senate Bill S4124A

2011-2012 Legislative Session

Prohibits certain persons from controlling the disposition of a decedent's remains

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (23)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2012 referred to codes
returned to assembly
repassed senate
May 02, 2012 amended on third reading 4124a
vote reconsidered - restored to third reading
May 02, 2012 returned to senate
recalled from assembly
Feb 13, 2012 referred to health
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.163
Jan 04, 2012 referred to health
returned to senate
died in assembly
May 03, 2011 referred to health
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.388
Mar 21, 2011 referred to health

Votes

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Jan 31, 2012 - Health committee Vote

S4124
16
1
committee
16
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 12, 2011 - Health committee Vote

S4124
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 12, 2011

aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4124 - Bill Details

See Assembly Version of this Bill:
A7594A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S6153

S4124 - Bill Texts

view summary

Prohibits persons who were the subject of an order of protection protecting a decedent or who have been arrested or charged in the death of a decedent from controlling the disposition of the decedent's remains.

view sponsor memo
BILL NUMBER:S4124

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 -- HEALTH

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4124

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, LARKIN, LAVALLE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

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 CAUSALLY RELATED
TO THE DEATH OF THE DECEDENT SHALL BE DEEMED COMPETENT  TO  CONTROL  THE
DISPOSITION OF A DECEDENT'S REMAINS.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02534-01-1

Co-Sponsors

S4124A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7594A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S6153

S4124A (ACTIVE) - Bill Texts

view summary

Prohibits persons who were the subject of an order of protection protecting a decedent or who have been arrested or charged in the death of a decedent from controlling the disposition of the decedent's remains.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4124--A
    Cal. No. 163

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

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