USA Statutes : oregon
Title : TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY
Chapter : Chapter 146 Investigations of Deaths, Injuries and Missing Persons


(1) “Approved laboratory” means a laboratory approved by the State
Medical Examiner as competent to perform the blood sample analysis
required by ORS 146.113 (2).

(2) “Assistant district medical examiner” means a physician
appointed by the district medical examiner to investigate and certify
deaths within a county or district.

(3) “Cause of death” means the primary or basic disease process or
injury ending life.

(4) “Death requiring investigation” means the death of a person
occurring in any one of the circumstances set forth in ORS 146.090.

(5) “Deputy medical examiner” means a person appointed by the
district medical examiner to assist in the investigation of deaths within
a county.

(6) “District medical examiner” means a physician appointed by the
State Medical Examiner to investigate and certify deaths within a county
or district, including a Deputy State Medical Examiner.

(7) “Legal intervention” includes an execution pursuant to ORS
137.463, 137.467 and 137.473 and other legal use of force resulting in
death.

(8) “Manner of death” means the designation of the probable mode of
production of the cause of death, including natural, accidental,
suicidal, homicidal, legal intervention or undetermined.

(9) “Medical examiner” means a physician appointed as provided by
ORS 146.003 to 146.165 to investigate and certify the cause and manner of
deaths requiring investigation, including the State Medical Examiner.

(10) “Pathologist” means a physician holding a current license to
practice medicine and surgery and who is eligible for certification by
the American Board of Pathology. [1973 c.408 §1a; 1995 c.744 §17](1) There is hereby
established the State Medical Examiner Advisory Board.

(2) The advisory board shall make policies for the administration
of ORS 146.003 to 146.165 and the Department of State Police shall make
rules to effectuate such policies.

(3) The advisory board shall recommend the name or names of
pathologists to the Superintendent of State Police from which the
superintendent shall appoint the State Medical Examiner.

(4) The State Medical Examiner Advisory Board shall consist of 10
members appointed by the Governor and shall include:

(a) The Chairman of the Department of Anatomic Pathology at the
Oregon Health and Science University, who shall be the chairperson of the
board;

(b) The State Health Officer;

(c) A sheriff;

(d) A trauma physician recommended by the State Trauma Advisory
Board;

(e) A pathologist;

(f) A district attorney;

(g) A funeral service practitioner and embalmer licensed by the
State Mortuary and Cemetery Board;

(h) A chief of police;

(i) A member of the defense bar; and

(j) A member of the public at large.

(5) The persons described in subsection (4)(a) and (b) of this
section shall serve as long as they hold their respective positions. The
terms of the persons described in subsection (4)(c), (f) and (h) of this
section shall be for four years, except that they shall become vacant if
the person ceases to be a sheriff, district attorney or chief of police,
respectively. The terms of the other members of the board shall be four
years.

(6) A member of the advisory board is entitled to compensation and
expenses as provided in ORS 292.495.

(7) The advisory board shall meet annually at a time and place
determined by the chairperson. The chairperson or any four members of the
board may call a special meeting upon not less than one week’s notice to
the members of the board.

(8) Six members of the board shall constitute a quorum. [1973 c.408
§2; 1995 c.744 §9] In addition to the duties set forth in
ORS 146.015 the State Medical Examiner Advisory Board shall:

(1) Recommend to the Oregon Department of Administrative Services
the qualifications and compensation for the positions of State Medical
Examiner and Deputy State Medical Examiner.

(2) Recommend to the county courts the compensation of the district
medical examiners and assistant district medical examiners.

(3) Recommend to district medical examiners and district attorneys
the qualifications for deputy medical examiners.

(4) Approve or disapprove of a single district medical examiner’s
office for two or more counties as provided by ORS 146.065 (5).

(5) Recommend a proposed budget for the State Medical Examiner’s
office to the Department of State Police.

(6) Annually review the State Medical Examiner’s report prescribed
by ORS 146.055 and report to the Superintendent of State Police and to
the State Board of Health regarding the operation of the State Medical
Examiner’s office. [1973 c.408 §3; 1995 c.744 §10](1) There shall be established within the Department of
State Police the State Medical Examiner’s office for the purpose of
directing and supporting the state death investigation program.

