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


Senate Research CenterC.S.H.B. 2827
By: Place (Duncan)
Criminal Justice
5-14-97
Committee Report (Substituted)


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.  C.S.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 if the inmate's next of kin consents to the autopsy or does not
object within a certain period, 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.
This bill also sets forth the procedure by which an inmate can become an
eye, tissue, or organ donor if the inmate dies while in the custody of
TDCJ.   

PURPOSE

As proposed, C.S.H.B. 2827 establishes provisions regarding 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

Rulemaking authority is granted to the Texas Department of Criminal
Justice in SECTION 3 (Section 501.0551(c), Government Code) of this bill. 

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, if an inmate dies as described by Subsection
(b)(1), to immediately attempt to notify the next of kin of the inmate
that the inmate has died, state the time of death, and inform the next of
kin that unless he or she objects to TDCJ within a certain period, an
autopsy will be conducted.  Sets forth the terms under which TDCJ or an
authorized TDCJ official is required to order an autopsy to be conducted
on the inmate.  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 Chapter 501B, Government Code, by adding Section
501.0551, as follows: 

Sec. 501.0551.  ANATOMICAL GIFTS.  Requires TDCJ, during the diagnostic
process, to provide each inmate with a form on which the inmate may
indicate whether the inmate wishes to be an eye, tissue, or organ donor if
the inmate dies while in TDCJ custody. Requires TDCJ to adopt procedures
to provide inmates with the form described by Subsection (a).  Requires
TDCJ to make the forms described by Subsection (a) available to inmates in
the custody of TDCJ who have completed the diagnostic process.  Sets forth
other provisions regarding anatomical gifts.  Provides that this
subsection expires September 1, 2002. 

SECTION 4. 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 5. Makes application of this Act prospective regarding SECTIONS 1,
2, and 4 of this Act.  

SECTION 6. Emergency clause.
  Effective date:  upon passage.  

SUMMARY OF COMMITTEE CHANGES

Amends the relating clause to remove the reference to procedures
applicable to an investigation involving the death of a TDCJ inmate.   

SECTION 2.

Amends Section 501.055, Government Code, to set forth the terms by which
TDCJ or an authorized TDCJ official is required to attempt to notify the
next of kin of an inmate's death, and inform the next of kin that unless
he or she objects, an autopsy will be performed; and is required to order
an autopsy to be conducted on the inmate.   

SECTION 3. 

Adds Section 501.0551, Government Code, to set forth the terms by which
TDCJ is required to provide each inmate with a form on which the inmate
may indicate whether the inmate wishes to make anatomical gifts if the
inmate dies while in the custody of TDCJ.