Human remains: disposition.

Plain English Breakdown

The official source material does not provide details on enforcement mechanisms.

Human Remains: Disposition

This law changes who can decide what happens to a person's remains after they die, giving more control to the next of kin under specific conditions.

What This Bill Does

• Changes the rules about who has the right to decide how someone’s body is handled after death.
• Gives this right to the next of kin if the funeral director or cemetery authority knows that the person with rights had a restraining order for domestic violence against the deceased or their custodial parent, or if they lost custody or visitation rights.
• Also gives control to the next of kin if it would be best for the deceased's interests or the wishes of the custodial parent.

Who It Names or Affects

• Funeral directors and cemetery authorities
• People with rights to decide on body disposition after death
• Next of kin

Terms To Know

disposition

What happens to someone's remains, like burial or cremation.

custodial parent

The parent who has legal responsibility for a child’s care and upbringing.

Limits and Unknowns

• Does not specify what happens if multiple people have claims to the remains.
• It is unclear how this law will be enforced in specific situations.
• This bill has passed both chambers of the legislature but its final status, including whether it becomes a law or not, is still pending.

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)
has been
was
subject to a restraining order for domestic violence against the deceased
or against the custodial parent of the deceased, (2) is a parent of the deceased and their custody or visitation rights were terminated or suspended, or (3)
at the time of the decedent’s death or (2)
is a parent of the deceased and granting disposition rights to the person would
be
have been
contrary to the decedent’s best
interests or the wishes of the custodial parent of the deceased.
interests.

Current Bill Text

Download Bill PDF