reglab/housing_qa huggingface dataset:
NM Stat § 24-11-7 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 11 - Medical Investigations|Section 24-11-7 - Examination; autopsy; inquest.

If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest. History: 1953 Comp., § 15-43-46, enacted by Laws 1961, ch. 91, § 4; 1971, ch. 112, § 6; 1973, ch. 286, § 6. ANNOTATIONSAuthority of board. — If a medical investigator suspects that criminal conduct caused a death or that the cause of death is obscure, the board of medical investigators may, without the consent of the decedent or the decedent's family, order an autopsy or apply to disinter the decedent to perform an autopsy. In re Johnson, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Coroners or Medical Examiners §§ 7 to 15. Reviewing, setting aside or quashing verdict at coroner's inquest, 78 A.L.R.2d 1218. Civil liability in conjunction with autopsy, 97 A.L.R.5th 419. 18 C.J.S. Coroners §§ 10 to 26.
NM Stat § 24-11-8 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 11 - Medical Investigations|Section 24-11-8 - Reports to district attorney.

The state or district medical investigator shall promptly report his findings, or the findings of a deputy medical investigator that has performed an investigation under his direction, to the district attorney in each death investigated. Upon request of the district attorney, the state or district medical investigator shall send a complete record of the medical investigation in any case, including a transcript of the testimony of witnesses examined at any inquest. History: 1953 Comp., § 15-43-47, enacted by Laws 1961, ch. 91, § 5; 1971, ch. 112, § 7; 1973, ch. 286, § 7.
NM Stat § 24-11-9 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 11 - Medical Investigations|Section 24-11-9 - Subpoena; oath.

The state, district or deputy medical investigator may administer oaths and may issue a subpoena to compel the attendance and production of evidence by any necessary witness and the subpoena may be enforced in the district court. Any subpoena shall be served without cost by the sheriff or any deputy or by any member of the New Mexico state police. History: 1953 Comp., § 15-43-48, enacted by Laws 1961, ch. 91, § 6; 1971, ch. 112, § 8; 1973, ch. 286, § 8.
NM Stat § 24-11-10 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 11 - Medical Investigations|Section 24-11-10 - Penalties.

A. It is unlawful to: (1) willfully and without good cause neglect or refuse to report a death to law enforcement authorities or the office of the state or district medical investigator as required by law; or (2) willfully and unnecessarily touch, remove or disturb any dead body required by law to be reported to the state or district medical investigator, or any article on or near the body or disturb its surroundings until authority is granted by the state, district or deputy medical investigator. B. Any person violating this section is guilty of a petty misdemeanor. History: 1953 Comp., § 15-43-50, enacted by Laws 1961, ch. 91, § 8; 1971, ch. 112, § 9; 1973, ch. 286, § 9; 1975, ch. 7, § 3. ANNOTATIONSCross references. — For duty to report deaths, see 24-11-5 NMSA 1978. For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 24-12-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 12 - Disposition of Dead Bodies|Section 24-12-2 - Disposition of unclaimed body; transmission of records of institution.

A. Upon the issuance of his certificate that the remains are unclaimed, the medical investigator shall retain the body for use only for medical education or shall certify that the body is unnecessary or unsuited for medical education and release it to the state, county or municipal officials having charge or control of the body for burial. The state, county or municipal officials shall have the body removed for disposition within three weeks from the date on which the medical investigator released the body. B. If the body is retained for use in medical education, the facility or person receiving the body for that use shall pay the costs of preservation and transportation of the body and shall keep a permanent record of bodies received. C. If a deceased person was an inmate of a public institution, the institution shall transmit, upon request of the medical investigator, a brief medical history of the unclaimed dead person for purposes of identification and permanent record. The records shall be open to inspection by any state or county official or district attorney. History: Laws 1941, ch. 148, §§ 3 to 5; 1941 Comp., §§ 71-503 to 71-505; 1953 Comp., § 12-7-2, reenacted by Laws 1973, ch. 354, § 2; 1977, ch. 204, § 2; 1999, ch. 241, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 354, § 2, repealed 12-7-2, 1953 Comp., relating to conduct of postmortem examinations, and enacted a new section. For present comparable provisions, see 24-12-4 NMSA 1978. Cross references. — For burial of indigents, see 24-13-1 NMSA 1978. The 1999 amendment, effective June 18, 1999, in Subsection A, added the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — Homicide: cremation of victim's body as violation of accused's right, 70 A.L.R.4th 1091.
NM Stat § 24-12-3 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 12 - Disposition of Dead Bodies|Section 24-12-3 - Penalties.

