A01643 Summary:

BILL NOA01643
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd S673, County L
 
Provides that if it appears that a death may have resulted from the commission of a crime, the coroner or medical examiner in any county with geographic jurisdiction over the crime shall have concurrent jurisdiction and authority to investigate the death.
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A01643 Actions:

BILL NOA01643
 
01/12/2015referred to local governments
02/26/2015reported referred to codes
03/03/2015reported
03/05/2015advanced to third reading cal.70
03/11/2015passed assembly
03/11/2015delivered to senate
03/11/2015REFERRED TO LOCAL GOVERNMENT
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.77
01/26/2016passed assembly
01/26/2016delivered to senate
01/26/2016REFERRED TO LOCAL GOVERNMENT
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A01643 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1643
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the county law, in relation to the jurisdiction of a coroner or medical examiner   PURPOSE OF BILL: Relates to the jurisdiction of a coroner or medical examiner.   SUMMARY OF SPECIFIC PROVISIONS: The bill provides that when a death results from a criminal act, the medical examiner or coroner of the county having jurisdiction to prosecute that crime shall have equal authority to investigate that death, even if the crime victim died in another county.   JUSTIFICATION: Under the current County Law, only the coroner or medical examiner of the county where a death has occurred has jurisdic- tion to investigate that death (County Law Section 673 (1)). But in certain locales, crime victims, found near death in one county, will be rushed by police or ambulance to a hospital in an adjoining county, because that hospital is the nearest with adequate trauma facilities. If death results, the homicide will be prosecuted in the original county, although current law gives that county's medical examiner no authority to investigate the death or conduct the autopsy. In sections of Westchester County, for example, seriously injured crime victims will be transported to Jacobi Hospital in the Bronx for emergen- cy treatment. This arrangement is intended to serve the best medical interests of the victim, and should be respected as such. However, if the victim does not survive, the ensuing homicide investigation (and ultimate prosecution) will occur in Westchester County, not Bronx Coun- ty. The County Law should be amended to allow, under these circum- stances, that the Westchester County Medical Examiner (and not just the New York City Medical Examiner) may investigate this victim's death and conduct the appropriate autopsy and analyses. Westchester County's Chief Medical Examiner, Dr. Millard J. Hyland, supports this proposal.   LEGISLATIVE HISTORY: 2013: A3859 Passed Assembly 2012: A2688 Passed Assembly 2010: A3325 Passed Assembly. 2008: A5225 Passed Assembly   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01643 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1643
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the county law, in relation to  the  jurisdiction  of  a
          coroner or medical examiner
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 673 of the county  law  is  renum-
     2  bered subdivision 3 and a new subdivision 2 is added to read as follows:
     3    2.  Notwithstanding the provisions of subdivision one of this section,
     4  if it appears that death may have resulted from a crime, the coroner  or
     5  medical  examiner  in  any  county  with geographic jurisdiction of such
     6  crime pursuant to section 20.40 of the criminal procedure law shall have
     7  concurrent jurisdiction and authority to investigate the death.
     8    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05358-01-5
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