Under existing law, a medical examiner is required to notify the next of kin if he or she retains the organ or organs of a deceased person to determine identification or the cause or manner of death. Under existing law, a medical examiner may not retain a deceased person's organ or organs for any reason other than to determine identification or cause or manner of death without notification and approval by the next of kin. This bill would provide that a medical examiner commits a Class C felony if he or she retains a deceased person's organ or organs without the notification and consent of the next of kin in certain circumstances. Section 111.05 of the Constitution of Alabama of 2022, 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 section. 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 section.

Statutes affected:
Introduced: 22-19-85