| 1 | 1 | | 84R31591 KJE-D |
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| 2 | 2 | | By: Campbell S.B. No. 1086 |
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| 3 | 3 | | (White of Tyler) |
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| 4 | 4 | | Substitute the following for S.B. No. 1086: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a parent's right to view the body of a deceased child |
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| 10 | 10 | | before an autopsy is performed. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 49, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subchapter D to read as follows: |
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| 14 | 14 | | SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD |
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| 15 | 15 | | Art. 49.51. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Child" means a person younger than 18 years of |
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| 17 | 17 | | age. |
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| 18 | 18 | | (2) "Parent" has the meaning assigned by Section |
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| 19 | 19 | | 160.102(11), Family Code. |
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| 20 | 20 | | Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD. (a) |
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| 21 | 21 | | Except as provided by Subsection (b), a parent of a deceased child |
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| 22 | 22 | | whose death occurred at a hospital or other institution is entitled |
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| 23 | 23 | | to view the child's body, if practicable, before the body is |
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| 24 | 24 | | examined by a justice of the peace or the medical examiner, as |
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| 25 | 25 | | applicable, for the county in which the death occurred. |
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| 26 | 26 | | (b) A parent of a deceased child whose death did not occur at |
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| 27 | 27 | | a hospital or other institution may not view or otherwise have |
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| 28 | 28 | | contact with the child's body after a justice of the peace or |
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| 29 | 29 | | medical examiner described by Subsection (a) assumes control over |
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| 30 | 30 | | the body under Subchapter A or B, as applicable, unless the parent |
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| 31 | 31 | | first obtains the consent of the justice of the peace or medical |
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| 32 | 32 | | examiner or a person acting on behalf of the justice of the peace or |
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| 33 | 33 | | medical examiner. |
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| 34 | 34 | | (c) A viewing under Subsection (b) must be supervised by a |
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| 35 | 35 | | physician, registered nurse, or licensed vocational nurse or by the |
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| 36 | 36 | | justice of the peace or the medical examiner or a person acting on |
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| 37 | 37 | | behalf of the justice of the peace or medical examiner. |
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| 38 | 38 | | (d) A person may not remove a medical device from the |
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| 39 | 39 | | child's body or otherwise alter the condition of the body for |
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| 40 | 40 | | purposes of conducting a viewing under this article unless the |
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| 41 | 41 | | person first obtains the consent of the justice of the peace or |
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| 42 | 42 | | medical examiner or a person acting on behalf of the justice of the |
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| 43 | 43 | | peace or medical examiner. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2015. |
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