Texas 2017 - 85th Regular

Texas Senate Bill SB713 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1578 MAW-F
2	2	By: Hinojosa S.B. No. 713
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to investigative and laboratory tests and processes
8	8	conducted with respect to unidentified human remains.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 49.10(k), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(k) A justice of the peace may order an investigative or
13	13	laboratory test to determine the identity of a deceased person.
14	14	After proper removal of a sample from a body, the [a] justice may
15	15	order any person specially trained in identification work to
16	16	complete any tests necessary to determine the identity of the
17	17	deceased person. The justice may provide for a DNA sample to be
18	18	collected from the deceased person and submitted for analysis as
19	19	provided by Article 63.056.
20	20	SECTION 2. The heading to Section 9, Article 49.25, Code of
21	21	Criminal Procedure, is amended to read as follows:
22	22	Sec. 9. AUTOPSY AND TESTS.
23	23	SECTION 3. Section 9, Article 49.25, Code of Criminal
24	24	Procedure, is amended by amending Subsection (a) and adding
25	25	Subsection (a-1) to read as follows:
26	26	(a) If the cause of death shall be determined beyond a
27	27	reasonable doubt as a result of the investigation, the medical
28	28	examiner shall file a report thereof setting forth specifically the
29	29	cause of death with the district attorney or criminal district
30	30	attorney, or in a county in which there is no district attorney or
31	31	criminal district attorney with the county attorney, of the county
32	32	in which the death occurred. If in the opinion of the medical
33	33	examiner an autopsy is necessary, or if such is requested by the
34	34	district attorney or criminal district attorney, or county attorney
35	35	where there is no district attorney or criminal district attorney,
36	36	the autopsy shall be immediately performed by the medical examiner
37	37	or a duly authorized deputy. In those cases where a complete
38	38	autopsy is deemed unnecessary by the medical examiner to ascertain
39	39	the cause of death, the medical examiner may perform a limited
40	40	autopsy involving the taking of blood samples or any other samples
41	41	of body fluids, tissues or organs, in order to ascertain the cause
42	42	of death or whether a crime has been committed. In the case of a
43	43	body of a deceased person [human being] whose identity is unknown,
44	44	the medical examiner or an authorized deputy may order any
45	45	[authorize such] investigative and laboratory tests and processes
46	46	as are required to determine [its identity as well as] the cause of
47	47	death of the person. In performing an autopsy the medical examiner
48	48	or authorized deputy may use the facilities of any city or county
49	49	hospital within the county or such other facilities as are made
50	50	available. Upon completion of the autopsy, the medical examiner
51	51	shall file a report setting forth the findings in detail with the
52	52	office of the district attorney or criminal district attorney of
53	53	the county, or if there is no district attorney or criminal district
54	54	attorney, with the county attorney of the county.
55	55	(a-1) In the case of a body of a deceased person whose
56	56	identity is unknown, the medical examiner or an authorized deputy
57	57	may order any investigative and laboratory tests and processes as
58	58	are required to determine the identity of the person. The medical
59	59	examiner or deputy may provide for a DNA sample to be collected from
60	60	the deceased person and submitted for analysis as provided by
61	61	Article 63.056.
62	62	SECTION 4. Article 63.051(2), Code of Criminal Procedure,
63	63	is amended to read as follows:
64	64	(2) "Center" means the University of North Texas
65	65	Center for Human Identification at the University of North Texas
66	66	Health Science Center at Fort Worth.
67	67	SECTION 5. Article 63.052(a), Code of Criminal Procedure,
68	68	is amended to read as follows:
69	69	(a) The board shall develop at the University of North Texas
70	70	Center for Human Identification at the University of North Texas
71	71	Health Science Center at Fort Worth a DNA database for any case
72	72	based on the report of unidentified human remains or a report of a
73	73	high-risk missing person.
74	74	SECTION 6. This Act takes effect September 1, 2017.