By Van de Putte, Munoz H.B. No. 1825
74R6291 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reporting and investigation of deaths of certain
1-3 children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 8, Health and Safety Code, is
1-6 amended by adding Chapter 674 to read as follows:
1-7 CHAPTER 674. REPORTING AND INVESTIGATION OF CERTAIN CHILD DEATHS
1-8 Sec. 674.001. DEFINITIONS. In this chapter:
1-9 (1) "Autopsy" and "inquest" have the meanings assigned
1-10 by Section 49.01, Code of Criminal Procedure.
1-11 (2) "Unexpected death" includes a death of a child
1-12 that, before investigation:
1-13 (A) appears to have occurred without
1-14 anticipation or forewarning; and
1-15 (B) was caused by trauma, suspicious or obscure
1-16 circumstances, sudden infant death syndrome, child abuse or
1-17 neglect, or an unknown cause.
1-18 Sec. 674.002. REPORT OF DEATH OF CHILD. (a) A person who
1-19 knows of the death of a child younger than six years of age shall
1-20 immediately report the death to the medical examiner of the county
1-21 in which the death occurs or, if the death occurs in a county that
1-22 does not have a medical examiner's office or that is not part of a
1-23 medical examiner's district, to a justice of the peace in that
1-24 county.
2-1 (b) The requirement of this section is in addition to any
2-2 other reporting requirement imposed by law, including the
2-3 requirement that a person report child abuse or neglect under
2-4 Section 34.02, Family Code.
2-5 (c) A person is not required to report a death under this
2-6 section that is the result of a motor vehicle accident.
2-7 Sec. 674.003. PROCEDURE IN THE EVENT OF REPORTABLE DEATH.
2-8 (a) A medical examiner or justice of the peace notified of a death
2-9 of a child under Section 674.002 shall hold an inquest under
2-10 Chapter 49, Code of Criminal Procedure, to determine whether the
2-11 death is unexpected.
2-12 (b) The medical examiner or justice of the peace shall
2-13 immediately notify an appropriate local law enforcement agency if
2-14 the medical examiner or justice of the peace determines that the
2-15 death is unexpected, and that agency shall investigate the child's
2-16 death.
2-17 Sec. 674.004. INVESTIGATION. (a) The investigation
2-18 required by Section 674.003 must include:
2-19 (1) an autopsy, unless an autopsy was conducted as
2-20 part of the inquest;
2-21 (2) an inquiry into the circumstances of the death,
2-22 including an investigation of the scene of the death and interviews
2-23 with the parents of the child, any guardian or caretaker of the
2-24 child, and the person who reported the child's death; and
2-25 (3) a review of relevant information regarding the
2-26 child from an agency, professional, or health care provider.
2-27 (b) The review required by Subsection (a)(3) must include a
3-1 review of any applicable medical record, child protective services
3-2 record, record maintained by an emergency medical services
3-3 provider, and law enforcement report.
3-4 (c) The Sexual Assault Prevention and Crisis Service
3-5 established under Chapter 44 shall develop a protocol relating to
3-6 investigation of an unexpected death of a child. In developing the
3-7 protocol, the service shall consult with individuals and
3-8 organizations that have knowledge and experience in the issues of
3-9 child abuse and child deaths.
3-10 SECTION 2. Article 49.04(a), Code of Criminal Procedure, is
3-11 amended to read as follows:
3-12 (a) A justice of the peace shall conduct an inquest into the
3-13 death of a person who dies in the county served by the justice if:
3-14 (1) the person dies in prison or in jail;
3-15 (2) the person dies an unnatural death from a cause
3-16 other than a legal execution;
3-17 (3) the body of the person is found and the cause or
3-18 circumstances of death are unknown;
3-19 (4) the circumstances of the death indicate that the
3-20 death may have been caused by unlawful means;
3-21 (5) the person commits suicide or the circumstances of
3-22 the death indicate that the death may have been caused by suicide;
3-23 (6) the person dies without having been attended by a
3-24 physician;
3-25 (7) the person dies while attended by a physician who
3-26 is unable to certify the cause of death and who requests the
3-27 justice of the peace to conduct an inquest; or
4-1 (8) the person is a child who is younger than six
4-2 years <18 months> of age and the death is reported under Chapter
4-3 674, Health and Safety Code <suspected cause of death is sudden
4-4 infant death syndrome>.
4-5 SECTION 3. Section 6, Article 49.25, Code of Criminal
4-6 Procedure, is amended to read as follows:
4-7 Sec. 6. DEATH INVESTIGATIONS. Any medical examiner, or his
4-8 duly authorized deputy, shall be authorized, and it shall be his
4-9 duty, to hold inquests with or without a jury within his county, in
4-10 the following cases:
4-11 1. When a person shall die within twenty-four hours
4-12 after admission to a hospital or institution or in prison or in
4-13 jail;
4-14 2. When any person is killed; or from any cause dies
4-15 an unnatural death, except under sentence of the law; or dies in
4-16 the absence of one or more good witnesses;
4-17 3. When the body of a human being is found, and the
4-18 circumstances of his death are unknown;
4-19 4. When the circumstances of the death of any person
4-20 are such as to lead to suspicion that he came to his death by
4-21 unlawful means;
4-22 5. When any person commits suicide, or the
4-23 circumstances of his death are such as to lead to suspicion that he
4-24 committed suicide;
4-25 6. When a person dies without having been attended by
4-26 a duly licensed and practicing physician, and the local health
4-27 officer or registrar required to report the cause of death under
5-1 Section 193.005, Health and Safety Code, does not know the cause of
5-2 death. When the local health officer or registrar of vital
5-3 statistics whose duty it is to certify the cause of death does not
5-4 know the cause of death, he shall so notify the medical examiner of
5-5 the county in which the death occurred and request an inquest;
5-6 <and>
5-7 7. When the person is a child who is younger than six
5-8 years of age and the death is reported under Chapter 674, Health
5-9 and Safety Code; and
5-10 8. When a person dies who has been attended
5-11 immediately preceding his death by a duly licensed and practicing
5-12 physician or physicians, and such physician or physicians are not
5-13 certain as to the cause of death and are unable to certify with
5-14 certainty the cause of death as required by Section 193.004, Health
5-15 and Safety Code. In case of such uncertainty the attending
5-16 physician or physicians, or the superintendent or general manager
5-17 of the hospital or institution in which the deceased shall have
5-18 died, shall so report to the medical examiner of the county in
5-19 which the death occurred, and request an inquest.
5-20 The inquests authorized and required by this Article shall be
5-21 held by the medical examiner of the county in which the death
5-22 occurred.
5-23 In making such investigations and holding such inquests, the
5-24 medical examiner or an authorized deputy may administer oaths and
5-25 take affidavits. In the absence of next of kin or legal
5-26 representatives of the deceased, the medical examiner or authorized
5-27 deputy shall take charge of the body and all property found with
6-1 it.
6-2 SECTION 4. The Sexual Assault Prevention and Crisis Service
6-3 shall develop the protocol required by Section 674.004(c), Health
6-4 and Safety Code, as added by this Act, not later than September 1,
6-5 1996.
6-6 SECTION 5. This Act takes effect September 1, 1995.
6-7 SECTION 6. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.