JWW C.S.H.B. 2693 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 2693 By: Serna 4-28-97 Committee Report (Substituted) BACKGROUND The Missing Persons Clearinghouse is a department 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. Unfortunately, there have arisen cases where 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. PURPOSE To set up procedures for law enforcement agencies, and medical examiners to follow in the cases of unidentified deceased persons. 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 Article 49.04, Code of Criminal Procedure, Subsection (a), by amending Subdivision (3) to stipulate that the justice of the peace shall conduct an inquest into the death of a person, whether the body is identified or unidentified, when the cause or circumstance of that death is unknown. (d) A justice of the peace investigating a death under Subsection (a)(3)(B) is required to report the death to the missing persons information clearinghouse and the national crime information center no later than the 10th working day after the investigation began. SECTION 2 Article 4907(d), Code of Criminal Procedure, is amended to state that an offense under Subsection (d) is a Class C misdemeanor. SECTION 3 Article 49.09, Code of Criminal Procedure, is amended as follows: (b) This subsection is amended to state that a body subject to investigation under this section may not be cremated unless the body is the body is identified and a certificate is issued by the justice of the peace stating that an autopsy was performed on the body, or no autopsy was necessary. (d) This subsection is amended to state that an offense under this section is a Class B misdemeanor. SECTION 4 Article 49.10, Code of Criminal Procedure, is amended to add subsections (l), (m), and (n), as follows: (l) This subsection is added to describe all pertinent information relevant to the timely and accurate identification of a body. This is required to be included in the medical examination of a unidentified body. (m) This subsection lists additional information that may be included during a medical examination of an unidentified body to enable timely and accurate identification. (n) A medical examiner may request the aid of a forensic anthropologist to aid in the identification of a body as described by Article 49.09(a)(3)(B), Code of Criminal Procedure. SECTION 5 Amends Article 49.22(d), Code of Criminal Procedure, to state that an offense is a Class B misdemeanor. SECTION 6 Amends Article 49.25, Code of Criminal Procedure, as follows: Amends Section 6 to designate the original section as Subsection (a), and amending (a)3 to replace "human being" with person. This subdivision applies to a body where the cause of death is unknown, and the body is identified or unidentified. (b) Existing language regarding inquests authorized under this Article is designated as Subsection (b). (c) Existing language regarding who is responsible for a dead body under this Article is designated as Subsection (c). Amends Section 7 by designating existing language as Subsection (a). A reference to Section 6 is amended by adding "(a)" to conform to the preceding change. (b) This subsection is added that anyone investigating a death under Subdivision 3(B) of Section 6(a) is required to report the death to the missing children and missing persons information clearinghouse and the national crime information center no later than the 10th day following the date an investigation began. Amends Section 9 by designating existing language as Subsection (a). (b) This subsection is added to describe all pertinent information relevant to the timely and accurate identification of a body. This is required to be included in the medical examination of a unidentified body. (c) This subsection lists additional information that may be included during a medical examination of an unidentified body to enable timely and accurate identification. Section 10b. DISPOSAL OF UNIDENTIFIED BODY. This section is added to state that the body of an unidentified deceased person, as described under this Article, may not be cremated. If the body is buried, the investigating agency is required to maintain a record pertaining to the body and the burial site for no less than ten tears. Section 13. USE OF FORENSIC ANTHROPOLOGIST. This section is added to state that a medical examiner may request the aid of a forensic anthropologist to aid in the identification of a body as described by Subdivision 3(B) of Section 6(a). Section 14 is amended by adding Subsection (a), which states that a person who knowingly violating this Article commits an offense. (b) This subsection is amended by stating that an offense under this section is a Class B misdemeanor. Previous language is deleted. SECTION 7 Effective Date: September 1, 1997. SECTION 8 Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Clarifies Subdivision (3) to state that Subsection applies to a body whether it is identified or unidentified. Subsection (d) is added. SECTION 2 This section amending Article 49.07(d), Code of Criminal Procedure, is added to replace Section 2 in the original bill. SECTION 3 This section amending Article 49.09, Code of Criminal Procedure, is added to replace Section 3 in the original bill. SECTION 4 This section is added to amend Article 49.10, Code of Criminal Procedure, by adding Subsections (l), (m), and (n). SECTION 5 This section is added to amend Article 49.22(d), Code of Criminal Procedure, which states that an offense is a Class B misdemeanor. SECTION 6 This section is added to amend 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. Sections 10b and 13 are added. SECTION 7 This section pertaining to the effective date removes a reference to Section 2. Section 4 in the original bill. SECTION 8 Emergency clause was previously Section 5.