Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 www.njlaws.com
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Monday, February 26, 2007

New statute Imposes criminal penalties for certain actions concerning disposition of decedent's body parts

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
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
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website: www.njlaws.com
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