| 3 | | - | 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 |
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| 3 | + | H.F. 363 Section 1. Section 144C.5, subsection 1, unnumbered 1 paragraph 1, Code 2025, is amended to read as follows: 2 The Except as provided in subsection 4, the right to 3 control final disposition of a decedents remains or to make 4 arrangements for the ceremony after a decedents death vests 5 in and devolves upon the following persons who are competent 6 adults at the time of the decedents death, in the following 7 order: 8 Sec. 2. Section 144C.5, Code 2025, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4. The right to control final disposition 11 of a decedents remains or to make arrangements for the 12 ceremony after a decedents death shall not vest in or devolve 13 upon a person who is prohibited from acting as a designee 14 pursuant to section 144C.8. 15 Sec. 3. Section 144C.8, Code 2025, is amended to read as 16 follows: 17 144C.8 Forfeiture of designees authority to control . 18 A designee or person with the authority to control under 19 this chapter shall forfeit all rights and authority under a 20 declaration , or by operation of section 144C.5, and all rights 21 and authority under the declaration , or by operation of section 22 144C.5, shall vest in and devolve upon an alternate designee, 23 or if there is none, vest in and devolve pursuant to section 24 144C.5 , under either of the following circumstances: 25 1. The designee or person with the authority to control 26 under this chapter is charged with murder in the first or 27 second degree or voluntary manslaughter in connection with the 28 declarants death and those charges are known to a third party. 29 2. The designee or person with the authority to control 30 under this chapter does not exercise the designees authority 31 under the declaration within twenty-four hours of receiving 32 notification of the death of the declarant or within forty 33 hours of the declarants death, whichever is earlier. 34 -1- HF 363 (2) 91 ss/ko/md 1/ 1 |
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