Introduced Version
HOUSE BILL No. 1217
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6.1; IC 12-20-16-12; IC 23-14-31.5;
IC 25-15-11; IC 29-2-16.1-15; IC 34-30-2.1-325.5; IC 35-50-5-3;
IC 35-52-23-6.5; IC 36-2-14-16.
Synopsis: Alkaline hydrolysis. Provides for alkaline hydrolysis as a
means for the dissolution of human remains. Requires the state board
of funeral and cemetery service to adopt rules governing the operation
of alkaline hydrolysis facilities. Adds alkaline hydrolysis to
cross-references that allow for burial or cremation.
Effective: January 1, 2025.
Genda
January 9, 2024, read first time and referred to Committee on Public Health.
2024 IN 1217—LS 7001/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1217
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6.1-15, AS AMENDED BY P.L.129-2009,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2025]: Sec. 15. (a) If a victim of a violent crime dies as
4 a result of the crime, the division may pay the reasonable expenses
5 incurred for funeral, burial, or cremation, or alkaline hydrolysis.
6 (b) The division shall adopt guidelines to determine when the
7 payment of expenses under subsection (a) is appropriate. In adopting
8 guidelines under this subsection, the division shall consider the
9 availability of other sources of compensation, including township
10 assistance and federal programs.
11 SECTION 2. IC 5-2-6.1-21.1, AS AMENDED BY THE
12 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JANUARY 1, 2025]: Sec. 21.1. (a) This section applies to claims filed
15 with the division after June 30, 2009.
16 (b) This subsection section does not apply to reimbursement for
17 forensic and evidence gathering services provided under section 39 of
2024 IN 1217—LS 7001/DI 150 2
1 this chapter.
2 (c) An award may not be made unless the claimant has incurred an
3 out-of-pocket loss of at least one hundred dollars ($100).
4 (d) Subject to subsections (b) and (c), the division may order the
5 payment of compensation under this chapter for any of the following:
6 (1) Reasonable expenses incurred within one hundred eighty
7 (180) days after the date of the violent crime for necessary:
8 (A) medical, chiropractic, hospital, dental, optometric, and
9 ambulance services;
10 (B) prescription drugs; and
11 (C) prosthetic devices;
12 that do not exceed the claimant's out-of-pocket loss.
13 (2) Loss of income:
14 (A) the victim would have earned had the victim not died or
15 been injured, if the victim was employed at the time of the
16 violent crime; or
17 (B) the parent, guardian, or custodian of a victim who is less
18 than eighteen (18) years of age incurred by taking time off
19 from work to care for the victim.
20 A claimant seeking reimbursement under this subdivision must
21 provide the division with proof of employment and current wages.
22 (3) Reasonable emergency shelter care expenses, not to exceed
23 the expenses for thirty (30) days, that are incurred for the claimant
24 or a dependent of the claimant to avoid contact with a person who
25 committed the violent crime.
26 (4) Reasonable expense incurred for child care, not to exceed one
27 thousand dollars ($1,000), to replace child care the victim would
28 have supplied had the victim not died or been injured.
29 (5) Loss of financial support the victim would have supplied to
30 legal dependents had the victim not died or been injured.
31 (6) Documented expenses incurred for funeral, burial, or
32 cremation, or alkaline hydrolysis of the victim that do not
33 exceed five thousand dollars ($5,000). The division shall disburse
34 compensation under this subdivision in accordance with
35 guidelines adopted by the division.
36 (7) Outpatient mental health counseling, not to exceed three
37 thousand dollars ($3,000), concerning mental health issues related
38 to the violent crime.
39 (8) Other actual expenses related to bodily injury to or the death
40 of the victim that the division determines are reasonable.
41 (9) Replacement of windows or door locks.
42 (10) Cleanup of the scene of a violent crime.
2024 IN 1217—LS 7001/DI 150 3
1 (e) If a health care provider accepts payment from the division
2 under this chapter, the health care provider may not require the victim
3 to pay a copayment or an additional fee for the provision of services.
4 (f) A health care provider who seeks compensation from the
5 division under this chapter may not simultaneously seek funding for
6 services provided to a victim from any other source.
7 (g) The director may extend the one hundred eighty (180) day
8 compensation period established by subsection (d)(1) for a period not
9 to exceed two (2) years after the date of the violent crime if:
10 (1) the victim or the victim's representative requests the
11 extension; and
12 (2) medical records and other documentation provided by the
13 attending medical providers indicate that an extension is
14 appropriate.
15 (h) The director may extend the one hundred eighty (180) day
16 compensation period established by subsection (d)(1) for outpatient
17 mental health counseling, established by subsection (d)(7), if the
18 victim:
19 (1) was allegedly a victim of a sex crime (under IC 35-42-4) or
20 incest (under IC 35-46-1-3);
21 (2) was under eighteen (18) years of age at the time of the alleged
22 crime; and
23 (3) did not reveal the crime within two (2) years after the date of
24 the alleged crime.
25 SECTION 3. IC 12-20-16-12, AS AMENDED BY P.L.56-2023,
26 SECTION 125, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JANUARY 1, 2025]: Sec. 12. (a) This section does not
28 apply if the county coroner assumes jurisdiction of an unclaimed body
29 under IC 36-2-14-16.
30 (b) If:
31 (1) an individual dies in a township without leaving:
32 (A) money;
33 (B) real or personal property;
34 (C) other assets that may be liquidated; or
35 (D) other means necessary to defray funeral expenses; and
36 (2) the individual is not a resident of another township in Indiana;
37 the township trustee, as administrator of township assistance, shall
38 provide a person to superintend and authorize either the funeral and
39 burial, or cremation, or alkaline hydrolysis of the deceased individual.
40 If the township trustee determines that the deceased individual is a
41 resident of another township in Indiana, the township trustee shall
42 notify the trustee of that township, who shall then provide a person to
2024 IN 1217—LS 7001/DI 150 4
1 superintend and authorize either the funeral and burial, or cremation,
2 or alkaline hydrolysis of the deceased individual.
3 (c) The necessary and reasonable expenses of the funeral and burial,
4 or cremation, or alkaline hydrolysis, including a burial plot, shall be
5 paid in the same manner as other claims for township assistance. A
6 trustee shall determine the cost for the items and services required by
7 law for the funeral and burial of an individual, including a burial plot,
8 and for the cremation or alkaline hydrolysis of an individual, and
9 include in the township's township assistance standards the maximum
10 funeral and burial, or cremation, or alkaline hydrolysis amount to be
11 paid from township assistance funds. The trustee may deduct from the
12 maximum amount the following:
13 (1) Any monetary benefits that the deceased individual is entitled
14 to receive from a state or federal program.
15 (2) Any money that another person provides on behalf of the
16 deceased individual.
17 (d) If an individual described in subsection (b) is a resident of a
18 state institution at the time of the individual's death, the division that
19 has administrative control of the state institution shall reimburse the
20 township trustee for the necessary and reasonable expenses of the
21 funeral and burial, or cremation, or alkaline hydrolysis of the
22 deceased individual. The township trustee shall submit to the division
23 that has administrative control of the state institution an itemized claim
24 for reimbursement of the necessary and reasonable funeral and burial,
25 or cremation, or alkaline hydrolysis expenses incurred by the
26 township trustee.
27 (e) If an individual described in subsection (b) is a resident of a
28 special institution governed by IC 16-33 at the time of the individual's
29 death, the Indiana department of health shall reimburse the township
30 trustee for the necessary and reasonable expenses of the funeral and
31 burial, or cremation, or alkaline hydrolysis of the deceased individual.
