2007 Oregon Code - Chapter 146 :: Chapter 146 - Investigations of Deaths - Injuries and Missing Persons
Chapter 146
Investigations of Deaths,
Injuries and
Missing Persons
2007 EDITION
DEATHS, INJURIES AND MISSING PERSONS
PROCEDURE IN CRIMINAL MATTERS GENERALLY
INVESTIGATION OF DEATHS
(Definitions)
146.003 Definitions
for ORS 146.003 to 146.189 and 146.710 to 146.992
(Administrative Provisions)
146.015 State
Medical Examiner Advisory Board; Department of State Police rules; appointment
of State Medical Examiner
146.025 Functions
of board
146.035 State
Medical Examiner; personnel; records; right to examine records
146.045 Duties
of State Medical Examiner
146.055 Advice;
autopsies; training programs; report
146.065 County
and district medical examiners; appointment; Deputy State Medical Examiner
146.075 District
office duties; personnel; expenses for certain duties; records and reports
146.080 Assistant
district medical examiner
146.085 Deputy
medical examiners
146.088 When
medical examiner is officer or employee of public body
146.090 Deaths
requiring investigation
146.095 Investigation;
certification; report; training
146.100 Where
death considered to have occurred; notification of death required
146.103 Removal
of body, effects or weapons prohibited without consent
146.107 Authority
to enter and secure certain premises
146.109 Notification
of next of kin
146.113 Authority
to order removal of body fluids
146.117 Autopsies
146.121 Disposition
of body; filing; expenses
146.125 Disposition
of personal property
(Inquest)
146.135 Authority
to order inquest
146.145 Jury
of inquest
146.155 Inquest
proceedings
146.165 Verdict;
findings; testimony and verdict of inquest as admissible evidence in subsequent
proceedings
IDENTIFICATION OF DEAD AND MISSING PERSONS
146.171 Unidentified
human remains; maintenance of records
146.174 Medical
examiner to provide information about unidentified human remains;
identification
146.177 Procedures
for investigating missing persons
146.181 Missing
persons; police report; supplementary report
146.184 Medical
practitioners to provide information about missing persons
146.187 DNA
sample
146.189 Use
of records to identify human remains and missing persons; disposition of
records
INVESTIGATIONS OF INJURIES
146.710 Definition
for ORS 146.710 to 146.780
146.730 Investigation
146.740 Reports
of medical examiner
146.750 Injuries
to be reported to medical examiner
146.760 Immunity
of participant in making of report
146.780 Confidentiality
of records and reports
PENALTIES
146.992 Penalties
146.001 [Formerly 146.087; repealed by 1987 c.517 §1 (432.300 enacted in lieu
of 146.001)]
INVESTIGATION OF DEATHS
(Definitions)
146.003
Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992. As used in ORS 146.003 to 146.189 and
146.710 to 146.992, unless the context requires otherwise:
(1) Approved laboratory means a
laboratory approved by the State Medical Examiner as competent to perform the
blood sample analysis required by ORS 146.113 (2).
(2) Assistant district medical examiner
means a physician appointed by the district medical examiner to investigate and
certify deaths within a county or district.
(3) Cause of death means the primary or
basic disease process or injury ending life.
(4) Death requiring investigation means
the death of a person occurring in any one of the circumstances set forth in
ORS 146.090.
(5) Deputy medical examiner means a
person appointed by the district medical examiner to assist in the
investigation of deaths within a county.
(6) District medical examiner means a
physician appointed by the State Medical Examiner to investigate and certify
deaths within a county or district, including a Deputy State Medical Examiner.
(7) Law enforcement agency means a
county sheriffs office, municipal police department and the Oregon State
Police.
(8) Legal intervention includes an
execution pursuant to ORS 137.463, 137.467 and 137.473 and other legal use of
force resulting in death.
(9) Manner of death means the
designation of the probable mode of production of the cause of death, including
natural, accidental, suicidal, homicidal, legal intervention or undetermined.
(10) Medical examiner means a physician
appointed as provided by ORS 146.003 to 146.189 to investigate and certify the
cause and manner of deaths requiring investigation, including the State Medical
Examiner.
(11) Pathologist means a physician
holding a current license to practice medicine and surgery and who is eligible
for certification by the American Board of Pathology.
(12) Unidentified human remains does not
include human remains that are unidentified human remains that are part of an
archaeological site or suspected of being Native American and covered under ORS
chapters 97 and 390 and ORS 358.905 to 358.961. [1973 c.408 §1a; 1995 c.744 §17;
2007 c.500 §1]
146.005 [1959 c.629 §8; 1965 c.221 §14; repealed by
1973 c.408 §35]
146.010 [Amended by 1959 c.629 §16; renumbered
10.810]
(Administrative
Provisions)
146.015
State Medical Examiner Advisory Board; Department of State Police rules;
appointment of State Medical Examiner. (1) There is hereby established the State Medical Examiner Advisory
Board.
(2) The advisory board shall make policies
for the administration of ORS 146.003 to 146.189 and the Department of State
Police shall make rules to effectuate such policies.
(3) The advisory board shall recommend the
name or names of pathologists to the Superintendent of State Police from which
the superintendent shall appoint the State Medical Examiner.
(4) The State Medical Examiner Advisory
Board shall consist of 10 members appointed by the Governor and shall include:
(a) The Chairman of the Department of
Anatomic Pathology at the Oregon Health and Science University, who shall be
the chairperson of the board;
(b) The State Health Officer;
(c) A sheriff;
(d) A trauma physician recommended by the
State Trauma Advisory Board;
(e) A pathologist;
(f) A district attorney;
(g) A funeral service practitioner and
embalmer licensed by the State Mortuary and Cemetery Board;
(h) A chief of police;
(i) A member of the defense bar; and
(j) A member of the public at large.
