HB 1234-3_ Filed 02/16/2010, 08:56 Deig

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1234 be amended to read as follows:

SOURCE: Page 1, line 1; (10)MO123405.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 25-15-2-24; (10)MO123405.1. -->     "SECTION 1. IC 25-15-2-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. "Protection order" means an injunction or other order issued by a tribunal of the issuing state or Indian tribe to prevent an individual from:
        (1) engaging in violent or threatening acts against;
        (2) engaging in harassment of;
        (3) engaging in contact or communication with; or
        (4) being in physical proximity to;
another person, including temporary and final orders issued by civil and criminal courts.

SOURCE: IC 25-15-9-18; (10)MO123405.2. -->     SECTION 2. IC 25-15-9-18, AS AMENDED BY P.L.143-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. (a) Except as provided in subsection (b), the following persons, in the order of priority indicated, have the authority to designate the manner, type, and selection of the final disposition and interment of human remains:
        (1) An individual granted the authority in a funeral planning declaration executed by the decedent under IC 29-2-19.
        (2) An individual granted the authority in a health care power of attorney executed by the decedent under IC 30-5-5-16.
        (3) The individual who was the spouse of the decedent at the time of the decedent's death.
        (4) The decedent's surviving adult child. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the licensed funeral director or licensed funeral home receives a written objection from another adult child.
        (5) The decedent's surviving parent. If the decedent is survived by

both parents, either parent has the authority unless the licensed funeral director or licensed funeral home receives a written objection from the other parent.
        (6) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree survives, any person of that degree has the authority unless the licensed funeral director or licensed funeral home receives a written objection from one (1) or more persons of the same degree.
        (7) In the case of an indigent or other individual whose final disposition is the responsibility of the state or township, the following:
            (A) If none of the persons identified in subdivisions (1) through (6) is available:
                (i) a public administrator, including a responsible township trustee or the trustee's designee; or
                (ii) the coroner.
            (B) A state appointed guardian.
    (b) If:
        (1) the death of the decedent appears to have been the result of:
            (A) murder (IC 35-42-1-1);
            (B) voluntary manslaughter (IC 35-42-1-3); or
            (C) another criminal act, if the death does not result from the operation of a vehicle; and
        (2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or designate the manner, type, or selection of the final disposition and internment of human remains.
     (c) If the coroner, the funeral director, the crematory authority, or the cemetery representative, in consultation with:
        (1) the law enforcement agency investigating the death of the decedent; or
        (2) any other individual with knowledge of a protection order;
determines that the decedent had filed a protection order against the person described in subsection (a) and the protection order is currently in effect, the person described in subsection (a) may not authorize or designate the manner, type, or selection of the final disposition and internment of human remains.

    (c) (d) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, the funeral director, the crematory authority, or the cemetery representative shall inform the cemetery owner or crematory authority of the determination under subsection (b)(2) or subsection (c).
     (e) If a coroner, funeral director, crematory authority, or

cemetery representative is notified of the existence of a protection order that is currently in effect under subsection (c) by an individual who is not a law enforcement officer, the coroner, funeral director, crematory authority, or cemetery representative shall consult with a law enforcement agency to determine the existence of a protection order that is in effect. If the law enforcement agency cannot determine the existence of a protection order that is in effect, the law enforcement agency shall consult the protective order registry established under IC 5-2-9-5.5.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1234 as printed February 12, 2010.)

________________________________________

Senator DEIG


MO123405/DI 107
2010