2005 Nevada Revised Statutes - Chapter 259 — Coroners

CHAPTER 259 - CORONERS

NRS 259.010 Coronersdistricts; inapplicability of chapter.

NRS 259.020 Sheriffsare ex officio coroners; exception.

NRS 259.025 Accountfor support of office of county coroner.

NRS 259.030 Traveland subsistence.

NRS 259.040 Deputies.

NRS 259.045 Coronerto notify next of kin of decedent of fact of death.

NRS 259.050 Investigationinto cause of death; inquest.

NRS 259.060 Penaltyfor failure to attend as juror.

NRS 259.070 Oathof juror.

NRS 259.080 Feesof jurors; expenses of transportation of jury.

NRS 259.090 Inquest:Summoning and examination of witnesses; examination of decedent; adjournment.

NRS 259.100 Witnessfailing to attend punishable for contempt.

NRS 259.110 Renditionof verdict: Certification; contents.

NRS 259.120 Testimonyto be reduced to writing and filed with clerk of district court.

NRS 259.130 Warrantto issue for accused.

NRS 259.140 Serviceand return of warrant.

NRS 259.150 Inventoryof money and property of decedent; delivery to county treasurer; signsprohibiting entrance to residence of decedent; penalty for disregard ofprohibition.

NRS 259.160 Dutiesof county treasurer pertaining to money and property of decedent.

NRS 259.170 Paymentto representatives of decedent.

NRS 259.180 Burialof decedent; payment of expenses.

NRS 259.200 Feeof justice of the peace for holding inquest.

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NRS 259.010 Coronersdistricts; inapplicability of chapter.

1. Every county in this State constitutes a coronersdistrict, except a county where a coroner is appointed pursuant to theprovisions of NRS 244.163.

2. The provisions of this chapter, except NRS 259.025 and 259.150 to 259.180, inclusive, do not apply to anycounty where a coroner is appointed pursuant to the provisions of NRS 244.163.

[1:107:1909; RL 7542; NCL 11425](NRS A 1963,198; 1969, 664; 1979, 1368; 2005, 1063)

NRS 259.020 Sheriffsare ex officio coroners; exception. Except inany county where a coroner is appointed pursuant to NRS 244.163, all sheriffs in this state areex officio coroners.

[Part 2:107:1909; A 1911, 58; 1949, 595; 1943 NCL 11426](NRS A 1979, 1368)

NRS 259.025 Accountfor support of office of county coroner.

1. The board of county commissioners of each countymay create in the county general fund an account for the support of the officeof the county coroner. The county treasurer shall deposit in that account themoney received from:

(a) The State Registrar of Vital Statistics pursuant toNRS 440.690; and

(b) A district health officer pursuant to NRS 440.715.

2. The money in the account must be accounted forseparately and not as a part of any other account.

3. The interest and income earned on the money in theaccount, after deducting any applicable charges, must be credited to theaccount.

4. Claims against the account must be paid as otherclaims against the county are paid.

5. Except as otherwise provided in subsection 8, thecounty coroner may use the money in the account to pay expenses relating to:

(a) A youth program involving the office of the countycoroner, including, without limitation, a program of visitation establishedpursuant to NRS 62E.720;

(b) Training for a member of the staff of the office ofthe county coroner;

(c) Training an ex officio coroner and his deputies onthe investigation of deaths; and

(d) The purchase of specialized equipment for theoffice of the county coroner.

6. Any money remaining in the account at the end ofany fiscal year does not revert to the county general fund and must be carriedforward to the next fiscal year.

7. Before the end of each fiscal year:

(a) The board of county commissioners of each countythat constitutes a coroners district pursuant to NRS 259.010 and which has created anaccount for the support of the office of the county coroner pursuant tosubsection 1 shall designate the office of a county coroner created pursuant toNRS 244.163 to receive the money in theaccount.

(b) The county treasurer of each county thatconstitutes a coroners district pursuant to NRS259.010 and for which the board of county commissioners has created anaccount for the support of the office of the county coroner pursuant tosubsection 1 shall transfer all money in the account to the county treasurer ofthe county in which the office of the county coroner designated pursuant toparagraph (a) is established.

(c) The county treasurer of the county in which theoffice of the county coroner designated pursuant to paragraph (a) isestablished shall:

(1) Deposit all the money received pursuant toparagraph (b) into the account created in that county pursuant to subsection 1;and

(2) Account for the money received from eachcounty in separate subaccounts.

8. The office of the county coroner designated toreceive money pursuant to subsection 7 may only use the money in eachsubaccount and any interest attributable to that money to pay expenses whichare incurred in the county from which the money was transferred and whichrelate to the training of an ex officio coroner and his deputies on theinvestigation of deaths.

(Added to NRS by 2005, 1062)

NRS 259.030 Traveland subsistence. The coroner is entitled toallowances for the expenses of any travel and subsistence which he necessarilyincurs in the performance of his duties.

