Passed by the Senate April 23, 2013 YEAS 47   ________________________________________ President of the Senate Passed by the House April 17, 2013 YEAS 96   ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5256 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/11/13.
AN ACT Relating to reports and records of autopsies and postmortems; amending RCW 68.50.105; adding a new section to chapter 68.50 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 68.50.105 and 2011 c 61 s 1 are each amended to read
as follows:
(1) Reports and records of autopsies or postmortems shall be
confidential, except that the following persons may examine and obtain
copies of any such report or record: The personal representative of
the decedent as defined in RCW 11.02.005, any family member, the
attending physician or advanced registered nurse practitioner, the
prosecuting attorney or law enforcement agencies having jurisdiction,
public health officials, the department of labor and industries in
cases in which it has an interest under RCW 68.50.103, or the secretary
of the department of social and health services or his or her designee
in cases being reviewed under RCW 74.13.640.
(2)(a) Notwithstanding the restrictions contained in this section
regarding the dissemination of records and reports of autopsies or
postmortems, nor the exemptions referenced under RCW 42.56.240(1),
nothing in this chapter prohibits a coroner, medical examiner, or his
or her designee, from publicly discussing his or her findings as to any
death subject to the jurisdiction of his or her office where actions of
a law enforcement officer or corrections officer have been determined
to be a proximate cause of the death, except as provided in (b) of this
subsection.
(b) A coroner, medical examiner, or his or her designee may not
publicly discuss his or her findings outside of formal court or inquest
proceedings if there is a pending or active criminal investigation, or
a criminal or civil action, concerning a death that has commenced prior
to the effective date of this section.
(3) The coroner, the medical examiner, or the attending physician
shall, upon request, meet with the family of the decedent to discuss
the findings of the autopsy or postmortem. For the purposes of this
section, the term "family" means the surviving spouse, state registered
domestic partner, or any child, parent, grandparent, grandchild,
brother, or sister of the decedent, or any person who was guardian of
the decedent at the time of death.
NEW SECTION. Sec. 2 A new section is added to chapter 68.50 RCW
to read as follows:
No coroner, medical examiner, or his or her designee shall be
liable, nor shall a cause of action exist, for any loss or damage based
upon the release of any information related to his or her findings
under RCW 68.50.105 if the coroner, medical examiner, or his or her
designee acted in good faith in attempting to comply with the
provisions of this chapter.
NEW SECTION. Sec. 3 This act takes effect January 1, 2014.