Full Statute Name:  West's Annotated Indiana Code. Title 23. Business and Other Associations. Article 14. Cemetery Associations. Chapter 42.5. Burial with Law Enforcement Animals or Service Animals

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Primary Citation:  IC 23-14-42.5-1 - 7 Country of Origin:  United States Last Checked:  October, 2019 Date Adopted:  2017 Historical: 
Summary: This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration.

23–14–42.5–1 “Animal” defined

23–14–42.5–2 “Burial plot” defined

23–14–42.5–3 “Deceased animal” defined

23–14–42.5–4 “Deceased owner” defined

23–14–42.5–5 “Law enforcement animal” defined

23–14–42.5–6 “Military animal” defined

23–14–42.5–7 Treatment of cremated remains of deceased animal

 

23–14–42.5–1 “Animal” defined

Sec. 1. As used in this chapter, “animal” refers to a:

(1) law enforcement animal; or

(2) military animal.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016. Amended by P.L.106-2017, SEC.1, eff. July 1, 2017.

 

23-14-42.5-2 “Burial plot” defined

Sec. 2. As used in this chapter, “burial plot” means an individual grave space that is used or intended to be used for the interment of the remains of a deceased individual.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016.

 

23-14-42.5-3 “Deceased animal” defined

Sec. 3. As used in this chapter, “deceased animal” means a deceased animal:

(1) that was owned by or assigned to assist the deceased owner during the deceased owner's lifetime;

(2) whose death occurs before, after, or simultaneously with the death of the deceased owner; and

(3) the remains of which have been cremated and placed in a temporary container or an urn.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016.

 

23-14-42.5-4 “Deceased owner” defined

Sec. 4. As used in this chapter, “deceased owner” refers to the deceased record owner of burial rights in a burial plot.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016.

 

23-14-42.5-5 “Law enforcement animal” defined

Sec. 5. (a) As used in this chapter, “law enforcement animal” means a dog that is owned or used by a law enforcement agency for the principal purposes of:

(1) aiding in:

(A) the detection of criminal activity;

(B) the enforcement of laws; and

(C) the apprehension of offenders; and

(2) ensuring the public welfare.

(b) The term includes the following:

(1) An arson investigation dog.

(2) A bomb detection dog.

(3) A narcotic detection dog.

(4) A patrol dog.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016.

 

23-14-42.5-6 “Military animal” defined

Sec. 6. As used in this chapter, “military animal” refers to a military working dog described in 10 U.S.C. 2583.

Credits

As added by P.L.176-2016, SEC.1, eff. July 1, 2016. Amended by P.L.106-2017, SEC.2, eff. July 1, 2017.

 

23-14-42.5-7 Treatment of cremated remains of deceased animal

Sec. 7. (a) Subject to subsection (b), the cremated remains of a deceased animal of a deceased owner may be:

(1) removed from the temporary container or urn described in section 3(3) of this chapter and scattered or placed on top of the deceased owner's burial plot; or

(2) interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not:

(A) encroach upon or interfere with a neighboring burial plot of which the deceased owner is not the record owner;

(B) involve the disinterment of:

(i) the deceased owner's remains; or

(ii) the remains of a deceased individual other than the deceased owner; or

(C) involve the digging or penetration of earth at a depth that exceeds one (1) foot.

The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner.

(b) The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in subsection (a) only if the following apply:

(1) The person or entity owning the deceased animal at the time of the deceased animal's death:

(A) consents in writing to the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a); and

(B) before the scattering, placement, or interment of the cremated remains of the deceased animal is to take place, provides the written consent described in clause (A) to the owner of the cemetery in which the deceased owner's burial plot is located;

if the deceased owner is not the owner of the deceased animal at the time of the deceased animal's death.

(2) The deceased owner provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a):

(A) in the deceased owner's last will and testament;

(B) in a written designation provided to a cemetery under IC 23-14-42-2; or

(C) in a funeral planning declaration executed under IC 29-2-19.

(3) If subdivision (2) does not apply, a person who has the right under IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, IC 29-2-19-17, or any other applicable statute to:

(A) control the disposition of the deceased owner's remains;

(B) make arrangements for the funeral services of the deceased owner; or

(C) make other ceremonial arrangements after the deceased owner's death;

provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a).

Credits
As added by P.L.176-2016, SEC.1, eff. July 1, 2016. Amended by P.L.85-2017, SEC.91, eff. April 20, 2017.

 

 

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