(a) A person listed in Section 5 has the right, duty, and liability provided by that Section only if there is no person in a priority listed before the person.
     (b) If any person who would otherwise have the right to control disposition pursuant to Section 5 has been charged with first or second degree murder or voluntary manslaughter in connection with the decedent‘s death and those charges are known to the funeral director or cemetery authority, that person’s right to control is relinquished and passed on to the next listed person or group of persons in accordance with Section 5.