Crimes and offenses; medical examiners, criminal penalties imposed for retention of deceased individual's organ without notice and consent

Crime Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: England
Last action: 2026-01-14
Official status: Read Second Time in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill specifies the effective date as October 1, 2026.

Criminal Penalties for Medical Examiners Keeping Organs Without Consent

This law makes it a Class C felony crime for medical examiners to keep organs from deceased people without telling and getting permission from the family, unless ordered by specific officials.

What This Bill Does

Requires medical examiners to notify the next of kin if they are keeping an entire organ or organs to determine identification or cause/manner of death.
Prohibits medical examiners from retaining organs for research or other reasons without notifying and getting approval from the next of kin.
Makes it a Class C felony crime for a medical examiner who violates these rules in certain circumstances.
Allows exceptions if the Governor, Attorney General, district attorney, or a circuit court judge orders the organ to be kept.

Who It Names or Affects

Medical examiners working in any county in Alabama
Medical examiners employed by the Department of Forensic Sciences
The next of kin (family members) of deceased individuals

Terms To Know

Next of kin: The closest living family member or relative to a person who has died.
Class C felony: A serious crime under Alabama law that carries criminal penalties.

Limits and Unknowns

The bill does not specify the exact prison time or fines for a Class C felony.
The text states violations are felonies in 'certain circumstances' but does not list every specific circumstance beyond retaining organs without consent.

Bill History

2026-01-14 House
Read for the Second Time and placed on the Calendar
2026-01-14 House
Reported Out of Committee House of Origin
2026-01-13 House
Pending Committee Action in House of Origin
2026-01-13 House
Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Crimes and offenses; medical examiners, criminal penalties imposed for retention of deceased individual's organ without notice and consent

Current Bill Text

Read the full stored bill text

HB71 INTRODUCED
Page 0
HB71
I3PISZ6-1
By Representative England
RFD: Judiciary
First Read: 13-Jan-26
PFD: 02-Dec-25
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I3PISZ6-1 08/15/2025 THR (L)THR 2025-2478
Page 1
PFD: 02-Dec-25
SYNOPSIS:
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 individual to
determine identification or the cause or manner of
death.
Under existing law, a medical examiner may not
retain a deceased individual'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 individual's organ or organs without the
notification and consent of the next of kin in certain
circumstances.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
22-19-85, Code of Alabama 1975; to provide criminal penalties
if a medical examiner retains a deceased individual's organ or
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HB71 INTRODUCED
Page 2
if a medical examiner retains a deceased individual's organ or
organs without proper notice and consent from the next of kin
in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-19-85, Code of Alabama 1975, is
amended to read as follows:
"§22-19-85
(a) Unless directed otherwise by the Governor, the
Attorney General, a district attorney, or an order of a
circuit court judge, a medical examiner performing his or her
duties in any county in this state as provided under existing
law, including a medical examiner employed by the Department
of Forensic Sciences, shall notify the next of kin, through
the appropriate law enforcement agency, when retaining a
deceased person's individual's entire organ or organs for
additional testing that is required to determine
identification or the cause or manner of death.
(b) A medical examiner performing his or her duties in
any county in this state as provided under existing law ,
including a medical examiner employed by the Department of
Forensic Sciences, is prohibited from retaining shall not
retain a deceased person's individual's entire organ or organs
for research or any other purpose not in conjunction with a
determination of identification or cause or manner of death
without notification to, and approval by, the appropriate next
of kin.
(c) A violation of this section is a Class C felony. "
Section 2. This act shall become effective on October
1, 2026.
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