HBA-NMO C.S.H.B. 3265 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3265 By: Uher Criminal Jurisprudence 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires a justice of the peace, for each body that is subject to an inquest, to either direct a physician to perform an autopsy or certify that no autopsy is necessary. If there are no indications of foul play and the family members of the deceased person do not want an autopsy performed, this may place undue burden on the justice and the county. While the law authorizes a justice to waive the autopsy, many are concerned with liability. C.S.H.B. 3265 requires a justice of the peace, at the justice's discretion, to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that is the subject of an inquest. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 49.10(c), Code of Criminal Procedure, to require a justice of the peace, in the justice's discretion, rather than require a justice of the peace, to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that is the subject of an inquest. SECTION 3. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute makes a nonsubstantive change to the caption. The substitute modifies the original in SECTION 1 (Article 49.10(c)) by requiring a justice of the peace, in the justice's discretion, to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that is the subject of an inquest. The original would have granted a justice of the peace discretion to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that is the subject of an inquest. The substitute deletes SECTION 2 of the original that would have provided that this Act take effect on September 1, 1999. The substitute redesignates SECTION 3 of the original as SECTION 2 and modifies it by setting forth a long emergency clause, rather than a short emergency clause.