Indiana 2024 Regular Session

Indiana House Bill HB1217 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1217
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-6.1; IC 12-20-16-12; IC 23-14-31.5;
7	7	IC 25-15-11; IC 29-2-16.1-15; IC 34-30-2.1-325.5; IC 35-50-5-3;
8	8	IC 35-52-23-6.5; IC 36-2-14-16.
9	9	Synopsis: Alkaline hydrolysis. Provides for alkaline hydrolysis as a
10	10	means for the dissolution of human remains. Requires the state board
11	11	of funeral and cemetery service to adopt rules governing the operation
12	12	of alkaline hydrolysis facilities. Adds alkaline hydrolysis to
13	13	cross-references that allow for burial or cremation.
14	14	Effective: January 1, 2025.
15	15	Genda
16	16	January 9, 2024, read first time and referred to Committee on Public Health.
17	17	2024 IN 1217—LS 7001/DI 150 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1217
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	business and other associations.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 5-2-6.1-15, AS AMENDED BY P.L.129-2009,
33	33	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JANUARY 1, 2025]: Sec. 15. (a) If a victim of a violent crime dies as
35	35	4 a result of the crime, the division may pay the reasonable expenses
36	36	5 incurred for funeral, burial, or cremation, or alkaline hydrolysis.
37	37	6 (b) The division shall adopt guidelines to determine when the
38	38	7 payment of expenses under subsection (a) is appropriate. In adopting
39	39	8 guidelines under this subsection, the division shall consider the
40	40	9 availability of other sources of compensation, including township
41	41	10 assistance and federal programs.
42	42	11 SECTION 2. IC 5-2-6.1-21.1, AS AMENDED BY THE
43	43	12 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
44	44	13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	14 JANUARY 1, 2025]: Sec. 21.1. (a) This section applies to claims filed
46	46	15 with the division after June 30, 2009.
47	47	16 (b) This subsection section does not apply to reimbursement for
48	48	17 forensic and evidence gathering services provided under section 39 of
49	49	2024 IN 1217—LS 7001/DI 150 2
50	50	1 this chapter.
51	51	2 (c) An award may not be made unless the claimant has incurred an
52	52	3 out-of-pocket loss of at least one hundred dollars ($100).
53	53	4 (d) Subject to subsections (b) and (c), the division may order the
54	54	5 payment of compensation under this chapter for any of the following:
55	55	6 (1) Reasonable expenses incurred within one hundred eighty
56	56	7 (180) days after the date of the violent crime for necessary:
57	57	8 (A) medical, chiropractic, hospital, dental, optometric, and
58	58	9 ambulance services;
59	59	10 (B) prescription drugs; and
60	60	11 (C) prosthetic devices;
61	61	12 that do not exceed the claimant's out-of-pocket loss.
62	62	13 (2) Loss of income:
63	63	14 (A) the victim would have earned had the victim not died or
64	64	15 been injured, if the victim was employed at the time of the
65	65	16 violent crime; or
66	66	17 (B) the parent, guardian, or custodian of a victim who is less
67	67	18 than eighteen (18) years of age incurred by taking time off
68	68	19 from work to care for the victim.
69	69	20 A claimant seeking reimbursement under this subdivision must
70	70	21 provide the division with proof of employment and current wages.
71	71	22 (3) Reasonable emergency shelter care expenses, not to exceed
72	72	23 the expenses for thirty (30) days, that are incurred for the claimant
73	73	24 or a dependent of the claimant to avoid contact with a person who
74	74	25 committed the violent crime.
75	75	26 (4) Reasonable expense incurred for child care, not to exceed one
76	76	27 thousand dollars ($1,000), to replace child care the victim would
77	77	28 have supplied had the victim not died or been injured.
78	78	29 (5) Loss of financial support the victim would have supplied to
79	79	30 legal dependents had the victim not died or been injured.
80	80	31 (6) Documented expenses incurred for funeral, burial, or
81	81	32 cremation, or alkaline hydrolysis of the victim that do not
82	82	33 exceed five thousand dollars ($5,000). The division shall disburse
83	83	34 compensation under this subdivision in accordance with
84	84	35 guidelines adopted by the division.
85	85	36 (7) Outpatient mental health counseling, not to exceed three
86	86	37 thousand dollars ($3,000), concerning mental health issues related
87	87	38 to the violent crime.
88	88	39 (8) Other actual expenses related to bodily injury to or the death
89	89	40 of the victim that the division determines are reasonable.
90	90	41 (9) Replacement of windows or door locks.
91	91	42 (10) Cleanup of the scene of a violent crime.
92	92	2024 IN 1217—LS 7001/DI 150 3
93	93	1 (e) If a health care provider accepts payment from the division
94	94	2 under this chapter, the health care provider may not require the victim
95	95	3 to pay a copayment or an additional fee for the provision of services.
96	96	4 (f) A health care provider who seeks compensation from the
97	97	5 division under this chapter may not simultaneously seek funding for
98	98	6 services provided to a victim from any other source.
99	99	7 (g) The director may extend the one hundred eighty (180) day
100	100	8 compensation period established by subsection (d)(1) for a period not
101	101	9 to exceed two (2) years after the date of the violent crime if:
102	102	10 (1) the victim or the victim's representative requests the
103	103	11 extension; and
104	104	12 (2) medical records and other documentation provided by the
105	105	13 attending medical providers indicate that an extension is
106	106	14 appropriate.
107	107	15 (h) The director may extend the one hundred eighty (180) day
108	108	16 compensation period established by subsection (d)(1) for outpatient
109	109	17 mental health counseling, established by subsection (d)(7), if the
110	110	18 victim:
111	111	19 (1) was allegedly a victim of a sex crime (under IC 35-42-4) or
112	112	20 incest (under IC 35-46-1-3);
113	113	21 (2) was under eighteen (18) years of age at the time of the alleged
114	114	22 crime; and
115	115	23 (3) did not reveal the crime within two (2) years after the date of
116	116	24 the alleged crime.
117	117	25 SECTION 3. IC 12-20-16-12, AS AMENDED BY P.L.56-2023,
118	118	26 SECTION 125, IS AMENDED TO READ AS FOLLOWS
119	119	27 [EFFECTIVE JANUARY 1, 2025]: Sec. 12. (a) This section does not
120	120	28 apply if the county coroner assumes jurisdiction of an unclaimed body
121	121	29 under IC 36-2-14-16.
122	122	30 (b) If:
123	123	31 (1) an individual dies in a township without leaving:
124	124	32 (A) money;
125	125	33 (B) real or personal property;
126	126	34 (C) other assets that may be liquidated; or
127	127	35 (D) other means necessary to defray funeral expenses; and
128	128	36 (2) the individual is not a resident of another township in Indiana;
129	129	37 the township trustee, as administrator of township assistance, shall
130	130	38 provide a person to superintend and authorize either the funeral and
131	131	39 burial, or cremation, or alkaline hydrolysis of the deceased individual.
132	132	40 If the township trustee determines that the deceased individual is a
133	133	41 resident of another township in Indiana, the township trustee shall
134	134	42 notify the trustee of that township, who shall then provide a person to
135	135	2024 IN 1217—LS 7001/DI 150 4
136	136	1 superintend and authorize either the funeral and burial, or cremation,
137	137	2 or alkaline hydrolysis of the deceased individual.
138	138	3 (c) The necessary and reasonable expenses of the funeral and burial,
139	139	4 or cremation, or alkaline hydrolysis, including a burial plot, shall be
140	140	5 paid in the same manner as other claims for township assistance. A
141	141	6 trustee shall determine the cost for the items and services required by
142	142	7 law for the funeral and burial of an individual, including a burial plot,
143	143	8 and for the cremation or alkaline hydrolysis of an individual, and
144	144	9 include in the township's township assistance standards the maximum
145	145	10 funeral and burial, or cremation, or alkaline hydrolysis amount to be
146	146	11 paid from township assistance funds. The trustee may deduct from the
147	147	12 maximum amount the following:
148	148	13 (1) Any monetary benefits that the deceased individual is entitled
149	149	14 to receive from a state or federal program.
150	150	15 (2) Any money that another person provides on behalf of the
151	151	16 deceased individual.
152	152	17 (d) If an individual described in subsection (b) is a resident of a
153	153	18 state institution at the time of the individual's death, the division that
154	154	19 has administrative control of the state institution shall reimburse the
155	155	20 township trustee for the necessary and reasonable expenses of the
156	156	21 funeral and burial, or cremation, or alkaline hydrolysis of the
157	157	22 deceased individual. The township trustee shall submit to the division
158	158	23 that has administrative control of the state institution an itemized claim
159	159	24 for reimbursement of the necessary and reasonable funeral and burial,
160	160	25 or cremation, or alkaline hydrolysis expenses incurred by the
161	161	26 township trustee.
162	162	27 (e) If an individual described in subsection (b) is a resident of a
163	163	28 special institution governed by IC 16-33 at the time of the individual's
164	164	29 death, the Indiana department of health shall reimburse the township
165	165	30 trustee for the necessary and reasonable expenses of the funeral and
166	166	31 burial, or cremation, or alkaline hydrolysis of the deceased individual.
167	167	32 The township trustee shall submit to the Indiana department of health
168	168	33 an itemized claim for reimbursement of the necessary and reasonable
169	169	34 funeral and burial, or cremation, or alkaline hydrolysis expenses
170	170	35 incurred by the township trustee.
171	171	36 (f) A township trustee who provides funeral and burial, or
172	172	37 cremation, or alkaline hydrolysis benefits to a deceased individual is
173	173	38 entitled to a first priority claim, to the extent of the cost of the funeral
174	174	39 and burial, or cremation, or alkaline hydrolysis benefits paid by the
175	175	40 township trustee, against any money or other personal property held by
176	176	41 the coroner under IC 36-2-14-11.
177	177	42 (g) The township trustee may not cremate a deceased individual if:
178	178	2024 IN 1217—LS 7001/DI 150 5
179	179	1 (1) the deceased individual; or
180	180	2 (2) a surviving family member of the deceased individual;
181	181	3 has objected in writing to cremation.
182	182	4 (h) If a township trustee provides a funeral under this section, the
183	183	5 cost of the funeral may not be more than the cost of the least expensive
184	184	6 funeral, including any necessary merchandise and embalming,
185	185	7 available from the funeral director under the funeral director's price list
186	186	8 disclosed to the Federal Trade Commission.
187	187	9 SECTION 4. IC 23-14-31.5 IS ADDED TO THE INDIANA CODE
188	188	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
189	189	11 JANUARY 1, 2025]:
190	190	12 Chapter 31.5. Alkaline Hydrolysis
191	191	13 Sec. 1. As used in this chapter, "alkaline hydrolysis" means the
192	192	14 dissolution of human remains by:
193	193	15 (1) placing the human remains in water and a chemical
194	194	16 solution that includes:
195	195	17 (A) potassium hydroxide;
196	196	18 (B) sodium hydroxide; or
197	197	19 (C) a combination of potassium hydroxide and sodium
198	198	20 hydroxide; and
199	199	21 (2) introducing heat;
200	200	22 to break down the human remains to only bone fragments that may
201	201	23 be pulverized and a liquid substance.
202	202	24 Sec. 2. As used in this chapter, "alkaline hydrolysis authority"
203	203	25 means the:
204	204	26 (1) legal entity; or
205	205	27 (2) legal entity's authorized representative;
206	206	28 that is registered under this chapter to operate an alkaline
207	207	29 hydrolysis facility.
208	208	30 Sec. 3. As used in this chapter, "alkaline hydrolysis chamber"
209	209	31 means an enclosed vessel that:
210	210	32 (1) is specifically created for alkaline hydrolysis; and
211	211	33 (2) is able to be completely sealed during alkaline hydrolysis.
212	212	34 Sec. 4. As used in this chapter, "alkaline hydrolysis facility"
213	213	35 means a structure in which human remains undergo, or are
214	214	36 intended to undergo, alkaline hydrolysis.
215	215	37 Sec. 5. As used in this chapter, "authorizing agent" means an
216	216	38 individual who is legally entitled to order the alkaline hydrolysis
217	217	39 and disposition of specific human remains.
218	218	40 Sec. 6. As used in this chapter, "board" means the state board
219	219	41 of funeral and cemetery service established by IC 25-15-9-1.
220	220	42 Sec. 7. As used in this chapter, "body part" means:
221	221	2024 IN 1217—LS 7001/DI 150 6
222	222	1 (1) a limb or other part of the human anatomy that is
223	223	2 removed for:
224	224	3 (A) medical purposes;
225	225	4 (B) treatment;
226	226	5 (C) surgery;
227	227	6 (D) biopsy;
228	228	7 (E) autopsy; or
229	229	8 (F) medical research; or
230	230	9 (2) a human body or part of a human body that has been
231	231	10 donated for medical research.
232	232	11 Sec. 8. As used in this chapter, "burial transit permit" means a
233	233	12 permit for the:
234	234	13 (1) disposal of a deceased human body under IC 16-37-3-10;
235	235	14 and
236	236	15 (2) transportation of a deceased human body under
237	237	16 IC 16-37-3-12.
238	238	17 Sec. 9. As used in this chapter, "cold storage facility" means a
239	239	18 structure, a part of a structure, or a fixture that:
240	240	19 (1) can temporarily hold a minimum of three (3) deceased
241	241	20 human bodies awaiting the process of alkaline hydrolysis; and
242	242	21 (2) is capable of maintaining an interior temperature of 40
243	243	22 degrees Fahrenheit while loaded with the maximum number
244	244	23 of bodies for which the cold storage facility is designed.
245	245	24 Sec. 10. As used in this chapter, "disposition" means the:
246	246	25 (1) interment of hydrolyzed remains in the earth in an
247	247	26 established cemetery;
248	248	27 (2) interment of recovered hydrolyzed remains in a
249	249	28 mausoleum or columbarium;
250	250	29 (3) burial or scattering of hydrolyzed remains on the property
251	251	30 of a consenting owner, on uninhabited public land, or on a
252	252	31 waterway;
253	253	32 (4) burial or scattering of hydrolyzed remains at sea; or
254	254	33 (5) disposal of hydrolyzed remains in another manner.
255	255	34 Sec. 11. As used in this chapter, "funeral director" means an
256	256	35 individual who is licensed under IC 25-15.
257	257	36 Sec. 12. As used in this chapter, "human remains" means the
258	258	37 body or a part of the body of a human being, including a human
259	259	38 body or body part that has undergone alkaline hydrolysis.
260	260	39 Sec. 13. As used in this chapter, "hydrolyze" means to perform
261	261	40 alkaline hydrolysis.
262	262	41 Sec. 14. (a) As used in this chapter, "hydrolyzed remains"
263	263	42 means all human remains recovered after the completion of
264	264	2024 IN 1217—LS 7001/DI 150 7
265	265	1 alkaline hydrolysis, including the residue of any foreign materials,
266	266	2 dental work, or eyeglasses that were with the human remains when
267	267	3 alkaline hydrolysis was conducted.
268	268	4 (b) The term does not include the following:
269	269	5 (1) A prosthetic.
270	270	6 (2) A medical device.
271	271	7 (3) Any liquid substance remaining after alkaline hydrolysis.
272	272	8 Sec. 15. As used in this chapter, "scattering" means the
273	273	9 disposition of hydrolyzed remains by removing the hydrolyzed
274	274	10 remains from any container and doing one (1) of the following:
275	275	11 (1) Placing the hydrolyzed remains on the surface of soil or
276	276	12 ground cover.
277	277	13 (2) Placing the hydrolyzed remains at sea.
278	278	14 (3) Releasing the hydrolyzed remains in the air.
279	279	15 Sec. 16. As used in this chapter, "scattering area" means a
280	280	16 designated area on dedicated cemetery property where hydrolyzed
281	281	17 remains may be scattered.
282	282	18 Sec. 17. As used in this chapter, "urn" means a container
283	283	19 designed to encase hydrolyzed remains.
284	284	20 Sec. 18. (a) A person, a corporation, a limited liability company,
285	285	21 a partnership, or any other business entity that is registered under
286	286	22 this section may erect, maintain, and operate an alkaline hydrolysis
287	287	23 facility.
288	288	24 (b) To register to erect, maintain, or operate an alkaline
289	289	25 hydrolysis facility, an applicant must complete an application for
290	290	26 registration as an alkaline hydrolysis authority on a form furnished
291	291	27 by the board that contains the following information:
292	292	28 (1) The name and address of the applicant as follows:
293	293	29 (A) If the applicant is an individual, the full name and
294	294	30 address, including both residential and business addresses,
295	295	31 of the applicant.
296	296	32 (B) If the applicant is a partnership, the full name and
297	297	33 address of each partner.
298	298	34 (C) If the applicant is a limited liability company, the full
299	299	35 name and address of each manager and member.
300	300	36 (D) If the applicant is a corporation, the name and address
301	301	37 of each officer, director, and shareholder holding at least
302	302	38 twenty-five percent (25%) of the corporation's stock.
303	303	39 (2) Any other information the board reasonably requires.
304	304	40 (c) In order to register to erect, maintain, or operate an alkaline
305	305	41 hydrolysis facility, an applicant must maintain a cold storage
306	306	42 facility at the alkaline hydrolysis facility.
307	307	2024 IN 1217—LS 7001/DI 150 8
308	308	1 (d) An alkaline hydrolysis authority shall obtain all necessary
309	309	2 licenses and permits from appropriate local, state, or federal
310	310	3 agencies.
311	311	4 (e) An alkaline hydrolysis authority shall not advertise or carry
312	312	5 out alkaline hydrolysis before January 1, 2025.
313	313	6 Sec. 19. (a) An alkaline hydrolysis authority shall, not later than
314	314	7 ninety (90) days after the end of the alkaline hydrolysis authority's
315	315	8 fiscal year, file an annual report with the board, including:
316	316	9 (1) any changes to the information required by this chapter;
317	317	10 or
318	318	11 (2) a statement indicating that no changes have occurred.
319	319	12 (b) If the fiscal year of an alkaline hydrolysis authority is not the
320	320	13 calendar year, the alkaline hydrolysis authority shall file the
321	321	14 annual report with the board not more than seventy-five (75) days
322	322	15 after the end of the alkaline hydrolysis authority's fiscal year.
323	323	16 (c) If an alkaline hydrolysis authority files a written request for
324	324	17 an extension and demonstrates good cause for the extension, the
325	325	18 board shall grant an extension of not more than sixty (60) days for
326	326	19 filing the annual report.
