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