2024 -- S 2816

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LC004442

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS

     Introduced By: Senators Ciccone, F. Lombardi, DiPalma, Britto, de la Cruz, and Rogers

     Date Introduced: March 22, 2024

     Referred To: Senate Health & Human Services

     (Dept of Health)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-4-10 of the General Laws in Chapter 23-4 entitled "Office of State

Medical Examiners" is hereby amended to read as follows:

     23-4-10. Disposition of deceased bodies.

     (a) The office of state medical examiners shall, after any postmortem external examination

or any autopsy, promptly release the deceased body to the relatives, representatives or domestic

partners of the deceased. The cost of transporting the deceased body to a mortuary within the state

of the relatives’ or domestic partner’s choice shall be borne by the state if the autopsy was required

to be performed as provided in this chapter or other persons authorized by law to make

arrangements for the disposition of the decedent's remains. If the relatives, representatives or

domestic partners of the decedent or other person authorized by law to make arrangements for the

disposition of the decedent's remains;

     (i) Fails or refuses to claim the body within ten (10) days of receiving notice of the death

of the decedent; or

     (ii) Fails or refuses to make arrangements with a funeral home for the removal of the body

from the state medical examiner's morgue within twenty-one (21) days of receiving notice of the

death of the decedent, the body shall be deemed unclaimed and shall be buried in accordance with

§ 40-6-3.10. If there are no known relatives, representatives or domestic partners, the office of state

medical examiners, after reasonable public notices, the body shall be deemed unclaimed and the

office of state medical examiners shall cause the body of the deceased person to be buried in

accordance with § 40-6-3.10. The general treasurer of the state shall have first priority in recovering

the expenses of burial from the estate of the deceased person.

     (b) For the purpose of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

     (1) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (2) Neither partner is married to anyone else;

     (3) Partners were not related by blood to a degree which would prohibit marriage in the

state of Rhode Island;

     (4) Partners resided together and had resided together for at least one year at the time of

death; and

     (5) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (i) Domestic partnership agreement or relationship contract;

     (ii) Joint mortgage or joint ownership of primary residence;

     (iii) Two (2) of the following:

     (A) Joint ownership of motor vehicle;

     (B) Joint checking account;

     (C) Joint credit account;

     (D) Joint lease; and/or

     (iv) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract or life insurance.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS

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     This act would provide for procedures for the burial of unclaimed remains.

     This act would take effect upon passage.

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