S T A T E O F N E W Y O R K
________________________________________________________________________
8322
2015-2016 Regular Sessions
I N A S S E M B L Y
June 24, 2015
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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.