HBA-AMW S.B. 164 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 164
By: Madla
Criminal Jurisprudence
4/3/2001
Engrossed



BACKGROUND AND PURPOSE 

The 70th Legislature deleted the terminology in the Code of Criminal
Procedure that permitted a county judge and other listed officials to
conduct an inquest if the justice of the peace (justice) were unavailable.
This has placed an added burden on counties, some of which only have one
justice, to initiate a death inquest when the justice or justices are out
of the county fulfilling educational requirements or personal
responsibilities.  Many Texas counties do not have medical examiners to
initiate an emergency death inquest.  Senate Bill 164 returns to statutory
provision, the ability of another county elected official to perform
inquest duties when necessary.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 164 amends the Code of Criminal Procedure relating to the
notification of an investigating official by a physician or other person
who has possession of a body whose death requires an inquest or by a peace
officer who has been notified of the death of such a person.  If the
justice of the peace who serves the precinct (precinct JP) in which the
body was found is not available to conduct an inquest, the bill requires a
person required to give notice to notify the nearest available justice of
the peace serving the county (county JP) in which the body was found, and
requires the county JP to conduct the inquest.  If no county JP is
available to conduct such an  inquest, the bill requires notification of
the county judge, and requires the county judge to initiate the inquest.
The bill authorizes the county judge to exercise any power and perform any
duty otherwise granted to or so imposed on the county JP, except that the
bill requires the county judge to transfer all information obtained by the
judge to the precinct JP for final disposition of the matter not later than
the fifth day after the day on which the inquest is initiated. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.