Section 27498 Of Article 2. Inquests From California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 10. >> Article 2.
27498
. (a) The coroner may issue subpoenas for witnesses,
returnable forthwith or at such time and place as the coroner
appoints, which may be served by any competent person. The coroner
may also require any such witness to bring with him or her any books,
records, documents, or other things under the control of the witness
which, in the opinion of the coroner, are necessary to the conduct
of the inquest and as a further aid in determining the circumstances,
manner, and cause of death of the decedent. To enforce the
provisions of this section, the coroner may issue subpoenas duces
tecum in accordance with Section 1985 of the Code of Civil Procedure.
In case of failure of a witness to attend, and in the case of a
subpoena duces tecum, for the failure to produce the items set forth
therein, the coroner, or the coroner's authorized deputy, issuing the
subpoena upon proof of service thereof, and the failure of the
witness, may certify the facts to the superior court in the county
where the proceedings are held. The court shall thereupon issue an
order directing the person to appear before the court and show cause
why he or she should not be ordered to comply. The order and a copy
of the certified statement shall be served on the person. Thereafter
the court shall have jursidiction of the matter. The same proceedings
shall be had, the same penalties may be imposed and the person
charged may purge himself or herself of the contempt in the same way
as in the case of a person who has committed a contempt in the trial
of a civil action before a superior court. The items set forth on the
subpoena duces tecum shall not be made public unless an inquest is
held.
(b) Any books, records, documents, or other things under the
control of a law enforcement agency, subpoenaed pursuant to
subdivision (a), shall not themselves be made a part of the record in
any coroner's inquest without the written consent of the law
enforcement agency, when such inquest pertains to a death caused by a
police officer.