Chapter 146

1955 REPLACEMENT PART

Coroners Inquest

JURY OF INQUEST 146210 Delivery of testimony and verdict to mag istrate or clerk 146010 Defined 146020 Number of jurors required to concur 146220 Duty of magistrate to issue warrant of arrest and to hold or discharge defend PROCEEDINGS ON DISCOVERY OF DEATH ant OR WOUNDING OF A HUMAN BEING 146230 Burial of deceased 146110 Duties of coroner when informed of death 146240 Expenses custodian of closed premises or wounding of a person autopsy inquest burial if deceased had 146115 Deaths to be reported by hospitals asy no money or property lums and institutions 146250 Money or property of deceased delivery 146120 Right to enter or close premises custodian thereof to qualified claimants after pay 146130 Ropingoff open area to preserve evidence ment of expense of burying and trans 146140 Removal of body effects or weapons with porting body out coroners consent prohibited 146150 Summoning jury of inquest 146260 Transfer to county and disposition of un 146160 Swearing of jurors claimed money or property of deceased after deduction of expenses 146170 Witnesses disobedience of coroners order 146270 Payment by treasurer to representatives or process of deceased 146180 Power of coroner over witnesses 146280 Deduction of expenses of county 146190 Form and contents of verdict 146200 Testimony to be reduced to writing ver PENALTIES dict to be delivered to coroner 146990 Penalties

CROSS REFERENCES

146115 146180 Registration of deaths 432305 Magistrates defined 46050 133030 Unclaimed human bodies disposition of 97170 146150 146240 Fees of jurors 10060 Board of county commissioners to exercise powers 146170 of county court in certain situations in Multno Woman officer presence of at interrogation of fe mah County 203210 male person in connection with sexual offense Estates of decedents liability for burial expenses 133770 133780 paid by county 411480

971 972 CORONERS INQUEST 146140

JURY OF INQUEST death and signs the death certificate Amended by 1955 c190 1 J 146010 Defined A jury of inquest is a body of six persons legally qualified to serve 146120 Right to enter or close prem as jurors summoned from the inhabitants ises custodian 1 For the purpose of de of a particular district before the sheriff termining the cause of the death of any per coroner or other ministerial officer to in son as provided in ORS 146110 the coroner quire of particular facts or his lawfully authorized deputy or both 146020 Number of jurors required to may enter any room dwelling building or concur The verdict of a jury of inquest is inclosure in which the body may be found sufficient if two thirds of the jurors concur or in which any of the circumstances sur therein rounding the killing wounding or suicide of such person may have transpired For the 146030 to 146100 Reserved for expan purpose of preserving evidence until an in sion quest has been held as to the killing wound ing or suicide of any human being a coroner PROCEEDINGS ON DISCOVERY OF may lock or close any room house dwelling DEATH OR WOUNDING OF A or inclosure and may appoint for a period HUMAN BEING not to exceed five days a custodian of such

146110 premises who shall have the authority of a Duties of coroner when in deputy sheriff and who shall take oath which formed of death or wounding of a person shall be administered by the coroner or his When the coroner is informed or ascertains lawfully authorized deputy as follows I do that a person has been killed or dangerously hereby solemnly swear that as to the prem wounded by another has suddenly died in ises over which I have been appointed cus such circumstances as to afford a reasonable todian and which are described as follows ground to suspect that his death was oc define premises I will preserve the same casioned by criminal means or has commit free from trespass and inviolate until re ted suicide the coroner shall immediately lieved by the coroner so help me God report the matter to the district attorney of his county cause the body of any such de 2 No such custodian shall negligently ceased person to be placed under strict or wilfully suffer a violation or trespass of the premises over which he is custodian guard free from the interference of any un authorized person until released by order of 146130 Ropingoff open area to pre the district attorney and if directed so to serve evidence 1 For the purpose of pro do by the district attorney order an autopsy tecting evidence as mentioned in ORS or an inquest to be made or held upon the 146120 if the killing or wounding of any body of such person or concerning his death human being has occurred in the open and or both For these purposes he shall secure not within any building tent or other prem expert services for making the autopsy or ises the coroner may forbid the entrance of holding the inquest any person except peace officers and district attorneys into any specified ropedoff or 146115 Deaths to be reported by hos defined area bearing any marks imprints or pitals asylums and institutions Every su other evidence of the manner of the killing perintendent manager physician nurse or wounding or suicide of the human being other person having the supervision of any public quasi public charitable or private in 2 No person shall violate or trespass upon any such designated area stitution the object of which is to care for the sick indigent mentally ill aged or help 146140 Removal of body effects or less shall report any death occurring within weapons without coroners consent prohibit the institution under their jurisdiction with ed No body of any person who has been in three hours after such death to the cor killed shall be removed from the place where oner except the natural death of a person death occurred without the permission of who has been hospitalized more than 24 the coroner having been first obtained No hours immediately prior to his or her death person shall remove any of the effects per in a licensed hospital other than a hospital sonal property instruments or weapons used operated by the state or any political sub in the killing wounding or suicide of any J division of the state and where a duly li other human being until permitted so to do censed physician determines the cause of by the coroner 973 146150 PROCEDURE IN CREMOINAL MATTERS GENERALLY

146150 Summoning jury of inquest 1 146200 Testimony to be reduced to When it becomes the duty of a coroner to writing verdict to be delivered to coroner r make the inquiry mentioned in ORS 146110 The testimony of the witnesses shall be re he shall go to the place where the dead or duced to writing by the coroner or under his wounded person is and forthwith summon a direction and the verdict of the jury deliv jury of inquest to appear before him forth ered to him with at a specified place to inquire into the cause of the death or wound 146210 Delivery of testimony and ver 2 If the office of coroner is vacant or dict to magistrate or clerk 1 If the jury if the coroner for any reason is unable to finds that a crime was committed in the act or is absent from the county any justice killing or the wounding the coroner shall of the peace of the county is authorized and forthwith deliver the testimony and verdict required to perform the duties hereby re to a magistrate of the county authorized to quired of the coroner issue a warrant of arrest on an information but if the jury does not so find he shall re 146160 Swearing of jurors When the turn the same to the clerk of the county six jurors appear they shall be sworn by the court coroner to 2 If however the defendant is arrest 1 Inquire into who the person was ed before the testimony and verdict are de when and where and by what means he came livered or returned as directed in subsection to his death or was wounded and what the 1 of this section the coroner shall deliver circumstances attending the death or wound the same to the magistrate before whom ing were and the defendant is brought 2 Give a true verdict thereon accord ing to the evidence offered to them or aris 146220 Duty of magistrate to issue ing from the inspection of the body warrant of arrest and to hold or discharge defendant In case the verdict and testimony 146170 Witnesses disobedience of cor are delivered before the arrest is made if oners order or process 1 The coroner the verdict of the jury also charges a per shall subpena and examine as witnesses son with the commission of the crime the every person who in his opinion has any magistrate to whom the same is delivered knowledge of the material facts shall forthwith issue a warrant for the ar 2 No person shall fail or refuse to rest of such person as on an information obey the orders or processes of any coroner and when the defendant is brought before or fail to assist in determining facts or ap him he shall proceed to examine the charge prehending persons found by inquest or contained in the verdict and hold the defend examination to be guilty of a crime concern ant to answer or discharge him therefrom ing the killing or wounding of a human in the same manner in all respects as upon a being Amended by 1955 c161 1 warrant of arrest

146180 Power of coroner over witnes 146230 Burial of deceased When a cor ses For the purpose of subpenaing witnes oner holds an inquest upon the body of a ses compelling them to attend and testify stranger or pauper and no friend or relative and punishing them for disobedience a appears to claim the body for burial it shall coroner is to be deemed a magistrate with be disposed of according to the provisions the power and authority in that respect of ORS 97170 to 97210 If the coroner re specified in ORS 139010 to 139130 tains possession of the body he shall cause it to be plainly and decently buried 146190 Form and contents of verdict When the examination is closed the jury 146240 Expenses custodian of closed shall give its verdict as provided in ORS premises autopsy inquest burial if de 146020 in writing and signed by its mem ceased had no money or property 1 The bers setting forth so far as it knows or has coroner shall return to the county court a good reason to believe who the person killed written statement verified by his own oath or wounded is when where and by what of the expense of any burial made by him means he came to his death or was wounded Except as provided in ORS 146250 this and whether any person and who is guilty account shall be audited and paid to the per of a crime thereby sons to whom the items thereof are due in 974 CORONERS INQUEST 146990

the same manner as ordinary claims against shall deliver the money remaining to the u the county county treasurer and if he fails so to do the 2 The coroner together with the dis treasurer shall proceed against him for its trict attorney shall approve and certify to recovery by a civil action in the name of the the correctness of all expenses incurred in county Any property other than money re conducting the autopsy or holding the in maining in his possession shall be delivered quest or both which expenses shall be paid by the coroner within such period to the by the county in the same manner as other county court or board of county commis bills against the county are paid sioners of the county 3 Any expense incurred in the cus 2 Upon the delivery of money to the todianship mentioned in ORS 146120 shall treasurer he shall place it to the credit of be paid by the county upon bills verified by the county Upon the delivery of property the coroner in the same manner as other other than money to the county court or board of of the bills against the county are paid county commissioners county if it is of any value the court or 146250 Money or property of deceased board shall order it to be sold as upon exe delivery thereof to qualified claimants after cution and after deducting the expenses of payment of expenses of burying and trans sale the proceeds thereof shall be delivered porting body 1 If money or other prop to the county treasurer and by him placed erty is found on the body or in the pos to the credit of the county Property which session of any deceased person the coroner in the judgment of the county court or shall make an inventory of it and take it board of county commissioners is of no value into his possession The inventory he shall shall be destroyed upon the order and under verify and return to the county court with the supervision of the board or court the account specified in ORS 146240 When Amended by 1953 c568 31 money or other property is found upon the body or in the possession of any deceased 146270 Payment by treasurer to repre person referred to in ORS 146230 the cor sentatives of deceased If the money in the oner shall make the inventory provided for treasury is claimed by the legal representa herein in the presence of two or more wit tives of the deceased within six years from nesses who shall attest the inventory there the date of the deposit thereof upon satis of and the coroner may pay the expenses of factory proof that the claimants are such burying and of transporting the body to an representatives the county court shall order amount not exceeding 125 and deduct such the money to be paid to the claimants expenses from the amount or value of the property taking a receipt from the under 146280 Deduction of expenses of coun taker or other person transporting or bury ty Before making the order provided for in ORS 146270 the county court shall deduct ing the body 2 When a legally qualified executor from the amount deposited in the treasury administrator surviving spouse or next of all the expenses incurred by the county in kin claims the body or property of the de relation to the matter and direct the remain ceased if the county has incurred no ex der if any to be paid penses in connection therewith the coroner 146290 to 146980 Reserved for expan may deliver the money and property of the sion deceased person to such legally qualified person Amended by 1953 c568 3 PENALTIES 146260 Transfer to county and dispo sition of unclaimed money or property of 146990 Penalties Violation of ORS deceased after deduction of expenses 1 146115 subsection 2 of 146120 subsec After the deductions mentioned in subsection tion 2 of 146130 ORS 146140 or subsection 1 of ORS 146250 have been made the 2 of 146170 is punishable upon conviction coroner within 30 days from the date of the by a fine not exceeding 500 or by imprison inquest if any is held or from the date of ment in the county jail for a period not ex death of such person if no inquest was held ceeding six months or both

975 PROCEDURE IN CRIMINAL MATTERS GENERAL

CERTIFICATE OF LEGISLATIVE COUNSEL Pursuant to ORS 173170 I Sam R Haley Legislative Counsel do hereby certify that I have E compared each section printed in this chapter with the original section in the enrolled bill and that the sections in this chapter are correct copies of the enrolled sections with the exception of the changes in form permitted by ORS 173160 and other changes specifically authorized by law Done at Salem Oregon Sam R Haley on October 15 1955 Legislative Counsel

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