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A BILL TO BE ENTITLED
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AN ACT
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relating to a parent's right to view the body of a deceased child |
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before an autopsy is performed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 49, Code of Criminal Procedure, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD |
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Art. 49.51. DEFINITIONS. In this subchapter: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Parent" has the meaning assigned by Section |
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160.102(11), Family Code. |
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Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD. (a) |
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Except as provided by Subsection (b), a parent of a deceased child |
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whose death occurred at a hospital or other institution is entitled |
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to view the child's body, if practicable, before the body is |
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examined by a justice of the peace or the medical examiner, as |
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applicable, for the county in which the death occurred. |
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(b) A parent of a deceased child whose death did not occur at |
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a hospital or other institution may not view or otherwise have |
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contact with the child's body after a justice of the peace or |
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medical examiner described by Subsection (a) assumes control over |
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the body under Subchapter A or B, as applicable, unless the parent |
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first obtains the consent of the justice of the peace or medical |
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examiner or a person acting on behalf of the justice of the peace or |
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medical examiner. |
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(c) A viewing under Subsection (b) must be supervised by a |
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physician, registered nurse, or licensed vocational nurse or by the |
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justice of the peace or the medical examiner or a person acting on |
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behalf of the justice of the peace or medical examiner. |
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(d) A person may not remove a medical device from the |
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child's body or otherwise alter the condition of the body for |
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purposes of conducting a viewing under this article unless the |
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person first obtains the consent of the justice of the peace or |
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medical examiner or a person acting on behalf of the justice of the |
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peace or medical examiner. |
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SECTION 2. This Act takes effect September 1, 2017. |