327	327	20 (d) If an alkaline hydrolysis authority fails to submit an annual
328	328	21 report to the board within the time specified in subsection (b) or
329	329	22 (c), then the board may take any of the actions permitted under
330	330	23 IC 25-15-9.
331	331	24 Sec. 20. Upon reasonable notice, the board may inspect all
332	332	25 records related to an alkaline hydrolysis authority's registration
333	333	26 and annual report required by this chapter.
334	334	27 Sec. 21. (a) Except as provided in subsection (c), the following
335	335	28 persons, in the priority listed, have the right to serve as an
336	336	29 authorizing agent:
337	337	30 (1) A person:
338	338	31 (A) granted the authority to serve in a funeral planning
339	339	32 declaration executed by the decedent under IC 29-2-19; or
340	340	33 (B) named in a United States Department of Defense form
341	341	34 "Record of Emergency Data" (DD Form 93) or a successor
342	342	35 form adopted by the United States Department of Defense,
343	343	36 if the decedent died while serving in any branch of the
344	344	37 United States Armed Forces (as defined in 10 U.S.C. 1481)
345	345	38 and completed the form.
346	346	39 (2) An individual specifically granted the authority to serve in
347	347	40 a power of attorney or a health care power of attorney
348	348	41 executed by the decedent under IC 30-5-5-16 or a health care
349	349	42 representative under IC 16-36-7.
350	350	2024 IN 1217—LS 7001/DI 150 9
351	351	1 (3) The individual who was the spouse of the decedent at the
352	352	2 time of the decedent's death, except when:
353	353	3 (A) a petition to dissolve the marriage or for legal
354	354	4 separation of the decedent and spouse is pending with a
355	355	5 court at the time of the decedent's death, unless a court
356	356	6 finds that the decedent and spouse were reconciled before
357	357	7 the decedent's death; or
358	358	8 (B) a court determines the decedent and spouse were
359	359	9 physically and emotionally separated at the time of death
360	360	10 and the separation was for an extended time that clearly
361	361	11 demonstrates an absence of due affection, trust, and regard
362	362	12 for the decedent.
363	363	13 (4) The decedent's surviving adult child or, if more than one
364	364	14 (1) adult child is surviving, the majority of the adult children.
365	365	15 However, less than half of the surviving adult children have
366	366	16 the rights under this subdivision if the adult children have
367	367	17 used reasonable efforts to notify the other surviving adult
368	368	18 children of their intentions and are not aware of any
369	369	19 opposition to the final disposition instructions by more than
370	370	20 half of the surviving adult children.
371	371	21 (5) The decedent's surviving parent or parents. If one (1) of
372	372	22 the parents is absent, the parent who is present has authority
373	373	23 under this subdivision if the parent who is present has used
374	374	24 reasonable efforts to notify the absent parent.
375	375	25 (6) The decedent's surviving sibling or, if more than one (1)
376	376	26 sibling is surviving, the majority of the surviving siblings.
377	377	27 However, less than half of the surviving siblings have the
378	378	28 rights under this subdivision if the siblings have used
379	379	29 reasonable efforts to notify the other surviving siblings of
380	380	30 their intentions and are not aware of any opposition to the
381	381	31 final disposition instructions by more than half of the
382	382	32 surviving siblings.
383	383	33 (7) A guardian appointed by a court under IC 29-3-5-3.
384	384	34 (8) The individual in the next degree of kinship under
385	385	35 IC 29-1-2-1 to inherit the estate of the decedent or, if more
386	386	36 than one (1) individual of the same degree is surviving, the
387	387	37 majority of those who are of the same degree. However, less
388	388	38 than half of the individuals who are of the same degree of
389	389	39 kinship have the rights under this subdivision if they have
390	390	40 used reasonable efforts to notify the other individuals who are
391	391	41 of the same degree of kinship of their intentions and are not
392	392	42 aware of any opposition to the final disposition instructions by
393	393	2024 IN 1217—LS 7001/DI 150 10
394	394	1 more than half of the individuals who are of the same degree
395	395	2 of kinship.
396	396	3 (9) If none of the persons described in subdivisions (1)
397	397	4 through (8) are available, or willing, to act and arrange for
398	398	5 the final disposition of the decedent's remains, a stepchild (as
399	399	6 defined in IC 6-4.1-1-3(f)) of the decedent or, if more than one
400	400	7 (1) stepchild survives the decedent, then a majority of the
401	401	8 surviving stepchildren. However, less than half of the
402	402	9 surviving stepchildren have the rights under this subdivision
403	403	10 if they have used reasonable efforts to notify the other
404	404	11 stepchildren of their intentions and are not aware of any
405	405	12 opposition to the final disposition instructions by more than
406	406	13 half of the stepchildren.
407	407	14 (10) The person appointed to administer the decedent's estate
408	408	15 under IC 29-1.
409	409	16 (11) If none of the persons described in subdivisions (1)
410	410	17 through (10) are available, any other person willing to act and
411	411	18 arrange for the final disposition of the decedent's remains,
412	412	19 including a funeral home that:
413	413	20 (A) has a valid prepaid funeral plan executed under
414	414	21 IC 30-2-13 that makes arrangements for the disposition of
415	415	22 the decedent's remains; and
416	416	23 (B) attests in writing that a good faith effort has been made
417	417	24 to contact any living individuals described in subdivisions
418	418	25 (1) through (10).
419	419	26 (12) In the case of an indigent or other individual whose final
420	420	27 disposition is the responsibility of the state or township, the
421	421	28 following may serve as the authorizing agent:
422	422	29 (A) If none of the persons identified in subdivisions (1)
423	423	30 through (11) are available:
424	424	31 (i) a public administrator, including a responsible
425	425	32 township trustee or the trustee's designee; or
426	426	33 (ii) the coroner.
427	427	34 (B) A state appointed guardian.
428	428	35 However, an indigent decedent may not be cremated if a
429	429	36 surviving family member objects to the cremation or if
430	430	37 cremation would be contrary to the religious practices of the
431	431	38 deceased individual as expressed by the individual or the
432	432	39 individual's family.
433	433	40 (13) In the absence of any person under subdivisions (1)
434	434	41 through (12), any person willing to assume the responsibility
435	435	42 as the authorizing agent, as specified in this article.
436	436	2024 IN 1217—LS 7001/DI 150 11
437	437	1 (b) When a body part of a nondeceased individual is to be
438	438	2 cremated, a representative of the institution that has arranged with
439	439	3 the crematory authority to cremate the body part may serve as the
440	440	4 authorizing agent.
441	441	5 (c) If:
442	442	6 (1) the death of the decedent appears to have been the result
443	443	7 of:
444	444	8 (A) murder (IC 35-42-1-1);
445	445	9 (B) voluntary manslaughter (IC 35-42-1-3); or
446	446	10 (C) another criminal act, if the death does not result from
447	447	11 the operation of a vehicle; and
448	448	12 (2) the coroner, in consultation with the law enforcement
449	449	13 agency investigating the death of the decedent, determines
450	450	14 that there is a reasonable suspicion that a person described in
451	451	15 subsection (a) committed the offense;
452	452	16 the person referred to in subdivision (2) may not serve as the
453	453	17 authorizing agent.
454	454	18 (d) The coroner, in consultation with the law enforcement
455	455	19 agency investigating the death of the decedent, shall inform the
456	456	20 crematory authority of the determination referred to in subsection
457	457	21 (c)(2).
458	458	22 (e) If a person vested with a right under subsection (a) does not
459	459	23 exercise that right not later than seventy-two (72) hours after the
460	460	24 person receives notification of the death of the decedent, the person
461	461	25 forfeits the person's right to determine the final disposition of the
462	462	26 decedent's remains, and the right to determine final disposition
463	463	27 passes to the next person described in subsection (a).
464	464	28 (f) A crematory authority owner has the right to rely, in good
465	465	29 faith, on the representations of a person listed in subsection (a) that
466	466	30 any other individuals of the same degree of kinship have been
467	467	31 notified of the final disposition instructions.
468	468	32 (g) If there is a dispute concerning the disposition of a
469	469	33 decedent's remains, a crematory authority is not liable for refusing
470	470	34 to accept the remains of the decedent until the crematory authority
471	471	35 receives:
472	472	36 (1) a court order; or
473	473	37 (2) a written agreement signed by the disputing parties;
474	474	38 that determines the final disposition of the decedent's remains. If
475	475	39 a crematory authority agrees to shelter the remains of the decedent
476	476	40 while the parties are in dispute, the crematory authority may
477	477	41 collect any applicable fees for storing the remains, including legal
478	478	42 fees that are incurred.
479	479	2024 IN 1217—LS 7001/DI 150 12
480	480	1 (h) Any cause of action filed under this section must be filed in
481	481	2 the probate court in the county where the decedent resided, unless
482	482	3 the decedent was not a resident of Indiana.
483	483	4 (i) A spouse seeking a judicial determination under subsection
484	484	5 (a)(3)(A) that the decedent and spouse were reconciled before the
485	485	6 decedent's death may petition the court having jurisdiction over
486	486	7 the dissolution or separation proceeding to make this
487	487	8 determination by filing the petition under the same cause number
488	488	9 as the dissolution or separation proceeding. A spouse who files a
489	489	10 petition under this subsection is not required to pay a filing fee.
