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