Maryland 2025 Regular Session

Maryland Senate Bill SB624 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0624
6	6
7	7	SENATE BILL 624
8	8	E1, P1 5lr1983
9	9	CF 5lr1984
10	10	By: Senator Lam
11	11	Introduced and read first time: January 25, 2025
12	12	Assigned to: Judicial Proceedings and Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Relocation of Human Remains – Authorization Process 2
19	19
20	20	FOR the purpose of requiring a person seeking to relocate human remains from a burial 3
21	21	site to apply for approval for relocation with the Office of Cemetery Oversight before 4
22	22	seeking authorization from a State’s Attorney; establishing requirements and 5
23	23	procedures for an application for authorization to relocate human remains; requiring 6
24	24	the Office of Cemetery Oversight to delay authorization for relocation of human 7
25	25	remains under certain circumstances; requiring certain fines and fees to be remitted 8
26	26	to the Cemetery Oversight Fund; and generally relating to the removal of human 9
27	27	remains. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Criminal Law 12
31	31	Section 10–402 13
32	32	Annotated Code of Maryland 14
33	33	(2021 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Criminal Law 17
37	37	Section 10–402.1 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2024 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Criminal Law 23
45	45
46	46	10–402. 24
47	47	2 SENATE BILL 624
48	48
49	49
50	50	(a) Except as provided in subsections (b) and (f) of this section, a person may not 1
51	51	remove or attempt to remove human remains from a burial site. 2
52	52
53	53	(b) Subject to subsection (c) of this section, the State’s Attorney for a county may 3
54	54	authorize in writing the removal of human remains from a burial site in the State’s 4
55	55	Attorney’s jurisdiction: 5
56	56
57	57	(1) to ascertain the cause of death of the person whose remains are to be 6
58	58	removed; 7
59	59
60	60	(2) to determine whether the human remains were interred erroneously; 8
61	61
62	62	(3) for the purpose of reburial; or 9
63	63
64	64	(4) for medical or scientific examination or study allowed by law. 10
65	65
66	66	(c) (1) Except as provided in paragraph [(4)] (2) of this subsection, the State’s 11
67	67	Attorney for a county shall require a person who requests authorization to relocate 12
68	68	permanently human remains from a burial site to [publish a notice of the proposed 13
69	69	relocation in a newspaper of general circulation in the county where the burial site is 14
70	70	located] PROVIDE DOCUMENTATION OF APPROVAL OF THE RELOCATION BY THE 15
71	71	OFFICE OF CEMETERY OVERSIGHT. 16
72	72
73	73	(2) [The notice shall be published in the newspaper one time. 17
74	74
75	75	(3) The notice shall contain: 18
76	76
77	77	(i) a statement that authorization from the State’s Attorney is being 19
78	78	requested to remove human remains from a burial site; 20
79	79
80	80	(ii) the purpose for which the authorization is being requested; 21
81	81
82	82	(iii) the location of the burial site, including the tax map and parcel 22
83	83	number or liber and folio number; and 23
84	84
85	85	(iv) all known pertinent information concerning the burial site, 24
86	86	including the names of the persons whose human remains are interred in the burial site, if 25
87	87	known. 26
88	88
89	89	(4)] (i) The State’s Attorney may authorize the temporary relocation of 27
90	90	human remains from a burial site for good cause, notwithstanding the [notice] 28
91	91	requirements of this subsection. 29
92	92
93	93	(ii) If the person requesting the authorization subsequently intends 30
94	94	to relocate the remains permanently, the person promptly shall [publish notice] REQUEST 31 SENATE BILL 624 3
95	95
96	96
97	97	APPROVAL FROM THE OFFICE OF CEMETERY OVERSIGHT as required under [this 1
