What's happening
This bill allows undertakers or others with lawful possession to dispose of abandoned human remains after 120 days, using standard methods, without legal liability.
Why it matters
Addresses a longstanding issue for funeral homes and related parties. by creating a clear process for handling unclaimed human remains, helping prevent overcrowding in morgues and storage facilities.
Reduces uncertainty and emotional distress. for institutions and individuals who may be left with remains due to absent or unresponsive next of kin, streamlining what can otherwise be a legally and ethically ambiguous situation.
Protects undertakers and other lawful custodians from legal claims. by granting them immunity if they follow the specified process, minimizing the risk of lawsuits or disputes after remains are disposed of according to the law.
Includes oversight and accountability. by requiring a record of the disposition, which can help families locate information if they later come forward, and supports transparency in how abandoned remains are managed.
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Who cares
Undertakers and other lawful custodians of remains
The bill would let them bury, cremate or use natural organic reduction for remains left without action for 120 days after receipt because the person controlling disposition has made no plan.
People with legal authority over disposition
Their failure to make a burial or other disposition plan could result in remains being deemed abandoned and disposed of by the lawful custodian.
Estate administrators, executors and authorized representatives
Those disposing of abandoned remains would have to keep a disposition record and would be discharged from legal obligations or liability concerning the remains to the authorizing agent and other people listed in the law.
Headline styles
Set Abandonment Period for Remains
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
220
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. EACHUS -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the disposal of human remains which have been deemed abandoned
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4201 of the public health law is amended by adding a new subdivision 12 to read as follows:
12. If the remains of a decedent in the possession of an undertaker, administrator, executor, authorized representative of a deceased person, corporation, company or association, or other person having lawful possession of such remains are not acted upon within one hundred twenty days of receipt of such remains due to a lack of burial or other disposition plan made by the person in control of disposition, pursuant to paragraph (a) of subdivision two of this section, such remains shall be considered "abandoned". In such case, the undertaker, administrator, executor, authorized representative of a deceased person, corporation, company or association, or other person having lawful possession of such remains, may dispose of such remains using traditional disposal methods such as burial, cremation, or natural organic reduction. A record of such disposition shall be made and kept by the person making such disposition. Upon disposing of such remains in the manner prescribed above, such person shall be discharged from any legal obligation or liability to the authorizing agent or any other person enumerated under paragraph (a) of subdivision two of this section in relation to such remains.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01503-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.