[18:107:1909; A 1955, 60](NRS A 1979, 1368)

NRS 259.040 Deputies.

1. All coroners may appoint deputies, who areauthorized to transact such official business pertaining to the office as theirprincipals direct. Coroners are responsible for the compensation of thedeputies and are responsible on their official bonds for all officialmalfeasance or nonfeasance of the deputies. The appointment of a deputy mustnot be construed to confer upon that deputy policymaking authority for theoffice of the county coroner or the county by which the deputy is employed.

2. All appointments of deputies must be made inwriting and must, with the oath of office, be filed in the office of therecorder of the county within which the principal holds and exercises hisoffice.

[Part 2:107:1909; A 1911, 58; 1949, 595; 1943 NCL 11426](NRS A 1979, 1368; 2005, 683)

NRS 259.045 Coronerto notify next of kin of decedent of fact of death. Thecoroner shall notify a decedents next of kin of the fact of decedents deathwithout unreasonable delay.

(Added to NRS by 1973, 900)

NRS 259.050 Investigationinto cause of death; inquest.

1. When a coroner or his deputy is informed that aperson has been killed, has committed suicide or has suddenly died under suchcircumstances as to afford reasonable ground to suspect that the death has beenoccasioned by unnatural means, he shall make an appropriate investigation.

2. In all cases where it is apparent or can bereasonably inferred that the death may have been caused by a criminal act, thecoroner or his deputy shall notify the district attorney of the county wherethe inquiry is made, and the district attorney shall make an investigation withthe assistance of the coroner. If the sheriff is not ex officio the coroner,the coroner shall also notify the sheriff, and the district attorney andsheriff shall make the investigation with the assistance of the coroner.

3. The holding of a coroners inquest is within thesound discretion of the district attorney or district judge of the county. Aninquest need not be conducted in any case of death manifestly occasioned bynatural cause, suicide, accident or when it is publicly known that the deathwas caused by a person already in custody, but an inquest must be held unlessthe district attorney or a district judge certifies that no inquest isrequired.

4. If an inquest is to be held, the district attorneyshall call upon a justice of the peace of the county to preside over it. Thejustice of the peace shall summon three persons qualified by law to serve asjurors, to appear before him forthwith at the place where the body is or suchother place within the county as may be designated by him to inquire into thecause of death.

5. A single inquest may be held with respect to morethan one death, where all the deaths were occasioned by a common cause.

[3:107:1909; A 1919, 60; 1949, 152; 1943 NCL 11427](NRS A 1977, 666; 1979, 1369)

NRS 259.060 Penaltyfor failure to attend as juror. Every personsummoned as a juror who fails to appear without having a reasonable excuse,shall forfeit a sum, not exceeding $100, to be recovered by the districtattorney, in any court of competent jurisdiction, and paid by him into thecounty treasury.

[4:107:1909; RL 7545; NCL 11428](NRS A 1979,1369)

NRS 259.070 Oathof juror. When the jurors attend, they must besworn by the justice of the peace to inquire who the person was, and when,where and by what means he came to his death, and into the circumstancesattending his death, and to render a true verdict thereon according to theevidence.

[5:107:1909; A 1919, 60; 1919 RL 7546; NCL 11429](NRS A 1979, 1369)

NRS 259.080 Feesof jurors; expenses of transportation of jury.

1. Jurors of coroners juries (with not more thanthree persons upon the jury) are entitled to receive for each days service$15, to be certified to the county clerk by the justice of the peace, andaudited, allowed and paid as are other claims against the county.

2. When it is necessary for a coroners jury to travela greater distance than 1 mile to view the remains, or to the place where theinquest is to be held, the necessary and actual expenses incurred for thetransportation of the jury must be allowed, audited and paid as are otherclaims against the county, after having been duly certified by the justice ofthe peace.

[Part 2:69:1919; A 1933, 68, 152; 1937, 210; 1949,10; 1951, 107; 1953, 134](NRS A 1963, 348; 1979, 1370; 1983, 1010)

NRS 259.090 Inquest:Summoning and examination of witnesses; examination of decedent; adjournment.

1. The justice of the peace may issue subpoenas forwitnesses, returnable as he may direct, and served by such person as he maydirect.

2. He must summon and examine as witnesses everyperson who, in his opinion or that of any of the jurors, has any knowledge ofthe facts, and he may summon a qualified surgeon or physician to inspect thebody, or hold a postmortem examination thereon, or a chemist to make ananalysis of the stomach or the tissues of the deceased and give a professionalopinion as to the cause of the death.

3. The coroner may adjourn the inquest from time totime as may be necessary.

[6:107:1909; A 1949, 595; 1943 NCL 11430](NRS A1979, 1370)

NRS 259.100 Witnessfailing to attend punishable for contempt. Anywitness failing to obey the subpoena of the justice of the peace may beattached and fined for contempt in like manner as in a Justice Court.

