Arizona Laws 11-597.02. Autopsy photographs, digital images, x-rays and video recordings; in camera review; exceptions; procedures; immunity
A. Notwithstanding Title 39, Chapter 1, photographs, digital images, x-rays and video recordings of human remains that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation that is conducted pursuant to this chapter may not be disclosed by a medical examiner, alternate medical examiner or their employees or agents unless a judge of the superior court grants disclosure of all or part of the materials after reviewing the materials in camera. The judge of the superior court shall balance the interests under the public records laws of this state to determine whether to order disclosure of all or part of the materials. A person that seeks disclosure of the materials described in this section may file a petition in the superior court of the county in which the death investigation occurred for an in camera review of the materials.
Terms Used In Arizona Laws 11-597.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Alternate medical examiner: means a physician who has training and competence in the principles of death investigation and who performs or directs the conduct of death investigations. See Arizona Laws 11-591
- Death investigation: means the investigation directed by a county medical examiner or alternate medical examiner into the circumstances surrounding a death occurring as prescribed in section 11-593. See Arizona Laws 11-591
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Medical examiner: means a forensic pathologist who performs or directs the conduct of death investigations. See Arizona Laws 11-591
- Nurse practitioner: means a person licensed and certified pursuant to Title 32, Chapter 15. See Arizona Laws 11-591
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Arizona Laws 11-487.01
- Physician: means a person licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 11-591
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 11-487.01
B. Notwithstanding the provisions of subsection A of this section, the following persons may examine and obtain the materials described in subsection A of this section:
1. The county attorney, attorney general or other law enforcement agency having jurisdiction, as necessary for the performance of their duties.
2. The surviving spouse, child, parent, legal guardian, grandparent, grandchild or sibling of the decedent or their legal representative or designated agent.
3. A personal representative of the decedent’s estate or a person designated by the decedent before death.
4. Federal, state or local governmental authorities, including public health officers, as necessary for the performance of their duties.
5. The attending physician or nurse practitioner.
6. A medical or scientific body or university or other educational institution for educational or research purposes, provided that the materials used do not reveal the decedent’s identity.
7. An attorney for a defendant or petitioner in any criminal or postconviction proceeding for purposes of assisting representation in that proceeding.
C. Nothing in this section shall affect the conduct of trials or the discovery process as provided by law or court rule.
D. The medical examiner or alternate medical examiner may prescribe procedures for the issuance of materials pursuant to subsection B of this section, including reproduction fees.
E. A cause of action may not arise against the county medical examiner, alternate medical examiner or their employees or agents, or the county for lawfully disclosing a death investigation photograph, digital image, x-ray or video recording pursuant to this section.