(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.
Structure Texas Statutes
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
Article 49.04. Deaths Requiring an Inquest
Article 49.041. Reopening an Inquest
Article 49.05. Time and Place of Inquest; Removal of Property and Body From Place of Death
Article 49.06. Hindering an Inquest
Article 49.07. Notification of Investigating Official
Article 49.08. Information Leading to an Inquest
Article 49.09. Body Disinterred or Cremated
Article 49.10. Autopsies and Tests
Article 49.11. Chemical Analysis
Article 49.12. Liability of Person Performing Autopsy or Test
Article 49.14. Inquest Hearing
Article 49.16. Orders and Death Certificates
Article 49.18. Death in Custody
Article 49.19. Warrant of Arrest
Article 49.20. Requisites of Warrant
Article 49.21. Commitment of Homicide Suspect
Article 49.22. Sealing Premises of Deceased
Article 49.23. Office of Death Investigator
Article 49.24. Notification and Report of Death of Resident of Institution