County officers: coroners: in-custody deaths.

The document was reformatted from a traditional chaptered legislative document with page numbers and column headers into a web-based bill text layout with navigation elements (skip to content, home, accessibility, FAQ, etc.) and a version history sidebar.

The bill is now formally designated as the 'Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025' in Section 27491.56(a).

The term 'third-party medical examination provider' is changed to 'private third-party medical examination provider' throughout the bill, adding the qualifier 'private.'

Counties may now contract with one or more independent coroner offices, medical examiner offices, or private third-party providers, and may use any combination of those providers, rather than being limited to a single provider as in the prior version.

A new provision prohibits a private third-party medical examination provider that has entered into a service agreement for in-custody deaths from also being contracted by the same county or sheriff-coroner to handle any cases that do not involve in-custody deaths during the term of that agreement. This prevents a conflict of interest where the same provider handles both routine and sensitive in-custody cases for the same office.

The legislative findings section now specifically references 'in-custody deaths' and 'medical examinations for in-custody deaths' rather than the broader language about 'deaths in which the sheriff's office was involved' and 'autopsies,' narrowing the stated purpose to the specific problem the bill addresses.

Header changed from enrolled bill format (with passage dates and clerk signatures) to chaptered law format with 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' and 'CHAPTER 389.'

Governor approval date filled in as October 6, 2025, replacing the previously blank signature line.

Page numbering and running headers changed from 'AB 1108' to 'Ch. 389' throughout the document.

New subsection (c)(2) requires that once the county board of supervisors selects and enters into a service agreement with a medical examiner, independent coroner, or third-party provider, the sheriff-coroner shall contract only with that provider for the term of the service agreement. This locks in the board's choice and prevents the sheriff from independently selecting a different provider.

Removed the cross-reference 'as defined in Section 10008 of the Penal Code' from subsection (a) regarding in-custody deaths, since the full definition is now self-contained within subsection (e) of the same section.

Reorganized subsections: old (c) became (c)(1), new (c)(2) was inserted, and former (d), (e), and (f) were renumbered accordingly. No substantive content was changed in the renumbered provisions.

The trigger for the prohibition was narrowed from any 'conflict of interest' (which included in-custody deaths as one example) to only in-custody deaths. The general conflict-of-interest language was removed entirely.

The explicit prohibition on the sheriff-coroner 'performing the autopsy' was removed. The Senate version only prohibits determining the circumstances, manner, and cause of death, not performing the autopsy itself.

A new definition of 'in-custody death' was added covering both the existing Penal Code Section 10008 definition and a broader category: deaths of persons detained or under arrest by federal law enforcement (including immigration enforcement), or en route to/detained at a federal correctional facility or immigration detention facility, where the sheriff-coroner has jurisdiction or the federal government requested an autopsy.

An operative date of January 1, 2027 was added for the new Section 27491.56 and for the corresponding exemption in Section 27522(d)(2).

A new requirement was added that county boards of supervisors must annually select and enter into a service agreement with an independent medical examiner, coroner office, or third-party provider. The third-party provider must not currently be under contract with a county sheriff's office.

A new requirement was added that findings from the investigation must be delivered to the sheriff-coroner, district attorney, county health officer, board of supervisors, and the decedent's next of kin.

The term 'medical examination team provider' was changed to 'medical examination provider' throughout, and the independence requirement was narrowed from covering both 'autopsies' and 'the medical examination process' to just 'the medical examination process.'

Added 'of a person who died following use of force by sheriff's personnel' as an additional condition that triggers the requirement for an independent medical examination. This explicitly covers use-of-force deaths, not just custody or general involvement scenarios.

Added geographic specificity: the death must occur 'in that county' and the provision now references 'the county where the death took place,' clarifying that the requirement applies to the county where the death occurred rather than potentially any county.

Changed 'the coroner' to 'the sheriff-coroner' throughout Section 27491.56 to more precisely identify the official who must recuse, since the provision only applies in counties where the offices are combined.

Changed 'one of the following' to 'either of the following' in the list of options for independent examination, though the three options (another county/state agency, a separate department within the same county, or a third-party team) all appear to remain in the text. This may be a drafting inconsistency.

The trigger for the prohibition was broadened from specific death types (in-custody deaths and use-of-force deaths) to any case where the sheriff-coroner has a conflict of interest when determining circumstances, manner, and cause of death under Section 27491, including in-custody deaths as defined in Penal Code Section 10008.

The prohibition now covers not only performing the autopsy but also determining the circumstances, manner, and cause of death. Previously it only barred the sheriff-coroner from performing the physical autopsy.

The old option to request a department within the same county was removed. The third-party option now requires the team to meet physician qualification requirements described in Section 24010 and to operate independently, including exercising professional judgment on determinations of circumstances, manner, and cause of death.

Option (a) now requires the other county or state agency to have established an office of medical examiner pursuant to Section 24010, rather than simply being any county or state agency.

The bill now references 'in-custody death' as defined in Penal Code Section 10008, adding a specific statutory definition that was not present in the prior version.

The trigger for recusal was narrowed. The old version covered both in-custody deaths AND deaths following use of force by sheriff's personnel. The new version covers only 'in-custody death' as defined in Penal Code Section 10008, removing the separate use-of-force trigger.

The mechanism changed from 'requesting' another county or state agency to 'contracting' with another county (whose coroner's office must operate independently from the sheriff) or a third-party medical examination team provider. This implies a formal contractual relationship rather than an informal request.

A new subsection (b) was added requiring that the cause and manner of death listed on the death certificate must match the determination made by the independent coroner, medical examiner, or third-party provider.

The section was restructured from a flat format into subsections (a) and (b), with the two options for independent examination renumbered as (1) and (2) under subsection (a).

Assembly Member Gipson was added as principal coauthor and Assembly Member Sharp-Collins as coauthor.