Requires the state to pay for independent autopsies at the request of the next of kin of incarcerated individuals who die in the custody of the department of corrections and community supervision.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7880
SPONSOR: Gibbs TITLE OF BILL:
An act to amend the correction law, in relation to requiring the state
to pay for independent autopsies of incarcerated individuals who die in
custody
PURPOSE OR GENERAL IDEA OF BILL:
The bill would require the state to pay for the costs associated with
hiring an independent
SUMMARY OF PROVISIONS:
Section 1 amends Section 16 of the correction law by adding a new subdi-
vision 3 that requires the reasonable expense of an independent autopsy
be a state charge and sets that the next of kin may request and shall be
granted an autopsy after receipt of the death certificate
Section 2 sets that this act shall take effect immediately
JUSTIFICATION:
Dealing with the death of a loved one is always tough. However, when
someone dies while in the custody or under the supervision of the
government, that adds additional layers of complexity, especially if
there is a possibility that such death was caused by the actions or
failure to act of the government and its employees. When this happens,
the next of kin has to navigate the process while wondering whether the
government is partner for justice, or the adversary focused on protect-
ing themselves.
This bill seeks to provide some comfort to the family of the deceased by
covering the cost for an independent autopsy to be conducted when some-
one dies in DOCCS custody. This removes the current system where, if a
family isn't wealthy enough, they need to promise to sue the state to
have their lawyer front the cost against any awards or settlements. It
also protects the state from being deceived by employees trying to cover
their own malfeasance. Families, especially those dealing with the
complexities of having a family member incarcerated, should not be taken
advantage of or worried about a cover up while they're trying to grieve.
This would address both.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Estimated at a few thousand per autopsy performed. Ideal cost is $0
annually but goes up for each person who dies in the custody of the
DOCCS.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7880
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to requiring the state
to pay for independent autopsies of incarcerated individuals who die
in custody
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16 of the correction law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. The reasonable expense of an independent autopsy requested by the
4 next of kin of an incarcerated individual whose death occurred in the
5 custody of the department shall, to the extent not otherwise reimbursed
6 by the state, be a state charge. Reimbursement of such expense shall be
7 made on vouchers submitted annually and certified by the chief fiscal
8 officer of the county or city as the case may be on the audit and
9 warrant of the comptroller. The next of kin of an incarcerated individ-
10 ual whose death occurred in the custody of the department may request
11 and shall be granted such independent autopsy after the receipt of a
12 death certificate pursuant to subdivision two of this section.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10816-01-5
