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A BILL TO BE ENTITLED
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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. |
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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. 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 5. This Act takes effect September 1, 2023. |