House
File
363
-
Reprinted
HOUSE
FILE
363
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
16)
(As
Amended
and
Passed
by
the
House
March
11,
2025
)
A
BILL
FOR
An
Act
relating
to
the
final
disposition
of
remains.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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363
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H.F.
363
Section
1.
Section
144C.5,
subsection
1,
unnumbered
1
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
2
The
Except
as
provided
in
subsection
4,
the
right
to
3
control
final
disposition
of
a
decedent’s
remains
or
to
make
4
arrangements
for
the
ceremony
after
a
decedent’s
death
vests
5
in
and
devolves
upon
the
following
persons
who
are
competent
6
adults
at
the
time
of
the
decedent’s
death,
in
the
following
7
order:
8
Sec.
2.
Section
144C.5,
Code
2025,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
4.
The
right
to
control
final
disposition
11
of
a
decedent’s
remains
or
to
make
arrangements
for
the
12
ceremony
after
a
decedent’s
death
shall
not
vest
in
or
devolve
13
upon
a
person
who
is
prohibited
from
acting
as
a
designee
14
pursuant
to
section
144C.8.
15
Sec.
3.
Section
144C.8,
Code
2025,
is
amended
to
read
as
16
follows:
17
144C.8
Forfeiture
of
designee’s
authority
to
control
.
18
A
designee
or
person
with
the
authority
to
control
under
19
this
chapter
shall
forfeit
all
rights
and
authority
under
a
20
declaration
,
or
by
operation
of
section
144C.5,
and
all
rights
21
and
authority
under
the
declaration
,
or
by
operation
of
section
22
144C.5,
shall
vest
in
and
devolve
upon
an
alternate
designee,
23
or
if
there
is
none,
vest
in
and
devolve
pursuant
to
section
24
144C.5
,
under
either
of
the
following
circumstances:
25
1.
The
designee
or
person
with
the
authority
to
control
26
under
this
chapter
is
charged
with
murder
in
the
first
or
27
second
degree
or
voluntary
manslaughter
in
connection
with
the
28
declarant’s
death
and
those
charges
are
known
to
a
third
party.
29
2.
The
designee
or
person
with
the
authority
to
control
30
under
this
chapter
does
not
exercise
the
designee’s
authority
31
under
the
declaration
within
twenty-four
hours
of
receiving
32
notification
of
the
death
of
the
declarant
or
within
forty
33
hours
of
the
declarant’s
death,
whichever
is
earlier.
34
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