Human remains: disposition.

Plain English Breakdown

The bill summary does not provide specific details on how to prove something was against the deceased's best interests, leaving this as an open question.

Human Remains: Disposition

This law changes who can decide what happens to someone's body after they die if there are concerns about domestic violence or the person's best interests.

What This Bill Does

• Changes the rules for deciding who gets to choose how a dead person’s remains are handled.
• Gives next of kin control over remains if a funeral director knows that the person with rights had a restraining order against them due to domestic violence at the time of death.
• Also gives next of kin control if there is proof from a court or legally determinative document that giving disposition rights to the parent would be contrary to the deceased's best interests.
• Protects funeral directors and cemetery authorities from legal trouble for making decisions based on these new rules.

Who It Names or Affects

• Funeral directors
• Cemetery authorities
• Next of kin
• People who have died and their families

Terms To Know

Disposition

What happens to someone's body after they die, like burial or cremation.

Restraint order

A court order that stops one person from contacting or being near another person for safety reasons.

Limits and Unknowns

• Does not specify what happens if there is no next of kin.
• The bill does not explain how to prove something was against the deceased's best interests.
• It only applies when a funeral director knows about specific situations involving domestic violence or court orders.

Official Summary Text

AB 2542, as amended, Patterson.
Human remains: disposition.
Under existing law, the right to control the disposition of the remains of a deceased person vests in persons pursuant to an established priority, beginning with an agent under a power of attorney for health care, except as otherwise directed by the decedent. A person upon whom the duty of interment is imposed by law who omits to perform that duty within a reasonable period of time is guilty of a misdemeanor. If a person has been charged with first- or second-degree murder or voluntary manslaughter in connection with the decedent’s death and those charges are known to the funeral director or cemetery authority, existing law passes the right of control to the next of kin in accordance with the aforementioned priority.
This bill, Marissa’s Law, would pass the right of control to the next of kin in accordance with the aforementioned priority if a
funeral director or cemetery authority knows that the person with right of control (1) was subject to a restraining order for domestic violence against the deceased at the time of the decedent’s death or (2) is a parent of the deceased and
granting disposition rights
a court determination or legally determinative document, as specified, evidences that vesting the right to control
to the person would have been contrary to the decedent’s best interests.
The bill would prohibit a funeral director or cemetery authority from being held civilly or criminally liable for, or their license from being subject to disciplinary action for, a determination made pursuant to these provisions.

Current Bill Text

Download Bill PDF