32 The township trustee shall submit to the Indiana department of health
33 an itemized claim for reimbursement of the necessary and reasonable
34 funeral and burial, or cremation, or alkaline hydrolysis expenses
35 incurred by the township trustee.
36 (f) A township trustee who provides funeral and burial, or
37 cremation, or alkaline hydrolysis benefits to a deceased individual is
38 entitled to a first priority claim, to the extent of the cost of the funeral
39 and burial, or cremation, or alkaline hydrolysis benefits paid by the
40 township trustee, against any money or other personal property held by
41 the coroner under IC 36-2-14-11.
42 (g) The township trustee may not cremate a deceased individual if:
2024 IN 1217—LS 7001/DI 150 5
1 (1) the deceased individual; or
2 (2) a surviving family member of the deceased individual;
3 has objected in writing to cremation.
4 (h) If a township trustee provides a funeral under this section, the
5 cost of the funeral may not be more than the cost of the least expensive
6 funeral, including any necessary merchandise and embalming,
7 available from the funeral director under the funeral director's price list
8 disclosed to the Federal Trade Commission.
9 SECTION 4. IC 23-14-31.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JANUARY 1, 2025]:
12 Chapter 31.5. Alkaline Hydrolysis
13 Sec. 1. As used in this chapter, "alkaline hydrolysis" means the
14 dissolution of human remains by:
15 (1) placing the human remains in water and a chemical
16 solution that includes:
17 (A) potassium hydroxide;
18 (B) sodium hydroxide; or
19 (C) a combination of potassium hydroxide and sodium
20 hydroxide; and
21 (2) introducing heat;
22 to break down the human remains to only bone fragments that may
23 be pulverized and a liquid substance.
24 Sec. 2. As used in this chapter, "alkaline hydrolysis authority"
25 means the:
26 (1) legal entity; or
27 (2) legal entity's authorized representative;
28 that is registered under this chapter to operate an alkaline
29 hydrolysis facility.
30 Sec. 3. As used in this chapter, "alkaline hydrolysis chamber"
31 means an enclosed vessel that:
32 (1) is specifically created for alkaline hydrolysis; and
33 (2) is able to be completely sealed during alkaline hydrolysis.
34 Sec. 4. As used in this chapter, "alkaline hydrolysis facility"
35 means a structure in which human remains undergo, or are
36 intended to undergo, alkaline hydrolysis.
37 Sec. 5. As used in this chapter, "authorizing agent" means an
38 individual who is legally entitled to order the alkaline hydrolysis
39 and disposition of specific human remains.
40 Sec. 6. As used in this chapter, "board" means the state board
41 of funeral and cemetery service established by IC 25-15-9-1.
42 Sec. 7. As used in this chapter, "body part" means:
2024 IN 1217—LS 7001/DI 150 6
1 (1) a limb or other part of the human anatomy that is
2 removed for:
3 (A) medical purposes;
4 (B) treatment;
5 (C) surgery;
6 (D) biopsy;
7 (E) autopsy; or
8 (F) medical research; or
9 (2) a human body or part of a human body that has been
10 donated for medical research.
11 Sec. 8. As used in this chapter, "burial transit permit" means a
12 permit for the:
13 (1) disposal of a deceased human body under IC 16-37-3-10;
14 and
15 (2) transportation of a deceased human body under
16 IC 16-37-3-12.
17 Sec. 9. As used in this chapter, "cold storage facility" means a
18 structure, a part of a structure, or a fixture that:
19 (1) can temporarily hold a minimum of three (3) deceased
20 human bodies awaiting the process of alkaline hydrolysis; and
21 (2) is capable of maintaining an interior temperature of 40
22 degrees Fahrenheit while loaded with the maximum number
23 of bodies for which the cold storage facility is designed.
24 Sec. 10. As used in this chapter, "disposition" means the:
25 (1) interment of hydrolyzed remains in the earth in an
26 established cemetery;
27 (2) interment of recovered hydrolyzed remains in a
28 mausoleum or columbarium;
29 (3) burial or scattering of hydrolyzed remains on the property
30 of a consenting owner, on uninhabited public land, or on a
31 waterway;
32 (4) burial or scattering of hydrolyzed remains at sea; or
33 (5) disposal of hydrolyzed remains in another manner.
34 Sec. 11. As used in this chapter, "funeral director" means an
35 individual who is licensed under IC 25-15.
36 Sec. 12. As used in this chapter, "human remains" means the
37 body or a part of the body of a human being, including a human
38 body or body part that has undergone alkaline hydrolysis.
39 Sec. 13. As used in this chapter, "hydrolyze" means to perform
40 alkaline hydrolysis.
41 Sec. 14. (a) As used in this chapter, "hydrolyzed remains"
42 means all human remains recovered after the completion of
2024 IN 1217—LS 7001/DI 150 7
1 alkaline hydrolysis, including the residue of any foreign materials,
2 dental work, or eyeglasses that were with the human remains when
3 alkaline hydrolysis was conducted.
4 (b) The term does not include the following:
5 (1) A prosthetic.
6 (2) A medical device.
7 (3) Any liquid substance remaining after alkaline hydrolysis.
8 Sec. 15. As used in this chapter, "scattering" means the
9 disposition of hydrolyzed remains by removing the hydrolyzed
10 remains from any container and doing one (1) of the following:
11 (1) Placing the hydrolyzed remains on the surface of soil or
12 ground cover.
13 (2) Placing the hydrolyzed remains at sea.
14 (3) Releasing the hydrolyzed remains in the air.
15 Sec. 16. As used in this chapter, "scattering area" means a
16 designated area on dedicated cemetery property where hydrolyzed
17 remains may be scattered.
18 Sec. 17. As used in this chapter, "urn" means a container
19 designed to encase hydrolyzed remains.
20 Sec. 18. (a) A person, a corporation, a limited liability company,
21 a partnership, or any other business entity that is registered under
22 this section may erect, maintain, and operate an alkaline hydrolysis
23 facility.
24 (b) To register to erect, maintain, or operate an alkaline
25 hydrolysis facility, an applicant must complete an application for
26 registration as an alkaline hydrolysis authority on a form furnished
27 by the board that contains the following information:
28 (1) The name and address of the applicant as follows:
29 (A) If the applicant is an individual, the full name and
30 address, including both residential and business addresses,
31 of the applicant.
32 (B) If the applicant is a partnership, the full name and
33 address of each partner.
34 (C) If the applicant is a limited liability company, the full
35 name and address of each manager and member.
36 (D) If the applicant is a corporation, the name and address
37 of each officer, director, and shareholder holding at least
38 twenty-five percent (25%) of the corporation's stock.
39 (2) Any other information the board reasonably requires.
40 (c) In order to register to erect, maintain, or operate an alkaline
41 hydrolysis facility, an applicant must maintain a cold storage
42 facility at the alkaline hydrolysis facility.
2024 IN 1217—LS 7001/DI 150 8
1 (d) An alkaline hydrolysis authority shall obtain all necessary
2 licenses and permits from appropriate local, state, or federal
3 agencies.
4 (e) An alkaline hydrolysis authority shall not advertise or carry
5 out alkaline hydrolysis before January 1, 2025.
6 Sec. 19. (a) An alkaline hydrolysis authority shall, not later than
7 ninety (90) days after the end of the alkaline hydrolysis authority's
8 fiscal year, file an annual report with the board, including:
9 (1) any changes to the information required by this chapter;
10 or
11 (2) a statement indicating that no changes have occurred.
12 (b) If the fiscal year of an alkaline hydrolysis authority is not the
13 calendar year, the alkaline hydrolysis authority shall file the
14 annual report with the board not more than seventy-five (75) days
15 after the end of the alkaline hydrolysis authority's fiscal year.
16 (c) If an alkaline hydrolysis authority files a written request for
17 an extension and demonstrates good cause for the extension, the
18 board shall grant an extension of not more than sixty (60) days for
19 filing the annual report.
20 (d) If an alkaline hydrolysis authority fails to submit an annual
21 report to the board within the time specified in subsection (b) or
22 (c), then the board may take any of the actions permitted under
23 IC 25-15-9.
24 Sec. 20. Upon reasonable notice, the board may inspect all
25 records related to an alkaline hydrolysis authority's registration
26 and annual report required by this chapter.
27 Sec. 21. (a) Except as provided in subsection (c), the following
28 persons, in the priority listed, have the right to serve as an
29 authorizing agent:
30 (1) A person:
31 (A) granted the authority to serve in a funeral planning
32 declaration executed by the decedent under IC 29-2-19; or
33 (B) named in a United States Department of Defense form
34 "Record of Emergency Data" (DD Form 93) or a successor
35 form adopted by the United States Department of Defense,
36 if the decedent died while serving in any branch of the
37 United States Armed Forces (as defined in 10 U.S.C. 1481)
38 and completed the form.
39 (2) An individual specifically granted the authority to serve in
40 a power of attorney or a health care power of attorney
41 executed by the decedent under IC 30-5-5-16 or a health care
42 representative under IC 16-36-7.
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1 (3) The individual who was the spouse of the decedent at the
2 time of the decedent's death, except when:
3 (A) a petition to dissolve the marriage or for legal
4 separation of the decedent and spouse is pending with a
5 court at the time of the decedent's death, unless a court
6 finds that the decedent and spouse were reconciled before
7 the decedent's death; or
8 (B) a court determines the decedent and spouse were
9 physically and emotionally separated at the time of death
10 and the separation was for an extended time that clearly
11 demonstrates an absence of due affection, trust, and regard
12 for the decedent.
13 (4) The decedent's surviving adult child or, if more than one
14 (1) adult child is surviving, the majority of the adult children.
15 However, less than half of the surviving adult children have
16 the rights under this subdivision if the adult children have
17 used reasonable efforts to notify the other surviving adult
18 children of their intentions and are not aware of any
19 opposition to the final disposition instructions by more than
20 half of the surviving adult children.
21 (5) The decedent's surviving parent or parents. If one (1) of
22 the parents is absent, the parent who is present has authority
23 under this subdivision if the parent who is present has used
24 reasonable efforts to notify the absent parent.
25 (6) The decedent's surviving sibling or, if more than one (1)
26 sibling is surviving, the majority of the surviving siblings.
27 However, less than half of the surviving siblings have the
28 rights under this subdivision if the siblings have used
29 reasonable efforts to notify the other surviving siblings of
30 their intentions and are not aware of any opposition to the
31 final disposition instructions by more than half of the
32 surviving siblings.
33 (7) A guardian appointed by a court under IC 29-3-5-3.
34 (8) The individual in the next degree of kinship under
35 IC 29-1-2-1 to inherit the estate of the decedent or, if more
36 than one (1) individual of the same degree is surviving, the
37 majority of those who are of the same degree. However, less
38 than half of the individuals who are of the same degree of
39 kinship have the rights under this subdivision if they have
40 used reasonable efforts to notify the other individuals who are
41 of the same degree of kinship of their intentions and are not
42 aware of any opposition to the final disposition instructions by
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1 more than half of the individuals who are of the same degree
2 of kinship.
3 (9) If none of the persons described in subdivisions (1)
4 through (8) are available, or willing, to act and arrange for
5 the final disposition of the decedent's remains, a stepchild (as
6 defined in IC 6-4.1-1-3(f)) of the decedent or, if more than one
7 (1) stepchild survives the decedent, then a majority of the
8 surviving stepchildren. However, less than half of the
9 surviving stepchildren have the rights under this subdivision
10 if they have used reasonable efforts to notify the other
11 stepchildren of their intentions and are not aware of any
12 opposition to the final disposition instructions by more than
13 half of the stepchildren.
14 (10) The person appointed to administer the decedent's estate
15 under IC 29-1.
16 (11) If none of the persons described in subdivisions (1)
17 through (10) are available, any other person willing to act and
18 arrange for the final disposition of the decedent's remains,
19 including a funeral home that:
20 (A) has a valid prepaid funeral plan executed under
21 IC 30-2-13 that makes arrangements for the disposition of
22 the decedent's remains; and
23 (B) attests in writing that a good faith effort has been made
24 to contact any living individuals described in subdivisions
25 (1) through (10).
26 (12) In the case of an indigent or other individual whose final
27 disposition is the responsibility of the state or township, the
28 following may serve as the authorizing agent:
29 (A) If none of the persons identified in subdivisions (1)
30 through (11) are available:
31 (i) a public administrator, including a responsible
32 township trustee or the trustee's designee; or
33 (ii) the coroner.
34 (B) A state appointed guardian.
35 However, an indigent decedent may not be cremated if a
36 surviving family member objects to the cremation or if
37 cremation would be contrary to the religious practices of the
38 deceased individual as expressed by the individual or the
39 individual's family.
40 (13) In the absence of any person under subdivisions (1)
41 through (12), any person willing to assume the responsibility
42 as the authorizing agent, as specified in this article.
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1 (b) When a body part of a nondeceased individual is to be
2 cremated, a representative of the institution that has arranged with
3 the crematory authority to cremate the body part may serve as the
4 authorizing agent.
5 (c) If:
6 (1) the death of the decedent appears to have been the result
7 of:
8 (A) murder (IC 35-42-1-1);
9 (B) voluntary manslaughter (IC 35-42-1-3); or
10 (C) another criminal act, if the death does not result from
11 the operation of a vehicle; and
12 (2) the coroner, in consultation with the law enforcement
13 agency investigating the death of the decedent, determines
14 that there is a reasonable suspicion that a person described in
15 subsection (a) committed the offense;
16 the person referred to in subdivision (2) may not serve as the
17 authorizing agent.
18 (d) The coroner, in consultation with the law enforcement
19 agency investigating the death of the decedent, shall inform the
20 crematory authority of the determination referred to in subsection
21 (c)(2).
22 (e) If a person vested with a right under subsection (a) does not
23 exercise that right not later than seventy-two (72) hours after the
24 person receives notification of the death of the decedent, the person
25 forfeits the person's right to determine the final disposition of the
26 decedent's remains, and the right to determine final disposition
27 passes to the next person described in subsection (a).
28 (f) A crematory authority owner has the right to rely, in good
29 faith, on the representations of a person listed in subsection (a) that
30 any other individuals of the same degree of kinship have been
31 notified of the final disposition instructions.
32 (g) If there is a dispute concerning the disposition of a
33 decedent's remains, a crematory authority is not liable for refusing
34 to accept the remains of the decedent until the crematory authority
35 receives:
36 (1) a court order; or
37 (2) a written agreement signed by the disputing parties;
38 that determines the final disposition of the decedent's remains. If
39 a crematory authority agrees to shelter the remains of the decedent
40 while the parties are in dispute, the crematory authority may
41 collect any applicable fees for storing the remains, including legal
42 fees that are incurred.
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1 (h) Any cause of action filed under this section must be filed in
2 the probate court in the county where the decedent resided, unless
3 the decedent was not a resident of Indiana.