490	490	11 Sec. 22. (a) Except as provided in subsection (c), an alkaline
491	491	12 hydrolysis authority may not hydrolyze a decedent's human
492	492	13 remains until the authority has received the following information:
493	493	14 (1) An alkaline hydrolysis authorization form provided by the
494	494	15 alkaline hydrolysis authority, signed by an authorizing agent,
495	495	16 that contains the following information:
496	496	17 (A) The identity of the decedent and the time and date of
497	497	18 the decedent's death.
498	498	19 (B) The name of the funeral director who obtained the
499	499	20 alkaline hydrolysis authorization.
500	500	21 (C) The name of the authorizing agent and the relationship
501	501	22 between the authorizing agent and the decedent.
502	502	23 (D) A statement by the authorizing agent that the
503	503	24 authorizing agent:
504	504	25 (i) has the right to authorize the performance of alkaline
505	505	26 hydrolysis on the human remains;
506	506	27 (ii) is not aware of any individual who has a superior
507	507	28 priority right to that of the authorizing agent; or
508	508	29 (iii) is unable to contact an individual who has a superior
509	509	30 priority right to that of the authorizing agent and has no
510	510	31 reason to believe that the individual would object to the
511	511	32 performance of alkaline hydrolysis on the human
512	512	33 remains.
513	513	34 (E) Authorization for the alkaline hydrolysis authority to
514	514	35 hydrolyze the human remains.
515	515	36 (F) The name of the:
516	516	37 (i) funeral director authorized to receive the hydrolyzed
517	517	38 remains from the alkaline hydrolysis authority; or
518	518	39 (ii) if the alkaline hydrolysis facility is on cemetery
519	519	40 property, the cemetery authorized to receive the
520	520	41 hydrolyzed remains.
521	521	42 (G) The manner in which disposition of the hydrolyzed
522	522	2024 IN 1217—LS 7001/DI 150 13
523	523	1 remains is to take place, if known. If the alkaline
524	524	2 hydrolysis authorization form does not specify disposition
525	525	3 in a grave, niche, or scattering area, the authorization
526	526	4 form may indicate the following:
527	527	5 (i) That the hydrolyzed remains will be held by the
528	528	6 alkaline hydrolysis authority for not longer than thirty
529	529	7 (30) days after the date on which alkaline hydrolysis
530	530	8 occurs and will then be released to the funeral director
531	531	9 or funeral home of record.
532	532	10 (ii) That the funeral director or funeral home of record
533	533	11 will hold the hydrolyzed remains for not longer than
534	534	12 sixty (60) days after the date on which alkaline
535	535	13 hydrolysis occurs and, if the authorizing agent fails to
536	536	14 claim the hydrolyzed remains during the sixty (60) day
537	537	15 period, will dispose of the hydrolyzed remains as
538	538	16 previously authorized or, if there is no previous
539	539	17 authorization, in any legal manner.
540	540	18 (H) A statement confirming the identity of valuables and
541	541	19 prosthetics that belonged to the decedent and are currently
542	542	20 held by the funeral director or the funeral home.
543	543	21 (I) A statement prohibiting the alkaline hydrolysis
544	544	22 authority from selling nonorganic material recovered from
545	545	23 the decedent's human remains.
546	546	24 (J) A statement of whether the authorizing agent has made
547	547	25 specific arrangements for a:
548	548	26 (i) viewing of the decedent's human remains; or
549	549	27 (ii) service with the decedent's human remains present;
550	550	28 before the performance of alkaline hydrolysis.
551	551	29 (K) If a viewing or service is planned, a statement of:
552	552	30 (i) the date and time of the viewing or service; and
553	553	31 (ii) whether the alkaline hydrolysis authority is
554	554	32 authorized to proceed with alkaline hydrolysis upon
555	555	33 receipt of the decedent's human remains.
556	556	34 (L) The signature of the authorizing agent, attesting to the
557	557	35 accuracy of all representations contained on the alkaline
558	558	36 hydrolysis authorization form.
559	559	37 (2) A completed and executed burial transit permit provided
560	560	38 by the local health officer to the funeral director indicating
561	561	39 the use of alkaline hydrolysis on the human remains.
562	562	40 (3) A copy of:
563	563	41 (A) except as provided in subsection (c), the completed and
564	564	42 executed certificate of death; or
565	565	2024 IN 1217—LS 7001/DI 150 14
566	566	1 (B) a release for alkaline hydrolysis by the coroner if an
567	567	2 investigation of the circumstances of the decedent's death
568	568	3 came under the authority of the coroner.
569	569	4 A release described in clause (B) does not constitute an
570	570	5 alkaline hydrolysis authorization.
571	571	6 (b) The funeral director who obtains an alkaline hydrolysis
572	572	7 authorization form shall do the following:
573	573	8 (1) Sign the alkaline hydrolysis authorization form required
574	574	9 by subsection (a)(1).
575	575	10 (2) Certify to the alkaline hydrolysis authority that the human
576	576	11 remains delivered by the alkaline hydrolysis authority are the
577	577	12 human remains identified by the authorizing agent on the
578	578	13 alkaline hydrolysis authorization form.
579	579	14 (3) Execute the alkaline hydrolysis authorization form as a
580	580	15 witness.
581	581	16 The funeral director is not responsible for representations made by
582	582	17 the authorizing agent unless the funeral director has actual
583	583	18 knowledge of a false or inaccurate representation.
584	584	19 (c) If:
585	585	20 (1) a decedent died in another state;
586	586	21 (2) the decedent's human remains are transported to Indiana
587	587	22 by:
588	588	23 (A) a licensed funeral director; or
589	589	24 (B) the agent of a licensed funeral director;
590	590	25 for the purpose of performance of alkaline hydrolysis at an
591	591	26 alkaline hydrolysis facility that is located in Indiana;
592	592	27 (3) the disposition of the decedent's hydrolyzed remains
593	593	28 occurs in another state; and
594	594	29 (4) the funeral director or funeral director's agent obtains the
595	595	30 documents required for alkaline hydrolysis by the state in
596	596	31 which the decedent's death occurred;
597	597	32 a death certificate is not required for the performance of alkaline
598	598	33 hydrolysis on the decedent's human remains.
599	599	34 Sec. 23. (a) If the authorizing agent is not able to execute an
600	600	35 alkaline hydrolysis authorization form in person, the authorizing
601	601	36 agent may delegate the authority to another individual in writing,
602	602	37 including a facsimile transmission, telegram, or other electronic
603	603	38 transmission.
604	604	39 (b) A written delegation of authority of an authorizing agent
605	605	40 permitted by subsection (a) must include:
606	606	41 (1) the authorizing agent's:
607	607	42 (A) name;
608	608	2024 IN 1217—LS 7001/DI 150 15
609	609	1 (B) address; and
610	610	2 (C) relationship to the decedent; and
611	611	3 (2) the name and address of the individual to whom the
612	612	4 authorizing agent's authority is delegated.
613	613	5 (c) An individual to whom the authorizing agent's authority is
614	614	6 delegated under subsections (a) and (b) may serve as the
615	615	7 authorizing agent and execute an alkaline hydrolysis authorization
616	616	8 form.
617	617	9 (d) An alkaline hydrolysis authority is not liable for action
618	618	10 arising out of the alkaline hydrolysis authority's reliance on an
619	619	11 alkaline hydrolysis authorization form.
620	620	12 Sec. 24. (a) The authorizing agent who signs an alkaline
621	621	13 hydrolysis authorization form certifies that the facts on the
622	622	14 alkaline hydrolysis authorization form are true and that the
623	623	15 authorizing agent has authority to order the alkaline hydrolysis.
624	624	16 (b) The authorizing agent who signs an alkaline hydrolysis
625	625	17 authorization form is personally liable for damages resulting from
626	626	18 authorizing the alkaline hydrolysis.
627	627	19 (c) An authorizing agent is responsible for the disposition of a
628	628	20 decedent's hydrolyzed remains.
629	629	21 Sec. 25. (a) Except as provided in section 28 of this chapter, an
630	630	22 alkaline hydrolysis authority may perform alkaline hydrolysis on
631	631	23 human remains upon receipt of an alkaline hydrolysis
632	632	24 authorization form signed by an authorizing agent.
633	633	25 (b) In the absence of gross negligence or noncompliance with
634	634	26 this chapter, an alkaline hydrolysis authority is not liable for:
635	635	27 (1) performing alkaline hydrolysis; or
636	636	28 (2) releasing or disposing of hydrolyzed remains;
637	637	29 in accordance with an alkaline hydrolysis authorization form.
638	638	30 Sec. 26. (a) After an authorizing agent has executed an alkaline
639	639	31 hydrolysis authorization form, the authorizing agent may revoke
640	640	32 the authorization and instruct the alkaline hydrolysis authority to:
641	641	33 (1) cancel the alkaline hydrolysis; and
642	642	34 (2) release or deliver the human remains to another alkaline
643	643	35 hydrolysis authority or a funeral home.
644	644	36 (b) A revocation and instruction described in subsection (a)
645	645	37 must be provided to the alkaline hydrolysis authority in writing.
646	646	38 (c) If an alkaline hydrolysis authority receives a revocation and
647	647	39 instruction described in this section before beginning the alkaline
648	648	40 hydrolysis of the human remains, the hydrolysis authority shall
649	649	41 comply with the revocation and instruction.
650	650	42 Sec. 27. (a) An alkaline hydrolysis authority shall furnish a
651	651	2024 IN 1217—LS 7001/DI 150 16
652	652	1 receipt to the funeral director or the funeral director's agent who
653	653	2 delivers human remains to the alkaline hydrolysis authority. The
654	654	3 receipt must:
655	655	4 (1) be signed by both the:
656	656	5 (A) alkaline hydrolysis authority; and
657	657	6 (B) funeral director or funeral director's agent who
658	658	7 delivers the human remains; and
659	659	8 (2) contain the following information:
660	660	9 (A) The name of the decedent.
661	661	10 (B) The date and time of the delivery.
662	662	11 (C) The name of the:
663	663	12 (i) individual from whom the human remains were
664	664	13 received by the alkaline hydrolysis authority; and
665	665	14 (ii) funeral home or other entity with which the
666	666	15 individual is affiliated.
667	667	16 (D) The name of the individual who receives the human
668	668	17 remains on behalf of the alkaline hydrolysis authority.
669	669	18 (E) The type of container in which the human remains
670	670	19 were delivered.
671	671	20 (b) The alkaline hydrolysis authority shall retain a copy of the
672	672	21 receipt required by this section in the alkaline hydrolysis
673	673	22 authority's permanent records.
674	674	23 Sec. 28. (a) An alkaline hydrolysis authority may not do the
675	675	24 following:
676	676	25 (1) Require that human remains be placed in a casket before,
677	677	26 or for the performance of, alkaline hydrolysis.
678	678	27 (2) Refuse to accept unembalmed human remains for alkaline
679	679	28 hydrolysis on the basis of the lack of embalming.
680	680	29 (3) Accept a casket or an alternative container on which there
681	681	30 is evidence of the leakage of body fluids.
682	682	31 (b) If human remains are not delivered to an alkaline hydrolysis
683	683	32 facility in a casket, the human remains must be in an alternative
684	684	33 container or single use human remains pouch that:
685	685	34 (1) is made of a consumable material;
686	686	35 (2) may be closed adequately to provide a complete covering
687	687	36 for the human remains;
688	688	37 (3) is resistant to leakage or spillage;
689	689	38 (4) may be handled with ease; and
690	690	39 (5) provides protection for the health, safety, and personal
691	691	40 integrity of alkaline hydrolysis facility personnel.
692	692	41 Sec. 29. (a) Alkaline hydrolysis may not be performed on human
693	693	42 remains less than forty-eight (48) hours after the time of death
694	694	2024 IN 1217—LS 7001/DI 150 17
695	695	1 indicated on the medical certificate of death or the coroner's
696	696	2 certificate unless:
697	697	3 (1) the earlier performance of alkaline hydrolysis is approved
698	698	4 in writing by the health officer of the city or county where the
699	699	5 death occurred; or
700	700	6 (2) the:
701	701	7 (A) decedent died in another state; and
702	702	8 (B) decedent's human remains are transported to Indiana
703	703	9 by:
704	704	10 (i) a licensed funeral director; or
705	705	11 (ii) the agent of a licensed funeral director; and
706	706	12 (C) funeral director or funeral director's agent obtains the
707	707	13 documents required for alkaline hydrolysis by the state in
708	708	14 which the decedent's death occurred.
709	709	15 (b) Except as provided in subsection (a), unless the alkaline
710	710	16 hydrolysis authority has received specific instructions to the
711	711	17 contrary on the alkaline hydrolysis authorization form, an alkaline
712	712	18 hydrolysis authority may schedule the performance of alkaline
713	713	19 hydrolysis at the alkaline hydrolysis authority's convenience at any
714	714	20 time after the human remains have been delivered to the alkaline
715	715	21 hydrolysis authority.
716	716	22 Sec. 30. An alkaline hydrolysis authority may not use alkaline
717	717	23 hydrolysis for human remains if the alkaline hydrolysis authority
718	718	24 has actual knowledge that the human remains contain a material
719	719	25 or implant that may be potentially hazardous to the individual
720	720	26 performing the alkaline hydrolysis.
721	721	27 Sec. 31. (a) An alkaline hydrolysis authority may not perform
722	722	28 the simultaneous alkaline hydrolysis of the human remains of more
723	723	29 than one (1) decedent within the same alkaline hydrolysis chamber
724	724	30 unless the alkaline hydrolysis authority has obtained the prior
725	725	31 written consent of the authorizing agent of each decedent and the
726	726	32 alkaline hydrolysis chamber is constructed to care for more than
727	727	33 one (1) deceased human remains.
728	728	34 (b) Subsection (a) does not apply to performing the alkaline
729	729	35 hydrolysis process in caring for multiple fetal remains received
730	730	36 from a health care institution in compliance with IC 16-34-3-4.
731	731	37 (c) Subsection (a) does not prohibit the:
732	732	38 (1) simultaneous performance of alkaline hydrolysis within
733	733	39 one (1) alkaline hydrolysis chamber of body parts delivered to
734	734	40 the alkaline hydrolysis authority from multiple sources; or
735	735	41 (2) use of alkaline hydrolysis equipment that contains more
736	736	42 than one (1) alkaline hydrolysis chamber.
737	737	2024 IN 1217—LS 7001/DI 150 18
738	738	1 Sec. 32. If all hydrolyzed remains recovered after performance
739	739	2 of alkaline hydrolysis do not fit in the container that has been
740	740	3 selected, the alkaline hydrolysis authority shall place the additional
741	741	4 hydrolyzed remains in a separate container and return both
742	742	5 containers to the funeral director or funeral home for return to the
743	743	6 authorizing agent.
744	744	7 Sec. 33. (a) Upon the release of hydrolyzed remains, an alkaline
745	745	8 hydrolysis authority shall furnish a receipt to the individual who
746	746	9 receives the hydrolyzed remains from the alkaline hydrolysis
747	747	10 authority.
748	748	11 (b) A receipt required by subsection (a) must:
749	749	12 (1) be signed by both the alkaline hydrolysis authority and the
750	750	13 individual who receives the hydrolyzed remains; and
751	751	14 (2) contain the following information:
752	752	15 (A) The name of the decedent.
753	753	16 (B) The date and time of the release.
754	754	17 (C) The name of the individual who received the
755	755	18 hydrolyzed remains and the name of the funeral home,
756	756	19 cemetery, or other entity with which the individual is
757	757	20 affiliated.
758	758	21 (D) The name of the individual who released the
759	759	22 hydrolyzed remains on behalf of the alkaline hydrolysis
760	760	23 authority.
761	761	24 (c) The alkaline hydrolysis authority shall retain a copy of the
762	762	25 receipt required by this section in the alkaline hydrolysis
763	763	26 authority's permanent records.
764	764	27 Sec. 34. An alkaline hydrolysis authority shall maintain at the
765	765	28 alkaline hydrolysis authority's place of business a permanent
766	766	29 record of each alkaline hydrolysis that is performed at the alkaline
767	767	30 hydrolysis facility. The record must contain the name of the
768	768	31 decedent and the date of the alkaline hydrolysis.
769	769	32 Sec. 35. An alkaline hydrolysis authority shall maintain a record
770	770	33 of all hydrolyzed remains:
771	771	34 (1) for which disposition occurs on the alkaline hydrolysis
772	772	35 authority's property; or
773	773	36 (2) that have been properly transferred to a cemetery and for
774	774	37 which the cemetery has issued a receipt acknowledging the
775	775	38 cemetery's receipt of the hydrolyzed remains.
776	776	39 Sec. 36. (a) Hydrolyzed remains may be shipped only by a
777	777	40 method that has an internal tracing system that provides a receipt
778	778	41 signed by the individual accepting delivery of the hydrolyzed
779	779	42 remains.
780	780	2024 IN 1217—LS 7001/DI 150 19
781	781	1 (b) An alkaline hydrolysis authority shall maintain an
782	782	2 identification system that ensures that the alkaline hydrolysis
783	783	3 authority is able to identify the human remains in the alkaline
784	784	4 hydrolysis authority's possession throughout all phases of alkaline
785	785	5 hydrolysis.
786	786	6 Sec. 37. An authorizing agent is responsible for determining
787	787	7 disposition of hydrolyzed remains in accordance with sections 38
788	788	8 and 39 of this chapter. A funeral director is not liable for an act of
789	789	9 an authorizing agent.
790	790	10 Sec. 38. An alkaline hydrolysis authority shall:
791	791	11 (1) obtain federal, state, and local permits governing the
792	792	12 disposal of any liquid substance remaining after the
793	793	13 performance of alkaline hydrolysis; and
794	794	14 (2) dispose of any liquid substance remaining after the
795	795	15 performance of alkaline hydrolysis in compliance with any
796	796	16 federal, state, and local requirements governing the disposal
797	797	17 of the liquid substance.
798	798	18 Sec. 39. (a) Hydrolyzed remains may be:
799	799	19 (1) retained by the individual having legal control over the
800	800	20 hydrolyzed remains; or
801	801	21 (2) disposed of as follows:
802	802	22 (A) By placing the hydrolyzed remains in a grave, niche, or
803	803	23 crypt.
804	804	24 (B) By scattering the hydrolyzed remains in a scattering
805	805	25 area.
