BILL REQ. #:  S-3214.3 

Read first time 01/11/12.   Referred to Committee on Judiciary.

     AN ACT Relating to county coroners; amending RCW 36.24.010, 36.24.020, 36.24.030, 36.24.040, 36.24.050, 36.24.070, 36.24.080, 36.24.100, and 36.24.150; and repealing RCW 36.24.110, 36.24.120, and 36.24.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 36.24.010 and 2009 c 549 s 4031 are each amended to read as follows:
     The coroner shall perform the duties of the sheriff in all cases where the sheriff is ((interested or otherwise)) incapacitated from serving; and whenever the coroner acts as sheriff he or she shall possess the powers and perform all the duties of sheriff, and shall be liable on his or her official bond in like manner as the sheriff would be, and shall be entitled to the same fees as are allowed by law to the sheriff for similar services: PROVIDED, That nothing herein contained shall prevent the court from appointing a suitable person to discharge such duties, as provided by RCW 36.28.090.

Sec. 2   RCW 36.24.020 and 2009 c 549 s 4032 are each amended to read as follows:
     Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the death of a person was unnatural, or violent, or resulted from unlawful means, or from suspicious circumstances, or was of such a nature as to indicate the possibility of death by the hand of the deceased or through the instrumentality of some other person: PROVIDED, That, except under suspicious circumstances, no inquest shall be held following a traffic death.
     The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court to provide persons to serve as a jury of inquest to hear all the evidence concerning the death and to inquire into and render a true verdict on the cause of death. Jurors shall be selected and summoned in the same manner and shall have the same qualifications as specified in chapter 2.36 RCW. The prosecuting attorney having jurisdiction shall be notified in advance of any such inquest to be held, and at his or her discretion may be present at and assist the coroner in the conduct of the ((same)) inquest. The coroner may adjourn the inquest from time to time as he or she may deem necessary.
     The costs of inquests shall be borne by the county ((in which)) that convened the inquest ((is held)).

Sec. 3   RCW 36.24.030 and 1987 c 202 s 202 are each amended to read as follows:
     Every person summoned as a juror who fails to appear without having a reasonable excuse shall ((forfeit a sum not exceeding twenty dollars, to be recovered by the coroner, in the name of the state, before any district judge of the county. The penalty when collected shall be paid over to the county treasurer for the use of the county)) be subject to the penalties provided in RCW 2.36.170.

Sec. 4   RCW 36.24.040 and 2009 c 549 s 4033 are each amended to read as follows:
     When four or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means he or she came to his or her death, and into the circumstances attending his or her death, and to render a true verdict ((therein)), according to the evidence afforded them, or arising from the inspection of the body.

Sec. 5   RCW 36.24.050 and 1987 c 202 s 203 are each amended to read as follows:
     The coroner may issue subpoenas for witnesses returnable ((forthwith or)) at such time and place as the coroner may appoint, which may be served by any competent person. The coroner must summon and examine as witnesses, on oath administered by the coroner, every person, who, in his or her opinion or that of any of the jury, has any knowledge of the facts. A witness served with a subpoena may be compelled to attend and testify, or be punished ((by the coroner for disobedience, in like manner as upon a subpoena issued by a district judge)) as provided in chapter 5.56 RCW.

Sec. 6   RCW 36.24.070 and 2009 c 549 s 4034 are each amended to read as follows:
     After hearing the testimony, the jury shall render its verdict and certify the same in writing signed by the jurors, and setting forth who the person killed is, if known, and when, where and by what means he or she came to his or her death; or if he or she was killed, or his or her death was occasioned by the act of another by criminal means, who is guilty ((thereof)), if known.

Sec. 7   RCW 36.24.080 and 2009 c 549 s 4035 are each amended to read as follows:
     In all cases where murder or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner's jury shall be reduced to writing by the coroner, or under his or her direction, and he or she shall ((also recognize such witnesses to appear and testify in the superior court of the county, and shall forthwith file)) forward the written testimony, inquisition, and recognizance ((with the clerk of such court)), along with all other evidence in his or her possession, to the prosecuting attorney.

Sec. 8   RCW 36.24.100 and 1963 c 4 s 36.24.100 are each amended to read as follows:
     If the jury finds that the person was killed and the party committing the homicide is ascertained by the inquisition, but is not in custody, the coroner ((shall issue a warrant for the arrest of the person charged, returnable forthwith to the nearest magistrate)) may request the superior court of the county that convened the inquest to issue a warrant for the arrest of the person indicated by the coroner's inquest as having committed the homicide. The warrant must be supported by sufficient admissible evidence which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder.

Sec. 9   RCW 36.24.150 and 1963 c 4 s 36.24.150 are each amended to read as follows:
     If the money in the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them after deducting the fees and expenses of the coroner and of the county in relation to the matter, or the ((same)) money may be ((so)) paid at any time thereafter, upon the order of the board of county commissioners of the county.

NEW SECTION.  Sec. 10   The following acts or parts of acts are each repealed:
     (1) RCW 36.24.110 (Form of warrant) and 2009 c 549 s 4037 & 1963 c 4 s 36.24.110;
     (2) RCW 36.24.120 (Service of warrant) and 1963 c 4 s 36.24.120; and
     (3) RCW 36.24.090 (Procedure where accused is under arrest) and 2009 c 549 s 4036 & 1963 c 4 s 36.24.090.