BILL ANALYSIS

 

 

Senate Research Center	S.B. 239
85R2914 KJE-D	By: Campbell
	Criminal Justice
	4/8/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law does not provide complete protection for parents to view and say goodbye to their deceased child. Interested parties note that when a child dies under suspicious circumstances the parents can be prohibited from seeing the body and saying goodbye until after the body has undergone an autopsy without a formal process. S.B. 239 protects a parent's right to view the body of the parent's deceased child.

 

As proposed, S.B. 239 amends current law relating to a parent's right to view the body of a deceased child before an autopsy is performed.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 49, Code of Criminal Procedure, by adding Subchapter D, as follows:

 

SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD

 

Art. 49.51. DEFINITIONS. Defines "child" and "parent."

 

Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD. (a) Provides that a parent of a deceased child whose death occurred at a hospital or other institution, except as provided by Subsection (b), 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) Prohibits a parent of a deceased child whose death did not occur at a hospital or other institution from viewing or otherwise having contact with the child's body after a justice of the peace or medical examiner assumes control over the body 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) Requires that a viewing be supervised by a physician, registered nurse, or licensed vocational nurse or by the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.

 

(d) Prohibits a person from removing a medical device from the child's body or otherwise altering the condition of the body for purposes of conducting a viewing 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. Effective date: September 1, 2017.