2005 California Government Code Sections 27490-27512 Article 2. Inquests

27490.  The coroner shall hold inquests pursuant to this article.
27491.  It shall be the duty of the coroner to inquire into and
determine the circumstances, manner, and cause of all violent,
sudden, or unusual deaths; unattended deaths; deaths wherein the
deceased has not been attended by a physician in the 20 days before
death; deaths related to or following known or suspected self-induced
or criminal abortion; known or suspected homicide, suicide, or
accidental poisoning; deaths known or suspected as resulting in whole
or in part from or related to accident or injury either old or
recent; deaths due to drowning, fire, hanging, gunshot, stabbing,
cutting, exposure, starvation, acute alcoholism, drug addiction,
strangulation, aspiration, or where the suspected cause of death is
sudden infant death syndrome; death in whole or in part occasioned by
criminal means; deaths associated with a known or alleged rape or
crime against nature; deaths in prison or while under sentence;
deaths known or suspected as due to contagious disease and
constituting a public hazard; deaths from occupational diseases or
occupational hazards; deaths of patients in state mental hospitals
serving the mentally disabled and operated by the State Department of
Mental Health; deaths of patients in state hospitals serving the
developmentally disabled and operated by the State Department of
Developmental Services; deaths under such circumstances as to afford
a reasonable ground to suspect that the death was caused by the
criminal act of another; and any deaths reported by physicians or
other persons having knowledge of death for inquiry by coroner.
Inquiry pursuant to this section does not include those investigative
functions usually performed by other law enforcement agencies.
   In any case in which the coroner conducts an inquiry pursuant to
this section, the coroner or a deputy shall personally sign the
certificate of death.  If the death occurred in a state hospital, the
coroner shall forward a copy of his or her report to the state
agency responsible for the state hospital.
   The coroner shall have discretion to determine the extent of
inquiry to be made into any death occurring under natural
circumstances and falling within the provisions of this section, and
if inquiry determines that the physician of record has sufficient
knowledge to reasonably state the cause of a death occurring under
natural circumstances, the coroner may authorize that physician to
sign the certificate of death.
   For the purpose of inquiry, the coroner shall have the right to
exhume the body of a deceased person when necessary to discharge the
responsibilities set forth in this section.
   Any funeral director, physician, or other person who has charge of
a deceased person's body, when death occurred as a result of any of
the causes or circumstances described in this section, shall
immediately notify the coroner. Any person who does not notify the
coroner as required by this section is guilty of a misdemeanor.
27491.1.  In all cases in which a person has died under
circumstances that afford a reasonable ground to suspect that the
person's death has been occasioned by the act of another by criminal
means, the coroner, upon determining that those reasonable grounds
exist, shall immediately notify the law enforcement agency having
jurisdiction over the criminal investigation.  Notification shall be
made by the most direct communication available.  The report shall
state the name of the deceased person, if known, the location of the
remains, and other information received by the coroner relating to
the death, including any medical information of the decedent that is
directly related to the death.  The report shall not include any
information contained in the decedent's medical records regarding any
other person unless that information is relevant and directly
related to the decedent's death.
27491.2.  (a) The coroner or the coroner's appointed deputy, on
being informed of a death and finding it to fall into the
classification of deaths requiring his or her inquiry, may
immediately proceed to where the body lies, examine the body, make
identification, make inquiry into the circumstances, manner, and
means of death, and, as circumstances warrant, either order its
removal for further investigation or disposition or release the body
to the next of kin.
   (b) For purposes of inquiry, the body of one who is known to be
dead from any of the causes or under any of the circumstances
described in Section 27491 shall not be disturbed or moved from the
position or place of death without permission of the coroner or the
coroner's appointed deputy.  Any violation of this subdivision is a
misdemeanor.
27491.25.  The coroner, or the coroner's appointed deputy, on being
notified of a death occurring while the deceased was driving or
riding in a motor vehicle, or as a result of the deceased being
struck by a motor vehicle, shall take blood and urine samples from
the body of the deceased before it has been prepared for burial and
make appropriate related chemical tests to determine the alcoholic
contents, if any, of the body.  The coroner may perform other
chemical tests including, but not limited to, barbituric acid and
amphetamine derivative as deemed appropriate.
   The detailed medical findings, resulting from  those examinations
that are conducted, shall either be reduced to writing or permanently
preserved on recording discs or other similar recording media and
shall include all positive and negative findings pertinent to the
presence or absence of any alcoholic or other substance content.
