SRC-CDH H.B. 2827 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2827
By: Place (Duncan)
Criminal Justice
4-29-97
Engrossed


DIGEST 

Legislation enacted during the 74th Legislative Session amended the Code
of Criminal Procedure to exempt the Texas Department of Criminal Justice
(TDCJ) from the requirement that justices of the peace be notified,
investigations conducted, and reports filed with the attorney general
following the death of an inmate.  Concern has been raised that this
exemption is too broad and should apply only to deaths that are not due to
natural causes or lawful execution.  H.B. 2827 addresses this problem by
requiring TDCJ to report inmate deaths, other than deaths attributable to
natural causes or deaths due to legal execution, to the Attorney General's
Office.  In addition, this legislation requires TDCJ or an authorized TDCJ
official to order autopsies for inmates who die of natural causes or legal
execution, and defines an "inmate in the custody of TDCJ" as a convicted
felon who is confined in a TDCJ secure correctional facility or who has
been hospitalized while remaining in TDCJ custody.   

PURPOSE

As proposed, H.B. 2827 establishes procedures applicable to an
investigation involving the death of an inmate in the custody of the Texas
Department of Criminal Justice (TDCJ) or imprisoned in a facility operated
by or under contract with TDCJ. 

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 49.18(c), Code of Criminal Procedure, to provide
that Subsection (a) does not apply to a death that occurs in a facility
operated by or under contract with the Texas Department of Criminal
Justice (TDCJ).  Establishes that Subsection (b) does not apply to a death
that occurs in a facility operated by or under contract with TDCJ if the
death occurs under circumstances described by Section 501.055(b),
Government Code.   

SECTION 2. Amends Section 501.055, Government Code, to require a facility
employee who is in charge of an inmate who dies while in TDCJ's custody to
immediately notify certain persons and entities.  Deletes existing text
regarding an inmate who dies while confined in certain TDCJ facilities.
Provides that Subsection (a) does not apply if the inmate dies of natural
causes while attended by a physician or a registered nurse.  Deletes
existing text regarding performance of an autopsy.  Requires TDCJ or an
authorized TDCJ official to order an autopsy to be performed on an inmate
who dies as described by Subsection (b)(1).  Provides that an "inmate in
custody of the department" is a convicted felon who is confined in a
secure correctional facility operated by or under contract with TDCJ, or
who has been admitted for treatment into a hospital while remaining in
TDCJ custody.      

SECTION 3. Amends Article 49.13, Code of Criminal Procedure, to provide
that, notwithstanding Subsection (a), consent for a physician to conduct
an autopsy is sufficient if given by TDCJ or an authorized TDCJ official
in accordance with Section 501.055, Government Code. 

SECTION 4. Makes application of this Act prospective. 

 SECTION 5. Emergency clause.
  Effective date:  upon passage.