Electronically scanned images of the published statutes.
4425 : INQUESTS OF THE DEAD 979.05
CHAPTER 979 INQUESTS OF THE DEAD
979 0 1 Inq ue sts 929 . 12 War ra nt for person ch a r ged 979 02 Ju ry t o be called, when 979 12 1 Autopsies. 97943 Officers' return , 979 13 Burial of body 97904 Hi s neg l ect ; n o n a p p eara nce of juror 979, 14 Compensation o f officers ; witne ss fe es 9'19 . 0 5 Oth er ju ro r ; oath :. 979 . 15 •Inquests, 979 0 6 . Witnesses; ph ysic i a n 's f ees 979 16 Med i c al exam i ner , assi sta nts; sa l aries; fees; r eport 979 0 65 Counsel . 979 . 1 7 Offi ce a nd reco rd s 97907 Witness' oa th - 9 79 1 8 Medic a l ex a miner's bond - 9 7 9 0.£3; Evid ence to be wr itten ; sten ogra phe r 9 7 9 19 : " C r ema tion of corps e regul a t ed 979 09 . Verdi ct . 979 20, R ep orting deaths required; . pen a lty ;- t a ki ng 979 10 F or m of °''specimens by' cor on er or medica l exa mine r . 979 I P Witnesses to be bo und 97921, Fees for mo rgu e services'
979.01 Inquests . Whenever the district county to appear before him at the time and attorney has notice of the death of -any person place specified in the precept, which precept and from the circumstances surrounding the shall be in substance as follows : same there is any reason to believe that murder, THE STATE OF WISCONSIN , To the sheriff or any manslaughter, homicide resulting from neg- constable of' the county of ligent control : of' vicious animal; homicide by You are hereby required immediately to reckless conduct, homicide by negligent use of summon 6 good and lawful men~of" the county of vehicle or firearm, or homicide by intoxicated to appear forthwith before me at . , in the user ` of :.vehicle or firearm may have been town of .. ., to inquire how and by what means the :may have been due to committed ; or that death .cir- person known as came to his death . cumstances,self-murder or unexplained or suspicious Given under my hand this ' day , . ., 19 and the venue of such offense is in , ., Coroner. his county, excepting in cases where a criminal warrant .has 'been issued, he shall forthwith order .... Every officer to and :require the coroner or deputy coroner to 979.03 Officers'. return make an inquest as to how the person came to his whom such precept is: directed and delivered r death: In: any inquestordered by the district shall forthwith execute thee same and make attorneyhe shall appear in the inquest represent- return of the precept, with his proceedings ing the state in presenting the evidence ., For, the thereon, to the person who issued it . purpose of` faking the inquest, deputy coroners may perform all the duties and :exercise all the 979.04 His neglect ;, nonappearance of jurisdiction and powers confer red;upon coroners juror. If any officer shall refuse or neglect to by this chapter and shall be entitled to the same execute, such precept , or to return the same as fees as the coroner for the performance of like Aforesaid he, shall forfeit and pay the sum of '$5, duties - Nothing herein ` contained shall 'be and every person summoned as a juror as Construed as preventing such coroner from aforesaid, who shall fail to .appear.- without holding ' an inquest under,- the circumstances having a reasonable excuse, shall forfeit and pay hereinabove-specified without being first noti- a sum; not exceeding $5,. fied by the dstrictattorney to'hold such'ingtest . Such inquest may be held in any county, if within 929.05 Other jurors; oath: If :6 ';jwors shall this state, in which there would be venue for the not appear at
979.05 INQUESTS OF THE DEAD 4426
thereon according to your knowledge and such which they shall f ind and certify when, and in evidence as shall be laid before you what manner and by what means the deceased came to his death, and his name, if known ; and if' 979.06 Witnesses; physician's fees. The it shall appear that he came to his death by coroner ma,yy issue subpoenas for witnesses, unlawful means the jurors shall further state who returnable forthwith or at such time and place as was guilty, either as principal or accessory or he shall therein direct and the attendance of'the were in any manner the cause of his death, if persons so served with such subpoenas may be known . compelled in the manner provided in s. $85 .12; and it shall be lawful for the coroner taking such 979. 10 Form of. Such inquisition may be in inquest, in all such cases, to require by subpoena substance in the following form: the attendance of one or more expert witnesses, An inquisition taken at .. , in the county of .., competent physicianss or surgeons for- the on the ...._ day of 19 before .. . . , the purpose of making an examination of the body coroner' of said county ;- as to the cause of the and of'tesfifying as to the result of'the same . Such death of'the person known as . .. . . (or a person expert witnesses, physicians and surgeons so unknown), there dead, by the jurors whose subpoenaed shall receive fees as expert witnessess names are hereunto subscribed, who being duly the reasonable amount of which shall be sworn to inquire on behalf of'this state, when, in determined by the district attorney and the what manner and by what means the said ...... coroner but shall not be less than $5 for- each (or person unknown) came to his death, upon examination. their oaths do say (here insert when, in what manner and by what means, persons, weapons or 979.065 ; Counsel . Any witness examinedd at instruments he was killed or came to his death) an inquest may have counsel present at the In testimony whereof, the said coroner and the examination ..butt such counsel shall not be jurors of this inquest have hereunto set their allowed to examine his client,, cross-examine hands the day and year aforesaid . other witnesses or argue before the person holding the inquest . 