(1) Every coroner shall serve and execute process of every kind and perform all other duties of the sheriff when the sheriff is a party to the case, or where affidavit is made and filed as provided in this section, and in all such cases he shall exercise the powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties.
(2) Whenever any party, his agent, or attorney makes and files with the clerk of the proper court an affidavit stating that he believes that the sheriff of such county by reason of either partiality, prejudice, consanguinity, or interest, will not faithfully perform his duties in any suit commenced or about to be commenced in such court, the clerk shall direct the original process in such suit to the coroner, who shall execute the process in like manner as the sheriff might or should have done.
Source: G.L. �� 509, 510. G.S. �� 613, 614. R.S. 08: �� 1298, 1299. C.L. �� 8773, 8774. CSA: C. 45, �� 120, 121. CRS 53: � 35-6-5. C.R.S. 1963: � 35-6-5.
30-10-606. Coroner - inquiry - grounds - postmortem - jury - certificate of death. (1) The responding law enforcement agency shall notify the coroner when a death is discovered or confirmed as soon as practicable after the scene is safe and secure. The coroner shall immediately notify the district attorney or his or her designee if by prior agreement, and then at his or her discretion proceed to the scene to view the body. Upon arrival of the coroner, law enforcement shall make all reasonable accommodations to allow the coroner to collect time-sensitive information such as body and scene temperature, lividity, and rigor. The coroner, in cooperation with law enforcement, shall make all proper inquiry in order to determine the cause and manner of death of any person in his or her jurisdiction who has died under any of the following circumstances:
(a) If the death is or may be unnatural as a result of external influences, violence, or injury;
(a.3) Due to the influence of or the result of intoxication by alcohol, drugs, or poison;
(a.5) As a result of an accident, including at the workplace;
(a.7) When the death of an infant or child is unexpected or unexplained;
(b) When no physician is in attendance or when, though in attendance, the physician is unable to certify the cause of death;
(c) From a death that occurs within twenty-four hours of admission to a hospital;
(d) Repealed.
(e) From a disease which may be hazardous or contagious or which may constitute a threat to the health of the general public;
(f) If the death occurs from the action of a peace officer or while in the custody of law enforcement officials or while incarcerated in a public institution;
(g) When the death was sudden and happened to a person who was in apparent good health;
(h) When a body is unidentifiable, decomposed, charred, or skeletonized; or
(i) Circumstances that the coroner otherwise determines may warrant further inquiry to determine cause and manner of death or further law enforcement investigation.
(1.1) The coroner shall request that jurisdiction of a death be transferred to the coroner of the county in which the event which resulted in the death of the person occurred, with the jurisdiction effective upon the acceptance by the receiving coroner. The transfer shall be in writing, and a copy thereof shall be maintained in the offices of the transferring and receiving coroners. The district attorney from each county involved in the transfer shall be contacted prior to the transfer unless prior agreements have been established.
(1.2) (a) When a person dies as a result of circumstances specified in subsection (1) of this section or is found dead and the cause of death is unknown, the person who discovers the death shall report it immediately to law enforcement officials or the coroner, and the coroner shall take legal custody of the body.
(b) The body of any person who dies as a result of circumstances specified in subsection (1) of this section shall not be removed from the place of death prior to the arrival of the coroner or his or her designee or without the authority of the coroner or his or her designee unless it is necessary to identify the victim, to protect the property from damage or destruction, or to preserve and protect evidence, or protect life, health, or safety. The coroner, in consultation with the district attorney or local law enforcement agency, shall facilitate the timely removal of the body to preserve and protect evidence. The coroner may order the removal of the body for further investigation or release the body to the next of kin if no further investigation is required by law enforcement.
(c) If a suicide note related to the death is found at the place of death, the coroner or law enforcement agency according to a prior agreement shall take custody of the note as well as any other documentation related to the cause or manner of death as is appropriate. If there is no prior agreement, law enforcement shall have the authority to take custody of the suicide note and shall provide a copy of the suicide note to the coroner. The coroner shall have the authority to view the suicide note prior to receiving a copy.
(d) In the case of a noncriminal investigation, the coroner in collaboration with local law enforcement shall identify the deceased, determine the deceased's next of kin, and notify the appropriate next of kin or other persons of the death.
(e) In the case of a noncriminal investigation, in order to assist with the identification of the deceased, location and identity of next of kin, and determination of the cause and manner of death, the coroner, in cooperation with law enforcement, has the authority to collect, examine, and store, or request law enforcement to collect, examine, and store, any documents, evidence, or information, including information available in electronic devices such as phones or computers subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution.
(f) When in the course of a coroner investigation, a death becomes suspicious or the possibility of criminal activity arises, the coroner shall immediately consult with the district attorney and law enforcement in the jurisdiction where the events that caused the death occurred.
