CHAPTER 569
An Act to amend and reenact § 32.1-288 of the Code of
Virginia, relating to disposition of dead bodies; how expenses paid.
[H 1661]
Approved March 25, 2011
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-288 of the Code of Virginia is
amended and reenacted as follows:
§ 32.1-288. Disposition of dead body; how expenses paid.
A. After any investigation authorized or required pursuant to
this article has been completed, including an autopsy if one is performed, the
sheriff or other person or institution having initial custody of the dead body
shall make good faith efforts, pursuant to § 32.1-283, to identify the next of
kin of the decedent, and the dead body may be claimed by the relatives or
friends of the deceased person for disposition. The claimant shall bear the
expenses of such disposition except as provided herein. If no person
claims the body, the Commissioner may accept the body for scientific study as provided
in Article 3 (§ 32.1-298 et seq.) of this chapter. If the Commissioner refuses
to accept the body for scientific study, the dead body shall be accepted by the
sheriff of the county or city where death occurred for proper disposition.
However, if the claimant is financially unable to pay the reasonable costs of
disposition of the body, the costs shall be borne (i) by the county or city in
which the deceased person resided at the time of death if the deceased person
was a resident of Virginia or (ii) by the county or city in which the death
occurred if the deceased person was not a resident of Virginia or the location
of the deceased person's residence cannot reasonably be determined.
B. Except If no person claims the body of a deceased
person, the Commissioner may accept the body for scientific study as provided
in Article 3 (§ 32.1-298 et seq.). If the Commissioner refuses to accept the
body for scientific study, the dead body shall be accepted by the sheriff of
the county or city where death occurred for proper disposition and, except
as provided in subsection C, the reasonable expenses of disposition of the body
incurred by such sheriff or by the claimant to the extent such claimant is
financially unable to pay them shall be borne (i) by the county or city
in which the deceased person resided at the time of death if the deceased
person was a resident of Virginia or (ii) by the county or city where death
occurred if the deceased person was not a resident of Virginia or the
location of the deceased person's residence cannot reasonably be determined,
or, if the deceased person was a resident of Virginia at the time of death, by
the county or city of residence. No However, no such expenses
shall be paid by such county or city until allowed by an appropriate court in
such county or city. If the deceased person has an estate out of which burial
expenses can be paid, either in whole or in part, such estate shall be taken
for such purpose.
C. In the case of a person who has been received into the
state corrections system and died prior to his release, whose body is unclaimed
and whose body the Commissioner refuses to accept for scientific study, the
Department of Corrections shall bear the reasonable expenses for cremation or
other disposition of the body. In the case of a person who has been received
into the state corrections system and died prior to his release and whose
claimant is financially unable to pay reasonable expenses of disposition, the
expenses shall be borne by the county or city where the claimant resides.
D. Unless such act, decision, or omission resulted from bad
faith or malicious intent, the Commissioner, the Chief Medical Examiner, the
funeral service establishment, funeral service licensee or registered crematory
shall be immune from civil liability for any act, decision, or omission
resulting from the acceptance of any dead body for cremation or other
disposition.
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