HOUSE BILL No. 6248


     August 13, 2002, Introduced by Reps. Bogardus, Anderson, Hale, Jamnick and Minore and referred to the Committee on Criminal
Justice.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 2855a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 2855A.  (1) A PERSON SHALL NOT RELEASE OR MAKE PUBLIC

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        AN AUTOPSY PHOTOGRAPH OF A DECEDENT THAT IDENTIFIES THE DECEDENT

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        BY NAME, FACE, OR OTHER IDENTIFYING PHYSICAL FEATURE UNLESS 1 OF

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        THE FOLLOWING CONDITIONS IS MET:

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             (A) ONE OF THE FOLLOWING PERSONS SPECIFICALLY PROVIDES WRIT-

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        TEN AUTHORIZATION FOR THE RELEASE OR PUBLICATION:

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             (i) THE DECEDENT'S PARENT, SURVIVING SPOUSE, GUARDIAN, PER-

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        SONAL REPRESENTATIVE, OR NEXT OF KIN.

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             (ii) IF A PERSON DESCRIBED IN SUBPARAGRAPH (i) CANNOT BE

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        IDENTIFIED OR LOCATED FOLLOWING A DILIGENT AND GOOD FAITH EFFORT

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        TO IDENTIFY OR LOCATE HIM OR HER, AN INDIVIDUAL CHARGED BY LAW


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        WITH THE RESPONSIBILITY FOR BURIAL OR CREMATION OF THE DECEDENT'S

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        BODY.

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             (B) THE RELEASE OR PUBLICATION IS 1 OF THE FOLLOWING:

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             (i) UPON WRITTEN AUTHORIZATION BY THE PROSECUTING ATTORNEY

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        HAVING JURISDICTION FOR A PURPOSE DIRECTLY RELATED TO THE INVES-

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        TIGATION OR PROSECUTION OF A CRIMINAL CASE.

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             (ii) AUTHORIZED BY A COURT OF APPROPRIATE JURISDICTION FOR A

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        PURPOSE DIRECTLY RELATED TO THE PROCEEDINGS IN A CIVIL CASE.

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             (iii) REQUIRED FOR A HEALTH DEPARTMENT TO CARRY OUT ITS

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        LAWFUL DUTIES.

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             (iv) NECESSARY FOR THE LEGITIMATE TEACHING OF ONLY MEDICAL

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        OR PUBLIC HEALTH OFFICIALS.

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             (2) A DECEDENT'S PARENT, SURVIVING SPOUSE, GUARDIAN, PER-

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        SONAL REPRESENTATIVE, OR NEXT OF KIN WHO IS INJURED AS A RESULT

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        OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION TO RECOVER

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        $1,000.00 OR ACTUAL DAMAGES, WHICHEVER IS GREATER, PLUS COSTS AND

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        REASONABLE ATTORNEY FEES.

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             (3) AS USED IN THIS SECTION:

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             (A) "AUTOPSY PHOTOGRAPH" MEANS AN IMAGE OF A DECEDENT

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        OBTAINED DURING AN AUTOPSY OF THAT DECEDENT IN THIS STATE, AND

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        INCLUDES AN IMAGE ON VIDEOTAPE, MOTION PICTURE OR OTHER FILM, OR

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        AN IMAGE CAPTURED BY DIGITAL MEANS.

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             (B) "DECEDENT" MEANS A DEAD HUMAN BEING.











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