4 (i) A spouse seeking a judicial determination under subsection
5 (a)(3)(A) that the decedent and spouse were reconciled before the
6 decedent's death may petition the court having jurisdiction over
7 the dissolution or separation proceeding to make this
8 determination by filing the petition under the same cause number
9 as the dissolution or separation proceeding. A spouse who files a
10 petition under this subsection is not required to pay a filing fee.
11 Sec. 22. (a) Except as provided in subsection (c), an alkaline
12 hydrolysis authority may not hydrolyze a decedent's human
13 remains until the authority has received the following information:
14 (1) An alkaline hydrolysis authorization form provided by the
15 alkaline hydrolysis authority, signed by an authorizing agent,
16 that contains the following information:
17 (A) The identity of the decedent and the time and date of
18 the decedent's death.
19 (B) The name of the funeral director who obtained the
20 alkaline hydrolysis authorization.
21 (C) The name of the authorizing agent and the relationship
22 between the authorizing agent and the decedent.
23 (D) A statement by the authorizing agent that the
24 authorizing agent:
25 (i) has the right to authorize the performance of alkaline
26 hydrolysis on the human remains;
27 (ii) is not aware of any individual who has a superior
28 priority right to that of the authorizing agent; or
29 (iii) is unable to contact an individual who has a superior
30 priority right to that of the authorizing agent and has no
31 reason to believe that the individual would object to the
32 performance of alkaline hydrolysis on the human
33 remains.
34 (E) Authorization for the alkaline hydrolysis authority to
35 hydrolyze the human remains.
36 (F) The name of the:
37 (i) funeral director authorized to receive the hydrolyzed
38 remains from the alkaline hydrolysis authority; or
39 (ii) if the alkaline hydrolysis facility is on cemetery
40 property, the cemetery authorized to receive the
41 hydrolyzed remains.
42 (G) The manner in which disposition of the hydrolyzed
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1 remains is to take place, if known. If the alkaline
2 hydrolysis authorization form does not specify disposition
3 in a grave, niche, or scattering area, the authorization
4 form may indicate the following:
5 (i) That the hydrolyzed remains will be held by the
6 alkaline hydrolysis authority for not longer than thirty
7 (30) days after the date on which alkaline hydrolysis
8 occurs and will then be released to the funeral director
9 or funeral home of record.
10 (ii) That the funeral director or funeral home of record
11 will hold the hydrolyzed remains for not longer than
12 sixty (60) days after the date on which alkaline
13 hydrolysis occurs and, if the authorizing agent fails to
14 claim the hydrolyzed remains during the sixty (60) day
15 period, will dispose of the hydrolyzed remains as
16 previously authorized or, if there is no previous
17 authorization, in any legal manner.
18 (H) A statement confirming the identity of valuables and
19 prosthetics that belonged to the decedent and are currently
20 held by the funeral director or the funeral home.
21 (I) A statement prohibiting the alkaline hydrolysis
22 authority from selling nonorganic material recovered from
23 the decedent's human remains.
24 (J) A statement of whether the authorizing agent has made
25 specific arrangements for a:
26 (i) viewing of the decedent's human remains; or
27 (ii) service with the decedent's human remains present;
28 before the performance of alkaline hydrolysis.
29 (K) If a viewing or service is planned, a statement of:
30 (i) the date and time of the viewing or service; and
31 (ii) whether the alkaline hydrolysis authority is
32 authorized to proceed with alkaline hydrolysis upon
33 receipt of the decedent's human remains.
34 (L) The signature of the authorizing agent, attesting to the
35 accuracy of all representations contained on the alkaline
36 hydrolysis authorization form.
37 (2) A completed and executed burial transit permit provided
38 by the local health officer to the funeral director indicating
39 the use of alkaline hydrolysis on the human remains.
40 (3) A copy of:
41 (A) except as provided in subsection (c), the completed and
42 executed certificate of death; or
2024 IN 1217—LS 7001/DI 150 14
1 (B) a release for alkaline hydrolysis by the coroner if an
2 investigation of the circumstances of the decedent's death
3 came under the authority of the coroner.
4 A release described in clause (B) does not constitute an
5 alkaline hydrolysis authorization.
6 (b) The funeral director who obtains an alkaline hydrolysis
7 authorization form shall do the following:
8 (1) Sign the alkaline hydrolysis authorization form required
9 by subsection (a)(1).
10 (2) Certify to the alkaline hydrolysis authority that the human
11 remains delivered by the alkaline hydrolysis authority are the
12 human remains identified by the authorizing agent on the
13 alkaline hydrolysis authorization form.
14 (3) Execute the alkaline hydrolysis authorization form as a
15 witness.
16 The funeral director is not responsible for representations made by
17 the authorizing agent unless the funeral director has actual
18 knowledge of a false or inaccurate representation.
19 (c) If:
20 (1) a decedent died in another state;
21 (2) the decedent's human remains are transported to Indiana
22 by:
23 (A) a licensed funeral director; or
24 (B) the agent of a licensed funeral director;
25 for the purpose of performance of alkaline hydrolysis at an
26 alkaline hydrolysis facility that is located in Indiana;
27 (3) the disposition of the decedent's hydrolyzed remains
28 occurs in another state; and
29 (4) the funeral director or funeral director's agent obtains the
30 documents required for alkaline hydrolysis by the state in
31 which the decedent's death occurred;
32 a death certificate is not required for the performance of alkaline
33 hydrolysis on the decedent's human remains.
34 Sec. 23. (a) If the authorizing agent is not able to execute an
35 alkaline hydrolysis authorization form in person, the authorizing
36 agent may delegate the authority to another individual in writing,
37 including a facsimile transmission, telegram, or other electronic
38 transmission.
39 (b) A written delegation of authority of an authorizing agent
40 permitted by subsection (a) must include:
41 (1) the authorizing agent's:
42 (A) name;
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1 (B) address; and
2 (C) relationship to the decedent; and
3 (2) the name and address of the individual to whom the
4 authorizing agent's authority is delegated.
5 (c) An individual to whom the authorizing agent's authority is
6 delegated under subsections (a) and (b) may serve as the
7 authorizing agent and execute an alkaline hydrolysis authorization
8 form.
9 (d) An alkaline hydrolysis authority is not liable for action
10 arising out of the alkaline hydrolysis authority's reliance on an
11 alkaline hydrolysis authorization form.
12 Sec. 24. (a) The authorizing agent who signs an alkaline
13 hydrolysis authorization form certifies that the facts on the
14 alkaline hydrolysis authorization form are true and that the
15 authorizing agent has authority to order the alkaline hydrolysis.
16 (b) The authorizing agent who signs an alkaline hydrolysis
17 authorization form is personally liable for damages resulting from
18 authorizing the alkaline hydrolysis.
19 (c) An authorizing agent is responsible for the disposition of a
20 decedent's hydrolyzed remains.
21 Sec. 25. (a) Except as provided in section 28 of this chapter, an
22 alkaline hydrolysis authority may perform alkaline hydrolysis on
23 human remains upon receipt of an alkaline hydrolysis
24 authorization form signed by an authorizing agent.
25 (b) In the absence of gross negligence or noncompliance with
26 this chapter, an alkaline hydrolysis authority is not liable for:
27 (1) performing alkaline hydrolysis; or
28 (2) releasing or disposing of hydrolyzed remains;
29 in accordance with an alkaline hydrolysis authorization form.
30 Sec. 26. (a) After an authorizing agent has executed an alkaline
31 hydrolysis authorization form, the authorizing agent may revoke
32 the authorization and instruct the alkaline hydrolysis authority to:
33 (1) cancel the alkaline hydrolysis; and
34 (2) release or deliver the human remains to another alkaline
35 hydrolysis authority or a funeral home.
36 (b) A revocation and instruction described in subsection (a)
37 must be provided to the alkaline hydrolysis authority in writing.
38 (c) If an alkaline hydrolysis authority receives a revocation and
39 instruction described in this section before beginning the alkaline
40 hydrolysis of the human remains, the hydrolysis authority shall
41 comply with the revocation and instruction.
42 Sec. 27. (a) An alkaline hydrolysis authority shall furnish a
2024 IN 1217—LS 7001/DI 150 16
1 receipt to the funeral director or the funeral director's agent who
2 delivers human remains to the alkaline hydrolysis authority. The
3 receipt must:
4 (1) be signed by both the:
5 (A) alkaline hydrolysis authority; and
6 (B) funeral director or funeral director's agent who
7 delivers the human remains; and
8 (2) contain the following information:
9 (A) The name of the decedent.
10 (B) The date and time of the delivery.
11 (C) The name of the:
12 (i) individual from whom the human remains were
13 received by the alkaline hydrolysis authority; and
14 (ii) funeral home or other entity with which the
15 individual is affiliated.
16 (D) The name of the individual who receives the human
17 remains on behalf of the alkaline hydrolysis authority.
18 (E) The type of container in which the human remains
19 were delivered.
20 (b) The alkaline hydrolysis authority shall retain a copy of the
21 receipt required by this section in the alkaline hydrolysis
22 authority's permanent records.
23 Sec. 28. (a) An alkaline hydrolysis authority may not do the
24 following:
25 (1) Require that human remains be placed in a casket before,
26 or for the performance of, alkaline hydrolysis.
27 (2) Refuse to accept unembalmed human remains for alkaline
28 hydrolysis on the basis of the lack of embalming.
29 (3) Accept a casket or an alternative container on which there
30 is evidence of the leakage of body fluids.
31 (b) If human remains are not delivered to an alkaline hydrolysis
32 facility in a casket, the human remains must be in an alternative
33 container or single use human remains pouch that:
34 (1) is made of a consumable material;
35 (2) may be closed adequately to provide a complete covering
36 for the human remains;
37 (3) is resistant to leakage or spillage;
38 (4) may be handled with ease; and
39 (5) provides protection for the health, safety, and personal
40 integrity of alkaline hydrolysis facility personnel.
41 Sec. 29. (a) Alkaline hydrolysis may not be performed on human
42 remains less than forty-eight (48) hours after the time of death
2024 IN 1217—LS 7001/DI 150 17
1 indicated on the medical certificate of death or the coroner's
2 certificate unless:
3 (1) the earlier performance of alkaline hydrolysis is approved
4 in writing by the health officer of the city or county where the
5 death occurred; or
6 (2) the:
7 (A) decedent died in another state; and
8 (B) decedent's human remains are transported to Indiana
9 by:
10 (i) a licensed funeral director; or
11 (ii) the agent of a licensed funeral director; and
12 (C) funeral director or funeral director's agent obtains the
13 documents required for alkaline hydrolysis by the state in
14 which the decedent's death occurred.
15 (b) Except as provided in subsection (a), unless the alkaline
16 hydrolysis authority has received specific instructions to the
17 contrary on the alkaline hydrolysis authorization form, an alkaline
18 hydrolysis authority may schedule the performance of alkaline
19 hydrolysis at the alkaline hydrolysis authority's convenience at any
20 time after the human remains have been delivered to the alkaline
21 hydrolysis authority.
22 Sec. 30. An alkaline hydrolysis authority may not use alkaline
23 hydrolysis for human remains if the alkaline hydrolysis authority
24 has actual knowledge that the human remains contain a material
25 or implant that may be potentially hazardous to the individual
26 performing the alkaline hydrolysis.
27 Sec. 31. (a) An alkaline hydrolysis authority may not perform
28 the simultaneous alkaline hydrolysis of the human remains of more
29 than one (1) decedent within the same alkaline hydrolysis chamber
30 unless the alkaline hydrolysis authority has obtained the prior
31 written consent of the authorizing agent of each decedent and the
32 alkaline hydrolysis chamber is constructed to care for more than
33 one (1) deceased human remains.
34 (b) Subsection (a) does not apply to performing the alkaline
35 hydrolysis process in caring for multiple fetal remains received
36 from a health care institution in compliance with IC 16-34-3-4.
37 (c) Subsection (a) does not prohibit the:
38 (1) simultaneous performance of alkaline hydrolysis within
39 one (1) alkaline hydrolysis chamber of body parts delivered to
40 the alkaline hydrolysis authority from multiple sources; or
41 (2) use of alkaline hydrolysis equipment that contains more
42 than one (1) alkaline hydrolysis chamber.
2024 IN 1217—LS 7001/DI 150 18
1 Sec. 32. If all hydrolyzed remains recovered after performance
2 of alkaline hydrolysis do not fit in the container that has been
3 selected, the alkaline hydrolysis authority shall place the additional
4 hydrolyzed remains in a separate container and return both
5 containers to the funeral director or funeral home for return to the
6 authorizing agent.
7 Sec. 33. (a) Upon the release of hydrolyzed remains, an alkaline
8 hydrolysis authority shall furnish a receipt to the individual who
9 receives the hydrolyzed remains from the alkaline hydrolysis
10 authority.
11 (b) A receipt required by subsection (a) must:
12 (1) be signed by both the alkaline hydrolysis authority and the
13 individual who receives the hydrolyzed remains; and
14 (2) contain the following information:
15 (A) The name of the decedent.
16 (B) The date and time of the release.
17 (C) The name of the individual who received the
18 hydrolyzed remains and the name of the funeral home,
19 cemetery, or other entity with which the individual is
20 affiliated.
21 (D) The name of the individual who released the
22 hydrolyzed remains on behalf of the alkaline hydrolysis
23 authority.
24 (c) The alkaline hydrolysis authority shall retain a copy of the
25 receipt required by this section in the alkaline hydrolysis
26 authority's permanent records.
27 Sec. 34. An alkaline hydrolysis authority shall maintain at the
28 alkaline hydrolysis authority's place of business a permanent
29 record of each alkaline hydrolysis that is performed at the alkaline
30 hydrolysis facility. The record must contain the name of the
31 decedent and the date of the alkaline hydrolysis.
32 Sec. 35. An alkaline hydrolysis authority shall maintain a record
33 of all hydrolyzed remains:
34 (1) for which disposition occurs on the alkaline hydrolysis
35 authority's property; or
36 (2) that have been properly transferred to a cemetery and for
37 which the cemetery has issued a receipt acknowledging the
38 cemetery's receipt of the hydrolyzed remains.
39 Sec. 36. (a) Hydrolyzed remains may be shipped only by a
40 method that has an internal tracing system that provides a receipt
41 signed by the individual accepting delivery of the hydrolyzed
42 remains.
2024 IN 1217—LS 7001/DI 150 19
1 (b) An alkaline hydrolysis authority shall maintain an
2 identification system that ensures that the alkaline hydrolysis
3 authority is able to identify the human remains in the alkaline
4 hydrolysis authority's possession throughout all phases of alkaline
5 hydrolysis.
6 Sec. 37. An authorizing agent is responsible for determining
7 disposition of hydrolyzed remains in accordance with sections 38
8 and 39 of this chapter. A funeral director is not liable for an act of
9 an authorizing agent.
10 Sec. 38. An alkaline hydrolysis authority shall:
11 (1) obtain federal, state, and local permits governing the
12 disposal of any liquid substance remaining after the
13 performance of alkaline hydrolysis; and
14 (2) dispose of any liquid substance remaining after the
15 performance of alkaline hydrolysis in compliance with any
16 federal, state, and local requirements governing the disposal
17 of the liquid substance.
