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| 46 | 49 | | |
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| 47 | 50 | | |
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| 48 | 51 | | |
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| 49 | 52 | | |
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| 50 | 53 | | An Act |
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| 51 | 54 | | |
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| 52 | 55 | | |
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| 53 | 56 | | |
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| 54 | 57 | | amending sections 11-441 and 36-850, Arizona Revised Statutes; relating to search and rescue. |
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| 55 | 58 | | |
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| 56 | 59 | | |
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| 57 | 60 | | |
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| 58 | 61 | | |
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| 59 | 62 | | |
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| 60 | 63 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 61 | 64 | | |
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| 62 | 65 | | |
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| 63 | 66 | | |
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| 64 | 67 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-441, Arizona Revised Statutes, is amended to read: START_STATUTE11-441. Powers and duties A. The sheriff shall: 1. Preserve the peace. 2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense. 3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections which that may come to the knowledge of the sheriff. 4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge, and obey lawful orders and directions issued by the judge. 5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail. 6. Endorse upon on all process and notices the year, month, day, hour and minute of reception, and issue to the person delivering it the process or notice, on payment of fees, a certificate showing the names of the parties, the title of the paper and the time of reception. 7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand upon on the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit it the envelope postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return. 8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person. B. The sheriff, may in the execution of executing the duties prescribed in subsection A, paragraphs 1 through 4 of this section, may command the aid of as many inhabitants of the county as the sheriff deems necessary. C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person, or may assist in such operations in another county at the request of that county's sheriff. , and the sheriff may request assistance from any persons or agencies in the fulfillment of fulfilling duties under this subsection. A search and rescue unit established or recognized by a county may possess human remains as defined in section 36-301 for the purpose of training canines used for search and rescue work. The sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit. Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of and the possession and disposal of human remains kept for the purpose of training search and rescue canines. D. The sheriff, in the execution of executing the duties prescribed in this section, may request the aid of volunteer posse and reserve organizations located in the county. E. The sheriff may assist in the execution of executing the duties prescribed in this section in another county at the request of that county's sheriff. F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release. G. The board of supervisors of a county bordering the Republic of Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into the Republic of Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from a the minor's parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection shall does not be construed to limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection. H. Notwithstanding section 13-3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty. END_STATUTE Sec. 2. Section 36-850, Arizona Revised Statutes, is amended to read: START_STATUTE36-850. Persons who may receive anatomical gifts; purpose of anatomical gift A. An anatomical gift may be made to the following named in the document of gift: 1. An organ procurement organization. 2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or education. 3. a search and rescue unit established or recognized by any federal, state, county or local governmental entity to train search and rescue canines. 3. 4. Subject to the requirements of subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part. 4. 5. An eye bank or a tissue bank. B. If an anatomical gift to an individual pursuant to subsection A, paragraph 3 4 of this section cannot be transplanted into the individual, the part passes pursuant to subsection G of this section in the absence of an express contrary indication by the person making the anatomical gift. C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A of this section but that identifies the purpose for which an anatomical gift may be used, the gift passes: 1. To the appropriate eye bank if the part is an eye and the gift is for the purpose of transplantation or therapy. 2. To the appropriate tissue bank if the part is tissue and the gift is for the purpose of transplantation or therapy. 3. To the organ procurement organization as custodian of the organ if the part is an organ and the gift is for the purpose of transplantation or therapy. 4. To the appropriate procurement organization if the part is an organ, an eye or tissue and the gift is for the purpose of research or education. 5. To the sheriff of the county in which the gift was made, who may transfer the gift to any canine search and rescue unit established or recognized by any federal, state, county or local governmental entity, and the gift is for the purpose of training search and rescue canines. D. For the purposes of subsection C of this section, if there is more than one purpose of an anatomical gift stated in the document of gift but the purposes are not stated in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education or for training search and rescue canines. E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section. F. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor" or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section. G. For the purposes of subsections B, E and F of this section: 1. If the part is an eye, the gift passes to the appropriate eye bank. 2. If the part is tissue, the gift passes to the appropriate tissue bank. 3. If the part is an organ, the gift passes to the organ procurement organization as custodian of the organ. H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to subsection A, paragraph 3 4 of this section, passes to the organ procurement organization as custodian of the organ. I. If an anatomical gift does not pass pursuant to subsection A, B, C, D, E, F, G or H of this section or the decedent's body or part is not used for transplantation, therapy, research or education or for training search and rescue canines, custody of the body or part passes to the person who is under an obligation to dispose of the body or part pursuant to section 36-831. J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to section 36-844 or 36-849 or if the person knows that the decedent made a refusal pursuant to section 36-846 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made in a document of gift, the person is deemed to know of any amendment of the gift, revocation of the gift or refusal to make an anatomical gift in the same document of gift. K. Except as otherwise provided in subsection A, paragraph 3 4 of this section, this article does not affect the allocation of organs for transplantation or therapy. |
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| 65 | 68 | | |
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| 66 | 69 | | Be it enacted by the Legislature of the State of Arizona: |
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| 67 | 70 | | |
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| 68 | 71 | | Section 1. Section 11-441, Arizona Revised Statutes, is amended to read: |
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| 69 | 72 | | |
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| 70 | 73 | | START_STATUTE11-441. Powers and duties |
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| 71 | 74 | | |
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| 72 | 75 | | A. The sheriff shall: |
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| 73 | 76 | | |
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| 74 | 77 | | 1. Preserve the peace. |
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| 75 | 78 | | |
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| 76 | 79 | | 2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense. |
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| 77 | 80 | | |
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| 78 | 81 | | 3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections which that may come to the knowledge of the sheriff. |
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| 79 | 82 | | |
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| 80 | 83 | | 4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge, and obey lawful orders and directions issued by the judge. |
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| 81 | 84 | | |
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| 82 | 85 | | 5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail. |
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| 83 | 86 | | |
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| 84 | 87 | | 6. Endorse upon on all process and notices the year, month, day, hour and minute of reception, and issue to the person delivering it the process or notice, on payment of fees, a certificate showing the names of the parties, the title of the paper and the time of reception. |
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| 85 | 88 | | |
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| 86 | 89 | | 7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand upon on the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit it the envelope postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return. |
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| 87 | 90 | | |
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| 88 | 91 | | 8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person. |
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| 89 | 92 | | |
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| 90 | 93 | | B. The sheriff, may in the execution of executing the duties prescribed in subsection A, paragraphs 1 through 4 of this section, may command the aid of as many inhabitants of the county as the sheriff deems necessary. |
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| 91 | 94 | | |
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| 92 | 95 | | C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person, or may assist in such operations in another county at the request of that county's sheriff. , and the sheriff may request assistance from any persons or agencies in the fulfillment of fulfilling duties under this subsection. A search and rescue unit established or recognized by a county may possess human remains as defined in section 36-301 for the purpose of training canines used for search and rescue work. The sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit. Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of and the possession and disposal of human remains kept for the purpose of training search and rescue canines. |
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| 93 | 96 | | |
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| 94 | 97 | | D. The sheriff, in the execution of executing the duties prescribed in this section, may request the aid of volunteer posse and reserve organizations located in the county. |
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| 95 | 98 | | |
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| 96 | 99 | | E. The sheriff may assist in the execution of executing the duties prescribed in this section in another county at the request of that county's sheriff. |
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| 97 | 100 | | |
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| 98 | 101 | | F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release. |
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| 99 | 102 | | |
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| 100 | 103 | | G. The board of supervisors of a county bordering the Republic of Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into the Republic of Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from a the minor's parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection shall does not be construed to limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection. |
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| 101 | 104 | | |
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| 102 | 105 | | H. Notwithstanding section 13-3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty. END_STATUTE |
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| 103 | 106 | | |
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| 104 | 107 | | Sec. 2. Section 36-850, Arizona Revised Statutes, is amended to read: |
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| 105 | 108 | | |
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| 106 | 109 | | START_STATUTE36-850. Persons who may receive anatomical gifts; purpose of anatomical gift |
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| 107 | 110 | | |
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| 108 | 111 | | A. An anatomical gift may be made to the following named in the document of gift: |
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| 109 | 112 | | |
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| 110 | 113 | | 1. An organ procurement organization. |
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| 111 | 114 | | |
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| 112 | 115 | | 2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or education. |
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| 113 | 116 | | |
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| 114 | 117 | | 3. a search and rescue unit established or recognized by any federal, state, county or local governmental entity to train search and rescue canines. |
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| 115 | 118 | | |
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| 116 | 119 | | 3. 4. Subject to the requirements of subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part. |
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| 117 | 120 | | |
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| 118 | 121 | | 4. 5. An eye bank or a tissue bank. |
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| 119 | 122 | | |
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| 120 | 123 | | B. If an anatomical gift to an individual pursuant to subsection A, paragraph 3 4 of this section cannot be transplanted into the individual, the part passes pursuant to subsection G of this section in the absence of an express contrary indication by the person making the anatomical gift. |
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| 121 | 124 | | |
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| 122 | 125 | | C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A of this section but that identifies the purpose for which an anatomical gift may be used, the gift passes: |
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| 123 | 126 | | |
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| 124 | 127 | | 1. To the appropriate eye bank if the part is an eye and the gift is for the purpose of transplantation or therapy. |
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| 125 | 128 | | |
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| 126 | 129 | | 2. To the appropriate tissue bank if the part is tissue and the gift is for the purpose of transplantation or therapy. |
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| 127 | 130 | | |
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| 128 | 131 | | 3. To the organ procurement organization as custodian of the organ if the part is an organ and the gift is for the purpose of transplantation or therapy. |
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| 129 | 132 | | |
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| 130 | 133 | | 4. To the appropriate procurement organization if the part is an organ, an eye or tissue and the gift is for the purpose of research or education. |
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| 131 | 134 | | |
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| 132 | 135 | | 5. To the sheriff of the county in which the gift was made, who may transfer the gift to any canine search and rescue unit established or recognized by any federal, state, county or local governmental entity, and the gift is for the purpose of training search and rescue canines. |
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| 133 | 136 | | |
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| 134 | 137 | | D. For the purposes of subsection C of this section, if there is more than one purpose of an anatomical gift stated in the document of gift but the purposes are not stated in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education or for training search and rescue canines. |
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| 135 | 138 | | |
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| 136 | 139 | | E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section. |
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| 137 | 140 | | |
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| 138 | 141 | | F. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor" or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section. |
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| 139 | 142 | | |
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| 140 | 143 | | G. For the purposes of subsections B, E and F of this section: |
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| 141 | 144 | | |
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| 142 | 145 | | 1. If the part is an eye, the gift passes to the appropriate eye bank. |
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| 143 | 146 | | |
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| 144 | 147 | | 2. If the part is tissue, the gift passes to the appropriate tissue bank. |
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| 145 | 148 | | |
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| 146 | 149 | | 3. If the part is an organ, the gift passes to the organ procurement organization as custodian of the organ. |
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| 147 | 150 | | |
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| 148 | 151 | | H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to subsection A, paragraph 3 4 of this section, passes to the organ procurement organization as custodian of the organ. |
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| 149 | 152 | | |
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| 150 | 153 | | I. If an anatomical gift does not pass pursuant to subsection A, B, C, D, E, F, G or H of this section or the decedent's body or part is not used for transplantation, therapy, research or education or for training search and rescue canines, custody of the body or part passes to the person who is under an obligation to dispose of the body or part pursuant to section 36-831. |
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| 151 | 154 | | |
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| 152 | 155 | | J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to section 36-844 or 36-849 or if the person knows that the decedent made a refusal pursuant to section 36-846 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made in a document of gift, the person is deemed to know of any amendment of the gift, revocation of the gift or refusal to make an anatomical gift in the same document of gift. |
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| 153 | 156 | | |
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| 154 | 157 | | K. Except as otherwise provided in subsection A, paragraph 3 4 of this section, this article does not affect the allocation of organs for transplantation or therapy. |
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