SB7090113th GA (Historical)Introduced

Amends TCA Title 10, Chapter 7; Title 38; Title 39 and Title 40.

Under present law, the reports of the county medical examiners, toxicological reports, and autopsy reports are generally public documents. Medical records of deceased persons, law enforcement investigative reports, and photographs, video and other images of deceased persons are not public records. Present law authorizes a court to order that parts of a report of a county medical examiner, toxicological report, or autopsy report to remain confidential if the release of such information may seriously impede or impair the investigation of a homicide or felony.<br /> <br /> This bill changes present law by designating as confidential the reports of county medical examiners and autopsy reports of victims of violent crime who are minors. Under this bill, such records may be released if:<br /> <br /> (1) The minor's parent or legal guardian is not a suspect in the circumstances of the minor's death and the parent or legal guardian consents to the release; or<br /> <br /> (2) A court orders the release of the report upon a showing of good cause.<br /> <br /> ON AUGUST 24, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 7007, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to change present law by designating as confidential the reports of county medical examiners and autopsy reports of a minor victim when the manner of death is deemed homicide. Under this bill, such records may be released if:<br /> <br /> (1) The minor's parent or legal guardian is not a suspect in the circumstances of the minor's death and the parent or legal guardian consents to the release; or<br /> <br /> (2) A court orders the release of the report upon a showing of good cause, which includes, but is not limited to, release of the records for the investigation of a potential wrongful conviction.<br />

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Overview

Under present law, the reports of the county medical examiners, toxicological reports, and autopsy reports are generally public documents. Medical records of deceased persons, law enforcement investigative reports, and photographs, video and other images of deceased persons are not public records. Present law authorizes a court to order that parts of a report of a county medical examiner, toxicological report, or autopsy report to remain confidential if the release of such information may seriously impede or impair the investigation of a homicide or felony.<br /> <br /> This bill changes present law by designating as confidential the reports of county medical examiners and autopsy reports of victims of violent crime who are minors. Under this bill, such records may be released if:<br /> <br /> (1) The minor's parent or legal guardian is not a suspect in the circumstances of the minor's death and the parent or legal guardian consents to the release; or<br /> <br /> (2) A court orders the release of the report upon a showing of good cause.<br /> <br /> ON AUGUST 24, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 7007, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to change present law by designating as confidential the reports of county medical examiners and autopsy reports of a minor victim when the manner of death is deemed homicide. Under this bill, such records may be released if:<br /> <br /> (1) The minor's parent or legal guardian is not a suspect in the circumstances of the minor's death and the parent or legal guardian consents to the release; or<br /> <br /> (2) A court orders the release of the report upon a showing of good cause, which includes, but is not limited to, release of the records for the investigation of a potential wrongful conviction.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

August 21, 2023

Subjects
0300505812100750

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