Senate BillNo. 1419


Introduced by Senator Galgiani

February 19, 2016


An act to add Section 7150.16 to the Health and Safety Code, relating to anatomical gifts.

LEGISLATIVE COUNSEL’S DIGEST

SB 1419, as introduced, Galgiani. Uniform Anatomical Gift Act: prison inmates.

Existing law establishes a system of state prisons. Existing law, the Uniform Anatomical Gift Act, sets forth the methods and procedures for a person to become a donor of an anatomical gift.

This bill would authorize a prisoner in the custody of the Department of Corrections and Rehabilitation to elect to make an anatomical gift on a form developed by the department, as specified. The bill would authorize the prisoner to make that election at the time of admittance into the state prison system, or at a later time at the prisoner’s request. The bill would establish a procedure by which a prisoner may revoke that election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 7150.16 is added to the Health and Safety
2Code
, to read:

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7150.16.  

(a) The Department of Corrections and Rehabilitation
4shall develop and adopt a form that will allow a prisoner in the
5custody of the department to elect to make an anatomical gift in
6the event of his or her death. The form shall be included in the
P2    1prisoner’s central file maintained by the department. The form
2shall be titled “Document of Gift--Donate Life California Organ
3and Tissue Donor Registry,” shall be a document of gift as defined
4in paragraph (6) of subdivision (a) of Section 7150.10, and shall
5at a minimum have the following characteristics:

6(1) Clearly indicates the prisoner’s election to be added to the
7donor registry.

8(2) Contains a statement notifying the prisoner that by signing
9or placing his or her mark on the form the prisoner is legally
10authorizing the recovery of his or her organs or tissues for the uses
11described in this chapter in the event of his or her death.

12(3) Contains the prisoner’s signature, or mark if the prisoner
13cannot write.

14(b) The form described in subdivision (a) shall be presented to
15the prisoner upon his or her first admittance into the state prison
16system, and the prisoner may elect to sign it or refuse to sign it at
17that time.

18(c) The form described in subdivision (a) shall be made available
19for completion and signature at the prisoner’s request, consistent
20with the policies and procedures of the Department of Corrections
21and Rehabilitation.

22(d) A prisoner may revoke his or her election to make an
23anatomical gift at any time by delivery of a written statement to
24the official in charge of the facility where the prisoner is confined.
25Upon receipt of that statement, the Department of Corrections and
26Rehabilitation shall mark the document of gift described in
27subdivision (a) as revoked and shall retain the revoked document
28of gift and the statement received pursuant to this subdivision in
29the prisoner’s central file.



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