reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.03. Schedule

When an officer seizes property alleged to have been stolen, he shall immediately file a schedule of the same, and its value, with the court having jurisdiction of the case, certifying that the property has been seized by him, and the reason therefor.  The officer shall notify the court of the names and addresses of each party known to the officer who has a claim to possession of the seized property.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.04. Restored to Owner

Upon an examining trial, if it is proven to the satisfaction of the court that any person is the true owner of property alleged to have been stolen, and which is in possession of a peace officer, the court may upon motion by the state, by written order direct the property to be restored to such owner subject to the conditions that such property shall be made available to the state or by order of any court having jurisdiction over the offense to be used for evidentiary purposes.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.05. Bond Required

If the court has any doubt as to the ownership of the property, the court may require a bond of the claimant for its re-delivery in case it should thereafter be shown not to belong to such claimant;  or the court may, in its discretion, direct the property to be retained by the sheriff until further orders as to its possession.  Such bond shall be in a sum equal to the value of the property, with sufficient security, payable to and approved by the county judge of the county in which the property is in custody.  Such bond shall be filed in the office of the county clerk of such county, and in case of a breach thereof may be sued upon in such county by any claimant of the property;  or by the county treasurer of such county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.06. Property Sold

If the property is not claimed within 30 days from the conviction of the person accused of illegally acquiring it, the same procedure for its disposition as set out in Article 18.17 of this Code shall be followed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.07. Owner May Recover

The real owner of the property sold under the provisions of Article 47.06 may recover such property under the same terms as prescribed in Subsection (e) of Article 18.17 of this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 66, Sec. 2, eff. May 6, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.08. Written Instrument

If the property is a written instrument, it shall be deposited with the county clerk of the county where the proceedings are had, subject to the claim of any person who may establish his right thereto.  The claimant of any such written instrument shall file his written sworn claim thereto with the county judge.  If such judge be satisfied that such claimant is the real owner of the written instrument, the same shall be delivered to him.  The county judge may, in his discretion, require a bond of such claimant, as in other cases of property claimed under any provision of this Chapter, and may also before such delivery require the written instrument to be recorded in the minutes of his court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.09. Claimant to Pay Charges

The claimant of the property, before he shall be entitled to have the same delivered to him, shall pay all reasonable charges for the safekeeping of the same while in the custody of the law, which charges shall be verified by the affidavit of the officer claiming the same, and determined by the court having jurisdiction thereof.  If said charges are not paid, the property shall be sold as under execution;  and the proceeds of sale, after the payment of said charges and costs of sale, paid to the owner of such property.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 860, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.10. Charges of Officer

When property is sold, and the proceeds of sale are ready to be paid into the county treasury, the amount of expenses for keeping the same and the costs of sale shall be determined by the county judge.  The account thereof shall be in writing and verified by the officer claiming the same, with the approval of the county judge thereto for the amount allowed and shall be filed in the office of the county treasurer at the time of paying into his hands the balance of the proceeds of such sale.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.11. Scope of Chapter

Each provision of this Chapter relating to stolen property applies as well to property acquired in any manner which makes the acquisition a penal offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 47 - Disposition of Stolen Property › Article 47.12. Appeal

(a)  Appeals from a hearing in a district court, county court, or statutory county court under Article 47.01a of this code shall be heard by a court of appeals.  The appeal is governed by the applicable rules of procedure for appeals of civil cases to a court of appeals.
(b) Appeals from a hearing in a municipal court or justice court under Article 47.01a of this code shall be heard by a county court or statutory county court.  The appeal is governed by the applicable rules of procedure for appeals for civil cases in justice courts to a county court or statutory county court.
(c) Only an interested person who appears at a hearing under this article may appeal, and such person must give an oral notice of appeal at the conclusion of the hearing and must post an appeal bond by the end of the next business day, exclusive of Saturdays, Sundays, and legal holidays.
(d) The court may require an appeal bond, in an amount determined appropriate by the court, but not to exceed twice the value of the property.  The bond shall be made payable to the party who was awarded possession at the hearing, with sufficient sureties approved by the court, and conditioned that appellant will prosecute his appeal to conclusion.
Added by Acts 1993, 73rd Leg., ch. 860, Sec. 2, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 48 - Pardon and Parole › Article 48.01. Governor May Pardon

(a)  In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures.  The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons.  With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason.
(b)  The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:
(1)  is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, and subsequently receives a discharge and dismissal under Article 42A.111; and
(2)  on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1053 (S.B. 144), Sec. 1, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.22, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 48 - Pardon and Parole › Article 48.02. Shall File Reasons

