HLS 12RS-1275 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 562
BY REPRESENTATIVE NANCY LANDRY
HUMAN REMAINS: Prohibits a person alleged to have intentionally caused the death of
a person to control of interment or cremation of the decedent
AN ACT1
To enact R.S. 8:655(C) and R.S. 37:876(F), relative to the right of disposing of human2
remains; to provide for the right to control interment; to provide for authorizing3
agent for cremation; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 8:655(C) is hereby enacted to read as follows: 6
§655. Right of disposing of remains7
* * *8
C. Notwithstanding Subsection A of this Section, a person arrested or9
charged with criminal homicide by reason of the death of the decedent shall not have10
the right to control interment of the decedent's remains. The disposition of the11
decedent's remains shall be made in accordance with the directions of an eligible12
person within the first applicable class established under Subsection A of this13
Section.14
Section 2. R.S. 37:876(F) is hereby enacted to read as follows: 15
§876. Authorizing agent; notarized declarations16
* * *17
F. Notwithstanding Subsection A of this Section, a person arrested or18
charged with criminal homicide by reason of the death of the decedent shall not have19
the right to serve as an authorizing agent for cremation. The authorizing agent shall20 HLS 12RS-1275 ORIGINAL
HB NO. 562
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
be an eligible person within the first applicable class established under Subsection1
A of this Section.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Nancy Landry HB No. 562
Abstract: Prohibits a person arrested or charged with criminal homicide by reason of the
death of the decedent from controlling the burial or cremation of the remains of the
deceased.
Present law provides a prioritized listing as follows of those persons having the right to
control interment of the remains of a deceased person, unless specific directions have been
given in a written notarized declaration:
(1)Surviving spouse.
(2)A majority of the surviving adult children.
(3)Surviving parents.
(4)A majority of the surviving adult siblings.
(5)A majority of adult persons in the next degree of kindred as provided by the Civil
Code.
Present law provides a prioritized listing as follows of those persons having the right to serve
as an authorizing agent for the cremation of a decedent absent specific written direction of
the deceased:
(1)Surviving spouse.
(2)All surviving adult children.
(3)Surviving parents.
(4)All surviving adult siblings.
(5)All surviving adult persons in the next degree of kindred as provided by the Civil
Code.
Proposed law retains present law and provides, however, that a person arrested or charged
with criminal homicide by reason of the death of the decedent shall not have the right to
control interment of the decedent's remains or act as the authorizing agent for cremation of
the decedent's remains. Proposed law further provides that the disposition of the decedent's
remains shall be made in accordance with the directions of an eligible person within the first
applicable class established by present law.
(Adds R.S. 8:655(C) and R.S. 37:876(F))