NC lawmakers again move to limit access to some death records
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Medical examiner records and autopsies tied to criminal investigations could be shielded from public access in North Carolina under a proposal advancing through the state legislature.
Why it matters: This marks at least the third time lawmakers have attempted to pass such a bill, with no clear indication of why the language is needed.
- Critics blocked previous attempts over concerns about accountability and transparency, particularly in cases in which someone died on law enforcement's watch.
Driving the news: The current legislation, proposed earlier this month, would limit public access to any "records, worksheets, reports, photographs, tests or analyses compiled, prepared, conducted" by a medical examiner if the death is under criminal investigation or if any criminal charges are associated with it.
- That language appears to include autopsies, which are public record in North Carolina. It's unclear whether the legislation would include records from death investigations by law enforcement, which become public when they're provided to the Office of the Chief Medical Examiner due to a loophole in state law.
- The bill's sponsor, state Rep. Sarah Stevens, a Republican, said the language was requested by the Conference of District Attorneys.
What they're saying: "No one yet has articulated the problem that these types of proposals are intended to fix or address. Nobody has said this killer went free because the autopsy report did this or that, or this rapist went free because the autopsy report revealed this or that," N.C. Press Association attorney Mike Tadych told Axios.
- The bill would create "yet another situation where resources have to be expended to unlock public records," he said.
Flashback: In 2020, state lawmakers approved legislation that would've closed that loophole.
- It was tucked into 17-page bill and passed in a late-night session just a month after Minneapolis police officer Derek Chauvin knelt on George Floyd's neck, killing him. Then-Gov. Roy Cooper ultimately vetoed it.
- A similar proposal, which was also requested by the North Carolina Conference of District Attorneys, according to NC Health News, resurfaced last year
- The bill would have prohibited family members of the deceased, in addition to the public, from obtaining autopsy records if there were an associated criminal investigation or charges, NC Health News reported.
- Lawmakers ultimately killed the proposal, but state Sen. Danny Britt, a Republican, warned in a June committee meeting that it could come back, per NC Health News.
Between the lines: The legislative liaison and general counsel for the state Conference of DAs did not respond to questions about the legislation, but organization officials said last year that restricting public access of autopsy records would mean that potential jurors didn't see information in them, therefore ensuring a fairer trial, per NC Health news.
Zoom in: This year's bill would permit the medical examiner to give a finalized copy of the autopsy report to a "a personal representative of the decedent's estate" and would allow them to release information or reports for public health.
- The legislation would also give the public the ability to petition a court for the release of criminal investigation records, similarly to the state's body camera footage law.
What's next: The legislation, which also would make revisions to other criminal laws, is still in its early stages, and its fate remains uncertain.