| |
| |
| |
|
|
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) or (c), a parent of a |
|
|
deceased child is entitled to view the child's body before a justice |
|
|
of the peace or the medical examiner, as applicable, for the county |
|
|
in which the death occurred assumes control over the body under |
|
|
Subchapter A or B, as applicable. If the child's death occurred at |
|
|
a hospital or other health care facility, the viewing may be |
|
|
conducted at the hospital or facility. |
|
|
(b) A parent of a deceased child may not view 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 of the body of a deceased child whose death is |
|
|
determined to be subject to an inquest under Article 49.04 or 49.25, |
|
|
as applicable, must be conducted in compliance with the following |
|
|
conditions: |
|
|
(1) the viewing must be supervised by: |
|
|
(A) if law enforcement has assumed control over |
|
|
the body at the time of the viewing, an appropriate peace officer |
|
|
or, with the officer's consent, a person described by Paragraph |
|
|
(B); or |
|
|
(B) a physician, registered nurse, or licensed |
|
|
vocational nurse or the justice of the peace or the medical examiner |
|
|
or a person acting on behalf of the justice of the peace or medical |
|
|
examiner; |
|
|
(2) a parent of the deceased child may not have contact |
|
|
with the child's 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; and |
|
|
(3) 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 the 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. |
|
|
(d) A person is not entitled to compensation for performing |
|
|
duties on behalf of a justice of the peace or medical examiner under |
|
|
this article unless the commissioners court of the applicable |
|
|
county approves the compensation. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 298 was passed by the House on April |
|
|
28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 298 on May 24, 2017, by the following vote: Yeas 146, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 298 was passed by the Senate, with |
|
|
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |