House File 363 - Enrolled House File 363 AN ACT RELATING TO THE FINAL DISPOSITION OF REMAINS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 144C.5, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows: The Except as provided in subsection 4, the right to control final disposition of a decedents remains or to make arrangements for the ceremony after a decedents death vests in and devolves upon the following persons who are competent adults at the time of the decedents death, in the following order: Sec. 2. Section 144C.5, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION . 4. The right to control final disposition of a decedents remains or to make arrangements for the ceremony after a decedents death shall not vest in or devolve upon a person who is prohibited from acting as a designee pursuant to section 144C.8. Sec. 3. Section 144C.8, Code 2025, is amended to read as follows: 144C.8 Forfeiture of designees authority to control . A designee or person with the authority to control under this chapter shall forfeit all rights and authority under a declaration , or by operation of section 144C.5, and all rights and authority under the declaration , or by operation of section 144C.5, shall vest in and devolve upon an alternate designee,
House File 363, p. 2 or if there is none, vest in and devolve pursuant to section 144C.5 , under either of the following circumstances: 1. The designee or person with the authority to control under this chapter is charged with murder in the first or second degree or voluntary manslaughter in connection with the declarants death and those charges are known to a third party. 2. The designee or person with the authority to control under this chapter does not exercise the designees authority under the declaration within twenty-four hours of receiving notification of the death of the declarant or within forty hours of the declarants death, whichever is earlier. ______________________________ PAT GRASSLEY Speaker of the House ______________________________ AMY SINCLAIR President of the Senate I hereby certify that this bill originated in the House and is known as House File 363, Ninety-first General Assembly. ______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2025 ______________________________ KIM REYNOLDS Governor