HLS 19RS-322 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 102
BY REPRESENTATIVE JONES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HUMAN REMAINS: Provides relative to the disposition of the remains of a homicide
victim
1 AN ACT
2To amend and reenact R.S. 8:655(A)(introductory paragraph) and to enact R.S. 8:655(F) and
3 R.S. 37:876(H), relative to the disposition of human remains; to provide for the
4 disposition of the remains of a homicide victim; to prohibit a person responsible for
5 the death of the victim from controlling the disposition of the victim's remains; and
6 to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 8:655(A)(introductory paragraph) is hereby amended and reenacted
9and R.S. 8:655(F) is hereby enacted to read as follows:
10 §655. Right of disposing of remains; military personnel; limitation of liability
11 A. Unless Except as provided in Subsection F of this Section, unless other
12 specific directions have been given or the designation of a specific person to control
13 disposition has been made by the decedent in the form of a notarial testament or a
14 written and notarized declaration, the following persons, in the priority listed, have
15 the right to control and authorize the interment of a deceased person, as defined in
16 R.S. 8:1:
17 * * *
18 F. No person shall have any right to control the disposition of the remains
19 of a decedent when a warrant or a judicial determination of probable cause for a
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 102
1 homicide enumerated in R.S. 14:30, 30.1, or 31 has been issued for his arrest for the
2 death of the decedent.
3 Section 2. R.S. 37:876(H) is hereby enacted to read as follows:
4 §876. Authorizing agent; notarial testaments and notarized declarations
5 * * *
6 H. No person shall have any right to control the disposition of the remains
7 of a decedent when a warrant or a judicial determination of probable cause for a
8 homicide enumerated in R.S. 14:30, 30.1, or 31 has been issued for his arrest for the
9 death of the decedent.
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)]
HB 102 Engrossed 2019 Regular Session Jones
Abstract: Provides that a person arrested for certain enumerated crimes of a decedent shall
not have the authority to control the disposition of the decedent's remains.
Present law provides that unless a decedent has otherwise specifically indicated by notarial
testament or notarized declaration who has the right to control the disposition of his remains,
a list of priority of kinship specified in present law shall be used.
Proposed law creates an exception to present law to prohibit a person from controlling the
disposition of the remains of a decedent when a warrant or judicial determination of probable
cause has been issued for his arrest for first degree murder, second degree murder, or
manslaughter for the death of the decedent.
Present law regarding cremation provides a list of persons, in order of priority, who have the
right to serve as an authorizing agent for cremation. Proposed law creates an exception to
present law which provides that no person shall have the right to cremate a decedent when
a warrant or judicial determination of probable cause for first degree murder, second degree
murder, or manslaughter has been issued for his arrest for the death of the decedent.
(Amends R.S. 8:655(A)(intro. para.); Adds R.S. 8:655(F) and R.S. 37:876(H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Limit the homicides for which a person is prohibited from controlling the
remains of a decedent to first degree murder, second degree murder, and
manslaughter.
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HB NO. 102
2. Remove the provision that would prohibit a person from controlling the
disposition of remains if he committed another crime that caused the decedent's
death.
3. Provide that no person shall have the right to cremate a decedent when a warrant
or judicial determination of probable cause for first degree murder, second
degree murder, or manslaughter has been issued for his arrest for the death of the
decedent.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.