EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1000*
HOUSE BILL 1000
E1 5lr2114
CF SB 616
By: Delegates Simmons, Ghrist, D. Jones, J. Long, Schmidt, Woods, and Young
Introduced and read first time: January 31, 2025
Assigned to: Judiciary and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Human Remains, Pet Remains, and Cemeteries – Prohibitions 2
FOR the purpose of altering the definition of permanent cemetery to include a cemetery 3
owned by a family or religious organization; prohibiting a person from tampering 4
with human remains interred in a cemetery; altering certain penalties relating to 5
prohibitions against removal of human remains from a burial site; prohibiting a 6
person from damaging, desecrating, mutilating, storing, tampering with, trafficking, 7
or transporting human remains; altering certain penalties relating to prohibitions 8
against damaging funerary objects, landscaping, and other structures in a cemetery; 9
prohibiting a person from removing or attempting to remove pet remains from a 10
cemetery; prohibiting a person from damaging, desecrating, mutilating, storing, 11
tampering with, trafficking, or transporting pet remains, subject to a certain 12
exception; and generally relating to human remains, pet remains, and cemeteries. 13
BY repealing and reenacting, with amendments, 14
Article – Criminal Law 15
Section 10–401, 10–402(a) and (g), and 10–404 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
BY repealing 19
Article – Criminal Law 20
Section 10–402(h) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – Criminal Law 25
Section 10–402(h), 10–402.1, and 10–627 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 1000
BY repealing and reenacting, with amendments, 1
Article – Criminal Procedure 2
Section 1–209 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Criminal Law 8
10–401. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) (1) “Associated funerary object” means an item of human manufacture or 11
use that is intentionally placed: 12
(i) with human remains at the time of interment in a burial site; or 13
(ii) after interment, as a part of a death ceremony of a culture, 14
religion, or group. 15
(2) “Associated funerary object” includes a gravestone, monument, tomb, 16
or other structure in or directly associated with a burial site. 17
(c) (1) “Burial site” means a natural or prepared physical location, whether 18
originally located below, on, or above the surface of the earth, into which human remains 19
or associated funerary objects are deposited as a part of a death ceremony of a culture, 20
religion, or group. 21
(2) “Burial site” includes the human remains and associated funerary 22
objects that result from a shipwreck or accident and are left intentionally to remain at the 23
site. 24
(d) “Permanent cemetery” means a cemetery that is owned by: 25
(1) a cemetery company regulated under Title 5 of the Business Regulation 26
Article; 27
(2) A FAMILY; 28
(3) a nonprofit organization; [or] 29
(4) A RELIGIOUS ORGANIZA TION; OR 30
HOUSE BILL 1000 3
[(3)] (5) the State. 1
10–402. 2
(a) Except as provided in subsections (b) and (f) of this section, a person may not: 3
(1) remove or attempt to remove human remains from a burial site; OR 4
(2) TAMPER WITH HUMAN RE MAINS INTERRED IN A CEMETERY. 5
(g) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 6
and on conviction is subject to: 7
(I) FOR A FIRST VIOLATIO N, imprisonment not LESS THAN 5 8
YEARS AND NOT exceeding [5] 10 years or a fine [not exceeding $10,000] OF AT LEAST 9
$20,000 or both; AND 10
(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT FOR 11
NOT LESS THAN 10 YEARS AND NOT EXCEED ING 15 YEARS OR A FINE OF AT LEAST 12
$30,000 OR BOTH. 13
(2) (I) IN THIS PARAGRAPH , “DEPARTMENT ” HAS THE MEANING 14
STATED IN § 2–109 OF THE CRIMINAL PROCEDURE ARTICLE. 15
(II) A DEPARTMENT MAY DENY AN OCCUPATIONAL LICE NSE OR 16
CERTIFICATE TO AN APPLICANT OR R EVOKE THE OCCUPATIONAL LICENSE OR 17
CERTIFICATE OF A HOLDER IF THE APPLICANT OR HOLDER IS CONVICTED OF A 18
VIOLATION OF THIS SE CTION. 19
[(h) A person who violates this section is subject to § 5–106(b) of the Courts 20
Article.] 21
(H) (1) A FAMILY MEMBER OR DES CENDANT MAY BRING A CIVIL ACTION 22
IN A COURT OF COMPET ENT JURISDICTION TO RECOVER ECONOMIC AND 23
NONECONOMIC DAMAGES RESULTING FROM A VIO LATION OF SUBSECTION (A) OF 24
THIS SECTION. 25
(2) AN INDIVIDUAL WHO BRI NGS AN ACTION UNDER THIS 26
SUBSECTION AND WHO IS AWARDED D AMAGES MAY ALSO SEEK REASONABLE 27
ATTORNEY’S FEES. 28
10–402.1. 29
4 HOUSE BILL 1000
(A) UNLESS AUTHORIZED BY LAW, A PERSON MAY NOT DAMAGE, 1
DESECRATE, MUTILATE, STORE, TAMPER WITH, TRAFFIC, OR TRANSPORT HUMAN 2
REMAINS. 3
(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY 4
AND ON CONVICTION IS SUBJECT TO: 5
(I) FOR A FIRST VIOLATIO N, IMPRISONMENT FOR NOT LESS 6
THAN 5 YEARS AND NOT EXCEED ING 10 YEARS OR A FINE OF AT LEAST $20,000 OR 7
BOTH; AND 8
(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT FOR 9
NOT LESS THAN 10 YEARS AND NOT EXCEED ING 15 YEARS OR A FINE OF AT LEAST 10
$30,000 OR BOTH. 11
(2) (I) IN THIS PARAGRAPH , “DEPARTMENT ” HAS THE MEANING 12
STATED IN § 2–109 OF THE CRIMINAL PROCEDURE ARTICLE. 13
(II) A DEPARTMENT MAY DENY AN OCCUPATIONAL LICE NSE OR 14
CERTIFICATE TO AN AP PLICANT OR REVOKE TH E OCCUPATION AL LICENSE OR 15
CERTIFICATE OF A HOL DER IF THE APPLICANT OR HOLDER WAS CONVIC TED OF A 16
VIOLATION OF THIS SE CTION. 17
(C) (1) A PERSON WHO VIOLATES THIS SECTION SHALL P AY THE OWNER 18
OF THE PROPERTY OR T HE OWNER OF THE CEME TERY FOR THE RESTORATION OF 19
ANY DAMAGED OR DEFAC ED REAL OR PERSONAL PRO PERTY IN A CEMETERY . 20
(2) (I) A FAMILY MEMBER OR DES CENDANT MAY BRING A CIVIL 21
ACTION IN A COURT OF COMPETENT JURISDICTI ON TO RECOVER ECONOM IC AND 22
NONECONOMIC DAMAGES RESULTING FROM A VIO LATION OF THIS SECTI ON. 23
(II) AN INDIVIDUAL W HO BRINGS AN ACTION UNDER THIS 24
PARAGRAPH AND WHO IS AWARDED DAMAGES MAY ALSO SEEK REASONABLE 25
ATTORNEY’S FEES. 26
10–404. 27
(a) (1) Subject to the provisions of paragraph (2) of this subsection, a person 28
may not willfully destroy, damage, deface, or remove: 29
(i) an associated funerary object or another structure placed in a 30
cemetery; or 31
HOUSE BILL 1000 5
(ii) a building, wall, fence, railing, or other work, for the use, 1
protection, or ornamentation of a cemetery. 2
(2) The provisions of paragraph (1) of this subsection do not prohibit the 3
removal of a funerary object or a building, wall, fence, railing, or other object installed for 4
the use, protection, or ornamentation of a cemetery or burial site, for the purpose of repair 5
or replacement, either at the request of or with the permission of heirs or descendants of 6
the deceased or the owner or manager of the cemetery or burial site. 7
(b) (1) Subject to the provisions of paragraph (2) of this subsection, a person 8
may not willfully destroy, damage, or remove a tree, plant, [or] shrub, OR OTHER 9
LANDSCAPING in a cemetery. 10
