Read the full stored bill text
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~ G1/2
26/SS08/R273
PAGE 1 (baf\kr)
To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Seymour, Hill
SENATE BILL NO. 2457
AN ACT CREATE A NEW SECTION WITHIN TITLE 41, CHAPTER 61, 1
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE AUTOPSY IN THE CASE 2
OF A SUDDEN AND UNEXPECTED DEATH OF AN INFANT OR CHILD, INCLUDING 3
CASES OF SUDDEN INFANT DEATH SYNDROME (SIDS), SUDDEN UNEXPECTED 4
INFANT DEATH (SUID) OR SUDDEN DEATH IN THE YOUNG (SDY), MUST 5
INCLUDE MICROSCOPIC AND TOXICOLOGY STUDIES AND A REVIEW OF THE 6
CHILD'S IMMUNIZATION AND MEDICAL RECORDS; TO REQUIRE THAT THE 7
MEDICAL EXAMINER DOCUMENT IN THE AUTOPSY REPORT ANY IMMUNIZATIONS 8
AND EMERGENCY COUNTERMEASURES ADMINISTERED TO THE INFANT OR CHILD 9
WITHIN 90 DAYS BEFORE THE INFANT'S OR CHILD'S DEATH AND REPORT THE 10
CASE TO THE SUID AND SDY CASE REGISTRY; TO PROVIDE THAT THE 11
AUTOPSY IN THE CASE OF A SUDDEN AND UNEXPECTED DEATH SUSPECTED TO 12
BE CAUSED BY SUDDEN ARRHYTHMIC DEATH SYNDROME (SADS) IN AN 13
INDIVIDUAL OF ANY AGE MUST INCLUDE MICROSCOPIC AND TOXICOLOGY 14
STUDIES AND A REVIEW OF THE INDIVIDUAL'S IMMUNIZATION AND MEDICAL 15
RECORDS; TO REQUIRE THAT THE MEDICAL EXAMINER DOCUMENT IN THE 16
AUTOPSY REPORT ANY IMMUNIZATIONS AND EMERGENCY COUNTERMEASURES 17
ADMINISTERED TO THE INDIVIDUAL WITHIN 90 DAYS BEFORE HIS OR HER 18
DEATH AND REPORT THE CASE TO THE SUID AND SDY CASE REGISTRY IF THE 19
INDIVIDUAL WAS YOUNGER THAN 20 YEARS OF AGE AT THE TIME OF DEATH; 20
TO ESTABLISH ADMINISTRATIVE PENALTIES TO BE IMPOSED AGAINST A 21
COUNTY MEDICAL EXAMINER WHO FAILS TO REPORT A CASE OF SIDS, SUID 22
OR SDY, OR OF SADS FOR INDIVIDUALS YOUNGER THAN 20 YEARS OF AGE, 23
TO THE SUID AND SDY CASE REGISTRY WITHIN 30 DAYS AFTER COMPLETING 24
THE AUTOPSY REPORT; TO DESIGNATE COMPLIANCE WITH SUCH REPORTING 25
AND DOCUMENTATION REQUIREMENTS AS A PERMISSIBLE DISCLOSURE UNDER 26
STATE AND FEDERAL MEDICAL PRIVACY LAWS; TO DEFINE TERMS; TO BRING 27
FORWARD SECTIONS 41-61-59, 41-61-63 AND 41-61-65, MISSISSIPPI CODE 28
OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 29
PURPOSES. 30
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 31
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 2 (baf\kr)
SECTION 1. The following shall be codified as a separate 32
section within Title 41, Chapter 61, Mississippi Code of 1972: 33
41-61- . (1) (a) As used in this section, the following 34
words and phrases shall have the meanings ascribed herein unless 35
the context clearly indicates otherwise: 36
(i) "Sudden arrhythmic death syndrome" or "SADS" 37
means the sudden and unexpected death due to cardiac arrhythmia, 38
as determined by performance of an autopsy or a clinical 39
investigation, of a young, apparently healthy individual with no 40
previously diagnosed structural heart disease. 41
(ii) "Sudden death in the young" or "SDY" means 42
the sudden and unexpected death of an individual younger than 43
twenty (20) years of age due to natural causes, including, but not 44
limited to, sudden cardiac death or sudden unexpected death in 45
epilepsy, which death remains unexplained after initial 46
investigation. 47
(iii) "Sudden infant death syndrome" or "SIDS" 48
means the sudden death of an infant younger than one (1) year of 49
age which remains unexplained after a thorough case investigation, 50
including performance of an autopsy, scene investigations and a 51
review of clinical history. 52
(iv) "Sudden unexpected infant death" or "SUID" 53
means the sudden and unexpected death of an infant younger than 54
one (1) year of age, whether explained or unexplained, including, 55
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 3 (baf\kr)
but not limited to, death caused by SIDS, accidental suffocation 56
and other potential causes. 57
(v) "Sudden Unexpected Infant Death and Sudden 58
Death in the Young Case Registry" or "SUID and SDY Case Registry" 59
means the national surveillance system coordinated by the Centers 60
for Disease Control and Prevention and the National Institutes of 61
Health that collects standardized data on sudden and unexpected 62
deaths in individuals younger than twenty (20) years of age. 63
(b) In the case of an infant or child who dies suddenly 64
and unexpectedly, including cases of SIDS, SUID or SDY, the 65
autopsy must include microscopic and toxicology studies and a 66
review of the child's immunization and medical records, as 67
available through the state's immunization registry established 68
pursuant to Section 41-88-3, from the child's pediatrician or 69
primary care practitioner or from other sources. The medical 70
examiner shall document in the autopsy report any immunizations 71
and emergency countermeasures administered to the infant or child 72
within ninety (90) days before the infant's or child's death and 73
report the case to the SUID and SDY Case Registry in accordance 74
with protocols established by the State Department of Health and 75
the Centers for Disease Control and Prevention. 76
(c) In the case of a sudden and unexpected death 77
suspected to be caused by SADS in an individual of any age, the 78
autopsy must include microscopic and toxicology studies and a 79
review of the individual's immunization and medical records, as 80
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 4 (baf\kr)
available through state health databases or other sources. The 81
medical examiner shall document in the autopsy report any 82
immunizations and emergency countermeasures administered to the 83
individual within ninety (90) days before his or her death and 84
report the case to the SUID and SDY Case Registry if the 85
individual was younger than twenty (20) years of age at the time 86
of death, in accordance with protocols established by the State 87
Department of Health and the Centers for Disease Control and 88
Prevention. 89
(2) The Mississippi Department of Public Safety shall impose 90
the following administrative penalties against a county medical 91
examiner or county medical examiner investigator who fails to 92
report a case of SIDS, SUID or SDY, or of SADS for individuals 93
younger than twenty (20) years of age, to the SUID and SDY Case 94
Registry within thirty (30) days after completing the autopsy 95
report: 96
(a) For the first unreported case, a fine of up to One 97
Thousand Dollars ($1,000.00). 98
(b) For the second unreported case, a fine of up to 99
Five Thousand Dollars ($5,000.00). 100
(c) For the third or subsequent unreported case, a fine 101
of up to Ten Thousand Dollars ($10,000.00). 102
(3) Compliance with the reporting and documentation 103
requirements of this section is deemed a permissible disclosure 104
under state and federal medical privacy laws, including the Health 105
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 5 (baf\kr)
Insurance Portability and Accountability Act of 1996. 106
SECTION 2. Section 41-61-59, Mississippi Code of 1972, is 107
brought forward as follows: 108
41-61-59. (1) A person's death that affects the public 109
interest as specified in subsection (2) of this section shall be 110
promptly reported to the medical examiner by the physician in 111
attendance, any hospital employee, any law enforcement officer 112
having knowledge of the death, the embalmer or other funeral home 113
employee, any emergency medical technician, any relative or any 114
other person present. The appropriate medical examiner shall 115
notify the municipal or state law enforcement agency or sheriff 116
and take charge of the body. When the medical examiner has 117
received notification under Section 41-39-15(6) that the deceased 118
is medically suitable to be an organ and/or tissue donor, the 119
medical examiner's authority over the body shall be subject to the 120
provisions of Section 41-39-15(6). The appropriate medical 121
examiner shall notify the Mississippi Bureau of Narcotics within 122
twenty-four (24) hours of receipt of the body in cases of death as 123
described in subsection (2)(m) or (n) of this section. 124
(2) A death affecting the public interest includes, but is 125
not limited to, any of the following: 126
(a) Violent death, including homicidal, suicidal or 127
accidental death. 128
(b) Death caused by thermal, chemical, electrical or 129
radiation injury. 130
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 6 (baf\kr)
(c) Death caused by criminal abortion, including 131
self-induced abortion, or abortion related to or by sexual abuse. 132
(d) Death related to disease thought to be virulent or 133
contagious that may constitute a public hazard. 134
(e) Death that has occurred unexpectedly or from an 135
unexplained cause. 136
(f) Death of a person confined in a prison, jail or 137
correctional institution. 138
(g) Death of a person where a physician was not in 139
attendance within thirty-six (36) hours preceding death, or in 140
prediagnosed terminal or bedfast cases, within thirty (30) days 141
preceding death. 142
(h) Death of a person where the body is not claimed by 143
a relative or a friend. 144
(i) Death of a person where the identity of the 145
deceased is unknown. 146
(j) Death of a child under the age of two (2) years 147
where death results from an unknown cause or where the 148
circumstances surrounding the death indicate that sudden infant 149
death syndrome may be the cause of death. 150
(k) Where a body is brought into this state for 151
disposal and there is reason to believe either that the death was 152
not investigated properly or that there is not an adequate 153
certificate of death. 154
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 7 (baf\kr)
(l) Where a person is presented to a hospital emergency 155
room unconscious and/or unresponsive, with cardiopulmonary 156
resuscitative measures being performed, and dies within 157
twenty-four (24) hours of admission without regaining 158
consciousness or responsiveness, unless a physician was in 159
attendance within thirty-six (36) hours preceding presentation to 160
the hospital, or in cases in which the decedent had a prediagnosed 161
terminal or bedfast condition, unless a physician was in 162
attendance within thirty (30) days preceding presentation to the 163
hospital. 164
(m) Death that is caused by drug overdose or which is 165
believed to be caused by drug overdose. 166
(n) When a stillborn fetus is delivered and the cause 167
of the demise is medically believed to be from the use by the 168
mother of any controlled substance as defined in Section 169
41-29-105. 170
(o) Death of any person under the age of eighteen (18). 171
(3) The State Medical Examiner is empowered to investigate 172
deaths, under the authority hereinafter conferred, in any and all 173
political subdivisions of the state. The county medical examiners 174
and county medical examiner investigators, while appointed for a 175
specific county, may serve other counties on a regular basis with 176
written authorization by the State Medical Examiner, or may serve 177
other counties on an as-needed basis upon the request of the 178
ranking officer of the investigating law enforcement agency. If a 179
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 8 (baf\kr)
death affecting the public interest takes place in a county other 180
than the one where injuries or other substantial causal factors 181
leading to the death have occurred, jurisdiction for investigation 182
of the death may be transferred, by mutual agreement of the 183
respective medical examiners of the counties involved, to the 184
county where the injuries or other substantial causal factors 185
occurred, and the costs of autopsy or other studies necessary to 186
the further investigation of the death shall be borne by the 187
county assuming jurisdiction. 188
(4) (a) In criminal trials where the testimony of a current 189
or former State Medical Examiner, Deputy State Medical Examiner, 190
or member of the Mississippi Forensics Laboratory is needed, the 191
use of audiovisual communications equipment to present such 192
testimony remotely is allowed when the state has provided written 193
notice to the defendant at least ninety (90) days prior to trial 194
of its intent to present such remote testimony, and the defendant 195
provides no written objection within fourteen (14) days of 196
receiving such notice. Should the defendant object, the remote 197
testimony shall only be permitted upon a finding by the court that 198
the rights of the defendant to confront the witness against the 199
defendant is not violated, that compelling circumstances exist to 200
allow such remote testimony, and that the remote testimony can be 201
provided with appropriate safeguards so as to assure the 202
reliability of the testimony of the witness during the trial. 203
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 9 (baf\kr)
(b) All persons qualified to administer an oath in the 204
State of Mississippi may swear a witness remotely by audiovisual 205
communication technology, provided they can positively identify 206
the witness and they are able to both see and hear the witness via 207
audiovisual communications equipment. 208
(5) The chief county medical examiner or chief county 209
medical examiner investigator may receive from the county in which 210
he serves a salary of One Thousand Two Hundred Fifty Dollars 211
($1,250.00) per month, in addition to the fees specified in 212
Sections 41-61-69 and 41-61-75, provided that no county shall pay 213
the chief county medical examiner or chief county medical examiner 214
investigator less than Three Hundred Dollars ($300.00) per month 215
as a salary, in addition to other compensation provided by law. 216
In any county having one or more deputy medical examiners or 217
deputy medical examiner investigators, each deputy may receive 218
from the county in which he serves, in the discretion of the board 219
of supervisors, a salary of not more than Nine Hundred Dollars 220
($900.00) per month, in addition to the fees specified in Sections 221
41-61-69 and 41-61-75; however, no county shall pay the deputy 222
medical examiners or deputy medical examiner investigators less 223
than Three Hundred Dollars ($300.00) per month as a salary in 224
addition to other compensation provided by law. For this salary 225
the chief shall assure twenty-four-hour daily and readily 226
available death investigators for the county, and shall maintain 227
copies of all medical examiner death investigations for the county 228
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 10 (baf\kr)
for at least the previous five (5) years. He shall coordinate his 229
office and duties and cooperate with the State Medical Examiner, 230
and the State Medical Examiner shall cooperate with him. 231
SECTION 3. Section 41-61-63, Mississippi Code of 1972, is 232
brought forward as follows: 233
41-61-63. (1) The State Medical Examiner shall: 234
(a) Provide assistance, consultation and training to 235
county medical examiners, county medical examiner investigators 236
and law enforcement officials. 237
(b) Keep complete records of all relevant information 238
concerning deaths or crimes requiring investigation by the medical 239
examiners. 240
(c) Promulgate rules and regulations regarding the 241
manner and techniques to be employed while conducting autopsies; 242
the nature, character and extent of investigations to be made into 243
deaths affecting the public interest to allow a medical examiner 244
to render a full and complete analysis and report; the format and 245
matters to be contained in all reports rendered by the medical 246
examiners; and all other things necessary to carry out the 247
purposes of Sections 41-61-51 through 41-61-79. The State Medical 248
Examiner shall make such amendments to these rules and regulations 249
as may be necessary. All medical examiners, coroners and law 250
enforcement officers shall be subject to such rules. 251
(d) Cooperate with the crime detection and medical 252
examiner laboratories authorized by Section 45-1-17, the 253
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 11 (baf\kr)
University of Mississippi Medical Center, the Attorney General, 254
law enforcement agencies, the courts and the State of Mississippi. 255
(e) Promulgate rules and regulations regarding the 256
manner in which county medical examiner investigators are required 257
to enter electronically the information for all deaths that occur 258
in the investigator's county. 259
(2) In addition, the medical examiners shall: 260
(a) Upon receipt of notification of a death affecting 261
the public interest, make inquiries regarding the cause and manner 262
of death, reduce the findings to writing and promptly make a full 263
report to the State Medical Examiner on forms prescribed for that 264
purpose. The medical examiner shall be authorized to inspect and 265
copy the medical reports of the decedent whose death is under 266
investigation. However, the records copied shall be maintained as 267
confidential so as to protect the doctor/patient privilege. The 268
medical examiners shall be authorized to request the issuance of 269
subpoenas, through the proper court, for the attendance of persons 270
and for the production of documents as may be required by their 271
investigation. 272
(b) Complete the medical examiner's portion of the 273
certificate of death within seventy-two (72) hours of assuming 274
jurisdiction over a death, and forward the certificate to the 275
funeral director or to the family. The medical examiner's portion 276
of the certificate of death shall include the decedent's name, the 277
date and time of death, the cause of death and the certifier's 278
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 12 (baf\kr)
signature. If determination of the cause and/or manner of death 279
are pending an autopsy or toxicological or other studies, these 280
sections on the certificate may be marked "pending," with 281
amendment and completion to follow the completion of the 282
postmortem studies. The State Medical Examiner shall be 283
authorized to amend a death certificate; however, the State 284
Medical Examiner is not authorized to change or amend any death 285
certificate after he has resigned or been removed from his office 286
as the State Medical Examiner. Where an attending physician 287
refuses to sign a certificate of death, or in case of any death, 288
the State Medical Examiner or properly qualified designee may sign 289
the death certificate. 290
(c) Cooperate with other agencies as provided for the 291
State Medical Examiner in subsection (1)(d) of this section. 292
(d) In all investigations of deaths affecting the 293
public interest where an autopsy will not be performed, obtain or 294
attempt to obtain postmortem blood, urine and/or vitreous fluids. 295
Medical examiners may also obtain rectal temperature measurements, 296
known hair samples, radiographs, gunshot residue/wiping studies, 297
fingerprints, palm prints and other noninvasive studies as the 298
case warrants and/or as directed by the State Medical Examiner. 299
Decisions shall be made in consultation with investigating law 300
enforcement officials and/or the State Medical Examiner. The cost 301
of all studies not performed by the Mississippi Forensics 302
Laboratory shall be borne by the county. County medical examiner 303
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 13 (baf\kr)
investigators shall be authorized to obtain these postmortem 304
specimens themselves following successful completion of the death 305
investigation training school. 306
(e) In all investigations of deaths occurring in the 307
manner specified in subsection (2)(j) of Section 41-61-59, a death 308
investigation shall be performed by the medical examiners in 309
accordance with the child death investigation protocol established 310
by the State Medical Examiner. The results of the death 311
investigation shall be reported to the State Medical Examiner on 312
forms prescribed for that purpose by the State Medical Examiner 313
and to appropriate authorities, including police and child 314
protective services, within three (3) days of the conclusion of 315
the death investigation. 316
(f) Electronically report all deaths, and all 317
associated toxicology reports, that occur in the examiner's county 318
to the State Medical Examiner in a manner prescribed by the State 319
Medical Examiner. 320
(3) The medical examiner shall not use his position or 321
authority to favor any particular funeral home or funeral homes. 322
SECTION 4. Section 41-61-65, Mississippi Code of 1972, is 323
brought forward as follows: 324
41-61-65. (1) If, in the opinion of the medical examiner 325
investigating the case, it is advisable and in the public interest 326
that an autopsy or other study be made for the purpose of 327
determining the primary and/or contributing cause of death, an 328
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 14 (baf\kr)
autopsy or other study shall be made by the State Medical 329
Examiner, or the State Medical Examiner may choose a competent 330
pathologist who is designated by the State Medical Examiner or the 331
Department of Public Safety as a pathologist qualified to perform 332
postmortem examinations and autopsies to perform the autopsy or 333
study. To be eligible to be designated under this section, a 334
pathologist must be an M.D. or D.O. who is certified in anatomic 335
pathology by the American Board of Pathology unless a certified 336
anatomic pathologist is not available to perform a postmortem 337
examination or autopsy within a reasonable time. The State 338
Medical Examiner or designated pathologist may retain any tissues 339
as needed for further postmortem studies or documentation. When 340
the medical examiner has received notification under Section 341
41-39-15(6) that the deceased is medically suitable to be an organ 342
and/or tissue donor, the State Medical Examiner or designated 343
pathologist may retain any biopsy or medically approved sample of 344
the organ and/or tissue in accordance with the provisions of 345
Section 41-39-15(6). A complete autopsy report of findings and 346
interpretations, prepared on forms designated for this purpose, 347
shall be submitted promptly to the State Medical Examiner. Copies 348
of the report shall be furnished to the authorizing medical 349
examiner, district attorney and court clerk. A copy of the report 350
shall be furnished to one (1) adult member of the immediate family 351
of the deceased or the legal representative or legal guardian of 352
members of the immediate family of the deceased upon request. In 353
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 15 (baf\kr)
determining the need for an autopsy, the medical examiner may 354
consider the request from the district attorney or county 355
prosecuting attorney, law enforcement or other public officials or 356
private persons. However, if the death occurred in the manner 357
specified in subsection (2)(j) of Section 41-61-59, an autopsy 358
shall be performed by the State Medical Examiner or a designated 359
pathologist who is qualified as required by this subsection, and 360
the report of findings shall be forwarded promptly to the State 361
Medical Examiner, investigating medical examiner, the State 362
Department of Health, the infant's attending physician and the 363
local sudden infant death syndrome coordinator. In addition to 364
the authority granted under this section, medical examiner 365
investigators, under the supervision of the State Medical 366
Examiner, may assist with the performance or completion of 367
autopsies or other duties of the Office of the State Medical 368
Examiner. 369
(2) Any medical examiner or duly licensed physician 370
performing authorized investigations and/or autopsies as provided 371
in Sections 41-61-51 through 41-61-79 who, in good faith, complies 372
with the provisions of Sections 41-61-51 through 41-61-79 in the 373
determination of the cause and/or manner of death for the purpose 374
of certification of that death, shall not be liable for damages on 375
account thereof, and shall be immune from any civil liability that 376
might otherwise be incurred or imposed. 377
S. B. No. 2457 *SS08/R273* ~ OFFICIAL ~
26/SS08/R273
PAGE 16 (baf\kr)
ST: Sudden death; require medical examiners to
report vaccinations and emergency
countermeasures within 90 days prior to.
(3) Family members or others who disagree with the medical 378
examiner's determination shall be able to petition and present 379
written argument to the State Medical Examiner for further review. 380
If the petitioner still disagrees, he may petition the circuit 381
court, which may, in its discretion, hold a formal hearing. In 382
all those proceedings, the State Medical Examiner and the county 383
medical examiner or county medical examiner investigator who 384
certified the information shall be made defendants. All costs of 385
the petition and hearing shall be borne by the petitioner. 386
SECTION 5. This act shall take effect and be in force from 387
and after July 1, 2026. 388