HB 1253

ENROLLED
 2026 Regular Session
  ACT No. 727
 HOUSE BILL NO. 1253  (Substitute for House Bill No. 454 by Representative Butler)
 BY REPRESENTATIVES BUTLER, ADAMS, AMEDEE, BACALA, BAYHAM,
  BERAULT, BILLINGS, BOUDREAUX, BOYD, BOYER, BROUSSARD,
  CARRIER, ROBBY CARTER, WILFORD CARTER, CARVER, CHASSION,
  CHENEVERT, COATES, DEVILLIER, DEWITT, DICKERSON, DOMANGUE,
  EGAN, FISHER, FREIBERG, GEYMANN, GLORIOSO, GREEN, HEBERT,
  HILFERTY, HORTON, ILLG, JACKSON, JORDAN, KERNER, LACOMBE,
  LAFLEUR, JACOB LANDRY, TERRY LANDRY, LYONS, MARTINEZ,
  MILLER, MOORE, NEWELL, OWEN, SCHAMERHORN, SCHLEGEL, SPELL,
  ST. BLANC, TAYLOR, VILLIO, WALTERS, WILDER, WYBLE, AND YOUNG
  AND SENATORS BARROW, BASS, CLOUD, DUPLESSIS, EDMONDS,
  HENRY, JACKSON-ANDREWS, LUNEAU, MCMATH, MIGUEZ, AND
  PRESSLY
1AN ACT
2 To amend and reenact R.S. 44:19(E)(4), relative to the treatment of human remains; to
3provide for death investigation documentation requirements for human remains and
4internal organs; to provide for the content of autopsy reports in accounting for the
5treatment of human remains; to provide for an effective date; and to provide for
6related matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. R.S. 44:19(E)(4) is hereby amended and reenacted to read as follows:
9§19. Records of a coroner; autopsy photographs, video, and other visual images
10*       *  *
11E. Coroner death investigation documents shall include the following:
12*       *  *
13(4) A post-mortem forensic medical examination report, referred to as the
14"autopsy report", may include an external examination only, an external examination
15with toxicology, toxicology only, or an autopsy with supporting laboratory
16evaluation. The post-mortem forensic medical examination report is a document that
17is the work product of the coroner that contains the name of the decedent, address,
18date of birth, age, sex, and race of the decedent, date and time of death, place of
19death, date and time of autopsy, when applicable, name of the doctor performing the
20autopsy and names of all persons present at the autopsy, and information regarding
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 CODING: Words in struck through type are deletions from existing law; words underscored
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 HB NO. 1253  ENROLLED
1the autopsy, including whether the autopsy was requested or performed by operation
2of law, a listing of the physical findings of the autopsy, a summary in narrative form
3of the medical findings and conclusions, toxicology, histology, and radiology
4findings, when applicable, and the cause and manner of death. The post-mortem
5forensic medical examination report shall document any organs of the deceased
6retained pursuant to R.S. 13:5713(B)(4)(b). The post-mortem forensic medical
7examination report is not a public document except as provided in Paragraph (6) of
8this Subsection, or if ordered opened to the public by a court of competent
9jurisdiction. However, it shall be made available at no charge to the appropriate law
10enforcement agencies as requested and is subject to subpoena. The coroner shall
11provide one copy of this document upon request by the spouse, parent, sibling, child,
12grandchild, niece, nephew, aunt, or uncle of the decedent, or the next of kin pursuant
13to R.S. 8:655(A) and one copy of this document upon request by the decedent's
14physician. The provisions of this Paragraph shall not apply to the medical records
15of the decedent or any records generated by any public entity other than the coroner
16and those records shall be obtained from the entity generating them in accordance
17with other applicable provisions of law.
18*       *  *
19Section 2. This Act shall become effective on January 1, 2027.
20Section 3. This Act shall be known and may be cited as the "Gracey Claire Rushing
21 Act" in memory of a young child whose passing in 2009 highlighted the need for improved
22 safeguards in the treatment of decedents' remains.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.