(5) The persons described in subsection
(4)(a) and (b) of this section shall serve as long as they hold their
respective positions. The terms of the persons described in subsection (4)(c),
(f) and (h) of this section shall be for four years, except that they shall
become vacant if the person ceases to be a sheriff, district attorney or chief
of police, respectively. The terms of the other members of the board shall be
four years.
(6) A member of the advisory board is
entitled to compensation and expenses as provided in ORS 292.495.
(7) The advisory board shall meet annually
at a time and place determined by the chairperson. The chairperson or any four
members of the board may call a special meeting upon not less than one weeks notice
to the members of the board.
(8) Six members of the board shall
constitute a quorum. [1973 c.408 §2; 1995 c.744 §9]
146.020 [Renumbered 10.820]
146.025
Functions of board. In
addition to the duties set forth in ORS 146.015 the State Medical Examiner
Advisory Board shall:
(1) Recommend to the
(2) Recommend to the county courts the
compensation of the district medical examiners and assistant district medical
examiners.
(3) Recommend to district medical
examiners and district attorneys the qualifications for deputy medical
examiners.
(4) Approve or disapprove of a single
district medical examiners office for two or more counties as provided by ORS
146.065 (5).
(5) Recommend a proposed budget for the
State Medical Examiners office to the Department of State Police.
(6) Annually review the State Medical
Examiners report prescribed by ORS 146.055 and report to the Superintendent of
State Police and to the State Board of Health regarding the operation of the
State Medical Examiners office. [1973 c.408 §3; 1995 c.744 §10]
146.030 [1959 c.629 §10; 1965 c.221 §15; repealed by
1973 c.408 §35]
146.035
State Medical Examiner; personnel; records; right to examine records. (1) There shall be established within the
Department of State Police the State Medical Examiners office for the purpose
of directing and supporting the state death investigation program.
(2) The State Medical Examiner shall
manage all aspects of the State Medical Examiners program.
(3) Subject to the State Personnel
Relations Law, the State Medical Examiner may employ or discharge other
personnel of the State Medical Examiners office.
(4) The State Medical Examiners office
shall:
(a) File and maintain appropriate reports
on all deaths requiring investigation.
(b) Maintain an accurate list of all
active district medical examiners, assistant district medical examiners and
designated pathologists.
(c) Transmit monthly to the Department of
Transportation a report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Any parent, spouse, child or personal
representative of the deceased, or any person who may be criminally or civilly
liable for the death, or their authorized representatives respectively, may
examine and obtain copies of any medical examiners report, autopsy report or
laboratory test report ordered by a medical examiner under ORS 146.117. The
system described in ORS 192.517 (1) shall have access to reports described in
this subsection as provided in ORS 192.517. [1973 c.408 §4; 1987 c.142 §1; 1995
c.504 §3; 1995 c.744 §8; 2003 c.14 §60; 2005 c.498 §1]
146.040 [1959 c.629 §1; repealed by 1973 c.408 §35]
146.045
Duties of State Medical Examiner. (1) After consultation with the State Medical Examiner Advisory Board,
the State Medical Examiner shall appoint each Deputy State Medical Examiner.
(2) The State Medical Examiner shall:
(a) Appoint and discharge each district
medical examiner as provided by ORS 146.065 (2).
(b) Designate those pathologists
authorized to perform autopsies under ORS 146.117 (2).
(c) Approve those laboratories authorized
to perform the analyses required under ORS 146.113 (2).
(3) The State Medical Examiner may:
(a) Assume control of a death
investigation in cooperation with the district attorney.
(b) Order an autopsy in a death requiring
investigation.
(c) Certify the cause and manner of a
death requiring investigation.
(d) Amend a previously completed death
certificate on a death requiring investigation.
(e) Order a body exhumed in a death
requiring investigation.
(f) Designate a Deputy State Medical
Examiner as
(g) After a reasonable and thorough
investigation, complete and file a death certificate for a person whose body is
not found.
(4) Distribution of moneys from the State
Medical Examiners budget for partial reimbursement of each countys autopsy
expenditures shall be made subject to approval of the State Medical Examiner.
(5) Within 45 days of receipt of
information that a person is missing at sea and presumed dead, the State
Medical Examiner shall determine whether the information is credible and, if
so, complete and file a death certificate for the person presumed dead. If the
information is determined not to be credible, the State Medical Examiner may
continue the death investigation. [1973 c.408 §5; 2005 c.90 §1]
146.050 [1959 c.629 §2; repealed by 1973 c.408 §35]
146.055
Advice; autopsies; training programs; report. (1) The State Medical Examiner shall assist and advise district
medical examiners in the performance of their duties.
(2) The State Medical Examiner shall
perform autopsies, if in the judgment of the State Medical Examiner such
autopsy is necessary in any death requiring investigation, when requested by a
medical examiner or district attorney.
(3) The State Medical Examiner shall
regularly conduct training programs for the district medical examiners and law
enforcement agencies.
(4) The State Medical Examiner shall
submit an annual report to the State Medical Examiner Advisory Board detailing
the activities and accomplishments of the state and each county office in the
preceding year as well as a cost analysis of the office of the State Medical
Examiner. [1973 c.408 §6]
146.060 [1959 c.629 §3; repealed by 1973 c.408 §35]
146.065
County and district medical examiners; appointment; Deputy State Medical
Examiner. (1) In each county
there shall be a medical examiner for the purpose of investigating and
certifying the cause and manner of deaths requiring investigation.
(2) Each district medical examiner shall
be appointed by the State Medical Examiner with approval of the appropriate
board or boards of commissioners and may be discharged by the State Medical
Examiner without such approval.
(3) If the position of district medical
examiner is vacant, the county health officer shall temporarily act as medical
examiner in cooperation with the State Medical Examiner until the vacancy is
filled.
(4) If the positions of district medical
examiner and county health officer are both vacant, the district attorney shall
temporarily act as medical examiner in cooperation with the State Medical
Examiner until the vacancy is filled.
