Texas 2023 - 88th Regular

Texas House Bill HB3161

Filed
3/1/23  
Out of House Committee
4/25/23  
Voted on by House
5/2/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/21/23  
Governor Action
6/12/23  

Caption

Relating to the duties of a justice of the peace, medical examiner, or other investigator regarding the bodies of unidentified deceased persons and to the control by certain persons of the disposition of a deceased person's remains.

Impact

With the implementation of HB 3161, Texas law will have clearer guidelines for the treatment of unidentified deceased individuals. The bill not only establishes a standardized process for inquests involving unidentified bodies but also stipulates that specific individuals are prohibited from controlling the disposition of remains under certain circumstances, especially in cases involving family violence. This aims to protect vulnerable populations and prevent potential abuses related to the handling of deceased individuals.

Summary

House Bill 3161 addresses the responsibilities and duties of a justice of the peace, a medical examiner, or other investigators regarding the bodies of unidentified deceased persons. The bill mandates that inquests must be conducted in cases where the identity of the deceased is unknown, regardless of the circumstances or cause of death. This provision is aimed at ensuring that unidentified individuals are treated with dignity and that their families are given the opportunity to find closure upon establishing the deceased's identity.

Sentiment

The sentiment around HB 3161 appears to be largely positive, with legislative discussions emphasizing the importance of providing respectful care for unidentified deceased persons and seeking closure for their families. Many stakeholders, including representatives from the Justice of the Peace and Constables Association, expressed support, underscoring the bill's role in protecting the dignity of the deceased. This consensus indicates that the bill addresses an important societal issue.

Contention

Though there appears to be broad support for HB 3161, there were concerns about the practical implementation of its provisions, especially regarding the potential burden it could place on local jurisdictions to conduct inquests systematically. Some stakeholders raised questions about the additional responsibilities this may impose on justices of the peace and medical examiners, particularly in regions with limited resources. However, the overall objective of safeguarding the rights and dignities of unidentified deceased persons resonated strongly with the legislative body.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 49. Inquests Upon Dead Bodies
    • Section: New Section
    • Section: 25
    • Section: New Section
    • Section: New Section
    • Section: 25
    • Section: New Section
    • Section: 25
    • Section: New Section
    • Section: 25

Health And Safety Code

  • Chapter 711. General Provisions Relating To Cemeteries
    • Section: 002
    • Section: 002

Family Code

  • Chapter 264. Child Welfare Services
    • Section: New Section

Government Code

  • Chapter 501. Inmate Welfare
    • Section: New Section

Companion Bills

No companion bills found.

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