(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner’s program.

(3) Subject to the State Personnel Relations Law, the State Medical
Examiner may employ or discharge other personnel of the State Medical
Examiner’s office.

(4) The State Medical Examiner’s office shall:

(a) File and maintain appropriate reports on all deaths requiring
investigation.

(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.

(c) Transmit monthly to the Department of Transportation a report
for the preceding calendar month of all information obtained under ORS
146.113.

(5) Any parent, spouse, child or personal representative of the
deceased, or any person who may be criminally or civilly liable for the
death, or their authorized representatives respectively, may examine and
obtain copies of any medical examiner’s report, autopsy report or
laboratory test report ordered by a medical examiner under ORS 146.117.
The system described in ORS 192.517 (1) shall have access to reports
described in this subsection as provided in ORS 192.517. [1973 c.408 §4;
1987 c.142 §1; 1995 c.504 §3; 1995 c.744 §8; 2003 c.14 §60; 2005 c.498 §1] (1) After consultation
with the State Medical Examiner Advisory Board, the State Medical
Examiner shall appoint each Deputy State Medical Examiner.

(2) The State Medical Examiner shall:

(a) Appoint and discharge each district medical examiner as
provided by ORS 146.065 (2).

(b) Designate those pathologists authorized to perform autopsies
under ORS 146.117 (2).

(c) Approve those laboratories authorized to perform the analyses
required under ORS 146.113 (2).

(3) The State Medical Examiner may:

(a) Assume control of a death investigation in cooperation with the
district attorney.

(b) Order an autopsy in a death requiring investigation.

(c) Certify the cause and manner of a death requiring investigation.

(d) Amend a previously completed death certificate on a death
requiring investigation.

(e) Order a body exhumed in a death requiring investigation.

(f) Designate a Deputy State Medical Examiner as Acting State
Medical Examiner.

(g) After a reasonable and thorough investigation, complete and
file a death certificate for a person whose body is not found.

(4) Distribution of moneys from the State Medical Examiner’s budget
for partial reimbursement of each county’s autopsy expenditures shall be
made subject to approval of the State Medical Examiner.

(5) Within 45 days of receipt of information that a person is
missing at sea and presumed dead, the State Medical Examiner shall
determine whether the information is credible and, if so, complete and
file a death certificate for the person presumed dead. If the information
is determined not to be credible, the State Medical Examiner may continue
the death investigation. [1973 c.408 §5; 2005 c.90 §1] (1) The State
Medical Examiner shall assist and advise district medical examiners in
the performance of their duties.

(2) The State Medical Examiner shall perform autopsies, if in the
judgment of the State Medical Examiner such autopsy is necessary in any
death requiring investigation, when requested by a medical examiner or
district attorney.

(3) The State Medical Examiner shall regularly conduct training
programs for the district medical examiners and law enforcement agencies.

(4) The State Medical Examiner shall submit an annual report to the
State Medical Examiner Advisory Board detailing the activities and
accomplishments of the state and each county office in the preceding year
as well as a cost analysis of the office of the State Medical Examiner.
[1973 c.408 §6](1) In each county there shall be a medical
examiner for the purpose of investigating and certifying the cause and
manner of deaths requiring investigation.

(2) Each district medical examiner shall be appointed by the State
Medical Examiner with approval of the appropriate board or boards of
commissioners and may be discharged by the State Medical Examiner without
such approval.

(3) If the position of district medical examiner is vacant, the
county health officer shall temporarily act as medical examiner in
cooperation with the State Medical Examiner until the vacancy is filled.

(4) If the positions of district medical examiner and county health
officer are both vacant, the district attorney shall temporarily act as
medical examiner in cooperation with the State Medical Examiner until the
vacancy is filled.

(5) Two or more counties, with the approval of the State Medical
Examiner Advisory Board and commissioners of each county, may form a
district medical examiner’s office instead of an office for each such
county.

(6) When a county or district has a population of 200,000 or more
persons, the State Medical Examiner may, with the approval of the State
Medical Examiner Advisory Board, appoint a Deputy State Medical Examiner
for that county or district.

(7) The compensation of the Deputy State Medical Examiner shall be
paid by the state from funds available for such purpose.

(8) The services of the Deputy State Medical Examiner may be
contracted by the Department of State Police. These contracts may be
terminated by either party at any time by written notice to the other
party to the agreement and, upon termination, the appointment of such
Deputy State Medical Examiner is terminated. [1973 c.408 §7; 1995 c.744
§11](1) The district medical examiner shall
serve as the administrator of the district medical examiner’s office.
Subject to applicable provisions of a county personnel policy or civil
service law, the district medical examiner may employ such other
personnel as the district medical examiner deems necessary to operate the
office.

(2) All expenses of equipping, maintaining and operating the
district medical examiner’s office, including the compensation of the
district medical examiner and assistant district medical examiners, shall
be paid by the county or counties of the district from funds budgeted for
such purpose.

(3) When a district medical examiner also serves as county health
officer, the county shall separately budget the compensation and expenses
to be paid for medical examiner’s duties.

(4) All expenses of death investigations shall be paid from county
funds budgeted for such purpose except that, in counties under 200,000
population upon the approval of the State Medical Examiner, one-half of
the costs of autopsies ordered under ORS 146.117 shall be paid annually
by the state from funds for such purpose. If funds available for this
payment are insufficient to meet one-half of these costs, even
proportional payments to the counties shall be made.

(5) Expenses of burial or other disposition of an unclaimed body
shall be paid by the county where the death occurs, as provided by ORS
146.100 (2), in the manner provided by ORS 146.121 (4).

(6) Each district office shall maintain copies of the:

(a) Reports of death investigation by the medical examiner;

(b) Autopsy reports;

(c) Laboratory analysis reports; and

(d) Inventories of money or property of the deceased taken into
custody during the investigation.

(7) Reports and inventories maintained by the district office shall
be available for inspection as provided by ORS 146.035 (5).

(8) Copies of reports of death investigations by medical examiners
and autopsy reports shall be forwarded to the State Medical Examiner’s
office.

(9) Each district office shall maintain current records of:

(a) All assistant district medical examiners appointed.

(b) Appointments of each deputy medical examiner appointed for the
county or district.

(c) The name, address and director of each licensed funeral home
located within the county or district.

(10) Each district office shall immediately in writing notify the
State Medical Examiner’s office of all appointments and resignations of
their medical examiners. [1973 c.408 §8; 1987 c.142 §2] (1) Each district
medical examiner may appoint one or more assistant district medical
examiners.

(2) The qualifications of an assistant district medical examiner
shall be prescribed by the State Medical Examiner Advisory Board.

(3) When delegated by the district medical examiner, an assistant
district medical examiner shall:

(a) Assist the district medical examiner in investigating and
certifying deaths.

(b) Have the authority and responsibility to investigate and
certify deaths requiring investigation. [1973 c.408 §10] (1) The district medical examiner
shall appoint, subject to the approval of the district attorney and
applicable civil service regulations, qualified deputy medical examiners,
including the sheriff or a deputy sheriff and a member of the Oregon
State Police for each county. Other peace officers may also be appointed
as deputy medical examiners.

(2) The district medical examiner and the district attorney shall
establish qualifications for deputy medical examiners.

(3) Each deputy medical examiner shall be individually appointed
and the name of the deputy medical examiner shall be on file in the
office of the district medical examiner.

(4) A deputy medical examiner shall investigate deaths subject to
the control and direction of the district medical examiner or the
district attorney.

(5) A deputy medical examiner may authorize the removal of the body
of a deceased person from the apparent place of death.

(6) The deputy medical examiner may not authorize embalming, order
a post-mortem examination or autopsy, or certify the cause and manner of
death. [1973 c.408 §11]A district medical examiner, deputy medical examiner, assistant
district medical examiner or designated pathologist is deemed to be an
officer or employee of a public body for purposes of ORS 30.260 to 30.300
while acting as a district medical examiner, deputy medical examiner,
assistant district medical examiner or designated pathologist. [1995
c.744 §13] (1) The medical examiner
shall investigate and certify the cause and manner of all human deaths:

(a) Apparently homicidal, suicidal or occurring under suspicious or
unknown circumstances;

(b) Resulting from the unlawful use of controlled substances or the
use or abuse of chemicals or toxic agents;

(c) Occurring while incarcerated in any jail, correction facility
or in police custody;

(d) Apparently accidental or following an injury;

(e) By disease, injury or toxic agent during or arising from
employment;

(f) While not under the care of a physician during the period
immediately previous to death;

(g) Related to disease which might constitute a threat to the
public health; or

(h) In which a human body apparently has been disposed of in an
offensive manner.

(2) As used in this section, “offensive manner” means a manner
offensive to the generally accepted standards of the community. [1973
c.408 §12; 1979 c.744 §4; 1985 c.207 §1] (1) The
district medical examiner and the district attorney for the county where
death occurs, as provided by ORS 146.100 (2), shall be responsible for
the investigation of all deaths requiring investigation.

(2) The medical examiner shall certify the manner and the cause of
all deaths which the medical examiner is required to investigate. The
certificate of death shall be filed as required by ORS 432.307.

(3) The medical examiner shall make a report of death investigation
to the State Medical Examiner as soon as possible after being notified of
a death requiring investigation.

(4) Within five days after notification of a death requiring
investigation, the medical examiner shall make a written report of the
investigation and file it in the district medical examiner’s office.

(5) The district medical examiner shall supervise the assistant
district medical examiners and deputy medical examiners in cooperation
with the district attorney.

(6) The district medical examiner shall regularly conduct
administrative training programs for the assistant district medical
examiners, deputy medical examiners and law enforcement agencies. [1973
c.408 §9](1) Death investigations shall be under the direction of
the district medical examiner and the district attorney for the county
where the death occurs.

(2) For purposes of ORS 146.003 to 146.165, if the county where
death occurs is unknown, the death shall be deemed to have occurred in
the county where the body is found, except that if in an emergency the
deceased is moved by conveyance to another county and is dead on arrival,
the death shall be deemed to have occurred in the county from which the
body was originally removed.

(3) The district medical examiner or a designated assistant medical
examiner for the county where death occurs shall be immediately notified
of:

(a) All deaths requiring investigation; and

(b) All deaths of persons admitted to a hospital or institution for
less than 24 hours, although the medical examiner need not investigate
nor certify such deaths.

(4) No person having knowledge of a death requiring investigation
shall intentionally or knowingly fail to make notification thereof as
required by subsection (3) of this section.

(5) The district medical examiner or deputy medical examiner shall
immediately notify the district attorney for the county where death
occurs of all deaths requiring investigation except for those specified
by ORS 146.090 (1)(d) to (g).

(6) All peace officers, physicians, embalmers, supervisors of penal
institutions and supervisors of hospitals or institutions caring for the
ill or helpless shall cooperate with the medical examiner by providing
requested medical records, tissue samples and other materials necessary
to conduct the death investigation and shall make notification of deaths
as required by subsection (3) of this section. [1973 c.408 §13; 1985
c.207 §22; 1995 c.744 §14](1) In a death requiring an investigation, no person shall move
a human body or body suspected of being human, or remove any of the
effects of the deceased or instruments or weapons related to the death
without the permission of a medical examiner, deputy medical examiner or
the district attorney.

(2) No person shall move or remove any of the items specified in
subsection (1) of this section if the medical examiner or district
attorney objects.

(3) A medical examiner, district attorney or deputy medical
examiner shall take custody of or exercise control over the body, the
effects of the deceased and any weapons, instruments, vehicles, buildings
or premises which the medical examiner, district attorney or deputy
medical examiner has reason to believe were involved in the death, in
order to preserve evidence relating to the cause and manner of death.

(4) In a death requiring investigation, no person shall undress,
embalm, cleanse the surface of the body or otherwise alter the appearance
or the state of the body without the permission of the medical examiner
or the district attorney. [1973 c.408 §14] (1) A
medical examiner, deputy medical examiner or district attorney may enter
any room, dwelling, building or other place in which the medical
examiner, deputy medical examiner or district attorney has reasonable
cause to believe that a body or evidence of the circumstances of death
requiring investigation may be found.