[7:107:1909; RL 7548; NCL 11431](NRS A 1979, 1370)

NRS 259.110 Renditionof verdict: Certification; contents. Afterinspecting the body and hearing the testimony, the jury shall render theirverdict and certify the same by an inquisition in writing, signed by them, andsetting forth the name of the deceased, when, where and by what means he cameto his death; if by criminal means, the name of the person causing the death.

[8:107:1909; RL 7549; NCL 11432]

NRS 259.120 Testimonyto be reduced to writing and filed with clerk of district court. The testimony at such an inquest must be reduced towriting in such manner as the justice of the peace may direct, and filed byhim, without delay, in the office of the clerk of the district court of thecounty.

[9:107:1909; RL 7550; NCL 11433](NRS A 1979,1370)

NRS 259.130 Warrantto issue for accused. If the jury finds thatthe dead person was killed by another person under circumstances not excusableor justifiable in law, and that the person who committed the act is not incustody, the justice of the peace shall issue a warrant signed by him, with hisname of office, for the arrest of the accused.

[10:107:1909; RL 7551; NCL 11434](NRS A 1979,1370)

NRS 259.140 Serviceand return of warrant. The warrant of thejustice of the peace may be served in any county of the State, and the officerserving such a warrant may return it before a magistrate of the county in whichit is issued. The officer receiving such a warrant has the same power under thewarrant as he would have by virtue of a warrant from any court or magistrate ofthis state.

[11:107:1909; RL 7552; NCL 11435](NRS A 1979,1370)

NRS 259.150 Inventoryof money and property of decedent; delivery to county treasurer; signsprohibiting entrance to residence of decedent; penalty for disregard ofprohibition.

1. The coroner shall inventory, in the presence of atleast one other person, any money or property which may have been found on orabout the deceased, unless taken from his possession by legal authority, andshall deliver without delay a signed copy of the inventory and the money orproperty to the treasurer of the county. If the coroner fails to pay or deliversuch money or property to the county treasurer, the county treasurer mayrecover it by an action at law.

2. The coroner shall affix appropriate seals, signs orother devices prohibiting entrance to the residence of a deceased person whohad lived alone under circumstances indicating that no other person canreasonably be expected to provide immediate security for the deceasedsproperty. Any person, except the coroner, his deputy, a law enforcement officeror the executor or administrator of the deceaseds estate, who removes such acoroners seal, sign or other device or who enters upon any property bearingsuch a seal, sign or other device is guilty of a misdemeanor.

[12:107:1909; RL 7553; NCL 11436](NRS A 1977,910; 1979, 14)

NRS 259.160 Dutiesof county treasurer pertaining to money and property of decedent.

1. Upon payment of money into the county treasurersoffice in such case, he shall place it to the credit of the county. Upon thedelivery of property, he shall:

(a) Deliver such property to the public administratorfor disposition according to law; or

(b) Give written notice to the public administrator ofhis intention to sell such property at public sale.

2. If within 10 days after the giving of noticepursuant to paragraph (b) of subsection 1, the public administrator claims theproperty for disposition, the county treasurer shall deliver it to him.

3. If the public administrator does not claim theproperty as provided in subsection 1, the county treasurer may, after givingnotice by posting at the courthouse for at least 10 days, sell the property atpublic sale and place the proceeds to the credit of the county.

[13:107:1909; RL 7554; NCL 11437](NRS A 1969,664)

NRS 259.170 Paymentto representatives of decedent. If the moneyor the proceeds from the sale of property are demanded within 6 years, thecounty treasurer shall pay the same to the person legally authorized to receiveit, but the same may be paid at any subsequent time to the representatives ofthe deceased upon an order from the tribunal invested with the power to allowclaims against the county.

[14:107:1909; A 1911, 59; RL 7555; NCL 11438](NRS A 1969, 664)

NRS 259.180 Burialof decedent; payment of expenses. After theinquest, if no one takes charge of the body, the coroner shall cause it to bedecently buried. The expenses of the burial must be paid from the money depositedwith the county treasurer or the estate of the deceased, as the case may be. Ifthe deceased has no money or estate, or the money or estate of the deceased isinsufficient to bear the entire cost of burial, the county in which thedeceased is buried shall bear the cost of the burial in excess of any money orestate available.

[16:107:1909; RL 7557; NCL 11440](NRS A 1969,664; 1979, 14)

NRS 259.200 Feeof justice of the peace for holding inquest.

1. A justice of the peace is entitled, for each daynecessarily employed in holding an inquest, to a fee of $23.

2. This fee must be paid out of the county treasury asother demands against the county are paid.

[17:107:1909; A 1933, 259; 1949, 152; 1953, 127](NRSA 1979, 1370; 1993, 1353; 2001, 3213)