   This section shall not apply to the testing of deceased persons
under the age of 15 years, unless the surrounding circumstances
indicate the possibility of alcoholic, barbituric acid, and
amphetamine derivative consumption, nor shall it apply when the death
has occurred more than 24 hours after the accident.
27491.3.  (a) In any death into which the coroner is to inquire, the
coroner may take charge of any and all personal effects, valuables,
and property of the deceased at the scene of death or related to the
inquiry and hold or safeguard them until lawful disposition thereof
can be made.  The coroner may lock the premises and apply a seal to
the door or doors prohibiting entrance to the premises, pending
arrival of a legally authorized representative of the deceased.
However, this shall not be done in such a manner as to interfere with
the investigation being conducted by other law enforcement agencies.
  Any costs arising from the premises being locked or sealed while
occupied by property of the deceased may be a proper and legal charge
against the estate of the deceased.  Unless expressly permitted by
law, any person who enters any premises or tampers with or removes
any lock or seal in violation of this section is guilty of a
misdemeanor.
   (b) Any property or evidence related to the investigation or
prosecution of any known or suspected criminal death may, with
knowledge of the coroner, be delivered to a law enforcement agency or
district attorney, receipt for which shall be acknowledged.
   (c) Except as otherwise provided in subdivision (d), any person
who searches for or removes any papers, moneys, valuable property or
weapons constituting the estate of the deceased from the person of
the deceased or from the premises, prior to arrival of the coroner or
without the permission of the coroner, is guilty of a misdemeanor.
At the scene of any death, when it is immediately apparent or when it
has not been previously recognized and the coroner's examination
reveals that police investigation or criminal prosecution may ensue,
the coroner shall not further disturb the body or any related
evidence until the law enforcement agency has had reasonable
opportunity to respond to the scene, if their purposes so require and
they so request.  Custody and control of the body shall remain with
the coroner at all times.  Reasonable time at the scene shall be
allowed by the coroner for criminal investigation by other law
enforcement agencies, with the time and location of removal of the
remains to a convenient place to be determined at the discretion of
the coroner.
   (d) A peace officer may search the person  or property on or about
the person of the deceased, whose death is due to a traffic
accident, for a driver's license or identification card to determine
if an anatomical donor card is attached.  If a peace officer locates
such an anatomical donor card which indicates that the deceased is an
anatomical donor, the peace officer shall immediately furnish such
information to the coroner having jurisdiction.
   "Peace officer," as used in this subdivision, means only those
persons designated in Sections 830.1 and 830.2 of the Penal Code.
27491.4.  (a) For purposes of inquiry the coroner shall, within 24
hours or as soon as feasible thereafter, where the suspected cause of
death is sudden infant death syndrome and, in all other cases, the
coroner may, in his or her discretion, take possession of the body,
which shall include the authority to exhume the body, order it
removed to a convenient place, and make or cause to be made a
postmortem examination or autopsy thereon, and make or cause to be
made an analysis of the stomach, stomach contents, blood, organs,
fluids, or tissues of the body.  The detailed medical findings
resulting from an inspection of the body or autopsy by an examining
physician shall be either reduced to writing or permanently preserved
on recording discs or other similar recording media, shall include
all positive and negative findings pertinent to establishing the
cause of death in accordance with medicolegal practice and this,
along with the written opinions and conclusions of the examining
physician, shall be included in the coroner's record of the death.
The coroner shall have the right to retain only those tissues of the
body removed at the time of the autopsy as may, in his or her
opinion, be necessary or advisable to the inquiry into the case, or
for the verification of his or her findings.  No person may be
present during the performance of a coroner's autopsy without the
express consent of the coroner.
   (b) In any case in which the coroner knows, or has reason to
believe, that the deceased has made valid provision for the
disposition of his or her body or a part or parts thereof for medical
or scientific purposes in accordance with Chapter 3.5 (commencing
with Section 7150) of Part 1 of Division 7 of the Health and Safety
Code, the coroner shall neither perform nor authorize any other
person to perform an autopsy on the body unless the coroner has
contacted or attempted to contact the physician last in attendance to
the deceased.  If the physician cannot be contacted, the coroner
shall then notify or attempt to notify one of the following of the
need for an autopsy to determine the cause of death:  (1) the
surviving spouse; (2) a surviving child or parent; (3) a surviving
brother or sister; (4) any other kin or person who has acquired the
right to control the disposition of the remains.  Following a period
of 24 hours after attempting to contact the physician last in
attendance and notifying or attempting to notify one of the
responsible parties listed above, the coroner may perform or
authorize the performance of an autopsy, as otherwise authorized or
required by law.
