For the purposes of Chapter 24, Article 13 NMSA 1978, a dead person whose body has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of the board of county commissioners of each county in this state to cause to be decently interred or cremated the body of any unclaimed decedent or indigent person. The county shall ensure that the body is buried or cremated no later than thirty days after a determination has been made that the body has not been claimed, but no less than two weeks after death. If the body is cremated, the county shall ensure that the cremated remains are retained and stored for no less than two years in a manner that allows for identification of the remains. After the expiration of two years the cremated remains may be disposed of, provided the county retains a record of the place and manner of disposition for not less than five years after such disposition.
History: Laws 1939, ch. 224, § 1; 1941 Comp., § 73-204; 1953 Comp., § 13-2-4; Laws 1999, ch. 241, § 4.
Cross references. — For disposition of dead bodies generally, see Chapter 24, Article 12 NMSA 1978.
For definitions applicable to provisions of this article, see 27-1-1 NMSA 1978.
The 1999 amendment, effective June 18, 1999, added the catchline; added the first sentence; in the second sentence, substituted "It is the duty" for "It shall be the duty" and "or cremated the body of any unclaimed decedent or indigent person" for "the body of any dead having no visible estate out of which to defray the cost of his burial, and when no relative or friend of such decedent will undertake to bury him"; and added the third and fourth sentences.
County's responsibility for burial of indigents does not rest upon residence of the indigents. 1942 Op. Att'y Gen. No. 42-4081.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Dead Bodies § 19.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 13 - Burial of Indigents
Section 24-13-1 - Burial or cremation of unclaimed decedents and of indigents.
Section 24-13-2 - Persons deemed indigent.
Section 24-13-3 - Expenses for burial or cremation.
Section 24-13-4 - Burial after investigation; cost of opening and closing grave.
Section 24-13-5 - Payment of burial or cremation expenses; commissioners' liability.
Section 24-13-6 - Money from relatives; duty of funeral director.
Section 24-13-7 - Failure to notify; funeral director's liability.
Section 24-13-8 - [District attorneys to enforce burial act.]