Report Title:

Dead Bodies; Prohibitions; Penalty

 

Description:

Adds to the prohibition against buying dead human bodies, the selling of dead human bodies.  Defines the term "dead human body" to include plastinated bodies and body parts.  Increases the fine for buying or selling a dead human body to up to $5,000.  Effective July 1, 2050.  (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

28

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DEAD HUMAN BODIES.

 

 

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

 

     SECTION 1.  Section 327-38, Hawaii Revised Statutes, is amended to read as follows:

     "§327-38  Prohibitions; penalty.  (a)  No person shall give, offer, or promise any money or other things of value to any other person in consideration of receiving a dead human body.

     (b)  No person shall provide a dead human body to any other person in consideration of any money or other thing of value, or any offer or promise of money or other thing of value.

     (c)  As used in this section, "dead human body":

     (1)  Means a lifeless human body, or any part of a lifeless human body, including the bones thereof, from the state of which it reasonably may be concluded that death recently occurred; and

     (2)  Also includes plastinated human bodies or remains, including tissue, organs, and other body parts, that are preserved from decay by replacing the water and fats in the human remains with a polymer.

     [(b)] (d)  No university, hospital, or institution shall use a body received under this part for any purpose except medical education and research.

     [(c)] (e)  Any person who violates this section shall be fined not more than [$1,000] $5,000 or imprisoned not more than one year, or both."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.