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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain autopsy records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 49.25, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 11. RECORDS. (a) The medical examiner shall keep full |
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and complete records properly indexed, giving the name if known of |
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every person whose death is investigated, the place where the body |
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was found, the date, and the cause and manner of death, and shall |
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issue a death certificate. The full report and detailed findings of |
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the autopsy, if any, shall be a part of the record. Copies of all |
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records shall promptly be delivered to the proper district, county, |
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or criminal district attorney in any case where further |
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investigation is advisable. The records may not be withheld, |
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subject to a discretionary exception under Chapter 552, Government |
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Code, and except as provided by Subsection (b). |
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(b) A [that a] photograph or x-ray of a body taken during an |
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autopsy is excepted from required public disclosure in accordance |
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with Chapter 552, Government Code, but is subject to disclosure: |
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(1) under a subpoena or authority of other law; [or] |
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(2) if the photograph or x-ray is of the body of a |
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person who died while in the custody of law enforcement; or |
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(3) to the next of kin or legal representative of the |
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deceased, subject to a discretionary exception under Chapter 552, |
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Government Code. |
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(c) [(b)] Under the exception to public disclosure provided |
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by Subsection (b) [(a)], a governmental body as defined by Section |
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552.003, Government Code, may withhold a photograph or x-ray |
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described by that subsection [Subsection (a)] without requesting a |
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decision from the attorney general under Subchapter G, Chapter 552, |
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Government Code. This subsection does not affect the required |
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disclosure of a photograph or x-ray as otherwise required by |
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[under] Subsection (b) [(a)(1) or (2)]. |
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SECTION 2. The changes in law made by this Act apply only to |
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a request for information that is received by a governmental body or |
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an officer for public information on or after the effective date of |
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this Act. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |