S T A T E   O F   N E W   Y O R K
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                                  8322

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 24, 2015
                               ___________

Introduced  by  M. of A. SILVER, LENTOL -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to limitations on the
  retention of body parts of a decedent by a medical examiner or coroner

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

  Section  1.  The  public health law is amended by adding a new section
4210-d to read as follows:
  S 4210-D. LIMITATIONS TO THE RETENTION OF BODY  PARTS.  1.    NOTWITH-
STANDING  ANY  OTHER  PROVISION OF LAW AND EXCEPT AS PROVIDED HEREIN, IN
THE ABSENCE OF A COMPELLING PUBLIC NECESSITY,  NO  MEDICAL  EXAMINER  OR
CORONER  SHALL,  UPON  COMPLETION  OF AN AUTOPSY OR DISSECTION, RETAIN A
BODY PART OR PARTS OF A DECEDENT OVER THE OBJECTION OF A SURVIVING RELA-
TIVE OR FRIEND OF SUCH DECEDENT.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMPELLING PUBLIC NECESSITY" SHALL MEAN:
  (I) THAT THE RETENTION OF SUCH BODY PART OR PARTS IS ESSENTIAL TO  THE
CONDUCT OF A CRIMINAL INVESTIGATION OF A HOMICIDE, AS DEFINED IN SECTION
125.00 OF THE PENAL LAW, OF WHICH THE DECEDENT IS THE VICTIM; OR
  (II)  THAT  THE  RETENTION  OF SUCH BODY PART OR PARTS IS NECESSARY TO
MEET AN IMMEDIATE AND SUBSTANTIAL THREAT TO THE PUBLIC HEALTH; OR
  (III) THAT THE NEED FOR RETENTION OF SUCH BODY PART OR PARTS IS ESTAB-
LISHED IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION.
  (B) "RELATIVE" SHALL MEAN THE PERSON MOST CLOSELY RELATED TO THE DECE-
DENT BY CONSANGUINITY OR AFFINITY. IN THE EVENT SUCH PERSON IS  UNAVAIL-
ABLE,  THE OBJECTION MAY BE RAISED ON HIS OR HER BEHALF BY THE NEXT MOST
CLOSELY RELATED PERSON. THE  MEDICAL  EXAMINER  OR  CORONER  SEEKING  TO
RETAIN  ANY BODY PART OR PARTS OF THE DECEDENT MAY REQUIRE A RELATIVE TO
PRESENT AN AFFIDAVIT STATING HIS OR HER RELATIONSHIP  TO  THE  DECEDENT,
AND THAT HE OR SHE WILL ASSUME RESPONSIBILITY FOR THE LAWFUL DISPOSITION
OF THE BODY OF THE DECEDENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11746-02-5
              

A. 8322                             2

  (C)"FRIEND"  SHALL MEAN ANY PERSON WHO, PRIOR TO THE DECEDENT'S DEATH,
MAINTAINED SUCH REGULAR CONTACT WITH THE DECEDENT AS TO BE FAMILIAR WITH
HIS OR HER ACTIVITIES AND WHO PRESENTS AN AFFIDAVIT  STATING  THE  FACTS
AND  CIRCUMSTANCES UPON WHICH THE CLAIM THAT HE OR SHE IS SUCH FRIEND IS
BASED,  AND  THAT  HE  OR  SHE WILL ASSUME RESPONSIBILITY FOR THE LAWFUL
DISPOSITION OF THE BODY OF THE DECEDENT.
  3. NO MEDICAL EXAMINER OR CORONER SHALL RETAIN ANY BODY PART OR  PARTS
OF A DECEDENT DUE TO A COMPELLING PUBLIC NECESSITY OVER THE OBJECTION OF
A  SURVIVING  RELATIVE  OR  FRIEND UNTIL NOTICE THEREOF IS GIVEN TO SUCH
SURVIVING RELATIVE OR FRIEND TO PERMIT SUCH SURVIVING RELATIVE OR FRIEND
TO INSTITUTE LEGAL  PROCEEDINGS  TO  DETERMINE  THE  PROPRIETY  OF  SUCH
RETENTION OF SUCH BODY PART OR PARTS.
  4. WHENEVER ANY CORONER OR MEDICAL EXAMINER SHALL DEEM IT NECESSARY TO
RETAIN  A  BODY  PART  OR  PARTS  OF  A DECEDENT OVER THE OBJECTION OF A
SURVIVING RELATIVE OR  FRIEND  IN  CIRCUMSTANCES  NOT  PROVIDED  FOR  IN
SUBPARAGRAPHS  (I)  AND (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, HE OR SHE MAY INSTITUTE A SPECIAL PROCEEDING, WITHOUT  FEE,  IN
THE  SUPREME  COURT  OR  COUNTY  COURT  FOR  AN  ORDER  AUTHORIZING SUCH
RETENTION OF A BODY PART OR PARTS. SUCH PROCEEDING SHALL  BE  INSTITUTED
AS  SOON  AS PRACTICABLE, BROUGHT ON BY AN ORDER TO SHOW CAUSE ON NOTICE
TO THE NEXT OF KIN OR FRIEND, OR IF NONE IS  KNOWN  TO  THE  PETITIONER,
THEN  TO  SUCH PARTY AS THE COURT MAY DIRECT, RETURNABLE AT THE EARLIEST
POSSIBLE TIME. THE PROCEEDING SHALL HAVE PREFERENCE OVER ALL OTHER CASES
IN THE COURT AND SHALL BE DETERMINED SUMMARILY  UPON  THE  PETITION  AND
SUCH  ORAL  OR WRITTEN PROOF AS MAY BE OFFERED BY THE PARTIES. THE COURT
SHALL GRANT THE RELIEF SOUGHT IN THE PETITION IF IT FINDS THAT THE PETI-
TIONER HAD ESTABLISHED A DEMONSTRABLE NEED TO RETAIN SUCH BODY  PART  OR
PARTS  UNDER  ALL  CIRCUMSTANCES OF THE CASE. IF THE PETITION IS DENIED,
AND NO STAY IS GRANTED BY THE COURT OR THE APPELLATE DIVISION, ALL  BODY
PARTS  OF  THE  DECEDENT  SHALL IMMEDIATELY BE RETURNED TO THE SURVIVING
RELATIVE OR FRIEND FOR THE LAWFUL DISPOSITION OF THE BODY OF  THE  DECE-
DENT.
  S 2. This act shall take effect immediately.