(5) Two or more counties, with the
approval of the State Medical Examiner Advisory Board and commissioners of each
county, may form a district medical examiners office instead of an office for
each such county.
(6) When a county or district has a
population of 200,000 or more persons, the State Medical Examiner may, with the
approval of the State Medical Examiner Advisory Board, appoint a Deputy State
Medical Examiner for that county or district.
(7) The compensation of the Deputy State
Medical Examiner shall be paid by the state from funds available for such
purpose.
(8) The services of the Deputy State
Medical Examiner may be contracted by the Department of State Police. These
contracts may be terminated by either party at any time by written notice to
the other party to the agreement and, upon termination, the appointment of such
Deputy State Medical Examiner is terminated. [1973 c.408 §7; 1995 c.744 §11]
146.070 [1959 c.629 §4; 1969 c.314 §8; repealed by
1973 c.408 §35]
146.075
District office duties; personnel; expenses for certain duties; records and
reports. (1) The district
medical examiner shall serve as the administrator of the district medical
examiners office. Subject to applicable provisions of a county personnel
policy or civil service law, the district medical examiner may employ such
other personnel as the district medical examiner deems necessary to operate the
office.
(2) All expenses of equipping, maintaining
and operating the district medical examiners office, including the
compensation of the district medical examiner and assistant district medical
examiners, shall be paid by the county or counties of the district from funds
budgeted for such purpose.
(3) When a district medical examiner also
serves as county health officer, the county shall separately budget the
compensation and expenses to be paid for medical examiners duties.
(4) All expenses of death investigations
shall be paid from county funds budgeted for such purpose except that, in
counties under 200,000 population upon the approval of the State Medical
Examiner, one-half of the costs of autopsies ordered under ORS 146.117 shall be
paid annually by the state from funds for such purpose. If funds available for
this payment are insufficient to meet one-half of these costs, even
proportional payments to the counties shall be made.
(5) Expenses of burial or other
disposition of an unclaimed body shall be paid by the county where the death
occurs, as provided by ORS 146.100 (2), in the manner provided by ORS 146.121
(4).
(6) Each district office shall maintain
copies of the:
(a) Reports of death investigation by the
medical examiner;
(b) Autopsy reports;
(c) Laboratory analysis reports; and
(d) Inventories of money or property of
the deceased taken into custody during the investigation.
(7) Reports and inventories maintained by
the district office shall be available for inspection as provided by ORS
146.035 (5).
(8) Copies of reports of death
investigations by medical examiners and autopsy reports shall be forwarded to
the State Medical Examiners office.
(9) Each district office shall maintain
current records of:
(a) All assistant district medical
examiners appointed.
(b) Appointments of each deputy medical
examiner appointed for the county or district.
(c) The name, address and director of each
licensed funeral home located within the county or district.
(10) Each district office shall
immediately in writing notify the State Medical Examiners office of all
appointments and resignations of their medical examiners. [1973 c.408 §8; 1987
c.142 §2]
146.080
Assistant district medical examiner. (1) Each district medical examiner may appoint one or more assistant
district medical examiners.
(2) The qualifications of an assistant
district medical examiner shall be prescribed by the State Medical Examiner
Advisory Board.
(3) When delegated by the district medical
examiner, an assistant district medical examiner shall:
(a) Assist the district medical examiner
in investigating and certifying deaths.
(b) Have the authority and responsibility
to investigate and certify deaths requiring investigation. [1973 c.408 §10]
146.085
Deputy medical examiners.
(1) The district medical examiner shall appoint, subject to the approval of the
district attorney and applicable civil service regulations, qualified deputy
medical examiners, including the sheriff or a deputy sheriff and a member of
the Oregon State Police for each county. Other peace officers may also be
appointed as deputy medical examiners.
(2) The district medical examiner and the
district attorney shall establish qualifications for deputy medical examiners.
(3) Each deputy medical examiner shall be
individually appointed and the name of the deputy medical examiner shall be on
file in the office of the district medical examiner.
(4) A deputy medical examiner shall
investigate deaths subject to the control and direction of the district medical
examiner or the district attorney.
(5) A deputy medical examiner may
authorize the removal of the body of a deceased person from the apparent place
of death.
(6) The deputy medical examiner may not
authorize embalming, order a post-mortem examination or autopsy, or certify the
cause and manner of death. [1973 c.408 §11]
146.087 [1975 c.565 §1; renumbered 146.001]
146.088
When medical examiner is officer or employee of public body. A district medical examiner, deputy medical
examiner, assistant district medical examiner or designated pathologist is
deemed to be an officer or employee of a public body for purposes of ORS 30.260
to 30.300 while acting as a district medical examiner, deputy medical examiner,
assistant district medical examiner or designated pathologist. [1995 c.744 §13]
146.090
Deaths requiring investigation.
(1) The medical examiner shall investigate and certify the cause and manner of
all human deaths:
(a) Apparently homicidal, suicidal or
occurring under suspicious or unknown circumstances;
(b) Resulting from the unlawful use of
controlled substances or the use or abuse of chemicals or toxic agents;
(c) Occurring while incarcerated in any
jail, correction facility or in police custody;
(d) Apparently accidental or following an
injury;
(e) By disease, injury or toxic agent
during or arising from employment;
(f) While not under the care of a
physician during the period immediately previous to death;
(g) Related to disease which might
constitute a threat to the public health; or
(h) In which a human body apparently has
been disposed of in an offensive manner.
(2) As used in this section, offensive
manner means a manner offensive to the generally accepted standards of the
community. [1973 c.408 §12; 1979 c.744 §4; 1985 c.207 §1]
146.095
Investigation; certification; report; training. (1) The district medical examiner and the
district attorney for the county where death occurs, as provided by ORS 146.100
(2), shall be responsible for the investigation of all deaths requiring
investigation.
(2) The medical examiner shall certify the
manner and the cause of all deaths which the medical examiner is required to
investigate. The certificate of death shall be filed as required by ORS
432.307.