98	98	subsection] § 10–402.1 OF THIS SUBTITLE . 2
99	99
100	100	[(5) The person requesting the authorization from the State’s Attorney shall 3
101	101	pay the cost of publishing the notice. 4
102	102
103	103	(6) The State’s Attorney may authorize the removal of the human remains 5
104	104	from the burial site after: 6
105	105
106	106	(i) receiving proof of the publication required under paragraph (1) 7
107	107	of this subsection; and 8
108	108
109	109	(ii) 15 days after the date of publication. 9
110	110
111	111	(7)] (3) This subsection may not be construed to delay, prohibit, or 10
112	112	otherwise limit the State’s Attorney’s authorization for the removal of human remains from 11
113	113	a burial site. 12
114	114
115	115	[(8)] (4) For a known, but not necessarily documented, unmarked burial 13
116	116	site, the person requesting authorization for the removal of human remains from the burial 14
117	117	site has the burden of proving by [archaeological excavation or another acceptable method] 15
118	118	METHODS APPROVED BY THE OFFICE OF CEMETERY OVERSIGHT the precise location 16
119	119	and boundaries of the burial site. 17
120	120
121	121	(d) (1) Any human remains that are removed from a burial site under this 18
122	122	section shall be reinterred in: 19
123	123
124	124	(i) 1. a permanent cemetery that provides perpetual care; or 20
125	125
126	126	2. a place other than a permanent cemetery with the 21
127	127	agreement of a person in interest as defined under § 14–121(a)(4) of the Real Property 22
128	128	Article; and 23
129	129
130	130	(ii) in the presence of: 24
131	131
132	132	1. a mortician, professional cemeterian, or other individual 25
133	133	qualified in the interment of human remains; 26
134	134
135	135	2. a minister, priest, or other religious leader; or 27
136	136
137	137	3. a trained anthropologist or archaeologist. 28
138	138
139	139	(2) The location of the final disposition and treatment of human remains 29
140	140	that are removed from a burial site under this section shall be entered into the local burial 30
141	141	sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed 31
142	142	appropriate by the State’s Attorney or the Maryland Historical Trust. 32 4 SENATE BILL 624
143	143
144	144
145	145
146	146	(e) This section may not be construed to: 1
147	147
148	148	(1) preempt the need for a permit required by the Maryland Department of 2
149	149	Health under § 4–215 of the Health – General Article to remove human remains from a 3
150	150	burial site; or 4
151	151
152	152	(2) interfere with the normal operation and maintenance of a cemetery, as 5
153	153	long as the operation and maintenance of the cemetery are performed in accordance with 6
154	154	State law. 7
155	155
156	156	(f) (1) Subject to paragraphs (2) and (3) of this subsection, human remains or 8
157	157	the remains of a decedent after cremation, as defined in § 5–508 of the Health – General 9
158	158	Article, may be removed from a burial site within a permanent cemetery and reinterred in: 10
159	159
160	160	(i) the same burial site; or 11
161	161
162	162	(ii) another burial site within the boundary of the same permanent 12
163	163	cemetery. 13
164	164
165	165	(2) The following persons, in the order of priority stated, may arrange for 14
166	166	a reinterment of remains under paragraph (1) of this section: 15
167	167
168	168	(i) the surviving spouse or domestic partner of the decedent; 16
169	169
170	170	(ii) an adult child of the decedent; 17
171	171
172	172	(iii) a parent of the decedent; 18
173	173
174	174	(iv) an adult brother or sister of the decedent; 19
175	175
176	176	(v) a person acting as a representative of the decedent under a 20
177	177	signed authorization of the decedent; or 21
178	178
179	179	(vi) the guardian of the person of the decedent at the time of the 22
