroner requests to hospitals for blood or tissue samples
Sec. 12.5. (a) A coroner shall make all reasonable attempts topromptly identify human remains, including taking the followingsteps:
(1) Photograph the human remains before an autopsy isconducted.
(2) X-ray the human remains. (3) Photograph items found with the human remains.
(4) Fingerprint the remains, if possible.
(5) Obtain tissue, bone, or hair samples suitable for DNAtyping, if possible.
(6) Collect any other information relevant to identificationefforts.
(b) A coroner may not dispose of unidentified human remains ortake any other action that will materially affect the condition of theremains until the coroner has taken the steps described in subsection(a).
(c) If human remains have not been identified after thirty (30)days, the coroner or other person having custody of the remains shallrequest the state police to do the following:
(1) Enter information that may assist in the identification of theremains into:
(A) the National Crime Information Center (NCIC) database; and
(B) any other appropriate data base.
(2) Upload relevant DNA profiles from the remains to themissing persons data base of the State DNA Index System(SDIS) and the National DNA Index System (NDIS) aftercompletion of the DNA analysis and other procedures requiredfor data base entry.
(d) If unidentified human remains are identified as belonging toa missing person, the coroner shall:
(1) notify the law enforcement agency handling the missingpersons case that the missing person is deceased; and
(2) instruct the law enforcement agency to make documentedefforts to contact family members of the missing person.
(e) No person may order the cremation of unidentified humanremains.
As added by P.L.92-2007, SEC.6. Amended by P.L.225-2007,SEC.15.
IC 36-2-14-13
Immunity from civil liability; autopsy
Sec. 13. A person who in good faith orders or performs a medicalexamination or autopsy under statutory authority is immune fromcivil liability for damages for ordering or performing the examinationor autopsy.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-14
Repealed
(Repealed by P.L.225-2007, SEC.21.)
IC 36-2-14-15
Compensation
Sec. 15. When fixing the compensation of county officers underthis title, the county fiscal body shall fix: (1) compensation for the coroner as if he is licensed to practiceas a physician in Indiana; and
(2) compensation for the coroner as if he is not licensed topractice as a physician in Indiana.
The compensation fixed under subdivision (1) must be one andone-half (1 1/2) times that fixed under subdivision (2). The countyfiscal body shall then determine whether or not the coroner is alicensed physician and shall fix his compensation in the properamount.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-14-16
Counties over 400,000 population; disposition of unclaimed bodies
Sec. 16. (a) This section applies to each county having apopulation of more than four hundred thousand (400,000).
(b) For purposes of this section, a body is unclaimed if:
(1) a person cannot be located to take custody of the body; or
(2) there is a person to take custody of the body, but that personcannot or will not assume financial responsibility fordisposition of the body.
(c) Except as provided in IC 21-44-2, the coroner may order theburial or cremation of any unclaimed body left in the coroner'scustody.
(d) If the deceased died without leaving money or other meansnecessary to defray the funeral expenses, the coroner may contractwith a funeral director licensed under IC 25-15 to dispose of thebody. The necessary and reasonable expenses for disposing of thebody shall be paid by the county auditor upon the order of thecoroner.
As added by P.L.106-1986, SEC.3. Amended by P.L.3-1990,SEC.123; P.L.2-2007, SEC.385.
IC 36-2-14-17
Violent or suspicious death of person; failure to notify authoritiesof discovery of body or moving body from scene; offenses
Sec. 17. (a) A person who knowingly or intentionally fails toimmediately notify the coroner or a law enforcement agency of thediscovery of the body of a person who:
(1) has died from violence;
(2) has died in an apparently suspicious, unusual, or unnaturalmanner; or
(3) has died at less than three (3) years of age;
commits a Class B infraction. However, the failure to immediatelynotify under this subsection is a Class A misdemeanor if the personfails to immediately notify with the intent to hinder a criminalinvestigation.
(b) A person who, with the intent to hinder a criminalinvestigation and without the permission of the coroner or a lawenforcement officer, knowingly or intentionally alters the scene ofdeath of a person who has died: (1) from violence; or
(2) in an apparently suspicious, unusual, or unnatural manner;
commits a Class D felony.
As added by P.L.339-1987, SEC.2. Amended by P.L.225-2007,SEC.16.
IC 36-2-14-18
Public inspection and copying of information; investigatoryrecords; copies of autopsy; availability of report
Sec. 18. (a) Notwithstanding IC 5-14-3-4(b)(1), when a coronerinvestigates a death, the office of the coroner is required to makeavailable for public inspection and copying the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there isno address the location where the dead body was found and, ifdifferent, the address where the death occurred, or if there is noaddress the location where the death occurred.
