Senate Bill S8106

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8106--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BASKIN, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction -- recommitted to the Committee on Crime
   Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
   -- reported favorably from said committee and committed to the Commit-
   tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the correction law and the county law,  in  relation  to
   establishing  the  office  of  chief  medical  examiner; and to repeal
   certain provisions of the county law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The correction law is amended by adding a new section 47-a
 to read as follows:
   § 47-A. OFFICE OF CHIEF MEDICAL EXAMINER. 1. THERE  SHALL  BE  IN  THE
 COMMISSION  THE  OFFICE  OF  THE  CHIEF  MEDICAL EXAMINER, WHICH FOR THE
 PURPOSES OF THIS SECTION MAY BE REFERRED TO AS THE "OFFICE",  CONSISTING
 OF  THREE  FULL-TIME  EMPLOYEES, ONE OF WHICH SHALL BE THE CHIEF MEDICAL
 EXAMINER WHO SHALL BE A DOCTOR  OF  MEDICINE  WITH  A  CERTIFICATION  IN
 FORENSIC  PATHOLOGY  AND HAVE   EXPERIENCE IN DEATH INVESTIGATIONS.  THE
 CHIEF MEDICAL EXAMINER SHALL HAVE THE AUTHORITY TO HIRE STAFF AS  NECES-
 SARY TO PERFORM THE FUNCTIONS AND DUTIES OF THE OFFICE. SUCH STAFF SHALL
 INCLUDE AT LEAST ONE ADDITIONAL FORENSIC PATHOLOGIST.
   2.  EVERY  ADMINISTRATOR  OF A CORRECTIONAL FACILITY SHALL IMMEDIATELY
 REPORT TO THE OFFICE OF THE CHIEF  MEDICAL  EXAMINER  THE  DEATH  OF  AN
 INCARCERATED  INDIVIDUAL OF ANY SUCH FACILITY IN SUCH MANNER AND FORM AS
 THE OFFICE OF THE CHIEF MEDICAL EXAMINER SHALL PRESCRIBE, AND THE OFFICE
 SHALL HAVE THE AUTHORITY TO, AND SHALL, INVESTIGATE SUCH DEATH.
   3. THE OFFICE OF THE CHIEF MEDICAL EXAMINER SHALL, NOTWITHSTANDING ANY
 PROVISION OF ARTICLE SEVENTEEN-A OF THE COUNTY LAW TO THE CONTRARY, HAVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10501-06-6
 S. 8106--A                          2
              

 
 SUCH DUTIES AND RESPONSIBILITIES WHICH SHALL INCLUDE BUT NOT BE  LIMITED
 TO:
   (A)  UPON  NOTIFICATION  OF  A  DEATH OF AN INCARCERATED INDIVIDUAL IN
 CUSTODY, REPORT TO THE SCENE WHERE THE DEATH OCCURRED  TO  EVALUATE  THE
 BODY  AND  SCENE.  IF THE OFFICE IS UNABLE TO RESPOND AND TAKE CHARGE OF
 THE BODY OF THE DECEASED IN AN EXPEDITIOUS MANNER, THE  NEW  YORK  STATE
 POLICE MAY, AT THE DIRECTION OF THE OFFICE AND AFTER CONFERRING WITH THE
 APPROPRIATE  DISTRICT  ATTORNEY, MOVE THE BODY TO ANOTHER LOCATION UNTIL
 THE OFFICE IS ABLE TO RESPOND. THE POLICE DEPLOYED TO  THE  LOCATION  OF
 THE  BODY  SHALL  ONLY  INCLUDE OFFICERS WITH TRAINING IN DEATH INVESTI-
 GATIONS AND CRIME SCENE EVIDENCE COLLECTION.   BEFORE MOVING  THE  BODY,
 THE  POLICE  SHALL DOCUMENT ALL FACTS RELEVANT TO THE APPEARANCE, CONDI-
 TION AND POSITION OF THE BODY AND EVERY FACT AND CIRCUMSTANCE TENDING TO
 SHOW THE CAUSE AND CIRCUMSTANCES OF DEATH.  ALL  INTERACTIONS  WITH  THE
 BODY BY POLICE OR CORRECTION STAFF SHALL BE RECORDED BY BODY-WORN AND/OR
 STATIONARY  CAMERAS,  AND  THE VIDEO RECORDINGS SHALL BE PROVIDED TO THE
 OFFICE IMMEDIATELY;
   (B) CONDUCT  AUTOPSIES  WHERE  DETERMINED  APPROPRIATE  BY  THE  CHIEF
 MEDICAL  EXAMINER  OR  THEIR  DESIGNEE  AND  FORENSIC INVESTIGATIONS FOR
 DEATHS OF ALL INCARCERATED INDIVIDUALS UNDER THE CUSTODY OF THE  DEPART-
 MENT;
   (C) PREPARE AN AUTOPSY REPORT AND DETAILED FINDINGS AND PROMPTLY NOTI-
 FY  THE  ATTORNEY GENERAL OFFICE OF SPECIAL INVESTIGATIONS OF SUCH FIND-
 INGS;
   (D) PUBLISH AN ANNUAL REPORT THAT INCLUDES, BUT  IS  NOT  LIMITED  TO,
 INDIVIDUAL-LEVEL  DATA DETAILING INCARCERATED INDIVIDUAL DEATHS INVESTI-
 GATED  BY  THE  OFFICE  BY  CAUSE  OF  DEATH,  MANNER  OF  DEATH,   AGE,
 RACE/ETHNICITY, AND SEX;
   (E) PUBLISH ON ITS WEBSITE PRELIMINARY DEATH REPORTS FOR ALL INCARCER-
 ATED  INDIVIDUALS  DETAILING DATE, TIME, PRELIMINARY CAUSE OF DEATH, AND
 MANNER WITHIN NINETY DAYS OF THE DEATH OF SUCH INCARCERATED INDIVIDUAL;
   (F) DELIVER COPIES OF ALL AUTOPSY REPORTS, TOXICOLOGICAL  REPORTS,  OR
 ANY  REPORTS  OF  ANY  EXAMINATION  OR  INQUIRY PREPARED DIRECTLY TO THE
 ATTORNEY GENERAL OFFICE OF SPECIAL INVESTIGATIONS AND DISTRICT ATTORNEY,
 WHERE APPROPRIATE; AND
   (G) PROMPTLY PROVIDE THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION WITH COPIES OF ANY AUTOPSY REPORTS, TOXICOLOG-
 ICAL REPORTS OR ANY REPORTS OF ANY EXAMINATION OR INQUIRY PREPARED  WITH
 RESPECT  TO  ANY  DEATH  OCCURRING  TO  AN  INCARCERATED INDIVIDUAL OF A
 CORRECTIONAL FACILITY WITHIN THEIR COUNTY. THE OFFICE SHALL ALSO PROMPT-
 LY PROVIDE  THE  EXECUTIVE  DIRECTOR  OF  THE  JUSTICE  CENTER  FOR  THE
 PROTECTION  OF  PEOPLE  WITH  SPECIAL  NEEDS  WITH COPIES OF ANY AUTOPSY
 REPORTS, TOXICOLOGY REPORTS OR ANY REPORTS OF ANY EXAMINATION OR INQUIRY
 PREPARED WITH RESPECT TO THE DEATH OF ANY  SERVICE  RECIPIENT  OCCURRING
 WHILE  SUCH  PERSON WAS A RESIDENT IN ANY FACILITY OPERATED, LICENSED OR
 CERTIFIED BY ANY AGENCY WITHIN THE DEPARTMENT  OF  MENTAL  HYGIENE,  THE
 OFFICE  OF CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF HEALTH OR THE
 STATE EDUCATION DEPARTMENT. IF  THE  TOXICOLOGICAL  REPORT  IS  PREPARED
 PURSUANT  TO  ANY  AGREEMENT  OR  CONTRACT WITH ANY PERSON, PARTNERSHIP,
 CORPORATION OR GOVERNMENTAL AGENCY WITH THE CORONER OR MEDICAL EXAMINER,
 SUCH REPORT SHALL BE PROMPTLY PROVIDED TO THE CHAIR  OF  THE  CORRECTION
 MEDICAL  REVIEW BOARD, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION OR  THE  EXECUTIVE  DIRECTOR  OF  THE  JUSTICE
 CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, AS APPROPRIATE,
 BY SUCH PERSON, PARTNERSHIP, CORPORATION OR GOVERNMENTAL AGENCY. FOR THE
 PURPOSES OF THIS SUBDIVISION, IN ADDITION TO ANYTHING ELSE  REQUIRED  BY
 S. 8106--A                          3

 LAW, THE COPY OF THE AUTOPSY REPORT SHALL INCLUDE ALL PHOTOGRAPHS OF THE
 BODY  AND  POST-MORTEM X-RAYS TAKEN BY OR AT THE DIRECTION OF THE PERSON
 PERFORMING THE AUTOPSY,  AND  ALL  PHOTOGRAPHS  AND  POST-MORTEM  X-RAYS
 REVIEWED  BY  THE  PERSON  PERFORMING THE AUTOPSY IN THE COURSE OF THEIR
 EXAMINATION OR IN THE COURSE OF THEIR DIAGNOSIS OF THE  CAUSE  OF  DEATH
 AND  THE  MEANS OR MANNER OF DEATH.  SUCH COPY OF THE AUTOPSY REPORT MAY
 ALSO INCLUDE IMAGES OF ALL MICROSCOPIC SLIDES TAKEN BY OR AT THE  DIREC-
 TION  OF THE PERSON PERFORMING THE AUTOPSY AND IMAGES OF ALL MICROSCOPIC
 SLIDES REVIEWED BY THE PERSON PERFORMING THE AUTOPSY IN  THE  COURSE  OF
 THEIR  EXAMINATION  OR  IN THE COURSE OF THEIR DIAGNOSIS OF THE CAUSE OF
 DEATH AND THE MEANS OR MANNER OF DEATH. IF SUCH  IMAGES  OF  MICROSCOPIC
 SLIDES  ARE  NOT  INCLUDED  IN  THE  COPY OF THE AUTOPSY REPORT PROVIDED
 PURSUANT TO THIS SUBDIVISION, THE COPY OF THE AUTOPSY REPORT SHALL INDI-
 CATE THAT SUCH IMAGES OF MICROSCOPIC SLIDES HAVE BEEN OMITTED, AND, UPON
 REQUEST OF THE CHAIR OF THE CORRECTION MEDICAL REVIEW BOARD, THE COMMIS-
 SIONER  OR  THE  EXECUTIVE  DIRECTOR  OF  THE  JUSTICE  CENTER  FOR  THE
 PROTECTION  OF PEOPLE WITH SPECIAL NEEDS, A CORONER, CORONER'S PHYSICIAN
 OR MEDICAL EXAMINER SHALL PROMPTLY PROVIDE ACCESS TO INSPECT SUCH MICRO-
 SCOPIC SLIDES OR, WHERE PRACTICABLE, PROVIDE IMAGES OF SUCH  MICROSCOPIC
 SLIDES.
