85R1578 MAW-F
By: Hinojosa S.B. No. 713
A BILL TO BE ENTITLED
AN ACT
relating to investigative and laboratory tests and processes
conducted with respect to unidentified human remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 49.10(k), Code of Criminal Procedure, is
amended to read as follows:
(k) A justice of the peace may order an investigative or
laboratory test to determine the identity of a deceased person.
After proper removal of a sample from a body, the [a] justice may
order any person specially trained in identification work to
complete any tests necessary to determine the identity of the
deceased person. The justice may provide for a DNA sample to be
collected from the deceased person and submitted for analysis as
provided by Article 63.056.
SECTION 2. The heading to Section 9, Article 49.25, Code of
Criminal Procedure, is amended to read as follows:
Sec. 9. AUTOPSY AND TESTS.
SECTION 3. Section 9, Article 49.25, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) 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. If in the opinion of the medical
examiner an autopsy is necessary, or if 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. 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. In the case of a
body of a deceased person [human being] whose identity is unknown,
the medical examiner or an authorized deputy may order any
[authorize such] investigative and laboratory tests and processes
as are required to determine [its identity as well as] the cause of
death of the person. 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. 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.
(a-1) In the case of a body of a deceased person whose
identity is unknown, the medical examiner or an authorized deputy
may order any investigative and laboratory tests and processes as
are required to determine the identity of the person. The medical
examiner or deputy may provide for a DNA sample to be collected from
the deceased person and submitted for analysis as provided by
Article 63.056.
SECTION 4. Article 63.051(2), Code of Criminal Procedure,
is amended to read as follows:
(2) "Center" means the University of North Texas
Center for Human Identification at the University of North Texas
Health Science Center at Fort Worth.
SECTION 5. Article 63.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The board shall develop at the University of North Texas
Center for Human Identification at the University of North Texas
Health Science Center at Fort Worth a DNA database for any case
based on the report of unidentified human remains or a report of a
high-risk missing person.
SECTION 6. This Act takes effect September 1, 2017.