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Wednesday, April 9, 2025
House: Emergency Management and Disaster Recovery -- UPDATED9:00 AM · 422 LOB STREAM
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Ref to the Com on Emergency Management and Disaster Recovery, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the HouseHouse2025-04-01Passed 1st ReadingHouse2025-04-01Filed
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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DEATH & DYING; DHHS; HEALTH SERVICES; MEDICAL EXAMINERS; PUBLIC; PUBLIC HEALTH; PUBLIC OFFICIALS; NAMED LAWS; CHIEF MEDICAL EXAMINER
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130A (Chapters); 130A-389 (Sections)
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No counties specifically cited.
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H614: The Michael Mitchke F.I.N.E. Law. Latest Version
Session: 2025 - 2026
AN ACT requiring the performance of an autopsy in any case related to a fire incident in which human remains are found.
The General Assembly of North Carolina enacts:
SECTION 1. This act shall be known as The Michael Mitchke F.I.N.E. Law.
SECTION 2. G.S. 130A‑389(a) reads as rewritten:
(a) The Chief Medical Examiner or a competent pathologist designated by the Chief Medical Examiner shall perform an autopsy or other study in each of the following cases:
(1) If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made.
(2) If an autopsy or other study is requested by the district attorney of the county or by any superior court judge.
(3) Notwithstanding subdivision (2) of this subsection, in any case in which the district attorney of the county asserts to the Chief Medical Examiner or the medical examiner of the county in which the body was located that there is probable cause to believe that a violation of G.S. 14‑18.4 has occurred, a complete autopsy shall be performed. The district attorney has at least 72 weekday hours after pronouncement of death by a person authorized under this Part to express the opinion that death has occurred to make the assertion required by this subdivision, provided that the district attorney or the investigating law enforcement agency provides notification within the first 24 hours after the pronouncement that such an assertion might be made. The district attorney may, but is not required to, assert to the Chief Medical Examiner the facts supporting probable cause to believe that a violation of G.S. 14‑18.4 has occurred.
(4) In any case related to a fire incident in which human remains are found.
A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the limitations of G.S. 130A‑389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request.
SECTION 3. This act becomes effective October 1, 2025, and applies to cases arising on or after that date.