THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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.