(2) If refused entry, the medical examiner, deputy medical examiner
or district attorney may apply to any judge authorized to issue search
warrants for an order to enter such premises, search for and seize a body
or any evidence of the cause or manner of death.

(3) Upon application supported by an affidavit setting forth facts
and circumstances tending to show that a body or such evidence of death
is in the place to be searched, the judge shall issue such order to enter
and search and seize.

(4) To preserve evidence, a medical examiner, deputy medical
examiner or district attorney may:

(a) Place under the custody or control of the medical examiner,
deputy medical examiner or district attorney, or enclose or lock any
room, dwelling, building or other enclosure for a period of not more than
five days.

(b) Rope off or otherwise restrict entry to any open area.

(c) Forbid the entrance of any unauthorized person into the area
specified under paragraphs (a) and (b) of this subsection.

(5) No person shall enter upon the enclosures or areas specified in
subsection (4) of this section without the permission of the medical
examiner, deputy medical examiner or district attorney. [1973 c.408 §15] (1) Upon identifying the body,
the medical examiner shall immediately attempt to locate the next of kin
or responsible friends to obtain the designation of a funeral home to
which the deceased is to be taken.

(2) If unable to promptly obtain a designation of funeral home from
the next of kin or responsible friends, the medical examiner or deputy
medical examiner shall designate the funeral home. In designating the
funeral home, the medical examiner or deputy medical examiner shall be
fair and equitable among the funeral homes listed in the office of the
district medical examiner. [1973 c.408 §16] (1) A medical
examiner or district attorney may, in any death requiring investigation,
order samples of blood or urine taken for laboratory analysis.

(2) When a death requiring an investigation as a result of a motor
vehicle accident occurs within five hours after the accident and the
deceased is over 13 years of age, a blood sample shall be taken and
forwarded to an approved laboratory for analysis. Such blood or urine
samples shall be analyzed for the presence and quantity of ethyl alcohol,
and if considered necessary by the State Medical Examiner, the presence
of controlled substances.

(3) Laboratory reports of the analysis shall be made a part of the
State Medical Examiner’s and district medical examiner’s files. [1973
c.408 §17; 1979 c.744 §5] (1) A medical examiner or district attorney may
order an autopsy performed in any death requiring investigation. This
authorization for an autopsy shall permit the pathologist to remove and
retain body tissues or organs from the deceased for the purpose of the
legal or medical determination of the manner or cause of death, or other
purposes approved under policies established by the State Medical
Examiner Advisory Board.

(2) If an autopsy is ordered, the medical examiner shall obtain the
services of a pathologist authorized under ORS 146.045 (2)(b).

(3) A pathologist may not receive compensation for performing the
autopsy if, as medical examiner, the pathologist ordered the autopsy.
[1973 c.408 §18; 1987 c.142 §4; 1995 c.744 §15] (1) No person shall
bury or otherwise dispose of the body of a person whose death required
investigation, without having first obtained a burial or cremation
permit, or a death certificate completed and signed by a medical examiner.

(2) When a medical examiner investigates the death of a person
whose body is not claimed by a friend or relative within five days of the
date of death, the sheriff or, in counties having a population of 400,000
or more, the medical examiner shall dispose of the body according to the
provisions of ORS 97.170 to 97.210.

(3) If the medical examiner is unable to dispose of the body of a
deceased person according to subsection (2) of this section, the medical
examiner may order in writing that the body be either cremated or plainly
and decently buried.

(4) The sheriff or medical examiner shall file a copy of the death
certificate, the order for disposition and a verified statement of the
expenses of the cremation or burial with the board of county
commissioners. The board of county commissioners shall pay such expenses,
or any proportion thereof as may be available, from county funds annually
budgeted for this purpose. [1973 c.408 §19; 1995 c.744 §16] (1) The medical examiner,
deputy medical examiner, district attorney or sheriff may temporarily
retain possession of any property found on the body or in the possession
of the deceased which in the opinion of the medical examiner, deputy
medical examiner, district attorney or sheriff may be useful in
establishing the cause or manner of death or may be used in further
proceedings.

