Texas 2019 86th Regular

Texas Senate Bill SB1150 Introduced / Bill

Filed 02/26/2019

                    86R13050 AJZ-D
 By: Zaffirini S.B. No. 1150


 A BILL TO BE ENTITLED
 AN ACT
 relating to reimbursing a commissioners court for the reasonable
 cost of transporting a body for the purpose of an autopsy.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 49.10, Code of Criminal Procedure, is
 amended by adding Subsection (h-1) to read as follows:
 (h-1)  A commissioners court that pays a fee to transport a
 body to or from a place where an autopsy can be performed under this
 article may seek reimbursement for the reasonable costs of the
 transportation as provided by this subsection. On application to
 the attorney general, the commissioners court may be reimbursed
 from the compensation to victims of crime fund if the physician
 performing the autopsy determines the death was caused by unlawful
 means. On application to the attorney representing the state or the
 head of a law enforcement agency, a commissioners court may be
 reimbursed from civil asset forfeiture proceeds as provided by
 Article 59.06(t), regardless of the circumstances of the death.
 The commissioners court may not be reimbursed from more than one
 source under this subsection.
 SECTION 2.  Article 56.54(k), Code of Criminal Procedure, is
 amended to read as follows:
 (k)  The attorney general may use the compensation to victims
 of crime fund to:
 (1)  reimburse a law enforcement agency for the
 reasonable costs of a forensic medical examination that are
 incurred by the agency under Article 56.06 or 56.065; [and]
 (2)  make a payment to or on behalf of an individual for
 the reasonable costs incurred for medical care provided under
 Article 56.06 or 56.065 in accordance with Section 323.004, Health
 and Safety Code; and
 (3)  as provided by Article 49.10, reimburse a
 commissioners court for the reasonable cost of transporting a body
 for the purpose of an autopsy.
 SECTION 3.  Article 59.06, Code of Criminal Procedure, is
 amended by adding Subsection (t) to read as follows:
 (t)  As a specific exception to Subsection (c) that the funds
 described by that subsection be used only for the official purposes
 of the attorney representing the state or for law enforcement
 purposes, the attorney representing the state or the head of a law
 enforcement agency, as applicable, may use any portion of the gross
 amount credited to the attorney's or agency's special fund under
 Subsection (c) to reimburse a commissioners court for the
 reasonable cost of transporting a body for the purpose of an
 autopsy.
 SECTION 4.  This Act takes effect September 1, 2019.