32.1-288 - Disposition of dead body; how expenses paid.
§ 32.1-288. Disposition of dead body; how expenses paid.
A. After any investigation authorized or required pursuant to this articlehas been completed, including an autopsy if one is performed, the sheriff orother person or institution having initial custody of the dead body shallmake good faith efforts, pursuant to § 32.1-283, to identify the next of kinof the decedent, and the dead body may be claimed by the relatives or friendsof the deceased person for disposition. The claimant shall bear the expensesof such disposition except as provided herein. If no person claims the body,the Commissioner may accept the body for scientific study as provided inArticle 3 (§ 32.1-298 et seq.) of this chapter. If the Commissioner refusesto accept the body for scientific study, the dead body shall be accepted bythe sheriff of the county or city where death occurred for proper disposition.
B. Except as provided in subsection C, the reasonable expenses of dispositionof the body incurred by such sheriff or by the claimant to the extent suchclaimant is financially unable to pay them shall be borne by the county orcity where death occurred, or, if the deceased person was a resident ofVirginia at the time of death, by the county or city of residence. No suchexpenses shall be paid by such county or city until allowed by an appropriatecourt in such county or city. If the deceased person has an estate out ofwhich burial expenses can be paid, either in whole or in part, such estateshall be taken for such purpose.
C. In the case of a person who has been received into the state correctionssystem and died prior to his release, whose body is unclaimed and whose bodythe Commissioner refuses to accept for scientific study, the Department ofCorrections shall bear the reasonable expenses for cremation or otherdisposition of the body. In the case of a person who has been received intothe state corrections system and died prior to his release and whose claimantis financially unable to pay reasonable expenses of disposition, the expensesshall be borne by the county or city where the claimant resides.
D. Unless such act, decision, or omission resulted from bad faith ormalicious intent, the Commissioner, the Chief Medical Examiner, the funeralservice establishment, funeral service licensee or registered crematory shallbe immune from civil liability for any act, decision, or omission resultingfrom the acceptance of any dead body for cremation or other disposition.
(Code 1950, § 32-31.21; 1960, c. 366; 1968, c. 713; 1975, c. 475; 1979, c.711; 1992, c. 128; 1995, c. 532; 2005, c. 905.)