82R227 SJM-D

By: Anderson of McLennan H.B. No. 3546

A BILL TO BE ENTITLED

AN ACT

relating to requiring the performance of an autopsy when death is caused or apparently caused by suicide.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 49.10, Code of Criminal Procedure, is amended by amending Subsection (e) and adding Subsection (e-1) to read as follows:

(e) A justice of the peace shall order an autopsy performed on a body if:

(1) the justice determines that an autopsy is necessary to determine or confirm the nature and cause of death;

(2) the deceased was a child younger than six years of age and the death is determined under Section 264.514, Family Code, to be unexpected or the result of abuse or neglect; [or]

(3) directed to do so by the district attorney, criminal district attorney, or, if there is no district or criminal district attorney, the county attorney; or

(4) the deceased committed suicide or the circumstances of the death indicate that the death may have been caused by suicide.

(e-1) A complete autopsy is required in circumstances described by Subsection (e)(4).

SECTION 2. Section 9(a), Article 49.25, Code of Criminal Procedure, is amended to read as follows:

(a)(1) If the cause of death shall be determined beyond a reasonable doubt as a result of the investigation, the medical examiner shall file a report thereof setting forth specifically the cause of death with the district attorney or criminal district attorney, or in a county in which there is no district attorney or criminal district attorney with the county attorney, of the county in which the death occurred.

(2) If in the opinion of the medical examiner an autopsy is necessary, if the deceased committed suicide or the circumstances of the death indicate that the death may have been caused by suicide, or if an autopsy [such] is requested by the district attorney or criminal district attorney, or county attorney where there is no district attorney or criminal district attorney, the autopsy shall be immediately performed by the medical examiner or a duly authorized deputy.

(3) In those cases where a complete autopsy is deemed unnecessary by the medical examiner to ascertain the cause of death, the medical examiner may perform a limited autopsy involving the taking of blood samples or any other samples of body fluids, tissues or organs, in order to ascertain the cause of death or whether a crime has been committed. A complete autopsy is required if the deceased committed suicide or the circumstances of the death indicate that the death may have been caused by suicide.

(4) In the case of a body of a human being whose identity is unknown, the medical examiner may authorize such investigative and laboratory tests and processes as are required to determine its identity as well as the cause of death.

(5) In performing an autopsy the medical examiner or authorized deputy may use the facilities of any city or county hospital within the county or such other facilities as are made available.

(6) Upon completion of the autopsy, the medical examiner shall file a report setting forth the findings in detail with the office of the district attorney or criminal district attorney of the county, or if there is no district attorney or criminal district attorney, with the county attorney of the county.

SECTION 3. The change in law made by this Act applies only to a death reported under Chapter 49, Code of Criminal Procedure, on or after the effective date of this Act. A death reported before the effective date of this Act is governed by the law in effect at the time the death was reported, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2011.