When the Governor remits fines or forfeitures, or grants reprieves, commutation of punishment or pardons, he shall file in the office of Secretary of State his reasons therefor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 48 - Pardon and Parole › Article 48.03. Governor's Acts Under Seal

All remissions of fines and forfeitures, and all reprieves, commutations of punishment and pardons, shall be signed by the Governor, and certified by the Secretary of State, under the state seal, and shall be forthwith obeyed by any officer to whom the same may be presented.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 26, eff. Aug. 30, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 48 - Pardon and Parole › Article 48.04. Power to Remit Fines and Forfeitures

The Governor shall have the power to remit forfeitures of bail bonds.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 48 - Pardon and Parole › Article 48.06. Educational Materials Concerning Pardons for Certain Victims of Trafficking of Persons

(a)  The Board of Pardons and Paroles shall develop educational materials specifically for persons convicted of or placed on deferred adjudication community supervision for an offense the person committed solely as a victim of trafficking of persons under Section 20A.02, Penal Code.  The board shall include in the educational materials a detailed description of the process  by which the person may submit a request to the board for a written signed recommendation advising the governor to grant the person a pardon.
(b)  The Board of Pardons and Paroles shall post educational materials described by Subsection (a) on the board's Internet website.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.01. Definitions

(a)  In this chapter:
(1) "Autopsy" means a post mortem examination of the body of a person, including X-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes that may have contributed to the death.
(2) "Inquest" means an investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.
(3) "Inquest hearing" means a formal court hearing held to determine whether the death of a person was caused by an unlawful act or omission and, if the death was caused by an unlawful act or omission, to obtain evidence to form the basis of a criminal prosecution.
(4) "Institution" means any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended-care facility, out-patient facility, foster-care facility, and retirement home.
(5) "Physician" means a practicing doctor of medicine or doctor of osteopathic medicine who is licensed by the Texas State Board of Medical Examiners under Subtitle B, Title 3, Occupations Code.
(b)  For purposes of this chapter, a person or body is considered unidentified if:
(1)  the deceased person's legal name is unknown; and
(2)  there is no known person with the duty to inter the deceased person's remains under Section 711.002(a), Health and Safety Code.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987;  Subsec. (5) amended by Acts 1989, 71st Leg., ch. 72, Sec. 1, eff. May 9, 1989;  Subsec. (5) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.737, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 737 (H.B. 3161), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.02. Applicability

This subchapter applies to the inquest into a death occurring in a county that does not have a medical examiner's office or that is not part of a medical examiner's district.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.03. Powers and Duties

The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a law enforcement agency investigating a death.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.041. Reopening an Inquest

A justice of the peace may reopen an inquest if, based on information provided by a credible person or facts within the knowledge of the justice of the peace, the justice of the peace determines that reopening the inquest may reveal a different cause or different circumstances of death.
Added by Acts 1997, 75th Leg., ch. 897, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.05. Time and Place of Inquest; Removal of Property and Body From Place of Death

(a)  A justice of the peace shall conduct an inquest immediately or as soon as practicable after the justice receives notification of the death.
(b)  A justice of the peace may conduct an inquest:
(1)  at the place where the death occurred;
(2)  where the body was found;
(3)  by videoconference with an individual who is:
(A)  designated by the justice of the peace; and
(B)  present with the body for a death described by Article 49.04(a)(6) or (7); or
(4)  at any other place determined to be reasonable by the justice.
(c) A justice of the peace may direct the removal of a body from the scene of death or move any part of the physical surroundings of a body only after a law enforcement agency is notified of the death and a peace officer has conducted an investigation or, if a law enforcement agency has not begun an investigation, a reasonable time has elapsed from the time the law enforcement agency was notified.
(d) A law enforcement agency that is notified of a death requiring an inquest under Article 49.04 of this code shall begin its investigation immediately or as soon as practicable after the law enforcement agency receives notification of the death.
(e) Except in emergency circumstances, a peace officer or other person conducting a death investigation for a law enforcement agency may not move the body or any part of the physical surroundings of the place of death without authorization from a justice of the peace.
(f) A person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.04 of this code or any part of the physical surroundings of the body.  An offense under this section is punishable by a fine in an amount not to exceed $500.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 3.001, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.06. Hindering an Inquest

