2. New statute Imposes criminal penalties for certain actions concerning disposition of decedent's body parts. S-2032/A-3016 (Buono, Vitale/Vainieri Huttle, Conaway, Bodine, Quigley, Greenstein) -
As amended by the committee, this bill imposes criminal penalties for certain actions concerning the disposition of a human decedent's body parts. Specifically:
A person who knowingly, for valuable consideration, purchases or sells a human body part for transplantation or therapy that was intended by the decedent to be donated after death, is guilty of a crime of the third degree (punishable by a fine of up to $50,000, three to five years imprisonment, or both).
This bill does not preclude a person from charging a reasonable amount for removing, processing, disposing, preserving, maintaining quality control, storing, transporting, or implanting a human body part.
A person who intentionally falsifies, forges, conceals, defaces, or obliterates a document by which a gift of all or part of a human body may be made pursuant to the "Uniform Anatomical Gift Act" (N.J.S.A. 26:6-57 et seq.), amends or revokes such a document, or any death record or document of medical or social history pertaining to the body or part of the donor, or a refuses to make a gift, in order to obtain a financial benefit or gain, is guilty of a crime of the second degree (punishable by a fine of up to $50,000, imprisonment for five to 10 years, or both).
· The bill also amends N.J.S.A. 2C:20-2 to make it a crime of the first degree (punishable by a fine of up to $200,000, imprisonment for 10 to 20 years, or both) to steal human remains by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to the "Uniform Anatomical Gift Act."
http://www.njleg.state.nj.us/2006/Bills/S2500/2032_S1.HTM
3 Recent cases: Confession made after arrest warrant admissible. State v. Bell 388 N.J. Super. 629 (App. Div. 2006)
Where police arrested defendant pursuant to an arrest warrant but without a search warrant for the third party's residence in which they found him, his confession, made later at the police station, need not be suppressed. Source: NJ Law Journal November 27, 2006
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