Senate committee advances bill to deter abuse of a corpse
Committee Chair Sen. Brandon J. Storm, R-London, testifies Thursday on Senate Bill 221 during a Senate Judiciary Committee meeting. A high-res version is available here.
FRANKFORT — Legislation seeking to strengthen Kentucky law against abuse of a corpse advanced unanimously Thursday during a Senate Judiciary Committee meeting.
Senate Bill 221 would make clear that knowingly purchasing, selling, transferring or offering to purchase, sell or transfer a corpse or part of one after the corpse has been authorized for cremation or burial would be a class D felony in the commonwealth.
Committee Chair Brandon J. Storm, R-London, is sponsoring the bill. He pointed to news stories about body parts being harvested and sold inappropriately and illegally because the decedent didn’t consent to have their body parts used for scientific study or other purposes.
When individuals do not consent to have their body parts studied, “this would prohibit individuals from selling those body parts, and there’s been numerous cases throughout the United States,” Storm said.
Storm pointed to a 2023 case in Little Rock, Ark. involving federal charges stemming from the interstate sale of human remains.
Sen. Michael J. Nemes, R-Shepherdsville, asked if it isn’t already against the law to “sell something you don’t own.”
Storm said it should be. The bill provides a cautionary approach in case the question is raised when someone dies, he said.
Sen. Phillip Wheeler, R-Pikeville, said his father once purchased a medical practice that was in possession of human skulls. He asked if the proposed legislation would make it a felony to transfer such items when the source is unknown and the items have become more like historical objects.
“I don’t know if we would potentially – unintentionally – create a felon by a circumstance like that,” Wheeler said.
Storm said that situation is different than one involving a corpse or parts of a corpse that have been scheduled for final disposition through burial or cremation.
“I think in your situation it refers to a relic of the past, perhaps, and this would be referring to individuals who were authorized for final disposition through cremation or burial. So, we’re trying to make sure we’ve very tight on that,” he said.
Sen. Aaron Reed, R-Shelbyville, asked how the bill relates to a fetus being aborted or any other reason of death.
“Would this also pertain to that?” he said.
Storm said the case in Arkansas involved the sale of varying types of organs and other body parts and the intention of the bill is to ensure corpses aren’t abused in Kentucky.
“What we’re trying to make sure is that that’s not occurring here in the commonwealth. But your question is an excellent question,” he said. “If, I think, it had been authorized for final dispositions or cremation or burial, very likely that would qualify under this statute,” he said.
The bill now heads to the full Senate for consideration.
