85R1578 MAW-F     By: Hinojosa S.B. No. 713       A BILL TO BE ENTITLED   AN ACT   relating to investigative and laboratory tests and processes   conducted with respect to unidentified human remains.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 49.10(k), Code of Criminal Procedure, is   amended to read as follows:          (k) A justice of the peace may order an investigative or   laboratory test to determine the identity of a deceased person.   After proper removal of a sample from a body, the [a] justice may   order any person specially trained in identification work to   complete any tests necessary to determine the identity of the   deceased person.  The justice may provide for a DNA sample to be   collected from the deceased person and submitted for analysis as   provided by Article 63.056.          SECTION 2.  The heading to Section 9, Article 49.25, Code of   Criminal Procedure, is amended to read as follows:          Sec. 9. AUTOPSY AND TESTS.          SECTION 3.  Section 9, Article 49.25, Code of Criminal   Procedure, is amended by amending Subsection (a) and adding   Subsection (a-1) to read as follows:          (a)  If the cause of death shall be determined beyond a   reasonable doubt as a result of the investigation, the medical   examiner shall file a report thereof setting forth specifically the   cause of death with the district attorney or criminal district   attorney, or in a county in which there is no district attorney or   criminal district attorney with the county attorney, of the county   in which the death occurred. If in the opinion of the medical   examiner an autopsy is necessary, or if such is requested by the   district attorney or criminal district attorney, or county attorney   where there is no district attorney or criminal district attorney,   the autopsy shall be immediately performed by the medical examiner   or a duly authorized deputy. In those cases where a complete   autopsy is deemed unnecessary by the medical examiner to ascertain   the cause of death, the medical examiner may perform a limited   autopsy involving the taking of blood samples or any other samples   of body fluids, tissues or organs, in order to ascertain the cause   of death or whether a crime has been committed. In the case of a   body of a deceased person [human being] whose identity is unknown,   the medical examiner or an authorized deputy may order any    [authorize such] investigative and laboratory tests and processes   as are required to determine [its identity as well as] the cause of   death of the person. In performing an autopsy the medical examiner   or authorized deputy may use the facilities of any city or county   hospital within the county or such other facilities as are made   available. Upon completion of the autopsy, the medical examiner   shall file a report setting forth the findings in detail with the   office of the district attorney or criminal district attorney of   the county, or if there is no district attorney or criminal district   attorney, with the county attorney of the county.          (a-1)  In the case of a body of a deceased person whose   identity is unknown, the medical examiner or an authorized deputy   may order any investigative and laboratory tests and processes as   are required to determine the identity of the person. The medical   examiner or deputy may provide for a DNA sample to be collected from   the deceased person and submitted for analysis as provided by   Article 63.056.          SECTION 4.  Article 63.051(2), Code of Criminal Procedure,   is amended to read as follows:                (2)  "Center" means the University of North Texas   Center for Human Identification at the University of North Texas   Health Science Center at Fort Worth.          SECTION 5.  Article 63.052(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The board shall develop at the University of North Texas   Center for Human Identification at the University of North Texas    Health Science Center at Fort Worth a DNA database for any case   based on the report of unidentified human remains or a report of a   high-risk missing person.          SECTION 6.  This Act takes effect September 1, 2017.