(2) When a medical examiner, deputy medical examiner, district
attorney or sheriff assumes control or custody of money or personal
property found on the body or in the possession of the deceased, the
medical examiner, deputy medical examiner, district attorney or sheriff
shall:

(a) Make a verified inventory of such money or property.

(b) File the inventory in the district medical examiner’s office.

(c) Deposit the money with the county treasurer to the credit of
the county general fund.

(3) If personal property is not retained by the medical examiner,
deputy medical examiner, district attorney or sheriff, and is not claimed
within 30 days, the inventory shall be filed with the board of county
commissioners to be disposed of as follows:

(a) If the property has value, the board may order it sold and
after deducting the cost of sale, shall deposit the proceeds of the sale
with the county treasurer to the credit of the county general fund.

(b) If the property has no value in the judgment of the board, the
board may order the sheriff to destroy such property.

(4) Any expenses incurred by the county in transporting or
disposing of the body may be deducted from the money or proceeds of the
sale of personal property before it is delivered to a claimant.

(5) If it appears that the person whose death required
investigation died wholly intestate and without heirs, the county whose
official has control or custody of the property shall notify an estate
administrator of the Department of State Lands appointed under ORS
113.235 within 15 days after the death.

(6) If a legally qualified personal representative, spouse, or next
of kin:

(a) Claims the money of the deceased, the treasurer shall, subject
to the provisions of subsection (4) of this section, deliver such money
to the claimant.

(b) Within 30 days, claims the personal property of the deceased,
the property shall be delivered to such claimant subject to the
provisions of subsections (1) and (5) of this section.

(7) If money of the deceased is not claimed within seven years and
is presumed abandoned as provided by ORS 98.302 to 98.436 and 98.992, the
board of county commissioners shall order the money paid as required by
law. [1973 c.408 §20; 1977 c.582 §5; 2003 c.395 §19](Inquest) (1) The district attorney for
the county where the death occurs may order an inquest to obtain a jury
finding of the cause and manner of death in any case requiring
investigation.

(2) For the purpose of conducting an inquest, the district attorney
shall have the powers of a judicial officer as described by ORS 1.240 and
1.250.

(3) The district attorney shall advise the jury of inquest as to
its duties and instruct the jury on questions of law.

(4) The district attorney shall cause a record of the inquest
proceedings to be made which shall include the written order of inquest,
a record of the testimony of witnesses and the written verdict of the
jury.

(5) Within a reasonable time after the verdict is returned, the
record of inquest shall be filed in the district medical examiner’s
office for the county where the inquest was held.

(6) A copy of the order of inquest and verdict of the jury shall be
filed in the State Medical Examiner’s office.

(7) The record of inquest shall be available for inspection as
provided by ORS 146.035 (5). [1973 c.408 §21; 1987 c.142 §3] (1) The district attorney shall order the
inquest to be held at a specified time and place and as provided in ORS
10.810 and 10.820 shall summon a jury of inquest to inquire into the
cause and manner of death.

(2) Upon receipt of a copy of the order of inquest, the sheriff
shall select, as provided by law, not less than eight prospective members
of the jury of inquest.

(3) The sheriff shall obtain a summons for each prospective juror
selected and cause the summons to be served upon such juror.

(4) At the time and place of the inquest the sheriff shall report
to the district attorney the names of all prospective jurors summoned.

(5) A prospective juror may be excused by the district attorney if
the juror was related or closely associated with the deceased, was a
witness to the death or shows good cause that the juror may be biased.

(6) From among the prospective jurors not excused, six members of
the jury of inquest shall be drawn by lot. [1973 c.408 §22] (1) The six members of the jury of
inquest shall be sworn by the district attorney to:

(a) Inquire into who the deceased person was, when and where the
deceased person came to death, the cause of death and the manner of death.

(b) Give a true verdict thereof according to the evidence produced
during the inquest.

(2) The district attorney shall subpoena as a witness any person
who the district attorney believes has knowledge of facts relevant and
material to the inquiry. The jury of inquest may request but may not
require that other persons be subpoenaed.

(3) The district attorney shall examine each witness as to all
facts which the district attorney deems relevant and material to the
inquiry. After examination by the district attorney, the members of the
jury may inquire of the witness provided that their examination is
relevant and material.

(4) When the examination of witnesses is closed, the district
attorney shall advise the jury as to their duty under law, and as to
questions of law arising from the facts or posed by the jury.

(5) After having been advised of law, the jury shall retire to
deliberate and to arrive at its verdict.

(6) The verdict shall be delivered to the district attorney. [1973
c.408 §23](1) The jury shall give
its verdict in writing, signed by its members, setting forth its findings
from the evidence produced:

(a) Who the deceased person was;

(b) When and where the deceased person came to death;

(c) The cause of death; and

(d) The manner of death.

(2) The verdict of a jury of inquest shall not preclude nor require
a criminal charge by the grand jury or district attorney.

(3) The testimony of any witness before a jury of inquest shall not
be admissible evidence in any civil or criminal proceeding except:

(a) A criminal trial in which the witness is charged with perjury
or false swearing arising from the testimony given before the jury of
inquest.

(b) A civil or criminal trial in which the testimony before the
jury of inquest is offered as a prior inconsistent statement to impeach
the same witness.

(4) The verdict of a jury of inquest shall not be admitted into
evidence in any trial. [1973 c.408 §24]IDENTIFICATION OF DEAD AND MISSING PERSONS (1) The
Superintendent of State Police shall establish and maintain a file of
records relating to unidentified human remains found within the state and
of which the Oregon State Police are notified under ORS 146.515. The
records shall be maintained in order to facilitate the identification of
such remains.

(2) The Superintendent of State Police shall establish the file
described under subsection (1) of this section after consultation with
the State Medical Examiner to determine what areas of information
generally shall be requested, obtained and preserved in the file. General
areas of information determined under this section shall be for the
purpose of developing file format and standard forms for collecting data
to aid in identifying human remains. Information having potential value
in identifying human remains shall not be excluded from a file because it
does not fall within a general area of information determined under this
section or is not required by federal authorities.

(3) In addition to any other file it maintains, the Department of
State Police shall enter appropriate information relating to unidentified
human remains into any file maintained by federal authorities to
facilitate the identification of such remains. The department shall
conform file entries under this subsection to the format prescribed by
the authorities responsible for the federal file. [1983 c.390 §1]Note: 146.505 to 146.545 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 146 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.If a medical examiner is unable to determine the identity
of human remains, the medical examiner shall, not later than 30 days
after such remains are brought to the medical examiner’s attention,
notify and provide to the Superintendent of State Police or the
superintendent’s designee all information in the medical examiner’s
records concerning the remains. [1983 c.390 §2]Note: See note under 146.505. (1)
When a person is reported as missing to any city, county or state police
agency, the agency, within 12 hours thereafter, shall enter into state
and federal records maintained for that purpose, a report of the missing
person in a format and according to procedures established by the
authorities responsible respectively for the state and federal records.

(2) The police agency to which the report is made:

(a) Shall request from the person making the report information
likely to be useful in identifying the missing person or the human
remains of the missing person; and

(b) May request in writing from any dentist, denturist, physician,
optometrist or other medical practitioner possessing it such medical,
dental and other physically descriptive information as is likely to be
useful in identifying the missing person or the human remains of the
missing person.

(3) The police agency, upon obtaining information pursuant to
subsection (2) of this section, shall make a supplementary entry of that
information into the state and federal records described in subsection
(1) of this section. The supplementary report shall be in a format and
according to procedures established by the authorities responsible
respectively for the state and federal records. [1983 c.390 §3; 1989
c.1059 §3]Note: See note under 146.505.(1) A dentist, denturist, physician, optometrist or other
medical practitioner, upon receipt of a written request from a police
agency for identifying information pursuant to ORS 146.525, shall furnish
to the police agency such information known to the practitioner upon the
request forms provided by the police agency.

(2) Information obtained under this section is restricted to use
for the identification of missing persons or the identification of
unidentified human remains and shall not otherwise be available to the
public.

