BAN RELEASE OF DECEASED PERSON'S PHOTOGRAPH
House Bill 6248
Sponsor: Rep. Rose Bogardus
Committee: Criminal Justice
Complete to 10-25-02
A SUMMARY OF HOUSE BILL 6248 AS INTRODUCED 8-13-02
The bill would add a new section to Part 28 of the Public Health Code (MCL 333.2855a), concerning vital records, to prohibit the release of an autopsy photograph. (The bill would define "autopsy photograph" to mean an image of a decedent obtained during an autopsy of the person in Michigan, including an image on videotape, motion picture or other file, or an image captured by digital means.)
Prohibited Activity. The bill would specify that a person could not release or make public an autopsy photograph of a decedent that identified the person by name, face, or other identifying physical feature unless one of the following conditions was met:
· One of the following persons specifically provided written authorization for the release or publication: the decedent's parent, surviving spouse, guardian, personal representative, or next of kin; or, if none of these persons could be identified or located following a diligent and good faith effort to identify or locate them, an individual charged by law with the responsibility for burying or cremating the decedent's body.
· The release or publication was one of the following: 1) upon written authorization by the prosecuting attorney having jurisdiction for a purpose directly related to the investigation or prosecution of a criminal case; 2) authorized by a court of appropriate jurisdiction for a purpose directly related to the proceedings in a civil case; 3) required for a health department to carry out its lawful duties; or 4) necessary for the legitimate teaching of only medical or public health officials.
Remedy. The bill would also specify that a decedent's parent, surviving spouse, guardian, personal representative, or next of kin who had been injured as a result of a violation of these provisions could bring an action to recover $1,000 or actual damages, whichever was greater, plus costs and reasonable attorney fees.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.