When someone dies from an accident or trauma in Virginia, who is legally required to take charge of the body, and who pays for removing it?

Plain-English summary

When someone dies in Virginia under unusual circumstances (trauma, accident, suicide, sudden death in apparent good health, dying unattended by a physician, in jail, in police custody, in a state hospital, in a fire), state law requires someone to take charge of the body so an investigation into cause of death can happen.

Colonel W.S. Flaherty, Superintendent of the Virginia State Police, asked the Attorney General who that someone is. Specifically, must the Office of the Chief Medical Examiner (OCME) take charge of the body upon notification of a death from trauma or accident, and if OCME doesn't show up, which agency takes responsibility and pays the cost?

Attorney General Herring's answer was clean. Section 32.1-283(B) says that once OCME is notified of a death described in subsection (A), OCME "shall take charge of the dead body." The word "shall" in Virginia is mandatory. The Virginia Supreme Court has consistently treated it that way (Andrews v. Shepherd, 1959; Ross v. Craw, 1986). So OCME has the duty.

And no other agency has it. No Virginia statute imposes a backup duty on local police, sheriffs, fire departments, or anyone else to take charge of bodies in these circumstances or to pay for doing so once OCME has been notified. The statutory framework makes OCME's responsibility exclusive.

There's a separate statute, § 32.1-309.2, addressing who pays for disposition costs after OCME completes its investigation. That's about the post-investigation disposition stage. There's no comparable statute for the take-charge-and-removal stage; that responsibility sits entirely with OCME.

The opinion expressly didn't address:

• Deaths from causes other than trauma or accident (different sections apply, like § 32.1-306.2)
• Disaster scenarios where the Governor has declared a state of emergency (different framework under § 44-146.17)

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current OCME statutes before relying on any specific rule mentioned here.

Common questions

So local law enforcement doesn't have to deal with the body?

Local police or sheriffs typically secure the scene and notify OCME, but they don't take charge of the body or pay for its removal once OCME has been notified. That's OCME's role under § 32.1-283.

Who pays for transporting the body to the OCME facility?

OCME bears the cost of taking charge and removal under § 32.1-283. Disposition costs after OCME finishes investigating are governed separately by § 32.1-309.2.

What if OCME refuses to come or can't get there?

The opinion doesn't address that operational scenario. As a matter of statute, no other agency has the duty or authority to take charge of the body. Practically, the local agencies and OCME would have to coordinate, but the legal responsibility under the statute sits with OCME.

Does this apply to natural deaths at home?

No. The opinion is limited to deaths described in § 32.1-283(A), which are non-natural or unusual deaths (trauma, accident, sudden, unattended, etc.). Routine natural deaths attended by a physician are handled differently.

What about a public emergency where there are many casualties?

The opinion expressly didn't address situations where the Governor declares a state of emergency under § 44-146.17. Those scenarios may trigger different procedures.

Background and statutory framework

Section 32.1-283 of the Virginia Code is the Chief Medical Examiner's statute. Subsection (A) lists the circumstances under which OCME must be notified: trauma, injury, violence, poisoning, accident, suicide, homicide, sudden death in apparent good health, deaths unattended by a physician, deaths in jail or prison or other correctional institution or police custody, deaths in state hospitals or training centers, sudden deaths in fires, suspicious deaths, sudden death of an infant, and similar circumstances.

Subsection (B) is the operative responsibility provision: "Upon being notified of a death as provided in subsection A, the Office of the Chief Medical Examiner shall take charge of the dead body and the Chief Medical Examiner shall cause an investigation into the cause and manner of death to be made and a full report, which shall include written findings, to be prepared."

The text is clear. Notification triggers OCME's duty to "take charge" and to investigate.

Herring's analysis relied on three points:

1. Plain meaning of "shall." Virginia courts consistently treat "shall" as imperative.
2. No statute imposes a backup duty on any other agency.
3. The separate cost-allocation statute (§ 32.1-309.2) for disposition after OCME's investigation does not provide for or contemplate any non-OCME agency taking charge during the investigation phase.

Together those points establish OCME's exclusive responsibility.

Citations

• Va. Code Ann. § 2.2-505 (AG advisory opinions)
• Va. Code Ann. § 32.1-283 (OCME responsibility and notification)
• Va. Code Ann. § 32.1-306.2 (deaths from non-trauma causes)
• Va. Code Ann. §§ 32.1-309.1 to 32.1-309.4 (next-of-kin notification, disposition costs, cremation/burial procedures)
• Va. Code Ann. § 44-146.17 (Governor's emergency authority)
• Andrews v. Shepherd, 201 Va. 412 (1959) (meaning of "shall")
• Ross v. Craw, 231 Va. 206 (1986)
• Schmidt v. City of Richmond, 206 Va. 211 (1965)
• City of Waynesboro Sheriff's Dep't v. Harter, 222 Va. 564 (1981)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2015/15-037_Flaherty.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

900 East Main Street
Richmond, Virginia 23219
October 9, 2015
804-786-2071

Colonel W.S. Flaherty
Superintendent, Department of State Police
Post Office Box 27472
Richmond, Virginia 23261-7472

Dear Superintendent Flaherty:

I am responding to your request for an official advisory Opinion in accordance with § 2.2-505 of the Code of Virginia.

Issues Presented

You ask whether it is the responsibility of the Office of the Chief Medical Examiner ("OCME") to take charge of a dead body upon notification of death from trauma or accident. If it is not the responsibility of OCME, you ask what agency bears that responsibility. You further ask which agency should bear the cost of removing a body upon death from trauma or accident in the event that OCME does not assume charge of the body at the scene.

Applicable Law and Discussion

Section 32.1-283 of the Code of Virginia provides that:

A. Upon the death of any person from trauma, injury, violence, poisoning, accident, suicide or homicide, or suddenly when in apparent good health, or when unattended by a physician, or in jail, prison, other correctional institution or in police custody, or who is an individual receiving services in a state hospital or training center operated by the Department of Behavioral Health and Developmental Services, or suddenly as an apparent result of fire, or in any suspicious, unusual or unnatural manner, or the sudden death of any infant the Office of the Chief Medical Examiner shall be notified by the physician in attendance, hospital, law-enforcement officer, funeral director, or any other person having knowledge of such death. . . .

B. Upon being notified of a death as provided in subsection A, the Office of the Chief Medical Examiner shall take charge of the dead body and the Chief Medical Examiner shall cause an investigation into the cause and manner of death to be made and a full report, which shall include written findings, to be prepared.

"It is elementary that the prima object in the interpretation of a statute is to ascertain and give effect to the intention of the legislature." "In interpreting [a] statute, 'courts apply the plain meaning . . . unless the terms are ambiguous or applying the plain language would lead to an absurd result.'"

"[T]he word 'shall' is primarily mandatory in its effect and the word 'may' is primarily permissive." This is especially true in cases involving the use of "shall" in statutory language. "When the word 'shall' appears in a statute, it is generally used in an imperative or mandatory sense."

When the death of a person has resulted from any of the circumstances listed in § 32.1-283(A) and OCME is notified, the plain language of § 32.1-283(B) clearly directs OCME to take charge of the dead body. No other agency bears the responsibility for or costs of doing so, and there is no statutory framework by which any other agency is required to do so or to bear the cost of doing so.

This opinion does not address the responsibility for dead bodies where death results from some cause other than trauma or accident, or when a state of emergency has been declared by the Governor.

Conclusion

Accordingly, it is my opinion that § 32.1-283 places sole responsibility on OCME, once it is notified, to take charge of a dead body upon death from any of the circumstances specified in § 32.1-283(A). No other agency is required to take charge of such a dead body or bear the cost of doing so once OCME has been notified, as that responsibility is placed exclusively on OCME by statute.

With kindest regards, I am

Very truly yours,

Mark R. Herring
Attorney General