AEZ C.S.H.B. 2845 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 2845
By: Berlanga
4-30-97
Committee Report (Substituted)


BACKGROUND 

Currently, once a determination of death has been made in Texas, the
ruling on the cause of death is final without the opportunity of being
reviewed if new information arises which may change the cause or manner of
death.  This legislation would allow for the case to be re-opened by a
justice of the peace if additional credible information is received which
may change the determination on manner of death.  The justice of the peace
has the discretion in determining if the new information is credible. 

PURPOSE

As proposed, C.S.H.B. 2845 allows an inquest on the cause of death after
the original determination of death has been made. 

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 49.08, Code of Criminal Procedure by adding
Subsection (b). Subsection (b) authorizes a justice of the peace to
re-open an inquest if the justice of the peace receives additional
information which may change the finding on the cause or manner of death. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.The change in law made by this Act applies to an inquest into
the death of a person who dies before, on, or after the effective date of
this Act.  

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

There are no substantive differences between the two bills.  The
substitute is a council draft.