(3) The medical examiner shall make a
report of death investigation to the State Medical Examiner as soon as possible
after being notified of a death requiring investigation.
(4) Within five days after notification of
a death requiring investigation, the medical examiner shall make a written
report of the investigation and file it in the district medical examiners
office.
(5) The district medical examiner shall
supervise the assistant district medical examiners and deputy medical examiners
in cooperation with the district attorney.
(6) The district medical examiner shall
regularly conduct administrative training programs for the assistant district
medical examiners, deputy medical examiners and law enforcement agencies. [1973
c.408 §9]
146.100
Where death considered to have occurred; notification of death required. (1) Death investigations shall be under the
direction of the district medical examiner and the district attorney for the
county where the death occurs.
(2) For purposes of ORS 146.003 to
146.189, if the county where death occurs is unknown, the death shall be deemed
to have occurred in the county where the body is found, except that if in an
emergency the deceased is moved by conveyance to another county and is dead on
arrival, the death shall be deemed to have occurred in the county from which
the body was originally removed.
(3) The district medical examiner or a
designated assistant medical examiner for the county where death occurs shall
be immediately notified of:
(a) All deaths requiring investigation;
and
(b) All deaths of persons admitted to a
hospital or institution for less than 24 hours, although the medical examiner
need not investigate nor certify such deaths.
(4) No person having knowledge of a death
requiring investigation shall intentionally or knowingly fail to make
notification thereof as required by subsection (3) of this section.
(5) The district medical examiner or
deputy medical examiner shall immediately notify the district attorney for the
county where death occurs of all deaths requiring investigation except for
those specified by ORS 146.090 (1)(d) to (g).
(6) All peace officers, physicians,
embalmers, supervisors of penal institutions and supervisors of hospitals or
institutions caring for the ill or helpless shall cooperate with the medical
examiner by providing requested medical records, tissue samples and other
materials necessary to conduct the death investigation and shall make
notification of deaths as required by subsection (3) of this section. [1973
c.408 §13; 1985 c.207 §22; 1995 c.744 §14]
146.103
Removal of body, effects or weapons prohibited without consent. (1) In a death requiring an investigation,
no person shall move a human body or body suspected of being human, or remove
any of the effects of the deceased or instruments or weapons related to the
death without the permission of a medical examiner, deputy medical examiner or
the district attorney.
(2) No person shall move or remove any of
the items specified in subsection (1) of this section if the medical examiner
or district attorney objects.
(3) A medical examiner, district attorney
or deputy medical examiner shall take custody of or exercise control over the
body, the effects of the deceased and any weapons, instruments, vehicles,
buildings or premises which the medical examiner, district attorney or deputy
medical examiner has reason to believe were involved in the death, in order to
preserve evidence relating to the cause and manner of death.
(4) In a death requiring investigation, no
person shall undress, embalm, cleanse the surface of the body or otherwise
alter the appearance or the state of the body without the permission of the medical
examiner or the district attorney. [1973 c.408 §14]
146.105 [1959 c.629 §7; repealed by 1965 c.221 §7]
146.107
Authority to enter and secure certain premises. (1) A medical examiner, deputy medical
examiner or district attorney may enter any room, dwelling, building or other
place in which the medical examiner, deputy medical examiner or district
attorney has reasonable cause to believe that a body or evidence of the
circumstances of death requiring investigation may be found.
(2) If refused entry, the medical
examiner, deputy medical examiner or district attorney may apply to any judge
authorized to issue search warrants for an order to enter such premises, search
for and seize a body or any evidence of the cause or manner of death.
(3) Upon application supported by an
affidavit setting forth facts and circumstances tending to show that a body or
such evidence of death is in the place to be searched, the judge shall issue
such order to enter and search and seize.
(4) To preserve evidence, a medical
examiner, deputy medical examiner or district attorney may:
(a) Place under the custody or control of
the medical examiner, deputy medical examiner or district attorney, or enclose
or lock any room, dwelling, building or other enclosure for a period of not
more than five days.
(b) Rope off or otherwise restrict entry
to any open area.
(c) Forbid the entrance of any
unauthorized person into the area specified under paragraphs (a) and (b) of
this subsection.
(5) No person shall enter upon the
enclosures or areas specified in subsection (4) of this section without the
permission of the medical examiner, deputy medical examiner or district
attorney. [1973 c.408 §15]
146.109
Notification of next of kin.
(1) Upon identifying the body, the medical examiner shall immediately attempt
to locate the next of kin or responsible friends to obtain the designation of a
funeral home to which the deceased is to be taken.
(2) If unable to promptly obtain a
designation of funeral home from the next of kin or responsible friends, the
medical examiner or deputy medical examiner shall designate the funeral home.
In designating the funeral home, the medical examiner or deputy medical
examiner shall be fair and equitable among the funeral homes listed in the
office of the district medical examiner. [1973 c.408 §16]
146.110 [Amended by 1959 c.629 §34; repealed by 1965
c.221 §27]
146.113
Authority to order removal of body fluids. (1) A medical examiner or district attorney may, in any death
requiring investigation, order samples of blood or urine taken for laboratory
analysis.
(2) When a death requiring an
investigation as a result of a motor vehicle accident occurs within five hours
after the accident and the deceased is over 13 years of age, a blood sample
shall be taken and forwarded to an approved laboratory for analysis. Such blood
or urine samples shall be analyzed for the presence and quantity of ethyl
alcohol, and if considered necessary by the State Medical Examiner, the
presence of controlled substances.
(3) Laboratory reports of the analysis
shall be made a part of the State Medical Examiners and district medical
examiners files. [1973 c.408 §17; 1979 c.744 §5]
146.115 [Amended by 1955 c.190 §1; repealed by 1965
c.221 §27]
146.117
Autopsies. (1) A medical examiner
or district attorney may order an autopsy performed in any death requiring
investigation. This authorization for an autopsy shall permit the pathologist
to remove and retain body tissues or organs from the deceased for the purpose
of the legal or medical determination of the manner or cause of death, or other
purposes approved under policies established by the State Medical Examiner
Advisory Board.
