45-16-39 G
*** CODE SECTION *** 12/03/01
45-16-39.
(a) The following oath shall be administered to the foreman of the
jury by the coroner:
"You, as foreman of the inquest, shall diligently inquire and true
presentment make, on behalf of the State of Georgia, how and in
what manner ________ (or a person deceased, unknown, as the case
may be) came to his death and of such other matters relating to
the same as shall be lawfully required of you, according to
evidence, so help you God."
(b) The remainder of the jury shall be sworn by the coroner as
follows:
"The same oath which the foreman of this inquest has taken on his
part each of you shall observe and keep upon your part, so help
you God."
45-16-40 G
*** CODE SECTION *** 12/03/01
45-16-40.
(a) The coroner shall charge the jurors to declare, and they shall
so declare, whether the person for whom the inquest is held died by:
(1) Homicide;
(2) Suicide;
(3) Accident;
(4) Natural causes; or
(5) Undetermined causes
and all of the circumstances relating to the death.
(b) The jury shall have full and unrestricted power to inquire and
pass upon all the matters and things thus given them in charge and
they shall have this power even if the whole or a part of the charge
is omitted.
45-16-41 G
*** CODE SECTION *** 12/03/01
45-16-41.
Any juror failing to attend and serve on a coroner's inquest after
being duly summoned may be fined by the coroner in a sum not
exceeding $100.00 to be levied and collected by execution issued by
the coroner unless such defaulting juror shall file in the office of
the judge of the probate court a good and sufficient excuse for the
default to be judged by the next probate court held thereafter.
45-16-42 G
*** CODE SECTION *** 12/03/01
45-16-42.
In all inquests the results of the medical examiner's inquiry
performed shall be offered in evidence either by oral testimony of
the medical examiner or by introduction of a copy of the report
filed with the director of the division, as verified in the cases
requiring verification. The jury shall be free to reach a verdict in
accord or discord with such evidence but in all cases such evidence
must be presented to them for their consideration.
45-16-43 G
*** CODE SECTION *** 12/03/01
45-16-43.
Reports of medical examiners' inquiries performed as provided in
this article and copies of records, photographs, laboratory
findings, and reports in the office of the director of the division,
when duly attested by said director, shall be received as evidence
in any court or other proceeding for any purpose for which the
original could be received without any proof of the official
character of the person whose name is signed thereto.
45-16-44 G
*** CODE SECTION *** 12/03/01
45-16-44.
After the medical examiner's inquiry and inquest have been
completed, the dead body shall be delivered to the person legally
entitled thereto for burial. If no person claims the body, it shall
be turned over to the coroner of the county where death occurred for
disposition as provided by law. If the deceased has an estate out
of which burial expenses can be paid, either in whole or in part,
such estate shall be taken for such purpose before any expense under
this Code section is imposed upon any county.
45-16-45 G
*** CODE SECTION *** 12/03/01
45-16-45.
In order to implement this article, coroners are authorized to
disinter any body already buried and, like a sheriff, to command the
power of the county for that purpose. Medical examiners, other than
local medical examiners, may likewise exercise such authority in any
case wherein such authority is granted by an order of the judge of
the superior court of the county. Such orders may be granted by
judges of the superior courts, in their discretion, upon petition of
any medical examiner other than a local medical examiner.
45-16-46 G
*** CODE SECTION *** 12/03/01
45-16-46.
When any person has been admitted to a hospital or morgue as a
result of any casualty and for any reason whatsoever is unable to
give his or her consent to the taking of a sample of blood for
analytical purposes, the coroner or peace officer in charge of the
investigation of the circumstances surrounding the casualty may
notify a medical examiner for the purpose of obtaining a blood
sample to test for the presence of intoxicating substances or in the
case of a dead body and where appropriate for the presence of
infectious agents. The blood may be drawn by the medical examiner
or at the medical examiner's direction. The medical examiner or his
or her designee shall be entitled to a fee set in accordance with
Code Section 35-3-151 for performing these services, which fee shall
be paid in the same manner as set out in Code Section 45-16-22. The
peace officer may also request any licensed physician, nurse,
emergency medical technician, medical or laboratory technician, or
other qualified person to withdraw blood for purposes of this Code
section, in which event such person shall incur no civil or criminal
liability. The medical examiner or the peace officer in charge
shall submit the blood specimens to the division for analysis; and a
report shall be submitted by the division to the submitting officer.
