11100790D
HOUSE BILL NO. 1661
Offered January 12, 2011
Prefiled January 10, 2011
A BILL to amend and reenact § 32.1-288 of the Code of
Virginia, relating to disposition of dead bodies; how expenses paid.
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Patron-- Alexander
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:
1. That § 32.1-288 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-288. Disposition of dead body; how expenses paid.
A. After any investigation authorized or required pursuant to
this article has been completed, including an autopsy if one is performed, the
sheriff or other person or institution having initial custody of the dead body
shall make good faith efforts, pursuant to § 32.1-283, to identify the next of
kin of the decedent, and the dead body may be claimed by the relatives or
friends of the deceased person for disposition. The claimant shall bear the
expenses of such disposition except as provided
herein. If
no person claims the body, the Commissioner may accept the body for scientific
study as provided in Article 3 (§ 32.1-298 et seq.) of this chapter. If the
Commissioner refuses to accept the body for scientific study, the dead body
shall be accepted by the sheriff of the county or city where death occurred for
proper disposition. However, if the
claimant is financially unable to pay the reasonable costs of disposition of
the body, the costs shall be borne (i)
by the county or city in which the deceased person
resided at the time of death if the deceased person was a resident of Virginia or
(ii) by the county or city in which the death occurred if
the deceased person was not a resident of Virginia or the location
of the deceased person's residence cannot reasonably be
determined.
B. Except If no person claims the body of a deceased person,
the Commissioner may accept the body for scientific study as provided in
Article 3 (§ 32.1-298 et seq.). If the Commissioner refuses to accept the body
for scientific study, the dead body shall be accepted by the sheriff of the
county or city where death occurred for proper disposition and, except
as provided in subsection C, the reasonable expenses of disposition of the body
incurred by such sheriff or by the claimant to
the extent such claimant is financially unable to pay them shall
be borne (i) by the county or city in which the deceased
person resided at the time of death if the deceased person was a resident of
Virginia or (ii) by the county or city where death occurred if the deceased person was not a resident of
Virginia or the location of the deceased person's residence cannot reasonably be determined, or, if the deceased person was a resident of
Virginia at the time of death, by the county or city of residence.
No However, no such
expenses shall be paid by such county or city until allowed by an appropriate
court in such county or city. If the deceased person has an estate out of which
burial expenses can be paid, either in whole or in part, such estate shall be
taken for such purpose.
C. In the case of a person who has been received into the
state corrections system and died prior to his release, whose body is unclaimed
and whose body the Commissioner refuses to accept for scientific study, the
Department of Corrections shall bear the reasonable expenses for cremation or
other disposition of the body. In the case of a person who has been received
into the state corrections system and died prior to his release and whose
claimant is financially unable to pay reasonable expenses of disposition, the
expenses shall be borne by the county or city where the claimant resides.
D. Unless such act, decision, or omission resulted from bad
faith or malicious intent, the Commissioner, the Chief Medical Examiner, the
funeral service establishment, funeral service licensee or registered crematory
shall be immune from civil liability for any act, decision, or omission
resulting from the acceptance of any dead body for cremation or other
disposition.
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