| 1 | 1 | | 86R13050 AJZ-D |
|---|
| 2 | 2 | | By: Zaffirini S.B. No. 1150 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to reimbursing a commissioners court for the reasonable |
|---|
| 8 | 8 | | cost of transporting a body for the purpose of an autopsy. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 49.10, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Subsection (h-1) to read as follows: |
|---|
| 12 | 12 | | (h-1) A commissioners court that pays a fee to transport a |
|---|
| 13 | 13 | | body to or from a place where an autopsy can be performed under this |
|---|
| 14 | 14 | | article may seek reimbursement for the reasonable costs of the |
|---|
| 15 | 15 | | transportation as provided by this subsection. On application to |
|---|
| 16 | 16 | | the attorney general, the commissioners court may be reimbursed |
|---|
| 17 | 17 | | from the compensation to victims of crime fund if the physician |
|---|
| 18 | 18 | | performing the autopsy determines the death was caused by unlawful |
|---|
| 19 | 19 | | means. On application to the attorney representing the state or the |
|---|
| 20 | 20 | | head of a law enforcement agency, a commissioners court may be |
|---|
| 21 | 21 | | reimbursed from civil asset forfeiture proceeds as provided by |
|---|
| 22 | 22 | | Article 59.06(t), regardless of the circumstances of the death. |
|---|
| 23 | 23 | | The commissioners court may not be reimbursed from more than one |
|---|
| 24 | 24 | | source under this subsection. |
|---|
| 25 | 25 | | SECTION 2. Article 56.54(k), Code of Criminal Procedure, is |
|---|
| 26 | 26 | | amended to read as follows: |
|---|
| 27 | 27 | | (k) The attorney general may use the compensation to victims |
|---|
| 28 | 28 | | of crime fund to: |
|---|
| 29 | 29 | | (1) reimburse a law enforcement agency for the |
|---|
| 30 | 30 | | reasonable costs of a forensic medical examination that are |
|---|
| 31 | 31 | | incurred by the agency under Article 56.06 or 56.065; [and] |
|---|
| 32 | 32 | | (2) make a payment to or on behalf of an individual for |
|---|
| 33 | 33 | | the reasonable costs incurred for medical care provided under |
|---|
| 34 | 34 | | Article 56.06 or 56.065 in accordance with Section 323.004, Health |
|---|
| 35 | 35 | | and Safety Code; and |
|---|
| 36 | 36 | | (3) as provided by Article 49.10, reimburse a |
|---|
| 37 | 37 | | commissioners court for the reasonable cost of transporting a body |
|---|
| 38 | 38 | | for the purpose of an autopsy. |
|---|
| 39 | 39 | | SECTION 3. Article 59.06, Code of Criminal Procedure, is |
|---|
| 40 | 40 | | amended by adding Subsection (t) to read as follows: |
|---|
| 41 | 41 | | (t) As a specific exception to Subsection (c) that the funds |
|---|
| 42 | 42 | | described by that subsection be used only for the official purposes |
|---|
| 43 | 43 | | of the attorney representing the state or for law enforcement |
|---|
| 44 | 44 | | purposes, the attorney representing the state or the head of a law |
|---|
| 45 | 45 | | enforcement agency, as applicable, may use any portion of the gross |
|---|
| 46 | 46 | | amount credited to the attorney's or agency's special fund under |
|---|
| 47 | 47 | | Subsection (c) to reimburse a commissioners court for the |
|---|
| 48 | 48 | | reasonable cost of transporting a body for the purpose of an |
|---|
| 49 | 49 | | autopsy. |
|---|
| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|