SLS 23RS-383 ENGROSSED 2023 Regular Session SENATE BILL NO. 187 BY SENATOR KLEINPETER Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CORONERS. Provides relative to cremation of bodies. (8/1/23) 1 AN ACT 2 To amend and reenact R.S. 13:5716, relative to cremation of bodies; to provide for issuance 3 of a permit for cremation by a coroner; to provide for denial of a permit for 4 cremation by a coroner; and to provide for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 13:5716 is hereby amended and reenacted to read as follows: 7 ยง5716. Cremation of bodies 8 A. If the cremation of a body is requested, the funeral director shall 9 immediately notify the coroner who has jurisdiction in the death. 10 B. If, after the necessary investigation, the coroner is satisfied that there are 11 no suspicious circumstances surrounding the death, he shall issue a permit for 12 cremation. 13 C. If the investigation reveals suspicious circumstances or the reasonable 14 probability of the commission of a crime, the coroner shall deny the permit until the 15 coroner's investigation is completed. After completion of the coroner's 16 investigation, he may issue a permit for cremation. 17 D. Upon completion of the coroner's investigation, the coroner shall Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 187 SLS 23RS-383 ENGROSSED 1 release the body to the family or friends for disposition in accordance with R.S. 2 13:5715. In any case under coroner jurisdiction in which the body cannot be 3 released within thirty days of death, the coroner shall notify in writing the 4 person or persons with the right to dispose of human remains under R.S. 8:655 5 the reasons for any delay in release of the body. The original instrument was prepared by Brandi Cannon. The following digest, which does not constitute a part of the legislative instrument, was prepared by Alan Miller. DIGEST SB 187 Engrossed 2023 Regular Session Kleinpeter Present law provides that if the cremation of a body is requested, the funeral director shall immediately notify the coroner who has jurisdiction in the death. Proposed law retains present law. Present law provides that the coroner shall issue a permit for cremation if, after the necessary investigation, he is satisfied that there are no suspicious circumstances surrounding the death. Present law provides that the coroner shall deny the permit if the investigation reveals suspicious circumstances or the reasonable probability of the commission of a crime. Present law further provides that the coroner may issue a permit for cremation after completion of his investigation. Proposed law specifies that the permit for cremation shall be denied until the investigation is complete. Proposed law requires the coroner, upon completion of his investigation, to release the body to the family or friends for disposition in accordance with present law. Provides that when the coroner cannot release the body within 30 days of death, the coroner is required to notify in writing the person or persons with the right to dispose of human remains the reasons for any delay in release of the body. Effective August 1, 2023. (Amends R.S. 13:5716) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill 1. Prohibits the coroner from issuing a permit for cremation until his investigation is complete. 2. Requires the coroner, upon completion of his investigation, to release the body, and if the body cannot be released within 30 days of death, requires notification to notify the person or persons with the right to dispose of human remains the reasons for any delay in releasing of the body. Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.