A 220: Deems human remains to be abandoned if not acted upon within a certain period of time and authorizes the person in possession of such remains to dispose of them.
The bill aims to establish a new definition for "abandoned" human remains in New York State. If the remains of a deceased person are not disposed of within 120 days due to a lack of burial or other plan, they will be considered "abandoned." The person in control of the remains can then dispose of them using traditional methods such as burial, cremation, or natural organic reduction. A record of the disposal must be kept by the person making the disposal. After disposing of the remains, the person is discharged from any legal obligation or liability related to the remains. The changes will take effect immediately.
| Jan. 07, 2026 | referred to health |
| Jan. 08, 2025 | referred to health |
STATE OF NEW YORK ________________________________________________________________________ 220 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. EACHUS -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the disposal of human remains which have been deemed abandoned The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4201 of the public health law is amended by adding 2 a new subdivision 12 to read as follows: 3 12. If the remains of a decedent in the possession of an undertaker, 4 administrator, executor, authorized representative of a deceased person, 5 corporation, company or association, or other person having lawful 6 possession of such remains are not acted upon within one hundred twenty 7 days of receipt of such remains due to a lack of burial or other dispo- 8 sition plan made by the person in control of disposition, pursuant to 9 paragraph (a) of subdivision two of this section, such remains shall be 10 considered "abandoned". In such case, the undertaker, administrator, 11 executor, authorized representative of a deceased person, corporation, 12 company or association, or other person having lawful possession of such 13 remains, may dispose of such remains using traditional disposal methods 14 such as burial, cremation, or natural organic reduction. A record of 15 such disposition shall be made and kept by the person making such dispo- 16 sition. Upon disposing of such remains in the manner prescribed above, 17 such person shall be discharged from any legal obligation or liability 18 to the authorizing agent or any other person enumerated under paragraph 19 (a) of subdivision two of this section in relation to such remains. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01503-01-5