BILL NUMBER:  S6153

 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.