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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11 HB200INTRODUCED
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33 HB200
44 9TZSMBB-1
55 By Representative England
66 RFD: Judiciary
77 First Read: 20-Feb-24
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1212 5 9TZSMBB-1 02/20/2024 CNB (L)bm 2024-755
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1414 First Read: 20-Feb-24
1515 SYNOPSIS:
1616 Under existing law, a medical examiner is
1717 required to notify the next of kin if he or she retains
1818 the organ or organs of a deceased person to determine
1919 identification or the cause or manner of death.
2020 Under existing law, a medical examiner may not
2121 retain a deceased person's organ or organs for any
2222 reason other than to determine identification or cause
2323 or manner of death without notification and approval by
2424 the next of kin.
2525 This bill would provide that a medical examiner
2626 commits a Class C felony if he or she retains a
2727 deceased person's organ or organs without the
2828 notification and consent of the next of kin in certain
2929 circumstances.
3030 Section 111.05 of the Constitution of Alabama of
3131 2022, prohibits a general law whose purpose or effect
3232 would be to require a new or increased expenditure of
3333 local funds from becoming effective with regard to a
3434 local governmental entity without enactment by a 2/3
3535 vote unless: it comes within one of a number of
3636 specified exceptions; it is approved by the affected
3737 entity; or the Legislature appropriates funds, or
3838 provides a local source of revenue, to the entity for
3939 the purpose.
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6969 the purpose.
7070 The purpose or effect of this bill would be to
7171 require a new or increased expenditure of local funds
7272 within the meaning of the section. However, the bill
7373 does not require approval of a local governmental
7474 entity or enactment by a 2/3 vote to become effective
7575 because it comes within one of the specified exceptions
7676 contained in the section.
7777 A BILL
7878 TO BE ENTITLED
7979 AN ACT
8080 Relating to medical examiners; to amend Section
8181 22-19-85, Code of Alabama 1975, to provide that it is unlawful
8282 for a medical examiner to retain a deceased person's organ or
8383 organs in certain circumstances; and in connection therewith
8484 would have as its purpose or effect the requirement of a new
8585 or increased expenditure of local funds within the meaning of
8686 Section 111.05 of the Constitution of Alabama of 2022.
8787 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8888 Section 1. Section 22-19-85, Code of Alabama 1975, is
8989 amended to read as follows:
9090 "ยง22-19-85
9191 (a) Unless directed otherwise by the Governor, the
9292 Attorney General, a district attorney, or an order of a
9393 circuit court judge, a medical examiner performing his or her
9494 duties in any county in this state as provided under existing
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124124 duties in any county in this state as provided under existing
125125 law, including a medical examiner employed by the Department
126126 of Forensic Sciences, shall notify the next of kin, through
127127 the appropriate law enforcement agency, when retaining a
128128 deceased person's entire organ or organs for additional
129129 testing that is required to determine identification or the
130130 cause or manner of death.
131131 (b) A medical examiner performing his or her duties in
132132 any county in this state as provided under existing law ,
133133 including a medical examiner employed by the Department of
134134 Forensic Sciences, is prohibited from retaining shall not
135135 retain a deceased person's entire organ or organs for research
136136 or any other purpose not in conjunction with a determination
137137 of identification or cause or manner of death without
138138 notification to, and approval by, the appropriate next of kin.
139139 (c) A violation of this section is a Class C felony. "
140140 Section 2. Although this bill would have as its purpose
141141 or effect the requirement of a new or increased expenditure of
142142 local funds, the bill is excluded from further requirements
143143 and application under Section 111.05 of the Constitution of
144144 Alabama of 2022, because the bill defines a new crime or
145145 amends the definition of an existing crime.
146146 Section 3. This act shall become effective on October
147147 1, 2024.
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