By Madla S.B. No. 389
76R5417 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigating certain deaths and performing autopsies
1-3 on certain bodies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 673.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 673.002. AUTOPSY. (a) The death in this state of a
1-8 child 12 months old or younger [than two years old] shall be
1-9 immediately reported to the justice of the peace, [coroner,]
1-10 medical examiner, or other proper official as prescribed by law if
1-11 the child dies suddenly or is found dead and if the cause of death
1-12 is unknown.
1-13 (b) The justice of the peace[, coroner,] or medical examiner
1-14 shall inform the child's legal guardian or parents that an autopsy
1-15 shall be performed [they may request an autopsy to be performed] on
1-16 the child. The [and that the] state shall [will] pay the
1-17 reasonable costs of the autopsy if the primary cause of death of
1-18 the child is sudden infant death syndrome. The department shall
1-19 adopt rules that:
1-20 (1) define sudden infant death syndrome;
1-21 (2) identify the reimbursable costs of an autopsy; and
1-22 (3) describe the method for obtaining reimbursement
1-23 for the cost of an autopsy.
1-24 (c) After the autopsy is completed, the [If the child's
2-1 parents or legal guardian request an autopsy, the justice of the
2-2 peace, coroner, or medical examiner shall arrange for the autopsy.
2-3 The] child's parents or legal guardian shall be [promptly] notified
2-4 of the autopsy results.
2-5 (d) [The reasonable costs of an autopsy performed under this
2-6 section shall be reported to the commissioner. The commissioner
2-7 shall instruct the comptroller of public accounts to pay the claim
2-8 out of funds appropriated for that purpose.]
2-9 [(e) The commissioner shall determine if a claim for the
2-10 costs of an autopsy is reasonable and proper.]
2-11 [(f)] This section does not affect the duties of the justice
2-12 of the peace[, coroner,] or medical examiner prescribed by other
2-13 laws.
2-14 SECTION 2. Article 49.04(a), Code of Criminal Procedure, is
2-15 amended to read as follows:
2-16 (a) A justice of the peace shall conduct an inquest into the
2-17 death of a person who dies in the county served by the justice if:
2-18 (1) the person dies in prison under circumstances
2-19 other than those described by Section 501.055(b), Government Code,
2-20 or in jail;
2-21 (2) the person dies an unnatural death from a cause
2-22 other than a legal execution;
2-23 (3) the body of a person is found, the cause or
2-24 circumstances of death are unknown, and:
2-25 (A) the body is identified; or
2-26 (B) the body is unidentified;
2-27 (4) the circumstances of the death indicate that the
3-1 death may have been caused by unlawful means;
3-2 (5) the person commits suicide or the circumstances of
3-3 the death indicate that the death may have been caused by suicide;
3-4 (6) the person dies without having been attended by a
3-5 physician;
3-6 (7) the person dies while attended by a physician who
3-7 is unable to certify the cause of death and who requests the
3-8 justice of the peace to conduct an inquest; or
3-9 (8) the deceased was [person is] a child [who is]
3-10 younger than six years of age and the death is determined under
3-11 Section 264.514, Family Code, to be unexpected or the result of
3-12 abuse or neglect [reported under Chapter 264, Family Code].
3-13 SECTION 3. Section 264.514(b), Family Code, is amended to
3-14 read as follows:
3-15 (b) The medical examiner or justice of the peace shall
3-16 immediately notify an appropriate local law enforcement agency if
3-17 the medical examiner or justice of the peace determines that the
3-18 death is unexpected or the result of abuse or neglect, and that
3-19 agency shall investigate the child's death.
3-20 SECTION 4. This Act takes effect September 1, 1999, and
3-21 applies only to a death that occurs on or after that date.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.