(g) In the case of a noncriminal investigation, the coroner may take custody of prescription medications dispensed to the deceased to assist in determining the cause and manner of death subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution. The coroner shall properly document, store, and dispose of the medications or request law enforcement to document, store, and dispose of the medications.
(2) The coroner or his or her designee shall perform a forensic autopsy or have a forensic autopsy performed as required by section 30-10-606.5 or upon the request of the district attorney. Failure to comply with this section may be prosecuted as a violation of section 18-8-405, C.R.S.
(2.5) In the case of a noncriminal investigation, the coroner, in cooperation with the public administrator if applicable, may take appropriate measures to safeguard the property and its contents. The coroner may charge the costs of securing the premises against the estate of the deceased. A coroner who secures or safeguards the property and its contents is immune from civil liability for damage to or loss of the property or its contents.
(2.7) A coroner shall comply with information requests for statistical or research purposes from the department of public health and environment and the department of transportation.
(3) When the coroner has knowledge that any person has died under any of the circumstances specified in subsection (1) of this section, he may summon forthwith six citizens of the county to appear at a place named to hold an inquest to hear testimony and to make such inquiries as he deems appropriate.
(4) (a) In all cases where the coroner has held an investigation or inquest, the certificate of death shall be issued by the coroner.
(b) Any certificate of death issued by a coroner shall be filed with the registrar and shall state the findings concerning the nature of the disease or the manner of death, and, if from external causes, the certificate shall state the manner of death. In addition, the certificate shall include the information described in section 25-2-103 (3)(b), C.R.S., whenever the subject of the investigation or inquest is under one year of age.
(c) A copy of the certificate of death or affidavit of presumed death, including any related documents and statements of fact, shall be retained indefinitely in the applicable county in a secure location in an appropriate county facility accessible only to the county coroner or the coroner's designee and in a manner that is consistent with the county's record retention policy and federal law.
(5) Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case where death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a well-recognized church or religious denomination.
(6) (a) Notwithstanding sections 12-245-220 and 13-90-107 (1)(d) or (1)(g), the coroner holding an inquest or investigation pursuant to this section has the authority to request and receive a copy of:
(I) Any autopsy report or medical information from any pathologist, physician, dentist, hospital, or health-care provider or institution if such report or information is relevant to the inquest or investigation; and
(II) Any information, record, or report related to treatment, consultation, counseling, or therapy services from any licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, certified addiction counselor, unlicensed psychotherapist, psychologist candidate registered pursuant to section 12-245-304 (3), marriage and family therapist candidate registered pursuant to section 12-245-504 (4), licensed professional counselor candidate registered pursuant to section 12-245-604 (4), or person described in section 12-245-217, if the report, record, or information is relevant to the inquest or investigation.
(b) The coroner or his or her designee shall, at the request of the district attorney or attorney general, release to the district attorney or attorney general any autopsy report or medical information described in subparagraph (I) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6).
(c) The coroner or his or her designee shall not release to any party any information, record, or report described in subparagraph (II) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6).
(d) Any person who complies with a request from a coroner or his or her designee pursuant to paragraph (a) of this subsection (6) shall be immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the disclosure of confidential patient or client information.
(e) A coroner holding an inquest or investigation pursuant to this section may request a health-care facility that is licensed or certified in accordance with the requirements of article 3 of title 25 to retain and keep safe in its control any blood draw or admission blood sample taken from the individual that is the subject of the inquest or investigation. Upon request, the health-care facility shall retain the blood draw or admission blood sample for fourteen days. The coroner shall serve the retention request on the deceased individual's attending physician, clinical leadership of the health-care facility where the deceased individual expired, or the health-care facility's laboratory that has the deceased individual's blood draw or admission blood sample in its control.
Source: G.L. � 511. G.S. � 615. L. 1887: p. 233, � 1. R.S. 08: � 1300. C.L. � 8775. CSA: C. 45, � 122. CRS 53: � 35-6-6. L. 57: p. 311, � 1. L. 73: R&RE, p. 462, � 1. C.R.S. 1963: � 35-6-6. L. 81: (1)(c) to (1)(h) amended and (1.1), (1.2), and (6) added, pp. 1439, 1440, �� 2, 3, effective June 4. L. 89: (6) amended, p. 1276, � 3, effective April 18. L. 96: (4) amended, p. 402, � 15, effective April 17. L. 2000: (6) amended, p. 157, � 1, effective August 2. L. 2001: (6) amended, p. 735, � 5, effective July 1. L. 2002: (6)(a)(II) amended, p. 1029, � 56, effective June 1. L. 2004: (4)(c) added, p. 626, � 3, effective August 4. L. 2011: (2) amended, (HB 11-1258), ch. 137, p. 477, � 2, effective May 4; IP(6)(a) and (6)(a)(II) amended, (SB 11-187), ch. 285, p. 1329, � 76, effective July 1. L. 2013: Entire section amended, (HB 13-1097), ch. 95, p. 304, � 3, effective April 4; (1) (d) repealed, (HB 13-1154), ch. 372, p. 2192, � 3, effective July 1; (6) (a) (II) amended, (HB 13-1104), ch. 77, p. 249, � 7, effective August 7. L. 2019: IP(6)(a) and (6)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, � 212, effective October 1. L. 2020: (6)(a)(II) amended, (HB 20-1206), ch. 304, p. 1551, � 68, effective July 14. L. 2025: (6)(e) added, (SB 25-273), ch. 345, p. 1869, � 1, effective August 6.
