45-16-11 G
*** CODE SECTION *** 12/03/01
45-16-11.
(a)(1) Any other law to the contrary notwithstanding, the minimum
annual salary of each coroner in any of the counties in this state
in the following population brackets shall be fixed according to
the population of the county in which he or she serves, as
determined by the United States decennial census of 1990 or any
future such census. Except as otherwise provided in paragraph (2)
of this subsection, each such coroner shall receive an annual
salary, payable in equal monthly installments from the funds of
the coroner's county, of not less than the amount fixed in the
following schedule:
Population Minimum Salary
0 -- 11,889.......................................$ 1,200.00
11,890 -- 19,999....................................... 2,400.00
20,000 -- 34,999....................................... 3,600.00
(2) On and after July 1, 2001, whenever the employees in the
classified service of the state merit system receive a
cost-of-living increase or general performance based increase of a
certain percentage or a certain amount, the amounts fixed in the
minimum salary schedule in paragraph (1) of this subsection, and
in Code Section 45-16-11.1, or the amounts derived by increasing
each of said amounts through the application of longevity
increases pursuant to subsection (b) of this Code section, where
applicable, shall be increased by the same percentage or same
amount applicable to such state employees. If the cost-of-living
increase or general performance based increase received by state
employees is in different percentages or different amounts as to
certain categories of employees, the amounts fixed in the minimum
salary schedule in paragraph (1) of this subsection, and in Code
Section 45-16-11.1, or the amounts derived through the application
of longevity increases, shall be increased by a percentage or an
amount not to exceed the average percentage or average amount of
the general increase in salary granted to the state employees.
The Office of Planning and Budget shall calculate the average
percentage increase or average amount increase when necessary.
The periodic changes in the amounts fixed in the minimum salary
schedule in paragraph (1) of this subsection, and in Code Section
45-16-11.1, or the amounts derived through the application of
longevity increases, as authorized by this paragraph shall become
effective on the first day of January following the date that the
cost-of-living increases received by state employees become
effective; provided, however, that if the cost-of-living increases
or general performance based increases received by state employees
become effective on January 1, such periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection, and in Code Section 45-16-11.1, or the amounts
derived through the application of longevity increases, as
authorized by this paragraph shall become effective on the same
date that the cost-of-living increases or general performance
based increases received by state employees become effective.
(3) The county governing authority may supplement the minimum
annual salary of the coroner in such amount as it may fix from
time to time; but no coroner's compensation supplement shall be
decreased during any term of office. Any prior expenditure of
county funds to supplement the coroner's salary in the manner
authorized by this paragraph is ratified and confirmed. Nothing
contained in this paragraph shall prohibit the General Assembly by
local law from supplementing the annual salary of the coroner.
(b) The amounts provided in paragraph (1) of subsection (a) of this
Code section and Code Section 45-16-11.1, as increased by paragraph
(2) of subsection (a) of this Code section, shall be increased by
multiplying said amounts by the percentage which equals 5 percent
times the number of completed four-year terms of office served by
any coroner after December 31, 2000, effective the first day of
January following the completion of each such period of service.
(c) The minimum salaries provided for under this Code section shall
be in addition to any fees paid by the county governing authority to
the coroner on a per-call basis and in addition to any expenses.
(d) The minimum salaries provided for in this Code section shall be
considered as salary only. Expenses for deputies, equipment,
supplies, copying equipment, and other necessary and reasonable
expenses for the operation of a coroner's office shall come from
funds other than the funds specified as salary in this Code section.
(e) This Code section shall not be construed to reduce the salary of
any coroner in office on July 1, 2001; provided, however, that
successors to such coroners in office on July 1, 2001, shall be
governed by the provisions of this Code section. All local
legislation in effect on July 1, 2001, or enacted thereafter
affecting compensation for coroners of the various counties shall be
of full force and effect except where the same provides for a salary
lower than provided in this Code section, in which event this Code
section shall prevail.
45-16-11.1 G
*** CODE SECTION *** 12/03/01
45-16-11.1.
