75R10767 KEL-F
By Serna H.B. No. 2693
Substitute the following for H.B. No. 2693:
By Oakley C.S.H.B. No. 2693
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development of information to identify missing
1-3 persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 49.04, Code of Criminal Procedure, is
1-6 amended by amending Subsection (a) and adding Subsection (d) to
1-7 read as follows:
1-8 (a) A justice of the peace shall conduct an inquest into the
1-9 death of a person who dies in the county served by the justice if:
1-10 (1) the person dies in prison under circumstances
1-11 other than those described by Section 501.055(b), Government Code,
1-12 or in jail;
1-13 (2) the person dies an unnatural death from a cause
1-14 other than a legal execution;
1-15 (3) the body of a [the] person is found, [and] the
1-16 cause or circumstances of death are unknown, and:
1-17 (A) the body is identified; or
1-18 (B) the body is unidentified;
1-19 (4) the circumstances of the death indicate that the
1-20 death may have been caused by unlawful means;
1-21 (5) the person commits suicide or the circumstances of
1-22 the death indicate that the death may have been caused by suicide;
1-23 (6) the person dies without having been attended by a
1-24 physician;
2-1 (7) the person dies while attended by a physician who
2-2 is unable to certify the cause of death and who requests the
2-3 justice of the peace to conduct an inquest; or
2-4 (8) the person is a child who is younger than six
2-5 years of age and the death is reported under Chapter 264, Family
2-6 Code.
2-7 (d) A justice of the peace investigating a death described
2-8 by Subsection (a)(3)(B) shall report the death to the missing
2-9 children and missing persons information clearinghouse of the
2-10 Department of Public Safety and the national crime information
2-11 center not later than the 10th working day after the date the
2-12 investigation began.
2-13 SECTION 2. Article 49.07(d), Code of Criminal Procedure, is
2-14 amended to read as follows:
2-15 (d) A person commits an offense if the person is required by
2-16 this article to give notice and intentionally or knowingly fails to
2-17 give the notice. An offense under this subsection is a Class C
2-18 misdemeanor [punishable by a fine in an amount not to exceed $500].
2-19 SECTION 3. Article 49.09, Code of Criminal Procedure, is
2-20 amended by amending Subsections (b) and (d) and adding Subsection
2-21 (e) to read as follows:
2-22 (b) A person may not cremate or direct the cremation of a
2-23 body subject to investigation under Article 49.04 unless the body
2-24 is identified and the person has received from the justice of the
2-25 peace a certificate signed by the justice stating that:
2-26 (1) an autopsy was performed on the body under Article
2-27 49.10 of this code; or
3-1 (2) no autopsy was necessary.
3-2 (d) A person commits an offense if the person cremates or
3-3 directs the cremation of a body without obtaining a certificate
3-4 from a justice of the peace as required by Subsection (b) of this
3-5 article. An offense under this section is a Class B misdemeanor
3-6 [punishable by confinement in jail for a term not to exceed six
3-7 months, a fine not less than $500 or more than $1,000, or both the
3-8 fine and confinement].
3-9 (e) If the body of a deceased person is unidentified, a
3-10 person may not cremate or direct the cremation of the body under
3-11 this article. If the body is buried, the justice of the peace
3-12 shall record and maintain for not less than 10 years all
3-13 information pertaining to the body and the location of burial.
3-14 SECTION 4. Article 49.10, Code of Criminal Procedure, is
3-15 amended by adding Subsections (l), (m), and (n) to read as follows:
3-16 (l) A medical examination on an unidentified person shall
3-17 include the following information to enable a timely and accurate
3-18 identification of the person:
3-19 (1) all available fingerprints and palm prints;
3-20 (2) dental charts and radiographs (X-rays) of the
3-21 person's teeth;
3-22 (3) frontal and lateral facial photographs with scale
3-23 indicated;
3-24 (4) notation and photographs, with scale indicated, of
3-25 a significant scar, mark, tattoo, or item of clothing or other
3-26 personal effect found with or near the body;
3-27 (5) notation of antemortem medical conditions;
4-1 (6) notation of observations pertinent to the
4-2 estimation of time of death; and
4-3 (7) precise documentation of the location of burial of
4-4 the remains.
4-5 (m) A medical examination on an unidentified person may
4-6 include the following information to enable a timely and accurate
4-7 identification of the person:
4-8 (1) full body radiographs (X-rays); and
4-9 (2) hair specimens with roots.