18 Sec. 39. (a) Hydrolyzed remains may be:
19 (1) retained by the individual having legal control over the
20 hydrolyzed remains; or
21 (2) disposed of as follows:
22 (A) By placing the hydrolyzed remains in a grave, niche, or
23 crypt.
24 (B) By scattering the hydrolyzed remains in a scattering
25 area.
26 (C) If the hydrolyzed remains are reduced to a particle size
27 of one-eighth (1/8) inch or less, by scattering the
28 hydrolyzed remains on the property of a consenting owner,
29 on uninhabited public land, or on a waterway.
30 (b) In the absence of federal or local requirements for the
31 disposal of hydrolyzed remains, the hydrolyzed remains may be
32 discharged into the sanitary sewer or wastewater treatment of the
33 alkaline hydrolysis facility. The liquid substance shall not be
34 recovered to be repurposed, sold, or provided to any person.
35 (c) The Indiana department of health shall adopt forms on
36 which to record the following information concerning disposition
37 of hydrolyzed remains on the property of a consenting owner
38 described in subsection (a)(2)(C):
39 (1) The date and manner of the disposition of the hydrolyzed
40 remains.
41 (2) The legal description of the property where the disposition
42 occurs.
2024 IN 1217—LS 7001/DI 150 20
1 (d) The owner of the property described in subsection (c) and
2 the authorizing agent shall complete and attest to the accuracy of
3 the information on the forms described in subsection (c).
4 (e) The owner of the property described in subsection (c) shall:
5 (1) record the forms completed under subsection (c) with the
6 county recorder of the county in which the property is
7 located; and
8 (2) return the completed forms and the burial transit permit
9 within ten (10) days after the hydrolyzed remains are
10 disposed.
11 Sec. 40. (a) After completion of alkaline hydrolysis, if an alkaline
12 hydrolysis authority existing on cemetery property has not been
13 instructed to arrange for the disposition of the hydrolyzed remains,
14 the alkaline hydrolysis authority shall deliver the hydrolyzed
15 remains to the funeral director of record not later than thirty (30)
16 days after the date on which the alkaline hydrolysis occurs. The
17 delivery must be made in person or by registered mail.
18 (b) An alkaline hydrolysis authority that delivers hydrolyzed
19 remains as described in subsection (a) is discharged from any legal
20 obligation or liability concerning disposition of the hydrolyzed
21 remains.
22 (c) If the alkaline hydrolysis authorization form that applies to
23 hydrolyzed remains that are returned to a funeral director of
24 record as described in subsection (a) does not specify the manner
25 of disposition of the hydrolyzed remains in a grave, niche, or
26 scattering area, the funeral director shall, in observance of
27 religious practices or preferences specified by the authorizing
28 agent:
29 (1) hold the hydrolyzed remains for not longer than sixty (60)
30 days after the date on which alkaline hydrolysis occurred; and
31 (2) if the authorizing agent fails to claim the hydrolyzed
32 remains during the sixty (60) day period, dispose of the
33 hydrolyzed remains in any legal manner.
34 (d) If the funeral director described in subsection (c) sends
35 written notice by certified mail return receipt requested to the
36 authorizing agent that explains the intention of the funeral home
37 regarding the holding or disposal of the hydrolyzed remains, the
38 funeral director is not liable in any action brought in connection
39 with the funeral director's actions performed in compliance with
40 this section.
41 Sec. 41. (a) Except with the express written permission of the
42 authorizing agent, an individual shall not do the following:
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1 (1) Unless the hydrolyzed remains are scattered, dispose of the
2 hydrolyzed remains in a manner or location that commingles
3 the hydrolyzed remains with the hydrolyzed remains of
4 another individual.
5 (2) Place the hydrolyzed remains of more than one (1)
6 individual in the same container or urn.
7 (b) Any temporary container that is used to hold hydrolyzed
8 remains must be:
9 (1) composed of cardboard, plastic, or a similar material;
10 (2) designed to be secured to prevent leakage or spillage of the
11 hydrolyzed remains or entrance of foreign material; and
12 (3) a single container of sufficient size to hold the hydrolyzed
13 remains.
14 Sec. 42. An alkaline hydrolysis authority that:
15 (1) has received an executed alkaline hydrolysis authorization
16 form and any additional documentation required by section
17 22 of this chapter; and
18 (2) performs alkaline hydrolysis in accordance with this
19 chapter;
20 is not liable for civil damages arising from the performance of
21 alkaline hydrolysis on the human remains designated by the
22 alkaline hydrolysis authorization form.
23 Sec. 43. (a) An alkaline hydrolysis authority is not required to
24 accept human remains for alkaline hydrolysis.
25 (b) If an alkaline hydrolysis authority refuses to accept human
26 remains because the alkaline hydrolysis authority:
27 (1) is aware of a dispute concerning the use of alkaline
28 hydrolysis on the human remains;
29 (2) has a reasonable basis on which to question a
30 representation made by the authorizing agent; or
31 (3) has another lawful reason;
32 the alkaline hydrolysis authority is not liable for civil damages
33 related to the alkaline hydrolysis authority's refusal to accept the
34 human remains or perform alkaline hydrolysis until the alkaline
35 hydrolysis receives a court order or other suitable confirmation
36 that the reason described in subdivision (1), (2), or (3) is resolved.
37 Sec. 44. (a) If an alkaline hydrolysis authority is aware of a
38 dispute concerning the release or disposition of hydrolyzed
39 remains, the alkaline hydrolysis authority shall release the
40 hydrolyzed remains to the funeral director or funeral home until
41 the dispute has been resolved.
42 (b) An alkaline hydrolysis authority is not liable for refusing to
2024 IN 1217—LS 7001/DI 150 22
1 release or dispose of hydrolyzed remains in accordance with this
2 section.
3 Sec. 45. (a) An alkaline hydrolysis authority is not responsible
4 or liable for prosthetic devices or valuables delivered to the
5 alkaline hydrolysis authority with or integral to human remains,
6 unless the alkaline hydrolysis authority has received written
7 information under section 22(a)(1)(H) or 22(a)(1)(I) of this chapter.
8 (b) An alkaline hydrolysis authority may not sell or donate any
9 nonorganic material identified in this section obtained as a result
10 of alkaline hydrolysis or from the hydrolyzed remains, without
11 written instruction provided on the alkaline hydrolysis
12 authorization form and signed consent from the authorizing agent.
13 Sec. 46. A cemetery is not liable for hydrolyzed remains that are
14 dumped, scattered, or otherwise deposited at the cemetery in
15 violation of this chapter if the action is taken without the cemetery
16 owner's consent.
17 Sec. 47. (a) An individual who knowingly or intentionally:
18 (1) performs alkaline hydrolysis without receipt of an alkaline
19 hydrolysis authorization form signed by an authorizing agent;
20 (2) signs an alkaline hydrolysis authorization form that the
21 individual knows contains false or incorrect information; or
22 (3) violates an alkaline hydrolysis procedure under sections 28
23 through 31 of this chapter;
24 commits a Level 6 felony.