   4.  IN  CARRYING  OUT THE DUTIES PRESCRIBED BY THIS SECTION, THE CHIEF
 MEDICAL EXAMINER OR THEIR DESIGNEE  SHALL  BE  ENTITLED  TO  REVIEW  AND
 RECEIVE  COPIES  OF  MEDICAL  RECORDS,  HOSPITAL RECORDS, OR INFORMATION
 WHICH THEY DEEM RELEVANT TO ESTABLISHING THE CAUSE AND MANNER OF  DEATH.
 NO  PERSON  OR  HOSPITAL SHALL BE SUBJECT TO LIABILITY OF ANY NATURE FOR
 PROVIDING SUCH RECORDS OR INFORMATION IN GOOD FAITH AT  THE  REQUEST  OF
 THE OFFICE.
   5.  THE  OFFICE  OF THE CHIEF MEDICAL EXAMINER MAY USE THE SERVICES OF
 THE NEW YORK STATE POLICE CRIME LABORATORY SYSTEM FOR THE PERFORMANCE OF
 TESTS, DOCUMENTATION OF EVIDENCE, INVESTIGATING PROCEDURES AND CONSULTA-
 TION ON SPECIAL PROBLEMS.
   § 2. Section 47 of the correction law  is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THE  CHAIRPERSON OF THE BOARD, WITH RESPECT TO THE OFFICE OF CHIEF
 MEDICAL EXAMINER, SHALL EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS
 CHAPTER, BUT SHALL NOT INTERFERE  WITH  THE  PERFORMANCE  BY  THE  CHIEF
 MEDICAL  EXAMINER OR THEIR OFFICE OF THE POWERS AND DUTIES PRESCRIBED BY
 THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW.
   § 3. Subdivision 1 of section 671 of the county  law,  as  amended  by
 chapter  764 of the laws of 1976 and paragraph (b) as amended by chapter
 322 of the laws of 2021, is amended to read as follows:
   1. The coroner, or if [he is] THEY ARE not a physician  duly  licensed
 to  practice  medicine in this state, the coroner and a coroner's physi-
 cian, together, or in counties in which the office of coroner  has  been
 abolished, the medical examiner[,
   (a)] shall make inquiry into unnatural deaths within [his] THEIR coun-
 ty as prescribed by law[;
   (b) shall make inquiry into all deaths whether natural or unnatural in
 his  or  her county occurring to an incarcerated individual of a correc-
 tional facility as defined by subdivision three of section forty of  the
 correction law, whether or not the death occurred inside such facility].
   §  4.  Subdivision  1  of section 673 of the county law, as amended by
 chapter 1 of the laws of 2019, is amended to read as follows:
   1. A coroner or medical examiner has  jurisdiction  and  authority  to
 investigate  the  death of every person dying within [his] THEIR county,
 or whose body is found within the county, which is or appears to be:
 S. 8106--A                          4
 
   (a) A violent death, whether by criminal violence, suicide or  casual-
 ty;
   (b) A death caused by unlawful act or criminal neglect;
   (c) A death occurring in a suspicious, unusual or unexplained manner;
   (d)  A death while unattended by a physician, so far as can be discov-
 ered, or where no physician able  to  certify  the  cause  of  death  as
 provided  in  the  public  health  law  and in form as prescribed by the
 commissioner of health can be found;
   (e) A death of a person confined in a public institution other than  a
 CORRECTIONAL FACILITY, hospital, infirmary or nursing home.
   § 5. Subdivision 5 of section 674 of the county law is REPEALED.
   § 6. Subdivision 6 of section 677 of the county law is REPEALED.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.