979.11 Witnesses to be bound . If the coroner finds that any murder, manslaughter, 979.07 Witness' oath. An oath or affirma- homicide by reckless conduct or battery has been tion to the following effect shall be administered committed upon the deceased, the coroner shall to each witness by the coroner : You do solemnly bind over, by recognizance, such witnesses as he swear' that the evidence you shall give to this thinks necessary to appear and testify at the next inquest concerning the death of the person court to be held in the same countyy at which an known as`, :, . : shall be the truth, the whole indictment for such offense may be found or an truth, and nothing but the truth . information filed; and he shall also return to the same court the inquisition, written evidence and 979.08 Evidence to be wr itten; all recognizances and examinations by him stenographer. In all cases the testimony of all taken, and may commit .to the jail of the county witnesses examined before the inquest shall be any witness who refuses to recognize in such reduced to writing by the coroner, or some other manner as he directs,, person by his direction, and subscribed by the History: i97sc zas witnesses . Any officer' authorized to take inquests may employ a stenographer to take and 979.12: Warrant for person charged . Ifany transcribe the testimony of all witnesses examin- person charged by the inquest with having ed atany inquest held by him . Such stenographer committed any such offense shalll not be in shall receive reimbursement at a reasonable rate custody the coroner shall issue a warrant for his per folio for all the testimony taken and apprehension, and such warrant shall be made transcribed by him, plus additional reasonable returnable before any other magistrate or court reimbursement per folio for each copy thereof', having cognizance of the case, who shall proceed all in accordance with ,customary charges in the thereon in the manner that is required of' area; his account therefor, after, being audited by magistrates in like cases . the proper, ccounty board, shall be paid by the county treasuret . 979.121 Autopsies. The coroner may con- Nistor y:6973c 276 . duct an autopsy or order the conducting of an autopsy upon the body of'a dead person any place 99 .09 Verdict . The jury, after hearing the within thestate and disinter, tthe-body if necessary testimony of the witnesses and making all in cases wherera coroner-'s inquest might,be had needful inquiries, shall draw upanddeliver to thee as provided in s. 9'79 .0 notwithstanding that no - coroner their :inquisition under, (heir hands, in such ingpest is oz dei ed or had, Electronically scanned images of the published statutes. 4427 INQUESTS OF THE DEAD 979 .19
979.13 . Burial of body. When any coroner the proceedings in which and the names of the shall take an inquest as to the cause of death of a persons for whom rendered, and the fees charged stranger or', being called for that purpose, shall and received, and shall, at the end of' every 3 not think it necessary that an inquest should be months, render to the countyy board of such taken, he shall cause the body to be decently county and to the county treasurer an accurate buried or cremated; and the said coroner shall report or statement verified by his oath, of all certify to all the charges incurred in taking any feess and income collected by them or for them inquest by him and to the expenses of burial or during such 3 months; and at the same time they cremation of'such dead body ; and the same shall shall pay to the treasurer of such county all such be auditedd by thee county board of the proper fees and incomes of every kind, collected by county and paid out of'the county treasury . them, or which they were entitled by law to charge or receive, not theretofore paid to the 979.14 Compensation of officers; witness treasurer : fees. The sole compensation of the coroner and deputy coroners for taking inquest or making an 979.17 Officee and records . The county investigation to determine the necessity to take board of'such county shall provide for- the use of inquest shall be $16 for each day actually and the medicall examiner suitable off"icess at the necessarily required for, the purpose, and 10 county seat of the county, and the medical cents for- each mile actually and necessarily examiner- shall keep in his office proper books traveled in per forming such duty . Any coroner or containingg records of all inquests by him held, deputy corone11 a,y be paid an annual salary and setting forth the time and place of 'holding such allowance for traveling expenses to be estab- inquests and the names of the jurors serving lished by the county board pursuant to s . 59,15 thereon, together with a brief statement of the which shall be in lieu of all fees, per diem and proceedings thereof compensation for services rendered . The com- pensation of constables and witnesses at such 979. 18 . Medical examiner's bond . Before inquest shall be the same as is allowed for like entering upon the duties of his office the medical services in county court, and the compensation of examiner of such county shall deliver to the jurors shall be the same as that for jurors under s county clerk a bond, subscribed by 2 or more 255 .25: sufficient sureties, in such penal sum as the county board determines, conditioned, for the 979.15 Inquests . In each county whose faithful performance of all his official duties as inhabitants exceed in number 500,000 and all set forth in this chapter and that he will faithfully counties instituting a medical examiner system account : for and pay to the treasurer of' said all the duties mentioned in the foregoing sections county all moneys which may come to his hands of this chapter shall be performed by the medical belonging to said county, and which by virtue of examiner appointed pursuant to s 59 .34 (l ), this chapter he is, required to account f'or, and pay who is hereby invested with the exclusive asaforesaid . jurisdiction and power to take inquests therein, and in case of the inability of the medical . 979.19 Cremation of corpse regulated . examiner, to attend to such duties the medical (1) Thee body of a deceased person shall not be examiner : may deputize one of' his assistants to cremated within 48 hours after its decease unless conduct the inquest death was caused by a contagious or infectious H istory : .1973 c 272 disease,, and, if thedeath occurred within the state, the body shall not be received or cremated 979. 