2025 Code of Georgia
Title 45 - Public Officers and Employees (Chs. 1 — 25)
Chapter 16 - Coroners (Arts. 1 — 4)
Article 2 - Death Investigations (§§ 45-16-20 — 45-16-51)
Annotations
Opinion Notes
OPINIONS OF THE ATTORNEY GENERAL Certification of cause of death. —It is the duty of the funeral director who first assumes custody of the dead body to obtain medical certification of the cause of death; that medical certification should be completed and signed within 48 hours after death by the physician or osteopath in charge of the patient’s care for the illness or condition which resulted in death except when inquiry is required by the former provisions of the Post-mortem Examination Act. 1968 Op. Att’y Gen. No. 68-294.
A coroner on own initiative may not change the nature of the death recordedon a death certificate based on a subsequent jury verdict in criminal or civil proceedings. 1967 Op. Att'y Gen. No. 67-378.
Eye witnesses not required. —By omitting from this article any reference to the absence of “eye witnesses” and including a reference to “sufficient evidence. . . to disclose the cause of death,” the General Assembly meant to and did relieve the several counties of the necessity to incur the expense of a post mortem and an inquest when there was sufficient evidence to establish the cause of death, whether or not there were eye witnesses. 1954-56 Ga. Op. Att'y Gen. 57.
Research References & Practice Aids
Cross references.Death certificates generally, § 31-10-15 et seq.
Criteria for determining death, § 31-10-16.
RESEARCH REFERENCES Am. Jur. Trials. —Pathology for Litigators, 77 Am. Jur. Trials 407.
ALR.Liability for wrongful autopsy, 18 A. L. R.4th 858.
Transplantation of organs, validity and construction of statutes organizing removal of body parts for transplant, 54 A. L. R.4th 1214.
Homicide: cremation of victim’s body as violation of accused’s rights, 70 A. L. R.4th 1091.
Hierarchy Notes:O. C. G. A. Title 45
O. C. G. A. Title 45, Ch. 16
- § 45-16-20. Short title
- § 45-16-21. Definitions
- § 45-16-22. Medical examiners’ inquiries — Facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance
- § 45-16-23. Delegation of power by coroner or county medical examiner; qualifications of those authorized to perform examinations
- § 45-16-24. Notification of suspicious or unusual deaths; court ordered medical examiner’s inquiry; written report of inquiry
- § 45-16-25. Coroner’s or county medical examiner’s duties after notice of suspicious or unusual death; embalmment; inventory and disposition of deceased’s property; use of deceased’s property for evidence; autopsy required
- § 45-16-25.1. Releasing remains of deceased to next of kin; exception
- § 45-16-26. Assumption of duties by medical examiner in absence of coroner or deputy coroner; signing of death certificates
- § 45-16-27. When inquest to be held; special situations; coroner’s fee; issuance of subpoenas; cost of copying; limited disclosure of photographs
- § 45-16-27.1. Medical examination of unexpected or unexplained death of person under seven years of age
- § 45-16-28. Performance of autopsy when not required under Code Section 45-16-24
- § 45-16-29. Removal of body generally
- § 45-16-30. Transport of body across state line
- § 45-16-31. Authorization of removal of body for convenience of examination; investigation of premises before removal
- § 45-16-32. Report of examination and investigation; maintenance of copies; verification of foul play by forensic laboratory; transmittal of copies of reports to district attorneys
- § 45-16-33. Coroner to make inquest upon completion of examination and verification
- § 45-16-34. Issuance of subpoenas; administration of oath to witnesses
- § 45-16-35. Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person
- § 45-16-36. Impaneling of jury to hold inquest; compensation of jurors
- § 45-16-37. When jury to be impaneled; jury not required to view body
- § 45-16-38. Issuance of precept to sheriff to summon inquest jury; form
- § 45-16-39. Oath for foreperson and jury of inquest
- § 45-16-40. Coroner’s charge to jury; power of jury
- § 45-16-41. Defaulting juror to be fined by coroner
- § 45-16-42. Offering in evidence of results of examination
- § 45-16-43. [Reserved] Receipt as evidence of records, findings, and reports of medical examiners’ inquiries
- § 45-16-44. Disposition of bodies after examination and inquest; payment of burial expenses from deceased’s estate
- § 45-16-45. Authority of coroners and medical examiners to disinter bodies
- § 45-16-46. Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report
- § 45-16-47. Penalty for violation of article
- § 45-16-48. Coroner’s employment of court reporter
- § 45-16-49. Fees
- § 45-16-50. Providing biological substances to canine instructors or schools
- § 45-16-51. Interment of unidentified human remains; disinterment for identification
