                                 CODE OF VIRGINIA

IDENTIFICATION OF DECEDENT, NEXT OF KIN; DISPOSITION OF CLAIMED DEAD BODY (§
32.1-309.1)

A. As used in this chapter, unless the context requires a different meaning:
			&#8220;Disposition&#8221; means the burial, interment, entombment, cremation,
or other authorized disposition of a dead body permitted by law.
			&#8220;Next of kin&#8221; has the same meaning assigned to it in &#xA7;
54.1-2800.

B. In the absence of a next of kin, a person designated to make arrangements for
disposition of the decedent&#8217;s remains pursuant to &#xA7; 54.1-2825, an
agent named in an advance directive pursuant to &#xA7; 54.1-2984, or any
guardian appointed pursuant to Chapter 20 (&#xA7; 64.2-2000 et seq.) of Title
64.2 who may exercise the powers conferred in the order of appointment or by
&#xA7; 64.2-2019, or upon the failure or refusal of such next of kin, designated
person, agent, or guardian to accept responsibility for the disposition of the
decedent, then any other person 18 years of age or older who is able to provide
positive identification of the deceased and is willing to pay for the costs
associated with the disposition of the decedent&#8217;s remains shall be
authorized to make arrangements for such disposition of the decedent&#8217;s
remains. If a funeral service establishment or funeral service licensee makes
arrangements with a person other than a next of kin, designated person, agent,
or guardian in accordance with this section, then the funeral service licensee
or funeral service establishment shall be immune from civil liability unless
such act, decision, or omission resulted from bad faith or malicious intent.

C. Upon the death of any person, irrespective of the cause and manner of death,
and irrespective of whether a medical examiner&#8217;s investigation is required
pursuant to &#xA7; 32.1-283 or 32.1-285.1, the person or institution having
initial custody of the dead body shall make good faith efforts to determine the
identity of the decedent, if unknown, and to identify and notify the next of kin
of the decedent regarding the decedent&#8217;s death. If, upon notification of
the death of the decedent, the next of kin of the decedent or other person
authorized by law to make arrangements for disposition of the decedent&#8217;s
remains is willing and able to claim the body, the body may be claimed by the
next of kin or other person authorized by law to make arrangements for
disposition of the decedent&#8217;s remains for disposition, and the claimant
shall bear the expenses of such disposition. If the next of kin of the decedent
or other person authorized by law to make arrangements for disposition of the
decedent&#8217;s remains fails or refuses to claim the body within 10 days of
receiving notice of the death of the decedent, the body shall be disposed of in
accordance with &#xA7; 32.1-309.2.

D. If the person or institution having initial custody of the dead body is
unable to determine the identity of the decedent or to identify and notify the
next of kin of the decedent regarding the decedent&#8217;s death, the person or
institution shall contact the primary law-enforcement agency for the locality in
which the person or institution is located, which shall make good faith efforts
to determine the identity of the decedent and to identify and notify the next of
kin of the decedent. However, in cases in which the identity of the decedent and
the county or city in which the decedent resided at the time of death are known,
the person or institution having initial custody of the dead body shall notify
the primary law-enforcement agency for the county or city in which the decedent
resided regarding the decedent&#8217;s death, and the law-enforcement agency for
the county or city in which the decedent resided shall make good faith efforts
to identify and notify the next of kin of the decedent.
			If the identity of the decedent is known to the primary law-enforcement
agency or the primary law-enforcement agency is able to identify the decedent,
the primary law-enforcement agency is able to identify and notify the next of
kin of the decedent or other person authorized by law to make arrangements for
disposition of the decedent&#8217;s remains, and the next of kin of the decedent
or other person authorized by law to make arrangements for disposition of the
decedent&#8217;s remains is willing and able to claim the body, the body may be
claimed by the next of kin or other person authorized by law to make
arrangements for disposition of the decedent&#8217;s remains for disposition,
and the claimant shall bear the expenses of such disposition.
			If the identity of the decedent is known or the primary law-enforcement
agency is able to determine the identity of the decedent but the primary
law-enforcement agency is unable, despite good faith efforts, to identify and
notify the decedent&#8217;s next of kin or other person authorized by law to
make arrangements for disposition of the decedent&#8217;s remains within 10 days
of the date of contact by the person or institution having initial custody of
the dead body, or the primary law-enforcement agency is able to identify and
notify the decedent&#8217;s next of kin or other person authorized by law to
make arrangements for disposition of the decedent&#8217;s remains but the next
of kin or other person authorized by law to make arrangements for disposition of
the decedent&#8217;s remains fails or refuses to claim the body within 10 days,
the primary law-enforcement agency shall notify the person or institution having
initial custody of the dead body, and the body shall be disposed of in
accordance with &#xA7; 32.1-309.2.

E. In cases in which a dead body is claimed by the decedent&#8217;s next of kin
or other person authorized by law to make arrangements for disposition of the
decedent&#8217;s remains but the next of kin or other person authorized by law
to make arrangements for disposition of the decedent&#8217;s remains is unable
to pay the reasonable costs of disposition of the body and the costs are paid by
the county or city in which the decedent resided or in which the death occurred
in accordance with this section, and the decedent has an estate out of which
disposition expenses may be paid, in whole or in part, such assets shall be
seized for such purpose.

F. No dead body that is the subject of an investigation pursuant to &#xA7;
32.1-283 or autopsy pursuant to &#xA7; 32.1-285 shall be transferred for
purposes of disposition until such investigation or autopsy has been completed.

G. Any sheriff or primary law-enforcement officer, county, city, health care
provider, funeral service establishment, funeral service licensee, or other
person or institution that acts in accordance with the requirements of this
chapter shall be immune from civil liability for any act, decision, or omission
resulting from acceptance and disposition of the dead body in accordance with
this section, unless such act, decision, or omission resulted from bad faith or
malicious intent.

H. Nothing in this section shall prevent a law-enforcement agency other than the
primary law-enforcement agency from performing the duties established by this
section if so requested by the primary law-enforcement agency and agreed to by
the other law-enforcement agency.

HISTORY: 2014, c. 228; 2015, cc. 658, 670.