SB509: relative to authorization of cremation in certain circumstances.

SB 509-FN - AS INTRODUCED

2024 SESSION

24-2958

11/06

SENATE BILL 509-FN

AN ACT relative to authorization of cremation in certain circumstances.

SPONSORS: Sen. Birdsell, Dist 19; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Rep. J. Nelson, Rock. 13; Rep. Layon, Rock. 13; Rep. Foote, Rock. 13

COMMITTEE: Judiciary

ANALYSIS

This bill provides that when there is probable cause to believe a domestic violence-related homicide has been committed by one spouse against the other, only an immediate family member, other than the spouse, may authorize cremation or transport of the deceased individual.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2958

11/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to authorization of cremation in certain circumstances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Cremation After Domestic Violence Homicide. Amend RSA 325-A by inserting after section 23 the following new section:

325-A:23-a Cremation After Domestic Violence Homicide.

I. In this section, "immediate family member" means a spouse, child, sibling, parent, grandparent, or grandchild, including stepparents, stepchildren, stepsiblings, and adoptive relationships. Neither a legally separated spouse and his or her children, nor an ex-spouse and his or her children, are immediate family members.

II. Where there exists probable cause to believe a domestic violence-related homicide has been committed by one spouse against the other, the surviving spouse has no authority to and shall not authorize cremation on a cremation authorization form, and shall not designate an agent to authorize cremation of the deceased spouse on their behalf.

III. Where there exists probable cause to believe a domestic violence-related homicide has been committed by one spouse against the other, only an immediate family member of the deceased, but not the spouse, shall have authority to authorize cremation.

IV. Where a deceased spouse under the circumstances in paragraphs II and III has, in a written document, evidenced testamentary intent to allow the other spouse to authorize cremation, that testamentary intent shall be deemed null and void as to that directive. In such a case, an immediate family member, but not the spouse, shall make decisions regarding committal of the deceased.

2 New Paragraph; Release; Transfer of Body. Amend RSA 290:11 by inserting after paragraph III the following new paragraph:

IV. Where there exists probable cause to believe a domestic violence-related homicide has been committed by one spouse against the other, under no circumstances shall the surviving spouse authorize any release or transfer of the deceased spouse. Only an immediate family member as defined in RSA 325-A:23-a, I, but not the spouse, shall authorize any release or transfer of the deceased in such circumstances.

3 Effective Date. This act shall take effect 60 days after its passage.

LBA

24-2958

12/1/23

SB 509-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to authorization of cremation in certain circumstances.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association