GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 2
HOUSE BILL 717
Committee Substitute Favorable 5/5/21
Short Title: Abolish Office of County Coroner. |
(Public) |
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Sponsors: |
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Referred to: |
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April 29, 2021
A BILL TO BE ENTITLED
AN ACT abolishing the office of county coroner in this state and making conforming changes to the relevant statutes.
The General Assembly of North Carolina enacts:
PART I. ABOLISH OFFICE OF COUNTY CORONER
SECTION 1. Chapter 152 of the General Statutes is repealed.
PART II. CONFORMING STATUTES
SECTION 2. G.S. 1‑313 reads as rewritten:
"§ 1‑313. Form of execution.
The execution must be directed to
the sheriff, or to the coroner clerk of court when the sheriff is
a party to or interested in the action. In those counties where the office
of coroner is abolished, or is vacant, and in which process is required to be
executed on the sheriff, the authority to execute such process shall be vested
in the clerk of court; however, the The clerk of court is hereby
empowered to designate and direct by appropriate order some person to act in
the clerk of court's stead to execute the same. process on the
sheriff. The execution must also be subscribed by the clerk of the court,
and must refer to the judgment, stating the county where the judgment roll or
transcript is filed, the names of the parties, the amount of the judgment, if
it is for money, the amount actually due thereon, and the time of docketing in
the county to which the execution is issued, and shall require the officer
substantially as follows:
…."
SECTION 3. G.S. 1A‑1, Rule 45, reads as rewritten:
"Rule 45. Subpoena.
…
(b) Service. –
(1) Manner. – Any subpoena
may be served by the sheriff, by the sheriff's deputy, by a coroner, or
by any person who is not a party and is not less than 18 years of age. Service
of a subpoena upon a person named therein shall be made by delivering a copy
thereof to that person or by registered or certified mail, return receipt
requested. Service of a subpoena for the attendance of a witness only may also
be made by telephone communication with the person named therein only by a
sheriff, or the sheriff's designee who is not less than 18 years of age
and is not a party, or a coroner.party.
…."
SECTION 4. G.S. 7A‑312 reads as rewritten:
"§ 7A‑312. Uniform fees for jurors; meals.
(a) A juror in the General
Court of Justice including a petit juror, or a coroner's juror, but
excluding a grand juror, shall receive twelve dollars ($12.00) for the first
day of service and twenty dollars ($20.00) per day afterwards, except that if
any person serves as a juror for more than five days in any 24‑month
period, the juror shall receive forty dollars ($40.00) per day for each day of
service in excess of five days. A grand juror shall receive twenty dollars
($20.00) per day. A juror required to remain overnight at the site of the trial
shall be furnished adequate accommodations and subsistence. If required by the
presiding judge to remain in a body during the trial of a case, meals shall be
furnished the jurors during the period of sequestration. Jurors from out of the
county summoned to sit on a special venire shall receive mileage at the same
rate as State employees. Persons summoned as jurors shall be exempt during their
period of service from paying a ferry toll required under G.S. 136‑82
to travel to and from their homes and the site of that service.
…."
SECTION 5. G.S. 14‑230 reads as rewritten:
"§ 14‑230. Willfully failing to discharge duties.
(a) If any clerk of any
court of record, sheriff, magistrate, school board member, county commissioner,
county surveyor, coroner, treasurer, or official of any of the State
institutions, or of any county, city or town, shall willfully omit, neglect or
refuse to discharge any of the duties of his office, for default whereof it is
not elsewhere provided that he shall be indicted, he shall be guilty of a Class
1 misdemeanor. If it shall be proved that such officer, after his
qualification, willfully and corruptly omitted, neglected or refused to
discharge any of the duties of his office, or willfully and corruptly violated
his oath of office according to the true intent and meaning thereof, such
officer shall be guilty of misbehavior in office, and shall be punished by
removal therefrom under the sentence of the court as a part of the punishment
for the offense.
