Fatal vehicular accidents: chemical test results.

Existing law sets forth the duties and authority of a county coroner. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner. Existing law requires a county coroner, or the coroner's appointed deputy, upon notification of a death involving a motor vehicle, as specified, to take blood and urine samples from the body of the deceased and make related chemical tests to determine the alcoholic contents, if any, of the body. Existing law authorizes the coroner to perform other chemical tests, as deemed appropriate. Existing law requires the detailed medical findings resulting from these examinations to be reduced to writing or otherwise permanently preserved, as specified. These requirements do not apply to testing of deceased persons under 15 years of age unless circumstances indicate the possibility of alcohol or specified drug consumption, and do not apply when the death has occurred more than 24 hours after the accident. This bill would additionally apply these provisions to a county medical examiner. The bill would require the coroner or medical examiner to perform screening and confirmatory tests for drugs, if the deceased was the driver of a motor vehicle, and to include blood alcohol content and blood drug concentrations in the detailed medical findings, when available. The bill would require a coroner or medical examiner to use antemortem samples, if available, if the decedent was hospitalized prior to death. The bill would revise the provisions applicable to a decedent under 15 years of age and prohibit application of the provisions if the period between the accident and death is more than 48 hours, rather than 24 hours. Existing law requires a county coroner, on or before the 10th day of each month, to report in writing to the Department of the California Highway Patrol the death of any person during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident. The bill would require a coroner or medical examiner under the above circumstances to report in writing chemical test results, including blood alcohol content and blood drug concentrations, when available. By imposing new requirements on county coroners and medical examiners, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.