Alabama 2024 Regular Session

Alabama House Bill HB200 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB200INTRODUCED
2	2	Page 0
3	3	HB200
4	4	9TZSMBB-1
5	5	By Representative England
6	6	RFD: Judiciary
7	7	First Read: 20-Feb-24
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12	12	5 9TZSMBB-1 02/20/2024 CNB (L)bm 2024-755
13	13	Page 1
14	14	First Read: 20-Feb-24
15	15	SYNOPSIS:
16	16	Under existing law, a medical examiner is
17	17	required to notify the next of kin if he or she retains
18	18	the organ or organs of a deceased person to determine
19	19	identification or the cause or manner of death.
20	20	Under existing law, a medical examiner may not
21	21	retain a deceased person's organ or organs for any
22	22	reason other than to determine identification or cause
23	23	or manner of death without notification and approval by
24	24	the next of kin.
25	25	This bill would provide that a medical examiner
26	26	commits a Class C felony if he or she retains a
27	27	deceased person's organ or organs without the
28	28	notification and consent of the next of kin in certain
29	29	circumstances.
30	30	Section 111.05 of the Constitution of Alabama of
31	31	2022, prohibits a general law whose purpose or effect
32	32	would be to require a new or increased expenditure of
33	33	local funds from becoming effective with regard to a
34	34	local governmental entity without enactment by a 2/3
35	35	vote unless: it comes within one of a number of
36	36	specified exceptions; it is approved by the affected
37	37	entity; or the Legislature appropriates funds, or
38	38	provides a local source of revenue, to the entity for
39	39	the purpose.
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67	67	28 HB200 INTRODUCED
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69	69	the purpose.
70	70	The purpose or effect of this bill would be to
71	71	require a new or increased expenditure of local funds
72	72	within the meaning of the section. However, the bill
73	73	does not require approval of a local governmental
74	74	entity or enactment by a 2/3 vote to become effective
75	75	because it comes within one of the specified exceptions
76	76	contained in the section.
77	77	A BILL
78	78	TO BE ENTITLED
79	79	AN ACT
80	80	Relating to medical examiners; to amend Section
81	81	22-19-85, Code of Alabama 1975, to provide that it is unlawful
82	82	for a medical examiner to retain a deceased person's organ or
83	83	organs in certain circumstances; and in connection therewith
84	84	would have as its purpose or effect the requirement of a new
85	85	or increased expenditure of local funds within the meaning of
86	86	Section 111.05 of the Constitution of Alabama of 2022.
87	87	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
88	88	Section 1. Section 22-19-85, Code of Alabama 1975, is
89	89	amended to read as follows:
90	90	"§22-19-85
91	91	(a) Unless directed otherwise by the Governor, the
92	92	Attorney General, a district attorney, or an order of a
93	93	circuit court judge, a medical examiner performing his or her
94	94	duties in any county in this state as provided under existing
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124	124	duties in any county in this state as provided under existing
125	125	law, including a medical examiner employed by the Department
126	126	of Forensic Sciences, shall notify the next of kin, through
127	127	the appropriate law enforcement agency, when retaining a
128	128	deceased person's entire organ or organs for additional
129	129	testing that is required to determine identification or the
130	130	cause or manner of death.
131	131	(b) A medical examiner performing his or her duties in
132	132	any county in this state as provided under existing law ,
133	133	including a medical examiner employed by the Department of
134	134	Forensic Sciences, is prohibited from retaining shall not
135	135	retain a deceased person's entire organ or organs for research
136	136	or any other purpose not in conjunction with a determination
137	137	of identification or cause or manner of death without
138	138	notification to, and approval by, the appropriate next of kin.
139	139	(c) A violation of this section is a Class C felony. "
140	140	Section 2. Although this bill would have as its purpose
141	141	or effect the requirement of a new or increased expenditure of
142	142	local funds, the bill is excluded from further requirements
143	143	and application under Section 111.05 of the Constitution of
144	144	Alabama of 2022, because the bill defines a new crime or
145	145	amends the definition of an existing crime.
146	146	Section 3. This act shall become effective on October
147	147	1, 2024.
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