(3) The name of the agency to which the death was reported andthe name of the person reporting the death.
(4) The name of any public official or governmental employeepresent at the scene of the death and the name of the personcertifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)limited to the date, the person who performed the autopsy,where the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the persondetermining the location to which the body was removed, andthe authority under which the decision to remove the body wasmade.
(7) The records required to be filed by a coroner under section6 of this chapter and the verdict and the written report requiredunder section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives aninvestigatory record from a law enforcement agency shall treat theinvestigatory record with the same confidentiality as the lawenforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coronershall make available a full copy of an autopsy report, other than aphotograph, a video recording, or an audio recording of the autopsy,upon the written request of a parent of the decedent, an adult child ofthe decedent, a next of kin of the decedent, or an insurance companyinvestigating a claim arising from the death of the individual uponwhom the autopsy was performed. A parent of the decedent, an adultchild of the decedent, a next of kin of the decedent, and an insurancecompany are prohibited from publicly disclosing any informationcontained in the report beyond that information that may otherwisebe disclosed by a coroner under this section. This prohibition does
not apply to information disclosed in communications in conjunctionwith the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coronershall make available a full copy of an autopsy report, other than aphotograph, a video recording, or an audio recording of the autopsy,upon the written request of:
(1) the director of the division of disability and rehabilitativeservices established by IC 12-9-1-1;
(2) the director of the division of mental health and addictionestablished by IC 12-21-1-1; or
(3) the director of the division of aging established byIC 12-9.1-1-1;
in connection with a division's review of the circumstancessurrounding the death of an individual who received services from adivision or through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coronershall make available, upon written request, a full copy of an autopsyreport, including a photograph, a video recording, or an audiorecording of the autopsy, to:
(1) the department of child services established byIC 31-25-1-1, including an office of the department located inthe county where the death occurred;
(2) the statewide child fatality review committee established byIC 31-33-25-6; or
(3) a county child fatality review team or regional child fatalityreview team established under IC 31-33-24-6 by the county orfor the county where the death occurred;
for purposes of an entity described in subdivisions (1) through (3)conducting a review or an investigation of the circumstancessurrounding the death of a child (as defined in IC 31-9-2-13(d)(1))and making a determination as to whether the death of the child wasa result of abuse, abandonment, or neglect. An autopsy report madeavailable under this subsection is confidential and shall not bedisclosed to another individual or agency, unless otherwiseauthorized or required by law.
(f) Except as provided in subsection (g), the information requiredto be available under subsection (a) must be completed not later thanfourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(g) The prosecuting attorney may petition a circuit or superiorcourt for an order prohibiting the coroner from publicly disclosingthe information required in subsection (a). The prosecuting attorneyshall serve a copy of the petition on the coroner.
(h) Upon receipt of a copy of the petition described in subsection(g), the coroner shall keep the information confidential until the courtrules on the petition.
(i) The court shall grant a petition filed under subsection (g) if the
prosecuting attorney proves by a preponderance of the evidence thatpublic access or dissemination of the information specified insubsection (a) would create a significant risk of harm to the criminalinvestigation of the death. The court shall state in the order thereasons for granting or denying the petition. An order issued underthis subsection must use the least restrictive means and durationpossible when restricting access to the information. Information towhich access is restricted under this subsection is confidential.
(j) Any person may petition the court to modify or terminate anorder issued under subsection (i). The petition for modification ortermination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) wouldnot create a significant risk to the criminal investigation of thedeath.
The person petitioning the court for modification or termination shallserve a copy of the petition on the prosecuting attorney and thecoroner.
(k) Upon receipt of a petition for modification or termination filedunder subsection (j), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any partyor upon the court's own motion, the court may close the hearing tothe public.
(l) If the person filing the petition for modification or terminationproves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) wouldnot create a significant risk to the criminal investigation of thedeath;
the court shall modify or terminate its order restricting access to theinformation. In ruling on a request under this subsection, the courtshall state the court's reasons for granting or denying the request.
As added by P.L.299-1989, SEC.1. Amended by P.L.4-1994, SEC.23;P.L.2-1995, SEC.129; P.L.2-1996, SEC.290; P.L.271-2001, SEC.5;P.L.243-2003, SEC.13; P.L.141-2006, SEC.113; P.L.102-2007,SEC.6; P.L.157-2007, SEC.5; P.L.225-2007, SEC.17; P.L.3-2008,SEC.257.
