Session 2000
Effective: July 1, 2000 SENATE BILL No. 224 An Act concerning district coroners; notification and investigation of deaths; amending K.S.A. 22a-230, 22a-231 and 22a-232 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

      Section.  1 K.S.A. 22a-230 is hereby amended to read as follows: 22a-
230. (a) The coroner may hold an inquest upon the dead bodies of such
persons whose deaths appear to have been caused by unlawful means
when the circumstances relating to such deaths are unknown. The inquest
shall be held in accordance with the provisions of this section. Except as
provided in subsection (b), upon being notified of any such death occur-
ring within the district, if an inquest is to be held, the coroner shall sum-
mon a jury of six residents of the county in which the death occurred, at
a time and place named, for the purpose of inquiring into the cause of
death. In any other case in which this act requires that the coroner be
notified, the coroner may also summon six citizens of the county to appear
at a time and place named.

      (b) When the coroner has been notified of any death as provided in
subsection (a), and the cause of such death occurred in a county other
than the county in which the death occurred, the coroner of the county
in which the cause of death occurred shall take the responsibility of sum-
moning a jury as provided in subsection (a) for the purpose of inquiring
into the death, if requested to do so by the coroner of the county in which
the death occurred.

      (c) If any juror fails to appear, the coroner shall summon the proper
number from bystanders immediately, and proceed to impanel them and
administer the following oath, in substance: "You do solemnly swear (or
affirm) that you will diligently inquire and true presentment make, when,
how and by what means the person whose body lies here dead came to
death, according to your knowledge, and evidence given you. So help you
God."

      (d) The coroner may issue subpoenas within the judicial district for
witnesses, returnable forthwith, or at such time and place as the coroner
shall therein direct. Witnesses shall be allowed the fees provided in K.S.A.
28-125 and amendments thereto. In cases of disobedience of the coro-
ner's subpoena, it shall be the duty of the judge of the district court, on
application of the coroner, to compel obedience to the coroner's sub-
poena by indirect proceedings for contempt as in cases of disobedience
of a subpoena issued from the district court.

      (e) An oath shall be administered to the witness, in substance as fol-
lows: "You do solemnly swear (or affirm) that the testimony which you
shall give to this inquest, concerning the death of the person here lying
dead, shall be the truth, the whole truth, and nothing but the truth. So
help you God."

      (f) The testimony shall be reduced to writing, under the coroner's
order, and subscribed by the witness.

      (g) The jurors, having inspected the body, if available, heard the tes-
timony, and made all needful inquiries, shall return to the coroner their
inquisition in writing, under their hands, in substance as follows, and
stating the matter in the following form suggested, as far as found:

State of Kansas, ________ County.

      An inquisition held at ________, in ________ county, on the ________ day
of ________, A.D., 19 year__, before me, ________ coroner of such county,
on the body of ________ (or, a person unknown), there lying dead; by the jurors whose
names are hereunto subscribed. The jurors, upon their oaths, do say (here state when, how,
by what person, means, weapon or accident the person died, and whether feloniously). In
testimony whereof, the jurors have hereunto subscribe, the day and year aforesaid. Which
shall be attested by the coroner.

      (h) If the inquisition finds a crime has been committed on the de-
ceased, and name the person the jury believes has committed the crime,
the inquest shall not be made public until after the arrest directed in the
next subsection.

      (i) If the person charged is present, the coroner may order the person
arrested by an officer or any other person, and shall then make a warrant
requiring the officer or other person to take the arrested person before
a judge of a court of competent jurisdiction.

      (j) If the person charged is not present, the coroner may issue a war-
rant to the sheriff of the county, directing the sheriff to arrest the person
and take the arrested person before a judge of a court of competent
jurisdiction.

      (k) The warrant of a coroner in the above case shall be of equal au-
thority with that of a judge of a court of competent jurisdiction. When
the person charged is brought before the court, the person charged shall
be dealt with as a person held under a complaint in the usual form.

      (l) The warrant of the coroner shall recite substantially the transaction
before the coroner, and the verdict of the jury of inquest leading to the
arrest. The warrant shall be a sufficient foundation for the proceeding of
the court instead of a complaint.

      (m) The coroner shall then return to the clerk of the district court
the inquisition, the written evidence and a list of the witnesses who tes-
tified to material matters.

      (n) The district coroner shall receive such compensation, in addition
to other compensation provided by law for the coroner, for holding an
inquest as specified by the county commissioners of a single-county ju-
dicial district or the county commissioners of the county with the largest
population in multiple-county judicial districts.

      Sec.  2. K.S.A. 22a-231 is hereby amended to read as follows: 22a-
231. When any person dies, or human body is found dead in the state,
and the death is suspected to have been the result of violence, caused by
unlawful means or by suicide, or by casualty, or suddenly when the de-
cedent was in apparent health, or when decedent was not regularly at-
tended by a licensed physician, or in any suspicious or unusual manner,
or when in police custody, or when in a jail or correctional institution, or
in any circumstances specified under K.S.A. 22a-242, and amendments
thereto, or when the determination of the cause of a death is held to be
in the public interest, the coroner or deputy coroner of the county in
which the cause of death occurred, if known, or if not known, the coroner
or deputy coroner of the county in which such dead body was found, shall
be notified by the physician in attendance, by any law enforcement offi-
cer, by the embalmer, by any person who is or may in the future be
required to notify the coroner or by any other person. The coroner in the
county of the cause of death shall decide if an investigation shall take
place. If an investigation is authorized by the coroner of the county of
cause of death, the coroner in the county of death shall undertake such
investigation, with costs to be accounted to and reimbursed by the county
of the cause of death. Investigation may include, but is not limited to,
obtaining medical and law enforcement background information, exami-
nation of the scene of the cause of death, inquest, autopsy, and other duties
required of the coroner. If the coroner of the county of the cause of death
requests an investigation, the coroner of the county of death shall be re-
sponsible for the investigation and the certification of death.

      Sec.  3. K.S.A. 22a-232 is hereby amended to read as follows: 22a-
232. (a) Upon receipt of notice pursuant to K.S.A. 22a-231, and amend-
ments thereto, the coroner shall take charge of the dead body, make
inquiries regarding the cause of death and reduce the findings to a report
in writing. Such report shall be filed with the clerk of the district court
of the county in which the cause of death occurred if known, or if not
known the report shall be filed with the clerk of the district court of the
county in which the death occurred dead body was found. If the coroner
determines that the dead body is not a body described by K.S.A. 22a-231,
and amendments thereto, the coroner shall immediately notify the state
historical society.

      (b) If in the opinion of the coroner information is present in the
coroner's report that might jeopardize a criminal investigation, the cor-
oner shall file the report with the clerk of the district court of such county
and designate such report as a criminal investigation record, pursuant to
subsection (a)(10) of K.S.A. 45-221, and amendments thereto.

      (c) If a death investigation involves multiple jurisdictions, the coroner
notified under K.S.A. 22a-231, and amendments thereto, may transfer
jurisdiction to another jurisdiction if the coroners of both jurisdictions
agree to the transfer.

 Sec.  4. K.S.A. 22a-230, 22a-231 and 22a-232 are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.