(a)  A person commits an offense if the person intentionally or knowingly hinders the entrance of a justice of the peace to a premises where a death occurred or a body is found.
(b) An offense under this article is a Class B misdemeanor.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.08. Information Leading to an Inquest

A justice of the peace conducting an inquest may act on information the justice receives from any credible person or on facts within his knowledge.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.09. Body Disinterred or Cremated

(a)  If a body or body part subject to investigation under Article 49.04 of this code is interred and an authorized person has not conducted an inquest required under this subchapter, a justice of the peace may direct the disinterment of the body or body part in order to conduct an inquest.
(b) A person may not cremate or direct the cremation of a body subject to investigation under Article 49.04 unless the body is identified and the person has received from the justice of the peace a certificate signed by the justice stating that:
(1) an autopsy was performed on the body under Article 49.10 of this code;  or
(2) no autopsy was necessary.
(c) An owner or operator of a crematory shall retain a certificate received under Subsection (b) of this article for a period of 10 years from the date of cremation of the body named on the certificate.
(d) A person commits an offense if the person cremates or directs the cremation of a body without obtaining a certificate from a justice of the peace as required by Subsection (b) of this article.  An offense under this section is a Class B misdemeanor.
(e) If the body of a deceased person is unidentified, a person may not cremate or direct the cremation of the body under this article.  If the body is buried, the justice of the peace shall record and maintain for not less than 10 years all information pertaining to the body and the location of burial.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987;  Subsecs. (b), (d) amended by and Subsec. (e) added by Acts 1997, 75th Leg., ch. 656, Sec. 3, eff. Sept. 1, 1997;  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 3, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1295, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.11. Chemical Analysis

(a)  A justice of the peace may obtain a chemical analysis of a sample taken from a body in order to determine whether death was caused, in whole or in part, by the ingestion, injection, or introduction into the body of a poison or other chemical substance.  A justice may obtain a chemical analysis under this article from a chemist, toxicologist, pathologist, or other medical expert.
(b) A justice of the peace shall obtain a chemical analysis under Subsection (a) of this article if requested to do so by the physician who performed an autopsy on the body.
(c) The commissioners court shall pay a reasonable fee to a person who conducts a chemical analysis at the request of a justice of the peace.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.12. Liability of Person Performing Autopsy or Test

A person who performs an autopsy or makes a test on a body on the order of a justice of the peace in the good faith belief that the order is valid is not liable for damages if the order is invalid.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.14. Inquest Hearing

(a)  A justice of the peace conducting an inquest may hold an inquest hearing if the justice determines that the circumstances warrant the hearing.  The justice shall hold an inquest hearing if requested to do so by a district attorney or a criminal district attorney who serves the county in which the body was found.
(b) An inquest hearing may be held with or without a jury unless the district attorney or criminal district attorney requests that the hearing be held with a jury.
(c) A jury in an inquest hearing is composed of six persons.  Jurors shall be summoned in the same manner as are jurors for county court.  A juror who is properly summoned and fails to appear, other than a juror exempted by law, commits an offense.  An offense under this subsection is punishable by a fine not to exceed $100.
(d) A justice of the peace may hold a public or a private inquest hearing.  If a person has been arrested and charged with causing the death of the deceased, the defendant and the defendant's counsel are entitled to be present at the inquest hearing, examine witnesses, and introduce evidence.
(e) A justice of the peace may issue a subpoena to enforce the attendance of a witness at an inquest hearing and may issue an attachment for a person who is subpoenaed and fails to appear at the time and place cited on the subpoena.
(f) A justice of the peace may require bail of a witness to secure the appearance of the witness at an inquest hearing or before a grand jury, examining court, or other court investigating a death.
(g) The justice of the peace shall swear witnesses appearing at an inquest hearing.  The justice and an attorney representing the state may examine witnesses at an inquest hearing.  The justice shall direct that all sworn testimony be reduced to writing and the justice shall subscribe the transcription.
(h) Only the justice of the peace, a person charged in the death under investigation, the counsel for the person charged, and an attorney representing the state may question a witness at an inquest hearing.
(i) A justice of the peace may hold a person who disrupts the proceedings of an inquest hearing in contempt of court.  A person who is found in contempt of court under this subsection may be fined in an amount not to exceed $100 and removed from court by a peace officer.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.15. Inquest Record

