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 809 Original 2020 Regular Session Riser
Abstract: Provides relative to the disposition of human remains.
Present law authorizes a coroner to immediately release the remains of a decedent to any interested
party when persons authorized by present law (R.S. 8:655) to provide for the disposition of the
remains refuse to do so.
Proposed law retains present law and adds that persons listed in present law (R.S. 37:876) are
authorized to provide for disposition of the remains. Further, proposed law authorizes a coroner to
release the remains of a decedent to any interested party when authorized persons fail to make
arrangements or provide for the disposition within 7 days of the date of death or when the remains
of the decedent are deemed abandoned.
Proposed law provides that a coroner shall issue a written statement identifying the interested person
to whom the coroner released the remains of the decedent. Further, funeral directors, funeral
establishments, and crematories shall rely on the coroner's written statement as authorization for the
named interested person to arrange for the disposition of the remains of the decedent.
Present law provides that a coroner shall have and exercise custody over the remains of a decedent
when the remains are abandoned, not claimed, or unclaimed by persons authorized to control
disposition in present law (R.S. 8:655) or when the remains are abandoned while in the possession
of a funeral establishment by the interested party to whom the coroner released the remains to.
Proposed law retains present law and adds that persons listed in present law (R.S. 37:876) are
included as persons authorized to control the disposition.
Present law requires a funeral establishment in the possession of remains that have been abandoned
to notify the coroner by a notarized document with attached records stating the history and
circumstances of the abandonment. Further, present law provides when the coroner receives the
funeral establishment's notarized document with attached records, the funeral establishment shall
transport the remains to the appropriate coroner at the funeral establishment's cost and the coroner
shall assume jurisdiction over the case and accept the remains.
Proposed law removes the requirement that a funeral establishment in possession of abandoned
remains notify the coroner by a notarized document with attached records. Further, proposed law
provides an exception to the requirement for the funeral establishment to transport the remains to
the appropriate coroner at the funeral establishment's cost when an interested person has been designated by the coroner to provide for the disposition of the remains.
Present law provides that remains in the possession of a funeral establishment or healthcare facility
are deemed abandoned when persons authorized by present law refuse or fail to make arrangements
or provide for the disposition after the death of the decedent at a healthcare facility or after the
remains are in possession of the funeral establishment.
Proposed law retains present law and adds persons listed in present law (R.S. 37:876) as those
authorized to make arrangements or provide for disposition. Further, proposed law adds that remains
are deemed abandoned when authorized persons refuse or fail to make arrangements for the
disposition within 7 days after the death of the decedent at a healthcare facility.
Present law provides that when a coroner's jurisdiction over abandoned, not claimed, or unclaimed
remains has been established, the rights of persons listed in present law (R.S. 8:655) are waived and
terminated.
Proposed law retains present law and adds persons listed in present law (R.S. 37:876) as persons
whose rights are waived and terminated when a coroner's jurisdiction is established over abandoned,
not claimed, or unclaimed remains.
(Amends R.S. 9:1551)