By: Zaffirini S.B. No. 502
A BILL TO BE ENTITLED
AN ACT
1-1 relating to autopsies performed on a body and inquests required if
1-2 the deceased was a child younger than six years of age.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (e), Article 49.10, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (e) A justice of the peace shall order an autopsy performed
1-7 on a body if:
1-8 (1) the justice determines that an autopsy is
1-9 necessary to determine or confirm the nature and cause of death;
1-10 (2) the deceased was a child younger than six years of
1-11 age and the death is determined [was reported] under Section
1-12 264.514 [Chapter 264], Family Code, to be unexpected; or
1-13 (3) directed to do so by the district attorney,
1-14 criminal district attorney, or, if there is no district or criminal
1-15 district attorney, the county attorney.
1-16 SECTION 2. Subsection (a), Section 264.514, Family Code, is
1-17 amended to read as follows:
1-18 (a) A medical examiner or justice of the peace notified of a
1-19 death of a child under Section 264.513 shall hold an inquest under
1-20 Chapter 49, Code of Criminal Procedure, to determine whether the
1-21 death is unexpected. An inquest is not required under this
1-22 subchapter if the child's death is expected and is due to a
1-23 congenital or neoplastic disease. A death caused by an infectious
2-1 disease may be considered an expected death if:
2-2 (1) the disease was not acquired as a result of trauma
2-3 or poisoning;
2-4 (2) the infectious organism is identified using
2-5 standard medical procedures; and
2-6 (3) the death is not reportable to the Texas
2-7 Department of Health under Chapter 81, Health and Safety Code.
2-8 SECTION 3. This Act takes effect September 1, 1997, and
2-9 applies only to a death of a child younger than six years of age
2-10 that occurs on or after September 1, 1997. A death of a child that
2-11 occurs before September 1, 1997, is governed by the law as it
2-12 existed immediately before the effective date of this Act, and that
2-13 law is continued in effect for that purpose.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.