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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A justice of the peace may direct the removal of a body from the place of death or move any part of the physical surroundings of a body only after:
(1) a law enforcement agency is notified of the death and a peace officer has conducted an investigation into the death; or
(2) if a law enforcement agency has not begun an investigation into the death, a reasonable period has elapsed from the time the law enforcement agency was notified.
(b) A law enforcement agency that is notified of a death requiring an inquest under Article 49A.053 shall begin its investigation into the death as soon as practicable after the law enforcement agency receives notice of the death.
(c) 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.
(d) A person not authorized by law to move the body of a deceased person or any part of the physical surroundings of the body commits an offense if the person tampers with:
(1) a body that is subject to an inquest under Article 49A.053; or
(2) any part of the physical surroundings of the body described by Subdivision (1).
(e) An offense under Subsection (d) is punishable by a fine in an amount not to exceed $500.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 49A.060. Limitations on Moving Body and Physical Surroundings; Offense - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-49a-060/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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