46-4-122. Human deaths requiring inquiry by coroner -- rulemaking. (1) The coroner shall inquire into and determine the cause and manner of death and all circumstances surrounding a human death:
(a) that was caused or is suspected to have been caused:
(i) in any degree by an injury, either recent or remote in origin;
(ii) by the deceased or any other person that was the result of an act or omission, including but not limited to:
(A) a criminal or suspected criminal act;
(B) a medically suspicious death, unusual death, or death of unknown circumstances, including any fetal death; or
(C) an accidental death; or
(iii) by an agent, disease, or medical condition that poses a threat to public health;
(b) whenever the death occurred:
(i) while the deceased was incarcerated in a prison or confined to a correctional or detention facility owned and operated by the state or a political subdivision of the state;
(ii) while the deceased was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or a peace officer;
(iii) during or as a result of the deceased's employment;
(iv) less than 24 hours after the deceased was admitted to a medical facility or if the deceased was dead upon arrival at a medical facility; or
(v) in a manner that was unattended or unwitnessed and the deceased was not attended by a physician at any time in the 30-day period prior to death;
(c) if the dead human body is to be cremated or shipped into the state and lacks proper medical certification or burial or transmit permits; or
(d) that occurred under suspicious circumstances.
(2) In the case of a fetal death inquiry, the department of justice shall adopt rules governing the respectful transportation to and delivery of the fetus to the location where the autopsy will be performed. The rules must require that a fetus be transported in a crush-proof container that is labeled with the words "fragile--human remains inside".
History: En. Sec. 4, Ch. 660, L. 1991; amd. Sec. 2, Ch. 287, L. 1993; amd. Sec. 6, Ch. 194, L. 2017; amd. Sec. 5, Ch. 123, L. 2021.
Structure Montana Code Annotated
Chapter 4. Investigative Procedures
Part 1. Investigation of Death -- Autopsy
46-4-101. Jurisdiction -- death and cause of death in different counties
46-4-103. Postmortem examination -- when conducted, scope
46-4-104. Liability of mortuary or physician
46-4-105. Medical examiner state special revenue account
46-4-106. through 46-4-109 reserved
46-4-111. Coroner's authority to seize and preserve evidence
46-4-112. Subpoenaing of witnesses and documents
46-4-113. Examinations and tests
46-4-114. Reporting fetal deaths
46-4-115. through 46-4-119 reserved
46-4-120. Notification of finding human remains
46-4-122. Human deaths requiring inquiry by coroner -- rulemaking