Section 27491.8 Of Article 2. Inquests From California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 10. >> Article 2.
27491.8
. (a) When the coroner seeks a confidential communication of
a deceased person that is privileged under Article 6 (commencing
with Section 990) or Article 7 (commencing with Section 1010) of
Chapter 4 of Division 8 of the Evidence Code, by means of a subpoena
or subpoena duces tecum, for the purpose of inquiry into, and
determination of, the circumstances, manner, and cause of death as
set forth in Section 27491, or for the sole purpose of being
introduced as evidence at a coroner's inquest proceeding, the coroner
shall provide notice to the decedent's personal representative
personally or at his or her last known address, not less than 15 days
prior to the date the records are to be delivered to the presiding
judge of the superior court. The notice shall inform the personal
representative that he or she may provide to the court a written
objection to the disclosure or to any part thereof, on or before the
date for delivery thereof to the court. The custodian shall deliver
the records to the presiding judge of the superior court in a
confidential manner. The presiding judge shall examine the records in
camera. If there is good cause, the presiding judge shall direct the
custodian to disclose to the coroner those portions of the records
which the judge determines are relevant to the coroner's inquiry or
inquest.
(b) A communication made available to the coroner pursuant to this
section is confidential, except insofar as it is introduced into
evidence at a coroner's inquest proceeding, and shall not be
distributed or made available to any other person, agency, firm, or
corporation.
(c) This communication shall not be admissible as former testimony
pursuant to Article 9 (commencing with Section 1290) of Chapter 2 of
Division 10 of the Evidence Code.
(d) After the investigation or inquest has terminated, the court
shall order the records thereof to be sealed as necessary to protect
the confidentiality of the decedent's medical or mental health
information.
(e) This section shall become operative on January 1, 2003.