Coroner record confidentiality.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0042

ENROLLED ACT NO. 87, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
coroners; providing confidentiality for
toxicology reports, photographs, video recordings or audio recordings of the scene of the death or made in the course of a postmortem examination or autopsy by a coroner
; providing exceptions; providing penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
4
‑
105 is created to read:

7
‑
4
‑
105.

Confidentiality of reports, photos and recordings; exceptions; penalties.

(a)

After viewing the body
and completing his investigation
, the coroner shall draw up and sign his verdict

on the death under consideration. The coroner shall also make a written

docket giving an accurate description of the deceased person, his name if it

can be determined, cause and manner of death
, including relevant toxicological factors,
age of decedent, date and time
of death
and the
description
of money and other property found with the body.

The verdict and written docket are public records and may be viewed or

obtained by request to the coroner, pursuant to W.S. 16
‑
4
‑
202
.

(b)

Except as provid
ed in subsections (c), (d), (e)
,
(
g
)
and (o)
of this section
a toxicology

report
, a photograph, video recording
or audio recording
made at

the scene of the death or made in the course of a postmortem examination or autopsy
made or caused by a coroner
shall be
confidential and are not public records.

(c)

A surviving spouse
,
surviving
parent,
an adult child
, personal representative, legal representative,
or a legal guardian
may:

(i)

View and copy a toxicology

report
, a photograph or video recording

made at

the scene of the death or made in the course of a postmortem examination or autopsy
made by or caused by a coroner
; and

(ii)

Listen to and copy an audio

recording
made at

the scene of the death or made in the course of a postmortem examination or autopsy
made by or caused by a coroner
.

(d)

Upon making a written request, a law enforcement entity of the
s
tate of

Wyoming or
United States

g
overnment, a district a
ttorney, the
United States attorney for the district of
Wyoming, a county, state or federal public health agency,
a board licensing health care professionals under title 33 of the Wyoming statutes, the division responsible for administering the Wyoming Workers
'
Compensation Act,
the state occupational epidemiologist, the department and
the division responsible for administering the Wyoming Occupational Health and Safety Act,
the office of the inspector of mines,
insurance

companies with legitimate interest in the death, all parties in civil
litigation proceedings
with legitimate interest in the death

or

a
treating physician, while in performance of
his official duty
may:

(i)

View
and
copy a toxicology

report, photograph or video recording
made at
the
scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner
; and

(ii)

Listen to and copy an audio

recording
made at
the
scene of the death or made in the course of a postmortem examination or autopsy made by or caused by a coroner
.

(e)

Unless otherwise required in the performance of official duties, the

identity of the deceased
shall
remain confidential
in any record obtained under subsection (d) of this section
.

(
f
)

The coroner having custody of a toxicology report, a photograph, a video

recording or an audio recording
made at
any
scene of the death or made in the course of a postmortem examination or autopsy
may allow the use for case consultation with
an appropriate expert
. The coroner may also allow the use
of
a toxicology
report, a
photograph, a video recording
or an audio recording
made at

the scene of the death or made in the course of a postmortem examination or autopsy
by legitimate scientific research

organizations
or for training purposes
provid
ed the identity of the decedent

is
not published or

otherwise made public.

(
g
)

A court upon showing of good cause, may issue an order authorizing a

person to
:

(i)

View
or
copy a
toxicology report,
photograph

or video recording
made at
the
scene of the death or made in the course of a postmortem examination or autopsy
made or caused by a coroner
; and

(ii)

Listen to and copy an audio

recording
made at
the
scene of the death or made in the course of a postmortem examination or autopsy

made or caused by a coroner
.

(
h
)

In determining good cause under subsection (
g
)
of this section
, the court shall

consider:

(i)

Whether the disclosure is necessary for the public evaluation of

governmental performance;

(ii)

The seriousness of the intrusion into the family
'
s privacy;

(iii)

Whether the disclosure of the
toxicology report, photograph, video recording
or audio

recording is by the least intrusive means available; and

(iv)

The availability of similar info
rmation in other public records
regardless of form.

(
j
)

A
surviving spouse shall be given r
easonable notice and a copy

of
any
petition filed with the
c
ourt under subsection (
g
)
of this section
and
r
easonable opportunity to
be
present and be heard on the matter.

If there is no surviving spouse, the notice of the petition being

filed and the opportunity to be heard
shall
be given to the deceased
'
s
parents
and if the deceased has no living parent, the notice of the

petition being filed and the opportunity to be heard
shall
be given to the

adult children of the deceased
or legal guardian
, personal representative or legal representative
of the children of the deceased
.

(
k)

A coroner or coroner
'
s designee that knowingly violates this section

shall be guilty of a misdemeanor
punishable by imprisonment for not more than
six
(
6
)
months
, a fine of not more than
one
thousand dollars ($
1
,000.00), or both.

(
m
)

A
person who knowingly or purposeful
ly uses the information in a manner

other than the specified purpose for which it was released or violates a

court order issued under subsection (
g
)
of this section
is guilty of a misdemeanor

punishable by imprisonment for not more than
six
(
6
)
months
, a fine of not more than
one
thousand dollars ($
1
,000.00), or both
.

(
n
)

In all cases, the viewing, copying, listening to, or other handling of a

toxicology report,
photograph, video recording, or audio recording
made at

a
scene of the death or made in the course of a postmortem examination or autopsy
made or caused by a coroner
shall
be under

the direct supervision of the coroner, or the coroner
'
s designee, who is the

custodian of the record.

(o)

In the event that the coroner, or the coroner
'
s designee, determines that a person
'
s death was caused by an infectious disease, biological toxin or any other cause which may constitute a public health emergency as defined in W.S. 35
‑
4
‑
115(a)(i), the coroner shall release to the state health officer or his designee all information and records required under W.S. 35
‑
4
‑
107. If the state health official or his designee determines upon an examination of the results of the autopsy and the toxicology report that a public health emergency may in fact exist, he shall release the appropriate information to the general public as provided by department of health rules and regulations.

Section 2.

W.S. 16
‑
4
‑
203(d)(i) is amended to read:

16
‑
4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

(d)

The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(i)

Medical, psychological and sociological data on individual persons, exclusive of coroners
'

autopsy reports

verdicts
and written dockets
as provided in W.S. 7
‑
4
‑
1
05(a)
;

Section 3.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1