Inquest Hearing; Contempt

Art. 49A.069. INQUEST HEARING; CONTEMPT. (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 by a district attorney or a criminal district attorney of 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 a jury for the hearing. (c) A jury in an inquest hearing is composed of six persons. Jurors must be summoned in the same manner as jurors are summoned for county court. (d) A justice of the peace may hold a public or private inquest hearing. If a person is arrested and charged with causing the death of another, the person and the person's counsel are entitled to be present at the inquest hearing, examine witnesses, and introduce evidence. (e) A justice of the peace may: (1) issue a subpoena to enforce the attendance of a witness at an inquest hearing; (2) issue an attachment for a witness who is subpoenaed and fails to appear at the time and place cited on the subpoena; and (3) 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. (f) The justice of the peace shall: (1) swear witnesses appearing at an inquest hearing; (2) direct that all sworn testimony be reduced to writing; and (3) sign the transcription. (g) Only the following persons may question a witness at an inquest hearing: (1) the justice of the peace; (2) a person charged in the death under investigation and the person's counsel; and (3) the attorney representing the state. (h) A justice of the peace may hold in contempt of court a person who disrupts the proceedings of an inquest hearing. A peace officer may remove from court a person who is held in contempt of court under this subsection. The penalty for contempt of court under this subsection is a fine in an amount not to exceed $100. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027. Text of article effective on April 01, 2027