Death cert./subst. homicide

AN ACT Relating to modifying the manner of death listed in a 1
death certificate following a conviction of controlled substance 2
homicide; amending RCW 70.58A.200; and adding a new section to 3
chapter 2.32 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70.58A.200 and 2019 c 148 s 13 are each amended to 6
read as follows: 7
(1)(a) Reports of death and fetal death must comply with the 8
requirements of this section. 9
(b) For the purposes of this section, "death" includes "fetal 10
death" as defined in RCW 70.58A.010. 11
(2) A complete report of death must be filed with the local 12
registrar in the local health jurisdiction where the death occurred 13
for each death that occurs in this state. Except for circumstances 14
covered by subsection (7) of this section, the report must be filed 15
within five calendar days after the death or finding of human remains 16
and prior to final disposition of the human remains as required by 17
this section. 18
(a) If the place of death is unknown and the human remains are 19
found in state prior to final disposition, the death must be filed in 20
H-0648.1
HOUSE BILL 1478
State of Washington 69th Legislature 2025 Regular Session
By Representatives Lekanoff and Reed
Read first time 01/21/25. Referred to Committee on Health Care &
Wellness.
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state and the place where the human remains were found is the place 1
of death. 2
(b) When death occurs in a moving conveyance within or outside 3
the United States and the human remains are first removed from the 4
conveyance in state, the death must be filed in state and the place 5
of death is the place where the remains were removed from the moving 6
conveyance. 7
(c) In all other cases, the place where death is pronounced is 8
the place where death occurred. 9
(d) An approximate date of death may be used if date of death is 10
unknown. If the date cannot be determined by approximation, the date 11
of death must be the date the human remains were found.12
(3) If the death occurred with medical attendance, a funeral 13
director, funeral establishment, or person having the right to 14
control the disposition of the human remains under RCW 68.50.160 15
shall: 16
(a) Obtain and enter personal data on the report of death about 17
the decedent from the person best qualified to provide the 18
information; 19
(b) Provide the report of death to the medical certifier within 20
two calendar days after the death or finding of human remains;21
(c) File the completed report of death with the local registrar; 22
and 23
(d) Obtain a burial-transit permit prior to the disposition of 24
the human remains as required in RCW 70.58A.210. 25
(4) The medical certifier shall: 26
(a) Attest to the cause, date, and time of death; and27
(b) Return the report of death to the funeral director, funeral 28
establishment, or person having the right to control the disposition 29
of the human remains under RCW 68.50.160 within two calendar days.30
(5) The report of death may be completed by another individual 31
qualified to be a medical certifier as defined in RCW 70.58A.010 who 32
has access to the medical history of the decedent when:33
(a) The medical certifier is absent or unable to attest to the 34
cause, date, and time of death; or 35
(b) The death occurred due to natural causes, and the medical 36
certifier gives approval. 37
(6) If the death occurred without medical attendance, the funeral 38
director, funeral establishment, or person having the right to 39
control the disposition of the human remains under RCW 68.50.160 40
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shall provide the report of death to the coroner, medical examiner, 1
or local health officer as allowed by (a) of this subsection.2
(a) If the death occurred due to natural causes, the coroner, 3
medical examiner, or local health officer shall determine whether to 4
certify the report of death. If the coroner, medical examiner, or 5
local health officer decides to certify the report of death, the 6
person certifying the report shall: 7
(i) Attest to the manner, cause, and date of death without 8
holding an inquest or performing an autopsy or postmortem, based on 9
statements of relatives, persons in attendance during the last 10
sickness, persons present at the time of death, or other persons 11
having adequate knowledge of the facts; 12
(ii) Note that there was no medical attendance at the time of 13
death; and 14
(iii) Return the report of death to the funeral home within two 15
calendar days. 16
(b) If the death appears to be the result of unlawful or 17
unnatural causes, the coroner or medical examiner shall:18
(i) Attest to the cause, place, and date of death;19
(ii) Note that there was no medical attendance at the time of 20
death; 21
(iii) Note when the cause of death is pending investigation; and22
(iv) Return the report of death to the funeral director, funeral 23
establishment, or person having the right to control the disposition 24
of the human remains under RCW 68.50.160 within two calendar days.25
(7) When there is no funeral director, funeral establishment, or 26
person having the right to control the disposition of human remains 27
under chapter 68.50 RCW, the coroner, medical examiner, or local 28
health officer shall file the completed report of death with the 29
local registrar as required by subsection (2) of this section.30
(8) When a coroner or medical examiner determines that there is 31
sufficient circumstantial evidence to indicate that an individual has 32
died in the county or in waters contiguous to the county, and that it 33
is unlikely that the body will be recovered, the coroner or medical 34
examiner shall file a report of death, including the cause, place, 35
and date of death, to the extent possible. 36
(9) The coroner or medical examiner in a county in which a 37
decedent was last known to be alive may file a report of death with 38
the local registrar when the county in which the presumed death 39
occurred cannot be determined with certainty. The coroner or medical 40
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examiner shall file a report of death, including the cause, place, 1
and date of death, to the extent possible. 2
(10) The coroner or medical examiner having jurisdiction may 3
release information contained in a report of death according to RCW 4
68.50.300. 5
(11) The local registrar shall: 6
(a) Review filed reports of death to ensure completion in 7
accordance with this chapter; 8
(b) Request missing information or corrections;9
(c) Ensure issuance of the burial-transit permit as required 10
under RCW 70.58A.210; 11
(d) Register a report of death with the department if it has been 12
completed and submitted in accordance with this section.13
(12) A medical certifier, coroner, medical examiner, or local 14
health officer shall submit an affidavit of correction to the state 15
registrar to amend the report of death within five calendar days of 16
receipt of an autopsy result or other information that completes or 17
amends the cause of death from that originally filed with the 18
department. 19
(13) The department may require a medical certifier, coroner, 20
medical examiner, or local health officer to provide additional or 21
clarifying information to properly code and classify cause of death.22
(14)(a) A family member that is a qualified applicant for 23
purposes of RCW 70.58A.530 may request a correction to the manner of 24
death listed on a family member's death certification by notifying 25
the applicable clerk of the court as required in section 2 of this 26
act when the following conditions are met:27
(i) A death is determined to be caused by an opioid-related drug 28
overdose;29
(ii) The reported manner of death is not listed as a homicide on 30
the death certificate; and31
(iii) An individual is convicted of controlled substance homicide 32
under RCW 69.50.415 in connection with the death.33
(b) A coroner or medical examiner shall submit an affidavit 34
correcting the manner of death to a homicide within 10 calendar days 35
of receiving notice from the clerk of the court as required in 36
section 2 of this act.37
NEW SECTION. Sec. 2. A new section is added to chapter 2.32 RCW 38
to read as follows: 39
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When a conviction in a controlled substances homicide case under 1
RCW 69.50.415 has occurred, and upon receiving a request from a 2
family member that is a qualified applicant for purposes of RCW 3
70.58A.530 as provided in RCW 70.58A.200, the clerk of the court 4
shall provide the judgment and sentence from the controlled 5
substances homicide case to the coroner or medical examiner in the 6
county where the death in connection to the conviction occurred 7
within 30 calendar days of the request. 8
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