| 1 | 1 | | By: Rodriguez S.B. No. 457 |
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| 2 | 2 | | (Marquez) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confidentiality of certain autopsy records. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11, Article 49.25, Code of Criminal |
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| 10 | 10 | | Procedure, is amended to read as follows: |
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| 11 | 11 | | Sec. 11. RECORDS. (a) The medical examiner shall keep |
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| 12 | 12 | | full and complete records properly indexed, giving the name if |
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| 13 | 13 | | known of every person whose death is investigated, the place where |
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| 14 | 14 | | the body was found, the date, the cause and manner of death, and |
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| 15 | 15 | | shall issue a death certificate. The full report and detailed |
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| 16 | 16 | | findings of the autopsy, if any, shall be a part of the record. |
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| 17 | 17 | | Copies of all records shall promptly be delivered to the proper |
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| 18 | 18 | | district, county, or criminal district attorney in any case where |
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| 19 | 19 | | further investigation is advisable. The records may not be |
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| 20 | 20 | | withheld, subject to a discretionary exception under [are subject |
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| 21 | 21 | | to required public disclosure in accordance with] Chapter 552, |
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| 22 | 22 | | Government Code, except that a photograph or x-ray of a body taken |
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| 23 | 23 | | during an autopsy is excepted from required public disclosure in |
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| 24 | 24 | | accordance with Chapter 552, Government Code, but is subject to |
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| 25 | 25 | | disclosure: |
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| 26 | 26 | | (1) under a subpoena or authority of other law; or |
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| 27 | 27 | | (2) if the photograph or x-ray is of the body of a |
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| 28 | 28 | | person who died while in the custody of law enforcement. |
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| 29 | 29 | | (b) Under the exception to public disclosure provided by |
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| 30 | 30 | | Subsection (a), a governmental body as defined by Section 552.003, |
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| 31 | 31 | | Government Code, may withhold a photograph or x-ray described by |
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| 32 | 32 | | Subsection (a) without requesting a decision from the attorney |
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| 33 | 33 | | general under Subchapter G, Chapter 552, Government Code. This |
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| 34 | 34 | | subsection does not affect the required disclosure of a photograph |
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| 35 | 35 | | or x-ray under Subsection (a)(1) or (2). |
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| 36 | 36 | | SECTION 2. The changes in law made by this Act apply only to |
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| 37 | 37 | | a request for information that is received by a governmental body or |
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| 38 | 38 | | an officer for public information on or after the effective date of |
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| 39 | 39 | | this Act. A request for information that was received before the |
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| 40 | 40 | | effective date of this Act is governed by the law in effect on the |
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| 41 | 41 | | date the request was received, and the former law is continued in |
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| 42 | 42 | | effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2013. |
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