(a)  A justice of the peace or other person authorized under this subchapter to conduct an inquest shall make an inquest record for each inquest he conducts.  The inquest record must include a report of the events, proceedings, findings, and conclusions of the inquest.  The record must also include any autopsy prepared in the case and all other papers of the case.  All papers of the inquest record must be marked with the case number and be clearly indexed and be maintained in the office of the justice of the peace and be made available to the appropriate officials upon request.
(b)  As part of the inquest record, the justice of the peace shall make and keep complete and permanent records of all inquest hearings.  The inquest hearing records must include:
(1)  the name of the deceased person or, if the person is unidentified, a description of the body;
(2)  the time, date, and place where the body was found;
(3)  the time, date, and place where the inquest was held;
(4)  the name of every witness who testified at the inquest;
(5)  the name of every person who provided to the justice information pertinent to the inquest;
(6)  the amount of bail set for each witness and person charged in the death;
(7)  a transcript of the testimony given by each witness at the inquest hearing;
(8)  the autopsy report, if an autopsy was performed; and
(9)  the name of every person arrested as a suspect in the death who appeared at the inquest and the details of that person's arrest.
(c)  The commissioners court shall pay a reasonable fee to a person who records or transcribes sworn testimony during an inquest hearing.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 716 (H.B. 300), Sec. 2, eff. June 10, 2019.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 716 (H.B. 300), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.16. Orders and Death Certificates

The justice of the peace or other person who conducts an inquest under this subchapter shall sign the death certificate and all orders made as a necessary part of the inquest.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.17. Evidence

A justice of the peace shall preserve all tangible evidence that the justice accumulates in the course of an inquest that tends to show the real cause of death or identify the person who caused the death. The justice shall deposit the evidence with the appropriate law enforcement agency to be stored in the agency's property room for safekeeping.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 716 (H.B. 300), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.18. Death in Custody

(a)  If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as practicable inform the justice of the peace of the precinct where the penal institution is located of the death.
(b) If a person dies while in the custody of a peace officer or as a result of a peace officer's use of force or if a person incarcerated in a jail, correctional facility, or state juvenile facility dies, the director of the law enforcement agency of which the officer is a member or of the facility in which the person was incarcerated shall investigate the death and file a written report of the cause of death with the attorney general no later than the 30th day after the date on which the person in custody or the incarcerated person died.  The director shall make a good faith effort to obtain all facts relevant to the death and include those facts in the report.  The attorney general shall make the report, with the exception of any portion of the report that the attorney general determines is privileged, available to any interested person.
(c) Subsection (a) does not apply to a death that occurs in a facility operated by or under contract with the Texas Department of Criminal Justice.  Subsection (b) does not apply to a death that occurs in a facility operated by or under contract with the Texas Department of Criminal Justice if the death occurs under circumstances described by Section 501.055(b)(2), Government Code.
(d) In this article:
(1)  "Correctional facility" means a confinement facility or halfway house operated by or under contract with any division of the Texas Department of Criminal Justice.
(2)  "In the custody of a peace officer" means:
(A)  under arrest by a peace officer;  or
(B)  under the physical control or restraint of a peace officer.
(3)  "State juvenile facility" means any facility or halfway house:
(A)  operated by or under contract with the Texas Juvenile Justice Department; or
(B)  described by Section 51.02(13) or (14), Family Code.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987;  Subsec. (c) added by Acts 1995, 74th Leg., ch. 321, Sec. 1.106, eff. Sept. 1, 1995;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 1422, Sec. 1, eff. June 20, 1997;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 894, Sec. 1, eff. Sept. 1, 2003;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 894, Sec. 1, eff. Sept. 1, 2003;  Subsec. (d) added by Acts 2003, 78th Leg., ch. 894, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.19. Warrant of Arrest

(a)  A justice of the peace who is conducting an inquest of a death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:
(1) the justice has knowledge that the person caused the death of the deceased;
(2) the justice receives an affidavit stating that the person caused the death;  or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the person caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant without delay;  and
(2) detain the person arrested until the person's discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant of a justice of the peace shall remain in the custody of the arresting peace officer and may not be removed from the peace officer's custody on the authority of a warrant from another magistrate.  A person charged in a death who has not been arrested under a warrant of a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.20. Requisites of Warrant

A warrant of arrest issued under Article 49.19 of this code is sufficient if it:
(1) is issued in the name of "The State of Texas";
(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;
(3) recites in plain language the offense with which the person is charged;  and
(4) is signed and dated by a justice of the peace.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.21. Commitment of Homicide Suspect

