79R7720 JD-D

By:  Jackson, Mike                                                S.B. No. 1274



A BILL TO BE ENTITLED

AN ACT

relating to limiting the inspection of and the public disclosure or 
release of certain autopsy reports held by a justice of the peace or 
a medical examiner.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 27.004, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  This subsection applies only to an autopsy report in 
which it is concluded that the cause of death was a criminal 
homicide.  Notwithstanding Subsection (a), the autopsy report may 
be withheld from public inspection or disclosure or release to the 
public:
		(1)  if the district, county, or criminal district 
attorney having jurisdiction determines that disclosure or release 
of the autopsy report would interfere with the detection, 
investigation, or prosecution of the offense and requests that the 
report be withheld; or
		(2)  unless disclosure or release is required by a 
subpoena or by another law.
	SECTION 2.  Article 49.15, Code of Criminal Procedure, is 
amended by adding Subsection (e) to read as follows:
	(e)  This subsection applies only to an autopsy report in an 
inquest record in which it is concluded that the cause of death was 
a criminal homicide.  The autopsy report may be withheld from public 
inspection or disclosure or release to the public:
		(1)  if the district, county, or criminal district 
attorney having jurisdiction determines that disclosure or release 
of the autopsy report would interfere with the detection, 
investigation, or prosecution of the offense; or 
		(2)  unless disclosure or release is required by a 
subpoena or by another law.
	SECTION 3.  Section 11, Article 49.25, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 11.  (a) The medical examiner shall keep full and 
complete records properly indexed, giving the name if known of 
every person whose death is investigated, the place where the body 
was found, the date, the cause and manner of death, and shall issue 
a death certificate.  The full report and detailed findings of the 
autopsy, if any, shall be a part of the record.  Copies of all 
records shall promptly be delivered to the proper district, county, 
or criminal district attorney in any case where further 
investigation is advisable.  Except as provided by Subsection (b), 
the  [The] records are subject to required public disclosure in 
accordance with Chapter 552, Government Code, except that a 
photograph or x-ray of a body taken during an autopsy is excepted 
from required public disclosure in accordance with Chapter 552, 
Government Code, but is subject to disclosure:
		(1)  under a subpoena or authority of other law;  or                          
		(2)  if the photograph or x-ray is of the body of a 
person who died while in the custody of law enforcement.
	(b)  This subsection applies only to an autopsy report in 
which the medical examiner concludes that the cause of death was a 
criminal homicide.  The autopsy report may be withheld from public 
inspection or disclosure or release to the public:
		(1)  if the district, county, or criminal district 
attorney having jurisdiction determines that disclosure or release 
of the autopsy report would interfere with the detection, 
investigation, or prosecution of the offense; or
		(2)  unless disclosure or release is required by a 
subpoena or by another law.
	SECTION 4.  This Act takes effect September 1, 2005.