North Carolina Law Limits Public Access to Criminal Autopsies

North Carolina Law Restricts Public Access to Autopsy Records, Sparks Controversy

On July 9, North Carolina Governor Josh Stein signed a comprehensive crime bill that has sparked significant debate over its impact on public access to critical information. The law introduces new restrictions on the availability of certain autopsy records, raising concerns among journalists, advocates, and transparency experts about the implications for government accountability.

Previously, autopsy, toxicology, and investigation reports from the North Carolina Office of the Chief Medical Examiner were considered public records, accessible through an online form. However, after two failed attempts to pass legislation limiting access to these documents, the provision was included in Senate Bill 429, which Stein signed into law.

Starting October 1, death records from the medical examiner’s office will only be released under specific conditions. These include cases involving family members, representatives of the decedent's estate, beneficiaries, professionals assisting with the death investigation, or when there is a public health or safety concern. Additionally, the records will remain classified as criminal investigative materials and will not be made public until the medical examiner’s office is notified that the criminal investigation or prosecution has concluded, or if parts of the records are introduced as evidence in court.

Autopsies of children will be completely confidential, requiring written consent from parents or guardians, or other specific circumstances such as public health concerns. This change has raised alarm among journalists and watchdog groups who argue that it undermines the state’s commitment to transparency.

Mike Tadych, an attorney with the North Carolina Press Association, expressed strong concerns about the provision, calling it “antithetical to the public records law.” He warned that the measure could significantly hinder the role of journalists in holding officials accountable on behalf of the public.

The 27-page bill includes several other provisions aimed at reforming the state’s criminal laws. Among them is a new offense for exposing a child to a controlled substance, increased penalties for fentanyl-related offenses, and a stipulation that 911 calls from minors are no longer public records. It also introduces a new felony offense for habitual domestic violence.

Governor Stein praised parts of the bill, particularly the provision that makes it easier for individuals outside North Carolina to file for domestic violence protection orders. He also supported the increased penalties for fentanyl sales but criticized the harsher punishment for possession of narcotics, expressing concerns that it could further penalize individuals struggling with addiction.

In response to questions about the controversial autopsy measures, a spokesperson for Stein’s office described the provision as “problematic.”

Critics argue that the law will make it more difficult for reporters to investigate and report on high-profile deaths, especially those involving law enforcement. Tadych noted that there have been numerous cases where official statements suggested there was “nothing to see here,” but later revelations from medical examiner files called those claims into question.

Despite these concerns, Tadych pointed out that no one has provided an example of how releasing medical examiner information has hindered law enforcement or prosecutors from solving a case. He argued that the provision addresses a problem that does not exist.

Recent examples highlight the importance of accessing autopsy records. In 2023, the Citizen Times reported that Christopher Hensley’s autopsy concluded his 2022 in-custody death was best classified as a homicide. More recently, the autopsy of Geneva Daniels, a mother from Mills River, revealed she died from fentanyl toxicity while in the custody of the Buncombe County Detention Facility.

Under the new law, reporters and the public can petition a Superior Court judge to release autopsy records if certain conditions are met, such as public interest and the availability of similar information in other public records. However, due to the lack of a statutory closure period for criminal cases, Tadych said that reporters may need to file petitions indefinitely.

Phil Lucey, president of the North Carolina Press Association, expressed disappointment with any reduction in government transparency. However, he acknowledged the inclusion of a provision allowing petitioners to recover attorney fees if they successfully obtain disclosure of the records, which was not present in earlier versions of the bill.

The new law has raised important questions about the balance between privacy, public safety, and government transparency. As the implementation of the law begins, the impact on journalism, accountability, and the rights of families seeking answers remains to be seen.