At the conclusion of an inquest, if a justice of the peace finds that a person who has been arrested in the case caused or contributed to the death of the deceased, the justice may:
(1) commit the person to jail;  or
(2) require the person to execute a bail bond with security for the person's appearance before the proper court to answer for the offense.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.22. Sealing Premises of Deceased

(a)  If a body or body part that is subject to an inquest under Article 49.04 of this code is found on premises that were under the sole control of the deceased, a justice of the peace or other person authorized under this subchapter to conduct an inquest may direct that the premises be locked and sealed to prohibit entrance by any person other than a peace officer conducting an investigation of the death.
(b) Rent, utility charges, taxes, and all other reasonable expenses accruing against the property of the deceased during the time the premises of the deceased are locked and sealed under this article may be charged against the estate of the deceased.
(c) A person other than a peace officer commits an offense if the person tampers with or removes a lock or seal placed on premises under this article.
(d) An offense under this article is a Class B misdemeanor.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987;  Subsec. (d) amended by Acts 1997, 75th Leg., ch. 656, Sec. 5, eff. Sept. 1, 1997;  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 5, eff. Sept. 1, 2003 and Acts 2003, 78th Leg., ch. 1295, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.23. Office of Death Investigator

(a)  The commissioners court of a county may establish an office of death investigator and employ one or more death investigators to provide assistance to those persons in the county who conduct inquests.  A death investigator employed under this article is entitled to receive compensation from the county in an amount set by the commissioners court.  A death investigator serves at the will of the commissioners court and on terms and conditions set by the commissioners court.
(b) To be eligible for employment as a death investigator, a person must have experience or training in investigative procedures concerning the circumstances, manner, and cause of the death of a deceased person.
(c) At the request of and under the supervision of a justice of the peace or other person conducting an inquest, a death investigator may assist the person conducting the inquest to investigate the time, place, and manner of death and lock and seal the premises of the deceased.  A death investigator who assists in an inquest under this subsection shall make a complete report of the death investigator's activities, findings, and conclusions to the justice of the peace or other person conducting the inquest not later than eight hours after the death investigator completes the investigation.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . A. Duties Performed by Justices of the Peace › Article 49.24. Notification and Report of Death of Resident of Institution

(a)  A superintendent or general manager of an institution who is required by Article 49.04 to report to a justice of the peace the death of an individual under the care, custody, or control of or residing in the institution shall:
(1) notify the office of the attorney general of the individual's death within 24 hours of the death;  and
(2) prepare and submit to the office of the attorney general a report containing all facts relevant to the individual's death within 72 hours of the death.
(b) The superintendent or general manager of the institution shall make a good faith effort to obtain all facts relevant to an individual's death and to include those facts in the report submitted under Subsection (a)(2).
(c) The office of the attorney general may investigate each death reported to the office by an institution that receives payments through the medical assistance program under Chapter 32, Human Resources Code.
(d) Except as provided by Subsection (e), the office of the attorney general shall make a report submitted under Subsection (a)(2) available to any interested person who submits a written request for access to the report.
(e) The office of the attorney general may deny a person access to a report or a portion of a report filed under Subsection (a)(2) if the office determines that the report or a portion of the report is:
(1) privileged from discovery;  or
(2) exempt from required public disclosure under Chapter 552, Government Code.
(f) This article does not relieve a superintendent or general manager of an institution of the duty of making any other notification or report of an individual's death as required by law.
(g)  For the purposes of this article, the definition of "institution" excludes hospitals.
Added by Acts 2003, 78th Leg., ch. 894, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 392 (S.B. 1469), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 1. Office Authorized

Sec. 1.  OFFICE AUTHORIZED.  Subject to the provisions of this article, the commissioners court of any county having a population of more than 2.5 million shall establish and maintain the office of medical examiner, and the commissioners court of any county may establish and provide for the maintenance of the office of medical examiner.  Population shall be according to the last preceding federal census.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 1-a. Multi-County District; Joint Office

Sec. 1-a. MULTI-COUNTY DISTRICT;  JOINT OFFICE.    (a)  The commissioners courts of two or more counties may enter into an agreement to create a medical examiners district and to jointly operate and maintain the office of medical examiner of the district.  The district must include the entire area of all counties involved.  The counties within the district must, when taken together, form a continuous area.
(b) There may be only one medical examiner in a medical examiners district, although he may employ, within the district, necessary staff personnel.  When a county becomes a part of a medical examiners district, the effect is the same within the county as if the office of medical examiner had been established in that county alone.  The district medical examiner has all the powers and duties within the district that a medical examiner who serves in a single county has within that county.
(c) The commissioners court of any county which has become a part of a medical examiners district may withdraw the county from the district, but twelve months' notice of withdrawal must be given to the commissioners courts of all other counties in the district.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 2. Appointments and Qualifications

