New York 2025-2026 Regular Session

New York Assembly Bill A05218

Introduced
2/12/25  
Refer
2/12/25  

Caption

Relates to concealment and/or mutilation of a human corpse by any person; exempts practice of funeral direction and organ donation.

Summary

Bill A05218 seeks to amend the New York Penal Law regarding the concealment and/or mutilation of a human corpse. It establishes that a person is guilty of this offense if they conceal, alter, mutilate, or destroy a corpse with the intent to prevent its production or discovery. The bill also clarifies that authorized individuals, such as funeral directors and those involved in anatomical gifts, are exempt from this provision. Additionally, it modifies the Criminal Procedure Law to include concealment and/or mutilation of a human corpse as a factor in determining bail eligibility for defendants charged with such offenses. The bill redefines the legal framework surrounding the treatment of human remains in New York, emphasizing the seriousness of offenses related to the concealment and mutilation of corpses. By making these offenses a class E felony, the bill aims to deter such actions and ensure that those who commit them face appropriate legal consequences. The changes to bail eligibility reflect a broader effort to address public safety concerns associated with violent crimes and their underlying behaviors. The sentiment surrounding Bill A05218 appears to be largely supportive, as it addresses a critical issue in criminal law related to the treatment of human remains. However, the lack of recorded votes or committee discussions may indicate that the bill has not yet been thoroughly debated or scrutinized by lawmakers. This could change as the bill progresses through the legislative process. Notable points of contention may arise regarding the balance between enforcing strict penalties for concealment and mutilation of corpses and the rights of individuals involved in legitimate practices such as funeral services and organ donation. Stakeholders in the funeral industry may express concerns over the implications of the bill on their operations, particularly regarding the exemptions provided. As the bill moves forward, these discussions will likely become more pronounced.

Impact

If enacted, Bill A05218 will amend existing laws to impose stricter penalties for the concealment and mutilation of human corpses, thus reinforcing the legal protections surrounding human remains. It will also impact the bail process for individuals charged with these offenses, potentially leading to more stringent conditions for release. This change may influence how law enforcement and the judicial system handle cases involving such crimes, reflecting a commitment to addressing public safety and the integrity of human remains.

Sentiment

The general sentiment around Bill A05218 appears to be supportive, as it seeks to strengthen legal protections for human remains and address serious offenses. However, the absence of recorded votes and detailed committee discussions suggests that the bill may not have undergone extensive debate yet, which could lead to varying opinions as it progresses through the legislative process.

Contention

Potential contention may arise from stakeholders in the funeral industry and related fields, who might be concerned about how the bill's provisions could affect their practices. The exemptions for authorized individuals, such as funeral directors, are crucial, but there may be discussions about the adequacy of these protections and how they are defined in the context of the law.

Companion Bills

NY S00505

Same As Relates to concealment and/or mutilation of a human corpse by any person; exempts practice of funeral direction and organ donation.

Previously Filed As

NY S00698

Grants a sales and compensating use tax exemption for goods under $2 sold for fundraising organized by school-based volunteer organizations.

NY S00779

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

NY S04048

Relates to transition and inauguration donations and expenses and funds for personal use.

NY S01175

Relates to unlawful discriminatory practices by government agencies relating to persons recovering from alcohol and/or substance abuse.

NY S01743

Establishes a rent increase exemption for certain nonprofit organizations; provides a tax abatement for limiting rent increases on nonprofit organizations in a city of one million or more persons.

NY S03523

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may be trained by the National Acupuncture Detoxification Association (NADA), or other equivalent.

NY A01564

Relates to the practice of acupuncture and the exemption that a person who does not otherwise possess the credentials or qualifications required for the practice of acupuncture may engage in the practice of auriculotherapy or "ear acupuncture" subject to certain restrictions.

NY A00834

Authorizes a lien against personal and real property of the owner of a commercial towing company for illegal and improper practices; creates personal liability for members of an LLC and certain corporate shareholders.

NY S03265

Authorizes a lien against personal and real property of the owner of a commercial towing company for illegal and improper practices; creates personal liability for members of an LLC and certain corporate shareholders.

NY S02667

Requires certain employees of charitable organizations to complete a course of instruction in the law and ethics of fundraising.

Similar Bills

No similar bills found.