   (c) Nothing in this section shall be deemed to prohibit the
discretion of the coroner to conduct autopsies upon any victim of
sudden, unexpected, or unexplained death or any death known or
suspected of resulting from an accident, suicide, or apparent
criminal means, or other death, as described in Section 27491.
27491.41.  (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
   (b) The Legislature finds and declares that sudden infant death
syndrome (SIDS) is the leading cause of death for children under age
one, striking one out of every 500 children.  The Legislature finds
and declares that sudden infant death syndrome is a serious problem
within the State of California, and that public interest is served by
research and study of sudden infant death syndrome, and its
potential causes and indications.
   (c) (1) To facilitate these purposes, the coroner shall, within 24
hours, or as soon thereafter as feasible, perform an autopsy in any
case where an infant has died suddenly and unexpectedly.
   (2) However, if the attending physician desires to certify that
the cause of death is sudden infant death syndrome, an autopsy may be
performed at the discretion of the coroner.  If the coroner performs
an autopsy pursuant to this section, he or she shall also certify
the cause of death.
   (d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Health Services.  The
protocol is exempt from the procedural requirements pertaining to the
adoption of administrative rules and regulations pursuant to Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code.  The protocol shall be
developed and approved by July 1, 1990.
   (e) The protocol shall be followed by all coroners throughout the
state when conducting the autopsies required by this section.  The
coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner's findings are
consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol.  The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements.  The protocol may also require
that specific tissue samples must be provided to a central tissue
repository designated by the State Department of Health Services.
   (f) The State Department of Health Services shall establish
procedures and protocols for access by researchers to any tissues, or
other materials or data authorized by this section.  Research may be
conducted by any individual with a valid scientific interest and
prior approval from the State Committee for the Protection of Human
Subjects.  The tissue samples, the materials, and all data shall be
subject to the confidentiality requirements of Section 103850 of the
Health and Safety Code.
   (g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
   (h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.
   (i) No consent of any person is required prior to undertaking the
autopsy required by this section.
27491.43.  (a) (1) Notwithstanding any other provision of law,
except as otherwise provided in this section in any case in which the
coroner, before beginning an autopsy, dissection, or removal of
corneal tissue, pituitary glands, or any other organ, tissue, or
fluid, has received a certificate of religious belief, executed by
the decedent as provided in subdivision (b), that the procedure would
be contrary to his or her religious belief, the coroner shall not
perform that procedure on the body of the decedent.
   (2) If, before beginning the procedure, the coroner is informed by
a relative or a friend of the decedent that the decedent had
executed a certificate of religious belief, the coroner shall not
perform the procedure, except as otherwise provided in this section,
for 48 hours.  If the certificate is produced within 48 hours, the
case shall be governed by this section.  If the certificate is not
produced within that time, the case shall be governed by the other
provisions of this article.
   (b) Any person, 18 years of age or older, may execute a
certificate of religious belief which shall state in clear and
unambiguous language that any postmortem anatomical dissection or
that specified procedures would violate the religious convictions of
the person.  The certificate shall be signed and dated by the person
in the presence of at least two witnesses.  Each witness shall also
sign the certificate and shall print on the certificate his or her
name and residence address.
   (c) Notwithstanding the existence of a certificate, the coroner
may at any time perform an autopsy or any other procedure if he or
she has a reasonable suspicion that the death was caused by the
criminal act of another or by a contagious disease constituting a
public health hazard.
   (d) (1) If a certificate is produced, and if subdivision (c) does
not apply, the coroner may petition the superior court, without fee,
for an order authorizing an autopsy or other procedure or for an
order setting aside the certificate as invalid.  Notice of the
proceeding shall be given to the person who produced  the
certificate.  The proceeding shall have preference over all other
cases.
   (2) The court shall set aside the certificate if it finds that the
certificate was not properly executed or that it does not clearly
state the decedent's religious objection to the proposed procedure.
