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AN ACT
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relating to an exception from required disclosure of information |
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related to certain crime victims and the release to certain |
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entities of autopsy reports of deceased persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 49.25, Code of Criminal |
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Procedure, is amended by adding Subsection (c) to read as follows: |
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(c) The medical examiner may release a copy of an autopsy |
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report of a deceased person to any organ and tissue procurement |
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organization, hospital, or other covered entity as defined by |
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Section 181.001, Health and Safety Code, that treated the deceased |
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person before death or procured any anatomical gift from the body of |
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the deceased person. The release of a report under this subsection |
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is not considered a disclosure under Chapter 552, Government Code. |
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A report obtained under this subsection is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 2. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1315 to read as follows: |
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Sec. 552.1315. EXCEPTION: CONFIDENTIALITY OF CERTAIN CRIME |
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VICTIM RECORDS. (a) Information is confidential and excepted from |
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the requirements of Section 552.021 if the information identifies |
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an individual as: |
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(1) a victim of: |
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(A) an offense under Section 20A.02, 20A.03, |
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21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code; or |
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(B) an offense that is part of the same criminal |
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episode, as defined by Section 3.01, Penal Code, as an offense |
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described by Paragraph (A); or |
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(2) a victim of any criminal offense, if the victim was |
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younger than 18 years of age when any element of the offense was |
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committed. |
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(b) Notwithstanding Subsection (a), information under this |
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section may be disclosed: |
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(1) to any victim identified by the information, or to |
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the parent or guardian of a victim described by Subsection (a)(2) |
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who is identified by the information; |
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(2) to a law enforcement agency for investigative |
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purposes; or |
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(3) in accordance with a court order requiring the |
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disclosure. |
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SECTION 3. The change in law made by this Act applies to a |
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request for information that is received by a governmental body or |
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an officer for public information on or after the effective date of |
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this Act. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2357 was passed by the House on May |
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11, 2021, by the following vote: Yeas 135, Nays 8, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2357 on May 28, 2021, by the following vote: Yeas 147, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2357 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |