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BILL NUMBER:S4124A

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: 2010 - S.6153

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty days after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

4124--A
Cal. No. 163

2011-2012 Regular Sessions

IN SENATE

March 21, 2011
___________

Introduced  by Sens. RANZENHOFER, CARLUCCI, DeFRANCISCO, LARKIN, LAVALLE
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to the disposition of
  remains

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 4201 of the public health  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  NO  PERSON  WHO: (1) AT THE TIME OF THE DECEDENT'S DEATH, WAS THE
SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE DECEDENT;  OR  (2)  HAS
BEEN ARRESTED OR CHARGED WITH ANY CRIME SET FORTH IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSAL-
LY  RELATED TO THE DEATH OF THE DECEDENT SHALL HAVE THE RIGHT TO CONTROL
THE DISPOSITION OF THE REMAINS OF THE DECEDENT. HOWEVER, THE APPLICATION
OF THIS PARAGRAPH IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN  THE
INTEREST  OF  JUSTICE BY ORDER OF (I) THE COURT THAT ISSUED THE ORDER OF
PROTECTION OR IN WHICH THE CRIMINAL ACTION AGAINST THE PERSON  IS  PEND-
ING,  OR  A  SUPERIOR  COURT  IN WHICH AN ACTION OR PROCEEDING UNDER THE
DOMESTIC RELATIONS LAW OR THE FAMILY COURT ACT BETWEEN  THE  PERSON  AND
THE DECEDENT WAS PENDING AT THE TIME OF THE DECEDENT'S DEATH, OR (II) IF
PROCEEDING  IN  THAT COURT WOULD CAUSE INAPPROPRIATE DELAY, A COURT IN A
SPECIAL PROCEEDING.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02534-03-2