Bill Text: OH HB192 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To require the court in a civil action to tax as a cost the amount necessary to reimburse the county treasury when the coroner or the coroner's physician-employees or forensic investigators are called to testify about professional services and to provide for the direct payment to physicians in private practice who perform autopsies for a coroner's office and are similarly called to testify.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2009-05-26 - To Judiciary [HB192 Detail]

Download: Ohio-2009-HB192-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 192


Representative Letson 

Cosponsors: Representatives Weddington, Ujvagi, Dodd, Hagan, Luckie, Harwood, Brown 



A BILL
To enact section 313.061 of the Revised Code to 1
require the court in a civil action to tax as a 2
cost the amount necessary to reimburse the county 3
treasury when the coroner or the coroner's 4
physician-employees or forensic investigators are 5
called to testify about professional services and 6
to provide for the direct payment to physicians 7
in private practice who perform autopsies for a 8
coroner's office and are similarly called to 9
testify.10


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 313.061 of the Revised Code be 11
enacted to read as follows:12

       Sec. 313.061. Notwithstanding anything to the contrary in 13
section 2335.06 of the Revised Code, when the coroner, another 14
physician, or forensic investigator is deposed or called as a 15
witness in a civil action to testify about professional 16
services, including, but not limited to, autopsies and 17
toxicology interpretations or forensic investigations, performed 18
by or on behalf of the coroner, a fee for testifying shall be 19
taxed as a cost by the court in the civil action. The fee may 20
include time spent preparing for and attending a deposition as 21
well as time spent preparing for and testifying in court. 22
Notwithstanding any other provision in the Revised Code governing 23
the distribution of costs, the court shall award costs as 24
follows:25

        (A) If the body that was the subject of the autopsy was in 26
the charge of the coroner, and the coroner or a physician or 27
forensic investigator who is an employee of that coroner's office 28
is deposed or called as a witness, the court shall award to the 29
treasury of that coroner's county the amount that the board of 30
county commissioners of that county determines to be the 31
approximate amount of the compensation, including fringe 32
benefits, the county paid to the testifying coroner, 33
physician-employee, or forensic investigator for the time absent 34
from county employment to prepare for and attend a deposition or 35
to prepare for and appear as a witness.36

       (B) If a coroner or a physician or forensic investigator who 37
is an employee of a coroner's office performed an autopsy or 38
investigation for a coroner of another county who was in charge 39
of the body that was the subject of the autopsy and 40
investigation, and the performing coroner, physician-employee, or 41
forensic investigator is deposed or called as a witness, the 42
court shall award to the treasury of the county of that 43
performing coroner, physician-employee, or forensic investigator 44
the amount that the board of county commissioners of that county 45
determines to be the approximate amount of the compensation, 46
including fringe benefits, the county paid to the performing 47
coroner, physician-employee, or forensic investigator for the 48
time absent from county employment to prepare for and attend a 49
deposition or to prepare for and appear as a witness.50

        (C) If the coroner contracted with a physician in private 51
practice to perform an autopsy on behalf of the coroner, the court 52
shall award the physician directly the amount necessary to 53
compensate the physician for the physician's time spent to prepare 54
for and appear at a deposition or as a witness.55

       As used in this section, "forensic investigator" means a 56
person who specializes in forensic science, works under the 57
direction of the county coroner, and provides information about the 58
details and circumstances of an investigation to assist the 59
coroner in determining the manner, mode, and cause of death of a 60
deceased individual.61

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