…."
SECTION 6. G.S. 14‑240 reads as rewritten:
"§ 14‑240. District attorney to prosecute officer for escape.
It shall be the duty of district
attorneys, when they shall be informed or have knowledge of any felon, or
person otherwise charged with any crime or offense against the State, having
within their respective districts escaped out of the custody of any sheriff,
deputy sheriff, coroner, or jailer, to take the necessary measures to
prosecute such sheriff or other officer so offending."
SECTION 7. G.S. 17‑18 reads as rewritten:
"§ 17‑18. Attachment against sheriff to be directed
to coroner; person designated in writ; procedure.
If a sheriff has neglected to
return the writ agreeably to the command thereof, the attachment against him
may be directed to the coroner or to any other person to be designated
therein, who shall have power to execute the same, and such sheriff, upon being
brought up, may be committed to the jail of any county other than his
own."
SECTION 8. G.S. 17‑19 reads as rewritten:
"§ 17‑19. Precept to bring up party detained.
The court or judge by whom any such
attachment may be issued may also at the same time, or afterwards, direct a
precept to any sheriff, coroner, sheriff or other person to be
designated therein, commanding him to bring forthwith before such court or
judge the party, wherever to be found, for whose benefit the writ of habeas
corpus has been granted."
SECTION 9. G.S. 17‑22 reads as rewritten:
"§ 17‑22. Power of county to aid service.
In the execution of any such
attachment, precept or writ, the sheriff, coroner, or other person to
whom it may be directed, may call to his aid the power of the county, as in
other cases."
SECTION 10. G.S. 17‑44 reads as rewritten:
"§ 17‑44. Applicant to pay expenses and give bond to return.
The service of the writ shall not
be complete, however, unless the applicant for the same tenders to the person
in whose custody the prisoner may be, if such person is a sheriff, coroner, sheriff
or marshal, the fees and expenses allowed by law for bringing such
prisoner, nor unless he also gives bond, with sufficient security, to such sheriff,
coroner, sheriff or marshal, as the case may be, conditioned that
such applicant will pay the charges of carrying back such prisoner."
SECTION 11. G.S. 39‑5 reads as rewritten:
"§ 39‑5. Official deed, when official selling or empowered to sell is not in office.
When a sheriff, coroner, sheriff
or tax collector, in virtue of his office, sells any real or personal
property and goes out of office before executing a proper deed therefor, he may
execute the same after his term of office has expired; and when he dies or
removes from the State before executing the deed, his successor in office shall
execute it. When a sheriff or tax collector dies having a tax list in his hands
for collection, and his personal representative or surety, in collecting the
taxes, makes sale according to law, his successor in office shall execute the
conveyance for the property to the person entitled."
SECTION 12. G.S. 58‑72‑10 reads as rewritten:
"§ 58‑72‑10. Condition and terms of official bonds.
Every treasurer, sheriff, coroner,
register of deeds, surveyor, and every other officer of the several
counties who is required by law to give a bond for the faithful performance of
the duties of his office, shall give a bond for the term of the office to which
such officer is chosen."
SECTION 13. G.S. 58‑76‑5 reads as rewritten:
"§ 58‑76‑5. Liability and right of action on official bonds.
Every person injured by the
neglect, misconduct, or misbehavior in office of any register, surveyor,
sheriff, coroner, county treasurer, or other officer, may institute a
suit or suits against said officer or any of them and their sureties upon their
respective bonds for the due performance of their duties in office in the name
of the State, without any assignment thereof; and no such bond shall become
void upon the first recovery, or if judgment is given for the defendant, but
may be put in suit and prosecuted from time to time until the whole penalty is
recovered; and every such officer and the sureties on the officer's official
bond shall be liable to the person injured for all acts done by said officer by
virtue or under color of that officer's office."
SECTION 14. G.S. 58‑76‑15 reads as rewritten:
"§ 58‑76‑15. Summary remedy on official bond.
When a sheriff, coroner, county
or town treasurer, or other officer, collects or receives any money by virtue
or under color of his office, and on demand fails to pay the same to the person
entitled to require the payment thereof, the person thereby aggrieved may move
for judgment in the superior court against such officer and his sureties for
any sum demanded; and the court shall try the same and render judgment at the
session when the motion shall be made, but 10 days' notice in writing of the
motion must have been previously given."
SECTION 14.5. G.S. 58‑76‑25 reads as rewritten:
"§ 58‑76‑25. Evidence against principal admissible against sureties.
In actions brought upon the
official bonds of sheriffs, coroners, sheriffs or other public
officers, and also upon the bonds of executors, administrators, collectors or
guardians, when it may be necessary for the plaintiff to prove any default of
the principal obligors, any receipt or acknowledgment of such obligors, or any
other matter or thing which by law would be admissible and competent for or
toward proving the same as against him, shall in like manner be admissible and
competent as presumptive evidence only against all or any of his sureties who
may be defendants with or without him in said actions."
SECTION 15. G.S. 58‑76‑30 reads as rewritten:
"§ 58‑76‑30. Officer liable for negligence in collecting debt.
When a claim is placed in the hands
of any sheriff or coroner for collection, and he does not use due
diligence in collecting the same, he shall be liable for the full amount of the
claim notwithstanding the debtor may have been at all times and is then able to
pay the amount thereof."
SECTION 16. G.S. 90‑210.25 reads as rewritten:
"§ 90‑210.25. Licensing.
…
(e) Revocation; Suspension; Compromise; Disclosure. –
…
No person licensed under this
Article shall remove or cause to be embalmed a dead human body when he or she
has information indicating crime or violence of any sort in connection with the
cause of death, nor shall a dead human body be cremated, until permission of
the State or county medical examiner has first been obtained. However,
nothing in this Article shall be construed to alter the duties and authority
now vested in the office of the coroner.
…."
SECTION 17. G.S. 90‑210.124 reads as rewritten:
"§ 90‑210.124. Authorizing agent.
(a) The following person, in the priority list below, shall have the right to serve as an "authorizing agent":
…
(2) If a decedent has left no written authorization for the cremation and disposition of the decedent's body as permitted under subdivision (1) of this subsection, the following competent persons in the order listed may authorize the type, method, place, cremation, and disposition of the decedent's body:
…
g. In the case of indigents
or any other individuals whose final disposition is the responsibility of the
State or any of its instrumentalities, a public administrator, medical
examiner, coroner, State‑appointed guardian, or any other public
official charged with arranging the final disposition of the decedent may serve
as the authorizing agent.
…."
SECTION 18. G.S. 128‑13 reads as rewritten:
"§ 128‑13. Officers compensated from fees in certain counties to render statement; penalty; proceeds to school fund.
Every clerk of the superior court,
register of deeds, sheriff, coroner, surveyor, or other county officer,
whose compensation or services performed shall be derived from fees, shall
render to the board of county commissioners of their respective counties, on
the first Monday in December of each year, a statement, verified under oath,
showing: first, the total gross amount of all fees collected during the
preceding fiscal year; second, the total amount paid out during the preceding
fiscal year for clerical or office assistance. Any county officer, subject to
this section, who refuses or fails to file such report as above provided, on or
before the first Monday in December, shall be subject to a fine of twenty‑five
dollars ($25.00) and ten dollars ($10.00) additional for each day or fraction
of a day such failure shall continue. The board of county commissioners shall
assess and collect the penalty above provided for, and supply same to the
general school fund of the county. The first report under this section shall be
for the fiscal year beginning December 12, 1913.
…."
SECTION 19. G.S. 130A‑389.1 reads as rewritten:
"§ 130A‑389.1. Photographs and video or audio recordings made pursuant to autopsy.
…
(c) The following persons may obtain copies of autopsy photographs or video or audio recordings but may not disclose the photographs or video or audio recordings to the public unless otherwise authorized by law:
…
(4) After redacting all
information identifying the decedent, including name, address, and social
security number, and after anonymizing any physical recognition, a medical
examiner, coroner, physician, or their designee who uses such material
for:
a. Medical or scientific teaching or training purposes;
b. Teaching or training of law enforcement personnel;
c. Teaching or training of attorneys or others with a bona fide professional need to use or understand forensic science;
d. Conferring with medical or scientific experts in the field of forensic science; or
e. Publication in a scientific or medical journal or textbook.
A medical examiner,
coroner, examiner or physician who has in good faith complied with
this subsection shall not be subject to any penalty under this section.
…."
SECTION 20. G.S. 130A‑394 is repealed.
SECTION 21. G.S. 130A‑420 reads as rewritten:
"§ 130A‑420. Authority to dispose of body or body parts.
…
(b) If a decedent has left no written authorization for the disposal of the decedent's body as permitted under subsection (a) of this section, the following competent persons in the order listed may authorize the type, method, place, and disposition of the decedent's body:
…
(7) In the case of indigents
or any other individuals whose final disposition is the responsibility of the
State or any of its instrumentalities, a public administrator, medical
examiner, coroner, State‑appointed guardian, or any other public
official charged with arranging the final disposition of the decedent.
…."
SECTION 22. G.S. 153A‑149 reads as rewritten:
"§ 153A‑149. Property taxes; authorized purposes; rate limitation.
…
(c) Each county may levy property taxes for one or more of the purposes listed in this subsection up to a combined rate of one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) appraised value of property subject to taxation. Authorized purposes subject to the rate limitation are:
…
(21) Medical Examiner. – To provide for the county
medical examiner or coroner.
…."
SECTION 23. G.S. 153A‑225 reads as rewritten:
"§ 153A‑225. Medical care of prisoners.
…
(b) If a prisoner in the
custody of a local confinement facility dies, the medical examiner and the
coroner shall be notified immediately, regardless of the physical location
of the prisoner at the time of death. Within five days after the day of the
death, the administrator of the facility shall make a written report to the
local or district health director and to the Secretary of Health and Human
Services. The report shall be made on forms developed and distributed by the
Department of Health and Human Services.
…."
SECTION 24. G.S. 162‑5 reads as rewritten:
"§ 162‑5. Vacancy filled; duties performed by coroner
or chief deputy.
If any vacancy occurs in the office
of sheriff, the coroner of the county chief deputy sheriff, or if
there is no chief deputy, then the senior deputy in years of service, shall
execute all process directed to the sheriff until the first meeting of the
county commissioners next succeeding such vacancy, when the board shall elect a
sheriff to supply the vacancy for the residue of the term, who shall possess
the same qualifications, enter into the same bond, and be subject to removal,
as the sheriff regularly elected. If the board should fail to fill such
vacancy, the coroner chief deputy sheriff, or if there is no chief
deputy, then the senior deputy in years of service, shall continue to
discharge the duties of sheriff until it shall be filled.
In those counties where the
office of coroner has been abolished, the chief deputy sheriff, or if there is
no chief deputy, then the senior deputy in years of service, shall perform all
the duties of the sheriff until the county commissioners appoint some person to
fill the unexpired term. In all counties the The regular deputy
sheriffs shall, during the interim of the vacancy, continue to perform their
duties with full authority."
SECTION 25. G.S. 162‑5.1 reads as rewritten:
"§ 162‑5.1. Vacancy filled in certain counties;
duties performed by coroner or chief deputy.
If any vacancy occurs in the office
of sheriff, the coroner of the county chief deputy sheriff, or if
there is no chief deputy, then the senior deputy in years of service, shall
execute all process directed to the sheriff until the board shall elect a
sheriff to supply the vacancy for the residue of the term, who shall possess the
same qualifications, enter into the same bond, and be subject to removal, as
the sheriff regularly elected. If the sheriff were elected as a nominee of a
political party, the board of commissioners shall consult the county executive
committee of that political party before filling the vacancy, and shall elect
the person recommended by the county executive committee of that party, if the
party makes a recommendation within 30 days of the occurrence of the vacancy.
If the board should fail to fill such vacancy, the coroner chief
deputy sheriff, or if there is no chief deputy, then the senior deputy in years
of service, shall continue to discharge the duties of sheriff until it
shall be filled.
In those counties where the
office of coroner has been abolished, the chief deputy sheriff, or if there is
no chief deputy, then the senior deputy in years of service, shall perform all
the duties of the sheriff until the county commissioners appoint some person to
fill the unexpired term. In all counties the The regular deputy
sheriffs shall, during the interim of the vacancy, continue to perform their
duties with full authority.
This section shall apply only in the following counties: Alamance, Alleghany, Avery, Beaufort, Brunswick, Buncombe, Cabarrus, Caldwell, Carteret, Cherokee, Clay, Davidson, Davie, Edgecombe, Forsyth, Gaston, Graham, Guilford, Haywood, Henderson, Hyde, Jackson, Lee, Lincoln, Madison, McDowell, Mecklenburg, Moore, New Hanover, Onslow, Pender, Polk, Randolph, Richmond, Rockingham, Rutherford, Sampson, Stokes, Surry, Transylvania, Wake, Washington, Wayne, and Yancey."
SECTION 26. G.S. 162‑13 reads as rewritten:
"§ 162‑13. To receipt for process.
Every sheriff or coroner shall,
when requested, give his receipt for all original and mesne process placed in
his hands for execution, to the party suing out the same, his agent or
attorney; and such receipt shall be admissible as evidence of the facts therein
stated, against such officer and his sureties, in any suit between the party
taking the receipt and such officer and his sureties."
SECTION 27. G.S. 162‑16 reads as rewritten:
"§ 162‑16. Execute summons, order or judgment.
Whenever the sheriff may be
required to serve or execute any summons, order or judgment, or to do any other
act, he shall be bound to do so in like manner as upon process issued to him,
and shall be equally liable in all respects for neglect of duty; and if the
sheriff be a party, the coroner clerk of court shall be bound to
perform the service, as he is now bound to execute process where the sheriff is
a party; and this Chapter relating to sheriffs shall apply to coroners clerks
of court when the sheriff is a party. Sheriffs and coroners clerks
of court may return process by mail. Their liabilities in respect to the
execution of process shall be as prescribed by law.
In those counties where the
office of coroner has been abolished, or is vacant, and in which process is
required to be served or executed on the sheriff, the authority to serve or
execute such process shall be vested in the clerk of court; however, the The clerk of court is
hereby empowered to designate and direct by appropriate order some person to
act in his stead to serve or execute the same.process on the sheriff."
SECTION 28. G.S. 163‑1 reads as rewritten:
"§ 163‑1. Time of regular elections and primaries.
…
Coroner County At
the regular election Four years, from the
for
members of the General first Monday in
Assembly
immediately December next after
preceding
the termination election
of
a regular term
…."
PART III. EFFECT WHERE OFFICE OF CORONER HAS NOT BEEN ABOLISHED
SECTION 29. In those counties where the office of coroner has not been abolished, the coroner shall serve until the expiration of his or her term and, during that time, the provisions of Chapter 152 of the General Statutes, the conforming statutes listed in Part II of this act, and any local acts related to the coroner and applicable to those counties shall remain in full force and effect in those counties. Upon the expiration of each coroner's term, the office of coroner in that county shall be abolished, and the provisions of Chapter 152 of the General Statutes, the conforming statutes listed in Part II of this act, and any local acts related to the coroner and applicable to that county shall be repealed.
PART IV. EFFECTIVE DATE
SECTION 30. This act is effective when it becomes law.