Relates to unlawful dissection, procurement and sale of human body tissue, organs and body parts

3 Co-sponsors

• Liz Krueger
• George Onorato
• John L. Sampson

BILL NUMBER:S2087B

Title of bill

An act to amend the public health law, in relation to unlawful dissection, procurement, and sale of human tissue, organs or body parts

Purpose of bill

To establish penalties for unlawfully dissecting, stealing, or receiving a dead human body or any tissue, organ or part thereof, or opening a grave with the intent of removing the body or any tissue, organ or part thereof for the purpose of selling it.

Summary of specific provisions

Section 1 provides that a person is guilty of a class E felony for unlawfully dissecting a human body.

Section 2 provides that a person is guilty of a class D felony for stealing a dead human body or any tissue, organ or part thereof, from a grave, vault or other place with the intent to sell, dissect or to procure a reward for the return.

Section 3 provides that a person is guilty of a class E felony for unlawfully receiving or purchasing a stolen human body, or any part thereof.

Section 4 provides that a person is guilty of a class D felony for unlawfully opening a grave or other place of interment, with the intent to remove a dead human body or any tissue, organ or part thereof, for the purpose of selling or demanding money for the same, or for the purpose of dissection, or with intent to steal or remove the coffin or anything attached thereto.

Section 5 provides that the Commissioner of Health, in consultation with the transplant council, shall promulgate regulations to increase moni- toring and enforcement of the provisions in this bill.

Justification

In 2005, an investigation began in Brooklyn, New York into the illegal harvesting of bones, tissue and organs from more than 1,000 bodies, which were then sold by Biomedical Tissue Services Ltd. to processing companies to be used in transplants, therapies and research, earning this company a profit of roughly $4.6 million in revenue. No precautions were taken to ensure that these transplants were free of disease, and thus, numerous recipients of these donations are now at risk for contracting very serious health problems as a result, not to mention the emotional impact their actions have had on the recipients and families of the deceased whose bodies were ravaged for their organs, tissues, and bones.

Biomedical Tissue Services was shut down in Fall 2005 by the Federal Drug Administration after the details of their actions were disclosed by a New York newspaper. The men who ran the company, as well as several

employees of funeral parlors who were involved in the transactions, were indicted, and face a maximum 25-year prison term if convicted.

This legislation is necessary in the wake of this appalling discovery, in order to ensure that individuals who choose to do such horrific things are properly punished. Additionally, this bill will provide the New York State Commissioner of Health with the tools he or she needs to work effectively with the transplant council in order to ensure that crimes such as those discovered in Brooklyn do not occur in the future.

Legislative history

2006 - Referred to Rules

Fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become law.