4-10 (n) On discovering the body of a deceased person in the
4-11 circumstances described by Article 49.04(a)(3)(B), the medical
4-12 examiner may request the aid of a forensic anthropologist in the
4-13 examination of the body. The forensic anthropologist must be
4-14 board-certified by a nationally recognized association that
4-15 accredits practitioners in the forensic sciences. The forensic
4-16 anthropologist shall attempt to establish whether the body is of a
4-17 human or animal, whether evidence of childbirth, injury, or disease
4-18 exists, and the sex, race, age, stature, and physical anomalies of
4-19 the body. The forensic anthropologist may also attempt to
4-20 establish the cause, manner, and time of death.
4-21 SECTION 5. Article 49.22(d), Code of Criminal Procedure, is
4-22 amended to read as follows:
4-23 (d) An offense under this article is a Class B misdemeanor
4-24 [punishable by confinement in jail for a term not to exceed 30
4-25 days, a fine not to exceed $1,000, or both the fine and
4-26 confinement].
4-27 SECTION 6. Article 49.25, Code of Criminal Procedure, is
5-1 amended by amending Sections 6, 7, and 9, redesignating existing
5-2 Section 13 as Section 14 and amending that section, and adding new
5-3 Sections 10b and 13 to read as follows:
5-4 Sec. 6. Death investigations. (a) Any medical examiner, or
5-5 his duly authorized deputy, shall be authorized, and it shall be
5-6 his duty, to hold inquests with or without a jury within his
5-7 county, in the following cases:
5-8 1. When a person shall die within twenty-four hours
5-9 after admission to a hospital or institution or in prison or in
5-10 jail;
5-11 2. When any person is killed; or from any cause dies
5-12 an unnatural death, except under sentence of the law; or dies in
5-13 the absence of one or more good witnesses;
5-14 3. When the body of a person [human being] is found,
5-15 [and] the cause or circumstances of [his] death are unknown, and:
5-16 (A) the body is identified; or
5-17 (B) the body is unidentified;
5-18 4. When the circumstances of the death of any person
5-19 are such as to lead to suspicion that he came to his death by
5-20 unlawful means;
5-21 5. When any person commits suicide, or the
5-22 circumstances of his death are such as to lead to suspicion that he
5-23 committed suicide;
5-24 6. When a person dies without having been attended by
5-25 a duly licensed and practicing physician, and the local health
5-26 officer or registrar required to report the cause of death under
5-27 Section 193.005, Health and Safety Code, does not know the cause of
6-1 death. When the local health officer or registrar of vital
6-2 statistics whose duty it is to certify the cause of death does not
6-3 know the cause of death, he shall so notify the medical examiner of
6-4 the county in which the death occurred and request an inquest;
6-5 7. When the person is a child who is younger than six
6-6 years of age and the death is reported under Chapter 264, Family
6-7 Code; and
6-8 8. When a person dies who has been attended
6-9 immediately preceding his death by a duly licensed and practicing
6-10 physician or physicians, and such physician or physicians are not
6-11 certain as to the cause of death and are unable to certify with
6-12 certainty the cause of death as required by Section 193.004, Health
6-13 and Safety Code. In case of such uncertainty the attending
6-14 physician or physicians, or the superintendent or general manager
6-15 of the hospital or institution in which the deceased shall have
6-16 died, shall so report to the medical examiner of the county in
6-17 which the death occurred, and request an inquest.
6-18 (b) The inquests authorized and required by this Article
6-19 shall be held by the medical examiner of the county in which the
6-20 death occurred.
6-21 (c) In making such investigations and holding such inquests,
6-22 the medical examiner or an authorized deputy may administer oaths
6-23 and take affidavits. In the absence of next of kin or legal
6-24 representatives of the deceased, the medical examiner or authorized
6-25 deputy shall take charge of the body and all property found with
6-26 it.
6-27 Sec. 7. Reports of Death. (a) Any police officer,
7-1 superintendent of institution, physician, or private citizen who
7-2 shall become aware of a death under any of the circumstances set
7-3 out in Section 6(a) of this Article, shall immediately report such
7-4 death to the office of the medical examiner or to the city or
7-5 county police departments; any such report to a city or county
7-6 police department shall be immediately transmitted to the office of
7-7 the medical examiner.
7-8 (b) A person investigating a death described by Subdivision
7-9 3(B) of Section 6(a) shall report the death to the missing children
7-10 and missing persons information clearinghouse of the Department of
7-11 Public Safety and the national crime information center not later
7-12 than the 10th working day after the date the investigation began.
