AN ACT to create and enact a new subdivision to subsection 4 of section 23-01-05.5 of the North Dakota Century Code, relating to the disclosure of an autopsy report; and to amend and reenact subsection 4 of section 11-19.1-11 of the North Dakota Century Code, relating to authorizing the coroner and the state forensic examiner to disclose autopsy reports to the department of corrections and rehabilitation.
Summary
HB 1116 amends North Dakota law governing the confidentiality and disclosure of death investigation records, specifically autopsy reports. The bill allows a coroner to disclose autopsy-related materials for investigations, inquests, prosecutions, and inspection by the Department of Corrections and Rehabilitation, and requires the coroner to provide a copy of the autopsy report to the state forensic examiner. It also adds a new provision authorizing the state forensic examiner to disclose an autopsy report to the Department of Corrections and Rehabilitation when the decedent was an inmate in a county, regional, or state correctional facility.
In practical terms, the bill creates a clearer statutory pathway for sharing autopsy reports involving incarcerated decedents between coroners, the state forensic examiner, and corrections officials. It modifies sections of the Century Code dealing with death reports and forensic records, while preserving the general confidentiality of autopsy materials except for the specified disclosures. The measure appears aimed at improving information flow in correctional death investigations and related oversight.
Impact
The bill changes North Dakota Century Code sections 11-19.1-11 and 23-01-05.5 by expanding authorized disclosure of autopsy reports and related death investigation records. It specifically permits disclosure to the Department of Corrections and Rehabilitation when the deceased was an inmate in a county, regional, or state correctional facility, and requires transmission of autopsy reports to the state forensic examiner. The affected parties are coroners, the state forensic examiner, the Department of Corrections and Rehabilitation, and indirectly correctional facilities and families involved in inmate death investigations.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 93-0 and the Senate 46-0, indicating unanimous approval in both chambers. The lack of committee transcript material and the unanimous votes suggest the measure was viewed as a technical or administrative clarification rather than a politically divisive policy change.
Contention
No notable opposition is reflected in the available record. The main policy issue is the balance between confidentiality of autopsy materials and the need for disclosure to corrections officials in inmate death cases. Any potential concern would likely center on privacy and record confidentiality, but the bill preserves confidentiality generally and limits disclosure to specified government entities and purposes.