16 Medical examiner, assistants ; by, any person; firm, copartnership or corpora- salaries; fees; report. Such medical examiner, tion not authorized by the department of health and medical examiner's assistants authoHzed by and social services to cremate the bodies of the the county board shall be paidsemimonthly out dead' until its officers have received the of the"county treasury of' the proper, county, for certificate of burial permit required by law the'perf'orniance Of all their official duties and in before burial, and a certificate from the coroner lieu of all other compensation, salaries to be fixed of the county, where said person died, and if such by the county board . Such medical examiner, person died without the_ state, then from the and medical examiner's assistants, shall collect coroner of the county where said body is to be for all services which he or they perform (except cremated, that he has viewed the body and made in cases where such county is solely liable personal inquiry into the cause and manner of' therefor) all such fees as coronerss are by law death and is of the opinion that no further entitled to receive, : and shall keep accurate books examination or judicial inquiry concerning the of account in which shall be entered from day to same is necessary . The heirs or next of kin shall day, the items of services rendered, the titles of agreee with the funeral director, as to the final Electronically scanned images of the published statutes. 979.19 INQUESTS OF THE DEAD 4428
disposition of the cremated remains before such any person who has died under any of the burial permit is issued . The method of such following circumstances, shall immediately disposition shall be noted on the death certificate report such death to the sherif 'f,' police chief, and no change in the disposition of such remains medical examiner or coroner of the county shall be permitted. Such disposition shall be wherein such death took place, and the sheriff or consummated within 60 days from time of'such police chief shall, immediately upon notification, notation on the death certificate. The cremated notify the coroner or the medical examiner and remains or ashes shall not be deposited in the the coroner or medical examiner of the county cemetery without due notification and permis- where death took place, if the crime, injury or sion of'the cemeter,yauthorities .. event occurred in another county, shall report (2) It shall be the duty of' the respective such death immediately to the coroner , of coroners of'this state, in any case where the body medical examiner of' that county: is to be cremated, to make a careful personal (a) All deaths in which there are unexplained , inquiry into the cause and manner of death, and unusual or suspicious circumstances, conduct an autopsy or, order- the conducting of'an (b) All homicides . . autopsy, if in their' opinion it is necessary to (c) All suicides . determine the cause and manner of death, and (d) All deaths following an abortion . thereupon certify that no further examination or (e) All deaths due to poisoning, whether judicial inquiry concerning the same is homicidal, suicidal or accidental . necessary, if so satisfied, otherwise, or in the (f) All deaths following accidents, whether event of doubt to proceed as otherwise provided theinjury is or is not the primary cause of death .. bylaw. (g) When there was no physician, or (3) The coroner shall receive a fee of $10, to accredited practitioner of a bona fide religious be paidout of the county treasury, for each body denomination relying upon prayer or spiritual so viewed or' inquiry made, unless an annual means for healing in attendance days salary has been established by the county board within 30 preceding death .. pursuant to s .979 14. (4) Whoever shall accept, receive or take any (h) When " a physician refuses to sign the body of a deceased person with intent to destroy death certificate . the same by means of cremation, or who shall (2) Any person who shall violate this section cremate or aid and assist in the cremation of any shall be fined not less than $5, nor more than body of a deceased person without having $200, or imprisoned not less than 30 days nor presented such coroner's certificate heretofore more than'3 months. provided for shall be deemed guilty of a (3) In all cases of 'death reportable under sub . misdemeanor, and shall be fined not less than (1) where an autopsy is not performed, the $500 nor more than $1,000, or, be imprisoned not coroner or medical examiner may, take for less -than 6 months nor more than one year . analysis any and all specimens, body fluids and (5) All the powers and duties granted to or any other material which will assist him in imposed upon the coroner or his deputy in this determining the cause of death . The specimens, section are vested in the medical examiner body fluids and otherr material taken under this appointed under s. 59.34 (1), except that said subsection shall not be admissible in evidence in medical examiner' shall not be entitled to the fees any civil action against the deceased or his estate, provided by sub .. (3) . as the result of'any act of'the deceased . History: 197ic 164s 86;1973c 272 H'story : 1 973c 2'72 . Admission of a blood sample is not barred where the action is brought by the deceased's estate . Luedtke v Shedivy, 51 979.20 Reporting deaths required ; penal- W (2d) 110, 1. 86 N W (2d) 220 . ty; taking specimens by ,;coroner or medical examiner . (1) Alll physicians, 979.21 Fees for morgue services . In authorities of hospitals, sanatoriums, institu- counties having a population of 500,000 or , mmore, tions (public and private), convalescent homes, there shall be :a $2 per day fee for the retention of authorities of any institution of'a like nature, and a body at the morgue after the 3rd day, but such other persons having knowledge of'the death of charge shall not apply to indigents,