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2016 SESSION

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HB 789 Exhumations; clerk of circuit court to send notice to next of kin, exception.

Introduced by: Les R. Adams | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Exhumations; notice to next of kin. Establishes procedures for notification of the next of kin of a dead person upon receipt by the circuit court of a report regarding an investigation that requires an exhumation or filing of a petition for exhumation. The bill provides that in cases in which the exhumation is requested as part of an investigation by the Chief Medical Examiner or other medical examiner, upon request of the attorney for the Commonwealth and a finding that good cause exists, a judge may order for a period not to exceed 90 days that notification of the next of kin of the dead person be withheld, the report and order for exhumation be sealed, and any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or to any other person that the court may deem appropriate that the investigation or exhumation has occurred. Such order may be extended for additional periods of up to 90 days upon petition of the attorney for the Commonwealth and a finding that good cause for such extension exists.

SUMMARY AS PASSED HOUSE:

Exhumations; notice to next of kin. Establishes procedures for notification of the next of kin of a dead person upon receipt by the circuit court of a report regarding an investigation that requires an exhumation or filing of a petition for exhumation. The bill provides that in cases in which the exhumation is requested as part of an investigation by the Chief Medical Examiner or other medical examiner, upon request of the attorney for the Commonwealth and a finding that good cause exists, a judge may order for a period not to exceed 90 days that notification of the next of kin of the dead person be withheld, the report and order for exhumation be sealed, and any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or to any other person that the court may deem appropriate that the investigation or exhumation has occurred. Such order may be extended for additional periods of up to 90 day upon petition of the attorney for the Commonwealth and a finding that good cause for such extension exists.

SUMMARY AS INTRODUCED:

Exhumations; notice to next of kin. Requires the clerk of the circuit court to which a report regarding an investigation that requires an exhumation or a petition for exhumation is filed to send notice of the report or petition to the next of kin of the dead person.