VirginiaHB3812026 Regular SessionHouse

Investigation or autopsy of dead bodies; notification of retention of whole organ.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Investigation or autopsy of dead bodies; Office of the Chief Medical Examiner; notification of retention of whole organ. Requires the Office of the Chief Medical Examiner to inform through written communication a decedent's next of kin, other person authorized by law to make arrangements for the disposition of a decedent's remains, or funeral service establishment or funeral service licensee if an investigation or autopsy requires the retention of any whole organ of a dead body. If the Office of the Chief Medical Examiner provides written notification to the funeral service establishment or funeral service licensee, the bill requires such establishment or licensee to provide such written notification to the decedent's next of kin or other person authorized by law to make arrangements for the disposition of the decedent's remains.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Legal protections when following these rules

Sheriffs, police, counties, cities, health care providers, and funeral homes are protected from civil lawsuits when they follow these rules. They are not protected for bad faith or malicious acts. Funeral homes are also protected when they arrange with a non-kin adult authorized by this law.

County or city recovers costs from estate

If a county or city pays for a funeral or cremation because family cannot, it can recover the money from the estate. This applies only if the decedent left assets that can pay these costs. Recovery reduces what heirs and beneficiaries receive.

Rules to identify and notify families

Hospitals, morgues, and others who first hold a body must try in good faith to learn the person’s identity and tell the next of kin. If they cannot, they must contact the primary local police; if the person’s residence is known, they must notify police where the person lived. Families or other authorized people have 10 days after notice to claim the body, and the claimant pays the reasonable costs. If no one is found or no one claims within 10 days, the locality follows state unclaimed body procedures. Police agencies can ask another agency to do these duties if both agree.

Who can arrange a funeral

The law sets a clear order for who decides about burial or cremation. Next of kin decide first. If they are not available or refuse, a named person in a remains designation, an agent in an advance directive, or a court-appointed guardian may decide. If none step up, any adult who can identify the decedent and is willing to pay the costs may arrange the disposition.

Autopsy holds and organ notice

A body cannot be transferred for burial or cremation while an investigation or autopsy is underway. Transfer happens only after it is finished. When a whole organ is kept during an autopsy, the Medical Examiner must give written notice when the body is released. If the office tells the funeral home, the funeral home must give that written notice to the family. Funeral homes are not liable for missed notice unless they acted in bad faith or with malice.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 219 • No: 1

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Reported from Education and Health

Yes: 15 • No: 0

House vote 1/28/2026

Read third time and passed House

Yes: 97 • No: 0

House vote 1/22/2026

Reported from Health and Human Services with substitute

Yes: 21 • No: 1

House vote 1/20/2026

Subcommittee recommends reporting with substitute

Yes: 9 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0127)

    4/6/2026Governor
  2. Approved by Governor-Chapter 127 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB381)

    3/5/2026House
  6. Bill text as passed House and Senate (HB381ER)

    3/5/2026House
  7. Enrolled

    3/5/2026House
  8. Signed by President

    3/5/2026Senate
  9. Signed by Speaker

    3/5/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  11. Read third time

    3/2/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  14. Rules suspended

    2/27/2026Senate
  15. Reported from Education and Health (15-Y 0-N)

    2/26/2026Senate
  16. Assigned Education sub: Health

    2/24/2026Senate
  17. Referred to Committee on Education and Health

    1/29/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    1/29/2026Senate
  19. Read third time and passed House (97-Y 0-N 0-A)

    1/28/2026House
  20. Engrossed by House - committee substitute

    1/27/2026House
  21. committee substitute agreed to

    1/27/2026House
  22. Read second time

    1/27/2026House
  23. Read first time

    1/26/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB381)

    1/26/2026House
  25. Committee substitute printed 26105443D-H1

    1/25/2026House

Bill Text

Related Bills

Back to State Legislation