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General Assembly Raised Bill No. 7315
January Session, 2019
LCO No. 5411
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING ADJUDICAT ION OF COMPLAINTS MA DE
AGAINST SEXTONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-66 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) The sexton of a cemetery shall specify on the removal, transit 3
and burial permit the place of burial, by section, lot or grave, or other 4
place of interment. If the removal, transit and burial permit is recorded 5
in an electronic death registry system, the sexton shall enter the place 6
of burial in such system not later than three days after the date of the 7
burial. For any removal, transit and burial permit in a paper format, 8
the sexton shall forward such completed and signed removal, transit 9
and burial permit to the registrar of the town where the body is buried, 10
and send a copy of such removal, transit and burial permit to the 11
registrar of the town where death occurred. For any disinterment of a 12
body, the sexton who is in charge of reinterring such body shall: (1) 13
Complete a disinterment permit as required pursuant to section 7-67 14
specifying the place of reinterment by section, lot or grave, or other 15
place of interment; (2) return a completed disinterment permit to the 16 Raised Bill No. 7315
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registrar of the town where the body is buried; and (3) send a copy of 17
such disinterment permit to the registrar of the town where the death 18
occurred. Any removal, burial and transit permit and disinterment 19
permit in a paper format shall be forwarded to the proper registrar by 20
the first week of the month following interment or disinterment. 21
(b) For a body that is placed temporarily in a receiving vault of any 22
cemetery and subsequently buried in the same cemetery, no additional 23
removal, burial and transit permit shall be required. In each case 24
herein provided for, the sexton of such cemetery shall endorse upon 25
the removal, transit and burial permit the date when the body was 26
placed in the temporary receiving vault, and the date when and the 27
place where such body was subsequently buried. If such subsequent 28
burial is to be in any cemetery other than the cemetery where the body 29
was temporarily deposited or if the body is to be cremated, the sexton 30
shall return the original burial permit to the registrar of the town 31
where death occurred, who shall thereupon issue another removal, 32
burial and transit, or cremation permit if necessary. 33
(c) Each sexton having charge of any burial place shall report all 34
interments, disinterments and removals made by such sexton to the 35
registrar of the town where the cemetery is located. If the death is 36
recorded in an electronic death registry system, a sexton shall fulfill the 37
requirements of this subsection by completing the removal, transit and 38
burial permit in such registry system. For any removal, transit and 39
burial permit in a paper format, the sexton shall forward to the 40
registrar of the town where the cemetery is located a monthly list of all 41
interments, disinterments and removals of bodies in temporary 42
receiving vaults. Such list shall be due during the first week of the 43
month following the month in which the sexton completed the 44
interments, disinterments and removals of bodies in temporary 45
receiving vaults. 46
(d) Any complaint alleging that a sexton has violated the provisions 47
of subsection (a) or (b) of this section, shall be filed with the Probate 48
Court in the district in which the cemetery is located. The Probate 49 Raised Bill No. 7315
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Court shall provide a copy of the complaint to the sexton by first class 50
mail. The Probate Court shall schedule a hearing on such complaint 51
not later than forty-five days after the date of receipt of such complaint 52
and shall provide notice of the hearing by first class mail to the 53
complainant and the sexton. Following such hearing, if the Probate 54
Court judge finds probable cause that the sexton has violated the 55
provisions of subsection (a) or (b) of this section, such judge shall refer 56
the complaint alleging criminal wrongdoing by the sexton to the state's 57
attorney for the judicial district in which the cemetery is located. 58
[(d)] (e) Any sexton who violates the provisions of subsections (a) 59
and (b) of this section shall be guilty of a class D felony. Any sexton 60
who fails to make the appropriate filing of reports as required by 61
subsection (c) of this section, by the end of the third week of a month 62
to the registrar of the town where the cemetery is located, shall be 63
subject to a fine of not more than one hundred dollars per day. 64
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 7-66
JUD Joint Favorable