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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a parent of a deceased person to view the |
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person's body 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. The heading to Subchapter D, Chapter 49, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER D. [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON TO VIEW |
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PERSON'S BODY [DECEASED CHILD] |
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SECTION 2. The heading to Article 49.52, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 49.52. [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON |
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TO VIEW PERSON'S BODY [DECEASED CHILD]. |
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SECTION 3. Articles 49.52(a), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (b) or (c), a parent of |
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a deceased person [child] is entitled to view the person's [child's] |
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body before a justice of the peace or the medical examiner, as |
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applicable, for the county in which the death occurred assumes |
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control over the body under Subchapter A or B, as applicable. If the |
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person's [child's] death occurred at a hospital or other health care |
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facility, the viewing may be conducted at the hospital or facility. |
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(b) A parent of a deceased person [child] may not view the |
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person's [child's] body after a justice of the peace or medical |
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examiner described by Subsection (a) assumes control over the body |
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under Subchapter A or B, as applicable, unless the parent first |
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obtains the consent of the justice of the peace or 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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(c) A viewing of the body of a deceased person under this |
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article [child] whose death is determined to be subject to an |
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inquest under Article 49.04 or 49.25, as applicable, must be |
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conducted in compliance with the following 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 person [child] may not |
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have contact with the person's [child's] body unless the parent |
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first obtains the consent of the justice of the peace or medical |
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examiner or a person acting on behalf of the justice of the peace or |
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medical examiner; and |
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(3) a person may not remove a medical device from the |
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deceased person's [child's] body or otherwise alter the condition |
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of the body for purposes of conducting the viewing unless the person |
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first obtains the consent of the justice of the peace or medical |
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examiner or a person acting on behalf of the justice of the peace or |
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medical examiner. |
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SECTION 4. Article 49.51(1), Code of Criminal Procedure, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2019. |