Bill Text: CA SB1419 | 2015-2016 | Regular Session | Amended

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Bill Title: Uniform Anatomical Gift Act: prison inmates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1419 Detail]

Download: California-2015-SB1419-Amended.html

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BILL NUMBER: SB 1419	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 19, 2016

   An act to add Section 7150.16 to the Health and Safety Code,
relating to anatomical gifts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1419, as amended, Galgiani. Uniform Anatomical Gift Act: prison
inmates.
   Existing law establishes a system of state prisons. Existing law,
the Uniform Anatomical Gift Act, sets forth the methods and
procedures for a person to become a donor of an anatomical gift.
   This bill would authorize a prisoner in the custody of the
Department of Corrections and Rehabilitation to elect to make an
anatomical gift on a form developed by the department, as specified.
The bill would authorize the prisoner to make that election at the
time of admittance into the state prison system, or at a later time
at the prisoner's request. The bill would establish a procedure by
which a prisoner may revoke that election.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7150.16 is added to the Health and Safety Code,
to read:
   7150.16.  (a) The Department of Corrections and Rehabilitation
shall develop and adopt a form that will allow a prisoner in the
custody of the department to elect to make an anatomical gift in the
event of his or her death. The form shall be included in the prisoner'
s central file maintained by the department. The form shall be titled
"Document of Gift--Donate Life California Organ and Tissue Donor
Registry," shall be a document of gift as defined in paragraph (6) of
subdivision (a) of Section 7150.10, and  shall at a minimum
have   shall include, at a minimum, all of  the
following characteristics:
   (1) Clearly indicates the prisoner's election to be added to the
donor registry. 
   (2) Allows the prisoner to designate whether the prisoner would
like to donate his or her organs or tissues for transplantation or
research, or both.  
   (3) Allows the prisoner to state any donation limitation
specifying the organs and tissues that the prisoner does not provide
legal consent to be recovered.  
   (4) Contains an advisement that states all of the following: 

   (A) Electing to make an anatomical gift is completely voluntary.
 
   (B) There are no repercussions for declining to, or benefits for
agreeing to, elect to make an anatomical gift.  
   (C) The prisoner may consult with a medical professional or
counselor about his or her decision.  
   (D) The prisoner may revoke his or her election to make an
anatomical gift at any time, as described in subdivision (d). 

   (2) 
    (5)  Contains a statement notifying the prisoner that by
signing or placing his or her mark on the  form 
 form,  the prisoner is legally authorizing the recovery of
his or her organs or tissues for the uses described in this chapter
in the event of his or her death. 
   (3) 
    (6)  Contains the prisoner's signature, or mark if the
prisoner cannot write.
   (b) The form described in subdivision (a) shall be presented to
the prisoner upon his or her first admittance into the state prison
system, and the prisoner may elect to sign it or refuse to sign it at
that time.
   (c) The form described in subdivision (a) shall be made available
for completion and signature at the prisoner's request, consistent
with the policies and procedures of the Department of Corrections and
Rehabilitation.
   (d) A prisoner may revoke his or her election to make an
anatomical gift at any time by delivery of a written statement to the
official in charge of the facility where the prisoner is confined.
Upon receipt of that statement, the Department of Corrections and
Rehabilitation shall mark the document of gift described in
subdivision (a) as revoked and shall retain the revoked document of
gift and the statement received pursuant to this subdivision in the
prisoner's central file.