Senate Bill S7542

2009-2010 Legislative Session

Makes possession and sale of embalming fluid a misdemeanor

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S7542 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.78, Pen L; amd §§3400 & 3455, Pub Health L

2009-S7542 - Summary

Makes possession and sale of embalming fluid a misdemeanor.

2009-S7542 - Sponsor Memo

2009-S7542 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7542

                            I N  S E N A T E

                             April 20, 2010
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and public  health  law,  in  relation  to
  criminal possession and unlawful sale of embalming fluid

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

  Section 1. The penal law is amended by adding a new section 220.78  to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1.  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING FLUID WHEN
HE OR SHE POSSESSES EMBALMING FLUID WITH EITHER THE INTENT TO  USE  SUCH
EMBALMING FLUID OR KNOWS SOME OTHER PERSON INTENDS TO USE SUCH EMBALMING
FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION.
  2.  FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICAL
OR SUBSTANCE MANUFACTURED PRIMARILY FOR USE BY LICENSED  FUNERAL  DIREC-
TORS,  UNDERTAKERS  OR  EMBALMERS,  OR REGISTERED RESIDENTS, TO PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION  OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S  2. Section 3400 of the public health law is amended by adding a new
subdivision (l) to read as follows:
  (L) "EMBALMING FLUID" MEANS ANY  CHEMICAL  OR  SUBSTANCE  MANUFACTURED
PRIMARILY  FOR  USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS OR EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY  OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
  S  3. Section 3455 of the public health law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. BEING A FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,  OR  REGISTERED
RESIDENT, KNOWINGLY GIVES, SELLS, PERMITS TO BE SOLD, OFFERS FOR SALE OR
DISPLAYS  FOR  SALE, OTHER THAN FOR PURPOSES WITHIN THE GENERAL SCOPE OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR REGISTERED RESIDENT, EMBALMING FLUID TO ANOTHER  PERSON  WITH  ACTUAL

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

2009-S7542A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.78, Pen L; amd §§3400 & 3455, Pub Health L

2009-S7542A - Summary

Makes possession and sale of embalming fluid a misdemeanor.

2009-S7542A - Sponsor Memo

2009-S7542A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7542--A

                            I N  S E N A T E

                             April 20, 2010
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal law and public health law, in relation to
  criminal possession and unlawful sale of embalming fluid

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

  Section  1. The penal law is amended by adding a new section 220.78 to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING  FLUID  WHEN
HE  OR  SHE POSSESSES EMBALMING FLUID WITH EITHER THE INTENT TO USE SUCH
EMBALMING FLUID OR KNOWLEDGE THAT SOME OTHER PERSON INTENDS TO USE  SUCH
EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION.
  2.  FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICAL
OR SUBSTANCE MANUFACTURED PRIMARILY FOR USE BY LICENSED  FUNERAL  DIREC-
TORS,  UNDERTAKERS  OR  EMBALMERS,  OR REGISTERED RESIDENTS, TO PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION  OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S  2. Section 3400 of the public health law is amended by adding a new
subdivision (l) to read as follows:
  (L) "EMBALMING FLUID" MEANS ANY  CHEMICAL  OR  SUBSTANCE  MANUFACTURED
PRIMARILY  FOR  USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS OR EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY  OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
  S  3. Section 3455 of the public health law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. BEING A FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,  OR  REGISTERED
RESIDENT, KNOWINGLY GIVES, SELLS, PERMITS TO BE SOLD, OFFERS FOR SALE OR
DISPLAYS  FOR  SALE, OTHER THAN FOR PURPOSES WITHIN THE GENERAL SCOPE OF

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

2009-S7542B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.78, Pen L; amd §§3400 & 3455, Pub Health L

2009-S7542B (ACTIVE) - Summary

Makes possession and sale of embalming fluid a misdemeanor.

2009-S7542B (ACTIVE) - Sponsor Memo

2009-S7542B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7542--B
    Cal. No. 587

                            I N  S E N A T E

                             April 20, 2010
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  penal law and public health law, in relation to
  criminal possession and unlawful sale of embalming fluid

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

  Section  1. The penal law is amended by adding a new section 220.78 to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING  FLUID  WHEN
HE  OR  SHE  KNOWINGLY POSSESSES EMBALMING FLUID WITH THE INTENT: (A) TO
USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR  INHALATION;
OR  (B)  TO  SELL  SUCH  EMBALMING FLUID TO ANOTHER PERSON UNDER CIRCUM-
STANCES EVINCING KNOWLEDGE THAT SUCH OTHER  PERSON  OR  A  THIRD  PERSON
INTENDS  TO  USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR
INHALATION.
  2. FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICALS
OR SUBSTANCES MANUFACTURED PRIMARILY FOR USE BY LICENSED FUNERAL  DIREC-
TORS,  UNDERTAKERS  OR  EMBALMERS,  OR REGISTERED RESIDENTS, TO PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION  OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S  2. Section 3400 of the public health law is amended by adding a new
subdivision (l) to read as follows:
  (L) "EMBALMING FLUID" MEANS ANY CHEMICALS OR  SUBSTANCES  MANUFACTURED
PRIMARILY  FOR  USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS OR EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY  OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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