Missouri Revised Statutes
Chapter 58
Coroners and Inquests
←58.449
Section 58.451.1
58.452→
August 28, 2015
Death to be reported and investigated by coroner, certain counties, when--place of death, two counties involved, how determined--efforts to accommodate organ donation.
58.451. 1. When any person, in any county in which a coroner is
required by section 58.010, dies and there is reasonable ground to believe
that such person died as a result of:
(1) Violence by homicide, suicide, or accident;
(2) Criminal abortions, including those self-induced;
(3) Some unforeseen sudden occurrence and the deceased had not been
attended by a physician during the thirty-six-hour period preceding the
death;
(4) In any unusual or suspicious manner;
(5) Any injury or illness while in the custody of the law or while an
inmate in a public institution;
the police, sheriff, law enforcement officer or official, or any person having
knowledge of such a death shall immediately notify the coroner of the known
facts concerning the time, place, manner and circumstances of the death.
Immediately upon receipt of notification, the coroner or deputy coroner shall
take charge of the dead body and fully investigate the essential facts
concerning the medical causes of death, including whether by the act of man,
and the manner of death. The coroner or deputy coroner may take the names and
addresses of witnesses to the death and shall file this information in the
coroner's office. The coroner or deputy coroner shall take possession of all
property of value found on the body, making exact inventory of such property
on the report and shall direct the return of such property to the person
entitled to its custody or possession. The coroner or deputy coroner shall
take possession of any object or article which, in the coroner's* or the
deputy coroner's opinion, may be useful in establishing the cause of death,
and deliver it to the prosecuting attorney of the county.
2. When a death occurs outside a licensed health care facility, the first
licensed medical professional or law enforcement official learning of such
death shall immediately contact the county coroner. Immediately upon receipt
of such notification, the coroner or the coroner's deputy shall make the
determination if further investigation is necessary, based on information
provided by the individual contacting the coroner, and immediately advise
such individual of the coroner's intentions.
3. Upon taking charge of the dead body and before moving the body the
coroner shall notify the police department of any city in which the dead body
is found, or if the dead body is found in the unincorporated area of a county
governed by the provisions of sections 58.451 to 58.457, the coroner shall
notify the county sheriff or the highway patrol and cause the body to remain
unmoved until the police department, sheriff or the highway patrol has
inspected the body and the surrounding circumstances and carefully noted the
appearance, the condition and position of the body and recorded every fact and
circumstance tending to show the cause and manner of death, with the names
and addresses of all known witnesses, and shall subscribe the same and make
such record a part of the coroner's report.
4. In any case of sudden, violent or suspicious death after which the
body was buried without any investigation or autopsy, the coroner, upon being
advised of such facts, may at the coroner's own discretion request that the
prosecuting attorney apply for a court order requiring the body to be exhumed.
5. The coroner may certify the cause of death in any case where death
occurred without medical attendance or where an attending physician refuses
to sign a certificate of death or when a physician is unavailable to sign a
certificate of death.
6. When the cause of death is established by the coroner, the coroner
shall file a copy of the findings in the coroner's office within thirty days.
7. If on view of the dead body and after personal inquiry into the cause
and manner of death, the coroner determines that a further examination is
necessary in the public interest, the coroner on the coroner's own authority
may make or cause to be made an autopsy on the body. The coroner may on the
coroner's own authority employ the services of a pathologist, chemist, or
other expert to aid in the examination of the body or of substances supposed
to have caused or contributed to death, and if the pathologist, chemist, or
other expert is not already employed by the city or county for the discharge
of such services, the pathologist, chemist, or other expert shall, upon
written authorization of the coroner, be allowed reasonable compensation,
payable by the city or county, in the manner provided in section 58.530. The
coroner shall, at the time of the autopsy, record or cause to be recorded
each fact and circumstance tending to show the condition of the body and the
cause and manner of death.
8. If on view of the dead body and after personal inquiry into the cause
and manner of death, the coroner considers a further inquiry and examination
necessary in the public interest, the coroner shall make out the coroner's
warrant directed to the sheriff of the city or county requiring the sheriff
forthwith to summon six good and lawful citizens of the county to appear
before the coroner, at the time and place expressed in the warrant, and to
inquire how and by whom the deceased died.
