HBA-BSM S.B. 370 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 370
By: Ogden
Criminal Jurisprudence
4/8/2001
Engrossed



BACKGROUND AND PURPOSE 

In rural counties it is not uncommon for a person with a serious injury to
be transported to another county with better medical facilities.  In the
event that the person dies in the second county, an autopsy may only be
authorized by the justice of the peace of the second county.  Under current
Texas law,  the cost of an autopsy can only be paid for by the county in
which the person dies even if an injured person or crime victim was
transported to another county for treatment.  This may create a
disincentive for the second county to call for an autopsy.  Senate Bill 370
authorizes a prosecuting attorney to request an autopsy to be performed in
the county where the death occurred, and requires the county where the
original injury occurred to reimburse the cost to the county where the
autopsy is performed. 

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 370 amends the Code of Criminal Procedure to provide that if a
person is injured in one county and dies as a result of those injuries in
another county, the attorney representing the state in the prosecution of
felonies in the county in which the injury occurred is authorized to
request a justice of the peace in the county in which the death occurred to
order an autopsy to be performed on the body of the deceased person.  The
bill requires the county in which the injury occurred to reimburse the
county in which the death occurred if the justice of the peace orders that
the autopsy be performed. 

EFFECTIVE DATE

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