Laws Pertaining To
The Coroner
The County Code
(3rd to 8th class counties)
SECTION 405 OFFICES, RECORDS AND PAPERS TO BE KEPT AT COUNTY SEAT
SECTION 508 OFFICE
FURNITURE, STATIONERY, ETC
SECTION 1214
CHIEF DEPUTY CORONER TO ACT AS CORONER IN CASE OF A VACANCY
SECTION 1231 DEPUTIES
SECTION 1232 DUTIES WITH RESPECT TO COUNTY MORGUES
SECTION 1233 REMOVAL OF BODIES TO MORGUE
SECTION 1234 AMBULANCE
SECTION 1235 UNCLAIMED PROPERTY OF DECEASED; SALES
SECTION 1236 PRIVATE MORGUE MAY BE USED
SECTION 1236.1 REQUESTS FOR EXAMINATIONS AND REPORTS
SECTION 1237 CORONER'S INVESTIGATIONS
SECTION 1238 AUTOPSY; INQUEST; RECORDS
SECTION 1239 SUDDEN DEATHS DEFINED
SECTION 1240 BODIES NOT TO BE MOVED
SECTION 1241 RELEASE OF CORONER'S JURISDICTION
SECTION 1242 COOPERATION WITH DISTRICT ATTORNEY
SECTION 1243 JUSTICES OF THE PEACE NOT AFFECTED
SECTION 1243 JUSTICES OF THE PEACE NOT AFFECTED
SECTION 1245 POWER OF SUBPOENA AND ATTACHMENT
SECTION 1245.1 INQUESTS; JURIES
SECTION 1246 POWER TO ADMINISTER OATHS
SECTION 1247 COMMITMENT TO COUNTY PRISON
SECTION 1248 INQUESTS NOT PUBLIC
SECTION 1250 VACANCIES; NO FEES UPON COMMISSIONS
SECTION 1251 OFFICIAL RECORDS OF CORONER
SECTION 1245.1 INQUESTS; JURIES
SECTION 1252 SOLICITOR TO CORONER
SECTION 1253 ANATOMICAL GIFTS
SECTION 1260 NOT TO EXERCISE OFFICE UNTIL COMMISSION GRANTED
AND RECORDED; PENALTY
SECTION 9525.1 CORONERS' EDUCATION BOARD
SECTION 9525.2 CORONERS' COURSE OF INSTRUCTION
SECTION 9525.3. ELECTED CORONERS TO TAKE COURSE OF INSTRUCTION AND PASS EXAMINATION
SECTION 9525.4. CHIEF DEPUTIES AND FULL-TIME DEPUTIES TO TAKE COURSE OF INSTRUCTION.
SECTION 9525.5. CONTINUING EDUCATION
SECTION 9525.6 TUITION AND EXPENSES TO BE PAID BY COUNTY
(a) The commissioners, auditors, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts of quarter sessions and oyer and terminer, clerk of orphans' court, register of wills, recorder or deeds, and district attorney shall keep
their respective offices, and all public records and papers belonging thereto, at the county seat and in such buildings as may be erected or appropriated for such purpose. The county commissioners shall have the power to keep and maintain records and to contract with persons, for storage, retrieval, and undergo imprisonment until he complies with the provisions of this section, or until sooner discharged by order of the court, and to pay a fine not exceeding five hundred dollars ($500), to be paid
to the use of the county.
(a) The county commissioners, at the cost of the county, shall purchase and provide the office furniture, equipment and supplies, blank books, blanks, dockets, books for records, stationery, postage, fuel, light and janitor and telephone service, required for each of the county officers whose offices are located in the county buildings or at such other places at the county seat as may be designated by the commissioners, and all supplies used by the public in connection with such offices.
(b) The county commissioners, at the cost of the county shall purchase and provide all of the same items as needed for each of the county officers whose offices are not required by law to be kept and maintained in county buildings or at the county seat.
(c) Before purchasing office furniture, equipment or supplies, blank books, blank dockets, books for records or stationery, the county officers who are to be furnished with any of such items shall have an opportunity to state in writing his preferences as to the type and make of such articles or any of them. The commissioners shall, when feasible, purchase and supply to each officer his preference in such articles when such preference has been given.
If any coroner shall be legally removed from his office or shall die
or resign before the expiration of the term for which he was commissioned,
the chief deputy coroner shall execute the office of coroner and perform
all things thereunto appertaining and receive and retain for his own use
the compensation provided by law for coroners until another coroner is
commissioned and notice thereof is given to such chief deputy coroner.
As amended 1968, May 3, P.L. 115, No. 59, Sec. 1
The coroner may appoint one or more deputies to act in his place
and stead, as he may deem proper and necessary. Such deputy or
deputies shall have the same powers as the coroner. As amended
1973, June 27, P.L. 72, No. 31, Sec. 1
The coroner of each county in which a county morgue is established,
shall make general rules and regulations for its government and
control, and shall appoint suitable persons for each morgue so
established to have charge of the same, and who shall be removable
at the pleasure of the coroner. The number of such persons and the
salary of each shall be fixed by the salary board. 1955, Aug. 9, P.L.
323, Sec. 1231
Whenever the body of any deceased person who is unidentified
or which body is unclaimed by proper persons has been found
within the county, it shall be removed to the county morgue or
to a private morgue serving in lieu thereof. The coroner shall,
if he deems it necessary, cause any such body to be properly
embalmed or prepared for preservation for such length of time
as he may think proper. Any such body shall be examined or
inspected only by such persons as the coroner authorizes in
writing, or who are admitted in his presence. No such body shall
be removed from any such morgue except upon the certificate of
the coroner. 1955, Aug. 9, P.L. 323, Sec. 1233
In each county, the county commissioners may furnish and
maintain, from the general funds of the county, an ambulance
for the removal of bodies of deceased persons to and from
the morgue, and for the burial of unclaimed bodies. The
coroner may provide rules and regulations for the use and
maintenance of the ambulance. As amended 1990,
Nov. 29, P.L. 602, No. 152, Sec. 1
(a) The coroner shall safely keep in his charge all
personal effects and property which appear to have
been on or about the person at the time of his
death, or being found on any decedent whose body is
received at the county morgue or at any other morgue
serving in lieu thereof, and all such effects and
property which are delivered to him according to
law. The coroner shall hold such property for one
year, unless sooner claimed by legal representatives
of the deceased, or otherwise duly and lawfully
claimed or disposed of.(b) After one year, the coroner shall cause such
property remaining unclaimed, or so much thereof as
remains undisposed of according to law, except
moneys and such properties as securities which may
not be subject to such a sale, which shall be turned
over to the commissioners for proper disposition or
use, to be sold at public sale.(c) Notice of any such public sale shall be
published in at least one newspaper of general
circulation in the county once a week for three
successive weeks. The proceeds of all such sales
shall be paid immediately into the county treasury,
and the coroner shall make a written report thereof
to the county commissioners, under oath, at the same
time. If the body has been buried at the expense of
the institution district, the county shall pay the
proceeds of sale, or such property as was not
subject to sale, as hereinbefore provided, less
costs, over to the institution district. The
forgoing provisions shall be in lieu of escheat to
the Commonwealth.1955, Aug. 9, P.L. 323, Sec. 1235
In any county where a county morgue is not maintained,
the coroner may cause any body which he is authorized
to admit to a county morgue to be removed to a private
morgue within the county, and, for the use thereof, the
owner shall be paid a sum to be established by the salary
board, to be paid in the same manner as fees of coroner's
jurors are paid. 1955, Aug. 9, P.L. 323, Sec. 1236
(a) Requests for examination or other professional
service by other counties or persons may be complied
with at the discretion of the coroner pursuant to
guidelines established by the county commissioners.
(b) A set of fees and charges for such
examinations or professional services shall be established by the
coroner, subject to approval by the county
commissioners, and shall be accounted for and paid
to the county treasurer pursuant to section 1760.
Payment for examinations or professional services
shall be the responsibility of the county or person
requesting such services.
(c) The coroner may charge and collect a fee of up
to one hundred dollars ($100) for each autopsy
report, up to fifty dollars ($50) for each
toxicology report, up to fifty dollars ($50) for
each inquisition or coroner's report and such other
fees as may be established from time to time for
other reports and documents requested by
nongovernmental agencies. The fees collected shall
be accounted for and paid to the county treasurer
pursuant to section 1760 and shall be used to defray
the expenses involved in the county complying with
the provisions of the act of March 2, 1988 (P.L.
108, No. 22), referred to as the Coroners'
Education Board Law. 1990, Nov. 29, P.L. 602, No. 152, Sec.2
(a) The coroner
having a view of the body shall
investigate the facts and circumstances concerning
deaths which appear to have happened within the
county, regardless where the cause thereof may have
occurred, for the purpose of determining whether or
not an autopsy should be conducted or an inquest
thereof should be had, in the following cases:
(1) sudden deaths not caused by readily recognizable
disease,
or wherein the cause of death cannot be properly
certified by
a physician on the basis of prior (recent) medical
attendance;
(2)deaths occurring under suspicious circumstances,
including
those where alcohol, drugs or other toxic substances
may have
had a direct bearing on the outcome;
(3)deaths occurring as a result of violence or
trauma, whether apparently homicidal, suicidal or
accidental (including, but not limited to, those due
to mechanical, thermal, chemical, electrical or
radiational injury, drowning, cave-ins and
subsidences);
(4)any death in which trauma, chemical injury,
drug overdose or reaction to drugs or medication or
medical treatment was a primary or secondary, direct
or indirect, contributory, aggravating or
precipitating cause
of death;
(5)operative and peri-operative deaths in which
the death is not readily explainable on the basis of
prior disease;
(6)any death wherein the body is unidentified or
unclaimed;
(7)deaths known or suspected as due to contagious
disease and constituting a public hazard;
(8)deaths occurring in prison or a penal
institution or while in the custody of the police;
(9)deaths of persons whose bodies are to be
cremated, buried at sea or otherwise disposed of so
as to be thereafter unavailable for examination;
(10)sudden infant death syndrome; and
(11)stillbirths.
(b) The purpose of the investigation shall be to
determine the cause of any such death and to
determine whether or not there is sufficient reason
for the coroner to believe that any such death may
have resulted from criminal acts or criminal neglect
of persons other than the deceased.
(c) As part of this investigation, the coroner shall determine
the identity of the deceased and notify the next of kin of the
deceased. As amended 1990, Nov. 29, P.L. 602, No. 152, Sec. 3
(a) If, upon
investigation, the coroner shall be unable to
determine the cause and manner of death, he shall perform
or order an autopsy on the body.
(b) If the coroner is unable to determine the cause
and manner of death following the autopsy, he may
conduct an inquest upon a view of the body, as
provided by law. At the inquest, the coroner's duty
shall be to ascertain the cause of death, to
determine whether any person other than the deceased
was criminally responsible therefore by act or
neglect, and if so, the identity of the person, and
to examine any further evidence and witnesses
regarding the cause of death.
(c) The proceedings at the inquest shall be
recorded, at the expense of the county, in a
manner to be provided by the county
commissioners.
As amended 1990, Nov. 29,P.L. 602, No. 152, Sec. 3
The coroner shall regard any death as sudden if it occurs
without prior medical attendance by a person who may lawfully
execute a certificate of death in this Commonwealth, or if,
within twenty four hours of death, the decedent was discharged
from such medical attendance or a change of such medical
attendance had occurred, or if any such medical attendance
began within twenty-four hours of death and the medical
attendant refuses or is unable to certify the cause of death.
Medical attendance includes hospitalization. The provisions
of this section shall not be construed to affect the coroner's
discretion as to whether or not any death was suspicious, nor
shall they be construed to authorize a coroner to investigate
a sudden death any further than necessary to determine the
cause and manner of death.
As amended 1990, Nov. 29, P.L. 602, No. 152, Sec. 3
SECTION 1240 BODIES NOT TO BE MOVED
In all cases
where the coroner has jurisdiction to investigate the
facts and circumstances of death, the body and its surroundings
shall be left untouched until the coroner has had a view thereof
or until he shall otherwise direct or authorize, except as may be
otherwise provided by law, or as circumstances may require.
Bodies upon a public thoroughfare or in other places may be
removed so much as is necessary for precaution against traffic
accidents or other serious consequences which might reasonably
be anticipated if they were left intact.
As amended 1990, Nov. 29, P.L. 602, No. 152, Sec. 3
Whenever the coroner assumed jurisdiction of a body pursuant to
the provisions of this subdivision or of any other law, the body shall
not be released or removed from his jurisdiction except upon his
direction and consent, in accordance with law.
1955, Aug. 9, P.L. 323, Sec. 1241
In the exercise of his duties as contained in this subdivision, the
coroner shall, so far as may be practicable, consult and advise
with the district attorney. The district attorney shall act as counsel
to the coroner in matters relating to inquests.
1955, Aug. 9, P.L. 323, Sec. 1242
The provisions of this subdivision shall not be construed to affect any
provisions of law requiring or authorizing justices of the peace in
certain cases to act in place of the coroner.
