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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain autopsy records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 49.25, Code of Criminal |
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Procedure, is amended by amending Subsections (a) and (b) and |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(a) The medical examiner shall keep full and complete |
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records properly indexed, giving the name if known of every person |
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whose death is investigated, the place where the body was found, the |
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date, and the cause and manner of death, and shall issue a death |
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certificate. The full report and detailed findings of the autopsy, |
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if any, shall be a part of the record. Copies of all records shall |
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promptly be delivered to the proper district, county, or criminal |
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district attorney in any case where further investigation is |
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advisable. The records may not be withheld, subject to a |
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discretionary exception under Chapter 552, Government Code, and |
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except as provided by Subsection (b). |
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(b) A [that a] photograph or x-ray of a body taken during an |
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autopsy is excepted from required public disclosure in accordance |
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with Chapter 552, Government Code, but is subject to disclosure: |
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(1) under a subpoena or authority of other law; [or] |
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(2) if the photograph or x-ray is of the body of a |
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person who died while in the custody of law enforcement; or |
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(3) to the next of kin or legal representative of the |
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deceased, subject to a discretionary exception under Chapter 552, |
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Government Code. |
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(b-1) [(b)] Under the exception to public disclosure |
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provided by Subsection (b) [(a)], a governmental body as defined by |
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Section 552.003, Government Code, may withhold a photograph or |
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x-ray described by that subsection [Subsection (a)] without |
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requesting a decision from the attorney general under Subchapter G, |
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Chapter 552, Government Code. This subsection does not affect the |
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required disclosure of a photograph or x-ray as otherwise required |
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by [under] Subsection (b) [(a)(1) or (2)]. |
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(b-2) A release of a photograph or x-ray described by |
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Subsection (b) is not considered a release of information to the |
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public for purposes of Section 552.007, Government Code, and does |
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not waive the right to assert in the future that the photograph or |
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x-ray is excepted from required disclosure under this section or |
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other law. |
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SECTION 2. The changes in law made by this Act apply only to |
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a request for information that is received by a governmental body or |
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an officer for public information on or after the effective date of |
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this Act. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |