BILL REQ. #:  S-4594.2 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to disposition of human remains; and amending RCW 68.50.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 68.50.160 and 2007 c 156 s 24 are each amended to read as follows:
     (1) A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent's wishes regarding the place or method of disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.
     (2) Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority, under RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW are not subject to cancellation or substantial revision by survivors. Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or cemetery authority shall not be held criminally nor civilly liable for acting upon such prearrangements.
     (3) If the decedent has not made a prearrangement as set forth in subsection (2) of this section or the costs of executing the decedent's wishes regarding the disposition of the decedent's remains exceeds a reasonable amount or directions have not been given by the decedent, the right to control the disposition of the remains of a deceased person vests in, and the duty of disposition and the liability for the reasonable cost of preparation, care, and disposition of such remains devolves upon the following in the order named:
     (a) The surviving spouse or state registered domestic partner.
     (b) The surviving adult children of the decedent.
     (c) The surviving parents of the decedent.
     (d) The surviving siblings of the decedent.
     (e) A person acting as a representative of the decedent under the signed authorization of the decedent.
     (4)(a) There shall exist an action known as a petition for relinquishment of the right to control the disposition of human remains. The action may only be filed when the person to whom the right of control has vested pursuant to subsection (3) of this section has been arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death.
     (b) A petition for relinquishment of the right to control the disposition of human remains may only be filed by the party to which the right to control the disposition would next vest pursuant to subsection (3) of this section. A party must file such petition with the clerk of the superior court in the county in which the respondent is in custody within seven days of the arrest or charge, whichever occurs first, as described under (a) of this subsection. Upon receipt of the petition, the court shall order a hearing, which shall be held not later than seven court days from the date that the petition was filed, and enjoin the respondent from exercising his or her rights under subsection (3) of this section pending the judicial disposition of the petition. Personal service shall be made upon the respondent not less than five court days before the hearing.
     (c) A petition for relinquishment of the right to control the disposition of human remains shall allege:
     (i) The petitioner is the party to which the right to control the disposition would next vest pursuant to subsection (3) of this section;
     (ii) Facts supporting the petitioner's relationship to the deceased;
     (iii) The legal relationship of the deceased to the respondent; and
     (iv) Good cause why the court should grant the petition. Good cause may include a showing of the emotional distress to the petitioner if the decision to control the disposition of human remains is made by the person arrested or charged with the decedent's death. Good cause may also include facts regarding the history of the personal relationship between both the decedent and the person arrested or charged with his or her killing, and the decedent and the petitioner.
     (d) No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this subsection.
     (e) No result from a hearing on the petition for relinquishment of the right to control the disposition of human remains is admissible in a criminal proceeding related to the death of the decedent.
     (5) If a cemetery authority as defined in RCW 68.04.190 or a funeral establishment licensed under chapter 18.39 RCW has made a good faith effort to locate the person cited in subsection (3)(a) through (e) of this section or the legal representative of the decedent's estate, the cemetery authority or funeral establishment shall have the right to rely on an authority to bury or cremate the human remains, executed by the most responsible party available, and the cemetery authority or funeral establishment may not be held criminally or civilly liable for burying or cremating the human remains. In the event any government agency provides the funds for the disposition of any human remains and the government agency elects to provide funds for cremation only, the cemetery authority or funeral establishment may not be held criminally or civilly liable for cremating the human remains.
     (((5))) (6) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent in the same degree of kindred, in the order listed in subsection (3) of this section, and upon the estate of the decedent.