SRC-JFA S.B. 502 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 502
By: Zaffirini
Jurisprudence
4-1-97
As Filed


DIGEST 

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. 

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.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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

SECTION 3. Emergency clause.