| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a parent's right to view the body of a deceased child |
|
|
before an autopsy is performed. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 49, Code of Criminal Procedure, is |
|
|
amended by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD |
|
|
Art. 49.51. DEFINITIONS. In this subchapter: |
|
|
(1) "Child" means a person younger than 18 years of |
|
|
age. |
|
|
(2) "Parent" has the meaning assigned by Section |
|
|
160.102(11), Family Code. |
|
|
Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD. (a) |
|
|
Except as provided by Subsection (b), a parent of a deceased child |
|
|
whose death occurred at a hospital or other institution is entitled |
|
|
to view the child's body, if practicable, before the body is |
|
|
examined by a justice of the peace or the medical examiner, as |
|
|
applicable, for the county in which the death occurred. |
|
|
(b) A parent of a deceased child whose death did not occur at |
|
|
a hospital or other institution may not view or otherwise have |
|
|
contact with the child's body after a justice of the peace or |
|
|
medical examiner described by Subsection (a) assumes control over |
|
|
the body under Subchapter A or B, as applicable, unless the parent |
|
|
first obtains the consent of the justice of the peace or medical |
|
|
examiner or a person acting on behalf of the justice of the peace or |
|
|
medical examiner. |
|
|
(c) A viewing under Subsection (b) must be supervised by a |
|
|
physician, registered nurse, or licensed vocational nurse or by the |
|
|
justice of the peace or the medical examiner or a person acting on |
|
|
behalf of the justice of the peace or medical examiner. |
|
|
(d) A person may not remove a medical device from the |
|
|
child's body or otherwise alter the condition of the body for |
|
|
purposes of conducting a viewing under this article unless the |
|
|
person first obtains the consent of the justice of the peace or |
|
|
medical examiner or a person acting on behalf of the justice of the |
|
|
peace or medical examiner. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |