(a)Notwithstanding IC 5-14-3-4(b)(1), when
a coroner investigates a death, the office of the coroner is required to
make available for public inspection and copying the following:
(1)The name, age, address, sex, and race of the deceased.
(2)The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3)The name of the agency to which the death was reported and
the name of the person reporting the death.
(4)The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5)Information regarding an autopsy (requested or perfo
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(a) Notwithstanding IC 5-14-3-4(b)(1), when
a coroner investigates a death, the office of the coroner is required to
make available for public inspection and copying the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy, where
the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and the
authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6
of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 16-49-4; or
(3) a county child fatality review team or regional child fatality
review team established under IC 16-49-2 for the area where the
death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 16-49-1-2) and
making a determination as to whether the death of the child was a
result of abuse, abandonment, or neglect. An autopsy report made
available under this subsection is confidential and shall not be
disclosed to another individual or agency, unless otherwise authorized
or required by law.
(f) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to the local fetal-infant mortality review team
established under IC 16-49-6 for purposes of the local fetal-infant
mortality review team conducting a review or an investigation of the
circumstances surrounding a fetal death or an infant death (as defined
in IC 16-49-6). An autopsy report made available under this subsection
is confidential and shall not be disclosed to another individual or
agency, unless otherwise authorized or required by law.
(g) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to the statewide maternity mortality review committee
established under IC 16-50-1.
(h) Notwithstanding any other provision of this section, and except
as otherwise provided in this subsection, a coroner may make available,
upon written request, a full copy of an autopsy report to the peer review
committee (as defined in IC 34-6-2.1-145) of a hospital at which the
decedent was treated immediately before death for purposes of the
hospital's peer review activities. An autopsy report made available
under this subsection:
(1) may not include:
(A) a photograph;
(B) a video recording; or
(C) an audio recording;
of the autopsy; and
(2) is confidential and may not be disclosed to another individual
or agency, unless otherwise authorized or required by law.
However, if immediately making available an autopsy report under this
subsection will interfere with the coroner's investigation or other legal
proceedings related to the decedent's death, the coroner may delay
making available the requested autopsy related information until the
investigation or other legal proceedings are concluded.
(i) Except as provided in subsection (j), the information required to
be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(j) The prosecuting attorney may petition a circuit or superior court
for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(k) Upon receipt of a copy of the petition described in subsection (j),
the coroner shall keep the information confidential until the court rules
on the petition.
(l) The court shall grant a petition filed under subsection (j) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the reasons
for granting or denying the petition. An order issued under this
subsection must use the least restrictive means and duration possible
when restricting access to the information. Information to which access
is restricted under this subsection is confidential.
(m) Any person may petition the court to modify or terminate an
order issued under subsection (l). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the coroner.
(n) Upon receipt of a petition for modification or termination filed
under subsection (m), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party or
upon the court's own motion, the court may close the hearing to the
public.
(o) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the
information. In ruling on a request under this subsection, the court shall
state the court's reasons for granting or denying the request.