(2) If an autopsy is ordered, the medical
examiner shall obtain the services of a pathologist authorized under ORS
146.045 (2)(b).
(3) A pathologist may not receive
compensation for performing the autopsy if, as medical examiner, the
pathologist ordered the autopsy. [1973 c.408 §18; 1987 c.142 §4; 1995 c.744 §15]
146.120 [Amended by 1959 c.629 §35; repealed by 1965
c.221 §27]
146.121
Disposition of body; filing; expenses. (1) No person shall bury or otherwise dispose of the body of a person
whose death required investigation, without having first obtained a burial or
cremation permit, or a death certificate completed and signed by a medical
examiner.
(2) When a medical examiner investigates
the death of a person whose body is not claimed by a friend or relative within
five days of the date of death, the sheriff or, in counties having a population
of 400,000 or more, the medical examiner shall dispose of the body according to
the provisions of ORS 97.170 to 97.210.
(3) If the medical examiner is unable to
dispose of the body of a deceased person according to subsection (2) of this
section, the medical examiner may order in writing that the body be either
cremated or plainly and decently buried.
(4) The sheriff or medical examiner shall
file a copy of the death certificate, the order for disposition and a verified
statement of the expenses of the cremation or burial with the board of county
commissioners. The board of county commissioners shall pay such expenses, or
any proportion thereof as may be available, from county funds annually budgeted
for this purpose. [1973 c.408 §19; 1995 c.744 §16]
146.125
Disposition of personal property. (1) The medical examiner, deputy medical examiner, district attorney
or sheriff may temporarily retain possession of any property found on the body
or in the possession of the deceased which in the opinion of the medical examiner,
deputy medical examiner, district attorney or sheriff may be useful in
establishing the cause or manner of death or may be used in further
proceedings.
(2) When a medical examiner, deputy
medical examiner, district attorney or sheriff assumes control or custody of
money or personal property found on the body or in the possession of the
deceased, the medical examiner, deputy medical examiner, district attorney or
sheriff shall:
(a) Make a verified inventory of such
money or property.
(b) File the inventory in the district
medical examiners office.
(c) Deposit the money with the county
treasurer to the credit of the county general fund.
(3) If personal property is not retained
by the medical examiner, deputy medical examiner, district attorney or sheriff,
and is not claimed within 30 days, the inventory shall be filed with the board
of county commissioners to be disposed of as follows:
(a) If the property has value, the board
may order it sold and after deducting the cost of sale, shall deposit the
proceeds of the sale with the county treasurer to the credit of the county
general fund.
(b) If the property has no value in the
judgment of the board, the board may order the sheriff to destroy such
property.
(4) Any expenses incurred by the county in
transporting or disposing of the body may be deducted from the money or
proceeds of the sale of personal property before it is delivered to a claimant.
(5) If it appears that the person whose
death required investigation died wholly intestate and without heirs, the
county whose official has control or custody of the property shall notify an
estate administrator of the Department of State Lands appointed under ORS
113.235 within 15 days after the death.
(6) If a legally qualified personal
representative, spouse, or next of kin:
(a) Claims the money of the deceased, the
treasurer shall, subject to the provisions of subsection (4) of this section,
deliver such money to the claimant.
(b) Within 30 days, claims the personal
property of the deceased, the property shall be delivered to such claimant
subject to the provisions of subsections (1) and (5) of this section.
(7) If money of the deceased is not
claimed within seven years and is presumed abandoned as provided by ORS 98.302
to 98.436 and 98.992, the board of county commissioners shall order the money
paid as required by law. [1973 c.408 §20; 1977 c.582 §5; 2003 c.395 §19]
146.130 [Amended by 1959 c.629 §36; repealed by 1965
c.221 §27]
(Inquest)
146.135
Authority to order inquest.
(1) The district attorney for the county where the death occurs may order an
inquest to obtain a jury finding of the cause and manner of death in any case
requiring investigation.
(2) For the purpose of conducting an
inquest, the district attorney shall have the powers of a judicial officer as
described by ORS 1.240 and 1.250.
(3) The district attorney shall advise the
jury of inquest as to its duties and instruct the jury on questions of law.
(4) The district attorney shall cause a
record of the inquest proceedings to be made which shall include the written
order of inquest, a record of the testimony of witnesses and the written
verdict of the jury.
(5) Within a reasonable time after the
verdict is returned, the record of inquest shall be filed in the district
medical examiners office for the county where the inquest was held.
(6) A copy of the order of inquest and
verdict of the jury shall be filed in the State Medical Examiners office.
(7) The record of inquest shall be
available for inspection as provided by ORS 146.035 (5). [1973 c.408 §21; 1987
c.142 §3]
146.140 [Amended by 1959 c.629 §37; repealed by 1965
c.221 §27]
146.145
Jury of inquest. (1) The
district attorney shall order the inquest to be held at a specified time and
place and as provided in ORS 10.810 and 10.820 shall summon a jury of inquest
to inquire into the cause and manner of death.
(2) Upon receipt of a copy of the order of
inquest, the sheriff shall select, as provided by law, not less than eight
prospective members of the jury of inquest.
(3) The sheriff shall obtain a summons for
each prospective juror selected and cause the summons to be served upon such
juror.
(4) At the time and place of the inquest
the sheriff shall report to the district attorney the names of all prospective
jurors summoned.
(5) A prospective juror may be excused by
the district attorney if the juror was related or closely associated with the
deceased, was a witness to the death or shows good cause that the juror may be
biased.
(6) From among the prospective jurors not
excused, six members of the jury of inquest shall be drawn by lot. [1973 c.408 §22]
146.150 [Amended by 1959 c.629 §38; repealed by 1965
c.221 §27]
146.155
Inquest proceedings. (1) The
six members of the jury of inquest shall be sworn by the district attorney to:
(a) Inquire into who the deceased person
was, when and where the deceased person came to death, the cause of death and
the manner of death.
