S.B. 356 78(R)    BILL ANALYSIS


S.B. 356
By: Janek
Public Health
Committee Report (Unamended)


BACKGROUND AND PURPOSE 
Currently, a justice of the peace is only required to conduct an inquest
into a person's death when 
a person's body is found, the cause or circumstances of death are unknown,
and the body is either 
identified or unidentified. This bill requires an inquest into a person's
death when a body part 
is found, in addition to the other circumstances. This bill also requires
the forensic anthropologist, requested by the medical examiner or justice
of the peace to aid in the examination of the body or body part, to hold a
doctoral degree in anthropology with an emphasis 
in physical anthropology.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. Amends Article 49.04(a), Code of Criminal Procedure, to require
an inquest into a 
person's death when a body part is found, in addition to other
circumstances in which an in 
inquest is required. Replaces existing text "body" with "person" related
to conducting an inquest 
into a person's death.

SECTION 2. Amends Article 49.07 (a), (b), and (c), Code of Criminal
Procedure, to make 
changes related to an inquest when a body part is found.

SECTION 3. Amends Article 49.09(a), Code of Criminal Procedure, to make
changes related to an inquest when a body part is found. 

SECTION 4. Amends Article 49.10(n), Code of Criminal Procedure, to
authorize the justice of 
the peace, rather than the medical examiner, to request the aid of a
forensic anthropologist in the 
examination of the body or body part, on discovering the body or a body
part of a deceased 
person in the circumstances described by Article 49.04(a)(3)(B). Requires
the forensic 
anthropologist to hold a doctoral degree in anthropology with an emphasis
in physical 
anthropology, rather than be eligible for board certification by a
nationally recognized association 
that accredits practitioners in the forensic sciences.

SECTION 5. Amends Article 49.22(a), Code of Criminal Procedure, to make
changes related to an inquest when a body part is found. 

SECTION 6. Amends Section 6(a), Article 49.25, code of Criminal Procedure,
to make 
changes related to an inquest when a body part is found and replacing
existing text "body" with "person." 

SECTION 7. Amends Section 13, Article 49.25, Code of Criminal Procedure,
to make changes relating to an inquest when a body part is found. 

SECTION 8. Effective date: September 1, 2003.

SECTION 9. Makes application of this Act prospective.

EFFECTIVE DATE
September 1, 2003.