45-16-47 G
*** CODE SECTION *** 12/03/01
45-16-47.
Except as provided in Code Section 45-16-30, any person who violates
this article shall be guilty of a misdemeanor.
45-16-48 G
*** CODE SECTION *** 12/03/01
45-16-48.
A coroner may be authorized to employ, at his discretion, a court
reporter who is certified under Article 2 of Chapter 14 of Title 15,
"The Georgia Court Reporting Act," to record the proceedings of any
inquest. The cost of acquiring the services of a certified court
reporter shall be paid from the funds of the county where the
inquest is held.
45-16-49 G
*** CODE SECTION *** 12/03/01
45-16-49.
The fees heretofore authorized to be paid in cases arising under
this article prior to May 1, 1997, shall continue to be paid at the
rate specified therein until such time as the Board of Public Safety
promulgates rules prescribing such fees as provided by paragraph (5)
of Code Section 35-3-151.
45-16-60 G
*** CODE SECTION *** 12/03/01
45-16-60.
This article shall be known as "The Georgia Coroner's Training
Council Act."
45-16-61 G
*** CODE SECTION *** 12/03/01
45-16-61.
As used in this article, the term:
(1) "Certified coroner" means a coroner who has the appropriate
required certificate of training issued by the council on file
with the Board of Public Safety.
(2) "Coroner" means any person appointed or elected in a county to
serve as coroner or deputy coroner.
(3) "Council" means the Georgia Coroner's Training Council.
(4) "School" means any school, college, university, academy, or
training program approved by the council and the Board of Public
Safety which offers basic, in-service, advanced, specialized, or
continuing training, or a combination thereof, and includes within
its meaning a combination of course curriculum, instructors, and
facilities which meets the standards required by the council.
45-16-62 G
*** CODE SECTION *** 12/03/01
45-16-62.
(a) There is established a council which shall be known and
designated as the "Georgia Coroner's Training Council" which shall
be composed of the superintendent of the Georgia Police Academy or
his designee, which member shall not be a voting member; five
coroners appointed by the Board of Public Safety, three of whom will
be selected from a list of five persons recommended by the Georgia
Coroner's Association; and one physician trained in forensic
pathology and appointed by the Board of Public Safety, which
physician member shall not be a voting member of the council but
shall advise the council regarding the training course curriculum
for coroners. The term of office of the physician member appointed
in 1990 shall begin September 1, 1990, and that and all subsequent
terms for that office shall be for four years and until the
appointment and qualification of a successor. The five coroners
appointed shall serve for terms of four years. The term of office
of the member initially appointed in 1987 shall begin September 1,
1987. Upon the expiration of a member's term of office, such member
shall continue to serve on the council until his successor is
appointed and qualified. Any person, other than the physician
member, appointed to the council who ceases to serve as a coroner
shall be ineligible to continue service on the council. The Georgia
Police Academy shall establish a curriculum advisory committee to
provide information beneficial to the development of courses at the
Georgia Police Academy. Members of the committee will be selected
by the superintendent of the Georgia Police Academy.
(b) Membership on the council does not constitute public office, and
no member shall be disqualified from holding office by reason of his
membership.
(c) Vacancies on the council shall be filled as provided in
subsection (a) of this Code section for the remainder of the
unexpired term.
45-16-63 G
*** CODE SECTION *** 12/03/01
45-16-63.
Immediately and before entering upon the duties of office, the
members of the council shall take the oath of office and shall file
the same with the Board of Public Safety, which, upon receiving the
oath of office, shall issue to each member a certificate of
appointment.
45-16-64 G
*** CODE SECTION *** 12/03/01
45-16-64.
(a) The council at its initial meeting, which shall be held promptly
after the appointment of its members, shall elect from among its
members a chairman and a vice-chairman who shall serve until the
first meeting in the succeeding year. Thereafter, the chairman and
the vice-chairman shall be elected at the first meeting of each
calendar year.
(b) The superintendent of the Georgia Police Academy or his designee
shall serve as secretary to the council.
(c) A simple majority of the council members shall constitute a
quorum for the transaction of business.
(d) The council shall maintain minutes of its meetings and such
other records as it deems necessary.
(e) The council shall report at least annually to the Board of
Public Safety and to the General Assembly as to its activities.
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