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A BILL TO BE ENTITLED
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AN ACT
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relating to a parent's right to view the body of a deceased child |
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before an autopsy is performed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 49, Code of Criminal Procedure, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD |
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Art. 49.51. DEFINITIONS. In this subchapter: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Department" means the Department of Family and |
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Protective Services. |
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(3) "Prosecuting attorney" means a county attorney, |
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district attorney, or criminal district attorney. |
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Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD ABSENT |
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COURT ORDER. (a) A parent of a deceased child is entitled to view |
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the child's body before an autopsy is performed, if practicable, |
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unless a prosecuting attorney or the department obtains a court |
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order to prevent or postpone the viewing under Article 49.53. |
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(b) A viewing under this article may be supervised by a |
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physician, registered nurse, or licensed vocational nurse. |
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Art. 49.53. COURT ORDER TO PREVENT OR POSTPONE VIEWING. |
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(a) Not later than 24 hours after receiving notice of the death of |
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a child, a prosecuting attorney may file in a county or district |
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court an application for an order to prevent the child's parent from |
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viewing the child's body until after an autopsy is performed if the |
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parent is a suspect in the death of the child. |
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(b) The department may file, within the 24-hour period |
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required by Subsection (a), an application under this article |
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instead of the prosecuting attorney if: |
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(1) before the child's death, the department had an |
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open investigation of an allegation of abuse or neglect involving: |
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(A) the deceased child; or |
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(B) another child, if the parent of the deceased |
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child is the person responsible for the care, custody, or welfare of |
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that other child; or |
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(2) the parent of the deceased child is the person |
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responsible for the care, custody, or welfare of another child and |
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after the child's death the department takes any action to protect |
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the other child. |
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(c) On a request that is made by the prosecuting attorney or |
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the department and submitted with an application under this |
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article, the court may issue a temporary ex parte order postponing |
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the viewing until a hearing can be held under Subsection (d). |
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(d) Not later than 24 hours after an application is filed |
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under this article, the court shall conduct a hearing and rule on |
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the application. |
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(e) At the close of the hearing, if the court finds that |
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there is substantial evidence that the viewing would interfere with |
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the investigation of the parent by the applicable law enforcement |
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agency or by the department, the court shall issue an order to |
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prevent the parent from viewing the child's body until after an |
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autopsy is performed. |
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(f) If an application is not timely filed or an order is not |
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timely issued in accordance with this article, the parent may not be |
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prevented from viewing the child's body in accordance with Article |
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49.52. |
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SECTION 2. This Act takes effect September 1, 2015. |