Texas Senate Bill SB239

Texas 2017 - 85th Regular

• Filed: 11/16/16

Caption

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

Impact

If enacted, SB239 will amend Chapter 49 of the Code of Criminal Procedure to formally recognize and safeguard a parent's right to see their deceased child before the autopsy. This change could have significant implications for the protocol followed by medical examiners and law enforcement when dealing with child fatalities. It may lead to a more empathetic approach in handling cases involving minors, by ensuring that the interests of the parents are considered during critical moments of loss and grief, thus potentially setting a compassionate precedent in state legislation regarding child death inquiries.

Summary

SB239 aims to establish a legal framework for a parent's right to view the body of a deceased child prior to an autopsy being performed. The bill stipulates that parents are entitled to a viewing at specified locations, such as hospitals, as long as control has not yet passed to the justice of the peace or medical examiner. This legislative proposal seeks to address the emotional needs of parents during a profoundly distressing time and provides clarity on procedural rights regarding child death investigations. The purpose of the bill is to ensure that grieving parents have the opportunity to say their final goodbyes to their children, which is often a critical aspect of the grieving process.

Sentiment

The overall sentiment surrounding SB239 appears to be supportive, as it reflects a compassionate legislative intent to address the needs of grieving parents. Testimonies from advocates for parental rights convey approval of the bill, emphasizing the importance of allowing parents the opportunity to view their deceased children as part of the mourning process. Nevertheless, there may be some concerns regarding the potential logistical challenges and oversight aspects in ensuring that the viewings are managed appropriately, particularly in cases that require significant security or legal protocol due to the nature of the child's death.

Contention

While there seems to be general support for the bill, notable points of contention may arise around the specific conditions under which a viewing can take place and the resources required to supervise the viewing if necessary, especially in cases involving suspicious circumstances. Some may argue that regulations should be strict enough to protect the integrity of the investigation while balancing it with a parent's emotional needs. This duality presents a potential challenge in implementation, as lawmakers and stakeholders will need to find common ground to ensure that both the mandate of justice and the rights of parents are respected.