BILL REQ. #:  H-3535.1 

Read first time 01/13/12.   Referred to Committee on Judiciary.

     AN ACT Relating to religious objection to autopsy; and adding a new section to chapter 36.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.24 RCW to read as follows:
     (1) In the absence of a compelling public necessity, no dissection or autopsy shall be performed over the objection of a surviving relative or friend of the deceased that the procedure is contrary to the religious belief of the decedent, or if there is otherwise reason to believe that a dissection or autopsy is contrary to the decedent's religious beliefs.
     (2) For the purposes of this section:
     (a) "Compelling public necessity" means:
     (i) That the autopsy is essential to the conduct of the criminal investigation of a homicide of which the decedent is the victim;
     (ii) That discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health and that an autopsy is essential to ascertain the cause of death; or
     (iii) That the need for an autopsy is established in accordance with subsection (5) of this section.
     (b) "Friend" means any person who, prior to the decedent's death, maintained such regular contact with the decedent as to be familiar with his or her activities, health, and religious beliefs and who presents an affidavit stating the facts and circumstances upon which the claim that he or she is a friend is based, the religious affiliation of the decedent, if any, that the decedent had religious objections to an autopsy, the basis for such belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.
     (c) "Relative" means the person most closely related to the decedent by consanguinity or affinity. In the event such person is unavailable, the objection may be raised on his or her behalf by the next most closely related person. The official who has authority to order an autopsy of the decedent's body may require a relative to present an affidavit stating his or her relationship to the decedent, the religious affiliation of the decedent, if any, that the decedent had religious objections to an autopsy, the basis for such belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.
     (3) All autopsies performed pursuant to this section shall be the least intrusive procedure consistent with the compelling state interest.
     (4) No autopsy shall be performed over the objection of a surviving friend or relative that the autopsy is contrary to the religious beliefs of the deceased, or where there is otherwise reason to believe that an autopsy is contrary to the decedent's religious beliefs, until notice thereof is given to the friend or next of kin, or until forty-eight hours have elapsed, whichever is greater, to permit an objecting party to institute legal proceedings to determine the propriety of the autopsy. However, a court upon an ex parte motion may dispense with the waiting period if it determines that the delay may prejudice the accuracy of the autopsy or if the objecting party is a suspect in the homicide.
     (5) Whenever any coroner or medical examiner deems it necessary to perform an autopsy over the objection of a surviving friend or relative that the autopsy is contrary to the religious beliefs of the deceased, or where there is otherwise reason to believe that an autopsy is contrary to the decedent's religious beliefs, in circumstances not provided for in subsection (2)(a)(i) and (ii) of this section, he or she may institute a special proceeding, without a fee, in the superior court of the county in which the autopsy is to be performed, for an order authorizing the autopsy. The special proceeding shall be determined summarily upon the petition and such oral or written proof as may be offered by the parties. The court shall grant the relief sought in the petition if it finds that the coroner or medical examiner has established a demonstrable need for the autopsy. If the petition is denied, and no stay is granted by the court, the body shall immediately be released for burial to the surviving friend or relative.