Alabama House approves bill criminalizing organ retention

The Alabama House of Representatives Thursday approved a bill to criminalize organ retention without family consent.

HB 200, sponsored by Rep. Chris England, D-Tuscaloosa, passed with little debate. It would make it a Class C felony, punishable by up to 10 years in prison, for a medical examiner to keep the organs of someone they examine without notifying the next of kin.

Two lawsuits filed in federal court alleged that two men who died in Alabama prisons were returned to their families missing organs, according to an Associated Press report.

England said that the legislation was not on his “bingo card” this year.

“But there’s been some issues that have been coming up where there may be just a flat-out illegal agreement between two entities, that one pretends to have the authority to stand in the stand of next of kin and give that authority to harvest on organ after an autopsy,” he said.

Rep. Mark Shirey, R-Mobile, asked whether the next of kin would have to consent if the body belonged to an organ donor. England said they would not have to.

The bill passed on an 89-1 vote.

The bill moves to the Senate for consideration.