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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8751

                    IN SENATE

                                      March 7, 2024
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation  to  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 or mutilation of a human corpse.
     4    A person is guilty of concealment 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  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 or mutilation of a human corpse is a class E felony.
    18    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14809-01-4