Bill Text: NY S08751 | 2023-2024 | General Assembly | Amended

New York Senate Bill 8751

Bill Title: Relates to concealment and/or mutilation of a human corpse by any person; exempts practice of funeral direction and organ donation.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-03-13 - PRINT NUMBER 8751A [S08751 Detail]

Download: New_York-2023-S08751-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         8751--A

                    IN SENATE

                                      March 7, 2024
                                       ___________

        Introduced  by  Sens.  PALUMBO, CANZONERI-FITZPATRICK, MARTINS, MATTERA,
          MURRAY, RHOADS -- read twice and ordered printed, and when printed  to
          be  committed  to the Committee on Codes -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the penal law, in relation to concealment and/or mutila-
          tion  of  a  human corpse; and to amend the criminal procedure law, in
          relation  to  authorizing bail for principals charged with concealment
          and/or mutilation of a human corpse

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 195.02 of the penal law, as added by chapter 242 of
     2  the laws of 2015, is amended to read as follows:
     3  § 195.02 Concealment and/or mutilation of a human corpse.
     4    A  person is guilty of concealment and/or mutilation of a human corpse
     5  when[, having a reasonable expectation that a human  corpse  or  a  part
     6  thereof  will  be  produced  for or used as physical evidence in: (a) an
     7  official proceeding; (b) an autopsy as part of a criminal investigation;
     8  or (c) an examination by law enforcement personnel as part of a criminal
     9  investigation;] such person, alone or in concert with another, conceals,
    10  alters, mutilates and/or destroys such corpse or part thereof [with  the
    11  intent  to  prevent its production, use or discovery]. The provisions of
    12  this section shall not apply to an  individual or entity  authorized  to
    13  accept an anatomical gift pursuant to section forty-three hundred two of
    14  the public health law or to the lawful activities of a funeral director,
    15  undertaker  or embalmer   under article thirty-four of the public health
    16  law.
    17    Concealment and/or mutilation of a human corpse is a class E felony.
    18    § 2.  Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
    19  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    20  added  by section 2 of subpart B of part UU of chapter 56 of the laws of
    21  2022, are amended and a new paragraph (v) is added to read as follows:
    22    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    23  able  person  or  property,  or  any  charge of criminal possession of a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14809-02-4

        S. 8751--A                          2

     1  firearm as defined in section 265.01-b of  the  penal  law,  where  such
     2  charge  arose from conduct occurring while the defendant was released on
     3  [his or her] such defendant's own recognizance,  released  under  condi-
     4  tions,  or  had yet to be arraigned after the issuance of a desk appear-
     5  ance ticket for a separate felony or class A misdemeanor involving  harm
     6  to  an  identifiable  person  or  property,  or  any  charge of criminal
     7  possession of a firearm as defined in section 265.01-b of the penal law,
     8  provided, however, that the prosecutor must  show  reasonable  cause  to
     9  believe  that the defendant committed the instant crime and any underly-
    10  ing crime. For the purposes of this subparagraph, any of the  underlying
    11  crimes  need not be a qualifying offense as defined in this subdivision.
    12  For the purposes of this paragraph, "harm to an identifiable  person  or
    13  property"  shall  include  but  not  be limited to theft of or damage to
    14  property. However, based upon a review of the facts alleged in the accu-
    15  satory instrument, if the court determines that such theft is negligible
    16  and does not appear to be in furtherance of other criminal activity, the
    17  principal shall be released on [his or her] such principal's own  recog-
    18  nizance or under appropriate non-monetary conditions; [or]
    19    (u)  criminal possession of a weapon in the third degree as defined in
    20  subdivision three of section 265.02 of the penal law or criminal sale of
    21  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    22  or
    23    (v)  the  concealment  and/or mutilation of a human corpse pursuant to
    24  section 195.02 of the penal law.
    25    § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    26  section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
    27  amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
    28  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    29  agraph (xxii) is added to read as follows:
    30    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    31  able  person  or  property,  or  any  charge of criminal possession of a
    32  firearm as defined in section 265.01-b  of  the  penal  law  where  such
    33  charge  arose from conduct occurring while the defendant was released on
    34  [his or her] such defendant's own recognizance,  released  under  condi-
    35  tions,  or  had yet to be arraigned after the issuance of a desk appear-
    36  ance ticket for a separate felony or class A misdemeanor involving  harm
    37  to  an  identifiable  person  or  property,  provided, however, that the
    38  prosecutor must show reasonable cause  to  believe  that  the  defendant
    39  committed  the  instant crime and any underlying crime. For the purposes
    40  of this subparagraph, any of the underlying crimes need not be a  quali-
    41  fying  offense  as defined in this subdivision. For the purposes of this
    42  paragraph, "harm to an identifiable person or  property"  shall  include
    43  but  not  be  limited  to theft of or damage to property. However, based
    44  upon a review of the facts alleged in the accusatory instrument, if  the
    45  court determines that such theft is negligible and does not appear to be
    46  in  furtherance  of  other  criminal  activity,  the  principal shall be
    47  released on [his or her] such  principal's  own  recognizance  or  under
    48  appropriate non-monetary conditions; [or]
    49    (xxi)  criminal  possession of a weapon in the third degree as defined
    50  in subdivision three of section 265.02 of the penal law or criminal sale
    51  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    52  law[.]; or
    53    (xxii)    the concealment and/or mutilation of a human corpse pursuant
    54  to section 195.02 of the penal law.
    55    § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
    56  criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as

        S. 8751--A                          3

     1  added by section 4 of subpart B of part UU of chapter 56 of the laws  of
     2  2022, are amended and a new paragraph (v) is added to read as follows:
     3    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     4  able person or property, or any  charge  of  criminal  possession  of  a
     5  firearm  as  defined  in  section  265.01-b of the penal law, where such
     6  charge arose from conduct occurring while the defendant was released  on
     7  [his  or  her]  such defendant's own recognizance, released under condi-
     8  tions, or had yet to be arraigned after the issuance of a  desk  appear-
     9  ance  ticket for a separate felony or class A misdemeanor involving harm
    10  to an identifiable  person  or  property,  or  any  charge  of  criminal
    11  possession of a firearm as defined in section 265.01-b of the penal law,
    12  provided,  however,  that  the  prosecutor must show reasonable cause to
    13  believe that the defendant committed the instant crime and any  underly-
    14  ing  crime. For the purposes of this subparagraph, any of the underlying
    15  crimes need not be a qualifying offense as defined in this  subdivision.
    16  For  the  purposes of this paragraph, "harm to an identifiable person or
    17  property" shall include but not be limited to  theft  of  or  damage  to
    18  property. However, based upon a review of the facts alleged in the accu-
    19  satory instrument, if the court determines that such theft is negligible
    20  and does not appear to be in furtherance of other criminal activity, the
    21  principal  shall be released on [his or her] such principal's own recog-
    22  nizance or under appropriate non-monetary conditions; [or]
    23    (u) criminal possession of a weapon in the third degree as defined  in
    24  subdivision three of section 265.02 of the penal law or criminal sale of
    25  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    26  or
    27    (v) the concealment and/or mutilation of a human  corpse  pursuant  to
    28  section 195.02 of the penal law.
    29    § 5. This act shall take effect immediately.