CaliforniaCounty officers: coroners: in-custody deaths.
What it does
Existing law specifies the officers of a county, including, but not limited to, the coroner. Existing law authorizes the board of supervisors of a county to consolidate the duties of various county offices in various combinations, including combining the duties of the sheriff and the coroner.
More detail
Existing law defines a "forensic autopsy" as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. In cases in which a forensic autopsy is performed, existing law requires the manner of death to be determined by the coroner or medical examiner of a county.
This bill would enact the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. The bill would, commencing January 1, 2027, in any county in which the offices of the sheriff and the coroner are combined, prohibit the sheriff-coroner from determining the circumstances, manner, and cause of death, as provided, for an in-custody death, as defined. The bill, instead, would require the sheriff-coroner to contract with one or more counties that have a coroner's office that operates independently from the office of the sheriff, or that have established an office of medical examiner, as specified, or with one or more private third-party medical examination providers that are separate and independent from the office of the sheriff-coroner and that meet certain physician qualification requirements, as specified, to determine the circumstances, manner, and cause of death. The bill would require the county board of supervisors to annually enter into a service agreement or service agreements with those medical examiners, independent coroner offices, or private third-party medical examination providers, or with any combination thereof. The bill would prohibit a private third-party medical examination provider that has entered into a service agreement from, during the term of the service agreement, being contracted by the county or the sheriff-coroner of that county to provide medical examination for any cases that do not involve in-custody deaths. The bill would define "in-custody death" for purposes of the bill to include, among other things, the death of a person who is detained, under arrest, or is in the process of being detained or arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail or state prison, or who is en route to be detained, or is detained, at a federal correctional facility or immigration detention facility, as provided.
This bill would except an independent medical examination performed pursuant to those provisions from the provisions described above that require, in the case of a forensic autopsy, the manner of death to be determined by the coroner or medical examiner of a county.
By imposing new duties on certain counties, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties, including charter counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 6Chaptered by Secretary of State - Chapter 389, Statutes of 2025.Latest
- Oct 6Approved by the Governor Gavin Newsom.Became Law
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 13Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 3468.).Major
- Vote recorded AB 1108 Hart Concurrence in Senate Amendments. Result: pass.Lower
- Sep 13Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
- Sep 12In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1108 Hart et al. By Limón. Result: pass.Upper
- Sep 12Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2985.).Passed Senate
- Sep 8Read second time. Ordered to third reading.Minor
- Sep 5Read third time and amended. Ordered to second reading.Major
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 5. Noes 2.) (August 29).Minor
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 17Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 16From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 16).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jul 9From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.Major
- Jul 2From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 1.) (July 1). Re-referred to Com. on L. GOV.Minor
- Jul 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Local Government]. Result: pass.Upper
- Jun 18Referred to Coms. on PUB. S. and L. GOV.Minor
- Jun 4In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1108 Hart Assembly Third Reading. Result: pass.Lower
- Jun 3Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 2013.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- May 23From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23).Major
- May 23Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
- May 14In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- May 1From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 30). Re-referred to Com. on APPR.Minor
- Apr 30
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 21Re-referred to Com. on L. GOV.Minor
- Apr 10Read second time and amended.Major
- Apr 9From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 8. Noes 0.) (April 8).Major
- Apr 8
- Vote recorded Do pass as amended and be re-referred to the Committee on [Local Government]. Result: pass.Lower
- Apr 1Re-referred to Com. on PUB. S.Minor
- Mar 28From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 10Referred to Coms. on PUB. S. and L. GOV.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced