§ 45-16-20. Short Title
This article shall be known and may be cited as the “Georgia Death Investigation Act.” History. Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 1; Ga. L. 1990, p. 1735, § 3.
§ 45-16-21. Definitions
As used in this article, the term: “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, […]
§ 45-16-22. Medical Examiners’ Inquiries — Facilities, Persons Authorized to Perform Inquiries, Payment of Fees, Jurisdiction, and Clerical and Secretarial Assistance
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. The county governing authority shall after […]
§ 45-16-23. Delegation of Power by Coroner or County Medical Examiner; Qualifications of Those Authorized to Perform Examinations
Notwithstanding any other provision of this chapter, any coroner or county medical examiner may delegate to a local medical examiner, forensic consultant, or medical examiner’s investigator the power to perform those duties of such coroner or medical examiner specified in this Code section if the person to whom such power is thus delegated meets the […]
§ 45-16-24. Notification of Suspicious or Unusual Deaths; Court Ordered Medical Examiner’s Inquiry; Written Report of Inquiry
When any individual dies in any county in this state: As a result of violence; By suicide or casualty; Suddenly when in apparent good health; In any suspicious or unusual manner, with particular attention to those individuals 16 years of age and under; After birth but before seven years of age if the death is […]
§ 45-16-25. Coroner’s or County Medical Examiner’s Duties After Notice of Suspicious or Unusual Death; Embalmment; Inventory and Disposition of Deceased’s Property; Use of Deceased’s Property for Evidence; Autopsy Required
Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the body. If a registered professional nurse, nurse practitioner, advanced practice registered nurse, or physician assistant authorized to make a pronouncement of death under Code Section 31-10-16 or a qualified physician is not available, […]
§ 45-16-25.1. Releasing Remains of Deceased to Next of Kin; Exception
A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time […]
§ 45-16-26. Assumption of Duties by Medical Examiner in Absence of Coroner or Deputy Coroner; Signing of Death Certificates
When there is no coroner or deputy coroner in a county in which the office of coroner has not been replaced by a county medical examiner or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical examiner shall assume the duties […]
§ 45-16-27. When Inquest to Be Held; Special Situations; Coroner’s Fee; Issuance of Subpoenas; Cost of Copying; Limited Disclosure of Photographs
Coroners shall require an inquest to be conducted in their respective counties as follows: When any individual dies under any circumstances specified in paragraphs (1) through (11) of subsection (a) of Code Section 45-16-24; provided, however, that an inquest shall not be required to be held, although the coroner shall be authorized to hold an […]
§ 45-16-27.1. Medical Examination of Unexpected or Unexplained Death of Person Under Seven Years of Age
Where a coroner or county medical examiner has been notified pursuant to paragraph (6) of subsection (a) of Code Section 45-16-24 of the death of any person after birth but before seven years of age whose death is unexpected or unexplained, the medical examiner’s inquiry required by Code Section 45-16-25 shall include an autopsy unless […]
§ 45-16-28. Performance of Autopsy When Not Required Under Code Section 45-16-24
In the case of death of any person under such circumstances as would not require a medical examiner’s inquiry under Code Section 45-16-24, any physician who is duly licensed under the laws of this state or any other state having licensing requirements equal to or greater than those imposed by this state shall be deemed […]
§ 45-16-29. Removal of Body Generally
No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner or medical examiner present at such investigation; or, if no such coroner or medical examiner is present, the peace officer shall authorize such […]
§ 45-16-30. Transport of Body Across State Line
No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner’s inquiry are complete and until the removal of the body is authorized by the coroner or medical examiner. Except when the conduct is a violation of Code Section 16-10-94, any person who […]
§ 45-16-31. Authorization of Removal of Body for Convenience of Examination; Investigation of Premises Before Removal
When the deceased body lies in a place inconvenient for holding a medical examiner’s inquiry, the medical examiner or coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue. If neither the coroner nor the medical examiner is immediately available, the peace officer may assume the […]
§ 45-16-32. 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 […]
§ 45-16-33. Coroner to Make Inquest Upon Completion of Examination and Verification
Upon the completion of the medical examiner’s inquiry by the medical examiner, as provided in Code Section 45-16-24, and after verification by the division when such verification is required, the coroner shall then make an inquest into the death of such deceased person as provided in Code Section 45-16-27. History. Ga. L. 1953, Jan.-Feb. Sess., […]
§ 45-16-34. Issuance of Subpoenas; Administration of Oath to Witnesses
The coroner shall issue subpoenas to or otherwise compel the attendance of witnesses; and he shall administer to such witnesses the following oath: “The evidence that you shall give this inquest on behalf of the state concerning the death of _______________ (or a person unknown, as the case may be) shall be the truth, the […]
§ 45-16-35. Coroner to Require Material Witnesses to Enter Into Recognizance; Petition for Issuance of Warrant for Arrest of Suspected Person
If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the […]
§ 45-16-36. Impaneling of Jury to Hold Inquest; Compensation of Jurors
The coroner shall summon and impanel five jurors and one alternate juror to hold an inquest, which jurors shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for the next succeeding year […]
§ 45-16-37. When Jury to Be Impaneled; Jury Not Required to View Body
No coroner’s jury shall be impaneled until the investigation is completed and copies of the reports of the medical examiner and the peace officer in charge are received by the coroner. The jury is not required to view the body. History. Ga. L. 1960, p. 1009, § 9; Ga. L. 1990, p. 1735, § 3.