S 210: An act relating to access to autopsy reports - Vermont

As Passed by Both House and Senate (OfficialOpens in a new window) → As Passed by Both House and Senate (UnofficialOpens in a new window) · 3 edits

MINOR

The unofficial version of S.210 corrects errors present in the official version, which contained duplicate and conflicting subsections on autopsy report access. The most significant substantive change is the removal of a requirement that the State's Attorney not object before a court can order disclosure of an autopsy report, giving courts greater discretion to grant access based solely on a good cause finding. The unofficial version also consolidates the text into a single coherent provision and changes the notice period from five business days to five calendar days.

REQUIREMENT

Removed the condition that the State's Attorney must not object before the court can order disclosure of an autopsy report. In the official version, one subsection required both a good cause finding AND non-objection by the State's Attorney. The unofficial version only requires the court to find good cause; the State's Attorney's position is considered as one factor among six but is not a veto.

TECHNICAL

Removed an erroneous duplicate first version of subsection (b)(2) that used the lower standard of 'legitimate reason' instead of 'good cause' and required notice within 'five business days' rather than five calendar days. This appears to have been a drafting error in the official version.

TIMELINE

Changed the notice period from 'five business days' (in the erroneous duplicate) to 'five days' (calendar days), slightly shortening the time a petitioner has to notify the Office of the Chief Medical Examiner and the State's Attorney after filing a petition.

As EnactedOpens in a new window → As Passed by Both House and Senate (OfficialOpens in a new window) · 2 edits

MINOR

The enacted version of Vermont S.210 added a new requirement that the State's Attorney must not object before a court can order disclosure of an autopsy report to a non-personal-representative petitioner. The version as passed by both houses did not include this condition, meaning the governor's signed version imposed an additional gate on access to autopsy reports beyond what the legislature approved.

ENFORCEMENT

The enacted version added the phrase 'and the State's Attorney does not object' as a condition for the Superior Court to order the Office of the Chief Medical Examiner to provide a copy of an autopsy report. This gives the county State's Attorney a de facto veto over release, even if the court finds good cause has been demonstrated.

REQUIREMENT

The enacted version requires petitioners to notify both the Office of the Chief Medical Examiner and the State's Attorney within five days after filing, whereas an earlier legislative version only required notifying the Office within five business days. The enacted version also gives the State's Attorney 14 days to respond before the court rules.

As Passed By the Senate (OfficialOpens in a new window) → As EnactedOpens in a new window · 2 edits

MINOR

The enacted version of Vermont S.210 (No. 83) adds two substantive provisions to the autopsy report access framework: a new factor requiring courts to consider whether disclosure would interfere with an ongoing criminal investigation, and a new right for petitioners to refile after a material change in information. These changes tighten the balance between public access to autopsy reports and law enforcement needs while preserving a path for future access.

REQUIREMENT

Added factor (vi) requiring the Superior Court to consider whether disclosure of an autopsy report would interfere with an ongoing criminal investigation when determining good cause.

ELIGIBILITY

Added subsection (C) allowing a petitioner who was denied access to refile a petition for an autopsy report upon a material change in information, ensuring the denial is not permanent.

As Passed By the Senate (UnofficialOpens in a new window) → As Passed By the Senate (OfficialOpens in a new window) · 5 edits · Apr 8, 2026

MODERATE

The transition from the unofficial to official Senate-passed version of S.210 restores several important procedural safeguards that were missing from the unofficial text. The official version adds a multi-factor 'good cause' test (replacing a simpler 'legitimate reason' standard), requires notification to and non-objection by the State's Attorney, allows for partial disclosure and dissemination restrictions, and includes a 14-day response window for the Office of the Chief Medical Examiner and State's Attorney. These changes make it meaningfully harder for third parties to obtain autopsy reports through court petition.

REQUIREMENT

The legal standard for obtaining an autopsy report via court petition was changed from 'legitimate reason' in the unofficial version to 'good cause' in the official version, which is a higher threshold that requires the petitioner to demonstrate more than just a valid interest.

A five-factor balancing test was added for determining good cause: (1) relationship to decedent and family, (2) necessity for public evaluation of governmental performance, (3) seriousness of privacy intrusion, (4) whether disclosure is by the least intrusive means including possible redaction, and (5) availability of similar information in other public records.

The official version allows the court to order disclosure of the autopsy report 'in whole or in part' and grants the court authority to place restrictions on how the petitioner may disseminate the copy provided. The unofficial version had no such partial-disclosure or restriction mechanism.

ENFORCEMENT

The official version adds a requirement that the petitioner notify the State's Attorney of the county where the death occurred (in addition to the Office of the Chief Medical Examiner), and that the State's Attorney be given 14 days to respond. The court may only order disclosure if the State's Attorney does not object.

TIMELINE

The notification deadline changed from 'five business days' in the unofficial version to 'five days' in the official version, which is a shorter window for the petitioner to notify the relevant offices after filing.

As IntroducedOpens in a new window → As Passed By the Senate (UnofficialOpens in a new window) · 6 edits · Apr 8, 2026

MODERATE

The Senate-passed version of S.210 significantly strengthens the process for non-personal representatives to obtain autopsy reports. It raises the access standard from 'legitimate reason' to 'good cause,' gives the county State's Attorney a formal objection right that can block disclosure, and adds a five-factor balancing test the court must apply. The court also gains authority to impose dissemination restrictions and redactions on any copy it orders released.

ELIGIBILITY

The standard for a non-personal representative to obtain an autopsy report was raised from 'a legitimate reason' to 'good cause,' making it harder to qualify for access.

REQUIREMENT

Petitioners must now notify the State's Attorney of the county where the death occurred (in addition to the Office of the Chief Medical Examiner), and both entities get 14 days to respond before the court rules.

A new five-factor balancing test was added for determining good cause: (1) petitioner's relationship to the decedent and family, (2) whether disclosure is necessary for public evaluation of governmental performance, (3) seriousness of privacy intrusion, (4) whether disclosure is by the least intrusive means including redaction, and (5) availability of similar information in other public records.

ENFORCEMENT

The State's Attorney gained a formal veto: the court may only order disclosure if the State's Attorney does not object, giving prosecutors a direct role in blocking release of autopsy reports.

The court may now place restrictions on how a petitioner disseminates a copy of the autopsy report, giving judges discretion to limit further sharing.

TIMELINE

The notification deadline changed from five business days to five days after filing the petition, slightly shortening the window for notice.

An act relating to access to autopsy reports

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