806	806	26 (C) If the hydrolyzed remains are reduced to a particle size
807	807	27 of one-eighth (1/8) inch or less, by scattering the
808	808	28 hydrolyzed remains on the property of a consenting owner,
809	809	29 on uninhabited public land, or on a waterway.
810	810	30 (b) In the absence of federal or local requirements for the
811	811	31 disposal of hydrolyzed remains, the hydrolyzed remains may be
812	812	32 discharged into the sanitary sewer or wastewater treatment of the
813	813	33 alkaline hydrolysis facility. The liquid substance shall not be
814	814	34 recovered to be repurposed, sold, or provided to any person.
815	815	35 (c) The Indiana department of health shall adopt forms on
816	816	36 which to record the following information concerning disposition
817	817	37 of hydrolyzed remains on the property of a consenting owner
818	818	38 described in subsection (a)(2)(C):
819	819	39 (1) The date and manner of the disposition of the hydrolyzed
820	820	40 remains.
821	821	41 (2) The legal description of the property where the disposition
822	822	42 occurs.
823	823	2024 IN 1217—LS 7001/DI 150 20
824	824	1 (d) The owner of the property described in subsection (c) and
825	825	2 the authorizing agent shall complete and attest to the accuracy of
826	826	3 the information on the forms described in subsection (c).
827	827	4 (e) The owner of the property described in subsection (c) shall:
828	828	5 (1) record the forms completed under subsection (c) with the
829	829	6 county recorder of the county in which the property is
830	830	7 located; and
831	831	8 (2) return the completed forms and the burial transit permit
832	832	9 within ten (10) days after the hydrolyzed remains are
833	833	10 disposed.
834	834	11 Sec. 40. (a) After completion of alkaline hydrolysis, if an alkaline
835	835	12 hydrolysis authority existing on cemetery property has not been
836	836	13 instructed to arrange for the disposition of the hydrolyzed remains,
837	837	14 the alkaline hydrolysis authority shall deliver the hydrolyzed
838	838	15 remains to the funeral director of record not later than thirty (30)
839	839	16 days after the date on which the alkaline hydrolysis occurs. The
840	840	17 delivery must be made in person or by registered mail.
841	841	18 (b) An alkaline hydrolysis authority that delivers hydrolyzed
842	842	19 remains as described in subsection (a) is discharged from any legal
843	843	20 obligation or liability concerning disposition of the hydrolyzed
844	844	21 remains.
845	845	22 (c) If the alkaline hydrolysis authorization form that applies to
846	846	23 hydrolyzed remains that are returned to a funeral director of
847	847	24 record as described in subsection (a) does not specify the manner
848	848	25 of disposition of the hydrolyzed remains in a grave, niche, or
849	849	26 scattering area, the funeral director shall, in observance of
850	850	27 religious practices or preferences specified by the authorizing
851	851	28 agent:
852	852	29 (1) hold the hydrolyzed remains for not longer than sixty (60)
853	853	30 days after the date on which alkaline hydrolysis occurred; and
854	854	31 (2) if the authorizing agent fails to claim the hydrolyzed
855	855	32 remains during the sixty (60) day period, dispose of the
856	856	33 hydrolyzed remains in any legal manner.
857	857	34 (d) If the funeral director described in subsection (c) sends
858	858	35 written notice by certified mail return receipt requested to the
859	859	36 authorizing agent that explains the intention of the funeral home
860	860	37 regarding the holding or disposal of the hydrolyzed remains, the
861	861	38 funeral director is not liable in any action brought in connection
862	862	39 with the funeral director's actions performed in compliance with
863	863	40 this section.
864	864	41 Sec. 41. (a) Except with the express written permission of the
865	865	42 authorizing agent, an individual shall not do the following:
866	866	2024 IN 1217—LS 7001/DI 150 21
867	867	1 (1) Unless the hydrolyzed remains are scattered, dispose of the
868	868	2 hydrolyzed remains in a manner or location that commingles
869	869	3 the hydrolyzed remains with the hydrolyzed remains of
870	870	4 another individual.
871	871	5 (2) Place the hydrolyzed remains of more than one (1)
872	872	6 individual in the same container or urn.
873	873	7 (b) Any temporary container that is used to hold hydrolyzed
874	874	8 remains must be:
875	875	9 (1) composed of cardboard, plastic, or a similar material;
876	876	10 (2) designed to be secured to prevent leakage or spillage of the
877	877	11 hydrolyzed remains or entrance of foreign material; and
878	878	12 (3) a single container of sufficient size to hold the hydrolyzed
879	879	13 remains.
880	880	14 Sec. 42. An alkaline hydrolysis authority that:
881	881	15 (1) has received an executed alkaline hydrolysis authorization
882	882	16 form and any additional documentation required by section
883	883	17 22 of this chapter; and
884	884	18 (2) performs alkaline hydrolysis in accordance with this
885	885	19 chapter;
886	886	20 is not liable for civil damages arising from the performance of
887	887	21 alkaline hydrolysis on the human remains designated by the
888	888	22 alkaline hydrolysis authorization form.
889	889	23 Sec. 43. (a) An alkaline hydrolysis authority is not required to
890	890	24 accept human remains for alkaline hydrolysis.
891	891	25 (b) If an alkaline hydrolysis authority refuses to accept human
892	892	26 remains because the alkaline hydrolysis authority:
893	893	27 (1) is aware of a dispute concerning the use of alkaline
894	894	28 hydrolysis on the human remains;
895	895	29 (2) has a reasonable basis on which to question a
896	896	30 representation made by the authorizing agent; or
897	897	31 (3) has another lawful reason;
898	898	32 the alkaline hydrolysis authority is not liable for civil damages
899	899	33 related to the alkaline hydrolysis authority's refusal to accept the
900	900	34 human remains or perform alkaline hydrolysis until the alkaline
901	901	35 hydrolysis receives a court order or other suitable confirmation
902	902	36 that the reason described in subdivision (1), (2), or (3) is resolved.
903	903	37 Sec. 44. (a) If an alkaline hydrolysis authority is aware of a
904	904	38 dispute concerning the release or disposition of hydrolyzed
905	905	39 remains, the alkaline hydrolysis authority shall release the
906	906	40 hydrolyzed remains to the funeral director or funeral home until
907	907	41 the dispute has been resolved.
908	908	42 (b) An alkaline hydrolysis authority is not liable for refusing to
909	909	2024 IN 1217—LS 7001/DI 150 22
910	910	1 release or dispose of hydrolyzed remains in accordance with this
911	911	2 section.
912	912	3 Sec. 45. (a) An alkaline hydrolysis authority is not responsible
913	913	4 or liable for prosthetic devices or valuables delivered to the
914	914	5 alkaline hydrolysis authority with or integral to human remains,
915	915	6 unless the alkaline hydrolysis authority has received written
916	916	7 information under section 22(a)(1)(H) or 22(a)(1)(I) of this chapter.
917	917	8 (b) An alkaline hydrolysis authority may not sell or donate any
918	918	9 nonorganic material identified in this section obtained as a result
919	919	10 of alkaline hydrolysis or from the hydrolyzed remains, without
920	920	11 written instruction provided on the alkaline hydrolysis
921	921	12 authorization form and signed consent from the authorizing agent.
922	922	13 Sec. 46. A cemetery is not liable for hydrolyzed remains that are
923	923	14 dumped, scattered, or otherwise deposited at the cemetery in
924	924	15 violation of this chapter if the action is taken without the cemetery
925	925	16 owner's consent.
926	926	17 Sec. 47. (a) An individual who knowingly or intentionally:
927	927	18 (1) performs alkaline hydrolysis without receipt of an alkaline
928	928	19 hydrolysis authorization form signed by an authorizing agent;
929	929	20 (2) signs an alkaline hydrolysis authorization form that the
930	930	21 individual knows contains false or incorrect information; or
931	931	22 (3) violates an alkaline hydrolysis procedure under sections 28
932	932	23 through 31 of this chapter;
933	933	24 commits a Level 6 felony.
934	934	25 (b) An alkaline hydrolysis authority that knowingly represents
935	935	26 to an authorizing agent or the authorizing agent's designee that a
936	936	27 temporary container or urn contains the hydrolyzed remains of a
937	937	28 specific decedent when the temporary container or urn does not
938	938	29 contain the specific decedent's hydrolyzed remains commits a
939	939	30 Level 6 felony.
940	940	31 (c) An individual:
941	941	32 (1) who recklessly, knowingly, or intentionally:
942	942	33 (A) professes to the public to be an alkaline hydrolysis
943	943	34 authority; or
944	944	35 (B) operates a building or structure in Indiana as an
945	945	36 alkaline hydrolysis facility;
946	946	37 without being registered under this chapter; or
947	947	38 (2) who recklessly, knowingly, or intentionally fails to file an
948	948	39 annual report required under section 19 of this chapter;
949	949	40 commits a Class A misdemeanor.
950	950	41 Sec. 48. If an alkaline hydrolysis authority:
951	951	42 (1) refuses to file or neglects to file an annual report under
952	952	2024 IN 1217—LS 7001/DI 150 23
953	953	1 section 19 of this chapter;
954	954	2 (2) fails to comply with the registration requirements under
955	955	3 this chapter; or
956	956	4 (3) refuses to comply with the record inspection requirements
957	957	5 under section 20 of this chapter;
958	958	6 the board may maintain an action in the name of the state to enjoin
959	959	7 the alkaline hydrolysis authority from performing alkaline
960	960	8 hydrolysis.
