For the purposes of Chapter 24, Article 13 NMSA 1978, a dead body that 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 each county in this state to authorize interment or cremation of an unclaimed decedent. 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 fourteen days after death or discovery of the body. If the body is cremated, the county shall ensure that the cremated remains are retained and stored for at least two years, or one year for eligible veterans who qualify for veteran burial benefits, in a manner that allows for identification of the remains. After the expiration of two years, or one year for eligible veterans who qualify for veteran burial benefits, 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 disposition. History: Laws 1939, ch. 224, § 1; 1941 Comp., § 73-204; 1953 Comp., § 13-2-4; 1978 Comp., § 24-13-1; Laws 1999, ch. 241, § 4; 2023, ch. 162, § 8. 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 2023 amendment, effective July 1, 2023, changed the amount of time a county shall retain cremated remains; in the section heading, deleted "and of indigents"; after "no less than", deleted "two weeks" and added "fourteen days"; after "stored for", deleted "no less than" and added "at least"; and added "or one year for eligible veterans who qualify for veteran burial benefits". 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.
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