Sec. 2.  APPOINTMENTS AND QUALIFICATIONS.  (a)  The commissioners court shall appoint the medical examiner, who serves at the pleasure of the commissioners court.  A person appointed as the medical examiner must be:
(1)  a physician licensed by the Texas Medical Board; or
(2)  a person who:
(A)  is licensed and in good standing as a physician in another state;
(B)  has applied to the Texas Medical Board for a license to practice medicine in this state; and
(C)  has been granted a provisional license under Section 155.101, Occupations Code.
(b)  To the greatest extent possible, the medical examiner shall be appointed from persons having training and experience in pathology, toxicology, histology and other medico-legal sciences.
(c)  The medical examiner shall devote the time and energy necessary to perform the duties conferred by this Article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 3. Assistants

Sec. 3. ASSISTANTS.  The medical examiner may, subject to the approval of the commissioners court, employ such deputy examiners, scientific experts, trained technicians, officers and employees as may be necessary to the proper performance of the duties imposed by this Article upon the medical examiner.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 4. Salaries

Sec. 4. SALARIES.  The commissioners court shall establish and pay the salaries and compensations of the medical examiner and his staff.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 5. Offices

Sec. 5. OFFICES.  The commissioners court shall provide the medical examiner and his staff with adequate office space and shall provide laboratory facilities or make arrangements for the use of existing laboratory facilities in the county, if so requested by the medical examiner.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 6. Death Investigations

Sec. 6. DEATH INVESTIGATIONS.    (a)  Any medical examiner, or his duly authorized deputy, shall be authorized, and it shall be his duty, to hold inquests with or without a jury within his county, in the following cases:
1.  When a person shall die within twenty-four hours after admission to a hospital or institution or in prison or in jail;
2.  When any person is killed; or from any cause dies an unnatural death, except under sentence of the law;  or dies in the absence of one or more good witnesses;
3.  When the body or a body part of a person is found and either:
(A)  the person is identified but the cause or circumstances of death are unknown; or
(B)  the person is unidentified, regardless of whether the cause or circumstances of death are known;
4.  When the circumstances of the death of any person are such as to lead to suspicion that he came to his death by unlawful means;
5.  When any person commits suicide, or the circumstances of his death are such as to lead to suspicion that he committed suicide;
6.  When a person dies without having been attended by a duly licensed and practicing physician, and the local health officer or registrar required to report the cause of death under Section 193.005, Health and Safety Code, does not know the cause of death.  When the local health officer or registrar of vital statistics whose duty it is to certify the cause of death does not know the cause of death, he shall so notify the medical examiner of the county in which the death occurred and request an inquest;
7.  When the person is a child who is younger than six years of age and the death is reported under Chapter 264, Family Code; and
8.  When a person dies who has been attended immediately preceding his death by a duly licensed and practicing physician or physicians, and such physician or physicians are not certain as to the cause of death and are unable to certify with certainty the cause of death as required by Section 193.004, Health and Safety Code.  In case of such uncertainty the attending physician or physicians, or the superintendent or general manager of the hospital or institution in which the deceased shall have died, shall so report to the medical examiner of the county in which the death occurred, and request an inquest.
(b) The inquests authorized and required by this Article shall be held by the medical examiner of the county in which the death occurred.
(c) In making such investigations and holding such inquests, the medical examiner or an authorized deputy may administer oaths and take affidavits.  In the absence of next of kin or legal representatives of the deceased, the medical examiner or authorized deputy shall take charge of the body and all property found with it.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 6a. Organ Transplant Donors; Notice; Inquests

Sec. 6a. ORGAN TRANSPLANT DONORS;  NOTICE;  INQUESTS.    (a)  When death occurs to an individual designated a prospective organ donor for transplantation by a licensed physician under circumstances requiring the medical examiner of the county in which death occurred, or the medical examiner's authorized deputy, to hold an inquest, the medical examiner, or a member of his staff will be so notified by the administrative head of the facility in which the transplantation is to be performed.
(b) When notified pursuant to Subsection (a) of this Section, the medical examiner or the medical examiner's deputy shall perform an inquest on the deceased prospective organ donor.