25 (b) An alkaline hydrolysis authority that knowingly represents
26 to an authorizing agent or the authorizing agent's designee that a
27 temporary container or urn contains the hydrolyzed remains of a
28 specific decedent when the temporary container or urn does not
29 contain the specific decedent's hydrolyzed remains commits a
30 Level 6 felony.
31 (c) An individual:
32 (1) who recklessly, knowingly, or intentionally:
33 (A) professes to the public to be an alkaline hydrolysis
34 authority; or
35 (B) operates a building or structure in Indiana as an
36 alkaline hydrolysis facility;
37 without being registered under this chapter; or
38 (2) who recklessly, knowingly, or intentionally fails to file an
39 annual report required under section 19 of this chapter;
40 commits a Class A misdemeanor.
41 Sec. 48. If an alkaline hydrolysis authority:
42 (1) refuses to file or neglects to file an annual report under
2024 IN 1217—LS 7001/DI 150 23
1 section 19 of this chapter;
2 (2) fails to comply with the registration requirements under
3 this chapter; or
4 (3) refuses to comply with the record inspection requirements
5 under section 20 of this chapter;
6 the board may maintain an action in the name of the state to enjoin
7 the alkaline hydrolysis authority from performing alkaline
8 hydrolysis.
9 SECTION 5. IC 25-15-11 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JANUARY 1, 2025]:
12 Chapter 11. Alkaline Hydrolysis
13 Sec. 1. The definitions in IC 23-14-31.5 apply throughout this
14 chapter.
15 Sec. 2. (a) Before January 1, 2025, the board shall adopt rules
16 under IC 4-22-2 concerning alkaline hydrolysis, including the
17 following:
18 (1) Regulation of alkaline hydrolysis facilities containing
19 equipment designed for alkaline hydrolysis of human remains.
20 (2) Regulation of alkaline hydrolysis chambers.
21 (3) Regulation of the pulverizing of bone fragments to an
22 unidentifiable dimension after alkaline hydrolysis.
23 (4) Setting standards for disposition of hydrolyzed remains
24 that result from pulverization, where the hydrolyzed remains
25 are reduced to unidentifiable dimensions.
26 (5) Setting standards for:
27 (A) the dignified transportation of human remains for
28 alkaline hydrolysis;
29 (B) any equipment or container used in alkaline
30 hydrolysis; and
31 (C) the disposal of hydrolyzed remains.
32 (6) Exclusive use of any chamber, container, or other
33 equipment used in alkaline hydrolysis of human remains.
34 (7) Supervision of alkaline hydrolysis by a funeral director
35 who is licensed under this article.
36 (b) The board may adopt rules under IC 4-22-2 to implement
37 IC 23-14-31.5.
38 SECTION 6. IC 29-2-16.1-15, AS ADDED BY P.L.147-2007,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JANUARY 1, 2025]: Sec. 15. (a) When a hospital refers an individual
41 at or near death to a procurement organization, the organization shall
42 make a reasonable search of the records of:
2024 IN 1217—LS 7001/DI 150 24
1 (1) the bureau of motor vehicles;
2 (2) the equivalent agency to the bureau of motor vehicles in
3 another state;
4 (3) the Indiana donor registry; and
5 (4) any other registry that the organization knows exists for the
6 geographical area in which the individual resides to ascertain
7 whether the individual has made an anatomical gift.
8 (b) A procurement organization must be allowed reasonable access
9 to information in the records of the bureau of motor vehicles to
10 ascertain whether an individual at or near death is a donor.
11 (c) When a hospital refers an individual at or near death to a
12 procurement organization, the organization may conduct any
13 reasonable examination necessary to ensure the medical suitability of
14 a part that is or could be the subject of an anatomical gift for
15 transplantation, therapy, research, or education from a donor or a
16 prospective donor. During the examination period, measures necessary
17 to ensure the medical suitability of the part may not be withdrawn
18 unless the hospital or procurement organization knows that the
19 individual expressed a contrary intent.
20 (d) Unless prohibited by law other than this chapter, at any time
21 after a donor's death, the person to whom a part passes under section 10
22 of this chapter may conduct any reasonable examination necessary to
23 ensure the medical suitability of the body or part for its intended
24 purpose.
25 (e) Unless prohibited by law other than this chapter, an examination
26 under subsection (c) or (d) may include an examination of all medical
27 and dental records of the donor or prospective donor.
28 (f) Upon the death of a minor who was a donor or had signed a
29 refusal, unless a procurement organization knows the minor is
30 emancipated, the procurement organization shall conduct a reasonable
31 search for the parents of the minor and provide the parents with an
32 opportunity to revoke or amend the anatomical gift or revoke the
33 refusal.
34 (g) Upon referral by a hospital under subsection (a), a procurement
35 organization shall make a reasonable search for any person listed in
36 section 8 of this chapter having priority to make an anatomical gift on
37 behalf of a prospective donor. If a procurement organization receives
38 information that an anatomical gift to any other person was made,
39 amended, or revoked, it shall promptly advise the other person of all
40 relevant information.
41 (h) Subject to section 10(i) of this chapter, IC 36-2-14-21, and
42 IC 36-2-14-22.6, the rights of the person to whom a part passes under
2024 IN 1217—LS 7001/DI 150 25
1 section 10 of this chapter are superior to the rights of all others with
2 respect to the part, including a part from a person whose death within
3 a hospital is under investigation by a coroner. The person may accept
4 or reject an anatomical gift in whole or in part. Subject to the terms of
5 the document of gift and this chapter, a person who accepts an
6 anatomical gift of an entire body may allow embalming, burial, or
7 cremation, or alkaline hydrolysis, and use of remains in a funeral
8 service. If the gift is of a part, the person to which the part passes under
9 section 10 of this chapter, upon the death of the donor and before
10 embalming, burial, or cremation, or alkaline hydrolysis, shall cause
11 the part to be removed without unnecessary mutilation.
12 (i) Neither the physician who attends the decedent at death nor the
13 physician who determines the time of the decedent's death may
14 participate in the procedures for removing or transplanting a part from
15 the decedent.
16 (j) A physician or technician may remove a donated part from the
17 body of a donor that the physician or technician is qualified to remove.
18 SECTION 7. IC 34-30-2.1-325.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JANUARY 1, 2025]: Sec. 325.5. (a) IC 23-14-31.5-21
21 (Concerning an alkaline hydrolysis authority's refusal to accept
22 human remains).
23 (b) IC 23-14-31.5-23 (Concerning alkaline hydrolysis of human
24 remains).
25 (c) IC 23-14-31.5-25 (Concerning alkaline hydrolysis of human
26 remains).
27 (d) IC 23-14-31.5-40 (Concerning the disposition of human
28 remains by an alkaline hydrolysis authority).
29 (e) IC 23-14-31.5-42 (Concerning the alkaline hydrolysis of
30 human remains).
31 (f) IC 23-14-31.5-43 (Concerning an alkaline hydrolysis
32 authority's refusal to accept human remains).
33 (g) IC 23-14-31.5-44 (Concerning the release or disposition of
34 human remains).
35 (h) IC 23-14-31.5-45 (Concerning alkaline hydrolysis of human
36 remains).
37 (i) IC 23-14-31.5-46 (Concerning the disposition of human
38 remains).
39 SECTION 8. IC 35-50-5-3, AS AMENDED BY P.L.111-2018,
40 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JANUARY 1, 2025]: Sec. 3. (a) Except as provided in subsection (i),
42 (j), (l), or (m), in addition to any sentence imposed under this article for
2024 IN 1217—LS 7001/DI 150 26
1 a felony or misdemeanor, the court may, as a condition of probation or
2 without placing the person on probation, order the person to make
3 restitution to the victim of the crime, the victim's estate, or the family
4 of a victim who is deceased. The court shall base its restitution order
5 upon a consideration of:
6 (1) property damages of the victim incurred as a result of the
7 crime, based on the actual cost of repair (or replacement if repair
8 is inappropriate);
9 (2) medical and hospital costs incurred by the victim (before the
10 date of sentencing) as a result of the crime;
11 (3) the cost of medical laboratory tests to determine if the crime
12 has caused the victim to contract a disease or other medical
13 condition;
14 (4) earnings lost by the victim (before the date of sentencing) as
15 a result of the crime including earnings lost while the victim was
16 hospitalized or participating in the investigation or trial of the
17 crime; and
18 (5) funeral, burial, or cremation, or alkaline hydrolysis costs
19 incurred by the family or estate of a homicide victim as a result of
20 the crime.
