New York S 505: Relates to concealment and/or mutilation of a human corpse

Bill Text

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S00505 Summary:

BILL NOS00505 

&nbsp

SAME ASSAME AS A05218

&nbsp

SPONSORPALUMBO

&nbsp

COSPNSRCANZONERI-FITZPATRICK, MARTINS, MATTERA, MURRAY, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §195.02, Pen L; amd §§510.10, 530.20 & 530.40, CP L

&nbsp

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

Go to top S00505 Actions:

BILL NOS00505 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00505 Committee&nbspVotes:

Go to topS00505 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00505 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 505

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. PALUMBO, CANZONERI-FITZPATRICK, MARTINS, MATTERA,
 MURRAY, RHOADS -- read twice and ordered printed, and when printed to
 be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to concealment and/or mutila-
 tion of a human corpse; and to amend the criminal procedure law, in
 relation to authorizing bail for principals charged with concealment
 and/or mutilation of a human corpse

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 195.02 of the penal law, as added by chapter 242 of
 2 the laws of 2015, is amended to read as follows:
 3 § 195.02 Concealment and/or mutilation of a human corpse.
 4 A person is guilty of concealment and/or mutilation of a human corpse
 5 when[, having a reasonable expectation that a human corpse or a part
 6 thereof will be produced for or used as physical evidence in: (a) an
 7 official proceeding; (b) an autopsy as part of a criminal investigation;
 8 or (c) an examination by law enforcement personnel as part of a criminal
 9 investigation;] such person, alone or in concert with another, conceals,
 10 alters, mutilates and/or destroys such corpse or part thereof [with the
 11 intent to prevent its production, use or discovery]. The provisions of
 12 this section shall not apply to an individual or entity authorized to
 13 accept an anatomical gift pursuant to section forty-three hundred two of
 14 the public health law or to the lawful activities of a funeral director,
 15 undertaker or embalmer under article thirty-four of the public health
 16 law.
 17 Concealment and/or mutilation of a human corpse is a class E felony.
 18 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 19 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 20 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 21 2022, are amended and a new paragraph (v) is added to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02153-01-5

 S. 505 2

 1 (t) any felony or class A misdemeanor involving harm to an identifi-
 2 able person or property, or any charge of criminal possession of a
 3 firearm as defined in section 265.01-b of the penal law, where such
 4 charge arose from conduct occurring while the defendant was released on
 5 [his or her] such defendant's own recognizance, released under condi-
 6 tions, or had yet to be arraigned after the issuance of a desk appear-
 7 ance ticket for a separate felony or class A misdemeanor involving harm
 8 to an identifiable person or property, or any charge of criminal
 9 possession of a firearm as defined in section 265.01-b of the penal law,
 10 provided, however, that the prosecutor must show reasonable cause to
 11 believe that the defendant committed the instant crime and any underly-
 12 ing crime. For the purposes of this subparagraph, any of the underlying
 13 crimes need not be a qualifying offense as defined in this subdivision.
 14 For the purposes of this paragraph, "harm to an identifiable person or
 15 property" shall include but not be limited to theft of or damage to
 16 property. However, based upon a review of the facts alleged in the accu-
 17 satory instrument, if the court determines that such theft is negligible
 18 and does not appear to be in furtherance of other criminal activity, the
 19 principal shall be released o