Sec. 24. (a) Except as provided in subsection (b), if a coroner does not release a written report required under section 10 of this chapter or a full copy of an autopsy report required under section 18 of this chapter as required by law, the county executive, or in the case of a county containing a consolidated city, the city-county council, shall order the auditor to withhold the paycheck of the coroner until the coroner properly releases the written report or full autopsy report, unless the county executive or city-county council adopts a resolution finding that:
(1) the failure of the coroner or deputy coroner to release the written report or full autopsy report is the result of unusual circumstances;
(2) the coroner or deputy coroner is making reasonable progress, under the circumstances, toward completing and releasing the written report or full autopsy report; and
(3) in light of the unusual circumstances described in subdivision (1), withholding the paycheck of the coroner or deputy coroner would be unjust.
(b) A county auditor may not withhold the paycheck of a coroner if a coroner is legally prohibited from releasing a written report or from releasing a full autopsy report. However, a coroner is required to release a written report or full autopsy report as soon as possible after the legal prohibition on releasing the written report or full autopsy report ceases to exist.
(c) If the county executive or city-county council orders an auditor to withhold a paycheck under subsection (a) and a coroner properly releases the written report or full autopsy report, the county executive or city-county council shall order the auditor to release all of the coroner's paychecks that were withheld from the coroner.
As added by P.L.157-2007, SEC.8.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-14-1. Application of Chapter
36-2-14-1.5. Child Death Pathologist
36-2-14-2. Residence; Term of Office
36-2-14-3. Commission of Coroner
36-2-14-4. Duties as County Sheriff
36-2-14-5. Service of Warrant for Arrest of County Sheriff; Custody of Jail and Prisoners
36-2-14-5.5. Duties of Child Death Pathologist
36-2-14-7. Examination of Witnesses; Service of Physician; Payment
36-2-14-10. Coroner's Verdict and Report; Autopsy Records; Confidentiality
36-2-14-12.5. Coroner Requests to Hospitals for Blood or Tissue Samples
36-2-14-13. Immunity From Civil Liability; Autopsy
36-2-14-16. Counties Over 400,000 Population; Disposition of Unclaimed Bodies
36-2-14-20. Billing Counties for Costs of Autopsies
36-2-14-22. Providing Climate Controlled Environment
36-2-14-22.1. Coroner Requests to Hospitals for Blood or Tissue Samples
36-2-14-22.3. Training Courses for Coroners and Deputy Coroners
36-2-14-22.4. Organ and Tissue Procurement