By Place H.B. No. 2827
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures applicable to an investigation involving the
1-3 death of an inmate in the custody of the Texas Department of
1-4 Criminal Justice or imprisoned in a facility operated by or under
1-5 contract with the department.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsection (c), Article 49.18, Code of Criminal
1-8 Procedure, is amended to read as follows:
1-9 (c) Subsection (a) [This article] does not apply to a death
1-10 that occurs in a facility operated by or under contract with the
1-11 Texas Department of Criminal Justice. Subsection (b) does not
1-12 apply to a death that occurs in a facility operated by or under
1-13 contract with the Texas Department of Criminal Justice if the death
1-14 occurs under circumstances described by Section 501.055(b),
1-15 Government Code.
1-16 SECTION 2. Section 501.055, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 501.055. REPORT OF INMATE DEATH. (a) If an inmate
1-19 dies while in the custody of [confined in a facility operated by or
1-20 under contract with] the department, an employee of the facility
1-21 who is in charge of the inmate shall immediately notify the nearest
1-22 justice of the peace serving in the county in which the inmate died
1-23 and the office of internal affairs for the department. The justice
1-24 shall personally inspect the body and make an inquiry as to the
2-1 cause of death. The justice shall make written copies of evidence
2-2 taken during the inquest, and give one copy to the director and one
2-3 copy to a district judge serving in the county in which the inmate
2-4 died. The judge shall provide the copy to the grand jury and, if
2-5 the judge determines the evidence indicates wrongdoing, instruct
2-6 the grand jury to thoroughly investigate the cause of death.
2-7 (b) Subsection (a) does not apply if the inmate:
2-8 (1) dies of natural causes while attended by a
2-9 physician or a registered nurse [and an autopsy is scheduled to be
2-10 performed]; or
2-11 (2) is lawfully executed.
2-12 (c) If an inmate dies as described by Subsection (b)(1), the
2-13 department or an authorized official of the department shall order
2-14 an autopsy to be performed on the inmate.
2-15 (d) For purposes of this section, an "inmate in the custody
2-16 of the department" is a convicted felon who:
2-17 (1) is confined in a secure correctional facility
2-18 operated by or under contract with the department; or
2-19 (2) has been admitted for treatment into a hospital
2-20 while remaining in the custody of the department.
2-21 SECTION 3. Article 49.13, Code of Criminal Procedure, is
2-22 amended to read as follows:
2-23 Art. 49.13. CONSENT TO AUTOPSY. (a) Consent for a
2-24 physician to conduct an autopsy is sufficient if given by the
2-25 following:
2-26 (1) if the deceased was married, the surviving spouse;
2-27 (2) if the deceased was married but not survived by a
3-1 spouse, an adult child of the deceased;
3-2 (3) if the deceased was married but not survived by a
3-3 spouse, and a child of the deceased is under the care of a guardian
3-4 or a court, the guardian or court having care of the child; or
3-5 (4) if the deceased person was unmarried or is not
3-6 survived by a spouse or a child, the following persons in the order
3-7 stated:
3-8 (A) a parent;
3-9 (B) a guardian;
3-10 (C) the next of kin; or
3-11 (D) any person who assumes custody of and
3-12 responsibility for the burial of the body.
3-13 (b) Notwithstanding Subsection (a), consent for a physician
3-14 to conduct an autopsy is sufficient if given by the Texas
3-15 Department of Criminal Justice or an authorized official of the
3-16 department in accordance with Section 501.055, Government Code.
3-17 SECTION 4. The change in law made by this Act applies only
3-18 to the investigation of the death of an inmate who dies on or after
3-19 the effective date of this Act. The investigation of the death of
3-20 an inmate who dies before the effective date of this Act is covered
3-21 by the law in effect when the inmate died, and the former law is
3-22 continued in effect for that purpose.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.