(2) The provisions of paragraph (1) of this subsection do not prohibit 11
normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, 12
removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 13
(c) A person may not engage in [indecent or disorderly conduct] MALICIOUS, 14
ABUSIVE, OR DISORDERLY ACTIVITIES in a cemetery. 15
(d) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 16
and on conviction is subject to: 17
[(1)] (I) for a FIRST violation [of subsection (a) of this section], 18
imprisonment FOR NOT LESS THAN 5 YEARS AND not exceeding [5] 10 years or a fine 19
[not exceeding $10,000] OF AT LEAST $20,000 or both; and 20
[(2)] (II) for a SUBSEQUENT violation [of subsection (b) or (c) of this 21
section], imprisonment FOR NOT LESS THAN 10 YEARS AND not exceeding [2] 15 years 22
or a fine [not exceeding $500] OF AT LEAST $30,000 or both. 23
(2) (I) IN THIS PARAGRAPH , “DEPARTMENT ” HAS THE MEANING 24
STATED IN § 2–109 OF THE CRIMINAL PROCEDURE ARTICLE. 25
(II) A DEPARTMENT MAY DENY AN OCCUPATIONAL LICE NSE OR 26
CERTIFICATE TO AN AP PLICANT OR REVOKE TH E OCCUPATION AL LICENSE OR 27
CERTIFICATE OF A HOL DER IF THE APPLICANT OR HOLDER IS CONVICT ED OF A 28
VIOLATION OF THIS SECT ION. 29
(e) (1) A person who violates this section shall pay for the restoration of any 30
damaged or defaced real or personal property in a cemetery to the owner of the property or 31
the owner of the cemetery. 32
(2) (I) A FAMILY MEMBER OR DES CENDANT WHO SUFFERS 33
DAMAGES AS A RESULT OF A VIOLATION OF TH IS SECTION MAY BRING A CIVIL 34 6 HOUSE BILL 1000
ACTION IN A COURT OF COMPETENT JURISDICTI ON TO RECOVER ECONOMIC AND 1
NONECONOMIC DAMAGES . 2
(II) AN INDIVIDUAL WHO BRI NGS AN ACTION UNDER THIS 3
PARAGRAPH AND WHO IS AWARDED D AMAGES MAY ALSO SEEK REASONABLE 4
ATTORNEY’S FEES. 5
(f) This section does not prohibit the removal of human remains or a funerary 6
object from an abandoned cemetery if: 7
(1) the removal is authorized in writing by the State’s Attorney of the 8
county in which the cemetery containing the human remains or funerary object is located; 9
and 10
(2) the human remains or funerary object are placed in an accessible place 11
in a permanent cemetery. 12
10–627. 13
(A) A PERSON MAY NOT REMOV E OR ATTEMPT TO REMO VE PET REMAINS 14
FROM A CEMETERY WITHOUT THE PERMISSI ON OF THE OWNER OF THE PET OR OF 15
THE CEMET ERY. 16
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 17
PERSON MAY NOT DAMAG E, DESECRATE, MUTILATE, STORE, TAMPER WITH, 18
TRAFFIC, OR TRANSPORT PET REMAINS IN ANY WAY . 19
(2) IT IS NOT A VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION 20
IF THE ACTION IS FOR TH E PURPOSES OF BURYIN G, CREMATING, OR OTHERWISE 21
PRESERVING THE PET F OR THE BENEFIT OF TH E OWNER. 22
(C) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY 23
AND ON CONVICTION IS SUBJECT TO: 24
(I) FOR A FIRST VIOLATIO N, IMPRISONMENT FOR NOT LESS 25
THAN 5 YEARS AND NOT EXCEED ING 10 YEARS OR A FINE OF AT LEAST $20,000 OR 26
BOTH; OR 27
(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT FOR 28
NOT LESS THAN 10 YEARS AND NOT EXCEED ING 15 YEARS OR A FINE OF AT LEAST 29
$30,000 OR BOTH. 30
(2) (I) IN THIS PARAGRAPH , “DEPARTMENT ” HAS THE MEANING 31
STATED IN § 2–109 OF THE CRIMINAL PROCEDURE ARTICLE. 32 HOUSE BILL 1000 7
(II) A DEPARTMENT MAY DENY AN OCCUPATIONAL LICE NSE OR 1
CERTIFICATE TO AN AP PLICANT OR REVOKE TH E OCCUPATION AL LICENSE OR 2
CERTIFICATE OF A HOL DER IF THE APPLICANT OR HOLDER IS CONVICTED OF A 3
VIOLATION OF THIS SE CTION. 4
(D) A PERSON WHO VIOLATES THIS SECTION SH ALL PAY THE PROPERTY OR 5