   (3) The court may order an autopsy or other procedure despite a
valid certificate if it finds that the cause of death is not evident,
and that the interest of the public in determining the cause of
death outweighs its interest in permitting the decedent and like
persons fully to exercise their religious convictions.
   (4) Any procedure performed pursuant to paragraph (3) shall be the
least intrusive procedure consistent with the order of the court.
   (5) If the petition is denied, and no stay is granted, the body of
the deceased shall immediately be released to the person authorized
to control its disposition.
   (e) In any case in which the circumstances, manner, or cause of
death is not determined because of the provisions of this section,
the coroner may state on the certificate of death that an autopsy was
not conducted because of the provisions of this section.
   (f) A coroner shall not be liable for damages in a civil action
for any act or omission taken in compliance with the provisions of
this section.
27491.44.  Notwithstanding any other provision of law, the coroner
is authorized to do all of the following:
   (a) Assist the people of this state, as appropriate, in the
implementation of the Uniform Anatomical Gift Act contained in
Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of
the Health and Safety Code, and in the otherwise lawful utilization
of medically proven organ and tissue transplant procedures.
   (b) Cooperate in the authorized removal and timely disposition of
human organs and tissue from the bodies of deceased persons,
including victims of homicide, in accordance with law and accepted
medical practice.
   (c) Assist medical and health service agencies in identifying
donors of human organs and tissues, for purposes of providing
life-enhancing benefits of transplant surgery to recipients under
duly sanctioned medical conditions.
   (d) Ask the deceased person's next of kin, at the time of
notification of death, whether the deceased was a donor or if the
family was a donor family.  If not, the coroner is authorized to
inform them of their option to donate viable organs and tissues.
   (e) Enter into agreements with one or more procurement
organizations to coordinate organ recovery procedures within that
coroner's jurisdiction or in cooperation with other coroners
throughout the state.
   (f) Contract with or receive assistance of any kind from any
public or private entity for the purpose of providing education and
training to his or her personnel in pathology or any other area of
the healing arts and sciences that will assist in timely
determination of the causes of death.
27491.45.  (a) (1) The coroner shall have the right to retain parts
of the body, as defined in subdivision (g) of Section 7150.1 of the
Health and Safety Code, removed at the time of autopsy or acquired
during a coroner's investigation as may, in the opinion of the
coroner, be necessary or advisable for scientific investigation and
training.  The coroner may employ or use outside laboratories,
hospitals, or research institutions in the conduct of the coroner's
scientific investigation or training.
   (2) Parts of the body retained pursuant to paragraph (1) may be
released by the coroner to hospitals, medical educational research
institutions, and law enforcement agencies for noncoroner training,
educational, and research purposes, either upon consent of the
decedent or other person, as specified in Section 7151 of the Health
and Safety Code, or after a reasonable effort has been made to locate
and inform persons listed in subdivision (a) of Section 7151 of the
Health and Safety Code of their option to consent or object to the
release, and the appropriate person consents or that effort has been
unsuccessful.  A reasonable effort shall be deemed to have been made
when a search for the persons has been underway for at least 12
hours.  The search shall include a check of local police missing
persons records, examination of personal effects, and the questioning
of any persons visiting the decedent before his or her death or in
the hospital, accompanying the decedent's body, or reporting the
death, in order to obtain information that might lead to the location
of any persons listed in subdivision (a) of Section 7151 of the
Health and Safety Code.
   (b) The coroner may, in his or her discretion, allow removal of
parts of the body by a licensed physician and surgeon or trained
transplant technician for transplant, or therapeutic, or scientific
purposes pursuant to Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code, only if the
following conditions are met:
   (1) The provision of the part will not unnecessarily mutilate the
body or interfere with the autopsy.
   (2) The decedent or other person, as specified in Section 7151 of
the Health and Safety Code, has consented to the provision of the
part, as prescribed by Section 7154 of the Health and Safety Code, or
after a reasonable effort has been made to locate and inform persons
listed in subdivision (a) of Section 7151 of the Health and Safety
Code of their option to consent or object to the release, and the
appropriate person consents, or that effort has been unsuccessful.  A
reasonable effort shall be deemed to have been made when a search
for the persons has been underway for at least 12 hours.  The search
shall include a check of local police missing persons records,
examination of personal effects, and the questioning of any persons
visiting the decedent before his or her death or in the hospital,
accompanying the decedent's body, or reporting the death, in order to
obtain information that might lead to the location of any persons
listed in subdivision (a) of Section 7151 of the Health and Safety
Code.  In obtaining this gift, the coroner shall notify the donor of
the specific part or parts requested and shall obtain the donor's
informed consent, as provided in Section 7150.5 or 7151 of the Health
and Safety Code.
