Sections 1 and 2 (390.11) modifies this section to provide for the religious objections to an autopsy contained in section 3.

Section 3 (390.11, subd. 2b) creates a religious objection to an autopsy.

Paragraph (a) defines the following terms:  compelling state interest; interested party; religious beliefs; religious grounds; and surviving relative.

Paragraph (b) requires a coroner or medical examiner at least 24 hours before performing a dissection or autopsy to give written notice to the surviving relative of the decedent of the surviving relative’s right to object to the dissection or autopsy on religious grounds.  A dissection or autopsy must not be performed if a surviving relative objects on religious grounds unless there is a compelling state interest.  A coroner or medical examiner may require the surviving relative to present an affidavit stating the person’s relationship to the decedent, the religious affiliation of the decedent, that the decedent has a religious objection and the basis of the belief, and that the surviving relative will assume responsibility for the lawful disposition of the body of the deceased.

Paragraph (c) states that if a coroner or medical examiner determines that there is a compelling state interest to perform a dissection or autopsy and the surviving relative objects on religious grounds or an interested party objects and submits written information showing reason to believe that it would be contrary to the religious beliefs of the decedent, the dissection or autopsy must not be performed for at least 48 hours after notice of the dissection or autopsy was given to the objecting party.  The objecting party may bring an action in district court to determine the propriety of the dissection or autopsy and the court may waive the waiting period upon an ex parte motion if the court determines that a delay would prejudice the accuracy of the dissection or autopsy.

Paragraph (d) permits a coroner or medical examiner to bring an action in district court for an order to authorize the dissection or autopsy, if the coroner or medical examiner determines that there is a compelling state interest under circumstances that are not provided for in the definition of a compelling state interest, and there has been an objection based on religious grounds by a surviving relative or by an interested party and the party has submitted the required written information.  The action may be brought by a notice to show cause served on the surviving relative or, if not available, on another party as directed by the court.  The proceeding must be determined summarily on the oral and written proof submitted by the parties.  The court is required to grant the relief sought if it finds that the coroner or medical examiner has established a demonstrable need for the dissection or autopsy that outweighs observing the decedent’s religious beliefs.  If the court denies the petition, the body must be immediately released for burial to the surviving relative.

Paragraph (e) specifies that any dissection or autopsy performed based on a compelling state interest when a religious objection has been made must be the least intrusive consistent with that state interest.