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Regular Session, 2012 ENROLLED
SENATE BILL NO. 187
BY SENATOR DORSEY-COLOMB AND REPRESENTATIVES BILLIOT, BROWN,
BURRELL, HONORE, GIROD JACKSON AND NORTON
AN ACT1
To enact R.S. 8:663, relative to human remains; to provide for the collection, analysis, and2
reburial of exposed human skeletal remains; to provide certain terms, conditions,3
definitions, procedures and requirements; to provide for certain limitation of liability;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 8:663 is hereby enacted to read as follows: 7
ยง663. Collection, analysis, and reburial of exposed human skeletal remains8
A. The legislature hereby finds that exposed human skeletal remains in9
cemeteries, while harmless from a public health perspective, are nonetheless10
disrespectful to those interred in the cemetery and are susceptible to being11
looted. Accordingly, the legislature finds that the collection and reburial of12
these remains, in a controlled, scientific, and respectful manner, is in the best13
interests of the public.14
B. This Section shall apply only to municipal cemeteries as defined in15
R.S. 8:1, and to cemeteries that do not currently hold a certificate of authority16
under this Title.17
C. The words and phrases in this Section shall have the meanings given18
to them in Chapter 10-A of this Title unless the context clearly indicates19
otherwise.20
D. (1) Upon the identification of human skeletal remains and burial items21
exposed to the surface in a cemetery subject to this Section, the Louisiana22
Cemetery Board or the attorney general shall make a reasonable attempt to23
contact the cemetery and demand that such human skeletal remains and burial24
ACT No. 631 SB NO. 187 ENROLLED
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items be secured and re-interred.1
(2) Upon a failure or refusal of the cemetery authority to comply with a2
demand made under Paragraph (1) of this Subsection and with the express3
written permission of the cemetery authority, the attorney general or students4
and instructors of institutions of higher education from the disciplines of5
anthropology, archaeology, biology, and mortuary science may undertake the6
systematic collection of human skeletal remains and burial items that are7
exposed to the surface and are at risk of being looted from cemeteries within the8
state.9
(3) If written permission of the relevant cemetery authority cannot be10
reasonably obtained and the exposed human skeletal remains are at risk of11
being looted, the attorney general may apply to the district court in which the12
cemetery is located for an order to safeguard the human skeletal remains. Upon13
the filing of such a petition, the district court shall set the matter for hearing in14
the manner provided in C.C.P. Art. 3601, et seq.15
(4) The attorney general may collect the exposed human skeletal remains16
or may delegate that authority to a qualified party under this Subsection.17
E. The following procedures and protocols shall be followed in18
undertaking any collection program under this Section:19
(1) Prior to any collection activity notification, proof of compliance with20
this Section shall be provided to the Louisiana Cemetery Board, the Louisiana21
Division of Archaeology, and the attorney general, in writing.22
(2) Any collection activities shall be conducted under the direction of the23
attorney general or a full-time faculty member from an accredited college or24
university in the state of Louisiana.25
(3) Any collection activities undertaken pursuant to this Section shall be26
supervised by a person with a minimum education level of a master's degree in27
one of the enumerated fields of study in Paragraph (D)(2) of this Section.28
(4) All human skeletal remains and burial items collected from the29
surface of a cemetery pursuant to this Section shall be collected in the following30 SB NO. 187 ENROLLED
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manner:1
(a) A minimum of two digital photographs of the collected item shall be2
taken prior to its collection that will allow for a visual demonstration of its3
original location.4
(b) A handheld global positioning system (GPS) device shall be used to5
document, with as much specificity as the technology permits, the geographic6
location of the item prior to its collection.7
(c) Each item collected shall be separately bagged.8
(d) Each collection bag shall be labeled and shall contain a label noting,9
at a minimum, the date of collection, the name of the cemetery, the GPS10
coordinates of the item, and the name of the collector.11
(5) The following identification procedures shall be undertaken following12
collection of any human skeletal remains or burial items pursuant to this13
Section:14
(a) There shall be affixed to the item a label sufficient to correlate the15
item to the documentation collected pursuant to Paragraph (4) of this16
Subsection.17
(b) To the extent possible, all standard metric and non-metric18
measurements and observations of the human skeletal remains shall be19
documented pursuant to the Standards for Data Collection from Human20
Skeletal Remains or other comparable subsequent set of data collection21
standards.22
(c) All human skeletal remains collected pursuant to this Section shall be23
stored in a secure location at the collecting institution until such time as the24
cemetery authority undertakes reburials pursuant to this Section.25
(d) Copies of any and all documents and photographs generated from the26
collection activities permitted by this Section shall be lodged with the cemetery27
authority and the office of the attorney general at the time of re-interment of the28
human skeletal remains and burial items. These documents and photographs29 SB NO. 187 ENROLLED
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shall constitute public records, subject to the limitations set forth in R.S.1
41:1609 and R.S. 44:4(44).2
F. The following protocols shall be the responsibility of the cemetery3
authority:4
(1) The cemetery authority shall re-inter, at its own cost, the human5
skeletal remains and burial items collected pursuant to this Section.6
(2) If analysis leads to the positive identification of any human skeletal7
remains, such remains shall be re-interred by the cemetery authority, at its own8
cost, in the grave space associated with the identified individual.9
(3) In the event that no cemetery authority is identifiable, such human10
skeletal remains shall be curated by the collecting entity in a manner that11
conforms to the Louisiana Division of Archaeology curation guidelines. Such12
human skeletal remains may be re-interred in an unused portion of the subject13
cemetery pursuant to an order of a court of competent jurisdiction.14
G. There shall be no liability on the part of, and no action for damages15
against, any of the following:16
(1) Any institution, or its agents, employees, or students, for any action17
undertaken or performed by such person pursuant to this Section when such18
person is acting without malice and in the reasonable belief that the action19
taken by him is warranted.20
(2) Any cemetery owner, cemetery authority, or its agents or employees,21
for any action undertaken or performed by such person pursuant to this Section22
when such person is acting without malice and in the reasonable belief that the23
action taken by him is warranted.24
(3) Any person, committee, association, organization, firm, or25
corporation providing information to an institution, cemetery owner, or26
cemetery authority conducting or permitting collection activities pursuant to27
this Section, its agents, employees, or students when such a person, committee,28
association, organization, firm, or corporation providing such information29
without malice and in the reasonable belief that such information is accurate30 SB NO. 187 ENROLLED
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shall not be held, by reason of having provided such information, to be liable in1
damages under any law of the state or any political subdivision thereof.2
(4) The Louisiana Cemetery Board, the Louisiana Division of3
Archaeology, and the attorney general, and their agents or employees, shall not4
be liable in damages under any law of the state or any political subdivision for5
their role in administering portions of this Section.6
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: