Daily bulletin [2024 : June 4]

Ш UNC Ц- SCHOOL OF GOVERNMEN' The Daily Bulletin: 2024-06-04 PUBLIC/HOUSE BILLS H 250 (2023-2024) ME IDS/DRIVING I’RIVILEGES/XYLAZINE CHANGES. (NEW) Filed Mar I 2023, AN ACT TO MAKE REVISIONS PERTAINING TO DEA TH INVESTIGA TIONS UNDER THE JURISDICTION OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER, TO MODIFY THE INDIGENT DEFENSE SERVICES COMMISSION, TO MODIFY THE CRITERIA FOR OBTAINING A LIMITED DRIVING PRIVILEGE, TO PRO VIDE THA ТА PERSON SUBJECT TO AN IGNITION INTERLOCK SYSTEM REQUIREMENT SHALL HA VE THE PERSON'S PERIOD OF COMPLIANCE WITH THE REQUIREMENT EXTENDED IF THE PERSON COM MI TS AN IGNITION INTERLOCK SYSTEM VIOLA TION D URING THE NINETY-DA Y PERIOD I M MEDIA TEL Y PRECEDING THE DA ТЕ THE PERSON'S INITIAL PERIOD OF COMPLIANCE IS TO END, AND TO CREA ТЕ THE OFFENSE OF DEATH BY DISTRIBUTION OF XYLAZJNE. Senate committee substitute to the 2nd edition replaces the bill in its entirety with the following. Amends GS 1 30A-385 (duties of medical examiners [ME’s] upon receipt of notice) as follows. Removes the general ME investigative provisions from GS 130A-385(a). including the statute’s authorization to an ME to seek an administrative search warrant in certain instances. Instead sets forth the ME’s investigative authority in three instances: • In all cases, the Chief ME or the county ME may (i) inspect the decedent's body, (ii) inspect and copy the medical records of the decedent whose death is under investigation, (iii) collect and inspect the decedent's body and personal possessions associated with the death, including clothing on the decedent's body, and (iv) collect tissue and blood samples, cultures, medical images, X rays, and other medical information obtained through the use of medical equipment. • In the case of a decedent whose death is not under criminal investigation, the Chief ME or the county ME conducting an investigation pursuant to Article 16, Postmortem Investigation and Disposition, is authorized to inspect all other physical evidence and documents that may be relevant to determining the cause and manner of death of the person whose death is under investigation, and the Chief ME or county ME may seek an administrative search warrant pursuant to GS 15-27.2 for the purpose of carrying out these duties. • In the case of a decedent whose death is under criminal investigation, prevents an administrative search warrant from being issued, and prevents the Chief ME or the county ME from inspecting other physical evidence or documents at the scene except as permitted by the investigating law enforcement agency. The district attorney (DA) or investigating law enforcement agency must inform the Chief ME. the county ME. or the autopsy center, as applicable, that the death is under criminal investigation. Specifies that nothing here prohibits the Chief ME or the county ME from being present during the execution of a search warrant by the investigating law enforcement agency. Requires that the facilities of autopsy centers and their staff sendees also be available to ME’s and dedicated pathologists in their investigations (currently, just central and district offices). Expands the entities who must provide a copy of its ME investigation file (defined) to a DA upon request to now include the Office of the Chief ME (OME), the local ME, and an autopsy center, as applicable. Specifies that the obligation is a continuing disclosure obligation. Requires the DA or investigating law enforcement agency to inform the disclosing entities if the death is no longer under investigation and the obligation terminates. Makes technical, clarifying, and organizational changes. Expands the continuing education requirements for county ME’s under GS 130A-382(b) to include requirements for compliance with their duties prescribed by GS 130A-385 and GS 130A-389. Allows a DA at least 72 weekday hours after pronouncement of death to request an autopsy under GS l30A-389(a)(3)(autopsy at request of DA upon probable cause that the decedent died because of certain controlled substances), so long as the DA or the investigating law enforcement agency provides notification within the first 24 hours after the pronouncement of death that such