SB9 Alabama 2019 Session

Existing law does not require the Department of Forensic Sciences to notify the next of kin when retaining a deceased person's organs

This bill would require the Department of Forensic Sciences to notify the next of kin when retaining a deceased person's organs

This bill would also prohibit a state medical examiner from retaining an organ of the deceased for research or any other purpose not in conjunction with a determination of the identification or cause of death without notification to and approval by the next of kin and would make any violation a Class C felony

This bill further provides for technical revisions of the duties of the Director of the Department of Forensic Sciences

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 36-18-2, Code of Alabama 1975, relating to the Director of Forensic Sciences; to require the Department of Forensic Sciences to notify the next of kin when retaining a deceased person's organs; to further provide for technical revisions of the duties of the Director of the Department of Forensic Sciences; to add Section 36-18-2.1 to the Code of Alabama 1975, to prohibit a state medical examiner from retaining an organ of the deceased for research or any other purpose not in conjunction with a determination of the identification or cause of death without notification to and approval by the next of kin; to provide for penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.