Bill Text: CA AB2761 | 2021-2022 | Regular Session | Amended
Bill Title: Deaths while in law enforcement custody: reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 802, Statutes of 2022. [AB2761 Detail]
Download: California-2021-AB2761-Amended.html
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Amended
IN
Senate
August 11, 2022 |
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Amended
IN
Assembly
April 21, 2022 |
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Amended
IN
Assembly
April 07, 2022 |
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Amended
IN
Assembly
March 24, 2022 |
| Introduced by Assembly Member McCarty |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law specifies the content of a certificate of death, including those items relating to medical and health data such as disease or conditions leading directly to death and antecedent causes. Existing law requires a coroner to inquire into and determine the circumstances, manner, and cause of specified deaths, including deaths in prison or while under sentence, deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another, and all violent, sudden, or unusual deaths.
This bill would require the certificate of death to reflect when the decedent died through use of force by a peace officer, while in the custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state
prison, and the death was precipitated by law enforcement conduct.
(2)Existing
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
The certificate of death shall be divided into two sections:
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data of the decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate
shall record the decedent’s sex to reflect the decedent’s gender identity as female, male, or nonbinary. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the
decedent recorded on the death certificate shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of the decedent’s death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to the person prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of
death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)If the decedent died through use of force by a peace officer, while in custody of a peace officer, or while in the custody of state or local law enforcement, including a city or county jail or state prison, and the death was precipitated by law enforcement conduct.
(5)Information indicating whether the decedent was pregnant at the time of death, or within a year prior to the death, if known, as
determined by observation, autopsy, or review of the medical record. The electronic death registration system shall capture additional information regarding the pregnancy status of the decedent consistent with the data elements on the U.S. Standard Certificate of Death. This paragraph does not require the performance of a pregnancy test on a decedent, or a review of medical records in order to determine pregnancy.
