Bill Text: TX SB239 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
85R2914 KJE-D | ||
By: Campbell | S.B. No. 239 |
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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), a parent of a deceased child | ||
whose death occurred at a hospital or other institution is entitled | ||
to view the child's body, if practicable, before the body is | ||
examined by a justice of the peace or the medical examiner, as | ||
applicable, for the county in which the death occurred. | ||
(b) A parent of a deceased child whose death did not occur at | ||
a hospital or other institution may not view or otherwise have | ||
contact with 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 under Subsection (b) must be supervised by a | ||
physician, registered nurse, or licensed vocational nurse or by the | ||
justice of the peace or the medical examiner or a person acting on | ||
behalf of the justice of the peace or medical examiner. | ||
(d) 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 a viewing under this article 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. | ||
SECTION 2. This Act takes effect September 1, 2017. |