By: Madla, Moncrief S.B. No. 515
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of an adult fatality review team and
1-3 to the reporting and investigation of certain adult deaths;
1-4 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 8, Health and Safety Code, is
1-7 amended by adding Chapter 672 to read as follows:
1-8 CHAPTER 672. ADULT FATALITY REVIEW AND INVESTIGATION
1-9 Sec. 672.001. DEFINITIONS. In this chapter:
1-10 (1) "Abuse" means:
1-11 (A) the negligent or wilful infliction of
1-12 injury, unreasonable confinement, intimidation, or cruel punishment
1-13 with resulting emotional or physical harm leading to death; or
1-14 (B) sexual abuse of an adult, including any
1-15 involuntary or nonconsensual sexual conduct that would constitute
1-16 an offense under Section 21.08, Penal Code, or Chapter 22, Penal
1-17 Code.
1-18 (2) "Autopsy" and "inquest" have the meanings assigned
1-19 by Article 49.01, Code of Criminal Procedure.
1-20 (3) "Family violence" has the meaning assigned by
1-21 Section 71.004, Family Code.
1-22 (4) "Health care provider" means any health care
1-23 practitioner or facility that provides medical evaluation or
1-24 treatment, including dental and mental health evaluation or
1-25 treatment.
2-1 (5) "Review" means a reexamination of information
2-2 regarding a deceased adult from relevant agencies, professionals,
2-3 and health care providers.
2-4 (6) "Review team" means an unexpected fatality review
2-5 team established under this chapter.
2-6 (7) "Unexpected death" includes a death of an adult
2-7 that before investigation appears:
2-8 (A) to have occurred without anticipation or
2-9 forewarning; and
2-10 (B) to have been caused by suicide, family
2-11 violence, or abuse.
2-12 Sec. 672.002. ESTABLISHMENT OF REVIEW TEAM. (a) A
2-13 multidisciplinary and multiagency unexpected fatality review team
2-14 may be established for a county to conduct reviews of unexpected
2-15 deaths that occur within the county. A review team for a county
2-16 with a population of less than 50,000 may join with an adjacent
2-17 county or counties to establish a combined review team.
2-18 (b) The commissioners court of a county may oversee the
2-19 activities of the review team or may designate a county department
2-20 to oversee those activities. The commissioners court may designate
2-21 a nonprofit agency or a political subdivision of the state involved
2-22 in the support or treatment of victims of family violence, abuse,
2-23 or suicide to oversee the activities of the review team if the
2-24 governing body of the nonprofit agency or political subdivision
2-25 concurs.
2-26 (c) Any person who may be a member of a review team under
3-1 Subsection (d) may initiate the establishment of a review team and
3-2 call the first organizational meeting of the team.
3-3 (d) A review team may include:
3-4 (1) a criminal prosecutor involved in prosecuting
3-5 crimes involving family violence;
3-6 (2) a peace officer;
3-7 (3) a justice of the peace or medical examiner;
3-8 (4) a public health professional;
3-9 (5) a representative of the Department of Protective
3-10 and Regulatory Services engaged in providing adult protective
3-11 services;
3-12 (6) a mental health services provider;
3-13 (7) a representative of the family violence shelter
3-14 center providing services to the county;
3-15 (8) the victim witness advocate in the county
3-16 prosecutor's office;
3-17 (9) a representative from the battering intervention
3-18 and prevention program for the county; and
3-19 (10) a community supervision and corrections
3-20 department officer.
3-21 (e) Members of a review team may select additional team
3-22 members according to community resources and needs.
3-23 (f) A review team shall select a presiding officer from its
3-24 members.
3-25 (g) Members selected under Subsection (e) must reflect the
3-26 geographical, cultural, racial, ethnic, and gender diversity of the
4-1 county or counties represented.
4-2 (h) Members selected under this section should have
4-3 experience in abuse, neglect, suicide, family violence, or elder
4-4 abuse.
4-5 Sec. 672.003. PURPOSE AND POWERS OF REVIEW TEAM. (a) The
4-6 purpose of a review team is to decrease the incidence of
4-7 preventable adult deaths by:
4-8 (1) providing assistance, direction, and coordination
4-9 to the investigations of deaths from suicide, family violence, or
4-10 abuse;
4-11 (2) promoting cooperation, communication, and
4-12 coordination among agencies involved in responding to unexpected
4-13 deaths;
4-14 (3) developing an understanding of the causes and
4-15 incidence of unexpected deaths in the county or counties in which
4-16 the review team is located; and
4-17 (4) advising the legislature, appropriate state
4-18 agencies, and local law enforcement agencies on changes to law,
4-19 policy, or practice that will reduce the number of unexpected
4-20 deaths.
