SB 1419, as amended, 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:
Section 7150.16 is added to the Health and Safety
2Code, to read:
(a) The Department of Corrections and Rehabilitation
4shall develop and adopt a form that will allow a prisoner in the
P2 1custody of the department to elect to make an anatomical gift in
2the event of his or her death. The form shall be included in the
3prisoner’s central file maintained by the department. The form
4shall be titled “Document of Gift--Donate Life California Organ
5and Tissue Donor Registry,” shall be a document of gift as defined
6in paragraph (6) of subdivision (a) of Section 7150.10, and
begin delete shall
7at a minimum haveend delete
9(1) Clearly indicates the prisoner’s election to be added to the
8 25(2)end delete
26 Contains a statement notifying the prisoner that by signing
27or placing his or her mark on the
begin delete formend delete the prisoner is legally
28authorizing the recovery of his or her organs or tissues for the uses
29described in this chapter in the event of his or her death.
12 30(3)end delete
31 Contains the prisoner’s signature, or mark if the prisoner
33(b) The form described in subdivision (a) shall be presented to
34the prisoner upon his or her first admittance into the state prison
35system, and the prisoner may elect to sign it or refuse to sign it at
37(c) The form described in subdivision (a) shall be made available
38for completion and signature at the prisoner’s request, consistent
39with the policies and procedures of the Department of Corrections
P3 1(d) A prisoner may revoke his or her election to make an
2anatomical gift at any time by delivery of a written statement to
3the official in charge of the facility where the prisoner is confined.
4Upon receipt of that statement, the Department of Corrections and
5Rehabilitation shall mark the document of gift described in
6subdivision (a) as revoked and shall retain the revoked document
7of gift and the statement received pursuant to this subdivision in
8the prisoner’s central file.