Bill Text: DE HB359 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 29 And Title 31 Of The Delaware Code Relating To The Disposition Of Human Remains.
Sponsorship: Strong Partisan Bill (Democrat 11-1)
Status: (Passed) 2026-09-24 - Signed by Governor [HB359 Detail]
Download: Delaware-2025-HB359-Draft.html
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SPONSOR: |
Rep. Neal & Sen. Poore |
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Reps. K. Johnson, Berry; Sens. Huxtable, Hansen, Hoffner, Seigfried, Wilson |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 359
AN ACT TO AMEND TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF HUMAN REMAINS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4711, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4711. Disposition of an unclaimed body or remains of an indigent person [For application of this section, see 84 Del. Laws, c. 261, § 16].
(a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury or cremate such person found dead, the Chief Medical Examiner or a duly authorized representative shall notify the Division of Social Services of the Department of Health and Social Services to arrange for the burial or cremation of the unclaimed body or remains of an indigent person unless the case falls within the category described in subsection (b) of this section.
(b) When there is a written consent of the next of kin or other legally responsible party, the remains of an indigent person may be subjected to natural organic reduction, cremated, reduction or donated for scientific research.
Section 2. Amend § 110, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 110. Burial or cremation expenses of an indigent person.
An indigent person’s remains may be buried or cremated at public expense on the order of the Division of Social Services. Uniform standards for such burial or cremation shall be established by the Department of Health and Social Services. The fee shall be established by the Department at the lowest cost for which burial or cremation services which meet the standards can be locally obtained. In the event that If there are funds are available from social security, Veterans’ Administration Administration, or any other benefits or insurance, the compensation allowed to be paid for burial or cremation shall be reduced by the amount available from such benefits or insurance.
SYNOPSIS
This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party.
This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil.
