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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) "Parent" has the meaning assigned by Section |
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160.102(11), Family Code. |
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Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD. |
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(a) Except as provided by Subsection (b) or (c), a parent of a |
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deceased child is entitled to view the child's body before a justice |
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of the peace or the medical examiner, as applicable, for the county |
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in which the death occurred assumes control over the body under |
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Subchapter A or B, as applicable. If the child's death occurred at |
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a hospital or other health care facility, the viewing may be |
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conducted at the hospital or facility. |
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(b) A parent of a deceased child may not view the child's |
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body after a justice of the peace or medical examiner described by |
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Subsection (a) assumes control over the body under Subchapter A or |
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B, as applicable, unless the parent first obtains the consent of the |
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justice of the peace or medical examiner or a person acting on |
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behalf of the justice of the peace or medical examiner. |
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(c) A viewing of the body of a deceased child whose death is |
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determined to be subject to an inquest under Article 49.04 or 49.25, |
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as applicable, must be conducted in compliance with the following |
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conditions: |
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(1) the viewing must be supervised by: |
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(A) if law enforcement has assumed control over |
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the body at the time of the viewing, an appropriate peace officer |
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or, with the officer's consent, a person described by Paragraph |
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(B); or |
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(B) a physician, registered nurse, or licensed |
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vocational nurse or the justice of the peace or the medical examiner |
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or a person acting on behalf of the justice of the peace or medical |
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examiner; |
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(2) a parent of the deceased child may not have contact |
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with the child's body unless the parent first obtains the consent of |
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the justice of the peace or medical examiner or a person acting on |
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behalf of the justice of the peace or medical examiner; and |
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(3) a person may not remove a medical device from the |
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child's body or otherwise alter the condition of the body for |
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purposes of conducting the viewing unless the person first obtains |
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the consent of the justice of the peace or medical examiner or a |
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person acting on behalf of the justice of the peace or medical |
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examiner. |
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(d) A person is not entitled to compensation for performing |
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duties on behalf of a justice of the peace or medical examiner under |
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this article unless the commissioners court of the applicable |
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county approves the compensation. |
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SECTION 2. This Act takes effect September 1, 2017. |
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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. 239 passed the Senate on |
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April 20, 2017, 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. 239 passed the House on |
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May 24, 2017, by the following vote: Yeas 146, 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 |