1955, Aug. 9, P.L. 323, Sec. 1243 Section 3(d) of Act 1978, April 28, P.L. 202,
No. 53, Provides that reference to justice of the peace shall refer to district justice
The coroner shall issue a certificate of cause of death in all cases referred
to him by the local registrar of vital statistics, pursuant to the provisions
of the act, approved June twenty-nine, one thousand nine hundred fifty-three
(Pamphlet Laws 304), known as the Vital Statistics Law of 1953", and in all
other cases of which he has jurisdiction, if no person duly authorized by the
said act certifies the cause of death. As amended 1961, May 9, P.L. 197, Sec. 1
The coroner shall have power to issue subpoenas to obtain the attendance of
any person whom it may be necessary to examine as a witness at any inquest,
and to compel attendance by attachment in like manner and to the same
extent as any court of common pleas of this Commonwealth may or can do in
cases pending before them, and also to compel in like manner the production
of all papers and other things relative to such inquest. Such subpoena and
attachment shall be served and executed by the sheriff or by the coroner
himself or his deputy, as the case may require.
As amended 1990, Nov. 29, P.L. 602, No. 152, Sec. 3
(a) The coroner may at his discretion summon a jury of six to be selected
from the jury panels of the court of common please.
(b) The function of such jury shall be to determine the manner of death and
whether any criminal act or neglect of persons known or unknown caused
such death. Such jury shall be paid as provided by law as if they were serving
the court of common pleas. 1990, Nov. 29, P.L. 602,No. 152, Sec. 4
The coroner shall have power to administer oaths and affirmations to all
persons brought or appearing before him, and any person swearing or
affirming falsely on such examination shall be guilty of perjury.
1955, Aug. 9, P.L. 323, Sec. 1246
If any person appearing before the coroner for examination shall refuse to
take oath or affirmation, or after having been sworn or affirmed shall refuse
to make answer to such questions as shall be put to him by the coroner
touching the matters of the inquest, such persons so refusing may be
committed by the coroner to the county jail by warrant, under his hand
and seal, directed to the sheriff or any constable of the county, setting
forth particularly the causes of such commitment, until he shall submit
to be sworn or affirmed or to make answers to such questions or be
otherwise legally discharged. 1955, Aug. 9, P.L. 323, Sec. 1247
The coroner may, in his discretion, admit or exclude members of the public
from any inquest or part thereof, and admit or exclude any person interested
or suspected from such inquest or any part thereof, but this provision shall
not apply to representatives of the press. No person excluded may appear
by attorney, but any person required to attend may have benefit of counsel
at such attendance. 1955, Aug. 9, P.L. 323, Sec. 1248
If any person elected to the office of coroner shall neglect or refuse, for the
space of two months next after such election, to assume the duties of said
office and to comply with the requirements of the acts of Assembly in such
cases, the office shall be vacant, and it shall be the duty of the Governor,
upon the notification of the recorder of deeds, to appoint and commission
some suitable person to fill such vacancy during the remainder of the term.
No fees shall hereafter be charged on commissions issued to the coroner.
1955, Aug. 9, P.L. 323, Sec. 1250
Every coroner, within thirty (30) days after the end of each year, shall
deposit all of his official records and papers for the preceding year in the
office of the prothonotary for the inspection of all persons interested therein.
1955, Aug. 9, P.L. 323, Sec. 1251
The coroner may appoint one person learned in the law, as his solicitor.
Said solicitor shall advise the coroner upon all legal matters that may be
submitted to him and shall conduct any litigation in connection with the
coroner's office when requested so to do by the coroner.
1955, Aug. 9, P.L. 323, Sec. 1252, added 1972, Dec. 6, P.L. 1421, No. 309, Sec. 1
The coroner may order the removal of parts of a decedent's
body for donation purposes in accordance with 20 Pa.C.S.
Ch. 86(relating to anatomical gifts). 1990, Nov. 29, P.L. 602, No. 152, Sec. 4
No person elected or appointed to the office of sheriff or coroner shall execute any of the duties of such office before a commission shall have been duly granted to him by the Governor and left for record, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of quarter sessions. Such person shall nevertheless be liable to any person injured by any acts done by him under color of such office. 1955, Aug. 9, No. 323, Sec. 1260
(a) Members. - There is hereby created, in the Office of Attorney General, a board to be known as the Coroners' Education Board, which shall consist of the Commissioner of the Pennsylvania State Police or his designee; the Attorney General or his designee; the Secretary of Health or his designee; and three persons, appointed by the Governor with the advice and consent of a majority of the members elected to the Senate, one of whom shall be a forensic pathologist licensed to practice in this Commonwealth and two of whom shall be elected coroners, one a physician coroner and the other a nonphysician coroner.
(b) Terms. - The terms of those members appointed by the Governor shall be for four years. Vacancies shall be filled for the unexpired term.
(c) Quorum. - The board shall elect a chairman, and a majority of the members shall constitute a quorum.
(d) Expenses. - No member of the board shall receive a salary, but those appointed by the Governor shall be entitled to actual expenses incurred in the performance of their duties. 1988, March 2, P.L. 108, No. 22, Sec. 1
(a) Course of instruction. - The board shall establish a course of instruction which shall be given to all coroners upon their first election to office after the effective date of this act.
(b) Contents of course. - The course of instruction shall consist of not less than 32 hours and shall be given between the date of each municipal election and December 31 of that year.
(c) Location of course. - The board shall determine the time and place or places of the course of instruction, but due consideration shall be given to the facilities at the State Police Academy.
(d) Deputies. - In addition to the course of instruction for elected coroners, the board shall establish a course of instruction for chief deputy and full-time deputy coroners, which shall be of such duration and given at such times and places as the board shall determine. The board shall determine whether elected coroners, chief deputy coroners and full-time deputy coroners who are licensed and certified as physicians in this Commonwealth shall be required to complete the course of instruction provided in Section 3.
(e) Personnel. - All State departments, agencies, boards and commissions shall cooperate in providing personnel, equipment and support to the courses of instruction.
(f) Examination. - In addition to preparing the courses of instruction, which shall include such subjects as crime-scene investigation, toxicology, forensic autopsies and the legal duties of the office of the coroner, the board shall prepare a written examination for the coroners and the deputies, to be given at the conclusion of each course of instruction.
(g) Tuition. - The board shall establish the tuition to be charged for the courses of instruction, which shall be as nearly equal to the cost of conducting the courses and the examination as possible. 1988, March 2, P.L. 108, No. 22, Sec. 2
(a) Successful examination. - After the effective date of this act, no person elected for the first time to the office of coroner in this Commonwealth shall be eligible to take the oath of office unless he has attended the course of instruction and successfully passed the examination given at the conclusion thereof unless, for just cause, the board postpones his attendance and examination. In the event the person so elected fails in either of these respects without being excused, there shall be deemed to be a vacancy in the office and it shall be filled in accordance with law. No person having served as coroner in Pennsylvania prior to the effective date of this act shall be required to attend instructions or pass this examination if reelected or appointed subsequent to the effective date of this act. This provision shall also apply to chief deputies and full-time deputies who have been appointed prior to the effective date of this act.
(b) successor coroners. - In the event of a vacancy in the office of coroner, either by death, resignation or failure to comply with the provisions of this section, the person appointed to fill the and, at the conclusion thereof, successfully pass a special examination offered by the board for coroners appointed to fill vacancies. Upon the failure of the vacancy shall attend the next course of instruction offered for deputies appointee to take this course of instruction or to pass this examination, a vacancy shall occur which shall be filled in accordance with law. In the event a person who is appointed to fill a vacancy has, prior to the appointment, taken the course for elected coroners and passed the examination or has taken the course of instruction for deputies and has passed the special examination, except as herein after provided, no course or examination shall be required. 1988, March 2, P.L. 108, No. 22, Sec. 3.
After the effective date of this act, a vacancy shall be deemed to exist in the office of a chief deputy or a full-time deputy coroner six months after appointment unless such person has completed the course of instruction provided for in section 2(d) or unless, for just cause, the board postpones his completion of the course. This section shall not apply to those chief deputies or full-time deputy coroners who are covered by section 3. 1988, March 2, P.L. 108, No. 22, Sec. 4.
(a) Credit hours. - Every year, every coroner, chief deputy coroner and full-time deputy coroner shall take continuing education of not less than eight credit hours.
(b) Contents. - The board shall determine what courses, seminars, lectures and meetings qualify for credit and the number of credits to be given to each. Such instruction may be given in conjunction with the annual convention of the Coroners Association of the Commonwealth of Pennsylvania.
(c) Proof. - Upon submission of proof of attendance, the board shall determine if the coroner or deputy has fulfilled the continuing educational requirements. If the board determines that the continuing educational requirements have not been fulfilled, it shall notify the Governor in the case of a coroner and the coroner in the case of a deputy, at which time a vacancy shall be deemed to exist. Any coroner or deputy aggrieved by a decision of the board shall have the right to appeal in accordance
with the provisions of Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure). 1988, March 2, P.L. 108, No. 22, Sec. 5.
The tuition established by the board shall be paid by the county from which the coroner was elected or the deputy appointed. In addition, upon successful completion of the instructions in sections 3 and 4, the county shall reimburse each coroner, chief deputy coroner, and full-time deputy coroner for actual expenses incurred. 1988, March 2, P.L. 108, No. 22, Sec. 5.