(b) Give a true verdict thereof according
to the evidence produced during the inquest.
(2) The district attorney shall subpoena
as a witness any person who the district attorney believes has knowledge of
facts relevant and material to the inquiry. The jury of inquest may request but
may not require that other persons be subpoenaed.
(3) The district attorney shall examine
each witness as to all facts which the district attorney deems relevant and
material to the inquiry. After examination by the district attorney, the
members of the jury may inquire of the witness provided that their examination
is relevant and material.
(4) When the examination of witnesses is
closed, the district attorney shall advise the jury as to their duty under law,
and as to questions of law arising from the facts or posed by the jury.
(5) After having been advised of law, the jury
shall retire to deliberate and to arrive at its verdict.
(6) The verdict shall be delivered to the
district attorney. [1973 c.408 §23]
146.160 [Amended by 1959 c.629 §39; repealed by 1965
c.221 §27]
146.165
Verdict; findings; testimony and verdict of inquest as admissible evidence in
subsequent proceedings. (1)
The jury shall give its verdict in writing, signed by its members, setting
forth its findings from the evidence produced:
(a) Who the deceased person was;
(b) When and where the deceased person
came to death;
(c) The cause of death; and
(d) The manner of death.
(2) The verdict of a jury of inquest shall
not preclude nor require a criminal charge by the grand jury or district
attorney.
(3) The testimony of any witness before a
jury of inquest shall not be admissible evidence in any civil or criminal
proceeding except:
(a) A criminal trial in which the witness
is charged with perjury or false swearing arising from the testimony given
before the jury of inquest.
(b) A civil or criminal trial in which the
testimony before the jury of inquest is offered as a prior inconsistent
statement to impeach the same witness.
(4) The verdict of a jury of inquest shall
not be admitted into evidence in any trial. [1973 c.408 §24]
146.170 [Amended by 1955 c.161 §1; 1959 c.629 §40;
repealed by 1965 c.221 §27]
IDENTIFICATION
OF DEAD AND MISSING PERSONS
146.171
Unidentified human remains; maintenance of records. (1) The Superintendent of State Police shall
establish and maintain a file of records relating to unidentified human remains
found within the state and of which the Oregon State Police are notified under
ORS 146.174. The records shall be maintained in order to facilitate the
identification of such remains.
(2) The Superintendent of State Police
shall establish the file described under subsection (1) of this section after
consultation with the State Medical Examiner to determine what areas of
information generally shall be requested, obtained and preserved in the file.
General areas of information determined under this section shall be for the
purpose of developing file format and standard forms for collecting data to aid
in identifying human remains. Information having potential value in identifying
human remains shall not be excluded from a file because it does not fall within
a general area of information determined under this section or is not required
by federal authorities.
(3) In addition to any other file it
maintains, the Department of State Police shall enter appropriate information
relating to unidentified human remains into any file maintained by federal
authorities to facilitate the identification of such remains. The department
shall conform file entries under this subsection to the format prescribed by
the authorities responsible for the federal file. [Formerly 146.505]
146.174
Medical examiner to provide information about unidentified human remains;
identification. (1) If a
medical examiner is unable to determine the identity of human remains, the
medical examiner shall, not later than 30 days after such remains are brought
to the medical examiners attention, notify and provide to the Superintendent
of State Police or the superintendents designee all information in the medical
examiners records concerning the remains.
(2) The medical examiner shall make
reasonable attempts to promptly identify human remains and may consider
procedures consistent with current forensic autopsy performance standards of
the National Association of Medical Examiners. Reasonable attempts to identify human
remains include, but are not limited to, obtaining:
(a) Photographs of the remains prior to an
autopsy;
(b) Dental or skeletal X-rays of the
remains;
(c) Photographs of items found with the
remains;
(d) Fingerprints of the remains; and
(e) Samples of tissue, bone or hair from
the remains that are suitable for DNA (deoxyribonucleic acid) analysis.
(3) The medical examiner may not dispose
of unidentified human remains, or take any action that materially affects the
unidentified human remains, before the medical examiner completes the steps
described in subsection (2) of this section. [Formerly 146.515]
146.177
Procedures for investigating missing persons. Written policies adopted by
(1) Requirements for accepting missing
persons reports;
(2) Procedures for initial investigations;
(3) Responsibility for follow-up
investigations;
(4) Standards for maintaining and clearing
computer data of missing persons information stored in the Law Enforcement Data
System and the National Crime Information Center; and
(5) Initiation and activation criteria for
Amber Plan alerts under ORS 181.035. [2007 c.500 §2]
146.180 [Repealed by 1965 c.221 §27]
146.181
Missing persons; police report; supplementary report. (1) When a person is reported as missing to
any city, county or state police agency, the agency, within 12 hours
thereafter, shall enter into state and federal records maintained for that
purpose, a report of the missing person in a format and according to procedures
established by the authorities responsible respectively for the state and
federal records.
(2) The law enforcement agency to which
the report is made:
(a) May request from the person making the
report information or material likely to be useful in identifying the missing
person or the human remains of the missing person, including, but not limited
to:
(A) The name of the missing person and any
alternative names the person uses;
(B) The date of birth of the missing
person;
(C) A physical description of the missing
person, including the height, weight, gender, race, eye color, current hair
color and natural hair color of the missing person, any identifying marks on
the missing person, any prosthetics used by, or surgical implants in, the
missing person and any physical anomalies of the missing person;
(D) The blood type of the missing person;
(E) The driver license number of the
missing person;
(F) The Social Security number of the
missing person;
(G) A recent photograph of the missing
person;
(H) A description of the clothing the
missing person is believed to have been wearing at the time the person
disappeared;
(I) A description of items that the
missing person is believed to have had with the person at the time the person disappeared;
(J) Telephone numbers and electronic mail
addresses of the missing person;
(K) The name and address of any school the
missing person attends;
(L) The name and address of any employer
of the missing person;
(M) The name and address of the primary
care physician and dentist of the missing person;
(N) A description of any vehicle that the
missing person might have been driving or riding in when the person
disappeared;
(O) The reasons why the person making the
missing person report believes the person is missing;
(P) Any circumstances that indicate that
the missing person may be at risk of injury or death;
(Q) Any circumstances that may indicate
that the disappearance is not voluntary;
(R) Information about a known or possible
abductor or a person who was last seen with the missing person; and
(S) The date of the last contact with the
missing person.
