CCP 49.05 & CCP 49.07 Inquests

August 24, 2002

Art. 49.05. [970b] 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.

( A justice of the peace may conduct an inquest:

(1) at the place where the death occurred;

(2) where the body was found; or

(3) at any other place determined to be reasonable by the justice.

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.

Art. 49.07. [972] [1062] [1025] Notification of investigating official

(a) A physician or other person who has possession of a body of a person whose

death requires an inquest under Article 49.04 of this code shall immediately

notify the justice of the peace who serves the precinct in which the body was

found.

( A peace officer who has been notified of the death of a person whose death

requires an inquest under Article 49.04 of this code shall immediately notify

the justice of the peace who serves the precinct in which the body was found.

©(1) If the justice of the peace who serves the precinct in which the body was

found is not available to conduct an inquest, a person required to give notice

under this article shall notify the nearest available justice of the peace

serving the county in which the body was found, and that justice of the peace

shall conduct the inquest.

(2) If no justice of the peace serving the county in which the body was found is

available to conduct an inquest, a person required to give notice under this

article shall notify the county judge, and the county judge shall initiate the

inquest. The county judge may exercise any power and perform any duty otherwise

granted to or imposed under this subchapter on the justice of the peace serving

the county in which the body was found, except that not later than the fifth day

after the day on which the inquest is initiated, the county judge shall transfer

all information obtained by the judge to the justice of the peace in whose

precinct the body was found for final disposition of the matter.

(d) A person commits an offense if the person is required by this article to

give notice and intentionally or knowingly fails to give the notice. An offense

under this subsection is a Class C misdemeanor .

Amended by Acts 1987, 70th Leg., ch. 529, § 1, eff. Sept. 1, 1987; Subsec. (d)

amended by Acts 1997, 75th Leg., ch. 656, § 2, eff. Sept. 1, 1997; Subsec. ©

amended by Acts 2001, 77th Leg., ch. 229, § 1, eff. May 22, 2001.