S T A T E O F N E W Y O R K
________________________________________________________________________
7880
2025-2026 Regular Sessions
I N A S S E M B L Y
April 11, 2025
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to requiring the state
to pay for independent autopsies of incarcerated individuals who die
in custody
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. THE REASONABLE EXPENSE OF AN INDEPENDENT AUTOPSY REQUESTED BY THE
NEXT OF KIN OF AN INCARCERATED INDIVIDUAL WHOSE DEATH OCCURRED IN THE
CUSTODY OF THE DEPARTMENT SHALL, TO THE EXTENT NOT OTHERWISE REIMBURSED
BY THE STATE, BE A STATE CHARGE. REIMBURSEMENT OF SUCH EXPENSE SHALL BE
MADE ON VOUCHERS SUBMITTED ANNUALLY AND CERTIFIED BY THE CHIEF FISCAL
OFFICER OF THE COUNTY OR CITY AS THE CASE MAY BE ON THE AUDIT AND
WARRANT OF THE COMPTROLLER. THE NEXT OF KIN OF AN INCARCERATED INDIVID-
UAL WHOSE DEATH OCCURRED IN THE CUSTODY OF THE DEPARTMENT MAY REQUEST
AND SHALL BE GRANTED SUCH INDEPENDENT AUTOPSY AFTER THE RECEIPT OF A
DEATH CERTIFICATE PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10816-01-5