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.