   (c) Nothing in this section shall be construed as limiting any
right provided for in Section 7152 of the Health and Safety Code.
   (d) For purposes of this section, "trained transplant technician"
means a person who has completed training in tissue removal for
transplant or therapeutic, or scientific purposes, which the coroner
determines to be adequate for the purposes.
27491.46.  (a) The coroner shall have the right to retain pituitary
glands solely for transmission to a university, for use in research
or the advancement of medical science, in those cases in which the
coroner has performed an autopsy pursuant to this chapter, and during
a 48-hour period following such autopsy the body has not been
claimed and the coroner has not been informed of any relatives of the
decedent.
   (b) In the course of any autopsy performed by the coroner, the
coroner may remove the pituitary gland from the body for transmittal
to any public agency for use in manufacturing a hormone necessary for
the physical growth of persons who are, or may become, hypopituitary
dwarfs, if the coroner has no knowledge of objection to the removal
and release of the pituitary gland having been made by the decedent
or any other person specified in Section 7151.5 of the Health and
Safety Code.  Neither the coroner nor the medical examiner
authorizing the removal of the pituitary gland, nor any hospital,
medical center, tissue bank, storage facility, or person acting upon
the request, order, or direction of the coroner or medical examiner
in the removal of the pituitary gland pursuant to this section, shall
incur civil liability for the removal of the pituitary gland in an
action brought by any person who did not object prior to the removal
of the pituitary gland, nor be subject to criminal prosecution for
removal of the pituitary gland pursuant to the authority of this
section.
   Nothing in this subdivision shall supersede the terms of any gift
made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1
of Division 7 of the Health and Safety Code.
27491.47.  (a) Notwithstanding any other provision of law, the
coroner may, in the course of an autopsy, remove and release or
authorize the removal and release of corneal eye tissue from a body
within the coroner's custody, if all of the following conditions are
met:
   (1) The autopsy has otherwise been authorized.
   (2) The coroner has no knowledge of objection to the removal and
release of corneal tissue having been made by the decedent or any
other person specified in Section 7151 of the Health and Safety Code
and has obtained any one of the following:
   (A) A dated and signed written consent by the donor or any other
person specified in Section 7151 of the Health and Safety Code on a
form that clearly indicates the general intended use of the tissue
and contains the signature of at least one witness.
   (B) Proof of the existence of a recorded telephonic consent by the
donor or any other person specified in Section 7151 of the Health
and Safety Code in the form of an audio tape recording of the
conversation or a transcript of the recorded conversation, which
indicates the general intended use of the tissue.
   (C) A document recording a verbal telephonic consent by the donor
or any other person specified in Section 7151 of the Health and
Safety Code, witnessed and signed by no less than two members of the
requesting entity, hospital, eye bank, or procurement organization,
memorializing the consenting person's knowledge of and consent to the
general intended use of the gift.
   The form of consent obtained under subparagraph (A), (B), or (C)
shall be kept on file by the requesting entity and the official
agency for a minimum of three years.
   (3) The removal of the tissue will not unnecessarily mutilate the
body, be accomplished by enucleation, nor interfere with the autopsy.
   (4) The tissue will be removed by a coroner, licensed physician
and surgeon, or a trained transplant technician.
   (5) The tissue will be released to a public or nonprofit facility
for transplant, therapeutic, or scientific purposes.
   (b) Neither the coroner nor medical examiner authorizing the
removal of the corneal tissue, nor any hospital, medical center,
tissue bank, storage facility, or person acting upon the request,
order, or direction of the coroner or medical examiner in the removal
of corneal tissue pursuant to this section, shall incur civil
liability for the removal in an action brought by any person who did
not object prior to the removal of the corneal tissue, nor be subject
to criminal prosecution for the removal of the corneal tissue
pursuant to the provisions of this section.
   (c) This section may not be construed to interfere with the
ability of a person to make an anatomical gift pursuant to the
Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code).
27491.5.  The cause of death appearing on a certificate of death
signed by the coroner shall be in conformity with facts ascertained
from inquiry, autopsy and other scientific findings.  In case of
death without medical attendance and without violence, casualty,
criminal or undue means, the coroner may, without holding an inquest
or autopsy, make the certificate of death from statements of
relatives, persons last in attendance, or persons present at the time
of death, after due medical consultation and opinion has been given
by one qualified and licensed to practice medicine and so recorded in
the records of the death, providing such information affords clear
grounds to establish the correct medical cause of death within
accepted medical practice and within the requirements for accuracy
prescribed by the Division of Vital Statistics of the State
Department of Health Services.  The coroner shall not finally exclude
crime, suicide, or accident as a cause of death because of lack of
evidence.
27491.55.  In any case where a coroner is required to inquire into a
death pursuant to Section 27491, the coroner may delegate his or her
jurisdiction over the death to an agency of another county or the
federal government when all of the following conditions have been
met:
   (a) The other agency has either requested the delegation of
jurisdiction, or has agreed to take jurisdiction at the request of
the coroner.
   (b) The other agency has the authority to perform the functions
being delegated.
   (c) When both the coroner and the other agency have a
jurisdictional interest or involvement in the death.
27491.6.  The coroner may also, in his discretion, if the
circumstances warrant, hold an inquest, and he shall hold an inquest
if requested to do so by the Attorney General, the district attorney,
sheriff, city prosecutor, city attorney, or a chief of police of a
city in the county in which such coroner has jurisdiction.  Such
inquest shall be held with or without a jury, at the coroner's
discretion and shall be open to the public.
27491.7.  The coroner, his authorized deputy, or a hearing officer
shall conduct the inquest.
27491.8.  (a) When the coroner seeks a confidential communication of
a deceased person that is privileged under Article 6 (commencing
with Section 990) or Article 7 (commencing with Section 1010) of
Chapter 4 of Division 8 of the Evidence Code, by means of a subpoena
or subpoena duces tecum, for the purpose of inquiry into, and
determination of, the circumstances, manner, and cause of death as
set forth in Section 27491, or for the sole purpose of being
introduced as evidence at a coroner's inquest proceeding, the coroner
shall provide notice to the decedent's personal representative
personally or at his or her last known address, not less than 15 days
prior to the date the records are to be delivered to the presiding
judge of the superior court.  The notice shall inform the personal
representative that he or she may provide to the court a written
objection to the disclosure or to any part thereof, on or before the
date for delivery thereof to the court.  The custodian shall deliver
the records to the presiding judge of the superior court in a
confidential manner.  The presiding judge shall examine the records
in camera. If there is good cause, the presiding judge shall direct
the custodian to disclose to the coroner those portions of the
records which the judge determines are relevant to the coroner's
inquiry or inquest.
   (b) A communication made available to the coroner pursuant to this
section is confidential, except insofar as it is introduced into
evidence at a coroner's inquest proceeding, and shall not be
distributed or made available to any other person, agency, firm, or
corporation.
   (c) This communication shall not be admissible as former testimony
pursuant to Article 9 (commencing with Section 1290) of Chapter 2 of
Division 10 of the Evidence Code.
   (d) After the investigation or inquest has terminated, the court
shall order the records thereof to be sealed as necessary to protect
the confidentiality of the decedent's medical or mental health
information.
   (e) This section shall become operative on January 1, 2003.
27492.  The coroner shall summon, or cause to be summoned by any
sheriff or policeman, not less than nine nor more than 15 persons,
qualified by law to serve as jurors, to appear before him forthwith,
either at the place where the body of the deceased is or at some
other convenient place within the county designated by him, or at the
request of the district attorney, to inquire into the cause of the
death.
27493.  No person summoned is exempt from jury duty except at the
discretion of the coroner.  No person shall be summoned as juror who
is related to the decedent or is charged with or suspected of the
killing, nor shall anyone be summoned who is known to be prejudiced
for or against him.  No person selected or summoned to appear as a
juror is subject to be challenged by any party.
27497.  After the jury has been sworn and charged by the coroner it
may, if deemed necessary and so ordered by him, go with him to view
and examine the body of the deceased person.  On order of the coroner
the jury shall retire to any convenient place specified by him to
hear the testimony of witnesses and deliberate upon its verdict.
27498.  (a) The coroner may issue subpoenas for witnesses,
returnable forthwith or at such time and place as the coroner
appoints, which may be served by any competent person.  The coroner
may also require any such witness to bring with him or her any books,
records, documents, or other things under the control of the witness
which, in the opinion of the coroner, are necessary to the conduct
of the inquest and as a further aid in determining the circumstances,
manner, and cause of death of the decedent.  To enforce the
provisions of this section, the coroner may issue subpoenas duces
tecum in accordance with Section 1985 of the Code of Civil Procedure.
  In case of failure of a witness to attend, and in the case of a
subpoena duces tecum, for the failure to produce the items set forth
therein, the coroner, or the coroner's authorized deputy, issuing the
subpoena upon proof of service thereof, and the failure of the
witness, may certify the facts to the superior court in the county
where the proceedings are held.  The court shall thereupon issue an
order directing the person to appear before the court and show cause
why he or she should not be ordered to comply.  The order and a copy
of the certified statement shall be served on the person.  Thereafter
the court shall have jursidiction of the matter.  The same
proceedings shall be had, the same penalties may be imposed and the
person charged may purge himself or herself of the contempt in the
same way as in the case of a person who has committed a contempt in
the trial of a civil action before a superior court.  The items set
forth on the subpoena duces tecum shall not be made public unless an
inquest is held.
   (b) Any books, records, documents, or other things under the
control of a law enforcement agency, subpoenaed pursuant to
subdivision (a), shall not themselves be made a part of the record in
any coroner's inquest without the written consent of the law
enforcement agency, when such inquest pertains to a death caused by a
police officer.
27499.  The coroner shall summon and examine as witnesses every
person who in his opinion or that of any of the jury has any
knowledge of the facts.  He may summon a surgeon or physician to
inspect the body or hold a post mortem examination or a chemist to
make an analysis of the stomach or the tissues of the deceased and
give a professional opinion as to the cause of the death.
27499.1.  Where the names and addresses of possible witnesses have
been furnished to the coroner by the next of kin of the deceased, an
attorney for the next of kin, or the district attorney, the coroner
shall, if it reasonably appears to him that the persons named are in
fact necessary witnesses, subpoena such persons to appear at the
inquest hearing.
27500.  Any witness served with a subpena who wilfully and without
reasonable excuse fails to attend and testify is guilty of a
misdemeanor.
27501.  The coroner may adjourn the inquest from time to time as may
be necessary.
27502.  The coroner shall cause the testimony given by any witness
to be reduced to writing or recorded either in shorthand or by a
mechanical recording device.  It may, if recorded, at his discretion,
be transcribed into typewriting by him or under his direction.  He
may employ a clerk or stenographer for the purpose.  When the
testimony is taken down by a stenographer, his duly certified
transcription thereof constitutes the deposition of the witness.  The
compensation of the clerk or stenographer shall be the same as that
allowed to stenographers in the superior court of the county and is a
legal charge against the county.
27502.2.  The inquest verdict or decision shall be inadmissible as
evidence in any civil or criminal proceeding.
27503.  The transcript of the testimony of the witnesses examined in
the coroner's inquest shall be completed and filed within 10 days
following the inquest with either the coroner's office or the county
clerk as determined by the board of supervisors.
27504.  After hearing the testimony, the jury shall render its
verdict and certify it by an inquisition in writing signed by the
members of the jury, or the coroner shall render his decision if the
inquest is by the coroner sitting without a jury, setting forth the
name of the deceased, the time and place of death, the medical cause
of death and whether the death was by (1) natural causes, (2)
suicide, (3) accident, or (4) the hands of another person other than
by accident.  Such findings shall not include nor shall they make any
reference to civil or criminal responsibility on the part of the
deceased or any other person.
27504.1.  If the findings are that the deceased met his or her death
at the hands of another, the coroner shall, in addition to filing
the report in his or her office or with the county clerk, as
determined by the board of supervisors pursuant to Section 27503,
transmit his or her written findings to the district attorney, the
police agency wherein the dead body was recovered, and any other
police agency requesting copies of the findings.
   The findings and conclusions provided for in this article shall be
sufficient to satisfy the cause of death information required in
death certificates under Section 102875 of the Health and Safety
Code.
27511.  There shall be but one inquest upon a body, unless that
taken is set aside by the court, and there shall be but one inquest
held upon several bodies of persons who were killed by the same cause
and died at the same time.
27512.  If it appears that an error in the identity of the body has
been made by the jury, the coroner may call another inquest without
reference to the court, and a memorandum of the error shall be
entered upon the erroneous inquisition.