IC 36-2-14-19
Cornea donations
Sec. 19. (a) As used in this section, "cornea" includes cornealtissue.
(b) As used in this section, "decedent" means a person describedin section 6(a)(1) through 6(a)(5) of this chapter.
(c) As used in this section, "eye bank" means a nonprofitcorporation:
(1) organized under Indiana law;
(2) exempt from federal income taxation under Section 501 of
the Internal Revenue Code; and
(3) whose purposes include obtaining, storing, and distributingcorneas that are to be used for corneal transplants or for othermedical or medical research purposes.
(d) If under section 6(d) of this chapter the coroner requires anautopsy to be performed upon a decedent, the coroner may authorizethe removal of one (1) or both of the decedent's corneas for donationto an eye bank for transplantation, if the following conditions exist:
(1) The decedent's corneas are not necessary for successfulcompletion of the autopsy.
(2) The decedent's corneas are not necessary for use asevidence.
(3) Removal of the decedent's corneas will not alter thepostmortem facial appearance of the decedent.
(4) A representative of the eye bank, authorized by the trusteesof the eye bank to make requests for corneas, has done thefollowing:
(A) Within six (6) hours after the time of death, made areasonable attempt to:
(i) contact any of the persons listed in the order of priorityspecified in IC 29-2-16.1-8; and
(ii) inform the person of the effect of the removal of thedecedent's corneas on the physical appearance of thedecedent.
(B) Submitted to the coroner:
(i) a written request for the donation by the coroner ofcorneas of the decedent subject to autopsy under section6(d) of this chapter; and
(ii) a written certification that corneas donated under thissection are intended to be used only for cornea transplant.
(5) The removal of the corneas and their donation to the eyebank will not alter a gift made by:
(A) the decedent when alive; or
(B) any of the persons listed in the order of priority specifiedin IC 29-2-16.1-8;
to an agency or organization other than the eye bank making therequest for the donation.
(6) The coroner, at the time the removal and donation of adecedent's corneas is authorized, does not know of anyobjection to the removal and donation of the decedent's corneasmade by:
(A) the decedent, as evidenced in a written documentexecuted by the decedent when alive; or
(B) any of the persons listed in the order of priority specifiedin IC 29-2-16.1-8.
(e) A person, including a coroner and an eye bank and the eyebank's representatives, who exercises reasonable care in complyingwith subsection (d)(6) is immune from civil liability arising fromcornea removal and donation allowed under this section.
(f) A person who authorizes the donation of a decedent's corneas
may not be charged for the costs related to the donation. Therecipient of the donation is responsible for the costs related to thedonation.
As added by P.L.36-1993, SEC.6. Amended by P.L.147-2007,SEC.19.
IC 36-2-14-20
Billing counties for costs of autopsies
Sec. 20. (a) As used in this section, "autopsy" means the externaland surgical internal examination of all body systems of a decedent,including toxicology and histology.
(b) Except as provided in subsection (b) and IC 4-24-4-1, if anIndiana resident:
(1) dies in an Indiana county as a result of an incident thatoccurred in another Indiana county; and
(2) is the subject of an autopsy performed under the authorityand duties of the county coroner of the county where the deathoccurred;
the county coroner shall bill the county in which the incidentoccurred for the cost of the autopsy, including the physician feeunder section 6(d) of this chapter.
(c) Except as provided in subsection (b) and IC 4-24-4-1, paymentfor the costs of an autopsy requested by a party other than the:
(1) county prosecutor; or
(2) county coroner;
of the county in which the individual died must be made by the partyrequesting the autopsy.
(d) This section does not preclude the coroner of a county inwhich a death occurs from attempting to recover autopsy costs fromthe jurisdiction outside Indiana where the incident that caused thedeath occurred.
As added by P.L.271-2001, SEC.6. Amended by P.L.67-2003, SEC.1;P.L.225-2007, SEC.18.
IC 36-2-14-21
Coroners obtaining decedent's health records; coroners providehealth records to investigative units
Sec. 21. (a) As used in this section, "health records" meanswritten, electronic, or printed information possessed by a providerconcerning any diagnosis, treatment, or prognosis of the patient. Theterm includes mental health records, alcohol and drug abuse records,and emergency ambulance service records.
(b) As used in this section, "provider" has the meaning set forthin IC 16-18-2-295(b).
(c) As part of a medical examination or autopsy conducted underthis chapter, a coroner may obtain a copy of the decedent's healthrecords.
(d) Except as provided in subsection (e), health records obtainedunder this section are confidential.
