California SB 1071

Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law establishes the required contents of the death certificate, including, but not limited to, the decedent's name, sex, race, and the disease or conditions leading directly to death and antecedent causes, among other relevant identifying and medical information. When the facts are incorrectly stated in a certificate of death, including a typographical error, existing law authorizes a person to make an affidavit under oath stating the changes necessary to make the record correct. Existing law requires that specified information be filed with the state or local registrar, and if the amendments are accepted, the State Registrar is required to transmit copies of the amendment to the county recorder in whose offices the copies of the original record and information are on file. Existing law requires the amendment to be filed with and become a part of the record to which it pertains. This bill would authorize a family member of the deceased, when a judicial determination is made on the manner of a deceased person's death, to submit a written request to the State Registrar for a new death certificate reflecting the newly determined manner of death. This bill would require the request to be supported by a certified copy of the plea, verdict, statement of decision, or a judgment showing that the manner of death was determined by a finder of fact to be different than stated on the existing certificate. The bill would require the State Registrar to review the request and issue a new death certificate if specified conditions are met, including, but not limited to, that the request identifies the determination of manner of death in the certified court record. The bill would require the State Registrar to transmit copies of the new death certificate and the new certificate will supplant any previously issued certificate for the deceased person. The bill would require the local registrar to transmit any copies of the previously issued death certificate to the State Registrar if it is practical to do so and if it is not practical to do so, seal a cover over the copy, as specified. The bill would specify that a plea, verdict, statement of decision, or judgment reflects a judicial determination that the manner of death was homicide if it shows criminal responsibility or civil liability for the death of the deceased person. The bill would authorize a family member of the deceased to include additional certified court records with their request to permit the State Registrar to determine the manner of death. The bill would require a determination by the State Registrar to be based solely on the request and the submitted certified court documents. By imposing new duties on local registrars, this bill would impose a state-mandated program. 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.