Wisconsin Statutes 979.10 – Cremation
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Terms Used In Wisconsin Statutes 979.10
- County board: means the county board of supervisors. See Wisconsin Statutes 990.01
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1)
(a) No person may cremate the corpse of a deceased person within 48 hours after the death, or the discovery of the death, of the deceased person unless the death was caused by a contagious or infectious disease. Notwithstanding s. 979.09, no person may cremate an unclaimed corpse if the deceased person died as the result of homicide. No person may cremate a corpse unless the person has received a cremation permit from:
1. The coroner or medical examiner in the county where the death occurred if the death occurred in this state;
2. The coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and if the death is the subject of an investigation under s. 979.01; or
3. The coroner or medical examiner of the county where the corpse is to be cremated if the death occurred outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.
(ae) The department of health services shall design a cremation permit application form for a person to use when applying for a cremation permit under par. (a). The department shall include in the form a place for a coroner or medical examiner to state that he or she has viewed the corpse that is the subject of the permit and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary.
Effective date note NOTE: Par. (ae) is created by 2023 Wis. Act 84 eff. on the date specified in the Department of Health Services notice published in the Wisconsin Administrative Register under 2023 Wis. Act 84, section 5 (1).
(am) If the coroner or medical examiner of a county requires applicants for cremation permits to use an application form to apply for a cremation permit, a person who applies for a cremation permit in that county shall use the cremation permit application form designed under par. (ae) to apply for the cremation permit.
Effective date note NOTE: Par. (am) is created by 2023 Wis. Act 84 eff. on the date specified in the Department of Health Services notice published in the Wisconsin Administrative Register under 2023 Wis. Act 84, section 5 (1).
(as) Once completed by a coroner or medical examiner, the cremation permit application form designed under par. (ae) may constitute a cremation permit issued under par. (a) if authorized by the coroner or medical examiner of the county in which the cremation permit is issued.
Effective date note NOTE: Par. (as) is created by 2023 Wis. Act 84 eff. on the date specified in the Department of Health Services notice published in the Wisconsin Administrative Register under 2023 Wis. Act 84, section 5 (1).
(b) A coroner or medical examiner shall include in any cremation permit issued under par. (a) a statement that he or she has viewed the corpse that is the subject of the permit and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary. Unless further examination or judicial inquiry is necessary, a coroner or medical examiner shall issue a cremation permit under par. (a) within 24 hours of viewing the corpse or submission of the medical certification under s. 69.18 (2), whichever is later.
(2) If a corpse is to be cremated, the coroner or medical examiner shall make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the district attorney’s opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary he or she shall certify that fact. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 (2).
(3) The coroner shall receive a fee of $25, to be paid out of the county treasury, for each corpse viewed or inquiry made under sub. (2), unless an annual salary has been established by the county board under s. 979.11.
(4) Whoever accepts, receives, or takes any corpse of a deceased person with intent to destroy the corpse by means of cremation, or who cremates or aids and assists in the cremation of any corpse of a deceased person without having presented the permit specified in sub. (1) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.