(b) May request in writing from any
dentist, denturist, physician, optometrist or other medical practitioner
possessing it such medical, dental or other physically descriptive information
as is likely to be useful in identifying the missing person or the human
remains of the missing person.
(3) The law enforcement agency, upon
obtaining information pursuant to subsection (2) of this section, shall make a
supplementary entry of that information into the state and federal records
described in subsection (1) of this section. The supplementary report shall be
in a format and according to procedures established by the authorities
responsible respectively for the state and federal records. [Formerly 146.525]
146.184
Medical practitioners to provide information about missing persons. (1) A dentist, denturist, physician,
optometrist or other medical practitioner, upon receipt of a written request
from a law enforcement agency for identifying information pursuant to ORS
146.181, shall furnish to the agency such information known to the practitioner
upon the request forms provided by the agency.
(2) Information obtained under this
section is restricted to use for the identification of missing persons or the
identification of unidentified human remains and may not be made available to
the public.
(3) Compliance with a written request for
information under this section by a dentist, denturist, physician, optometrist
or other medical practitioner does not constitute a breach of confidentiality. [Formerly
146.535]
146.187
DNA sample. (1) If a person
who has been reported as missing has not been located within 30 days after the
missing person report is made, the law enforcement agency that accepted the
missing persons report shall attempt to obtain a DNA sample from the missing
person or from family members of the missing person in addition to any
documentation necessary to enable the agency to use the samples in conducting
searches of DNA databases.
(2) A law enforcement agency shall forward
a DNA sample obtained for use in a missing persons case as directed by the
Department of State Police.
(3) A person, or the executor of the
persons estate, who was a missing person and who had a DNA sample obtained for
use in the persons case may request the destruction of the DNA sample, and any
resultant database entries, when the missing person has been located or
identified. The request shall be made in writing to the department. The
department, upon confirming that the status of the missing person has been
resolved, shall destroy the DNA sample and remove any database entries related
to the DNA sample.
(4) As used in this section, DNA means
deoxyribonucleic acid. [2007 c.500 §4]
146.189
Use of records to identify human remains and missing persons; disposition of
records. (1) If the
Superintendent of State Police is notified that a record of unidentified human
remains filed by the Department of State Police under ORS 146.171 corresponds
with the record of a person reported as missing, the superintendent shall
immediately notify the medical examiner who reported the unidentified human
remains and the law enforcement agency that filed the missing person report under
ORS 146.181. If the medical examiner identifies the remains, the medical
examiner shall immediately notify the superintendent and the superintendent
shall cancel the report of unidentified human remains.
(2) When a person reported as missing
under ORS 146.181 is found, or when the remains of the person have been
discovered and identified, the law enforcement agency to which the person was
reported missing shall cancel the reports to state and federal authorities
under ORS 146.181. The agency shall destroy all information and material
received under ORS 146.181 relating to a missing person who is discovered to be
living. In the case of a missing person found to be no longer living, the
agency shall seal the information and material obtained under ORS 146.181,
except as otherwise may be necessary to investigate or prosecute a criminal
action relating to the persons disappearance or death. [Formerly 146.545]
146.190 [Amended by 1959 c.629 §41; repealed by 1965
c.221 §27]
146.200 [Repealed by 1965 c.221 §27]
146.210 [Amended by 1959 c.629 §42; repealed by 1965
c.221 §27]
146.220 [Repealed by 1965 c.221 §27]
146.230 [Repealed by 1965 c.221 §27]
146.240 [Repealed by 1965 c.221 §27]
146.250 [Amended by 1953 c.568 §3; repealed by 1965
c.221 §27]
146.260 [Amended by 1953 c.568 §3; repealed by 1965
c.221 §27]
146.270 [Repealed by 1965 c.221 §27]
146.280 [Repealed by 1965 c.221 §27]
146.310 [1965 c.221 §2; 1971 c.487 §3; repealed by
1973 c.408 §35]
146.315 [1971 c.487 §2; repealed by 1973 c.408 §35]
146.320 [1965 c.221 §5; repealed by 1973 c.408 §35]
146.330 [1965 c.221 §3; repealed by 1973 c.408 §35]
146.340 [1965 c.221 §4; repealed by 1973 c.408 §35]
146.350 [1965 c.221 §6; 1971 c.487 §4; repealed by
1973 c.408 §35]
146.360 [1965 c.221 §7; repealed by 1973 c.408 §35]
146.370 [1965 c.221 §8; repealed by 1973 c.408 §35]
146.410 [1959 c.629 §6; 1965 c.221 §16; repealed by
1973 c.408 §35]
146.420 [1959 c.629 §9; 1963 c.98 §1; 1965 c.91 §1;
repealed by 1973 c.408 §35]
146.430 [1959 c.629 §11; 1961 c.434 §3; 1965 c.91 §2;
repealed by 1973 c.408 §35]
