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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 |
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full and complete records properly indexed, giving the name if |
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known of every person whose death is investigated, the place where |
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the body was found, the date, the cause and manner of death, and |
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shall issue a death certificate. The full report and detailed |
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findings of the autopsy, if any, shall be a part of the record. |
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Copies of all records shall promptly be delivered to the proper |
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district, county, or criminal district attorney in any case where |
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further investigation is advisable. The records may not be |
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withheld, subject to a discretionary exception under [are subject
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to required public disclosure in accordance with] Chapter 552, |
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Government Code, except that a photograph or x-ray of a body taken |
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during an autopsy is excepted from required public disclosure in |
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accordance with Chapter 552, Government Code, but is subject to |
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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. |
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(b) Under the exception to public disclosure provided by |
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Subsection (a), a governmental body as defined by Section 552.003, |
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Government Code, may withhold a photograph or x-ray described by |
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Subsection (a) without requesting a decision from the attorney |
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general under Subchapter G, Chapter 552, Government Code. This |
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subsection does not affect the required disclosure of a photograph |
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or x-ray under Subsection (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, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 457 passed the Senate on |
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April 11, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 457 passed the House on |
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April 26, 2013, by the following vote: Yeas 141, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |