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| 4 | 6 | | |
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| 5 | 7 | | |
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| 6 | 8 | | |
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| 7 | 9 | | A BILL TO BE ENTITLED |
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| 8 | 10 | | AN ACT |
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| 9 | 11 | | relating to the confidentiality of certain autopsy records. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Section 11, Article 49.25, Code of Criminal |
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| 12 | 14 | | Procedure, is amended by amending Subsections (a) and (b) and |
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| 13 | 15 | | adding Subsections (b-1) and (b-2) to read as follows: |
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| 14 | 16 | | (a) The medical examiner shall keep full and complete |
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| 15 | 17 | | records properly indexed, giving the name if known of every person |
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| 16 | 18 | | whose death is investigated, the place where the body was found, the |
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| 17 | 19 | | date, and the cause and manner of death, and shall issue a death |
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| 18 | 20 | | certificate. The full report and detailed findings of the autopsy, |
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| 19 | 21 | | if any, shall be a part of the record. Copies of all records shall |
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| 20 | 22 | | promptly be delivered to the proper district, county, or criminal |
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| 21 | 23 | | district attorney in any case where further investigation is |
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| 22 | 24 | | advisable. The records may not be withheld, subject to a |
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| 23 | 25 | | discretionary exception under Chapter 552, Government Code, and |
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| 24 | 26 | | except as provided by Subsection (b). |
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| 25 | 27 | | (b) A [that a] photograph or x-ray of a body taken during an |
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| 26 | 28 | | autopsy is excepted from required public disclosure in accordance |
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| 27 | 29 | | with Chapter 552, Government Code, but is subject to disclosure: |
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| 28 | 30 | | (1) under a subpoena or authority of other law; [or] |
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| 29 | 31 | | (2) if the photograph or x-ray is of the body of a |
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| 30 | 32 | | person who died while in the custody of law enforcement; or |
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| 31 | 33 | | (3) to the next of kin of the deceased, subject to a |
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| 32 | 34 | | discretionary exception under Chapter 552, Government Code. |
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| 33 | 35 | | (b-1) [(b)] Under the exception to public disclosure |
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| 34 | 36 | | provided by Subsection (b) [(a)], a governmental body as defined by |
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| 35 | 37 | | Section 552.003, Government Code, may withhold a photograph or |
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| 36 | 38 | | x-ray described by that subsection [Subsection (a)] without |
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| 37 | 39 | | requesting a decision from the attorney general under Subchapter G, |
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| 38 | 40 | | Chapter 552, Government Code. This subsection does not affect the |
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| 39 | 41 | | required disclosure of a photograph or x-ray as otherwise required |
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| 40 | 42 | | by [under] Subsection (b) [(a)(1) or (2)]. |
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| 41 | 43 | | (b-2) A release of a photograph or x-ray described by |
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| 42 | 44 | | Subsection (b) is not considered a release of information to the |
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| 43 | 45 | | public for purposes of Section 552.007, Government Code, and does |
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| 44 | 46 | | not waive the right to assert in the future that the photograph or |
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| 45 | 47 | | x-ray is excepted from required disclosure under this section or |
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| 46 | 48 | | other law. |
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| 47 | 49 | | SECTION 2. The changes in law made by this Act apply only to |
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| 48 | 50 | | a request for information that is received by a governmental body or |
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| 49 | 51 | | an officer for public information on or after the effective date of |
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| 50 | 52 | | this Act. A request for information that was received before the |
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| 51 | 53 | | effective date of this Act is governed by the law in effect on the |
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| 52 | 54 | | date the request was received, and the former law is continued in |
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| 53 | 55 | | effect for that purpose. |
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| 54 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
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