Editor's note: Amendments to this section by House Bill 13-1097, House Bill 13-1104, and House Bill 13-1154 were harmonized.
Cross references: (1) For issuance of death certificate, see � 25-2-110; for postmortem examination by licensed physician, see � 12-240-137.
(2) For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 2011. For the legislative declaration in the 2013 act repealing subsection (1)(d), see section 1 of chapter 372, Session Laws of Colorado 2013.
30-10-606.5. When autopsy performed - jurisdiction - qualifications to perform - definition. (1) (a) The coroner shall perform a forensic autopsy or have a forensic autopsy performed in accordance with the circumstances in the most recent version of the forensic autopsy performance standards adopted by the national association of medical examiners, when the death is apparently nonnatural and occurs in a facility or during services regulated by the department of human services, and when the death is the result of an automobile accident and a hospital physician has not documented the extent of the injuries.
(b) If a person is involved in an incident that requires the person to be transported to a medical facility outside the county where the incident occurred and the person dies en route to or at the medical facility outside the county where the incident occurred, the coroner for the county where the incident occurred shall take possession of the body and shall comply with the provisions of this section.
(2) (a) Except as provided in paragraphs (b) and (c) of this subsection (2), all forensic autopsies required to be performed pursuant to subsection (1) of this section shall be performed by a board-certified forensic pathologist.
(b) A physician who has completed a forensic pathology fellowship and is practicing forensic pathology in Colorado and who is not a board-certified forensic pathologist as of May 4, 2011, may perform a forensic autopsy required pursuant to subsection (1) of this section.
(c) A forensic pathologist who has completed a forensic pathology fellowship may perform forensic autopsies for four years from the date of completion of the fellowship before becoming a board-certified forensic pathologist.
(d) A pathology resident or forensic pathology fellow may perform a forensic autopsy required pursuant to subsection (1) of this section under the direct supervision of a board-certified forensic pathologist.
(e) For purposes of this subsection (2), direct supervision means supervision that is within the facility where a pathology resident or forensic pathology fellow is performing an autopsy and that requires a board-certified forensic pathologist's presence and availability for prompt consultation.
Source: L. 2011: Entire section added, (HB 11-1258), ch. 137, p. 477, � 3, effective May 4.
Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 137, Session Laws of Colorado 2011.
30-10-606.7. Autopsy reports - death of a minor - confidential - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Autopsy report means the report of the coroner or the coroner's designee on the post-mortem examination of a deceased individual to determine the cause or manner of death, including any written analysis, diagram, photograph, or toxicological test results.
(b) Minor means a person under the age of eighteen years.
(2) (a) Notwithstanding any other provision of law, an autopsy report prepared in connection with the death of a minor is not a public record as defined in part 2 of article 72 of title 24.
