An act to amend Section 7526 of the Health and Safety Code, relating to cemeteries.
Summary
AB 2331 makes two related changes to California Health and Safety Code provisions governing the handling of human remains. First, it amends the cemetery-removal statute to provide that when the required family or cemetery consent for disinterment cannot be obtained, a superior court must grant the application for removal upon a showing of good cause. This changes the court’s role from a general permission standard to a more directive standard favoring approval when good cause is shown.
Second, the bill makes technical and nonsubstantive updates to the state’s human remains disposition rules, including provisions that allow a coroner to release remains to an adjacent-state funeral establishment without a death certificate or disposition permit in limited circumstances. Those changes do not appear to alter the underlying policy framework, but they clean up statutory language and preserve existing procedures for transport, filing, and public health reporting.
Impact
The bill primarily affects Health and Safety Code Section 7526, which governs removal of interred remains from cemeteries, by requiring courts to grant disinterment applications when good cause is demonstrated. It also makes minor technical revisions to Section 103050 concerning death certificates, permits for disposition, coroner authority, and transport of remains to out-of-state funeral homes. The practical effect is to make court approval more predictable in cases where consent from the cemetery authority or next of kin cannot be secured, while leaving most existing disposition and public-health requirements intact.
Sentiment
The available voting history suggests broad, noncontroversial support for the measure. It passed the Assembly committee stage 12-0 and later passed the Assembly 68-0, and it was placed on the consent calendar, which typically indicates the bill was viewed as routine or largely uncontroversial. No committee transcript objections are provided, and the bill’s amendments are framed as modest and technical rather than sweeping policy changes.
Contention
The main substantive issue is the standard for court approval of cemetery-removal applications when required consent cannot be obtained. By directing courts to grant an application upon a showing of good cause, the bill may be seen as favoring petitioners seeking disinterment over parties who might prefer stricter judicial discretion, such as surviving family members or cemetery authorities. However, the absence of recorded opposition and the consent-calendar treatment indicate that any disagreement was limited or not publicly developed in the available materials.