21 (b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
22 judgment lien that:
23 (1) attaches to the property of the person subject to the order;
24 (2) may be perfected;
25 (3) may be enforced to satisfy any payment that is delinquent
26 under the restitution order by the person in whose favor the order
27 is issued or the person's assignee; and
28 (4) expires;
29 in the same manner as a judgment lien created in a civil proceeding.
30 (c) When a restitution order is issued under subsection (a), the
31 issuing court may order the person to pay the restitution, or part of the
32 restitution, directly to:
33 (1) the victim services division of the Indiana criminal justice
34 institute in an amount not exceeding:
35 (A) the amount of the award, if any, paid to the victim under
36 IC 5-2-6.1; and
37 (B) the cost of the reimbursements, if any, for emergency
38 services provided to the victim under IC 16-10-1.5 (before its
39 repeal) or IC 16-21-8; or
40 (2) a probation department that shall forward restitution or part of
41 restitution to:
42 (A) a victim of a crime;
2024 IN 1217—LS 7001/DI 150 27
1 (B) a victim's estate; or
2 (C) the family of a victim who is deceased.
3 The victim services division of the Indiana criminal justice institute
4 shall deposit the restitution it receives under this subsection in the
5 violent crime victims compensation fund established by IC 5-2-6.1-40.
6 (d) When a restitution order is issued under subsection (a), (i), (j),
7 (l), or (m), the issuing court shall send a certified copy of the order to
8 the clerk of the circuit court in the county where the felony or
9 misdemeanor charge was filed. The restitution order must include the
10 following information:
11 (1) The name and address of the person that is to receive the
12 restitution.
13 (2) The amount of restitution the person is to receive.
14 Upon receiving the order, the clerk shall enter and index the order in
15 the circuit court judgment docket in the manner prescribed by
16 IC 33-32-3-2. The clerk shall also notify the department of insurance
17 of an order of restitution under subsection (i).
18 (e) An order of restitution under subsection (a), (i), (j), (l), or (m)
19 does not bar a civil action for:
20 (1) damages that the court did not require the person to pay to the
21 victim under the restitution order but arise from an injury or
22 property damage that is the basis of restitution ordered by the
23 court; and
24 (2) other damages suffered by the victim.
25 (f) Regardless of whether restitution is required under subsection (a)
26 as a condition of probation or other sentence, the restitution order is not
27 discharged by the completion of any probationary period or other
28 sentence imposed for a felony or misdemeanor.
29 (g) A restitution order under subsection (a), (i), (j), (l), or (m) is not
30 discharged by the liquidation of a person's estate by a receiver under
31 IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6,
32 IC 34-1-12, or IC 34-2-7 before their repeal).
33 (h) The attorney general may pursue restitution ordered by the court
34 under subsections (a) and (c) on behalf of the victim services division
35 of the Indiana criminal justice institute established under IC 5-2-6-8.
36 (i) The court may order the person convicted of an offense under
37 IC 35-43-9 to make restitution to the victim of the crime. The court
38 shall base its restitution order upon a consideration of the amount of
39 money that the convicted person converted, misappropriated, or
40 received, or for which the convicted person conspired. The restitution
41 order issued for a violation of IC 35-43-9 must comply with
42 subsections (b), (d), (e), and (g), and is not discharged by the
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1 completion of any probationary period or other sentence imposed for
2 a violation of IC 35-43-9.
3 (j) The court may order the person convicted of an offense under
4 IC 35-43-5-3.5 to make restitution to the victim of the crime, the
5 victim's estate, or the family of a victim who is deceased. The court
6 shall base its restitution order upon a consideration of the amount of
7 fraud or harm caused by the convicted person and any reasonable
8 expenses (including lost wages) incurred by the victim in correcting the
9 victim's credit report and addressing any other issues caused by the
10 commission of the offense under IC 35-43-5-3.5. If, after a person is
11 sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's
12 estate, or the family of a victim discovers or incurs additional expenses
13 that result from the convicted person's commission of the offense under
14 IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
15 to require the convicted person to make restitution, even if the court
16 issued a restitution order at the time of sentencing. For purposes of
17 entering a restitution order after sentencing, a court has continuing
18 jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
19 for five (5) years after the date of sentencing. Each restitution order
20 issued for a violation of IC 35-43-5-3.5 must comply with subsections
21 (b), (d), (e), and (g), and is not discharged by the completion of any
22 probationary period or other sentence imposed for an offense under
23 IC 35-43-5-3.5.
24 (k) The court shall order a person convicted of an offense under
25 IC 35-42-3.5 to make restitution to the victim of the crime in an amount
26 equal to the greater of the following:
27 (1) The gross income or value to the person of the victim's labor
28 or services.
29 (2) The value of the victim's labor as guaranteed under the
30 minimum wage and overtime provisions of:
31 (A) the federal Fair Labor Standards Act of 1938, as amended
32 (29 U.S.C. 201-209); or
33 (B) IC 22-2-2 (Minimum Wage);
34 whichever is greater.
35 (l) The court shall order a person who:
36 (1) is convicted of dealing in methamphetamine under
37 IC 35-48-4-1.1 or manufacturing methamphetamine under
38 IC 35-48-4-1.2; and
39 (2) manufactured the methamphetamine on property owned by
40 another person, without the consent of the property owner;
41 to pay liquidated damages to the property owner in the amount of ten
42 thousand dollars ($10,000) or to pay actual damages to the property
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1 owner, including lost rent and the costs of decontamination by a
2 qualified inspector certified under IC 16-19-3.1.
3 (m) The court shall order a person who:
4 (1) is convicted of dealing in marijuana under
5 IC 35-48-4-10(a)(1)(A); and
6 (2) manufactured the marijuana on property owned by another
7 person, without the consent of the property owner;
8 to pay liquidated damages to the property owner in the amount of two
9 thousand dollars ($2,000).
10 SECTION 9. IC 35-52-23-6.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JANUARY 1, 2025]: Sec. 6.5. IC 23-14-31.5-47 defines
13 crimes concerning alkaline hydrolysis.
14 SECTION 10. IC 36-2-14-16, AS AMENDED BY P.L.2-2007,
15 SECTION 385, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JANUARY 1, 2025]: Sec. 16. (a) This section applies to
17 each county having a population of more than four hundred thousand
18 (400,000).
19 (b) For purposes of this section, a body is unclaimed if:
20 (1) a person cannot be located to take custody of the body; or
21 (2) there is a person to take custody of the body, but that person
22 cannot or will not assume financial responsibility for disposition
23 of the body.
24 (c) Except as provided in IC 21-44-2, the coroner may order the
25 burial, or cremation, or alkaline hydrolysis of any unclaimed body left
26 in the coroner's custody.
27 (d) If the deceased died without leaving money or other means
28 necessary to defray the funeral expenses, the coroner may contract with
29 a funeral director licensed under IC 25-15 to dispose of the body. The
30 necessary and reasonable expenses for disposing of the body shall be
31 paid by the county auditor upon the order of the coroner.
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