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Who cares
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History
- Referred to health
- Referred to rules
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the disposition of remains
Summary of provisions
Section 1 - adds a new paragraph (e) to subdivision 2 of Public Health Law section 4201 providing that a person who is the subject of an Order of Protection protecting a deceased person, or who has been charged with causing the death of such deceased person, shall not be eligible to exercise control of the disposition of the deceased's remains.
Section 2 - provides that this act shall take effect immediately.
Purpose and justification
Recently, a woman in Western New York was brutally murdered, being almost decapitated, and her husband was charged in her murder. The husband refused to take any action for an extended period of time to make appropriate funeral arrangements, allowing the victim's body to remain in the county morgue. Because of the provisions of Public Health Law 4201, the county refused to allow other family members to act to lay this woman to rest. When the husband did finally act, it was to dispose of her body in a way that her family believes was intentionally disrespectful, in violation of the woman's beliefs and a further act of hostility towards her. Persons who have exhibited the type of extreme hostility toward a decedent, as shown by an order of protection or criminal charges, are not suitable persons to act in a respectful manner to plan final funeral and burial arrangements.
Existing law
: Currently, Public health Law section 4201 sets forth the priority of persons having the right to control the disposition of remains, without any consideration as to whether the person nominally entitled to exercise such right may have killed the deceased.
Prior legislative history
: New bill.
Fiscal implications
: None.
Effective date
: This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.