O.C.G.A. § 45-16-32 (2019)
Report of examination and investigation; maintenance of copies; verification of foul play by forensic laboratory; transmittal of copies of reports to district attorneys
The medical examiner and coroner shall complete a report of each medical examiner's inquiry and coroner's investigation and shall maintain permanent records of such reports. The coroner or county medical examiner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit any specimens, samples, or other evidence to a forensic laboratory for analysis. In cases where reports indicating foul play are verified by the forensic laboratory, the laboratory shall provide a completed lab report to the appropriate prosecuting attorney where the acts or events leading to the death occurred.
History
(Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 4; Ga. L. 1960, p. 1009, § 3; Ga. L. 1984, p. 812, § 5; Ga. L. 1985, p. 843, § 10; Ga. L. 1989, p. 417, § 2; Ga. L. 1990, p. 1735, § 3; Ga. L. 1999, p. 869, § 4; Ga. L. 2010, p. 574, § 2/HB 1095.)
Annotations
JUDICIAL DECISIONS Delivery of deceased’s body to county coroner as circumstantial evidence of venue. - Although the prosecution did not introduce direct evidence which showed that the location of a robbery and murder was in the county where the defendant was tried, the prosecution did introduce evidence which showed that the crime occurred near a lounge that was in the county, and the jury was able to find
proper venue by considering that evidence and the facts that the police officer who investigated the crime worked for the county and that the deceased’s body was taken to the county’s coroner for autopsy. Chapman v. State, 275 Ga. 314, 565 S.E.2d 442 (2002). Cited in National Life & Accident Ins. Co. v. Fender, 146 Ga. App. 545, 247 S.E.2d 195 (1978).
OPINIONS OF THE ATTORNEY GENERAL Correlating Ga. L. 1953, Jan.-Feb. Sess., p. 602, §§ 5, 8, and 9 (see now O.C.G.A. §§ 45-16-24, 45-16-25, and 45-16-27) together, no post-mortem or autopsy need be performed since the deceased was under the care of a physician and there was no evidence of violence or suicide; if the deceased was under the care of a physician it was not essential that the physician be present at the instant of death to avoid the necessity of notifying the coroner. 1973 Op. Att’y Gen. No. U73-65. Inquest or post-mortem not necessary. - The provisions of former Code 1933, § 21-202 (see now O.C.G.A. § 45-16-27(a)), relating to the necessity of taking inquests, have been construed as being somewhat limited by later sections of O.C.G.A. Art. 2, Ch. 16, T. 45, viz., Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 1 et seq.
(see now O.C.G.A. §§ 45-16-24, 45-16-25 and 45-16-33), in that an inquest and post-mortem would not be necessary when there was sufficient evidence to disclose the cause of death. 1957 Op. Att’y Gen. p. 21. Organ donations. - Duties of law enforcement officer and medical technicians to facilitate organ donations under former O.C.G.A. § 17-16-11(b) must be performed harmoniously with the coroner’s duty to take charge of the body of a fatally injured individual under O.C.G.A. § 45-16-24. 1996 Op. Att’y Gen. No. 96-13. Improper removal of body. - The removal of a body to a funeral home without the direction of the peace officer, coroner, or medical examiner is a violation of the law and a misdemeanor. 1962 Op. Att’y Gen. p. 377.
RESEARCH REFERENCES Am. Jur. 2d. - 18 Am. Jur. 2d, Coroners or Medical Examiners, § 7 et seq.
22A Am. Jur. 2d, Dead Bodies, §§ 1 et seq., 41 et seq.
C.J.S. - 18 C.J.S., Coroners, § 7 et seq. 25A C.J.S., Dead Bodies, §§ 2, 4. ALR. - Criminal liability for death of
another as result of accused’s attempt to kill self or assist another’s suicide, 40 ALR4th 702.