Bill Text: TX SB239 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to a parent's right to view the body of a deceased child before an autopsy is performed.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-06-14 - Effective on 9/1/17 [SB239 Detail]

Download: Texas-2017-SB239-Enrolled.html
 
 
  S.B. No. 239
 
 
 
 
AN ACT
  relating to a parent's right to view the body of a deceased child
  before an autopsy is performed.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 49, Code of Criminal Procedure, is
  amended by adding Subchapter D to read as follows:
  SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD
         Art. 49.51.  DEFINITIONS. In this subchapter:
               (1)  "Child" means a person younger than 18 years of
  age.
               (2)  "Parent" has the meaning assigned by Section
  160.102(11), Family Code.
         Art. 49.52.  PARENTAL RIGHT TO VIEW DECEASED CHILD.
  (a)  Except as provided by Subsection (b) or (c), a parent of a
  deceased child is entitled to view the child's body before a justice
  of the peace or the medical examiner, as applicable, for the county
  in which the death occurred assumes control over the body under
  Subchapter A or B, as applicable. If the child's death occurred at
  a hospital or other health care facility, the viewing may be
  conducted at the hospital or facility.
         (b)  A parent of a deceased child may not view the child's
  body after a justice of the peace or medical examiner described by
  Subsection (a) assumes control over the body under Subchapter A or
  B, as applicable, unless the parent first obtains the consent of the
  justice of the peace or medical examiner or a person acting on
  behalf of the justice of the peace or medical examiner.
         (c)  A viewing of the body of a deceased child whose death is
  determined to be subject to an inquest under Article 49.04 or 49.25,
  as applicable, must be conducted in compliance with the following
  conditions:
               (1)  the viewing must be supervised by:
                     (A)  if law enforcement has assumed control over
  the body at the time of the viewing, an appropriate peace officer
  or, with the officer's consent, a person described by Paragraph
  (B); or
                     (B)  a physician, registered nurse, or licensed
  vocational nurse or the justice of the peace or the medical examiner
  or a person acting on behalf of the justice of the peace or medical
  examiner;
               (2)  a parent of the deceased child may not have contact
  with the child's body unless the parent first obtains the consent of
  the justice of the peace or medical examiner or a person acting on
  behalf of the justice of the peace or medical examiner; and
               (3)  a person may not remove a medical device from the
  child's body or otherwise alter the condition of the body for
  purposes of conducting the viewing unless the person first obtains
  the consent of the justice of the peace or medical examiner or a
  person acting on behalf of the justice of the peace or medical
  examiner.
         (d)  A person is not entitled to compensation for performing
  duties on behalf of a justice of the peace or medical examiner under
  this article unless the commissioners court of the applicable
  county approves the compensation.
         SECTION 2.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 239 passed the Senate on
  April 20, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 239 passed the House on
  May 24, 2017, by the following vote:  Yeas 146, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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