(3) Compliance with a written request for information under this
section by a dentist, denturist, physician, optometrist or other medical
practitioner does not constitute a breach of confidentiality. [1983 c.390
§4]Note: See note under 146.505.(1) If the Superintendent of State
Police is notified that a record of unidentified human remains filed by
the Department of State Police under ORS 146.505 corresponds with the
record of a person reported to be missing, the superintendent shall
immediately notify the medical examiner who reported the unidentified
human remains and the police agency that filed the missing person report
under ORS 146.525. If the medical examiner identifies the remains, the
superintendent shall be notified and the superintendent shall cancel the
report of unidentified human remains.

(2) When a person reported as missing under ORS 146.525 is found,
or when the remains of the person have been discovered and identified,
the police agency to which the person was reported missing shall cancel
the reports to state and federal authorities under ORS 146.525. The
agency shall destroy all information received under ORS 146.525 relating
to a missing person who is discovered to be living. In the case of a
missing person found to be no longer living, the agency shall seal the
information obtained under ORS 146.525, except as otherwise may be
necessary to investigate or prosecute a criminal action relating to the
person’s disappearance or death. [1983 c.390 §5]Note: See note under 146.505.INVESTIGATIONS OF INJURIES As used in ORS
146.710 to 146.780, “injury” means a physical injury caused by a knife,
gun, pistol or other deadly weapon. [1963 c.621 §1; 1965 c.472 §1; 1967
c.545 §1; 1971 c.451 §9] An investigation of an injury may be made by
a medical examiner whenever the injury occurred under suspicious or
unknown circumstances. All authority granted to the medical examiner by
ORS 146.003 to 146.165 and 146.710 to 146.992 may be exercised in making
such investigation. [1963 c.621 §2; 1965 c.221 §18; 1967 c.545 §§2,3;
1971 c.401 §7; 1971 c.451 §10; 1973 c.408 §26] Whenever the medical examiner
concludes that a crime may have been committed by any person in causing
the injury, the medical examiner shall report the conclusion to the
district attorney. [1963 c.621 §§5,6; 1965 c.221 §19; 1967 c.545 §§4,5;
1971 c.401 §8; 1971 c.451 §11; 1973 c.408 §27] (1) Except as
required in subsection (3) of this section, any physician, including any
intern and resident, having reasonable cause to suspect that a person
brought to the physician or coming before the physician for examination,
care or treatment has had injury, as defined in ORS 146.710, inflicted
upon the person other than by accidental means, shall report or cause
reports to be made in accordance with the provisions of subsection (2) of
this section.

(2) An oral report shall be made immediately by telephone or
otherwise, and followed as soon thereafter as possible by a report in
writing, to the appropriate medical examiner.

(3) When either an injury as defined in ORS 146.710 or abuse as
defined in ORS 419B.005 occurs to an unmarried person who is under 18
years of age, the provisions of ORS 419B.005 to 419B.050 shall apply.
[1965 c.472 §§3,4; 1967 c.545 §6; 1971 c.401 §9; 1971 c.451 §12; 1973
c.408 §28; 1975 c.644 §1; 1993 c.546 §99] Anyone
participating in good faith in the making of a report pursuant to ORS
146.750 and who has reasonable grounds for the making thereof shall have
immunity from any liability, civil or criminal, that might otherwise be
incurred or imposed with respect to the making of such report. Any such
participant shall have the same immunity with respect to participation in
any judicial proceeding resulting from such report. [1965 c.472 §5; 1971
c.451 §13; 1989 c.171 §20] Notwithstanding the
provisions of ORS 192.410 to 192.505 relating to confidentiality and
accessibility for public inspection of public records, records and
reports made under the provisions of ORS 146.750 are confidential and are
not accessible for public inspection. [1965 c.472 §7; 1967 c.545 §7; 1971
c.401 §10; 1971 c.451 §15; 1973 c.408 §29; 1973 c.794 §15a](1) A person who violates ORS 146.103 (1)
commits a Class A misdemeanor.

(2) A person who violates ORS 146.103 (2) or (4), 146.107 (5), or
146.121 (1) commits a Class B misdemeanor.

(3) A person who violates ORS 146.100 (4) commits a Class C
misdemeanor. [1973 c.408 §25]