Criminal Law – Human Remains, Pet Remains, and Cemeteries – Prohibitions
The bill imposes severe penalties for violations, classifying them as felonies. First-time offenders could face imprisonment ranging from five to ten years, or substantial fines starting at $20,000. Subsequent violations attract even harsher penalties, reflecting a clear legislative intent to deter crimes against cemeteries and uphold the dignity of the deceased and the wishes of their families. The legislation also allows family members or descendants of the deceased to seek civil remedies for damages caused by violations of these prohibitions, thereby providing a direct pathway for justice for those affected.
Senate Bill 616 focuses on the legal protections surrounding human and pet remains within cemeteries. The bill defines the terms associated with cemeteries and outlines specific prohibited actions concerning human remains, including tampering, desecration, and removal without authorization. According to the proposed legislation, a 'permanent cemetery' can now be owned by families or religious organizations, expanding the definition to encompass various community-owned sites. This change aims to include more local entities in the management of burial practices and enhance the respect for interred remains.
Debate surrounding SB616 may arise primarily around the balance of preserving the sanctity of burial sites versus the rights of individuals and public entities involved in cemetery management. Critics may argue that certain provisions could place unnecessary burdens on individuals wishing to manage their family burial sites. Additionally, concerns may surface regarding how well private ownership and religious organization oversight align with community interests and legal obligations to protect these sacred spaces.