Relating to the confidentiality of certain autopsy records.
Impact
The bill's passage would primarily impact the operation of the state’s medical examiners and police departments by modifying how they handle autopsy materials. This shift aims to strengthen the confidentiality of sensitive materials, potentially protecting the privacy of families and individuals involved in law enforcement incidents. By clarifying the conditions under which autopsy records may be shared, the legislation could help prevent the unauthorized release of potentially distressing images that could further traumatize surviving family members.
Summary
House Bill 688 seeks to amend the Code of Criminal Procedure in Texas regarding the confidentiality of certain autopsy records. The main thrust of the bill is to add specificity about the disclosure of photographs and x-rays taken during autopsies, particularly when the decedent was in law enforcement custody. It stipulates that such materials can be withheld from public disclosure unless they fall under specified exceptions, such as being disclosed under subpoena or other lawful authority.
Contention
Notable points of contention surrounding HB 688 likely involve the balance of public interest against individual privacy rights. Proponents of the bill argue that it protects the dignity and rights of the deceased and their families, while critics might contend that increased confidentiality could hinder transparency in cases where wrongful death or police misconduct is alleged. The discussions may also delve into how much access the public should have to information that could hold officials accountable or inform them about critical incidents.
Implementation
The bill specifies that its changes would only apply to requests for information received after the effective date, creating a clear transition period where the old laws will still apply to any requests made before the changes take effect. This ensures continuity in the enforcement of existing regulations until the new provisions come into force on September 1, 2013.
Relating to the confidentiality of and discovery procedures relating to certain material regarding the protection or security of a witness; creating a criminal offense.
Relating to preventing racial profiling and to video and audio equipment and recordings of certain law enforcement motor vehicle stops; creating an offense.
Relating to the confidentiality of certain records containing applicant or student information that are held by the Texas Higher Education Coordinating Board.