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SB1369 - 572R - I Ver
REFERENCE TITLE:
county medical examiner; reports; access
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1369
Introduced by
Senator
Bolick
AN
ACT
amending section 11-597.02, arizona
revised statutes; relating to the county medical examiner.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-597.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-597.02.
Autopsy reports; photographs, digital images, x-rays and
video recordings;� in camera review; exceptions; procedures; immunity
A.
Notwithstanding title
39, chapter 1,
reports, including toxicology, anthropology,
neuropathology and odontology reports,
photographs, digital images, x-rays
and video recordings of human remains that are created by a medical examiner,
alternate medical examiner or their employees or agents during a death
investigation that is conducted pursuant to this chapter may not be disclosed
by a medical examiner, alternate medical examiner or their employees or agents
unless a judge of the superior court grants disclosure of all or part of the
materials after reviewing the materials in camera.� The judge of the superior
court shall balance the interests under the public records laws of this state
to determine whether to order disclosure of all or part of the materials.� A
person that seeks disclosure of the materials described in this section may
file a petition in the superior court of the county in which the death
investigation occurred for an in camera review of the materials.
B. Notwithstanding
the provisions of
subsection A of this section, the following persons may examine and obtain the
materials described in subsection A of this section:
1. The county attorney, attorney general or other
law enforcement agency having jurisdiction, as necessary for the performance of
their
its
duties.
2. The surviving spouse, child, parent, legal
guardian, grandparent, grandchild or sibling of the decedent or
their
the person's
legal representative or designated
agent.
The office of the medical examiner shall
prioritize a request to examine and obtain the materials described in
subsection A of this section that is made pursuant to this paragraph.� A
request that is made pursuant to this paragraph is subject to section 39-121.01,
subsection E.
3. A personal representative of the decedent's
estate or a person designated by the decedent before death.
4. Federal, state or local governmental authorities,
including public health officers, as necessary for the performance of their
duties.
5. The attending physician or nurse practitioner.
6. A medical or scientific body or university or
other educational institution for educational or research purposes, provided
that the materials used do not reveal the decedent's identity.
7. An attorney for a defendant or petitioner in any
criminal or postconviction proceeding for purposes of assisting representation
in that proceeding.
C.
Nothing in
This section
shall
does not
affect the conduct of
trials or the discovery process as provided by law or court rule.
D. The medical examiner or alternate medical
examiner may prescribe procedures for the issuance of materials pursuant to
subsection B of this section, including reproduction fees.
E. A cause of action may not arise against the
county medical examiner, alternate medical examiner or their employees or
agents, or the county for lawfully disclosing a death investigation
report, including a toxicology, anthropology, neuropathology or
ODONTOLOGY report, or
photograph, digital image, x-ray or video
recording pursuant to this section.
END_STATUTE