(e) The coroner may provide the health records of a decedent that
were obtained under this section to a prosecuting attorney or lawenforcement agency that is investigating the individual's death.Health records received from a coroner under this subsection areconfidential.
(f) A person who receives confidential records or informationunder this section and knowingly or intentionally discloses therecords or information to an unauthorized person commits a Class Amisdemeanor.
As added by P.L.28-2002, SEC.3. Amended by P.L.1-2007, SEC.240.
IC 36-2-14-22
Providing climate controlled environment
Sec. 22. A coroner shall exercise reasonable care in providing aclimate controlled environment for the purpose of retardingdecomposition of a human body in the coroner's custody.
As added by P.L.58-2007, SEC.1.
IC 36-2-14-22.1
Coroner requests to hospitals for blood or tissue samples
Sec. 22.1. (a) Upon the request of a coroner who is conducting orwill conduct a death investigation on an individual who is admittedor was admitted to a hospital, the hospital shall provide a sample ofthe individual's blood or tissue to the coroner.
(b) A coroner does not need to obtain a warrant to request a bloodor tissue sample under this section.
As added by P.L.225-2007, SEC.19.
IC 36-2-14-22.2
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 36-2-14-22.3
Training courses for coroners and deputy coroners
Sec. 22.3. (a) The coroners training board established byIC 4-23-6.5-3, in consultation with the Indiana law enforcementacademy, shall create and offer a training course for coroners anddeputy coroners. The training course must include:
(1) at least forty (40) hours of instruction; and
(2) instruction regarding:
(A) death investigation;
(B) crime scenes; and
(C) preservation of evidence at a crime scene for police andcrime lab technicians.
(b) The coroners training board, in consultation with the Indianalaw enforcement academy, shall create and offer an annual trainingcourse for coroners and deputy coroners. The annual training coursemust:
(1) include at least eight (8) hours of instruction; and
(2) cover recent developments in:
(A) death investigation; (B) crime scenes; and
(C) preservation of evidence at a crime scene for police andcrime lab technicians.
(c) In creating the courses under subsections (a) and (b), thecoroners training board shall consult with a pathologist certified bythe American Board of Pathology regarding medical issues that area part of the training courses.
(d) All training in the courses offered under subsections (a) and(b) that involves medical issues must be approved by a pathologistcertified by the American Board of Pathology.
(e) All training in the courses offered under subsections (a) and(b) that involves crime scenes and evidence preservation must beapproved by a law enforcement officer.
(f) The coroners training board shall issue a coroner or deputycoroner a certificate upon successful completion of the coursesdescribed in subsections (a) and (b).
As added by P.L.3-2008, SEC.258.
IC 36-2-14-22.4
Organ and tissue procurement
Sec. 22.4. A coroner shall follow the procedures set forth inIC 29-2-16.1 concerning organ and tissue procurement.
As added by P.L.3-2008, SEC.259.
IC 36-2-14-22.6
Information requests; medicolegal examinations; interference withpostmortem examinations; denial of recovery
Sec. 22.6. (a) Upon request of a procurement organization, acoroner shall release to the procurement organization the name,contact information, and available medical and social history of adecedent whose body is under the jurisdiction of the coroner. If thedecedent's body or part is medically suitable for transplantation,therapy, research, or education, the coroner shall release postmortemexamination results to the procurement organization. Theprocurement organization may make a subsequent disclosure of thepostmortem examination results or other information received fromthe coroner only if relevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination byreviewing all medical records, laboratory test results, x-rays, otherdiagnostic results, and other information that any person possessesabout a donor or prospective donor whose body is under thejurisdiction of the coroner which the coroner determines may berelevant to the investigation.
(c) A person that has any information requested by a coronerunder subsection (b) shall provide that information as expeditiouslyas possible to allow the coroner to conduct the medicolegalinvestigation within a period compatible with the preservation ofparts for the purpose of transplantation, therapy, research, oreducation.
(d) If an anatomical gift has been or might be made of a part of a
decedent whose body is under the jurisdiction of the coroner and apostmortem examination is not required, or the coroner determinesthat a postmortem examination is required but that the recovery ofthe part that is the subject of an anatomical gift will not interferewith the examination, the coroner and procurement organization shallcooperate in the timely removal of the part from the decedent for thepurpose of transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under thejurisdiction of the coroner has been or might be made, but thecoroner, in consultation with a pathologist, initially believes that therecovery of the part could interfere with the postmorteminvestigation into the decedent's cause or manner of death or interferewith the preservation or collection of evidence, the coroner andpathologist shall consult with the procurement organization orphysician or technician designated by the procurement organizationabout the proposed recovery. After consultation, the coroner mayallow the recovery, delay the recovery, or deny the recovery.
(f) Before the removal procedure, the coroner or designee mayallow recovery by the procurement organization to proceed, or, if thecoroner or designee reasonably believes that the part may beinvolved in determining the decedent's cause or manner of death or,in tissue procurement cases, if the coroner or designee determinesthat, for evidentiary purposes, the body must remain undisturbedprior to autopsy, deny recovery by the procurement organization. Thecoroner or designee must be present at the scene before denying therecovery of a part. When practicable, the coroner and pathologistshall work with the procurement organization to facilitate removal ofa part following any postmortem examination of the decedent.
(g) If the coroner or designee denies recovery under subsection (e)or (f), the coroner or designee shall:
(1) explain in a record the specific reasons for not allowingrecovery of the part;
(2) include the specific reasons in the records of the coroner andforensic pathologist; and
(3) provide a record with the specific reasons to theprocurement organization and the state department of health.
(h) If the coroner or designee allows recovery of a part undersubsection (d), (e), or (f), the procurement organization shall do thefollowing:
(1) At the request of the coroner or designee and whenpracticable, perform diagnostic studies that would aid indocumenting the presence or absence of injuries.
(2) Cause the physician or technician who removes the part toexplain in a signed record the condition of the part, includingthe presence or absence of any injuries to the part or anysurrounding tissue or organs.
(3) Provide a copy of the record described in subdivision (2) tothe coroner and the investigating law enforcement agency.
(4) Cause the physician or technician who removes the part tophotograph, collect, preserve, and maintain the appropriate
chain of custody of any evidence that is found duringprocurement.
(5) Cause the physician or technician who removes the part tocollect blood and other bodily fluid samples as directed by thecoroner or designee.
(6) Cause the physician or technician who removes the part to,upon the request of the coroner or designee, photograph, biopsy,or provide any other information and observations concerningthe part or body that would assist in the postmortemexamination.
(i) If a coroner or designee must:
(1) be present at a removal procedure under subsection (f); or
(2) perform duties at times other than those that are usual andcustomary for the coroner or designee to maximize tissue or eyerecovery under IC 29-2-16.1-21(b);
at the request of the coroner or designee, the procurementorganization that requested the recovery of the part shall reimbursethe coroner or designee for the additional costs incurred by thecoroner or designee to comply with subsection (f) orIC 29-2-16.1-21(b).
As added by P.L.147-2007, SEC.20.
IC 36-2-14-23
Requirement that coroner and deputy coroner complete course;auditor to withhold pay if course not timely completed; withheldpay released upon successful completion of course; exception
Sec. 23. (a) Each coroner shall successfully complete the trainingcourse offered under section 22.3(a) of this chapter within six (6)months after taking office.
(b) Each deputy coroner shall successfully complete the trainingcourse offered under section 22.3(a) of this chapter within one (1)year after beginning employment with a coroner's office.
(c) Each coroner and each deputy coroner shall successfullycomplete the annual training course offered under section 22.3(b) ofthis chapter each year after the year in which the coroner or deputycoroner received the training required by section 22.3(a) of thischapter.
(d) After a coroner or deputy coroner has:
(1) successfully completed the training course as required undersubsection (a) or (b); and
(2) successfully completed the annual training course asrequired under subsection (c);
the coroner or deputy coroner shall present a certificate or otherevidence to the county executive, or in the case of a county thatcontains a consolidated city, the city-county council, that the coroneror deputy coroner has successfully completed the training requiredunder subsection (a), (b), or (c).
(e) If a coroner or deputy coroner does not present a certificate orother evidence to the county executive, or in the case of a county thatcontains a consolidated city, the city-county council, that the coroner
or deputy coroner has successfully completed the training requiredunder subsection (a), (b), or (c), the county executive or city-countycouncil shall order the auditor to withhold the paycheck of thecoroner or deputy coroner until the coroner or deputy coronersatisfies the respective training requirements under subsections (a),(b), and (c), unless the county executive or city-county counciladopts a resolution finding that:
(1) the failure of the coroner or deputy coroner to complete therespective training requirements under subsections (a), (b), and(c) is the result of unusual circumstances;
(2) the coroner or deputy coroner is making reasonableprogress, under the circumstances, toward completing therespective training requirements under subsections (a), (b), and(c); and
(3) in light of the unusual circumstances described insubdivision (1), withholding the paycheck of the coroner ordeputy coroner would be unjust.
(f) If the county executive or city-county council orders an auditorto withhold a paycheck under subsection (e) and a coroner or deputy