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

Texas Senate Bill 239 (Prior Session Legislation)

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

Sponsorship: Partisan Bill (Republican 2)

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