Tex. Code of Criminal Procedure § 49A.116

This is the official text of Tex. Code of Criminal Procedure § 49A.116, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 49A.116.

Official statutory text

Art. 49A.116. UNIDENTIFIED BODY: TESTING, REPORTING, AND DISPOSITION. (a) A person investigating an unidentified person's death described by Article 49A.109(a)(3)(B) shall report the death to the missing children and missing persons information clearinghouse of the Department of Public Safety and the National Crime Information Center not later than the 10th working day after the date the investigation began.

(b) A person investigating an unidentified person's death described by Article 49A.109(a)(3)(B), or the person's designee, shall enter into the National Missing and Unidentified Persons System information regarding all available identifying features of the unidentified body, including fingerprints, dental records, any unusual physical characteristics, and the clothing found on the body, not later than the earlier of:

(1) the 10th working day after the date that one or more identifying features of the unidentified body are determined; or

(2) the 60th day after the date the investigation began.

(c) If a deceased person's body is unidentified, the medical examiner may authorize any investigative or laboratory test or process required to determine the person's identity and cause of death.

(d) To enable a timely and accurate identification of the person, a medical examination on an unidentified person:

(1) must include:

(A) all available fingerprints and palm prints;

(B) dental charts and radiographs, including x-rays, of the teeth;

(C) frontal and lateral facial photographs with scale indicated;

(D) notation and photographs, with scale indicated, of a significant scar, mark, tattoo, or item of clothing or other personal effect found with or near the body;

(E) notation of any antemortem medical condition;

(F) notation of any observation relevant to the estimation of time of death; and

(G) precise documentation of the body's burial location; and

(2) may include:

(A) full body radiographs, including x-rays; and

(B) hair specimens with roots.

(e) On discovering the body or body part of a deceased person in the circumstances described by Article 49A.109(a)(3)(B), the medical examiner may request aid in the examination of the body or body part from a forensic anthropologist who holds a doctoral degree in anthropology with an emphasis in physical anthropology. The forensic anthropologist:

(1) shall attempt to establish:

(A) whether the body or body part is of a human or animal;

(B) whether evidence of childbirth, injury, or disease exists; and

(C) the sex, race, age, stature, and physical anomalies of the body or body part; and

(2) may attempt to establish the cause, manner, and time of death.

(f) A person may not cremate or direct the cremation of an unidentified person's body under Article 49A.118. If the body is buried, the investigating agency responsible for the burial shall record and maintain for a period of at least 10 years all information relating to the body and the burial location.

Status: in_force · Read it on the official government site

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