146.440 [1959 c.629 §12; repealed by 1973 c.408 §35]
146.450 [1959 c.629 §13; repealed by 1973 c.408 §35]
146.460 [1959 c.629 §14; repealed by 1965 c.91 §3
(146.461 enacted in lieu of 146.460)]
146.461 [1965 c.91 §4 (enacted in lieu of 146.460);
repealed by 1973 c.408 §35]
146.470 [1959 c.629 §15; 1961 c.434 §4; 1965 c.91 §5;
repealed by 1973 c.408 §35]
146.480 [1959 c.629 §17; repealed by 1973 c.408 §35]
146.490 [1959 c.629 §18; repealed by 1973 c.408 §35]
146.500 [1959 c.629 §19; repealed by 1973 c.408 §35]
146.505 [1983 c.390 §1; renumbered 146.171 in 2007]
146.510 [1959 c.629 §20; repealed by 1973 c.408 §35]
146.515 [1983 c.390 §2; 2007 c.500 §5; renumbered
146.174 in 2007]
146.520 [1959 c.629 §21; repealed by 1973 c.408 §35]
146.525 [1983 c.390 §3; 1989 c.1059 §3; 2007 c.500 §3;
renumbered 146.181 in 2007]
146.530 [1959 c.629 §22; repealed by 1973 c.408 §35]
146.535 [1983 c.390 §4; 2007 c.500 §6; renumbered
146.184 in 2007]
146.540 [1959 c.629 §23; repealed by 1973 c.408 §35]
146.545 [1983 c.390 §5; 2007 c.500 §7; renumbered
146.189 in 2007]
146.550 [1959 c.629 §24; repealed by 1973 c.408 §35]
146.560 [1959 c.629 §25; repealed by 1973 c.408 §35]
146.565 [1961 c.434 §2; 1965 c.91 §6; 1965 c.439 §4;
repealed by 1973 c.408 §35]
146.570 [1959 c.629 §26; 1967 c.632 §1; repealed by
1973 c.408 §35]
146.580 [1959 c.629 §27; 1961 c.434 §5; 1967 c.632 §2;
repealed by 1973 c.408 §35]
146.590 [1959 c.629 §§28,29; 1961 c.434 §6; 1967
c.632 §3; repealed by 1973 c.408 §35]
146.600 [1959 c.629 §30; repealed by 1973 c.408 §35]
146.610 [1959 c.629 §31; repealed by 1973 c.408 §35]
INVESTIGATIONS
OF INJURIES
146.710
Definition for ORS 146.710 to 146.780. As used in ORS 146.710 to 146.780, injury means:
(1) A physical injury caused by a knife,
gun, pistol or other dangerous or deadly weapon; or
(2) A serious physical injury. [1963 c.621
§1; 1965 c.472 §1; 1967 c.545 §1; 1971 c.451 §9; 2007 c.294 §1]
146.720 [1963 c.621 §§3,4; 1965 c.221 §17; repealed
by 1965 c.472 §9]
146.730
Investigation. A medical
examiner or district attorney may investigate an injury whenever the injury
occurred under suspicious or unknown circumstances. All authority granted to the
medical examiner or district attorney by ORS 146.003 to 146.189 and 146.710 to
146.992 may be exercised in making such investigation. [1963 c.621 §2; 1965
c.221 §18; 1967 c.545 §§2,3; 1971 c.401 §7; 1971 c.451 §10; 1973 c.408 §26;
2007 c.294 §2]
146.740
Reports of medical examiner.
Whenever the medical examiner concludes that a crime may have been committed by
any person in causing the injury, the medical examiner shall report the
conclusion to the district attorney. [1963 c.621 §§5,6; 1965 c.221 §19; 1967
c.545 §§4,5; 1971 c.401 §8; 1971 c.451 §11; 1973 c.408 §27]
146.750
Injuries to be reported to medical examiner. (1) Except as required in subsection (3) of this section, any
physician, including any intern and resident, having reasonable cause to suspect
that a person brought to the physician or coming before the physician for
examination, care or treatment has had injury, as defined in ORS 146.710,
inflicted upon the person other than by accidental means, shall report or cause
reports to be made in accordance with the provisions of subsection (2) of this
section.
(2) An oral report shall be made
immediately by telephone or otherwise, and followed as soon thereafter as
possible by a report in writing, to the appropriate medical examiner.
(3) When either an injury as defined in
ORS 146.710 or abuse as defined in ORS 419B.005 occurs to an unmarried person
who is under 18 years of age, the provisions of ORS 419B.005 to 419B.050 shall
apply. [1965 c.472 §§3,4; 1967 c.545 §6; 1971 c.401 §9; 1971 c.451 §12; 1973
c.408 §28; 1975 c.644 §1; 1993 c.546 §99]
146.760
Immunity of participant in making of report. Anyone participating in good faith in the making of a report pursuant
to ORS 146.750 and who has reasonable grounds for the making thereof shall have
immunity from any liability, civil or criminal, that might otherwise be
incurred or imposed with respect to the making of such report. Any such
participant shall have the same immunity with respect to participation in any
judicial proceeding resulting from such report. [1965 c.472 §5; 1971 c.451 §13;
1989 c.171 §20]
146.770 [1965 c.472 §6; 1971 c.451 §14; renumbered
418.775]
146.780
Confidentiality of records and reports. Notwithstanding the provisions of ORS 192.410 to 192.505 relating to
confidentiality and accessibility for public inspection of public records,
records and reports made under the provisions of ORS 146.750 are confidential
and are not accessible for public inspection. [1965 c.472 §7; 1967 c.545 §7;
1971 c.401 §10; 1971 c.451 §15; 1973 c.408 §29; 1973 c.794 §15a]
PENALTIES
146.990 [Subsection (1) enacted as 1959 c.629 §45;
subsection (3) of 1963 Replacement Part enacted as 1963 c.621 §7; 1965 c.221 §20;
1965 c.472 §8; 1971 c.451 §16; repealed by 1973 c.408 §35]
146.992
Penalties. (1) A person who
violates ORS 146.103 (1) commits a Class A misdemeanor.
(2) A person who violates ORS 146.103 (2)
or (4), 146.107 (5), or 146.121 (1) commits a Class B misdemeanor.
(3) A person who violates ORS 146.100 (4)
commits a Class C misdemeanor. [1973 c.408 §25]
_______________
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