BILL ANALYSIS



C.S.H.B. 1980
By: Hightower
04-18-95
Committee Report (Substituted)


BACKGROUND

Current law requires the death of an inmate to be declared by a
justice of the peace whenever an inmate dies in prison.  Sec.
501.055, Government Code creates a criminal offense for failure to
report the death of a prisoner.  In addition to this offense, and
in conflict with that provision, Penal Code 39.05 makes failure to
report the death of a prisoner a Class B misdemeanor.  The statutes
governing this situation are not coordinated with one another and
current law places an enormous burden on individual justices of the
peace.

PURPOSE

C.S.H.B. 1980 adds that the Internal Affairs Office of TDCJ also be
notified upon the death of an inmate.  C.S.H.B. 1980 provides that
in cases of a lawful execution or death of natural causes while a
physician is in attendance, the justice of the peace would not have
to perform an inquest.  Finally, C.S.H.B. 1980 deletes the
conflicting criminal offense in the Government Code, and clarifies
the duty to report in the Penal Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 501.055, Government Code, by:

     (a) provides that the office of Internal Affairs of the Texas
     Department of Criminal Justice also be notified upon the death
     of an inmate.

     (b) provides that Subsection (a) does not apply if the inmate:
           (1) dies of natural causes while attended by a physician
           and an autopsy is scheduled to be performed; or
           (2) is lawfully executed.

SECTION 2.  Amends Section 39.05, Penal Code, to provide that a
person commits an offense if the person is required by Sec.
501.055, Government Code to give notice of the death of an inmate
and the person fails to give this notice; or to conduct an
investigation and file a report and the person fails to conduct the
investigation or file the report or fails to include in the report
facts known to the person or discovered by the person in the
investigation.

SECTION 3.  Amends Article 49.04 (a), Code of Criminal Procedure,
to provide that an inquest is no longer required by a Justice of
the Peace if the person dies in prison either by execution or by
natural causes while under the care of a physician.  

SECTION 4.  Amends Article 49.18, Code of Criminal Procedure by
adding a Subsection (c), which states that this article does not
apply to an inmate death which occurs in a facility operated by or
under contract with TDCJ.

SECTION 5.  (a)  Provides that the amendment by this Act of Section
501.055, Government Code, does not apply to an offense committed
under Subsection (c) of that section before the effective date of
this Act.
            (b)  Provides that the amendments by this Act of
Section 39.05, Penal Code, applies only to an offense under that
section committed on or after the effective date of this Act.
            (c)  Provides that an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.

SECTION 6.  Effective date:  September 1, 1995.

SECTION 7.  Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill had the Internal Affairs Office being the lead
entity in the investigation of an inmate death, and reporting the
results of the investigation to the executive director of TDCJ and
the Justice of the Peace.  The substitute retains the Justice of
the Peace as the lead person in the investigation of an inmate
death, and provides that the Internal Affairs Office also be
notified.  
SUMMARY OF COMMITTEE ACTION

H.B. 1980 was considered by the Committee on Corrections in a
public hearing on April 18, 1995.  The committee considered a
complete substitute for the bill.  The substitute was adopted
without objection.  The bill was reported favorably, as
substituted, with the recommendation that it do pass and be printed
by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.