7-13 Sec. 9. Autopsy. (a) If the cause of death shall be
7-14 determined beyond a reasonable doubt as a result of the
7-15 investigation, the medical examiner shall file a report thereof
7-16 setting forth specifically the cause of death with the district
7-17 attorney or criminal district attorney, or in a county in which
7-18 there is no district attorney or criminal district attorney with
7-19 the county attorney, of the county in which the death occurred. If
7-20 in the opinion of the medical examiner an autopsy is necessary, or
7-21 if such is requested by the district attorney or criminal district
7-22 attorney, or county attorney where there is no district attorney or
7-23 criminal district attorney, the autopsy shall be immediately
7-24 performed by the medical examiner or a duly authorized deputy. In
7-25 those cases where a complete autopsy is deemed unnecessary by the
7-26 medical examiner to ascertain the cause of death, the medical
7-27 examiner may perform a limited autopsy involving the taking of
8-1 blood samples or any other samples of body fluids, tissues or
8-2 organs, in order to ascertain the cause of death or whether a crime
8-3 has been committed. In the case of a body of a human being whose
8-4 identity is unknown, the medical examiner may authorize such
8-5 investigative and laboratory tests and processes as are required to
8-6 determine its identity as well as the cause of death. In
8-7 performing an autopsy the medical examiner or authorized deputy may
8-8 use the facilities of any city or county hospital within the county
8-9 or such other facilities as are made available. Upon completion of
8-10 the autopsy, the medical examiner shall file a report setting forth
8-11 the findings in detail with the office of the district attorney or
8-12 criminal district attorney of the county, or if there is no
8-13 district attorney or criminal district attorney, with the county
8-14 attorney of the county.
8-15 (b) A medical examination on an unidentified person shall
8-16 include the following information to enable a timely and accurate
8-17 identification of the person:
8-18 (1) all available fingerprints and palm prints;
8-19 (2) dental charts and radiographs (X-rays) of the
8-20 person's teeth;
8-21 (3) frontal and lateral facial photographs with scale
8-22 indicated;
8-23 (4) notation and photographs, with scale indicated, of
8-24 a significant scar, mark, tattoo, or item of clothing or other
8-25 personal effect found with or near the body;
8-26 (5) notation of antemortem medical conditions;
8-27 (6) notation of observations pertinent to the
9-1 estimation of time of death; and
9-2 (7) precise documentation of the location of burial of
9-3 the remains.
9-4 (c) A medical examination on an unidentified person may
9-5 include the following information to enable a timely and accurate
9-6 identification of the person:
9-7 (1) full body radiographs (X-rays); and
9-8 (2) hair specimens with roots.
9-9 Sec. 10b. DISPOSAL OF UNIDENTIFIED BODY. If the body of a
9-10 deceased person is unidentified, a person may not cremate or direct
9-11 the cremation of the body under this article. If the body is
9-12 buried, the investigating agency responsible for the burial shall
9-13 record and maintain for not less than 10 years all information
9-14 pertaining to the body and the location of burial.
9-15 Sec. 13. USE OF FORENSIC ANTHROPOLOGIST. On discovering the
9-16 body of a deceased person in the circumstances described by
9-17 Subdivision 3(B) of Section 6(a), the medical examiner may request
9-18 the aid of a forensic anthropologist in the examination of the
9-19 body. The forensic anthropologist must be board-certified by a
9-20 nationally recognized association that accredits practitioners in
9-21 the forensic sciences. The forensic anthropologist shall attempt
9-22 to establish whether the body is of a human or animal, whether
9-23 evidence of childbirth, injury, or disease exists, and the sex,
9-24 race, age, stature, and physical anomalies of the body. The
9-25 forensic anthropologist may also attempt to establish the cause,
9-26 manner, and time of death.
9-27 Sec. 14. PENALTY. (a) A person commits an offense if the
10-1 person knowingly violates this article.
10-2 (b) An offense under this section is a Class B misdemeanor
10-3 [Any person in violation of any provision of this Article, upon
10-4 conviction, shall be punished by a fine of not more than five
10-5 hundred dollars or by imprisonment in the county jail for not more
10-6 than thirty days or both such fine and imprisonment].
10-7 SECTION 7. This Act takes effect September 1, 1997. The
10-8 change in law made by this Act applies only to an offense committed
10-9 on or after the effective date of this Act. An offense committed
10-10 before the effective date of this Act is covered by the law in
10-11 effect when the offense was committed, and the former law is
10-12 continued in effect for that purpose. For purposes of this
10-13 section, an offense was committed before the effective date of this
10-14 Act if any element of the offense occurred before that date.
10-15 SECTION 8. The importance of this legislation and the
10-16 crowded condition of the calendars in both houses create an
10-17 emergency and an imperative public necessity that the
10-18 constitutional rule requiring bills to be read on three several
10-19 days in each house be suspended, and this rule is hereby suspended.