THE OFFICE OF THE CORONER

ASHLAND COUNTY, OHIO
DALE R. THOMAE, D.O., CORONER

VII. VARIOUS LAWS AND ATTORNEY GENERAL OPINIONS REGARDING THE OFFICE OF THE CORONER

The following selected sections of the Ohio Revised Code (ORC) are listed so that the reporting institution or individual may fully understand that providing information to the Office of the Coroner is merely to comply with the law and that failure to do so might place them in jeopardy or result in prosecution.

ORC 313.12 NOTIFICATION OF THE CORONER IN CASE OF DEATH BY VIOLENCE OR SUICIDE

When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, or when any person, including a child under two years of age dies suddenly when in apparent good health, or when any mentally retarded person or developmentally disabled person (MR/DD) dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance or EMS service, funeral director or law enforcement agency who obtains knowledge thereof arising from his duties, shall immediately notify the Office of the Coroner of the known facts concerning the time, place, manner and circumstances of such death, and any other information which is required pursuant to sections 313.01 to 313.22 of the ORC. (See Section III, page 5 of this booklet). In such cases, if request is made for cremation, the funeral director in attendance shall immediately notify the Coroner.

ORC 313.11 DISTURBANCE OF CERTAIN BODIES PROHIBITED

A. No person shall, without an order from the Coroner purposely remove or disturb the body of any person who had died in the manner described in Section 313.12 of the ORC, or purposely and without such an order disturb the clothing or any article upon or near such a body.

B. It is an affirmative defense to a charge under this section that the offender attempted in good faith to rescue or administer life-preserving assistance to the deceased person, even though it is established he was dead at the time of the attempted rescue or assistance.

C. Whomsoever violates this section is guilty of unlawfully disturbing a body, a misdemeanor of the fourth degree.

OAG 73-123 CORONER JURISDICTION

Under 313.11 and 313.12, the Coroner does not have jurisdiction over the body of a deceased person unless the death has occurred "as a result of criminal or other violent means, or by casualty, or by suicide, or in any suspicious or unusual manner, or when any person, including a child under 2 years of age, dies suddenly when in apparent good health."

When none of the above circumstances are present, the coroner has jurisdiction only if the deceased is unknown, or those who are entitled to the body do not claim it.

OAG 39-727 CORONER AND DEATH CERTIFICATES

The coroner is not required to sign a death certificate where the death is not supposed to have been caused by unlawful or suspicious manner.

OAG 88-035 SECURE AND CONTROL OF SCENE

ORC 313.11-313.12 gives the coroner control over the areas "near the body" at the scene of an unexplained death. The extent of such area and the duration of control are within the coroner's discretion. ORC 313.11 requires that everyone, including law enforcement officers receive permission from the coroner before removing or disturbing a body or evidence found on or near the body.

OAG 47-1723 HOSPITAL DEATH RESULTING FROM ACCIDENT

In case of death of any person in a hospital resulting from accident, it is the duty of the physician in charge and of any other person having knowledge of fact, immediately to notify the coroner of the death, and of the time, place, manner and circumstances thereof.

OAG 37-163 CORONER INFORMED

It is obligatory upon the coroner at the time of the original call and before viewing the body to be informed that the death is supposed to have been caused by unlawful or suspicious means.

OAG 88-035 CORONER'S INVESTIGATORS

The coroner's investigator(s) may perform any investigatory tasks not limited by statue to the authority of the coroner or deputy coroner.