HB 71

HB71 INTRODUCED
1 HB71
2 I3PISZ6-1
3 By Representative England
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 02-Dec-25
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 I3PISZ6-1 08/15/2025 THR (L)THR 2025-2478
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4 SYNOPSIS:
5Under existing law, a medical examiner is
6required to notify the next of kin if he or she retains
7the organ or organs of a deceased individual to
8determine identification or the cause or manner of
9death.
10Under existing law, a medical examiner may not
11retain a deceased individual's organ or organs for any
12reason other than to determine identification or cause
13or manner of death without notification and approval by
14the next of kin.
15This bill would provide that a medical examiner
16commits a Class C felony if he or she retains a
17deceased individual's organ or organs without the
18notification and consent of the next of kin in certain
19circumstances.
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22A BILL
23TO BE ENTITLED
24AN ACT
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26Relating to crimes and offenses; to amend Section
27 22-19-85, Code of Alabama 1975; to provide criminal penalties
28 if a medical examiner retains a deceased individual's organ or
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  HB71 INTRODUCED
29 organs without proper notice and consent from the next of kin
30 in certain circumstances.
31 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32Section 1. Section 22-19-85, Code of Alabama 1975, is
33 amended to read as follows:
34"§22-19-85
35(a) Unless directed otherwise by the Governor, the
36 Attorney General, a district attorney, or an order of a
37 circuit court judge, a medical examiner performing his or her
38 duties in any county in this state as provided under existing
39 law, including a medical examiner employed by the Department
40 of Forensic Sciences, shall notify the next of kin, through
41 the appropriate law enforcement agency, when retaining a
42 deceased person's individual's entire organ or organs for
43 additional testing that is required to determine
44 identification or the cause or manner of death.
45(b) A medical examiner performing his or her duties in
46 any county in this state as provided under existing law,
47 including a medical examiner employed by the Department of
48 Forensic Sciences, is prohibited from retaining shall not
49 retain a deceased person's individual's entire organ or organs
50 for research or any other purpose not in conjunction with a
51 determination of identification or cause or manner of death
52 without notification to, and approval by, the appropriate next
53 of kin.
54(c) A violation of this section is a Class C felony."
55Section 2. This act shall become effective on October
56 1, 2026.
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