House Bill 70

(As Passed the House)

AN ACT TO CREATE CHRISTIAN'S LAW; TO AMEND SECTION 41-61-61, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CONFIDENTIALITY OF PHOTOGRAPHS AND VIDEO AND AUDIO RECORDINGS OF AN AUTOPSY HELD BY A MEDICAL EXAMINER; TO PROVIDE EXCEPTIONS FOR THE DECEASED'S SURVIVING RELATIVES AND EXCEPTIONS FOR CRIMINAL OR ADMINISTRATIVE PROCEEDINGS; TO PROVIDE THAT A COURT MAY ORDER ANY PERSON TO VIEW SUCH RECORDS FOR GOOD CAUSE AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING A COURT ORDER; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as "Christian's Law."

SECTION 2. Section 41-61-61, Mississippi Code of 1972, is amended as follows:

41-61-61. (1) Upon the death of any person where that death affects the public interest, the medical examiner of the county in which the body of the deceased is found or, if death occurs in a moving conveyance, where the conveyance stops and death is pronounced, shall be notified promptly by any person having knowledge or suspicion of such a death, as provided in subsection (1) of Section 41-61-59. The medical examiner shall then notify the State Medical Examiner, in accordance with Section 41-61-63(2)(a). No person shall disturb the body at the scene of such a death until authorized by the medical examiner, unless the medical examiner is unavailable and it is determined by an appropriate law enforcement officer that the presence of the body at the scene would risk the integrity of the body or provide a hazard to the safety of others. 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.

(2) The discovery of anatomical material suspected of being part of the human body shall be promptly reported either (a) to the medical examiner of the county in which the material is found, who shall report the discovery to the State Medical Examiner, or (b) to the State Medical Examiner.

(3) A person who willfully moves, distributes or conceals a body or body part in violation of this section is guilty of a misdemeanor, and may be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment.

(4) Upon oral or written authorization of the medical examiner, if an autopsy is to be performed, the body shall be transported directly to an autopsy facility in a suitable secure conveyance, and the expenses of transportation shall be paid by the county for which the service is provided. The county may contract with individuals or make available a vehicle to the medical examiner or law enforcement personnel for transportation of bodies.

(5) (a) (i) For purposes of this subsection (5), the terms "medical examiner" and "custodian of record" means any district medical examiner or coroner as defined in Section 41-61-53, as well as any employee, deputy, or agent of a medical examiner or any other person who may obtain possession of a photograph or audio or video recording of an autopsy in the course of assisting a medical examiner in the performance of his or her official duties.

(ii) For purposes of this subsection "surviving relative" means and includes in the following order of priority, the spouse of the deceased, the surviving parents if there is no surviving spouse, an adult child of the deceased if there are no surviving parents or any surviving relative if all others named above are deceased.

(b) Except as otherwise provided in paragraph (c), a photograph, video or audio recording of an autopsy shall be confidential and may only be viewed, listened to or copied by a surviving relative as defined by this subsection (5)_and only in the order provided in such definition. The surviving relative may designate an agent in writing to obtain such records.

The custodian of record, or his or her designee, may not permit any other person, except an agent designated in writing by the surviving relative with whom authority rests to view, listen, copy or obtain such without a court order.

(i) A local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may view or copy a photograph or video recording or may listen to or copy an audio recording of an autopsy, and unless otherwise required in the performance of their duties, the identity of the deceased shall remain confidential and exempt.

(ii) 1. The court, upon a showing of good cause, may issue an order authorizing any person to view or copy a photograph or video recording of an autopsy or to listen to or copy an audio recording of an autopsy and may prescribe any restrictions or stipulations that the court deems appropriate. In determining good cause, the court shall consider whether such disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family's right to privacy and whether such disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form.

2. A surviving relative shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter.

(iii) Any governmental or private participant of a meeting of a multidisciplinary child protection team created under Section 43-15-51 may use the autopsy information only as authorized by Section 43-15-51.

(iv) A governmental organization may share victim information with necessary persons to accomplish the job duties or to satisfy statutory or constitutional requirements of disclosure.

(v) A medical examiner or custodian of record may use information from an autopsy for medical or scientific teaching or training, teaching or training law enforcement personnel, teaching or training attorneys, conferring with medical or scientific experts in the field of forensic science or publication in a scientific or medical journal or textbook only if the medical examiner or custodian of record is in lawful possession of the information used, and has redacted and removed all identifying characteristics and information of the deceased, including, but not limited to, the address, name, case number, medical record number, social security information and any other uniquely identifying information about the deceased.

(d) (i) Any custodian of the record who willfully and knowingly violates the provisions of this subsection shall be guilty of a felony punishable by a fine of Ten Thousand Dollars ($10,000.00), or imprisonment in the custody of the Department of Corrections for one (1) year, or both.

(ii) Any person who willfully and knowingly violates a court order issued pursuant to this section commits a felony punishable upon conviction by a fine of Ten Thousand Dollars ($10,000.00), or imprisonment in the custody of the Department of Corrections for one (1) year, or both.

(e) A criminal or administrative proceeding shall be exempt from the restrictions of this subsection (5), provided, however, that this paragraph (e) shall not be construed to prohibit a court in a criminal or administrative proceeding upon good cause shown from restricting or otherwise controlling the disclosure of an autopsy, crime scene, or similar photograph or video or audio recordings in the manner prescribed herein.

(f) In all cases, the viewing, copying, listening to or other handling of a photograph or video or audio recording of an autopsy must be under the direct supervision of the custodian of record or his or her designee.

(g) Create a cause of action for damages against the state or any of its agencies, officials, employees or political subdivisions.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.