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§ 130.Sealing of autopsy report and evidence relating to examination of deceased child victim; Exceptions; Opposition; Removal

Title 1. Organization and Jurisdiction · Chapter 6. General Provisions Respecting Courts of Justice · Article 2. Incidental Powers and Duties of Court · Last amended 2022 · Last verified July 28, 2026

In one sentenceSection 130 lets a qualifying family member seal a deceased child homicide victim’s autopsy report and examination evidence once someone has been convicted or found culpable by a juvenile court, while preserving access for law enforcement, the defense, and civil litigants with a court order.

Full Text of § 130

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased child, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency, as defined in Section 7920.525 of the Government Code, shall be sealed and not disclosed, except that an autopsy report and evidence associated with the examination of the victim that has been sealed pursuant to this section may be disclosed, as follows:
(1) To law enforcement, prosecutorial agencies and experts hired by those agencies, public social service agencies, child death review teams, or the hospital that treated the child immediately prior to death, to be used solely for investigative, prosecutorial, or review purposes, and may not be disseminated further.
(2) To the defendant and the defense team in the course of criminal proceedings or related habeas proceedings, to be used solely for investigative, criminal defense, and review purposes, including review for the purpose of initiating any criminal proceeding or related habeas proceeding, and may not be disseminated further. The “defense team” includes, but is not limited to, all of the following: attorneys, investigators, experts, paralegals, support staff, interns, students, and state and privately funded legal assistance projects hired or consulted for the purposes of investigation, defense, appeal, or writ of habeas corpus on behalf of the person accused of killing the deceased child victim.
(3) To civil litigants in a cause of action related to the victim’s death with a court order upon a showing of good cause and proper notice under Section 129, to be used solely to pursue the cause of action, and may not be disseminated further.
(b) Nothing in this section shall prohibit the use of autopsy reports and evidence in relation to court proceedings.
(c) Nothing in this section shall abrogate the rights of victims, their authorized representatives, or insurance carriers to request the release of information pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. However, if a seal has been requested, an insurance carrier receiving items pursuant to a request under that article is prohibited from disclosing the requested items except as necessary in the normal course of business. An insurance carrier shall not, under any circumstances, disclose to the general public items received pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(d) This section may not be invoked by a qualifying family member who has been charged with or convicted of any act in furtherance of the victim’s death. Upon the filing of those charges against a qualifying family member, any seal maintained at the request of that qualifying family member under this section shall be removed.
(e) A coroner or medical examiner shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this section.
(f) If sealing of the autopsy report has been requested by a qualifying family member and another qualifying family member opposes sealing, the opposing party may request a hearing in the superior court in the county with jurisdiction over the crime leading to the child’s death for a determination of whether the sealing should be maintained. The opposing party shall notify all other qualifying family members, the medical examiner’s office that conducted the autopsy, and the district attorney’s office with jurisdiction over the crime at least 10 court days in advance of the hearing. At the hearing, the court shall consider the interests of all qualifying family members, the protection of the memory of the deceased child, any evidence that the qualifying family member requesting the seal was involved in the crime that resulted in the death of the child, the public interest in scrutiny of the autopsy report or the performance of the medical examiner, any impact that unsealing would have on pending investigations or pending litigation, and any other relevant factors. Official information in the possession of a public agency necessary to the determination of the hearing shall be received in camera upon a proper showing. In its discretion, the court may, to the extent allowable by law and with good cause shown, restrict the dissemination of an autopsy report or evidence associated with the examination of a victim. This section shall not apply if a public agency has independently determined that the autopsy report may not be disclosed pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code because it is an investigative file. In that instance, nothing in this section shall preclude the application of Part 5 (commencing with Section 7923.000) of Division 10 of Title 1 of the Government Code.
(g) If a seal has been maintained pursuant to this section, a qualifying family member, or a biological or adoptive aunt, uncle, sibling, first cousin, child, or grandparent of the deceased child may request that the seal be removed. The request to remove the seal shall be adjudicated pursuant to subdivision (f), with the party requesting the removal of the seal being the opposing party.
(h) Nothing in this section shall limit the public access to information contained in the death certificate including: name, age, gender, race, date, time and location of death, the name of a physician reporting a death in a hospital, the name of the certifying pathologist, date of certification, burial information, and cause of death.
(i) When a medical examiner declines a request to provide a copy of an autopsy report that has been sealed pursuant to this section, the examiner shall cite this section as the reason for declining to provide a copy of the report.
(j) For purposes of this section:
(1) A “child who is under 18 years of age” does not include any child who comes within either of the following descriptions:
(A) The child was a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code at the time of the child’s death, or, pursuant to subdivision (b) of Section 10850.4 of the Welfare and Institutions Code, abuse or neglect is determined to have led to the child’s death.
(B) The child was residing in a state or county juvenile facility, or a private facility under contract with the state or county for the placement of juveniles, as a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code at the time of the child’s death.
(2) “Evidence associated with the examination of a victim” means any object, writing, diagram, recording, computer file, photograph, video, DVD, CD, film, digital device, or other item that was collected during, or serves to document, the autopsy of a deceased child.
(3) “Qualifying family member” means the biological or adoptive parent, spouse, or legal guardian.
(k) Nothing in this section shall limit the discovery provisions set forth in Chapter 10 (commencing with Section 1054) of Title 6 of the Penal Code.
(l) Nothing in this section shall be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim under case law, other statutory law, or the rules of court.
(m) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
End