In addition to the minimum salary provided for in Code Section
45-16-11, in any county which is the site of more than one state
correctional institution or prison for adults or juveniles and which
compensates the county coroner by salary, the state shall compensate
the county coroner in the amount of $110.00 for each state inmate
death in such county. The county coroner of such a county is
authorized to accept the compensation provided in accordance with
this Code section despite any local Act which requires such a
coroner to send fees to the county treasury or the county governing
authority.
45-16-11.2 G
*** CODE SECTION *** 12/03/01
45-16-11.2.
In addition to any salary, fees, or expenses now or hereafter
provided by law, the governing authority of each of the counties in
this state in the following population bracket is authorized to
provide as contingent expenses for the operation of the office of
coroner, and payable from county funds, a monthly expense allowance
of not less than the amount fixed in the following schedule:
Population Minimum Monthly Expenses
0 -- 34,999...................................................$ 50.00
45-16-20 G
*** CODE SECTION *** 12/03/01
45-16-20.
This article shall be known and may be cited as the "Georgia Death
Investigation Act."
45-16-21 G
*** CODE SECTION *** 12/03/01
45-16-21.
As used in this article, the term:
(1) "Autopsy" means the dissection of a dead body and the
examination of bone, tissue, organs, and foreign objects for the
purpose of determining the cause of death and circumstances
surrounding the same, which procedure shall include as a minimum
an external examination and the examination of the brain, neck and
thoracic organs, and abdominal organs.
(1.1) "Chief medical examiner" means the chief medical examiner
appointed pursuant to Code Section 35-3-153.
(2) "County medical examiner" means that office established in
lieu of the office of coroner pursuant to Code Section 45-16-80 or
any amendment to the Constitution continued pursuant to the
authority of Article XI, Section I, Paragraph IV of the
Constitution.
(3) "Division" means the Division of Forensic Sciences of the
Georgia Bureau of Investigation.
(4) "External examination" means an external examination of a dead
body but shall not include dissection of the body for any purpose
except dissection which is necessary for and limited to
procurement of blood or body fluids for toxicological or other
analysis.
(5) "Forensic consultant" means a person meeting the requirements
and authorized to perform the duties specified in subsection (c)
of Code Section 45-16-23.
(6) "Inquest" means an official judicial inquiry before a coroner
and coroner's jury for the purpose of determining the cause of
death.
(7) "Limited dissection" means the incision into or dissection of
a dead body for diagnosis or evidence collection and the term
includes without being limited to an external examination but does
not include an individual examination of the:
(A) Brain;
(B) Neck organs;
(C) Thoracic organs; and
(D) Abdominal organs
but may include an examination of any but not all of the
categories of organs specified in subparagraphs (A) through (D) of
this paragraph.
(8) "Local medical examiner" means a person meeting the
requirements and authorized to perform the duties specified in
subsection (b) of Code Section 45-16-23.
(9) "Medical examiner" means:
(A) The chief medical examiner;
(B) A regional medical examiner;
(C) A county medical examiner;
(D) A local medical examiner; or
(E) Any person who is employed by the state and appointed as a
medical examiner as of December 1, 1989, who continues to
perform the duties and exercise the powers of a medical examiner
under this article when such performance and exercise are within
the scope of such employment.
(10) "Medical examiner's inquiry" means an inquiry made by a
medical examiner into the circumstances surrounding a death which
is required to be reported under the provisions of Code Section
45-16-24, which inquiry may include, but is not required to
include, a scene investigation, an external examination, a limited
dissection, an autopsy, or any combination thereof.
(11) "Medical examiner's investigator" means a person meeting the
requirements and authorized to perform the duties specified in
subsection (d) of Code Section 45-16-23.
(12) "Peace officer in charge" means any peace officer of the
Georgia State Patrol or agent of the Georgia Bureau of
Investigation, sheriff or sheriff's deputy, peace officer assigned
to the coroner's office, county policeman, city policeman, or city
detective who may be in charge of the investigation of any case
involving a death covered by Code Sections 45-16-27 and 45-16-32.
(13) "Regional medical examiner" means a medical examiner who is
employed by the Georgia Bureau of Investigation and who is a
pathologist certified in forensic pathology by the American Board
of Pathology appointed by the chief medical examiner pursuant to
Code Section 35-3-153.
(14) "Scene investigation" means an examination by the medical
examiner or medical examiner's investigator of the area
surrounding a dead body or area where a death or agonal event
occurred.
(15) "Unattended death," "died unattended," or "died unattended by
a physician" means a death where a person dies of apparently
natural causes and has no physician who can certify the death as
being due to natural causes. If the suspected cause of death
directly involves any trauma or complication of such trauma, the
death must be reported to the coroner or county medical examiner.
An unattended death also occurs when a person is admitted in an
unresponsive state to a hospital and dies within 24 hours of
admission.
45-16-22 G
*** CODE SECTION *** 12/03/01
45-16-22.
(a) The director of the division is authorized and directed to
cooperate with and assist the peace officers in charge, medical
examiners, and coroners of the state in making the facilities of the
division available for the performing of medical examiners'
inquiries on dead bodies as required by this article.
(b) The county governing authority shall after consulting with the
coroner, if any, be authorized to appoint one or more local medical
examiners who shall be licensed physicians or pathologists. The
chief medical examiner may, at the request of a county governing
authority, authorize one or more licensed physicians or pathologists
at convenient locations throughout the state to act as local medical
examiners in performing medical examiners' inquiries as required by
this article. The chief medical examiner shall confer with local
county officials in making appointments of regional and local
medical examiners. Any regional or local medical examiner appointed
by the chief medical examiner shall have such jurisdiction within
this state as designated by the chief medical examiner.
(c) Except as otherwise provided in this article, it shall be in the
sole discretion of the medical examiner to determine whether or not
an autopsy or limited dissection is required; provided, however,
that the medical examiner shall give due consideration to the
opinions of the coroner and the peace officer in charge regarding
the requirements of accepted investigation techniques and the rules
of evidence applicable thereto.
(d) In the event that any local medical examiner or regional medical
examiner is unable or unwilling to serve in any case, the coroner or
the peace officer in charge may call upon the chief medical
examiner, who shall perform a medical examiner's inquiry or direct
another medical examiner to perform such inquiry.
(e) For each external examination so performed, in cases where
limited dissection or autopsy of the body is not required, the
medical examiner shall receive the fee set in accordance with the
provisions of Code Section 35-3-151. The fee in each case is to be
paid from funds of the county in which the act was committed; or, if
the county in which the act was committed is unknown, the fee shall
be paid from funds of the county in which the body was found. In
the event the place in which the act was committed is not known but
is later established, the county in which the act was committed
shall be responsible for payment of fees incurred by the medical
examiner. Subject to funds being appropriated or otherwise
available for such purpose, the chief medical examiner shall provide
transportation of the deceased person to the site of the autopsy, if
such autopsy is to be performed by a state or regional medical
examiner employed by the state, and to return the body to the county
where the death occurred.
(f) When death occurs in a hospital as a direct result and
consequence of acts or events taking place in a county other than
the one in which such death occurs, the body shall be returned to
the county in which such acts or events took place. When a dead
body is found in a county in which the acts or events leading to
death did not occur, it shall be returned to the county in which the
acts or events did occur, if known. The coroner or local medical
examiner of the county in which such acts or events took place shall
assume jurisdiction and the medical examiner's inquiry, if any
performed, shall be paid for from funds of the county in which such
acts or events took place.
(g) In the event that a medical examiner's inquiry is performed by
the chief medical examiner or an employee thereof, no fee therefor
shall be imposed pursuant to this Code section. In the event that a
medical examiner's inquiry is performed by a medical examiner
regularly employed at a fixed compensation by any county or group of
counties, no fee shall be imposed upon any county or group of
counties employing that medical examiner at a fixed compensation.
(h) Any person holding office as a medical examiner pursuant to an
appointment of the state medical examiner on May 1, 1997, shall
continue in the exercise of his or her functions and duties until
such person's successor has been duly appointed.
|