Bill Text: NJ A5248 | 2016-2017 | Regular Session | Introduced

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Bill Title: Requires medical examiners to perform dissections or autopsies in all cases of compelling public necessity, including deaths of prison, jail, or penitentiary inmates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-12-04 - Introduced, Referred to Assembly Law and Public Safety Committee [A5248 Detail]

Download: New_Jersey-2016-A5248-Introduced.html

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ASSEMBLY, No. 5248

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED DECEMBER 4, 2017

 

 

Sponsored by:

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

 

 

 

 

SYNOPSIS

     Requires medical examiners to perform dissections or autopsies in all cases of compelling public necessity, including deaths of prison, jail, or penitentiary inmates.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning dissections or autopsies and amending P.L.1983, c.535.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.1983, c.535 (C.52:17B-88.2) is amended to read as follows:

     2.    Notwithstanding any other provision of law to the contrary, [no] if there is a compelling public necessity under paragraphs (1), (2), (3), and (4) of subsection a. of section 1 of P.L.1983, c.535 (C.52:17B-88.1), a medical examiner shall perform a dissection or autopsy.  No dissection or autopsy shall be performed, in the absence of a compelling public necessity, over the objection of a member of the deceased's immediate family or in the absence thereof, a friend of the deceased that the procedure is contrary to the religious beliefs of the decedent or if there is an obvious reason to believe that a dissection or autopsy is contrary to the decedent's religious beliefs.

(cf: P.L.1983, c.535, s.2)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill clarifies that a medical examiner is required to perform a dissection or autopsy if there is a compelling public necessity.

     Specifically, the bill amends section 2 of P.L.1985, c.535 (C.52:17B-88.2) to require that a medical examiner perform a dissection or autopsy if there is a compelling public necessity as defined in subsection a. of section 1 of P.L.1983, c.535 (C.52:17B-88.1), including the death of an inmate of a jail, prison, or penitentiary.

     The provisions of P.L.1983, c.535 (C.52:17B-88.1 et seq.) define the circumstances that create a compelling public necessity requiring a medical examiner to perform a dissection or autopsy.  The law, however, does not explicitly state that a dissection or autopsy is required to be performed if, in the opinion of a medical examiner, there is such a necessity.  This amendment would explicitly stipulate that a dissection or autopsy must be performed whenever there is a compelling public necessity, including the death of an inmate of a jail, prison, or penitentiary.