Texas 2009 - 81st Regular

Texas House Bill HB4305 Compare Versions

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

Old	New	Differences
1	1	By: Kent H.B. No. 4305
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a prohibition against performing or ordering the
7	7	performance of an autopsy contrary to a decedent's religious
8	8	beliefs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 49, Code of Criminal Procedure, is
11	11	amended by adding Subchapter C to read as follows:
12	12	SUBCHAPTER C. AUTOPSY CONTRARY TO DECEDENT'S RELIGIOUS BELIEFS
13	13	Art. 49.26. EXISTENCE OF COMPELLING PUBLIC NECESSITY. For
14	14	purposes of this subchapter, a compelling public necessity for the
15	15	performance of an autopsy contrary to a decedent's religious
16	16	beliefs exists if:
17	17	(1) the autopsy is essential to the criminal
18	18	investigation of a homicide of which the decedent is the victim;
19	19	(2) the discovery of the cause of death is necessary to
20	20	meet an immediate and substantial threat to the public health and an
21	21	autopsy is essential to ascertain the cause of death;
22	22	(3) the cause of death of the decedent is not apparent
23	23	after diligent investigation by the justice of the peace or medical
24	24	examiner and the decedent:
25	25	(A) was younger than 12 years of age at the time
26	26	of death; and
27	27	(B) was suspected of having been abused or
28	28	neglected or of being a threat to public health; or
29	29	(4) the need for an autopsy is otherwise established
30	30	by the justice of the peace or medical examiner under Article 49.29.
31	31	Art. 49.27. PROHIBITION AGAINST AUTOPSY CONTRARY TO
32	32	DECEDENT'S RELIGIOUS BELIEFS. Unless there is a compelling public
33	33	necessity for an autopsy, a justice of the peace or a medical
34	34	examiner may not perform or order the performance of an autopsy on a
35	35	decedent if:
36	36	(1) a member of the decedent's immediate family files
37	37	an objection to the autopsy on the grounds that the autopsy would be
38	38	contrary to the religious beliefs of the decedent; or
39	39	(2) there is an obvious reason for the justice of the
40	40	peace or medical examiner to believe that an autopsy would be
41	41	contrary to the decedent's religious beliefs.
42	42	Art. 49.28. WAITING PERIOD TO ALLOW ACTION TO PREVENT
43	43	AUTOPSY. (a) If an objection is filed under Article 49.27(1) or
44	44	there is an obvious reason to believe that an autopsy would be
45	45	contrary to the decedent's religious beliefs as described by
46	46	Article 49.27(2), but the justice of the peace or medical examiner
47	47	believes that there is a compelling public necessity for an autopsy
48	48	under Article 49.26(1), (2), or (3), the justice of the peace or
49	49	medical examiner shall:
50	50	(1) send notice of the intent of the justice of the
51	51	peace or medical examiner to perform or order the performance of an
52	52	autopsy on the decedent to:
53	53	(A) the family member or friend who filed the
54	54	objection to the autopsy; or
55	55	(B) if no objection was filed but there is an
56	56	obvious reason to believe that the autopsy would be contrary to the
57	57	decedent's religious beliefs, to a person appointed by a district
58	58	court for that purpose; and
59	59	(2) refrain from performing or ordering the
60	60	performance of the autopsy until the expiration of the 48-hour
61	61	period following the time that notice is received under Subdivision
62	62	(1).
63	63	(b) During the waiting period described by Subsection
64	64	(a)(2), the objecting person or person appointed by the court may
65	65	institute an action in district court to determine whether an
66	66	autopsy should be performed.
67	67	(c) The court may dispense with the waiting period on an ex
68	68	parte motion by the justice of the peace or medical examiner if the
69	69	court determines that the delay may prejudice the accuracy of the
70	70	autopsy.
71	71	Art. 49.29. ACTION BY JUSTICE OF PEACE OR MEDICAL EXAMINER
72	72	FOR ORDER AUTHORIZING AUTOPSY. If an objection is filed under
73	73	Article 49.27(1) or there is an obvious reason to believe that an
74	74	autopsy would be contrary to the decedent's religious beliefs as
75	75	described by Article 49.27(2), but the justice of the peace or
76	76	medical examiner believes that there is a compelling public
77	77	necessity for an autopsy not provided for under Article 49.26(1),
78	78	(2), or (3), the justice of the peace or medical examiner may
79	79	institute an action in district court for an order authorizing the
80	80	autopsy.
81	81	Art. 49.30. COURT PROCEEDING TO DETERMINE NECESSITY OF
82	82	AUTOPSY. (a) An action brought under this subchapter has
83	83	preference over all other cases and shall be determined summarily
84	84	on the petition and any oral or written proof offered by the
85	85	parties.
86	86	(b) In an action under Article 49.28(b) or 49.29, the court
87	87	shall issue an order authorizing an autopsy only if the court finds
88	88	that:
89	89	(1) the justice of the peace or medical examiner
90	90	establishes a compelling public necessity for the performance of
91	91	the autopsy; or
92	92	(2) the objecting person or person appointed by the
93	93	court fails to swear or affirm that an autopsy would be contrary to
94	94	the decedent's religious beliefs.
95	95	(c) A justice of the peace or medical examiner may not
96	96	perform or order the performance of an autopsy on the decedent while
97	97	the action under Article 49.28(b) or 49.29 is pending.
98	98	Art. 49.31. RELEASE OF BODY FOR BURIAL. If a district court
99	99	denies permission to perform an autopsy under this subchapter and a
100	100	stay is not granted, the justice of the peace or medical examiner
101	101	shall immediately release the body for burial.
102	102	Art. 49.32. INVASIVENESS OF AUTOPSY. A medical examiner or
103	103	other person who performs an autopsy in accordance with an order
104	104	issued under this subchapter shall use the least invasive means
105	105	possible to satisfy the person's legal duties in conducting the
106	106	autopsy.
107	107	SECTION 2. The change in law made by this Act applies only
108	108	to an autopsy to be performed on a person who dies on or after the
109	109	effective date of this Act. An autopsy to be performed on a person
110	110	who dies before the effective date of this Act is governed by the
111	111	law in effect when the person dies, and the former law is continued
112	112	in effect for that purpose.
113	113	SECTION 3. This Act takes effect September 1, 2009.