A. Any person who conducts a post-mortem examination on an unclaimed body without express permission of the medical investigator is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one year or by the imposition of a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine. B. Any person who unlawfully disposes of, uses or sells an unclaimed body is guilty of a fourth degree felony and shall be punished by imprisonment in the state penitentiary for a term of not less than one year nor more than five years or by the imposition of a fine of not more than five thousand dollars ($5,000), or both such imprisonment and fine. History: Laws 1941, ch. 148, §§ 2, 4; 1941 Comp., §§ 71-502, 71-504; 1953 Comp., § 12-7-4, reenacted by Laws 1973, ch. 354, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 354, § 3 repealed 12-7-4, 1953 Comp., relating to disposition of unclaimed bodies, and enacted a new section. Provisions relating to the disposition of unclaimed bodies presently appear in 24-12-2 NMSA 1978. Cross references. — For medical investigations generally, see Chapter 24, Article 11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Dead Bodies §§ 4, 44 to 47, 58, 112. Validity, construction and application of statutes making it a criminal offense to mistreat or wrongfully dispose of dead body, 81 A.L.R.3d 1071. 25A C.J.S. Dead Bodies § 10.
NM Stat § 24-12A-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 12A - Cremations|Section 24-12A-1 - Right to authorize cremation; definitions.

A. Any adult may authorize his own cremation and the lawful disposition of his cremated remains by: (1) stating his desire to be cremated in a written statement that is signed by the individual and notarized or witnessed by two persons; or (2) including an express statement in his will indicating that the testator desired that his remains be cremated upon his death. B. A personal representative acting pursuant to a will or Article 3 of Chapter 45 NMSA 1978 or a funeral establishment, a commercial establishment, a direct disposition establishment or a crematory shall comply with a statement made in conformance with the provisions of Subsection A of this section. A statement that conforms to the provisions of Subsection A of this section is authorization to a personal representative, funeral establishment, commercial establishment, direct disposition establishment or crematory that the remains of the decedent are to be cremated. Statements dated prior to the effective date of this act are to be given effect if they meet the requirements of Subsection A of this section. C. A personal representative, funeral establishment or crematory acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith. D. No funeral establishment, commercial establishment, direct disposition establishment, crematory or employee of a funeral establishment, commercial establishment, direct disposition establishment or crematory or other person that relies in good faith on a statement written pursuant to this section shall be subject to liability for cremating the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent. E. As used in this section: (1) "commercial establishment" means an office, premises or place of business that provides for the practice of funeral service or direct disposition services exclusively to licensed funeral or direct disposition establishments; (2) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; and (3) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition. History: Laws 1993, ch. 200, § 1. ANNOTATIONSCross references. — For cremations, see 61-32-19 NMSA 1978.
NM Stat § 24-12A-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 12A - Cremations|Section 24-12A-2 - No written instructions; priority of others to decide disposition.

A. Except as provided in Subsection B of this section, if a decedent has left no written instructions regarding the disposition of the decedent's remains, the following persons in the order listed shall determine the means of disposition, not to be limited to cremation, of the remains of the decedent: (1) the surviving spouse; (2) a majority of the surviving adult children of the decedent; (3) the surviving parents of the decedent; (4) a majority of the surviving siblings of the decedent; (5) an adult who has exhibited special care and concern for the decedent, who is aware of the decedent's views and desires regarding the disposition of the decedent's body and who is willing and able to make a decision about the disposition of the decedent's body; or (6) the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent. B. If a decedent left no written instructions regarding the disposition of the decedent's remains, died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard and completed a United States department of defense record of emergency data form or its successor form, the person authorized by the decedent to determine the means of disposition on a United States department of defense record of emergency data form shall determine the means of disposition, not to be limited to cremation. History: Laws 1993, ch. 200, § 2; 1995, ch. 17, § 1; 2011, ch. 22, § 2. ANNOTATIONSCross references. — For cremations, see 61-32-19 NMSA 1978. The 2011 amendment, effective June 17, 2011, authorized a person designated on a United States department of defense record of emergency data form to direct the disposition of the remains of a decedent who left no written instructions and who died while serving in the armed forces, reserve forces or national guard. The 1995 amendment, effective June 16, 1995, inserted "adult" in Subsection B. Burial plan. — Where the decedent's contract for a reserved burial plot specified only where the decedent was to be buried, the decedent's surviving spouse alone had the authority to arrange the details of the decedent's burial and had the authority to contract with the cemetery to convert the decedent's single plot into a double plot. Eisert v. Archdiocese of Santa Fe, 2009-NMCA-042, 146 N.M. 179, 207 P.3d 1156, cert. denied, 2009-NMCERT-004, 146 N.M. 641, 213 P.3d 791.
NM Stat § 24-12A-3 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 12A - Cremations|Section 24-12A-3 - Unclaimed bodies and bodies of indigent persons; cremation permitted.

The body of an unclaimed decedent or an indigent person, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation. Absent a showing of bad faith or malicious intent, the official ordering the cremation and the person or establishment carrying out the cremation shall be immune from liability related to the cremation. History: 1978 Comp., § 24-12A-3, enacted by Laws 1999, ch. 241, § 3.
NM Stat § 24-13-1 (2021)
2021 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.

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. ANNOTATIONSCross 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.
NM Stat § 24-13-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 13 - Burial of Indigents|Section 24-13-2 - Persons deemed indigent.