Plain-English Summary

Section 130 gives a grieving family a way to keep a child homicide victim’s autopsy report and related evidence out of public view, but only once someone has already been convicted of killing the child or found by the juvenile court to have committed the act. A qualifying family member — a biological or adoptive parent, spouse, or legal guardian — can request the seal, and once sealed, the material stays out of public disclosure except in three situations: for law enforcement, prosecutors, their retained experts, social service agencies, child death review teams, or the treating hospital, for investigative or review purposes; for the defendant and defense team in the criminal case or a related habeas proceeding; and for civil litigants pursuing a related claim who obtain a court order under Section 129’s good-cause procedure.

The section builds in real safeguards. A family member who has been charged with or convicted of causing the child’s death cannot invoke it, and any seal already in place at that member’s request is removed once charges are filed. If one qualifying family member wants the seal and another opposes it, either side can ask the superior court for a hearing, with notice to every other qualifying family member, the medical examiner’s office, and the district attorney; the court weighs the interests of all the family members, the child’s memory, any evidence tying the requesting member to the crime, the public interest in scrutinizing the report, and the effect on any pending investigation or litigation. The same hearing procedure applies to a later request to remove an existing seal, which a broader circle of relatives — an aunt, uncle, sibling, first cousin, adult child, or grandparent — may bring in addition to a qualifying family member.

Sealing under this section does not reach everything connected to the child’s death. Basic death-certificate information stays public, and nothing in the section limits discovery in the criminal case or a court’s separate authority to seal records or restrict evidence under other law. A coroner or medical examiner acting reasonably and in good faith under this section is not personally liable for damages.

Frequently Asked Questions

Who can ask to have a deceased child’s autopsy report sealed under Section 130?

A qualifying family member — defined in subdivision (j)(3) as a biological or adoptive parent, spouse, or legal guardian of the child — may request the seal, once someone has been convicted or found by the juvenile court to have committed the killing.

Can the person who killed the child use this section to seal the records?

No. Subdivision (d) bars a qualifying family member who has been charged with or convicted of any act furthering the child’s death from invoking this section, and requires removal of any seal already entered at that member’s request once charges are filed.

What happens if family members disagree about whether to seal the autopsy report?

Subdivision (f) lets the opposing family member request a hearing in the superior court with jurisdiction over the case, where the court weighs the interests of all qualifying family members, the child’s memory, the public interest in scrutiny, and other relevant factors before deciding whether to maintain the seal.

Can law enforcement still access a sealed autopsy report?

Yes. Subdivision (a)(1) allows disclosure to law enforcement, prosecutorial agencies and their experts, public social service agencies, child death review teams, or the treating hospital for investigative, prosecutorial, or review purposes.

Does sealing an autopsy report under Section 130 hide the cause of death from the public?

No. Subdivision (h) preserves public access to basic death-certificate information, including the cause of death, regardless of any seal entered under this section.

Amendment History

Added Stats 2010 ch 302 § 3 (SB 5), effective September 27, 2010. Amended Stats 2021 ch 615 § 55 (AB 474), effective January 1, 2022.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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