An Amendment Concerning Human Body Parts
LAWS OF NEW YORK, 2010
AN ACT to amend the public health law, in relation to unlawful
dissection, procurement, and sale of human tissue, organs or body
Became a law August 13, 2010, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Section 4216 of the public health law, as amended by chap-
ter 346 of the laws of 2006, is amended to read as follows:
§ 4216. Body stealing. A person who removes the dead body of a human
being, or any tissue, organ or part thereof from a grave, vault, or
other place, where the same has been buried, or from a place where the
same has been deposited while awaiting burial, without authority of law,
with intent to sell the same, or for the purpose of dissection, or for
the purpose of procuring a reward for the return of the same, or from
malice or wantonness, is guilty of a class D felony.
§ 2. Section 4217 of the public health law, as added by chapter 1031
of the laws of 1965, is amended to read as follows:
§ 4217. Receiving stolen body of a human being. A person who
purchases, or receives except for the purpose of burial, the dead body
of a human being, or any tissue, organ, or part thereof, knowing that
the same has been removed contrary to [
the last] section forty-two
hundred sixteen of this title, is guilty of a misdemeanor.
§ 3. Section 4218 of the public health law, as amended by chapter 346
of the laws of 2006, is amended to read as follows:
§ 4218. Opening graves. A person who opens a grave or other place of
interment, temporary or otherwise, or a building wherein the dead body
of a human being is deposited while awaiting burial, without authority
of law, with intent to remove the body, or any tissue, organ or part
thereof, for the purpose of selling it or demanding money for the same,
or for the purpose of dissection, or from malice or wantonness, or with
intent to steal or remove the coffin or any part thereof, or anything
attached thereto, or any vestment, or other article interred, or
intended to be interred with the dead body, is guilty of a class D felo-
§ 4. The commissioner of health, in consultation with the transplant
council as provided for in section 4361 of the public health law, and
state and federal law enforcement agencies, shall promulgate regulations
to increase monitoring and enforcement of the provisions of title 2 of
article 42 and article 43-B of the public health law in relation to
unlawful dissection, procurement, storage and sale of human tissue,
organs and body parts for transplant.
§ 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
MALCOLM A. SMITH
EXPLANATION--Matter in italics is new; matter in brackets [