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Assembly Bill A7594A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A7594 - Details

See Senate Version of this Bill:
S4124
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S6153

2011-A7594 - 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.

2011-A7594 - Bill Text download pdf 

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

                                  7594

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred 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

multi-Sponsors

2011-A7594A (ACTIVE) - Details

See Senate Version of this Bill:
S4124
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S6153

2011-A7594A (ACTIVE) - 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.

2011-A7594A (ACTIVE) - Bill Text download pdf 

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

                                 7594--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with  Assembly  Rule 3, sec. 2 -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

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.
                                                           LBD02534-02-2

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