Bill Text: PA HB964 | 2009-2010 | Regular Session | Introduced

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Bill Title: In ownership of property and legal title and equitable estate, further providing for right to dispose of a decedent's remains.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Introduced - Dead) 2009-03-17 - Referred to JUDICIARY [HB964 Detail]

Download: Pennsylvania-2009-HB964-Introduced.html

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PRINTER'S NO. 1101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 964 Session of2009
INTRODUCED BY ARGALL, BARRAR, CREIGHTON, DENLINGER, GEIST, HARHAI, HARHART, HARRIS, HENNESSEY, KORTZ, MUNDY, SIPTROTH AND WANSACZ, MARCH 17, 2009
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2009
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in ownership of property
and legal title and equitable estate, further providing for
right to dispose of a decedent's remains.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "contrary intent" in section
305(e) of Title 20 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding a subsection to
read:
§ 305. Right to dispose of a decedent's remains.
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(d.1) Limitation of liability.--
(1) A person who acts in good faith in accordance with
the provisions of this section relating to the final
disposition of a decedent's remains shall not be subject to
criminal or civil liability arising from any action taken by
the person relating to the final disposition.
(2) The immunity provided by paragraph (1) shall not
extend to a person if damages result from the gross
negligence, recklessness or intentional misconduct of the
person relating to the final disposition of a decedent's
remains.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Contrary intent." An explicit and sincere expression,
either verbal or written, of a decedent adult or emancipated
minor prior to death and not subsequently revoked that a person
other than the one authorized by this section determine the
final disposition of his remains. The term also includes a
written expression of a decedent adult or emancipated minor that
provides for the manner of final disposition of his remains.
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Section 2. This act shall take effect in 60 days.
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