Bill Text: TX SB457 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the confidentiality of certain autopsy records.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2013-05-10 - Effective on 9/1/13 [SB457 Detail]
Download: Texas-2013-SB457-Enrolled.html
| S.B. No. 457 | ||
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| 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 to read as follows: | ||
| Sec. 11. RECORDS. (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, 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 [ |
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| Government Code, except 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. | ||
| (b) Under the exception to public disclosure provided by | ||
| Subsection (a), a governmental body as defined by Section 552.003, | ||
| Government Code, may withhold a photograph or x-ray described by | ||
| 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 under Subsection (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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 457 passed the Senate on | ||
| April 11, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 457 passed the House on | ||
| April 26, 2013, by the following vote: Yeas 141, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