180	180	decedent’s death, if one has been appointed. 23
181	181
182	182	(3) (i) The reinterment under paragraph (1) of this subsection may be 24
183	183	done without the need for obtaining the authorization of the State’s Attorney under 25
184	184	subsection (b) of this section or [providing the notice required under subsection (c) of this 26
185	185	section] FROM THE OFFICE OF CEMETERY OVERSIGHT UNDER § 10–402.1 OF THIS 27
186	186	SUBTITLE. 28
187	187
188	188	(ii) 1. A person who arranges for the reinterment of remains 29
189	189	within a permanent cemetery under paragraph (1)(ii) of this subsection, within 30 days 30
190	190	after the reinterment, shall publish a notice of the reinterment in a newspaper of general 31
191	191	circulation in the county where the permanent cemetery is located. 32 SENATE BILL 624 5
192	192
193	193
194	194
195	195	2. The notice shall be published in the newspaper one time. 1
196	196
197	197	3. The notice shall contain: 2
198	198
199	199	A. a statement that the reinterment took place; 3
200	200
201	201	B. the reason for the reinterment; 4
202	202
203	203	C. the location of the burial site from which remains have 5
204	204	been removed, including the tax map and parcel number or liber and folio number; 6
205	205
206	206	D. the location of the burial site in which the remains have 7
207	207	been reinterred, including the tax map and parcel number or liber and folio number; and 8
208	208
209	209	E. all known pertinent information concerning the burial 9
210	210	sites, including the names of the persons whose cremated remains or human remains are 10
211	211	interred in the burial sites, if known. 11
212	212
213	213	(iii) Within 45 days after the reinterment, a person who arranges for 12
214	214	a reinterment of remains under paragraph (1)(ii) of this subsection shall provide a copy of 13
215	215	the notice required under this paragraph to the Office of Cemetery Oversight. 14
216	216
217	217	(4) The location of a reinterment of remains under paragraph (1) of this 15
218	218	subsection shall be entered into the inventory of the local burial sites or, if no inventory 16
219	219	exists, into a record or inventory deemed appropriate by the Maryland Historical Trust. 17
220	220
221	221	(g) (1) A person who violates this section is guilty of a misdemeanor and on 18
222	222	conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 19
223	223	or both. 20
224	224
225	225	(2) NOTWITHSTANDING THE P ROVISIONS OF §§ 7–506 AND 7–507 OF 21
226	226	THE COURTS ARTICLE, ALL FINES COLLECTED UNDE R THIS SUBSECTION SH ALL BE 22
227	227	REMITTED TO THE CEMETERY OVERSIGHT FUND UNDER § 5–205 OF THE BUSINESS 23
228	228	REGULATION ARTICLE. 24
229	229
230	230	(h) A person who violates this section is subject to § 5–106(b) of the Courts Article. 25
231	231
232	232	10–402.1. 26
233	233
234	234	(A) IN THIS SECTION , “OFFICE” MEANS THE OFFICE OF CEMETERY 27
235	235	OVERSIGHT. 28
236	236
237	237	(B) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , BEFORE 29
238	238	SEEKING AUTHORIZATIO N FROM A STATE’S ATTORNEY TO PERMANENT LY 30 6 SENATE BILL 624
239	239
240	240
241	241	RELOCATE HUMAN REMAI NS UNDER § 10–402 OF THIS SUBTITLE , THE PERSON 1
242	242	SEEKING TO PERMANENT LY RELOCATE THE REMA INS SHALL: 2
243	243
244	244	(1) PROMINENTLY POST NOT ICE OF THE REQUEST A T THE BURIAL 3
245	245	SITE IN A FORM APPRO VED BY THE OFFICE; 4
246	246
247	247	(2) PUBLISH NOTICE OF TH E PROPOSED RELOCATIO N IN A 5
248	248	NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE BURIAL SITE 6
249	249	FROM WHICH THE HUMAN REMAINS ARE BEING RELOCATED CONTAIN ING: 7
250	250
251	251	(I) A STATEMENT THAT AN APPLICATION TO RE LOCATE HUMAN 8
252	252	REMAINS FROM A BURIA L SITE HAS BEEN FILED WITH THE OFFICE; 9
253	253
254	254	(II) THE REASON FOR THE RELOC ATION; 10
255	255
256	256	(III) THE LOCATION OF THE EXISTING BURIAL SITE, INCLUDING 11
257	257	THE TAX MAP AND PARC EL NUMBER, OR LIBER AND FOLIO N UMBER OF THE SITE ; 12
258	258
259	259	(IV) ALL KNOWN PERTINENT INFORMATION CONCERNI NG THE 13
260	260	BURIAL SITE, INCLUDING THE NAMES OF THE INDIVIDUALS W HOSE HUMAN REMAINS 14
261	261	ARE INTERRED IN THE BURIAL SITE; AND 15
262	262
263	263	(V) ANY OTHER INFORMATIO N THAT THE OFFICE REQUIRES; 16
264	264	AND 17
265	265
266	266	(3) PROVIDE NOTICE OF THE INTENT TO PERMANENTLY RELOCATE 18
267	267	THE HUMAN REMAINS TO POTENTIAL DESCEND ANTS IN A MANNER DETERMIN ED BY 19
268	268	THE OFFICE. 20
269	269
270	270	(C) A PERSON REQUESTING AU THORIZATION UNDER TH IS SECTION SHALL 21
271	271	PAY THE COST OF PUBL ISHING NOTICE REQUIR ED UNDER SUBSECTION (B)(2) OF 22
272	272	THIS SECTION. 23
273	273
274	274	(D) (1) NOT EARLIER THAN 30 DAYS AFTER PROVIDING NOTICE IN 24
275	275	ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION , A PERSON SEEKING TO 25
276	276	RELOCATE HUMAN REMAI NS FROM A BURIAL SIT E SHALL SUBMIT AN APPLICATIO N 26
277	277	FOR AUTHORIZATION TO RELOCATE HUMAN RE MAINS ON A FORM DEVELOP ED BY 27
278	278	THE OFFICE. 28
279	279
280	280	(2) THE OFFICE MAY APPROVE A REQUES T TO PERMANENTLY 29
281	281	RELOCATE HUMAN REMAI NS IF: 30
282	282	SENATE BILL 624 7
283	283
284	284
285	285	(I) AT LEAST 30 DAYS HAVE PASSED SIN CE THE APPLICANT 1
286	286	PROVIDED NOTICE IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; AND 2
287	287
288	288	(II) THE APPLICANT PAYS AN APPLICATION FEE SET BY THE 3
289	289	OFFICE. 4
290	290
291	291	(E) AN APPLICANT WHO IS AN INDIVIDUAL DES CRIBED IN § 10–402(F)(2) OF 5
292	292	THIS SUBTITLE, OR AN ADULT DIRECT D ESCENDANT OF THE DEC EDENT, IS NOT 6
293	293	REQUIRED TO PROMINEN TLY POST NOTICE AT A BURIAL SITE OR PROVI DE NOTICE 7
294	294	TO POTENTIAL DESCEND ANTS. 8
295	295
296	296	(F) (1) ON WRITTEN REQUEST BY ANY PERSON MADE WITHIN 30 DAYS 9
297	297	AFTER THE PUBLICATION AND POST ING OF NOTICE REQUIR ED UNDER SUBSECTION 10
298	298	(B) OF THIS SECTION , THE OFFICE SHALL REQUIRE THE APPLICANT SEEKING 11
299	299	AUTHORIZATION TO HOL D AN INFORMATIONAL M EETING REGARDING THE 12
300	300	APPLICATION. 13
301	301
302	302	(2) THE INFORMATIONAL MEE TING REQUIRED UNDER THIS 14
303	303	SUBSECTION MAY BE CANCELED IF EACH PERSON WHO MADE TIMELY REQU ESTS 15
304	304	UNDER PARAGRAPH (1) OF THIS SUBSECTION W ITHDRAWS THE REQUEST BEFORE 16
305	305	THE MEETING. 17
306	306
307	307	(G) (1) IF AN INDIVIDUAL DESC RIBED IN § 10–402(F)(2) OF THIS 18
308	308	SUBTITLE, OR AN ADULT DIRECT D ESCENDANT OF THE DEC EDENT, REQUESTS TO 19
309	309	REINTER HUMAN REMAIN S FOR WHICH AN APPLICA TION TO RELOCATE HAS BEEN 20
310	310	FILED, THE OFFICE OF CEMETERY OVERSIGHT SHALL DELAY THE REINTERMENT 21
311	311	PROCESS FOR 90 DAYS. 22
312	312
313	313	(2) DURING THE 90 DAYS DESCRIBED IN PARAGRAPH (1) OF THIS 23
314	314	SUBSECTION, THE OFFICE SHALL RESOLVE THE REQUEST FROM AN INDIVIDUAL 24
315	315	DESCRIBED IN § 10–402(F)(2) OF THIS SUBTITLE , OR AN ADULT DIRECT 25
316	316	DESCENDANT OF THE DE CEDENT. 26
317	317
318	318	(3) THE OFFICE MAY REQUIRE EV IDENCE OF THE RELATI ONSHIP TO 27
319	319	THE DECEDENT BEFORE DELAYING A REINTERMENT UNDER PARAGRAPH (1) OF 28
320	320	THIS SUBSECTION . 29
321	321
322	322	(H) ALL FEES COLLECTED UN DER THIS SECTION SHA LL BE REMITTED TO 30
323	323	THE CEMETERY OVERSIGHT FUND UNDER § 5–205 OF THE BUSINESS REGULATION 31
324	324	ARTICLE. 32
325	325
326	326	SECTION 2. AND BE IT FURTHER ENACTED, That , on or before January 1, 2026, 33
327	327	the Maryland Department of Health shall, in consultation with the Office of Cemetery 34 8 SENATE BILL 624
328	328
329	329
330	330	Oversight, update regulations regarding disinterment and reinterment to carry out the 1
331	331	duties of this Act. 2
332	332
333	333	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
334	334	October 1, 2025. 4