EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0624*
SENATE BILL 624
E1, P1 5lr1983
CF 5lr1984
By: Senator Lam
Introduced and read first time: January 25, 2025
Assigned to: Judicial Proceedings and Finance
A BILL ENTITLED
AN ACT concerning 1
Relocation of Human Remains – Authorization Process 2
FOR the purpose of requiring a person seeking to relocate human remains from a burial 3
site to apply for approval for relocation with the Office of Cemetery Oversight before 4
seeking authorization from a State’s Attorney; establishing requirements and 5
procedures for an application for authorization to relocate human remains; requiring 6
the Office of Cemetery Oversight to delay authorization for relocation of human 7
remains under certain circumstances; requiring certain fines and fees to be remitted 8
to the Cemetery Oversight Fund; and generally relating to the removal of human 9
remains. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 10–402 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Criminal Law 17
Section 10–402.1 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Criminal Law 23
10–402. 24
2 SENATE BILL 624
(a) Except as provided in subsections (b) and (f) of this section, a person may not 1
remove or attempt to remove human remains from a burial site. 2
(b) Subject to subsection (c) of this section, the State’s Attorney for a county may 3
authorize in writing the removal of human remains from a burial site in the State’s 4
Attorney’s jurisdiction: 5
(1) to ascertain the cause of death of the person whose remains are to be 6
removed; 7
(2) to determine whether the human remains were interred erroneously; 8
(3) for the purpose of reburial; or 9
(4) for medical or scientific examination or study allowed by law. 10
(c) (1) Except as provided in paragraph [(4)] (2) of this subsection, the State’s 11
Attorney for a county shall require a person who requests authorization to relocate 12
permanently human remains from a burial site to [publish a notice of the proposed 13
relocation in a newspaper of general circulation in the county where the burial site is 14
located] PROVIDE DOCUMENTATION OF APPROVAL OF THE RELOCATION BY THE 15
OFFICE OF CEMETERY OVERSIGHT. 16
(2) [The notice shall be published in the newspaper one time. 17
(3) The notice shall contain: 18
(i) a statement that authorization from the State’s Attorney is being 19
requested to remove human remains from a burial site; 20
(ii) the purpose for which the authorization is being requested; 21
(iii) the location of the burial site, including the tax map and parcel 22
number or liber and folio number; and 23
(iv) all known pertinent information concerning the burial site, 24
including the names of the persons whose human remains are interred in the burial site, if 25
known. 26
(4)] (i) The State’s Attorney may authorize the temporary relocation of 27
human remains from a burial site for good cause, notwithstanding the [notice] 28
requirements of this subsection. 29
(ii) If the person requesting the authorization subsequently intends 30
to relocate the remains permanently, the person promptly shall [publish notice] REQUEST 31 SENATE BILL 624 3
APPROVAL FROM THE OFFICE OF CEMETERY OVERSIGHT as required under [this 1
subsection] § 10–402.1 OF THIS SUBTITLE . 2
[(5) The person requesting the authorization from the State’s Attorney shall 3
pay the cost of publishing the notice. 4
(6) The State’s Attorney may authorize the removal of the human remains 5
from the burial site after: 6
(i) receiving proof of the publication required under paragraph (1) 7
of this subsection; and 8
(ii) 15 days after the date of publication. 9
(7)] (3) This subsection may not be construed to delay, prohibit, or 10
otherwise limit the State’s Attorney’s authorization for the removal of human remains from 11
a burial site. 12
[(8)] (4) For a known, but not necessarily documented, unmarked burial 13
site, the person requesting authorization for the removal of human remains from the burial 14
site has the burden of proving by [archaeological excavation or another acceptable method] 15
METHODS APPROVED BY THE OFFICE OF CEMETERY OVERSIGHT the precise location 16
and boundaries of the burial site. 17
(d) (1) Any human remains that are removed from a burial site under this 18
section shall be reinterred in: 19
