Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 22 (2021GS)

Sponsor

Rep. Nelson, M.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the chief medical examiner to investigate deaths resulting directly from actions of a law enforcement officer;
• prohibits providing false information to the chief medical examiner, establishing a criminal penalty; and
• makes technical changes.

Every vote on this bill

Bill text

MEDICAL EXAMINER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Merrill F. Nelson
Senate Sponsor: 
Daniel W. Thatcher
LONG TITLE
General Description:
This bill amends the Utah Medical Examiner Act.
Highlighted Provisions:
This bill:
▸ requires the chief medical examiner to investigate deaths resulting directly from
actions of a law enforcement officer;
▸ prohibits providing false information to the chief medical examiner, establishing a
criminal penalty; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-4-7
, as last amended by Laws of Utah 2012, Chapter 183
26-4-10
, as enacted by Laws of Utah 1981, Chapter 126
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-4-7
 is amended to read:
26-4-7.
Custody by medical examiner.
Upon notification under Section 
26-4-8
 or investigation by the medical examiner's
office, the medical examiner shall assume custody of a deceased body if it appears that death
[
was
]:
(1) 
was
 by violence, gunshot, suicide, or accident;
(2) 
was
 sudden death while in apparent good health;
(3) 
occurred
 unattended [
deaths
], except that an autopsy may only be performed in
accordance with the provisions of Subsection 
26-4-9
(3);
(4) 
occurred
 under suspicious or unusual circumstances;
(5) [
resulting
] 
resulted
 from poisoning or overdose of drugs;
(6) [
resulting from diseases
] 
resulted from a disease
 that may constitute a threat to the
public health;
(7) [
resulting
] 
resulted
 from disease, injury, toxic effect, or unusual exertion incurred
within the scope of the decedent's employment;
(8) 
was
 due to sudden infant death syndrome;
(9) [
resulting
] 
occurred
 while the decedent was in prison, jail, police custody, the state
hospital, or in a detention or medical facility operated for the treatment of persons with a
mental illness, persons who are emotionally disturbed, or delinquent persons;
(10) resulted directly from the actions of a law enforcement officer, as defined in
Section 
53-13-103
;
[
(10)
] 
(11) was
 associated with diagnostic or therapeutic procedures; or
[
(11)
] 
(12) was
 described in this section when request is made to assume custody by a
county or district attorney or law enforcement agency in connection with a potential homicide
investigation or prosecution.
Section 2. Section 
26-4-10
 is amended to read:
26-4-10.
Certification of cause of death.
[
The certification of the cause of death under any of the circumstances listed in Section
26-4-7
 shall only be made by the medical examiner or his designated representative. 
Certification of the cause of death or signature on the certificate of death by any other person is
a class B misdemeanor.
]
(1) (a) For a death under any of the circumstances described in Section 
26-4-7
, only the
medical examiner or the medical examiner's designee may certify the cause of death.
(b) An individual who knowingly certifies the cause of death in violation of Subsection
(1)(a) is guilty of a class B misdemeanor.
(2) (a) For a death described in Section 
26-4-7
, an individual may not knowingly give
false information, with the intent to mislead, to the medical examiner or the medical examiner's
designee.
(b) A violation of Subsection (2)(a) is a class B misdemeanor.