The original instrument was prepared by Cathy R. Wells. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Michelle Broussard-Johnson.
DIGEST
SB 208 Reengrossed 2015 Regular Session Riser
Present law provides relative to burial of unclaimed bodies.
Proposed law provides relative to disposition of human remains.
Proposed law defines "disposition" as the interment, burial, cremation, or anatomical donation of the
body of a deceased person or parts of the body of a deceased person. Disposition does not include
any prohibited act under Part I of Chapter 12 of Title 17 of the Louisiana Revised Statutes of 1950,
the Louisiana Anatomical Gift Act, the Louisiana Unmarked Human Burial Sites Preservation Act,
or the Louisiana Historic Cemetery Preservation Act.
Present law provides for surviving spouse, next of kin, and other relatives who have the right to
control interment and who have the right to serve as an authorizing agent for cremation of the
remains of a deceased person unless other specific written and notarized directions have been given
by the decedent.
Present law authorizes the coroner to release the remains to any interested party if the surviving
spouse, next of kin, and other relatives who have the right to control interment refuse to bury the
remains.
Proposed law retains present law and provides for the disposition of such remains not just for burial.
Proposed law further provides that if the coroner releases the remains to an interested person, such
person may serve as the authorizing agent to cremation.
Present law authorizes the coroner to bury the abandoned body as provided for indigents if the
decedent had no known property or assets of sufficient value to defray the expenses of burial.
Proposed law retains present law but authorizes the coroner to dispose of such abandoned remains
as provided for indigents if the decedent had no known property or asset of sufficient value to defray
the expenses of disposition.
Present law requires the coroner to arrange for disposition of the remains within 30 days, preferably
by a recognized funeral home if a body is unclaimed by friends or relatives and the decedent had
known assets or property of a sufficient value to defray the expenses of burial.
Proposed law requires the coroner to arrange for disposition of the remains within 30 days,
preferably by a recognized funeral establishment if such remains are not claimed, unclaimed, or
abandoned and the decedent had known assets or property of a sufficient value to defray the expenses of disposition.
Proposed law requires funeral establishments and healthcare facilities to notify by a written notarized
document, the coroner for the parish of the decedent's domicile stating the factual history and
circumstances of the abandonment. Proposed law also lists other items required to be contained in
the notification to the coroner, including but not limited to information about known next of kin;
organizations the deceased was a member of; known assets, including insurance policies, pending
claims under litigation, and any potential unresolved claims or asset of any kind; veteran and
employment status; religious affiliation; and all documents in the possession of the funeral home or
healthcare provider.
Proposed law provides that upon the coroner's receipt of the notarized document and records
attached thereto, the funeral home is required to transport the human remains of the decedent at their
costs to the coroner of the decedent's domicile, if located in Louisiana, or to the coroner of the parish
where the death occurred if the decedent's domicile is not in Louisiana, is required to assume
jurisdiction of the case, and accept the remains for future disposition.
Proposed law provides that the remains of a decedent in the possession of a funeral establishment
are deemed abandoned if the person or persons authorized by law to control the disposition refuses
orally or in writing to make arrangements or provide for the disposition of the decedent, or fails to
make arrangements or provide for the disposition of the remains of a decedent after death at a
healthcare facility, or after the remains are in the possession of the funeral establishment.
Proposed law provides that if the coroner releases the remains to an interested person, such person
may serve as the authorizing agent for cremation.
Effective July 1, 2015.
(Amends R.S. 9:1551 and R.S. 37:876; adds R.S. 8:1(20.1) and 655(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Changes interment of remains by coroner to disposition of remains by coroner if
decedent's remains are not claimed or abandoned.
Senate Floor Amendments to engrossed bill
1. Technical amendments.
2. Deletes the Louisiana Anatomical Board Act from the definition of "disposition".