9. (1) When a person is being transferred from one county to another
county for medical treatment and such person dies while being transferred, or
dies while being treated in the emergency room of the receiving facility the
place which the person is determined to be dead shall be considered the place
of death and the county coroner or medical examiner of the county from which
the person was originally being transferred shall be responsible for
determining the cause and manner of death for the Missouri certificate of
death.
(2) The coroner or medical examiner in the county in which the person is
determined to be dead may with authorization of the coroner or medical
examiner from the original transferring county, investigate and conduct
postmortem examinations at the expense of the coroner or medical examiner
from the original transferring county. The coroner or medical examiner from
the original transferring county shall be responsible for investigating the
circumstances of such and completing the Missouri certificate of death. The
certificate of death shall be filed in the county where the deceased was
pronounced dead.
(3) Such coroner or medical examiner of the county where a person is
determined to be dead shall immediately notify the coroner or medical
examiner of the county from which the person was originally being transferred
of the death of such person, and shall make available information and records
obtained for investigation of the death.
(4) If a person does not die while being transferred and is
institutionalized as a regularly admitted patient after such transfer and
subsequently dies while in such institution, the coroner or medical examiner
of the county in which the person is determined to be dead shall immediately
notify the coroner or medical examiner of the county from which such person
was originally transferred of the death of such person. In such cases, the
county in which the deceased was institutionalized shall be considered the
place of death. If the manner of death is by homicide, suicide, accident,
criminal abortion including those that are self-induced, child fatality, or
any unusual or suspicious manner, the investigation of the cause and manner
of death shall revert to the county of origin, and this coroner or medical
examiner shall be responsible for the Missouri certificate of death. The
certificate of death shall be filed in the county where the deceased was
pronounced dead.
10. There shall not be any statute of limitations or time limits on the
cause of death when death is the final result or determined to be caused by
homicide, suicide, accident, child fatality, criminal abortion including those
self-induced, or any unusual or suspicious manner. The place of death shall
be the place in which the person is determined to be dead. The final
investigation of death in determining the cause and matter of death shall
revert to the county of origin, and the coroner or medical examiner of such
county shall be responsible for the Missouri certificate of death. The
certificate of death shall be filed in the county where the deceased was
pronounced dead.
11. Except as provided in subsection 9 of this section, if a person dies
in one county and the body is subsequently transferred to another county, for
burial or other reasons, the county coroner or medical examiner where the
death occurred shall be responsible for the certificate of death and for
investigating the cause and manner of the death.
12. In performing the duties, the coroner or medical examiner shall
comply with sections 58.775 to 58.785 with respect to organ donation.
(L. 1957 p. 334 § 1, A.L. 1959 H.B. 396, A.L. 1969 p. 118, A.L. 1973
S.B. 122, A.L. 1983 H.B. 477, A.L. 1986 H.B. 1164, A.L. 1989 S.B.
389, A.L. 1990 H.B. 1416, A.L. 1996 H.B. 811, A.L. 2008 S.B.
1139)
*Word "coroner" appears in original rolls.
CROSS REFERENCES:
Autopsy, consent required, 194.115
Pituitary gland to be retained unless contrary indication by decedent
or next of kin, 58.770
1996
1996
58.451. 1. When any person, in any county in which a coroner is
required by section 58.010, dies and there is reasonable ground to believe
that such person died as a result of:
(1) Violence by homicide, suicide, or accident;
(2) Criminal abortions, including those self-induced;
(3) Some unforeseen sudden occurrence and the deceased had not been
attended by a physician during the thirty-six-hour period preceding the
death;
(4) In any unusual or suspicious manner;
(5) Any injury or illness while in the custody of the law or while an
inmate in a public institution; the police, sheriff, law enforcement
officer or official, or any person having knowledge of such a death shall
immediately notify the coroner of the known facts concerning the time,
place, manner and circumstances of the death. Immediately upon receipt of
notification, the coroner or his deputy shall take charge of the dead body
and fully investigate the essential facts concerning the medical causes of
death, including whether by the act of man, and the manner of death. He
may take the names and addresses of witnesses to the death and shall file
this information in his office. The coroner or his deputy shall take
possession of all property of value found on the body, making exact
inventory of such property on his report and shall direct the return of
such property to the person entitled to its custody or possession. The
coroner or his deputy shall take possession of any object or article which,
in his opinion, may be useful in establishing the cause of death, and
deliver it to the prosecuting attorney of the county.
2. When a death occurs outside a licensed health care facility, the
first licensed medical professional or law enforcement official learning of
such death shall contact the county coroner. Immediately upon receipt of
such notification, the coroner or the coroner's deputy shall make the
determination if further investigation is necessary, based on information
provided by the individual contacting the coroner, and immediately advise
such individual of the coroner's intentions.
3. Upon taking charge of the dead body and before moving the body the
coroner shall notify the police department of any city in which the dead
body is found, or if the dead body is found in the unincorporated area of a
county governed by the provisions of sections 58.451 to 58.457, the coroner
shall notify the county sheriff and the highway patrol and cause the body
to remain unmoved until the police department, sheriff or the highway
patrol has inspected the body and the surrounding circumstances and
carefully noted the appearance, the condition and position of the body and
recorded every fact and circumstance tending to show the cause and manner
of death, with the names and addresses of all known witnesses, and shall
subscribe the same and make such record a part of his report.
4. In any case of sudden, violent or suspicious death after which the
body was buried without any investigation or autopsy, the coroner, upon
being advised of such facts, may at his own discretion request that the
prosecuting attorney apply for a court order requiring the body to be
exhumed.
5. The coroner shall certify the cause of death in any case under his
charge when a physician is unavailable to sign a certificate of death.
6. When the cause of death is established by the coroner, he shall
file a copy of his findings in his office within thirty days.
7. If on view of the dead body and after personal inquiry into the
cause and manner of death, the coroner determines that a further
examination is necessary in the public interest, the coroner on his own
authority may make or cause to be made an autopsy on the body. The coroner
may on his own authority employ the services of a pathologist, chemist, or
other expert to aid in the examination of the body or of substances
supposed to have caused or contributed to death, and if the pathologist,
chemist, or other expert is not already employed by the city or county for
the discharge of such services, he shall, upon written authorization of the
coroner, be allowed reasonable compensation, payable by the city or county,
in the manner provided in section 58.530. The coroner shall, at the time
of the autopsy, record or cause to be recorded each fact and circumstance
tending to show the condition of the body and the cause and manner of
death.
8. If on view of the dead body and after personal inquiry into the
cause and manner of death, the coroner considers a further inquiry and
examination necessary in the public interest, he shall make out his warrant
directed to the sheriff of the city or county requiring him forthwith to
summon six good and lawful citizens of the county to appear before the
coroner, at the time and place expressed in the warrant, and to inquire how
and by whom the deceased came to his death.
9. When a person is being transferred from one county to another
county for medical treatment and such person dies while being transferred,
the county from which the person is first removed shall be considered the
place of death and the county coroner of the county from which the person
was being transferred shall be responsible for the certificate of death and
for investigating the cause and manner of the death. If the coroner or
medical examiner in the county in which the person died believes that
further investigation is warranted and a postmortem examination is needed,
such coroner or medical examiner shall have the right to further
investigate and perform the postmortem examination at the expense of such
coroner or medical examiner and shall be responsible for the certificate of
death and for investigating the cause and manner of the death. Such
coroner or medical examiner shall immediately notify the coroner or medical
examiner of the county from which the person was being transferred of the
death of such person and after an investigation is completed shall notify
such coroner or medical examiner of his findings. If a person does not die
while being transferred and is institutionalized after such transfer and
subsequently dies while in such institution, the coroner or medical
examiner of the county in which the person dies shall immediately notify
the coroner or medical examiner of the county from which such person was
transferred of the death of such person. In such cases, the county in
which the deceased was institutionalized shall be considered the place of
death.
10. Except as provided in subsection 9 of this section, if a person
dies in one county and his body is subsequently transferred to another
county, the county coroner or medical examiner where the death occurred
shall be responsible for the certificate of death and for investigating the
cause and manner of the death.
11. In performing his duties, the coroner or medical examiner shall
make reasonable efforts to accommodate organ donation.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.