Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 70
BY: Committee
AMEND by deleting lines 48 through 132 in its entirety and
insert in lieu thereof, the following:
(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.
(c) A photograph, video or audio recording of an autopsy may only be used in the following manner:
(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.