HB200INTRODUCED
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HB200
9TZSMBB-1
By Representative England
RFD: Judiciary
First Read: 20-Feb-24
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5 9TZSMBB-1 02/20/2024 CNB (L)bm 2024-755
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First Read: 20-Feb-24
SYNOPSIS:
Under existing law, a medical examiner is
required to notify the next of kin if he or she retains
the organ or organs of a deceased person to determine
identification or the cause or manner of death.
Under existing law, a medical examiner may not
retain a deceased person's organ or organs for any
reason other than to determine identification or cause
or manner of death without notification and approval by
the next of kin.
This bill would provide that a medical examiner
commits a Class C felony if he or she retains a
deceased person's organ or organs without the
notification and consent of the next of kin in certain
circumstances.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
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the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the section. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the section.
A BILL
TO BE ENTITLED
AN ACT
Relating to medical examiners; to amend Section
22-19-85, Code of Alabama 1975, to provide that it is unlawful
for a medical examiner to retain a deceased person's organ or
organs in certain circumstances; and in connection therewith
would have as its purpose or effect the requirement of a new
or increased expenditure of local funds within the meaning of
Section 111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-19-85, Code of Alabama 1975, is
amended to read as follows:
"ยง22-19-85
(a) Unless directed otherwise by the Governor, the
Attorney General, a district attorney, or an order of a
circuit court judge, a medical examiner performing his or her
duties in any county in this state as provided under existing
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duties in any county in this state as provided under existing
law, including a medical examiner employed by the Department
of Forensic Sciences, shall notify the next of kin, through
the appropriate law enforcement agency, when retaining a
deceased person's entire organ or organs for additional
testing that is required to determine identification or the
cause or manner of death.
(b) A medical examiner performing his or her duties in
any county in this state as provided under existing law ,
including a medical examiner employed by the Department of
Forensic Sciences, is prohibited from retaining shall not
retain a deceased person's entire organ or organs for research
or any other purpose not in conjunction with a determination
of identification or cause or manner of death without
notification to, and approval by, the appropriate next of kin.
(c) A violation of this section is a Class C felony. "
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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