HomeMy WebLinkAboutMINUTES - 02091993 - 1.22 .To. BOARD OF SUPERVISORS
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CostaFROM: Phil Batchelor, County Administrator •.�� _
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County
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DATE: February 2 1993
SUBJECT: LEGISLATION: AB 164 (Rainey)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge -that the Board of Supervisors is the SPONSOR of AB 164
by Assemblyman Rainey, as introduced, which would make certain
tests the Coroner is currently required to perform under certain
circumstances optional, rather than mandatory.
BACKGROUND:
Under current law, the Coroner is required to take blood and urine
samples for tests of the alcoholic and barbituric content of a body
when a death occurs while the deceased was driving .or riding in a
motor vehicle or as a result of the deceased being struck by a
motor vehicle. The Coroner is authorized, but not required, to
also take these samples in order" to . determine the amphetamine
contents of the body. These tests are not required to be made if
the deceased was under the age of 15, unless the circumstances
indicate the possibility of consumption of one of these substances .
These tests are also not required when the death occurred more than
24 hours after the accident.
The Sheriff-Coroner' s Office indicates that they have the authority
to order whatever tests they believe are required depending' on the
individual circumstances of the death and should not be required to
perform some tests which may not be required.
The Board of Supervisors included in its 1993 Legislative Program
( item #26) the sponsorship . of legislation to make all of these
tests optional, leaving it up to the discretion of the Coroner" in
an individual case to determine what tests are required.
CONTINUED ON ATTACHMENT: —YES SIGNATURE:t/ f ��J ®
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON February 9 , 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS,(ABSENT ) AND CORRECT.COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES"OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
'ATTESTED- FEB ® 9 1993
Contact. PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner
Capt. John Hart, Sheriff ' s Office ,
Les Spahnn, SRJ. Jackson, Barish & Associates
BY "19� DEPUTY
•
Assemblyman Rainey has agreed to author legislation to make all of
these tests optional . Attached is a copy of AB 164 as it was
introduced. The Sheriff-Coroner' s staff would like some further
amendments to clarify that all such tests are optional and staff
will seek such amendments .
In view of the fact that this item was included in the Board' s 1993
Legislative Program and has now been introduced in bill form, it is
appropriate for the Board of Supervisors to indicate its
sponsorship for this bill, with additional amendments .
0
1
I -
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 164
Introduced by Assembly Member. Rainey
January 19, 1993
{
An act to amend Section 27491.25 of the Government Code,
relating to coroners.
LEGISLATIVE COUNSEL'S DIGEST
AB 164, as introduced, Rainey. Coroners: motor vehicle
accidents.
Existing law requires coroners to take blood and urine
samples for specified tests when notified of a death of a person
driving or riding in a motor vehicle or being struck by one..
This bill would authorize rather than require those tests.
Vote: majority. Appropriation: no. Fiscal committee: no.
.State-mandated local program: no.
The people of the State of California do enact as follows.
1 SECTION 1. Section 27491.25 of the Government
2 Code is amended to read:
3 27491.25. The coroner, or his the coroner's appointed
4' deputy, on being notified of a death occurring while the
5 .deceased was driving or riding in a motor vehicle, or as
6 a result of the deceased being struck by a motor vehicle,
7 eheg may take blood and urine samples from the body of
8 the deceased before it has been prepared for burial and
9 make appropriate related chemical tests to determine
10 the alcoholic eftd , barbituric acid, and amphetamine
11 derivative contents, if any, of the body. At the disereSen
12 of the eerener, or his appointed dem; the same
13 preeedure may be used to determine the amphet-
14 de ett �ntent�, if ate-, of the
99 100