Legislative record

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 (1) the person with right of control was subject to a restraining order for domestic violence against the deceased at the time of the decedent's death or (2) 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.