4-21 (b) To achieve its purpose, a review team shall:
4-22 (1) develop and implement, according to local needs
4-23 and resources, appropriate protocols;
4-24 (2) meet on a regular basis to review fatality cases
4-25 suspected to have resulted from suicide, family violence, or abuse
4-26 and recommend methods to improve coordination of services and
5-1 investigations between agencies that are represented on the team;
5-2 (3) collect and maintain data, as appropriate; and
5-3 (4) submit the report required under Section 672.008.
5-4 Sec. 672.004. DUTIES OF PRESIDING OFFICER. The presiding
5-5 officer of a review team may:
5-6 (1) send notices to the review team members of a
5-7 meeting to review a fatality involving suspected suicide, family
5-8 violence, or abuse;
5-9 (2) provide a list to the review team members of each
5-10 fatality to be reviewed at the meeting; and
5-11 (3) ensure that the review team operates according to
5-12 the protocols developed by the review team.
5-13 Sec. 672.005. REVIEW PROCEDURE. (a) The review team of the
5-14 county in which the event that was the cause of the unexpected
5-15 death occurred, as stated on the death certificate or as otherwise
5-16 indicated by the medical examiner or justice of the peace notified
5-17 of the death, may review the death.
5-18 (b) On receipt of the list of fatalities under Section
5-19 672.004, each review team member shall review available records for
5-20 information regarding each listed unexpected death.
5-21 Sec. 672.006. ACCESS TO INFORMATION. (a) A review team may
5-22 request information and records regarding adult deaths resulting
5-23 from suicide, family violence, or abuse as necessary to carry out
5-24 the review team's purpose and duties. Records and information that
5-25 may be requested under this section include:
5-26 (1) medical, dental, and mental health care
6-1 information; and
6-2 (2) information and records maintained by any state or
6-3 local government agency, including:
6-4 (A) a birth certificate;
6-5 (B) law enforcement investigative data;
6-6 (C) medical examiner investigative data;
6-7 (D) juvenile court records;
6-8 (E) parole and probation information and
6-9 records; and
6-10 (F) adult protective services information and
6-11 records.
6-12 (b) On request of the presiding officer of a review team,
6-13 the custodian of the relevant information or records relating to
6-14 the deceased adult shall provide the information or records to the
6-15 review team. A law enforcement agency or a medical examiner may
6-16 decline to provide investigative data to a review team until after
6-17 the conclusion of the investigation.
6-18 (c) This section does not authorize the release of the
6-19 original or copies of the mental health or medical records of any
6-20 member of the deceased adult's family, the guardian or caretaker of
6-21 the deceased adult, or an alleged or suspected perpetrator of
6-22 family violence or abuse of the adult that are in the possession of
6-23 any state or local government agency as provided in Subsection
6-24 (a)(2). Information relating to the mental health or medical
6-25 condition of a member of the deceased adult's family, the guardian
6-26 or caretaker of the deceased adult, or the alleged or suspected
7-1 perpetrator of family violence or abuse of the deceased adult
7-2 acquired as part of an investigation by a state or local government
7-3 agency as provided in Subsection (a)(2) may be provided to the
7-4 review team.
7-5 (d) This section does not authorize any interference with a
7-6 criminal investigation, inquest, or autopsy.
7-7 Sec. 672.007. MEETING OF REVIEW TEAM. (a) A meeting of a
7-8 review team is closed to the public and not subject to the open
7-9 meetings law, Chapter 551, Government Code.
7-10 (b) This section does not prohibit a review team from
7-11 requesting the attendance at a closed meeting of a person who is
7-12 not a member of the review team and who has information regarding a
7-13 fatality resulting from suicide, family violence, or abuse.
7-14 (c) Except as necessary to carry out a review team's purpose
7-15 and duties, members of a review team and persons attending a review
7-16 team meeting may not disclose what occurred at the meeting.
7-17 (d) A member of a review team participating in the review of
7-18 an unexpected death is immune from civil or criminal liability
7-19 arising from participation in a review team, including civil or
7-20 criminal liability arising from information presented in or
7-21 opinions formed as a result of a meeting.
7-22 Sec. 672.008. REPORT. (a) Not later than December 15 of
7-23 each even-numbered year, each review team shall submit to the
7-24 Department of Protective and Regulatory Services a report on deaths
7-25 reviewed.
7-26 (b) Subject to Section 672.009, the Department of Protective
8-1 and Regulatory Services shall make the reports received under
8-2 Subsection (a) available to the public.
8-3 Sec. 672.009. USE OF INFORMATION AND RECORDS;
8-4 CONFIDENTIALITY. (a) Information and records acquired by a review
8-5 team in the exercise of its purpose and duties under this chapter
8-6 are confidential and exempt from disclosure under the open records
8-7 law, Chapter 552, Government Code, and may only be disclosed as
8-8 necessary to carry out the review team's purpose and duties.
8-9 (b) A report of a review team or a statistical compilation
8-10 of data reports is a public record subject to the open records law,
8-11 Chapter 552, Government Code, as if the review team were a
8-12 governmental body under that chapter, if the report or statistical
8-13 compilation does not contain any information that would permit the
8-14 identification of an individual and is not otherwise confidential
8-15 or privileged.
8-16 (c) A member of a review team may not disclose any
8-17 information that is confidential under this section.
8-18 (d) Information and records of a review team that are
8-19 confidential under this section are not subject to subpoena or
8-20 discovery and may not be introduced into evidence in any civil or
8-21 criminal proceeding, except that information and records otherwise
8-22 available from other sources are not immune from subpoena,
8-23 discovery, or introduction into evidence solely because they were
8-24 presented during proceedings of a review team or are maintained by
8-25 a review team.
8-26 (e) A person commits an offense if the person discloses
9-1 information made confidential by this section. An offense under
9-2 this subsection is a Class A misdemeanor.
9-3 Sec. 672.010. GOVERNMENTAL UNIT. A review team established
9-4 under this chapter is a local governmental unit for purposes of
9-5 Chapter 101, Civil Practice and Remedies Code.
9-6 Sec. 672.011. REPORT OF UNEXPECTED FATALITY. (a) A person,
9-7 including a health care provider, who knows of the death of an
9-8 adult that resulted from, or that occurred under circumstances
9-9 indicating death may have resulted from, suicide, family violence,
9-10 or abuse, shall immediately report the death to the medical
9-11 examiner of the county in which the death occurred or, if the death
9-12 occurred in a county that does not have a medical examiner's office
9-13 or that is not part of a medical examiner's district, to a justice
9-14 of the peace in that county.
9-15 (b) The requirement of this section is in addition to any
9-16 other reporting requirement imposed by law.
9-17 Sec. 672.012. PROCEDURE IN THE EVENT OF REPORTABLE DEATH.
9-18 (a) A medical examiner or justice of the peace notified of a death
9-19 under Section 672.011 may hold an inquest under Chapter 49, Code of
9-20 Criminal Procedure, to determine whether the death was caused by
9-21 suicide, family violence, or abuse.
9-22 (b) Without regard to whether an inquest is held under
9-23 Subsection (a), the medical examiner or justice of the peace shall
9-24 immediately notify the county or entity designated under Section
9-25 672.002(b) of:
9-26 (1) each notification of death received under Section
10-1 672.011;
10-2 (2) each death found to be caused by suicide, family
10-3 violence, or abuse; or
10-4 (3) each death that may be a result of suicide, family
10-5 violence, or abuse, without regard to whether the suspected
10-6 suicide, family violence, or abuse is determined to be a sole or
10-7 contributing cause and without regard to whether the cause of death
10-8 is conclusively determined.
10-9 SECTION 2. This Act takes effect September 1, 2001.
10-10 COMMITTEE AMENDMENT NO. 1
10-11 Amend S.B. 515, as follows:
10-12 Amend SECTION 1, Sec. 672.007, by striking proposed
10-13 Subsection (d) in its entirety.
10-14 Amend SECTION 1, Sec. 672.009, by striking proposed
10-15 Subsection (d) in its entirety.
10-16 Amend SECTION 1, by adding a new Subsection 672.010 to read
10-17 as follows:
10-18 Sec. 672.010. CIVIL LIABILITY FOR DISCLOSURE OF INFORMATION.
10-19 Subject to the limits described in Section 101.023(b), Civil
10-20 Practice and Remedies Code, a team organized pursuant to this
10-21 chapter, or any member thereof may be civilly liable for damages
10-22 caused by the disclosure of information gathered pursuant to an
10-23 investigation if such disclosure is made in violation of Section
10-24 672.007 and Section 672.009 of this chapter.
10-25 Dunnam