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24LSO-0362
2024
STATE OF WYOMING
24LSO-0362
Numbered
2.0
HOUSE BILL NO. HB0181
Coroner's inquest-amendments.
Sponsored by: Representative(s) Oakley, Clouston, Larson, JT, Lawley, Niemiec, Stith and Wylie and Senator(s) Barlow, Cooper, Landen and Nethercott
A BILL
for
AN ACT relating to inquests; repealing coroner authority to hold inquests; making conforming amendments; repealing conflicting provisions; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 7
‑
4
‑
201(d) and (e), 7
‑
4
‑
209(a), 30
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2
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212(a) and 35
‑
1
‑
418(c) are amended to read:
ARTICLE 2
INVESTIGATIONS
7
‑
4
‑
201.
Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records.
(d)
If a coroner determines the injuries which caused the person's death were received in a county other than that in which the body was found, he shall transfer authority for the investigation
and inquest
to the coroner for that county.
(e)
The expense and costs of conducting the investigation
or holding the inquest
shall be paid by the county in which the injuries were received.
The accounts of the claimants shall be attested by the coroner or acting coroner, and shall be presented in duplicate to the board of county commissioners of the proper county.
If the board of county commissioners finds that
the inquest was necessary and in accordance with law, and
the accounts are correct and just, the accounts shall be paid in warrants properly drawn upon the order of the county commissioners.
7
‑
4
‑
209.
Postmortem examination; liability limitation.
(a)
When
an inquisition is being held
conducting an investigation
, if the coroner
or the jury
shall deem it requisite, he may summon one (1) or more physicians or surgeons, to make an autopsy or postmortem examination.
30
‑
2
‑
212.
Accident investigation; fatal accidents; procedure.
(a)
The inspector, or his deputy when authorized, shall investigate all fatal accidents occurring in connection with mining operations. In his investigation he may compel the attendance of witnesses and administer oaths as
if he were a coroner
to each witness as follows: "You do solemnly swear (or affirm) that the testimony which you shall give to this investigation concerning the death of the person about whom this investigation is being held, shall be the truth, the whole truth and nothing but the truth, so help you God." The inspector shall ensure that all testimony in an investigation shall be recorded
.
The compensation of the court reporter or of the person transcribing the audio tape shall be as prescribed by the department of workforce services. Unless specifically requested by the inspector or district attorney, audio recordings need not be transcribed.
The inspector may issue subpoenas and compel the attendance of witnesses to testify at the investigation. Witnesses shall be allowed the same fees as in cases before a circuit court, and the inspector shall have the same authority to enforce the attendance of witnesses and to punish for contempt as provided by W.S. 1
‑
21
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901 through 1
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21
‑
909.
35
‑
1
‑
418.
Death registration.
(c)
The medical certification shall be completed and signed within a reasonable time after death by the primary health care provider in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the postmortem examination. If the death occurred without medical attendance or if the primary health care provider last in attendance refuses or for any reason fails to sign the certificate immediately, the funeral director or person acting as funeral director shall notify the appropriate local registrar. In that event the local registrar shall inform the local health officer and refer the case to him for immediate investigation and certification of cause of death prior to issuing a permit for burial, cremation or other disposition of the body. If the circumstances of the case suggest that the death was caused by other than natural causes, the local registrar shall refer the case to the coroner for investigation and certification. The coroner shall examine the body and consider the history of the case, and obtain the assistance and advice of a competent physician who will assist the coroner in determining the cause of death by examination of the body, autopsy
, inquest
or other procedure determined necessary. The nonmedical coroner shall not diagnose the cause of death without the assistance and advice of a competent physician, advanced practice registered nurse or physician assistant. The coroner or local health officer shall complete and sign the medical certification within a reasonable time after taking charge of the case.
Section 2
.
W.S. 1
‑
24
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101(a)(iii), 7
‑
4
‑
201(b)(iv) and (c), 7
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4
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202 through 7
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4
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206, 9
‑
1
‑
804(a)(v) and 30
‑
2
‑
212(b) and (c) are repealed.
Section 3.
This act shall apply to all deaths occurring on and after July 1, 2024.
Section 4
.
This act is effective July 1, 2024
.
(END)
1
HB0181