Section 674. Manner of investigation  


Latest version.
  • 1. When a coroner or medical examiner
      is  informed  of  the  occurrence  of a death within his jurisdiction as
      defined in section six hundred seventy-three of this article,  he  shall
      go  at once to the place where the body is and take charge of it. If the
      coroner is not a physician duly licensed to practice  medicine  in  this
      state,  he  shall  at once notify and designate a coroner's physician to
      act with him. If no coroner's physician is available,  he  shall  employ
      and  designate a physician qualified to make postmortem examinations and
      dissections and to testify thereon, and the physician so employed  shall
      be  deemed  a  coroner's physician for the purpose of the investigation,
      and any statute referring to a coroner's physician shall  be  applicable
      to  him  so far as concerns that investigation. Such coroner's physician
      so notified or employed, and designated, shall  also  go  to  the  place
      where  the  body  is, and the coroner and such coroner's physician shall
      jointly take charge of the body. Notwithstanding any general, special or
      local law, the coroner, or  coroner  and  coroner's  physician,  or  the
      medical  examiner,  shall  have authority to the extent required for the
      investigation to remove and transport the body upon taking charge of it.
      Notwithstanding the foregoing, in a county with  a  population  of  less
      than  two  hundred  thousand,  a  coroner  who  is  not a physician duly
      licensed to practice medicine in this state may, with respect to  deaths
      specified  in  paragraph  (e)  of subdivision one of section six hundred
      seventy-three of this article, take charge of, remove and transport  the
      body,  without  first  notifying  and  designating a coroner's physician
      when, in  the  opinion  of  the  coroner,  it  would  be  impossible  or
      impractical  to at once notify and designate a coroner's physician to go
      to the place where the body is;  provided,  however,  that  the  coroner
      shall notify and designate a coroner's physician to act with him in such
      case  as soon as practicable, and in any event within twenty-four hours,
      after taking charge of the body.
        2. The coroner, or the coroner and coroner's physician, or the medical
      examiner, shall fully investigate the  essential  facts  concerning  the
      death, taking the names and addresses of as many witnesses thereto as it
      may  be  practicable  to  obtain,  and before leaving the premises shall
      reduce all such facts to writing. He or they shall  take  possession  of
      any  portable  object  which,  in his or their opinion, may be useful in
      establishing the cause or means of death.
        3. (a) In the course of the investigation, the coroner or coroner  and
      coroner's  physician, or the medical examiner, shall make or cause to be
      made such examinations, including an autopsy, as in his or their opinion
      are necessary to establish the cause of death, or to determine the means
      or manner of death, or to discover facts, the ascertainment of which  is
      requested  in writing by a district attorney, or a sheriff, or the chief
      of a police department of a city or county,  or  the  superintendent  of
      state  police;  provided,  that  if  the coroner is not a physician duly
      licensed to practice medicine in this state, the  determination  whether
      an autopsy or any subsequent examination or analysis of tissue or organs
      is  necessary  shall  be  made  by the coroner's physician, and any such
      autopsy, examination or  analysis  shall  be  made  by  him  or  at  his
      direction, and provided further that, if so provided by local law of the
      county,  written  concurrence  of  the  district  attorney or the county
      health officer or the sheriff, or written concurrence of all or  any  of
      them,  as  the  local  law  shall  specify,  shall  be  required for any
      determination by a coroner's physician under  this  subdivision  whether
      acting  as  such  physician or as deputy coroner pursuant to subdivision
      four-b of section four hundred of this chapter, or for any determination
      by the medical examiner, that an autopsy or any  subsequent  examination
      or  analysis of tissue or organs is necessary. The authority to make any
    
      examination as provided in this section includes  authority  to  remove,
      retain  and  transport  or send, for the purpose of the examination, any
      tissue or organs and any portable object.
        (b)  The  coroner  or  coroner and coroner's physician, or the medical
      examiner, also shall make or cause to be made,  quantitative  tests  for
      alcohol,  and  for  any  trace  of a controlled substance, as defined in
      section three thousand three hundred six of the public health law,  that
      the  coroner,  coroner's  physician  or  medical examiner has reasonable
      cause to believe is present, on the body of every operator  of  a  motor
      vehicle  or  a pedestrian sixteen years of age or older who was involved
      in and died as a result of a motor vehicle accident; provided,  however,
      such  tests  shall  not  be  made  pursuant  to  the  provisions of this
      paragraph if such coroner, coroner's physician or medical  examiner  has
      reason  to  believe  that  the decedent is of a religious faith which is
      opposed to such test on religious or moral grounds.
        4. A coroner, coroner's physician or medical examiner shall have power
      to subpoena and examine witnesses under oath in the  same  manner  as  a
      magistrate in holding a court of special sessions.
        5. The coroner, coroner's physician or medical examiner shall promptly
      perform  or  cause  to be performed an autopsy and to prepare an autopsy
      report which shall include a toxicological report and any report of  any
      examination  or  inquiry  with respect to any death occurring within his
      county to an inmate of a correctional facility as defined by subdivision
      three of section forty of the correction law, whether or not  the  death
      occurred inside such facility.