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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:ActionText>CHAPTERED</ns0:ActionText>
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<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-10-06</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-10-06</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1108</ns0:MeasureNum>
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<ns0:ChapterNum>389</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Hart</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Assembly Member Sharp-Collins)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Hart</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Sharp-Collins</ns0:Name>
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<ns0:Title>An act to amend Section 27522 of, and to add Section 27491.56 to, the Government Code, relating to local government. </ns0:Title>
<ns0:RelatingClause>local government</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>County officers: coroners: in-custody deaths.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.</html:p>
<html:p>Existing law defines a “forensic autopsy” as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.</html:p>
<html:p>This bill would enact the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. The bill
would, commencing January 1, 2027, in any county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from determining the circumstances, manner, and cause of death, as provided, for an in-custody death, as defined. The bill, instead, would require the sheriff-coroner to contract with one or more counties that have a coroner’s office that operates independently from the office of the sheriff, or that have established an office of medical examiner, as specified, or
with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet certain physician qualification requirements, as specified, to determine the circumstances, manner, and cause of death. The bill would require the county board of supervisors to annually enter into a service agreement or service agreements with those medical examiners, independent coroner offices, or private third-party medical examination providers,
or with any combination thereof. The bill would prohibit a private third-party medical examination provider that has entered into a service agreement from, during the term of the service agreement, being contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. The bill would define “in-custody death” for purposes of the bill to include, among other things, the death of a person who is detained, under arrest, or is in the process of being detained or arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail or state prison, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, as provided.</html:p>
<html:p>This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a
forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.</html:p>
<html:p>By imposing new duties on certain counties, the bill would impose a state-mandated local program.</html:p>
<html:p>The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 27491.56 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Num>27491.56.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In any county where the offices of the sheriff and the coroner are combined, the sheriff-coroner shall not determine the circumstances, manner, and cause of death pursuant to Section 27491 for any in-custody death, but shall instead do one
or both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Contract with one or more counties that have a coroner’s office that operates independently from the office of the sheriff, or that have established an office of medical examiner pursuant to Section
24010, to determine the circumstances, manner, and cause of death. The contracted coroners or medical examiners shall operate independently from the office of the sheriff-coroner in conducting the medical examination process, including, but not limited to, exercising professional judgment to make determinations of the circumstances, manner, and cause of death.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Contract with one or more private third-party medical examination
providers that are separate and independent from the office of the sheriff-coroner and that meet the physician qualification requirements described in Section 24010 to determine the circumstances, manner, and cause of death. A private third-party medical examination provider shall operate independently from the office of the sheriff-coroner in
conducting the medical examination process, including, but not limited to, exercising professional judgment to make determinations of the circumstances, manner, and cause of death.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The cause and manner of death listed on the death certificate shall match the cause and manner of death determined by the coroner, medical examiner, or private third-party medical examination provider, as provided in this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In any county in which the offices of the sheriff and the coroner are combined, the county board of supervisors shall annually select and enter into a service agreement
or service agreements with medical examiners or independent coroner offices from other counties, or with one or more private third-party medical examination providers, or with any combination of those medical examiners, independent coroner offices, or private third-party medical examination providers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A private third-party medical examination provider that has entered into a service agreement with a county, as provided in paragraph (1), may not, during the term of that service agreement, be contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Upon the determination of the circumstances, manner, and cause of death, the findings of the
examination shall be delivered to the sheriff-coroner, district attorney, county health officer, and board of supervisors of the county in which the death occurred. The findings shall also be delivered to the decedent’s next of kin.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, “in-custody death” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An in-custody death as defined in Section 10008 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A death of a person who is detained, under arrest,
or is in the process of being detained or arrested, by a federal law enforcement officer, including for the purposes of immigration enforcement, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, and for which the sheriff-coroner has jurisdiction or the federal government has requested an autopsy be performed by the sheriff-coroner’s office.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall be operative January 1, 2027.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 27522 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>27522.</ns0:Num>
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<html:p>
(a)
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A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes
of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing January 1, 2027, paragraph (1) does not apply to an independent medical examination conducted pursuant to Section 27491.56.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For health and safety purposes, all persons in the autopsy suite shall be
informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph
(1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall not be construed to limit the practice of an autopsy for educational or research purposes.
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<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that out of California’s 58 counties, 48 counties have consolidated their offices of the sheriff and coroner. This means that most counties in California have a potential for a conflict of interest when investigating
in-custody deaths. The Legislature finds and declares that the need to preserve the integrity and independence of medical examinations for in-custody deaths is a matter of statewide concern. Therefore, this act shall apply to all counties, including charter counties.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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|
| Last Version Text Digest |
Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner. Existing law defines a “forensic autopsy” as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county. This bill would enact the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. The bill would, commencing January 1, 2027, in any county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from determining the circumstances, manner, and cause of death, as provided, for an in-custody death, as defined. The bill, instead, would require the sheriff-coroner to contract with one or more counties that have a coroner’s office that operates independently from the office of the sheriff, or that have established an office of medical examiner, as specified, or with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet certain physician qualification requirements, as specified, to determine the circumstances, manner, and cause of death. The bill would require the county board of supervisors to annually enter into a service agreement or service agreements with those medical examiners, independent coroner offices, or private third-party medical examination providers, or with any combination thereof. The bill would prohibit a private third-party medical examination provider that has entered into a service agreement from, during the term of the service agreement, being contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. The bill would define “in-custody death” for purposes of the bill to include, among other things, the death of a person who is detained, under arrest, or is in the process of being detained or arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail or state prison, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, as provided. This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county. The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties. |