CJ S.B. 502 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 502
By: ZAFFIRINI (VAN DE PUTTE)
5-8-97
Committee Report (Unamended)


BACKGROUND 

Currently, Article 49.10(e), Code of Criminal Procedure, requires a
justice of the peace to order an autopsy performed on a body if the
deceased was a child younger than six years of age and the death was
reported under Chapter 264, Family Code.  This law is very broad since
deaths reported under Chapter 264, Family Code, do not distinguish between
naturally occurring deaths and unexpected deaths.  The Texas Department of
Health reports that  273 autopsies were performed on children on order of
the justices of the peace prior to the current law.  After the current law
was enacted, the number of autopsies on children on order of the justices
of the peace was 123.  This decrease of ordered autopsies appears to be a
backlash from the justices of the peace to the breadth of Article
49.10(e).  This bill would modify this provision to require a justice of
the peace to order an autopsy performed on a body if the deceased child
was younger than six years of age and the death is determined under
Section 264.514, Family Code, to be unexpected.  Additionally, this bill
would revise Section 264.514, Family Code, to provide that certain
post-mortem inquest of a child by the medical examiner or justice of the
peace is not required when the death of the child is expected.  

PURPOSE

As proposed, S.B. 502 requires a justice of the peace to order an autopsy
performed on a body if the deceased was a child younger than six years of
age and the death is determined under Section 264.514, Family Code, to be
unexpected.  This bill revises Section 264.514, Family Code, to provide
that certain post-mortem inquest of a child by the medical examiner or
justice of the peace is not required when the death of the child is
expected.     

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 49.10(e), Code of Criminal Procedure, to require
a justice of the peace to order an autopsy performed on a body if, among
other choices, the deceased was a child younger than six years of age and
the death is determined under Section 264.514, Family Code, to be
unexpected, rather than for the death to be reported under Chapter 264,
Family Code.   

SECTION 2. Amends Sections 264.514(a), Family Code, to provide that an
inquest under this section by a medical examiner or justice of the peace
is not required under this subchapter if the child's death is expected and
is due to a congenital or neoplastic disease.  Authorizes a death caused
by an infectious disease to be considered an expected death if the disease
was not acquired as a result of trauma or poisoning; the infectious
organism is identified using standard medical procedures; and the death is
not reportable to the Department of Health under Chapter 81, Health and
Safety Code.   

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.