961	961	9 SECTION 5. IC 25-15-11 IS ADDED TO THE INDIANA CODE
962	962	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
963	963	11 JANUARY 1, 2025]:
964	964	12 Chapter 11. Alkaline Hydrolysis
965	965	13 Sec. 1. The definitions in IC 23-14-31.5 apply throughout this
966	966	14 chapter.
967	967	15 Sec. 2. (a) Before January 1, 2025, the board shall adopt rules
968	968	16 under IC 4-22-2 concerning alkaline hydrolysis, including the
969	969	17 following:
970	970	18 (1) Regulation of alkaline hydrolysis facilities containing
971	971	19 equipment designed for alkaline hydrolysis of human remains.
972	972	20 (2) Regulation of alkaline hydrolysis chambers.
973	973	21 (3) Regulation of the pulverizing of bone fragments to an
974	974	22 unidentifiable dimension after alkaline hydrolysis.
975	975	23 (4) Setting standards for disposition of hydrolyzed remains
976	976	24 that result from pulverization, where the hydrolyzed remains
977	977	25 are reduced to unidentifiable dimensions.
978	978	26 (5) Setting standards for:
979	979	27 (A) the dignified transportation of human remains for
980	980	28 alkaline hydrolysis;
981	981	29 (B) any equipment or container used in alkaline
982	982	30 hydrolysis; and
983	983	31 (C) the disposal of hydrolyzed remains.
984	984	32 (6) Exclusive use of any chamber, container, or other
985	985	33 equipment used in alkaline hydrolysis of human remains.
986	986	34 (7) Supervision of alkaline hydrolysis by a funeral director
987	987	35 who is licensed under this article.
988	988	36 (b) The board may adopt rules under IC 4-22-2 to implement
989	989	37 IC 23-14-31.5.
990	990	38 SECTION 6. IC 29-2-16.1-15, AS ADDED BY P.L.147-2007,
991	991	39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
992	992	40 JANUARY 1, 2025]: Sec. 15. (a) When a hospital refers an individual
993	993	41 at or near death to a procurement organization, the organization shall
994	994	42 make a reasonable search of the records of:
995	995	2024 IN 1217—LS 7001/DI 150 24
996	996	1 (1) the bureau of motor vehicles;
997	997	2 (2) the equivalent agency to the bureau of motor vehicles in
998	998	3 another state;
999	999	4 (3) the Indiana donor registry; and
1000	1000	5 (4) any other registry that the organization knows exists for the
1001	1001	6 geographical area in which the individual resides to ascertain
1002	1002	7 whether the individual has made an anatomical gift.
1003	1003	8 (b) A procurement organization must be allowed reasonable access
1004	1004	9 to information in the records of the bureau of motor vehicles to
1005	1005	10 ascertain whether an individual at or near death is a donor.
1006	1006	11 (c) When a hospital refers an individual at or near death to a
1007	1007	12 procurement organization, the organization may conduct any
1008	1008	13 reasonable examination necessary to ensure the medical suitability of
1009	1009	14 a part that is or could be the subject of an anatomical gift for
1010	1010	15 transplantation, therapy, research, or education from a donor or a
1011	1011	16 prospective donor. During the examination period, measures necessary
1012	1012	17 to ensure the medical suitability of the part may not be withdrawn
1013	1013	18 unless the hospital or procurement organization knows that the
1014	1014	19 individual expressed a contrary intent.
1015	1015	20 (d) Unless prohibited by law other than this chapter, at any time
1016	1016	21 after a donor's death, the person to whom a part passes under section 10
1017	1017	22 of this chapter may conduct any reasonable examination necessary to
1018	1018	23 ensure the medical suitability of the body or part for its intended
1019	1019	24 purpose.
1020	1020	25 (e) Unless prohibited by law other than this chapter, an examination
1021	1021	26 under subsection (c) or (d) may include an examination of all medical
1022	1022	27 and dental records of the donor or prospective donor.
1023	1023	28 (f) Upon the death of a minor who was a donor or had signed a
1024	1024	29 refusal, unless a procurement organization knows the minor is
1025	1025	30 emancipated, the procurement organization shall conduct a reasonable
1026	1026	31 search for the parents of the minor and provide the parents with an
1027	1027	32 opportunity to revoke or amend the anatomical gift or revoke the
1028	1028	33 refusal.
1029	1029	34 (g) Upon referral by a hospital under subsection (a), a procurement
1030	1030	35 organization shall make a reasonable search for any person listed in
1031	1031	36 section 8 of this chapter having priority to make an anatomical gift on
1032	1032	37 behalf of a prospective donor. If a procurement organization receives
1033	1033	38 information that an anatomical gift to any other person was made,
1034	1034	39 amended, or revoked, it shall promptly advise the other person of all
1035	1035	40 relevant information.
1036	1036	41 (h) Subject to section 10(i) of this chapter, IC 36-2-14-21, and
1037	1037	42 IC 36-2-14-22.6, the rights of the person to whom a part passes under
1038	1038	2024 IN 1217—LS 7001/DI 150 25
1039	1039	1 section 10 of this chapter are superior to the rights of all others with
1040	1040	2 respect to the part, including a part from a person whose death within
1041	1041	3 a hospital is under investigation by a coroner. The person may accept
1042	1042	4 or reject an anatomical gift in whole or in part. Subject to the terms of
1043	1043	5 the document of gift and this chapter, a person who accepts an
1044	1044	6 anatomical gift of an entire body may allow embalming, burial, or
1045	1045	7 cremation, or alkaline hydrolysis, and use of remains in a funeral
1046	1046	8 service. If the gift is of a part, the person to which the part passes under
1047	1047	9 section 10 of this chapter, upon the death of the donor and before
1048	1048	10 embalming, burial, or cremation, or alkaline hydrolysis, shall cause
1049	1049	11 the part to be removed without unnecessary mutilation.
1050	1050	12 (i) Neither the physician who attends the decedent at death nor the
1051	1051	13 physician who determines the time of the decedent's death may
1052	1052	14 participate in the procedures for removing or transplanting a part from
1053	1053	15 the decedent.
1054	1054	16 (j) A physician or technician may remove a donated part from the
1055	1055	17 body of a donor that the physician or technician is qualified to remove.
1056	1056	18 SECTION 7. IC 34-30-2.1-325.5 IS ADDED TO THE INDIANA
1057	1057	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1058	1058	20 [EFFECTIVE JANUARY 1, 2025]: Sec. 325.5. (a) IC 23-14-31.5-21
1059	1059	21 (Concerning an alkaline hydrolysis authority's refusal to accept
1060	1060	22 human remains).
1061	1061	23 (b) IC 23-14-31.5-23 (Concerning alkaline hydrolysis of human
1062	1062	24 remains).
1063	1063	25 (c) IC 23-14-31.5-25 (Concerning alkaline hydrolysis of human
1064	1064	26 remains).
1065	1065	27 (d) IC 23-14-31.5-40 (Concerning the disposition of human
1066	1066	28 remains by an alkaline hydrolysis authority).
1067	1067	29 (e) IC 23-14-31.5-42 (Concerning the alkaline hydrolysis of
1068	1068	30 human remains).
1069	1069	31 (f) IC 23-14-31.5-43 (Concerning an alkaline hydrolysis
1070	1070	32 authority's refusal to accept human remains).
1071	1071	33 (g) IC 23-14-31.5-44 (Concerning the release or disposition of
1072	1072	34 human remains).
1073	1073	35 (h) IC 23-14-31.5-45 (Concerning alkaline hydrolysis of human
1074	1074	36 remains).
1075	1075	37 (i) IC 23-14-31.5-46 (Concerning the disposition of human
1076	1076	38 remains).
1077	1077	39 SECTION 8. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
1078	1078	40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1079	1079	41 JANUARY 1, 2025]: Sec. 3. (a) Except as provided in subsection (i),
1080	1080	42 (j), (l), or (m), in addition to any sentence imposed under this article for
1081	1081	2024 IN 1217—LS 7001/DI 150 26
1082	1082	1 a felony or misdemeanor, the court may, as a condition of probation or
1083	1083	2 without placing the person on probation, order the person to make
1084	1084	3 restitution to the victim of the crime, the victim's estate, or the family
1085	1085	4 of a victim who is deceased. The court shall base its restitution order
1086	1086	5 upon a consideration of:
1087	1087	6 (1) property damages of the victim incurred as a result of the
1088	1088	7 crime, based on the actual cost of repair (or replacement if repair
1089	1089	8 is inappropriate);
1090	1090	9 (2) medical and hospital costs incurred by the victim (before the
1091	1091	10 date of sentencing) as a result of the crime;
1092	1092	11 (3) the cost of medical laboratory tests to determine if the crime
1093	1093	12 has caused the victim to contract a disease or other medical
1094	1094	13 condition;
1095	1095	14 (4) earnings lost by the victim (before the date of sentencing) as
1096	1096	15 a result of the crime including earnings lost while the victim was
1097	1097	16 hospitalized or participating in the investigation or trial of the
1098	1098	17 crime; and
1099	1099	18 (5) funeral, burial, or cremation, or alkaline hydrolysis costs
1100	1100	19 incurred by the family or estate of a homicide victim as a result of
1101	1101	20 the crime.
