Texas 2023 - 88th Regular

Texas Senate Bill SB760

Filed
2/7/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
4/27/23  
Out of House Committee
5/8/23  
Voted on by House
5/9/23  
Governor Action
5/23/23  

Caption

Relating to taking a blood specimen from the body of a deceased person during an inquest.

Impact

The impact of SB760 on state laws includes a modification to Article 49.10 of the Code of Criminal Procedure, allowing designated professionals such as physicians and registered nurses to collect blood samples as ordered by a JP. This capability seeks to reduce costs and the lengthy wait times often associated with full autopsies while providing law enforcement with critical evidence in determining the cause of death. This measure aims to enhance the efficiency of investigations, enabling quicker resolutions and potentially aiding in uncovering homicides that may otherwise go unresolved.

Summary

Senate Bill 760 (SB760) introduces a provision that allows a Justice of the Peace (JP) to order a blood specimen from a deceased individual's body during an inquest. This legislative measure is intended to assist in the determination of the cause and manner of death by offering an additional investigative tool while also addressing the limitations present in the current inquest processes. Anticipated to take effect on September 1, 2023, this bill aims to streamline procedures that can significantly impact the speed and effectiveness of death investigations, especially in cases of potential homicide.

Sentiment

Sentiment towards SB760 has generally been positive, particularly among those in law enforcement and public safety sectors. Supporters argue that the bill will streamline inquest investigations, ultimately leading to better outcomes in case resolutions. Many believe that this legislative change is a necessary step to modernize the inquest process in Texas. However, there are likely to be concerns from various quarters regarding the implications of taking blood samples and the potential for misuse, thus highlighting the fine balance between expedited investigation and ethical considerations.

Contention

Notable points of contention surrounding SB760 primarily revolve around the ethical implications of collecting blood samples without full autopsies. While supporters emphasize its benefits for timely investigations, there is a critical need to ensure that the process is conducted with the utmost respect for the deceased and their families. Moreover, considerations regarding privacy rights and the integrity of post-mortem investigations are equally significant, making the discourse around this bill essential in shaping future criminal justice procedures. The potential for this bill to influence other areas of criminal investigation reform also raises questions about legislative boundaries and community values.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 49. Inquests Upon Dead Bodies
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2326

Identical Relating to taking a blood specimen from the body of a deceased person during an inquest.

Previously Filed As

TX HB2326

Relating to taking a blood specimen from the body of a deceased person during an inquest.

Similar Bills

No similar bills found.