BILL NO A01643
SAME AS No same as
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.
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
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
JUSTIFICATION: Under the current County Law, only the coroner or
medical examiner of the county where a death has occurred has
jurisdiction 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
emergency 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 County. The County Law should be amended to allow,
under these circumstances, 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.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
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 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.