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.