SRC-HRD H.B. 2693 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2693
By: Serna (Shapleigh)
Criminal Justice
5-17-97
Engrossed


DIGEST 

The Missing Persons Clearinghouse is a division within the Department of
Public Safety for the collection of information on missing Texans and
people who are missing but believed to be located in Texas.  The goal of
the clearinghouse is to help locate these missing persons and be a
centralized file for law enforcement agencies.

This is accomplished through collecting, compiling, exchanging, and
disseminating information about these people.  However, there are cases in
which a medical examiner will not conduct an autopsy on an unidentified
body, or meet minimum requirements such as taking fingerprints,
photographs, noting of identifying marks, etc.                  

H.B. 2693 would require law enforcement agencies and medical examiners to
follow certain procedures in cases involving unidentified deceased
persons.                    

PURPOSE

As proposed, H.B. 2693 sets procedures for law enforcement agencies and
medical examiners to follow in the cases of unidentified deceased persons.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 49.04, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsection (d), to require a justice of the
peace to conduct an inquest into the death of a person who dies in the
county served by the justice if the body of a person is found, the cause
or circumstances of death are unknown, and the body is identified or the
body is unidentified.  Requires a justice of the peace investigating a
death described by Subsection (a)(3)(B) to report the death to the missing
children and missing persons information clearinghouse of the Department
of Public Safety and the national crime information center not later than
the 10th working day after the date the investigation began.   

SECTION 2. Amends Article 49.07(d), Code of Criminal Procedure, to provide
that a person commits a Class C misdemeanor if the person is required by
this article to give notice and intentionally or knowingly fails to give
the notice.  Deletes text regarding a fine not to exceed $500. 

SECTION 3. Amends Article 49.09, Code of Criminal Procedure, to prohibit a
person from cremating or directing the cremation of a body subject to
investigation under Article 49.04 unless the body is identified and the
person has received from the justice of the peace a certificate signed by
the justice stating certain information.  Provides that a person commits a
Class B misdemeanor if the person cremates or directs the cremation of the
peace as required by Subsection (b) of this article.  Deletes text
regarding confinement in jail and a fine.  Prohibits a person from
cremating or directing the cremation of a body under this article.
Requires the justice of the peace, if the body is buried, to record and
maintain for not less than 10 years all information pertaining to the body
and the location of burial. 

 SECTION 4. Amends Article 49.10, Code of Criminal Procedure, by adding
Subsections (l), (m), and (n), to require a medical examination of an
unidentified person to include certain information to enable a timely and
accurate identification of the person.  Authorizes a medical examination
on an unidentified person to include the certain information to enable a
timely and accurate identification of the person.  Authorizes the medical
examiner, upon discovering the body of a deceased person under certain
circumstances, to request the aid of a forensic anthropologist in the
examination of the body.  Requires the forensic anthropologist to be
board-certified by a nationally recognized association that accredits
practitioners in the forensic sciences.  Requires the forensic
anthropologist to attempt to establish whether the body is of a human or
animal, whether evidence of childbirth, injury, or disease exists, and the
sex, race, age, stature, and physical anomalies of the body.  Authorizes
the forensic anthropologist to also attempt to establish the cause,
manner, and time of death. 

SECTION 5. Amends Article 49.22(d), Code of Criminal Procedure, to provide
that an offense under this article is a Class B misdemeanor, rather than
punishable by confinement in jail, by a fine, or by both a fine and
confinement. 

SECTION 6. Amends Article 49.25, Code of Criminal Procedure, by amending
Sections 6, 7, and 9, redesignating existing Section 13 as Section 14 and
amending that section, and adding new Sections 10b and 13, as follows: 

Sec. 6.  DEATH INVESTIGATIONS.  Requires a medical examiner or the medical
examiner's duly authorized deputy to be authorized and required to hold
inquests with or without a jury within the medical examiner's county when
the body of a person, rather than human being, is found, the cause or
circumstances of death are unknown, and the body is identified, or the
body is unidentified.  Makes conforming changes. 

Sec. 7.  REPORTS OF DEATH.  Requires a person investigating a death
described by Subdivision 3(B) of Section 6(a) to report the death to the
missing children and missing persons information clearinghouse of the
Department of Public Safety and the national crime information center not
later than the 10th working day after the date the investigation began.
Requires a medical examination on an unidentified person to include
certain information to enable a timely and accurate identification of the
person.  Makes conforming changes.   

Sec. 9.  Requires a medical examination on an unidentified person to
include the certain information to enable a timely and accurate
identification. 

Sec. 10b.  DISPOSAL OF UNIDENTIFIED BODY.  Prohibits a person, if the body
of a deceased person is unidentified, from cremating or directing the
cremation of the body under this article.  Requires the investigating
agency responsible for the burial, if the body is buried, to record and
maintain for not less than 10 years all information pertaining to the body
and the location of burial.   

Sec. 13.  USE OF FORENSIC ANTHROPOLOGIST.  Authorizes the medical
examiner, upon discovering the body of a deceased person in the
circumstances described by Subdivision 3(B) of Section 6(a), to request
the aid of a forensic anthropologist in the examination of the body.
Makes conforming changes. 

Sec. 14.  PENALTY.  Provides that a person commits a Class B misdemeanor
if the person knowingly violates this article.  Deletes text regarding
punishment by fine and imprisonment.  

SECTION 7. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 8. Emergency clause.