Texas Senate Bill SB1086

Texas 2015 - 84th Regular

Caption

Relating to a parent's right to view the body of a deceased child before an autopsy is performed.

Impact

The introduction of SB1086 represents a significant addition to the Texas Code of Criminal Procedure, specifically focusing on the rights of parents in sensitive situations surrounding a child's death. By asserting the right to view their child's body, the bill addresses concerns of parental grief and closure while also delineating procedures that law enforcement and courts must follow if there are suspicions regarding the child’s death. The law aims to ensure that, should a parent not be deemed a suspect, they retain the ability to seek physical closure with their deceased child, thereby promoting family rights within legal frameworks.

Summary

SB1086 is a bill that establishes the rights of parents to view the body of their deceased child prior to the performance of an autopsy, barring any legal restrictions. The legislation articulates that parents have the right to view their child’s body unless a court order is obtained by the prosecuting attorney or the Department of Family and Protective Services, which can prevent such viewing under specific circumstances. This proposal aims to balance parental rights while ensuring that legal investigations into a child’s death can proceed without undue interference.

Sentiment

The sentiment around SB1086 is likely to be generally supportive from advocates for parental rights, as it provides a necessary avenue for parents facing the grief of losing a child. There may be some contention among legal authorities who fear that this could hinder investigations. This duality of sentiment reflects the struggle between ensuring parental rights and overseeing the crucial investigative processes that protect child welfare and justice.

Contention

While SB1086 enshrines important rights for parents, it also raises questions about the balance between those rights and the need for thorough investigations into potential child abuse or homicide. Critics could argue that, in cases where a parent is a suspect, allowing immediate viewing might complicate investigative processes or compromise evidence. This tension highlights the primary contention surrounding the bill—the need for parental rights to be safeguarded while also upholding the integrity of legal investigations into a child's death.