2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 16 - Coroners
Article 2 - Death Investigations
§ 45-16-45. Authority of Coroners and Medical Examiners to Disinter Bodies
In order to implement this article, coroners are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Medical examiners,other than local medical examiners, may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any medical examiner other than a local medical examiner.
(Orig. Code 1863, § 567; Code 1868, § 631; Code 1873, § 590; Code 1882, § 590; Penal Code 1895, § 1258; Penal Code 1910, § 1340; Code 1933, § 21-205; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 21; Ga. L. 1990, p. 1735, § 3.)
Cross references.- Penalty for disinterment of body without good grounds, § 31-21-42.
JUDICIAL DECISIONS
When authority exercisable.
- O.C.G.A. § 45-16-45 is not intended to authorize a medical examiner to bring an action seeking disinterment unless the medical examiner is acting in an official capacity. Wilson v. Wilson, 257 Ga. 584, 361 S.E.2d 381 (1987).
Cited in Stephens v. National Gypsum Co., 685 F. Supp. 847 (M.D. Ga. 1988).
RESEARCH REFERENCES
Am. Jur. 2d.
- 22A Am. Jur. 2d, Dead Bodies, § 50 et seq.
C.J.S.- 25A C.J.S., Dead Bodies, §§ 2, 3, 12, 40.
ALR.- Removal and reinterment of remains, 21 A.L.R.2d 472.
Power of court to order disinterment and autopsy or examination for evidential purposes in civil case, 21 A.L.R.2d 538.
Disinterment in criminal cases, 63 A.L.R.3d 1294.
