|
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 |
| May 02, 2012 |
vote reconsidered - restored to third reading 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 |
Senate Bill S4124
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(R, C, IP) Senate District
(R, C) Senate District
(R) Senate District
2011-S4124 - Details
2011-S4124 - 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
2011-S4124 - Bill Text download pdf
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
(D) Senate District
(R, C, IP) Senate District
(R, C) Senate District
(R) Senate District
2011-S4124A (ACTIVE) - Details
2011-S4124A (ACTIVE) - 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
2011-S4124A (ACTIVE) - Bill 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.