MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Holden

AN ACT TO AMEND SECTION 41-37-25, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AUTOPSY TO BE PERFORMED ON CHILDREN AGED SEVEN YEARS OR UNDER WHO DIE AS THE RESULT OF CHILD ABUSE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-37-25, Mississippi Code of 1972, is amended as follows:

41-37-25. An autopsy may be performed without court order by a qualified physician when authorized by (a) the decedent, during his lifetime, or (b) any of the following persons who shall have assumed custody of the body for the purpose of burial: A surviving spouse, either parent or any person in loco parentis, a descendant over the age of eighteen years, a guardian, or the next of kin. In the absence of any of the foregoing persons any friend of the deceased who has assumed responsibility for burial, or any other person charged by law with responsibility for burial, may give such consent. If two (2) or more persons have assumed custody of the body of an adult for purposes of burial, the consent of one (1) such person shall be deemed sufficient.

In the case of a minor, however, the consent of either parent shall be deemed sufficient, unless the other parent gives written notice to the physician who is to perform the autopsy of such parent's objection thereto prior to the commencement of the autopsy. In the event that neither parent has legal custody of the minor, the guardian shall have the right to authorize an autopsy. In the case of a child age seven (7) years or under who dies as the result of child abuse, an autopsy shall be performed, notwithstanding parental objection. The fees provided in this chapter for autopsies in criminal investigations shall not be applicable to this section.

No autopsy shall be held under this section over the objection of the surviving spouse, or if there be no surviving spouse, or any surviving parent, or if there be neither a surviving spouse nor parent, then of any surviving child.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.