A 3260 — Authorizes cremation of unclaimed dead bodies and interment of cremains by counties.*

A3260 1R [First Reprint] ASSEMBLY, No.

Assemblyman Scharfenberger         SYNOPSIS      Authorizes cremation of unclaimed dead bodies by counties and storageinterment of unclaimedcremains bodies by hospitals.counties.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe byAssembly LegislativeOversight, Counsel.Reform and Federal Relations Committee on September 10, 2026, with amendments.

   An ActAct concerning concerning the disposal of unclaimed 1dead1 bodies and amending N.J.S.40A:9-491[N.J.S.40A:9-49 and N.J.S.40A:9-54.N.J.S.40A:9-54] and supplementing Title 40A of the Revised Statutes1.

            1.   1.   N.J.S.40A:9-49 is amended to read as follows:

          40A:9-49.  40A:9-49.  Pursuant to section 22 of P.L.2003, c.261 (C.45:27-22), the county or intercounty medical examiner or assistant county or intercounty medical examiner, upon taking charge of unidentified or unclaimed dead bodies, shall make burial arrangements.  Notwithstanding any other law, rule, or regulation to the contrary, cremation arrangements shall also be made available as an option for unclaimed bodies.1dead1 bodies.  If the decedent left an ascertainable estate able to pay for the burial or cremation, the cost thereof certified by the official in charge shall be payable out of such estate.  If the decedent left no ascertainable estate able to pay for the burial or cremation, the cost of burial or cremation shall be borne:

 If      a.   if the decedent leftwas an ascertainableadult estateor ableemancipated tochild paywith forsurviving thespouse, burialby or cremation, the costsurviving thereofspouse, certified      byb.   if the officialdecedent inwas chargean shallunemancipated bechild payablewith outa ofsurviving suchparent, estate. by If the decedentsurviving leftparent, noor ascertainable      estatec.   ableif tothere payis forno thesurviving burialspouse or cremation,parent, theas costapplicable, ofby burialthe orcounty. cremation shall be borne:

     a.     if the decedent was an adult or emancipated child with surviving spouse, by the surviving spouse,      b.    if the decedent was an unemancipated child with a surviving parent, by the surviving parent, or      c.     if there is no surviving spouse or parent, as applicable, by the county.

P.L.2018, c.62, s.40)        2.   1[2. N.J.S.40A:9-54 is amended to read as follows:

N.J.S.40A:9-54 is amended to read as follows:

P.L.2018, c.62, s.43)s.43)]1       3.         This12.  actN.J.S.40A:9-54 shallis takeamended effectto immediately.read as follows:

        40A:9-54.  STATEMENT[Unidentified  or      This bill amends current law regarding unclaimed bodies. dead Specifically,bodies ashall county is given the option under the bill to cremate an unclaimed body and is assigned responsibility for payment of the cremation.  The bill also stipulates that cremains are to be retainedviewed by a medical examiner’s office for at least one year from the datecounty ofor theintercounty cremation. medical Afterexaminer oneor year,by the cremainsassistant maycounty be interred.  Additionally, the bill updates current law by allowing storage of an unclaimed dead body by a hospital or intercounty medical examiner. examiner, The body may be, at the expense of the county, buried by a morgue keeper or cremated if, after 30 days, it remains unclaimed.  Lastly, if an individual makes a validregularly claimlicensed toand apracticing bodyphysician ordeputized cremainsfor alreadythat buried,purpose theby individual is to incur the costcounty ofor disinterment. intercounty If the medical examiner is to conduct an investigation on a body, any disinterment is to be paid for by the medical examiner.

Thereafter, the] a.

A dead body shall be deemed unclaimed if, after 30 days from the time the dead body is identified or pronounced deceased, whichever is later:

      (1)  no next of kin is identified or located;

      (2)  next of kin fails to respond to notice after being identified and located;

      (3)  all next of kin, other than those addressed in N.J.S.40A:9-49, decline to claim possession of the dead body;

or       (4)  any other person who is authorized pursuant to section 22 of P.L.2003, c.261 (C.45:27-22) to claim the dead body declines to do so.

        b.   (1) An unclaimed dead body shall be buried by the morgue keeper at the expense of the county, or cremated at the expense of the county.

        (2)  Cremains of the unclaimed dead body shall be retained by a medical examiner’s office for at least one year from the date of the cremation.  After one year, the cremains may be interred.

      c.   (1) If an individual makes a valid claim to an unclaimed dead body or cremains already interred, the individual shall incur the cost of the disinterment.

      (2)  If an investigation needs to be conducted by the medical examiner on an unclaimed dead body or cremains already interred, any disinterment shall be paid for by the medical examiner.1 (cf:

P.L.2018, c.62, s.43)         13.

(New section)  As used in chapter 9 of Title 40A of the New Jersey Statutes:

      “Unclaimed dead body” means all or part of a dead human being that is not identified, located, or claimed.1        1[3.]  4.1    This act shall take effect immediately.