A deceased person shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if his estate is insufficient to cover the cost of burial or cremation. History: Laws 1939, ch. 224, § 2; 1941 Comp., § 73-205; 1953 Comp., § 13-2-5; Laws 1999, ch. 241, § 5. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, added the catchline; and rewrote the section, which formerly read "No deceased person shall be considered to be an indigent if there are any sums, no matter how small, with which to defray the cost of such burial".
NM Stat § 24-13-3 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 13 - Burial of Indigents|Section 24-13-3 - Expenses for burial or cremation.

If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation or burial, invoices for the expenses shall be forwarded to such person or official authorized by law to be appointed administrator of the estate of the decedent, and such person or official shall pay the expenses out of the decedent's estate. To the extent that the deceased person is indigent, the burial or cremation expenses shall be borne by the county of residence of the deceased person. If the county of residence of the deceased person is not known, the burial or cremation expenses shall be borne by the county in which the body was found. The burial or cremation expenses may be paid by the county out of the general fund or the county indigent hospital claims fund [county health care assistance fund] in an amount up to six hundred dollars ($600) for the burial or cremation of any adult or minor. History: Laws 1939, ch. 224, § 3; 1941 Comp., § 73-206; 1953 Comp., § 13-2-6; Laws 1957, ch. 123, § 1; 1959, ch. 59, § 1; 1987, ch. 274, § 1; 1991, ch. 6, § 1; 1999, ch. 241, § 6; 2001, ch. 307, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2014, ch. 79, § 18 provided that all references in law to a county indigent hospital claims fund shall be deemed to be references to a county health care assistance fund pursuant to the Indigent Hospital and County Health Care Act, effective March 12, 2014. The 2001 amendment, effective June 15, 2001, inserted the county indigent hospital claims fund in the last sentence. The 1999 amendment, effective June 18, 1999, rewrote the section, which formerly read "The expenses for the burial or cremation of an indigent person may be paid by the county out of the general fund in an amount up to six hundred dollars ($600) for the burial of any adult or minor". The 1991 amendment, effective March 9, 1991, rewrote the section following "general fund in", which read "the amount of three hundred dollars ($300) for the burial of any adult or minor over the age of six years and three hundred dollars ($300) for the burial of any minor up to the age of six years". Commissioners are under duty to pay $100 (now $600) for burial of indigent regardless of the particular circumstances prior to the indigent's burial. 1970 Op. Att'y Gen. No. 70-44. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25A C.J.S. Dead Bodies § 7.
NM Stat § 24-13-4 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 13 - Burial of Indigents|Section 24-13-4 - Burial after investigation; cost of opening and closing grave.

The board of county commissioners after proper investigation shall cause any deceased indigent or unclaimed decedent to be decently interred or cremated. The cost to be paid by the county of opening and closing a grave shall not exceed six hundred dollars ($600), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978. History: Laws 1939, ch. 224, § 4; 1941 Comp., § 73-207; 1953 Comp., § 13-2-7; Laws 1957, ch. 123, § 2; 1997, ch. 116, § 1; 1999, ch. 241, § 7. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, inserted "or unclaimed decedent" in the first sentence and "to be paid by the county" in the second sentence. The 1997 amendment, effective June 20, 1997, substituted "$600" for "$35" and made a stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Dead Bodies §§ 75, 78 to 81. 25A C.J.S. Dead Bodies §§ 4(3), 8(4).
NM Stat § 24-13-5 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 13 - Burial of Indigents|Section 24-13-5 - Payment of burial or cremation expenses; commissioners' liability.

The board of county commissioners of any county within this state may authorize payment for the burial or cremation of an indigent person, as defined in Section 24-13-2 NMSA 1978 or of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978. All available assets of the deceased shall be used to reimburse the county for the cost of burial or cremation. Should the county be required to pay expenses for burial or cremation of an unclaimed decedent who has left an estate, the estate shall reimburse the county for those expenses. The county commissioners shall be liable either personally or officially to the county they represent in double the amount they have paid toward the burial or cremation of a person other than as authorized by this section. History: Laws 1939, ch. 224, § 5; 1941 Comp., § 73-208; 1953 Comp., § 13-2-8; Laws 1999, ch. 241, § 8. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, rewrote the section which formerly read "If the board of county commissioners of any county within this state shall pay to any person any sum purporting to be for the burial of an indigent person when in fact such deceased person was known by the board of county commissioners to be not an indigent, as above defined, said county commissioners shall be liable either personally or officially to the county which they represent in double the amount which they have paid".
NM Stat § 24-13-6 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 13 - Burial of Indigents|Section 24-13-6 - Money from relatives; duty of funeral director.

Should any funeral director or other person allowed by law to conduct the business of a funeral director accept money from the relatives or friend of a deceased person whom the board of county commissioners has determined to be an indigent or an unclaimed decedent, the funeral director shall immediately notify the board of county commissioners of the payment or offer for payment, and the board of county commissioners shall not thereafter pay for the burial or cremation involved, or, if the board of county commissioners has already paid for the burial or cremation, the funeral director shall immediately refund the money paid to him by the board of county commissioners for the burial or cremation. History: Laws 1939, ch. 224, § 6; 1941 Comp., § 73-209; 1953 Comp., § 13-2-9; Laws 1999, ch. 241, § 9. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, added the catchline and made stylistic changes throughout.