Texas 2021 - 87th Regular

Texas House Bill HB2357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2357
	1	+	By: Reynolds (Senate Sponsor - Miles) H.B. No. 2357
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 22, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to an exception from required disclosure of information
6		-	related to certain crime victims and the release to certain
7		-	entities of autopsy reports of deceased persons.
	12	+	related to certain crime victims.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 11, Article 49.25, Code of Criminal
10		-	Procedure, is amended by adding Subsection (c) to read as follows:
11		-	(c) The medical examiner may release a copy of an autopsy
12		-	report of a deceased person to any organ and tissue procurement
13		-	organization, hospital, or other covered entity as defined by
14		-	Section 181.001, Health and Safety Code, that treated the deceased
15		-	person before death or procured any anatomical gift from the body of
16		-	the deceased person. The release of a report under this subsection
17		-	is not considered a disclosure under Chapter 552, Government Code.
18		-	A report obtained under this subsection is confidential and not
19		-	subject to disclosure under Chapter 552, Government Code.
20		-	SECTION 2. Subchapter C, Chapter 552, Government Code, is
	14	+	SECTION 1. Subchapter C, Chapter 552, Government Code, is
21	15		amended by adding Section 552.1315 to read as follows:
22	16		Sec. 552.1315. EXCEPTION: CONFIDENTIALITY OF CERTAIN CRIME
23	17		VICTIM RECORDS. (a) Information is confidential and excepted from
24	18		the requirements of Section 552.021 if the information identifies
25	19		an individual as:
26	20		(1) a victim of:
27	21		(A) an offense under Section 20A.02, 20A.03,
28	22		21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code; or
29	23		(B) an offense that is part of the same criminal
30	24		episode, as defined by Section 3.01, Penal Code, as an offense
31	25		described by Paragraph (A); or
32	26		(2) a victim of any criminal offense, if the victim was
33	27		younger than 18 years of age when any element of the offense was
34	28		committed.
35	29		(b) Notwithstanding Subsection (a), information under this
36	30		section may be disclosed:
37	31		(1) to any victim identified by the information, or to
38	32		the parent or guardian of a victim described by Subsection (a)(2)
39	33		who is identified by the information;
40	34		(2) to a law enforcement agency for investigative
41	35		purposes; or
42	36		(3) in accordance with a court order requiring the
43	37		disclosure.
44		-	SECTION 3. The change in law made by this Act applies to a
	38	+	SECTION 2. The change in law made by this Act applies to a
45	39		request for information that is received by a governmental body or
46	40		an officer for public information on or after the effective date of
47	41		this Act. A request for information that was received before the
48	42		effective date of this Act is governed by the law in effect on the
49	43		date the request was received, and the former law is continued in
50	44		effect for that purpose.
51		-	SECTION 4. This Act takes effect immediately if it receives
	45	+	SECTION 3. This Act takes effect immediately if it receives
52	46		a vote of two-thirds of all the members elected to each house, as
53	47		provided by Section 39, Article III, Texas Constitution. If this
54	48		Act does not receive the vote necessary for immediate effect, this
55	49		Act takes effect September 1, 2021.
56		-	______________________________ ______________________________
57		-	President of the Senate Speaker of the House
58		-	I certify that H.B. No. 2357 was passed by the House on May
59		-	11, 2021, by the following vote: Yeas 135, Nays 8, 2 present, not
60		-	voting; and that the House concurred in Senate amendments to H.B.
61		-	No. 2357 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
62		-	1 present, not voting.
63		-	______________________________
64		-	Chief Clerk of the House
65		-	I certify that H.B. No. 2357 was passed by the Senate, with
66		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
67		-	0.
68		-	______________________________
69		-	Secretary of the Senate
70		-	APPROVED: __________________
71		-	Date
72		-	__________________
73		-	Governor
	50	+	* * * * *