Montgomery, Alabama — An Alabama House committee on Wednesday approved legislation that would make it a felony for medical examiners to harvest organs from deceased individuals without first notifying and obtaining consent from their families.
The bill, HB 71, was approved by the House Judiciary Committee and is sponsored by Rep. Chris England, a Democrat from Tuscaloosa. Under the proposal, a medical examiner who removes organs without family consent could face a Class C felony, punishable by up to 10 years in prison and fines of up to $15,000. Current Alabama law requires notification and consent in nearly all cases but does not impose criminal penalties for violations.
England told committee members the bill is intended to close that gap. He said the practice is already prohibited under state law, but recent allegations demonstrate the need for enforceable consequences.
The legislation follows a 2024 lawsuit filed by eight families against the Alabama Department of Corrections, alleging that organs were harvested from incarcerated individuals who died in state custody without their families’ permission. The lawsuit claims the organs were transferred to the University of Alabama at Birmingham’s Heersink School of Medicine for educational use.
According to court filings, medical students reportedly noticed a pattern in which many anatomical specimens originated from individuals who died in Alabama prisons. The university and the Department of Corrections sought dismissal, arguing sovereign immunity, but a Montgomery County judge allowed the case to proceed.
England sponsored similar legislation last year, which also advanced out of committee. HB 71 now moves to the full Alabama House for consideration.
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