1102	1102	21 (b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
1103	1103	22 judgment lien that:
1104	1104	23 (1) attaches to the property of the person subject to the order;
1105	1105	24 (2) may be perfected;
1106	1106	25 (3) may be enforced to satisfy any payment that is delinquent
1107	1107	26 under the restitution order by the person in whose favor the order
1108	1108	27 is issued or the person's assignee; and
1109	1109	28 (4) expires;
1110	1110	29 in the same manner as a judgment lien created in a civil proceeding.
1111	1111	30 (c) When a restitution order is issued under subsection (a), the
1112	1112	31 issuing court may order the person to pay the restitution, or part of the
1113	1113	32 restitution, directly to:
1114	1114	33 (1) the victim services division of the Indiana criminal justice
1115	1115	34 institute in an amount not exceeding:
1116	1116	35 (A) the amount of the award, if any, paid to the victim under
1117	1117	36 IC 5-2-6.1; and
1118	1118	37 (B) the cost of the reimbursements, if any, for emergency
1119	1119	38 services provided to the victim under IC 16-10-1.5 (before its
1120	1120	39 repeal) or IC 16-21-8; or
1121	1121	40 (2) a probation department that shall forward restitution or part of
1122	1122	41 restitution to:
1123	1123	42 (A) a victim of a crime;
1124	1124	2024 IN 1217—LS 7001/DI 150 27
1125	1125	1 (B) a victim's estate; or
1126	1126	2 (C) the family of a victim who is deceased.
1127	1127	3 The victim services division of the Indiana criminal justice institute
1128	1128	4 shall deposit the restitution it receives under this subsection in the
1129	1129	5 violent crime victims compensation fund established by IC 5-2-6.1-40.
1130	1130	6 (d) When a restitution order is issued under subsection (a), (i), (j),
1131	1131	7 (l), or (m), the issuing court shall send a certified copy of the order to
1132	1132	8 the clerk of the circuit court in the county where the felony or
1133	1133	9 misdemeanor charge was filed. The restitution order must include the
1134	1134	10 following information:
1135	1135	11 (1) The name and address of the person that is to receive the
1136	1136	12 restitution.
1137	1137	13 (2) The amount of restitution the person is to receive.
1138	1138	14 Upon receiving the order, the clerk shall enter and index the order in
1139	1139	15 the circuit court judgment docket in the manner prescribed by
1140	1140	16 IC 33-32-3-2. The clerk shall also notify the department of insurance
1141	1141	17 of an order of restitution under subsection (i).
1142	1142	18 (e) An order of restitution under subsection (a), (i), (j), (l), or (m)
1143	1143	19 does not bar a civil action for:
1144	1144	20 (1) damages that the court did not require the person to pay to the
1145	1145	21 victim under the restitution order but arise from an injury or
1146	1146	22 property damage that is the basis of restitution ordered by the
1147	1147	23 court; and
1148	1148	24 (2) other damages suffered by the victim.
1149	1149	25 (f) Regardless of whether restitution is required under subsection (a)
1150	1150	26 as a condition of probation or other sentence, the restitution order is not
1151	1151	27 discharged by the completion of any probationary period or other
1152	1152	28 sentence imposed for a felony or misdemeanor.
1153	1153	29 (g) A restitution order under subsection (a), (i), (j), (l), or (m) is not
1154	1154	30 discharged by the liquidation of a person's estate by a receiver under
1155	1155	31 IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
1156	1156	32 IC 34-1-12, or IC 34-2-7 before their repeal).
1157	1157	33 (h) The attorney general may pursue restitution ordered by the court
1158	1158	34 under subsections (a) and (c) on behalf of the victim services division
1159	1159	35 of the Indiana criminal justice institute established under IC 5-2-6-8.
1160	1160	36 (i) The court may order the person convicted of an offense under
1161	1161	37 IC 35-43-9 to make restitution to the victim of the crime. The court
1162	1162	38 shall base its restitution order upon a consideration of the amount of
1163	1163	39 money that the convicted person converted, misappropriated, or
1164	1164	40 received, or for which the convicted person conspired. The restitution
1165	1165	41 order issued for a violation of IC 35-43-9 must comply with
1166	1166	42 subsections (b), (d), (e), and (g), and is not discharged by the
1167	1167	2024 IN 1217—LS 7001/DI 150 28
1168	1168	1 completion of any probationary period or other sentence imposed for
1169	1169	2 a violation of IC 35-43-9.
1170	1170	3 (j) The court may order the person convicted of an offense under
1171	1171	4 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
1172	1172	5 victim's estate, or the family of a victim who is deceased. The court
1173	1173	6 shall base its restitution order upon a consideration of the amount of
1174	1174	7 fraud or harm caused by the convicted person and any reasonable
1175	1175	8 expenses (including lost wages) incurred by the victim in correcting the
1176	1176	9 victim's credit report and addressing any other issues caused by the
1177	1177	10 commission of the offense under IC 35-43-5-3.5. If, after a person is
1178	1178	11 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
1179	1179	12 estate, or the family of a victim discovers or incurs additional expenses
1180	1180	13 that result from the convicted person's commission of the offense under
1181	1181	14 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
1182	1182	15 to require the convicted person to make restitution, even if the court
1183	1183	16 issued a restitution order at the time of sentencing. For purposes of
1184	1184	17 entering a restitution order after sentencing, a court has continuing
1185	1185	18 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
1186	1186	19 for five (5) years after the date of sentencing. Each restitution order
1187	1187	20 issued for a violation of IC 35-43-5-3.5 must comply with subsections
1188	1188	21 (b), (d), (e), and (g), and is not discharged by the completion of any
1189	1189	22 probationary period or other sentence imposed for an offense under
1190	1190	23 IC 35-43-5-3.5.
1191	1191	24 (k) The court shall order a person convicted of an offense under
1192	1192	25 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
1193	1193	26 equal to the greater of the following:
1194	1194	27 (1) The gross income or value to the person of the victim's labor
1195	1195	28 or services.
1196	1196	29 (2) The value of the victim's labor as guaranteed under the
1197	1197	30 minimum wage and overtime provisions of:
1198	1198	31 (A) the federal Fair Labor Standards Act of 1938, as amended
1199	1199	32 (29 U.S.C. 201-209); or
1200	1200	33 (B) IC 22-2-2 (Minimum Wage);
1201	1201	34 whichever is greater.
1202	1202	35 (l) The court shall order a person who:
1203	1203	36 (1) is convicted of dealing in methamphetamine under
1204	1204	37 IC 35-48-4-1.1 or manufacturing methamphetamine under
1205	1205	38 IC 35-48-4-1.2; and
1206	1206	39 (2) manufactured the methamphetamine on property owned by
1207	1207	40 another person, without the consent of the property owner;
1208	1208	41 to pay liquidated damages to the property owner in the amount of ten
1209	1209	42 thousand dollars ($10,000) or to pay actual damages to the property
1210	1210	2024 IN 1217—LS 7001/DI 150 29
1211	1211	1 owner, including lost rent and the costs of decontamination by a
1212	1212	2 qualified inspector certified under IC 16-19-3.1.
1213	1213	3 (m) The court shall order a person who:
1214	1214	4 (1) is convicted of dealing in marijuana under
1215	1215	5 IC 35-48-4-10(a)(1)(A); and
1216	1216	6 (2) manufactured the marijuana on property owned by another
1217	1217	7 person, without the consent of the property owner;
1218	1218	8 to pay liquidated damages to the property owner in the amount of two
1219	1219	9 thousand dollars ($2,000).
1220	1220	10 SECTION 9. IC 35-52-23-6.5 IS ADDED TO THE INDIANA
1221	1221	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
1222	1222	12 [EFFECTIVE JANUARY 1, 2025]: Sec. 6.5. IC 23-14-31.5-47 defines
1223	1223	13 crimes concerning alkaline hydrolysis.
1224	1224	14 SECTION 10. IC 36-2-14-16, AS AMENDED BY P.L.2-2007,
1225	1225	15 SECTION 385, IS AMENDED TO READ AS FOLLOWS
1226	1226	16 [EFFECTIVE JANUARY 1, 2025]: Sec. 16. (a) This section applies to
1227	1227	17 each county having a population of more than four hundred thousand
1228	1228	18 (400,000).
1229	1229	19 (b) For purposes of this section, a body is unclaimed if:
1230	1230	20 (1) a person cannot be located to take custody of the body; or
1231	1231	21 (2) there is a person to take custody of the body, but that person
1232	1232	22 cannot or will not assume financial responsibility for disposition
1233	1233	23 of the body.
1234	1234	24 (c) Except as provided in IC 21-44-2, the coroner may order the
1235	1235	25 burial, or cremation, or alkaline hydrolysis of any unclaimed body left
1236	1236	26 in the coroner's custody.
1237	1237	27 (d) If the deceased died without leaving money or other means
1238	1238	28 necessary to defray the funeral expenses, the coroner may contract with
1239	1239	29 a funeral director licensed under IC 25-15 to dispose of the body. The
1240	1240	30 necessary and reasonable expenses for disposing of the body shall be
1241	1241	31 paid by the county auditor upon the order of the coroner.
1242	1242	2024 IN 1217—LS 7001/DI 150