STATE OF NEW YORK
________________________________________________________________________
432--B
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. KAVANAGH, JAFFEE, GALEF, MAYERSOHN, REILLY,
ZEBROWSKI, GABRYSZAK, ESPAILLAT, HOOPER -- Multi-Sponsored by -- M. of
A. BENJAMIN, BOYLAND, CALHOUN, CROUCH, ERRIGO, FINCH, GIGLIO, GORDON,
KOON, McDONOUGH, PHEFFER, QUINN, SALADINO, TOBACCO, WEISENBERG -- read
once and referred to the Committee on Health -- recommitted to the
Committee on Health in accordance with Assembly Rule 3, sec. 2 --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to unlawful
dissection, procurement, and sale of human tissue, organs or body
parts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4216 of the public health law, as amended by chap-
2 ter 346 of the laws of 2006, is amended to read as follows:
3 § 4216. Body stealing. A person who removes the dead body of a human
4 being, or any tissue, organ or part thereof from a grave, vault, or
5 other place, where the same has been buried, or from a place where the
6 same has been deposited while awaiting burial, without authority of law,
7 with intent to sell the same, or for the purpose of dissection, or for
8 the purpose of procuring a reward for the return of the same, or from
9 malice or wantonness, is guilty of a class D felony.
10 § 2. Section 4217 of the public health law, as added by chapter 1031
11 of the laws of 1965, is amended to read as follows:
12 § 4217. Receiving stolen body of a human being. A person who
13 purchases, or receives except for the purpose of burial, the dead body
14 of a human being, or any tissue, organ, or part thereof, knowing that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01010-06-0
A. 432--B 2
1 the same has been removed contrary to [the last] section forty-two
2 hundred sixteen of this title, is guilty of a misdemeanor.
3 § 3. Section 4218 of the public health law, as amended by chapter 346
4 of the laws of 2006, is amended to read as follows:
5 § 4218. Opening graves. A person who opens a grave or other place of
6 interment, temporary or otherwise, or a building wherein the dead body
7 of a human being is deposited while awaiting burial, without authority
8 of law, with intent to remove the body, or any tissue, organ or part
9 thereof, for the purpose of selling it or demanding money for the same,
10 or for the purpose of dissection, or from malice or wantonness, or with
11 intent to steal or remove the coffin or any part thereof, or anything
12 attached thereto, or any vestment, or other article interred, or
13 intended to be interred with the dead body, is guilty of a class D felo-
14 ny.
15 § 4. The commissioner of health, in consultation with the transplant
16 council as provided for in section 4361 of the public health law, and
17 state and federal law enforcement agencies, shall promulgate regulations
18 to increase monitoring and enforcement of the provisions of title 2 of
19 article 42 and article 43-B of the public health law in relation to
20 unlawful dissection, procurement, storage and sale of human tissue,
21 organs and body parts for transplant.
22 § 5. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law.
