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A BILL TO BE ENTITLED
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AN ACT
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relating to investigative and laboratory tests and processes |
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conducted with respect to unidentified human remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.10(k), Code of Criminal Procedure, is |
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amended to read as follows: |
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(k) A justice of the peace may order an investigative or |
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laboratory test to determine the identity of a deceased person. |
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After proper removal of a sample from a body, the [a] justice may |
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order any person specially trained in identification work to |
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complete any tests necessary to determine the identity of the |
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deceased person. The justice may provide for a DNA sample to be |
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collected from the deceased person and submitted for analysis as |
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provided by Article 63.056. |
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SECTION 2. The heading to Section 9, Article 49.25, Code of |
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Criminal Procedure, is amended to read as follows: |
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Sec. 9. AUTOPSY AND TESTS. |
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SECTION 3. Section 9, Article 49.25, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsection (a-1) to read as follows: |
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(a) If the cause of death shall be determined beyond a |
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reasonable doubt as a result of the investigation, the medical |
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examiner shall file a report thereof setting forth specifically the |
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cause of death with the district attorney or criminal district |
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attorney, or in a county in which there is no district attorney or |
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criminal district attorney with the county attorney, of the county |
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in which the death occurred. If in the opinion of the medical |
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examiner an autopsy is necessary, or if such is requested by the |
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district attorney or criminal district attorney, or county attorney |
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where there is no district attorney or criminal district attorney, |
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the autopsy shall be immediately performed by the medical examiner |
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or a duly authorized deputy. In those cases where a complete |
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autopsy is deemed unnecessary by the medical examiner to ascertain |
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the cause of death, the medical examiner may perform a limited |
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autopsy involving the taking of blood samples or any other samples |
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of body fluids, tissues or organs, in order to ascertain the cause |
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of death or whether a crime has been committed. In the case of a |
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body of a deceased person [human being] whose identity is unknown, |
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the medical examiner or an authorized deputy may order any |
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[authorize such] investigative and laboratory tests and processes |
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as are required to determine [its identity as well as] the cause of |
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death of the person. In performing an autopsy the medical examiner |
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or authorized deputy may use the facilities of any city or county |
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hospital within the county or such other facilities as are made |
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available. Upon completion of the autopsy, the medical examiner |
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shall file a report setting forth the findings in detail with the |
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office of the district attorney or criminal district attorney of |
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the county, or if there is no district attorney or criminal district |
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attorney, with the county attorney of the county. |
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(a-1) In the case of a body of a deceased person whose |
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identity is unknown, the medical examiner or an authorized deputy |
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may order any investigative and laboratory tests and processes as |
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are required to determine the identity of the person. The medical |
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examiner or deputy may provide for a DNA sample to be collected from |
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the deceased person and submitted for analysis as provided by |
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Article 63.056. |
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SECTION 4. Article 63.051(2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(2) "Center" means the University of North Texas |
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Center for Human Identification at the University of North Texas |
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Health Science Center at Fort Worth. |
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SECTION 5. Article 63.052(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The board shall develop at the University of North Texas |
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Center for Human Identification at the University of North Texas |
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Health Science Center at Fort Worth a DNA database for any case |
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based on the report of unidentified human remains or a report of a |
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high-risk missing person. |
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SECTION 6. This Act takes effect September 1, 2017. |