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AN ACT
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relating to the duties of a justice of the peace, medical examiner, |
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or other investigator regarding the bodies of unidentified deceased |
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persons and to the control by certain persons of the disposition of |
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a deceased person's remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 49.01. DEFINITIONS. (a) In this chapter [article]: |
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(1) "Autopsy" means a post mortem examination of the |
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body of a person, including X-rays and an examination of the |
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internal organs and structures after dissection, to determine the |
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cause of death or the nature of any pathological changes that may |
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have contributed to the death. |
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(2) "Inquest" means an investigation into the cause |
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and circumstances of the death of a person, and a determination, |
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made with or without a formal court hearing, as to whether the death |
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was caused by an unlawful act or omission. |
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(3) "Inquest hearing" means a formal court hearing |
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held to determine whether the death of a person was caused by an |
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unlawful act or omission and, if the death was caused by an unlawful |
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act or omission, to obtain evidence to form the basis of a criminal |
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prosecution. |
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(4) "Institution" means any place where health care |
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services are rendered, including a hospital, clinic, health |
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facility, nursing home, extended-care facility, out-patient |
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facility, foster-care facility, and retirement home. |
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(5) "Physician" means a practicing doctor of medicine |
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or doctor of osteopathic medicine who is licensed by the Texas State |
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Board of Medical Examiners under Subtitle B, Title 3, Occupations |
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Code. |
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(b) For purposes of this chapter, a person or body is |
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considered unidentified if: |
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(1) the deceased person's legal name is unknown; and |
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(2) there is no known person with the duty to inter the |
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deceased person's remains under Section 711.002(a), Health and |
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Safety Code. |
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SECTION 2. Article 49.04(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A justice of the peace shall conduct an inquest into the |
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death of a person who dies in the county served by the justice if: |
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(1) the person dies in prison under circumstances |
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other than those described by Section 501.055(b), Government Code, |
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or in jail; |
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(2) the person dies an unnatural death from a cause |
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other than a legal execution; |
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(3) the body or a body part of a person is found and |
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either: |
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(A) the person is identified but [,] the cause or |
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circumstances of death are unknown[, and: |
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[(A) the person is identified]; or |
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(B) the person is unidentified, regardless of |
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whether the cause or circumstances of death are known; |
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(4) the circumstances of the death indicate that the |
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death may have been caused by unlawful means; |
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(5) the person commits suicide or the circumstances of |
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the death indicate that the death may have been caused by suicide; |
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(6) the person dies without having been attended by a |
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physician; |
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(7) the person dies while attended by a physician who |
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is unable to certify the cause of death and who requests the justice |
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of the peace to conduct an inquest; or |
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(8) the person is a child younger than six years of age |
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and an inquest is required by Chapter 264, Family Code. |
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SECTION 3. Section 6(a), Article 49.25, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Any medical examiner, or his duly authorized deputy, |
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shall be authorized, and it shall be his duty, to hold inquests with |
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or without a jury within his county, in the following cases: |
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1. When a person shall die within twenty-four hours |
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after admission to a hospital or institution or in prison or in |
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jail; |
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2. When any person is killed; or from any cause dies an |
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unnatural death, except under sentence of the law; or dies in the |
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absence of one or more good witnesses; |
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3. When the body or a body part of a person is found and |
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either: |
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(A) the person is identified but [,] the cause or |
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circumstances of death are unknown[, and: |
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[(A) the person is identified]; or |
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(B) the person is unidentified, regardless of |
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whether the cause or circumstances of death are known; |
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4. When the circumstances of the death of any person |
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are such as to lead to suspicion that he came to his death by |
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unlawful means; |
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5. When any person commits suicide, or the |
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circumstances of his death are such as to lead to suspicion that he |
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committed suicide; |
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6. When a person dies without having been attended by a |
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duly licensed and practicing physician, and the local health |
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officer or registrar required to report the cause of death under |
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Section 193.005, Health and Safety Code, does not know the cause of |
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death. When the local health officer or registrar of vital |
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statistics whose duty it is to certify the cause of death does not |
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know the cause of death, he shall so notify the medical examiner of |
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the county in which the death occurred and request an inquest; |
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7. When the person is a child who is younger than six |
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years of age and the death is reported under Chapter 264, Family |
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Code; and |
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8. When a person dies who has been attended |
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immediately preceding his death by a duly licensed and practicing |
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physician or physicians, and such physician or physicians are not |
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certain as to the cause of death and are unable to certify with |
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certainty the cause of death as required by Section 193.004, Health |
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and Safety Code. In case of such uncertainty the attending |
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physician or physicians, or the superintendent or general manager |
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of the hospital or institution in which the deceased shall have |
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died, shall so report to the medical examiner of the county in which |
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the death occurred, and request an inquest. |
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SECTION 4. Section 711.002, Health and Safety Code, is |
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amended by amending Subsection (l) and adding Subsections (l-1) and |
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(l-2) to read as follows: |
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(l) A person listed in Subsection (a) may not control the |
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disposition of the decedent's remains if: |
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(1) [,] in connection with the decedent's death, [an |
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indictment has been filed charging] the person has been arrested or |
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an arrest warrant has been issued for the person for [with] a crime |
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under Chapter 19, Penal Code, that involves family violence against |
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the decedent; or |
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(2) the decedent had filed an application for a |
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protective order against or with respect to the person under |
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Subchapter A, Chapter 7B, Code of Criminal Procedure, Article |
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17.292, Code of Criminal Procedure, Section 6.504, Family Code, or |
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Subtitle B, Title 4, Family Code, or an order has been issued |
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against or with respect to the person under one of those provisions. |
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(l-1) A person regulated under Chapter 651, Occupations |
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Code, who knowingly allows a person described by Subsection (l) |
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[the person charged with a crime] to control the disposition of the |
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decedent's remains in violation of that [this] subsection commits a |
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prohibited practice under Section 651.460, Occupations Code, and |
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the Texas Funeral Service Commission may take disciplinary action |
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or assess an administrative penalty against the regulated person |
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under that chapter. |
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(l-2) A court with jurisdiction over probate proceedings |
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shall expedite the proceedings to resolve any dispute over the |
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right to control the disposition of a decedent's remains among the |
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persons listed in Subsection (a) if the dispute involves the |
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control of the disposition of the remains by a prohibited person |
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described by Subsection (l). |
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SECTION 5. Articles 49.01, 49.04, and 49.25, Code of |
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Criminal Procedure, as amended by this Act, apply only to an |
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investigation of a death of an unidentified person that commences |
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on or after the effective date of this Act. An investigation of the |
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death of an unidentified person that commences before the effective |
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date of this Act is governed by the law in effect when the |
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investigation commenced, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3161 was passed by the House on May 2, |
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2023, by the following vote: Yeas 139, Nays 5, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3161 on May 25, 2023, by the following vote: Yeas 136, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3161 was passed by the Senate, with |
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amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |