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AN ACT
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relating to inquest summary reports and the preservation of |
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evidence collected in the course of an inquest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.17, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 49.17. EVIDENCE. A justice of the peace shall preserve |
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all tangible evidence that the justice accumulates in the course of |
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an inquest that tends to show the real cause of death or identify |
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the person who caused the death. The justice shall[:
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[(1)] deposit the evidence with the appropriate law |
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enforcement agency to be stored in the agency's property room for |
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safekeeping[; or
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[(2)
deliver the evidence to the district clerk for
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safekeeping subject to the order of the court]. |
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SECTION 2. Article 49.15(d), Code of Criminal Procedure, is |
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repealed. |
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SECTION 3. The certified copy of an inquest summary report |
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received and maintained by a district court clerk under Article |
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49.15(d), Code of Criminal Procedure, as it existed immediately |
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before the effective date of this Act, may be destroyed by the clerk |
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in accordance with the district court's records retention schedule. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, each district clerk in possession of evidence |
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delivered to the clerk for safekeeping under Article 49.17, Code of |
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Criminal Procedure, as that article existed immediately before the |
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effective date of this Act, shall transfer the evidence to the |
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appropriate law enforcement agency for safekeeping as provided by |
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Article 49.17, Code of Criminal Procedure, as amended by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 300 was passed by the House on May 2, |
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2019, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 300 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |