SB434 Alabama 2010 Session

Summary

Primary Sponsor

Bobby Denton

Democrat

Session

Regular Session 2010

Title

Coroners and deputy coroners, duties, reimbursement of physicians and surgeons, delivery of deceased's possessions to county treasurer, limitations on coroner's investigation, power and authority of peace officer, provision for fees for certain examinations by physicians and surgeons repealed, penalties, Secs. 15-4-2, 15-4-10 am'd.; Sec. 15-4-11 repealed

Description

Under existing law, the coroner examines the body of a deceased person and makes a report.

This bill would further provide for the duties of coroner and deputy coroner as to performing an autopsy, and obtaining possession of any objects, medical specimens, or articles that may be helpful in establishing the cause of death.

Existing law provides for the money and property of the deceased to be delivered to the county treasurer within 30 days by the coroner.

This bill would make it 90 days.

This bill would provide for limitation of a corner's investigation.

Under existing law, a coroner does not have the full power and authority of a peace officer.

This bill would give such power and authority to a coroner.

Under existing law, a surgeon or physician summoned by a coroner to make a postmortem examination receives $5 and for each mile of travel receives 10 cents or to perform an autopsy or internal examination, he or she receives $25 and not the $5 for the external postmortem.

This bill would repeal this provision.

This bill would provide penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Coroners