(b) Notwithstanding the provisions of subsection (2)(a) of this section, upon written request of one of the individuals or entities specified in this subsection (2)(b), the coroner or the coroner's designee shall provide a copy of the autopsy report prepared in connection with the death of a minor only to such requesting individual or entity. Such individuals or entities are as follows:
(I) A parent or legal guardian of the deceased if the parent or legal guardian submits a copy of a written request to the coroner for a copy of the report and an affidavit, signed by the parent or legal guardian under the penalty of perjury, verifying the parent's or legal guardian's relationship to the decedent;
(II) A law enforcement or criminal justice agency, including a district attorney, that is either investigating the death or prosecuting a criminal violation arising out of the death upon the request of the law enforcement or criminal justice agency, including a district attorney;
(III) A requesting party in a civil case where the moving party demonstrates to the court that the autopsy report is discoverable in accordance with rule 26 (b)(1) of the Colorado rules of civil procedure (C.R.C.P.), upon the entry of a specific order of the court authorizing disclosure of the autopsy report, and in accordance with any protective order necessary to limit disclosure of the identity of the deceased and other identifying personal information;
(IV) Counsel for the defendant, or the defendant if the defendant is not represented by counsel, for discovery purposes in a criminal case upon the entry of a specific order of the court authorizing disclosure of the autopsy report in accordance with rule 16 of the Colorado rules of criminal procedure only if discovery has not otherwise been provided to counsel or the defendant and in accordance with any protective order necessary to limit disclosure of the identity of the deceased and other personally identifying information;
(V) A state child fatality prevention review team established pursuant to section 25-20.5-406 or a local or regional child fatality prevention review team established pursuant to section 25-20.5-404 upon the request of the applicable review team;
(VI) The Colorado department of public health and environment as necessary for the collection of data in accordance with the national violent death reporting system and the Colorado unintentional drug overdose reporting system;
(VII) The Colorado child fatality review team, as defined in section 26-1-139 (2)(e), upon the request of the review team;
(VIII) A county department of human or social services in connection with the investigation of an incidence of alleged abuse or neglect of a minor;
(IX) The division of youth services in the department of human services in connection with the investigation of a fatality that has occurred within a state-owned or -operated facility;
(X) A health-care facility that is licensed or certified in accordance with the requirements of article 3 of title 25 at which facility the deceased had previously received treatment;
(XI) A community clinic, as defined in section 25-1.5-103 (2)(a.5), or a treating hospital for inclusion within the medical records of the deceased;
(XII) An eye bank, an organ procurement organization, or a tissue bank, as those terms are defined in section 15-19-202 (10), (16), and (31), respectively;
(XIII) A local or regional domestic violence fatality review team, as defined in section 24-31-701 (4), or the Colorado domestic violence fatality review board created in section 24-31-702 (1) upon the request of a team or the board, as applicable;
(XIV) The Colorado department of human services in connection with the investigation of a fatality that has occurred within any facility that is licensed under the Child Care Licensing Act, part 3 of article 5 of title 26.5;
(XV) The office of the child protection ombudsman established in section 19-3.3-102 (1)(a);
(XVI) A health-care provider licensed in accordance with the requirements of title 12 that had previously established a patient-provider relationship with the deceased;
(XVII) The Colorado maternal mortality review committee created in section 25-52-104 (1) for the purpose of conducting public health death reviews of deceased individuals who are pregnant or within one year postpartum;
(XVIII) The Colorado department of public health and environment and county public health agencies as described in section 25-1-506 for the purpose of data collection as it relates to the Colorado department of public health and environment's authority under section 25-1.5-102 and subsequent board of health rules;
(XIX) The Colorado department of public health and environment's health facility and emergency medical services division for the purpose of health facilities and emergency medical services investigations; or
(XX) The public if the death occurs while the minor is in the custody or under the supervision of the state or a local government, including a law enforcement agency, a detention facility, while under foster care, or in a public school.
(3) (a) Notwithstanding any other provision of this section, upon written request by any individual, a coroner shall not release a copy of the autopsy report prepared in connection with the death of a minor, and shall instead release the following information pertaining to the death of a minor:
(I) Cause of death;
(II) Time, place, and manner of death;
(III) Age, gender, and race or ethnicity of the deceased minor; and
(IV) Name of the deceased minor.
(b) The coroner shall release the information required in subsections (3)(a)(I) to (3)(a)(IV) of this section within three business days of receipt of the written request or three business days after receiving the information, whichever is later. If the information is incomplete when released, the coroner shall disclose that any missing information remains under investigation or is otherwise unknown.
(4) (a) Notwithstanding any other provision of this section, any person may petition a district court to allow the person access to an autopsy report prepared in connection with the death of a minor. The petitioner shall serve process on the coroner and a member of the deceased minor's next of kin pursuant to the C.R.C.P. For purposes of this subsection (4), next of kin may include a parent, stepparent, legal guardian, grandparent, aunt, uncle, sibling, or lawful representative of the deceased minor. The district court shall hold a hearing that includes the petitioner, coroner, and a member of the deceased minor's next of kin, if available. The hearing must be conducted in accordance with the applicable rules of the C.R.C.P. that govern the simplified procedure for civil actions and shall not include a jury. The district court shall grant the petitioner access to the report upon a finding that:
(I) Public disclosure of the report substantially outweighs any harm to the privacy interests of the deceased and the members of the family of the deceased; and
(II) The information sought by the petitioner is not otherwise publicly available.
(b) Upon receipt of a petition by proper service of process, a coroner shall disclose the name of the deceased minor and the name and address of a member of the deceased minor's next of kin for whom the autopsy report is sought, if available, to the district court, which shall disclose the name and address to the petitioner under a protective order prohibiting the petitioner from disclosing the name and address to anyone except for the purpose of serving process to a member of the deceased minor's next of kin pursuant to this subsection (4)(b).
Source: L. 2024: Entire section added, (HB 24-1244), ch. 225, p. 1395, � 1, effective January 1, 2025.