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.
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.