House Bill 376

AN ACT TO REQUIRE THE COUNTY CORONER TO NOTIFY PROMPTLY THE STATE FIRE MARSHAL OF A FIRE RELATED DEATH; TO PROVIDE THE STATE FIRE MARSHAL WITH THE ABILITY TO PETITION THE COURTS FOR AN AUTOPSY IN FIRE RELATED DEATHS; AND FOR RELATED PURPOSES.

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

SECTION 1. Upon the death of any person where it appears the death was caused by fire, the coroner of the county in which the body of the deceased is found shall notify promptly the State Fire Marshal of the death. No person shall disturb the body at the scene of the death until authorized by the State Fire Marshal. For the limited purposes of this section, expression of an opinion that death has occurred may be made by a nurse, an emergency medical technician or any other competent person, in the absence of a physician.

SECTION 2. The State Fire Marshal may petition in like manner as is provided in Section 41-37-9 a circuit judge, chancellor or county judge in any county in which a person dies or where the body of such deceased person may be, and such circuit judge, chancellor or county judge may order an autopsy to be performed upon the body of such deceased person in the interest of public health and welfare in cases where the cause of death may have been due to fire but cannot be determined with reasonable certainty without an autopsy. In such cases, the same fees as specified in criminal investigations for the autopsy physician and chemist shall be allowed by the board of supervisors out of the general fund of the county in which such petition is filed, except that no fee shall be allowed and paid to any physician or chemist who is a regular salaried employee of the state or county. A copy of the report of the autopsy physician and chemist in such cases shall be filed with the clerk of the court in which such order was entered and with the State Fire Marshal.

SECTION 3. This act shall take effect and be in force from and after July 1, 2012.