THE OWNER OF THE CEM ETERY FOR THE RESTORATION OF ANY DAMAGED OR 6
DEFACED REAL OR PERS ONAL PROPERTY IN A C EMETERY TO THE OWNER . 7
Article – Criminal Procedure 8
1–209. 9
(a) (1) In this section, “department” means: 10
(i) the Department of Agriculture; 11
(ii) the Department of the Environment; 12
(iii) the Maryland Department of Health; 13
(iv) the Department of Human Services; 14
(v) the Maryland Department of Labor; or 15
(vi) the Department of Public Safety and Correctional Services. 16
(2) “Department” includes any unit of a department specified in paragraph 17
(1) of this subsection. 18
(b) This section does not apply to: 19
(1) a person who was previously convicted of a crime of violence, as defined 20
in § 14–101 of the Criminal Law Article; 21
(2) A PERSON WHO WAS PREVIOUSLY CONVICTED OF A CRIME 22
RELATING TO HU MAN REMAINS UNDER TITLE 10, SUBTITLE 4 OF THE CRIMINAL 23
LAW ARTICLE; OR 24
(3) A PERSON PREVIOUSLY CONVICTED OF A CRIME RELATING TO PET 25
REMAINS UNDER § 10–627 OF THE CRIMINAL LAW ARTICLE. 26
8 HOUSE BILL 1000
(c) It is the policy of the State to encourage the employment of nonviolent 1
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 2
licenses or certifications required by the State. 3
(d) Except as provided in subsection (f) of this section, a department may not deny 4
an occupational license or certificate to an applicant solely on the basis that the applicant 5
has previously been convicted of a crime, unless the department determines that: 6
(1) there is a direct relationship between the applicant’s previous 7
conviction and the specific occupational license or certificate sought; or 8
(2) the issuance of the license or certificate would involve an unreasonable 9
risk to property or to the safety or welfare of specific individuals or the general public. 10
(e) In making the determination under subsection (d) of this section, the 11
department shall consider: 12
(1) the policy of the State expressed in subsection (c) of this section; 13
(2) the specific duties and responsibilities required of a licensee or 14
certificate holder; 15
(3) whether the applicant’s previous conviction has any impact on the 16
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 17
license or certificate; 18
(4) the age of the applicant at the time of the conviction and the amount of 19
time that has elapsed since the conviction; 20
(5) the seriousness of the offense for which the applicant was convicted; 21
(6) other information provided by the applicant or on the applicant’s behalf 22
with regard to the applicant’s rehabilitation and good conduct; and 23
(7) the legitimate interest of the department in protecting property and the 24
safety and welfare of specific individuals or the general public. 25
(f) (1) This subsection does not apply to a conviction of a crime for which 26
registration on the sex offender registry is required under Title 11, Subtitle 7 of this article. 27
(2) If a period of 7 years or more has passed since an applicant completed 28
serving the sentence for a crime, including all imprisonment, mandatory supervision, 29
probation, and parole, and the applicant has not been charged with another crime other 30
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 31
department may not deny an occupational license or certificate to the applicant solely on 32
the basis that the applicant was previously convicted of the crime. 33
HOUSE BILL 1000 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2