Senate Bill S8751A

2023-2024 Legislative Session

Relates to concealment and/or mutilation of a human corpse

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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

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Bill Amendments

co-Sponsors

2023-S8751 - Details

See Assembly Version of this Bill:
A9426
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §195.02, Pen L; amd §§510.10, 530.20 & 530.40, CP L

2023-S8751 - Summary

Relates to concealment and/or mutilation of a human corpse by any person; exempts practice of funeral direction and organ donation.

2023-S8751 - Sponsor Memo

2023-S8751 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8751
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  mutilation  of  a  human
   corpse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 195.02 of the penal law, as added by chapter 242 of
 the laws of 2015, is amended to read as follows:
 § 195.02 Concealment OR MUTILATION of a human corpse.
   A person is guilty of concealment OR  MUTILATION  of  a  human  corpse
 when[,  having  a  reasonable  expectation that a human corpse or a part
 thereof will be produced for or used as physical  evidence  in:  (a)  an
 official proceeding; (b) an autopsy as part of a criminal investigation;
 or (c) an examination by law enforcement personnel as part of a criminal
 investigation;] such person, alone or in concert with another, conceals,
 alters,  MUTILATES  or  destroys  such  corpse or part thereof [with the
 intent to prevent its production, use or discovery]. THE  PROVISIONS  OF
 THIS  SECTION  SHALL NOT APPLY TO AN  INDIVIDUAL OR ENTITY AUTHORIZED TO
 ACCEPT AN ANATOMICAL GIFT PURSUANT TO SECTION FORTY-THREE HUNDRED TWO OF
 THE PUBLIC HEALTH LAW OR TO THE LAWFUL ACTIVITIES OF A FUNERAL DIRECTOR,
 UNDERTAKER OR EMBALMER  UNDER ARTICLE THIRTY-FOUR OF THE  PUBLIC  HEALTH
 LAW.
   Concealment OR MUTILATION of a human corpse is a class E felony.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14809-01-4



              

co-Sponsors

2023-S8751A (ACTIVE) - Details

See Assembly Version of this Bill:
A9426
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §195.02, Pen L; amd §§510.10, 530.20 & 530.40, CP L

2023-S8751A (ACTIVE) - Summary

Relates to concealment and/or mutilation of a human corpse by any person; exempts practice of funeral direction and organ donation.

2023-S8751A (ACTIVE) - Sponsor Memo

2023-S8751A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8751--A
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sens.  PALUMBO, CANZONERI-FITZPATRICK, MARTINS, MATTERA,
   MURRAY, RHOADS -- read twice and ordered printed, and when printed  to
   be  committed  to the Committee on Codes -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the penal law, in relation to concealment and/or mutila-
   tion  of  a  human corpse; and to amend the criminal procedure law, in
   relation  to  authorizing bail for principals charged with concealment
   and/or mutilation of a human corpse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 195.02 of the penal law, as added by chapter 242 of
 the laws of 2015, is amended to read as follows:
 § 195.02 Concealment AND/OR MUTILATION of a human corpse.
   A  person is guilty of concealment AND/OR MUTILATION of a human corpse
 when[, having a reasonable expectation that a human  corpse  or  a  part
 thereof  will  be  produced  for or used as physical evidence in: (a) an
 official proceeding; (b) an autopsy as part of a criminal investigation;
 or (c) an examination by law enforcement personnel as part of a criminal
 investigation;] such person, alone or in concert with another, conceals,
 alters, MUTILATES AND/or destroys such corpse or part thereof [with  the
 intent  to  prevent its production, use or discovery]. THE PROVISIONS OF
 THIS SECTION SHALL NOT APPLY TO AN  INDIVIDUAL OR ENTITY  AUTHORIZED  TO
 ACCEPT AN ANATOMICAL GIFT PURSUANT TO SECTION FORTY-THREE HUNDRED TWO OF
 THE PUBLIC HEALTH LAW OR TO THE LAWFUL ACTIVITIES OF A FUNERAL DIRECTOR,
 UNDERTAKER  OR EMBALMER   UNDER ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH
 LAW.
   Concealment AND/OR MUTILATION of a human corpse is a class E felony.
   § 2.  Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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