H250 - Public Safety/Other Changes. (SL 2024-43)

Overview: Section 1 of S.L. 2024-43 repeals the provisions of existing law allowing the Office of the Chief Medical Examiner (OCME) to seek an administrative search warrant when a district attorney certifies the death in question is not under criminal investigation. The section clarifies that in all cases, the OCME retains the statutory authority to examine (i) the decedent's body, (ii) the decedent's medical records, (iii) the decedent's personal possessions associated with the death, and (iv) blood and tissue samples and diagnostic images of the decedent. In cases under criminal investigation, the OCME can examine any evidence permitted by the investigating authority. The OCME must provide a complete copy of the medical examiner file to a district attorney upon request. If a district attorney believes that the death may have been caused by certain controlled substances, the district attorney has 72 hours to notify the OCME so that a full autopsy can be performed.

This section becomes effective October 1, 2024.