(i) 1. a permanent cemetery that provides perpetual care; or 20
2. a place other than a permanent cemetery with the 21
agreement of a person in interest as defined under § 14–121(a)(4) of the Real Property 22
Article; and 23
(ii) in the presence of: 24
1. a mortician, professional cemeterian, or other individual 25
qualified in the interment of human remains; 26
2. a minister, priest, or other religious leader; or 27
3. a trained anthropologist or archaeologist. 28
(2) The location of the final disposition and treatment of human remains 29
that are removed from a burial site under this section shall be entered into the local burial 30
sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed 31
appropriate by the State’s Attorney or the Maryland Historical Trust. 32 4 SENATE BILL 624
(e) This section may not be construed to: 1
(1) preempt the need for a permit required by the Maryland Department of 2
Health under § 4–215 of the Health – General Article to remove human remains from a 3
burial site; or 4
(2) interfere with the normal operation and maintenance of a cemetery, as 5
long as the operation and maintenance of the cemetery are performed in accordance with 6
State law. 7
(f) (1) Subject to paragraphs (2) and (3) of this subsection, human remains or 8
the remains of a decedent after cremation, as defined in § 5–508 of the Health – General 9
Article, may be removed from a burial site within a permanent cemetery and reinterred in: 10
(i) the same burial site; or 11
(ii) another burial site within the boundary of the same permanent 12
cemetery. 13
(2) The following persons, in the order of priority stated, may arrange for 14
a reinterment of remains under paragraph (1) of this section: 15
(i) the surviving spouse or domestic partner of the decedent; 16
(ii) an adult child of the decedent; 17
(iii) a parent of the decedent; 18
(iv) an adult brother or sister of the decedent; 19
(v) a person acting as a representative of the decedent under a 20
signed authorization of the decedent; or 21
(vi) the guardian of the person of the decedent at the time of the 22
decedent’s death, if one has been appointed. 23
(3) (i) The reinterment under paragraph (1) of this subsection may be 24
done without the need for obtaining the authorization of the State’s Attorney under 25
subsection (b) of this section or [providing the notice required under subsection (c) of this 26
section] FROM THE OFFICE OF CEMETERY OVERSIGHT UNDER § 10–402.1 OF THIS 27
SUBTITLE. 28
(ii) 1. A person who arranges for the reinterment of remains 29
within a permanent cemetery under paragraph (1)(ii) of this subsection, within 30 days 30
after the reinterment, shall publish a notice of the reinterment in a newspaper of general 31
circulation in the county where the permanent cemetery is located. 32 SENATE BILL 624 5
2. The notice shall be published in the newspaper one time. 1
3. The notice shall contain: 2
A. a statement that the reinterment took place; 3
B. the reason for the reinterment; 4
C. the location of the burial site from which remains have 5
been removed, including the tax map and parcel number or liber and folio number; 6
D. the location of the burial site in which the remains have 7
been reinterred, including the tax map and parcel number or liber and folio number; and 8
E. all known pertinent information concerning the burial 9
sites, including the names of the persons whose cremated remains or human remains are 10
interred in the burial sites, if known. 11
(iii) Within 45 days after the reinterment, a person who arranges for 12
a reinterment of remains under paragraph (1)(ii) of this subsection shall provide a copy of 13
the notice required under this paragraph to the Office of Cemetery Oversight. 14
(4) The location of a reinterment of remains under paragraph (1) of this 15
subsection shall be entered into the inventory of the local burial sites or, if no inventory 16
exists, into a record or inventory deemed appropriate by the Maryland Historical Trust. 17
(g) (1) A person who violates this section is guilty of a misdemeanor and on 18
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 19
or both. 20
(2) NOTWITHSTANDING THE P ROVISIONS OF §§ 7–506 AND 7–507 OF 21
THE COURTS ARTICLE, ALL FINES COLLECTED UNDE R THIS SUBSECTION SH ALL BE 22
REMITTED TO THE CEMETERY OVERSIGHT FUND UNDER § 5–205 OF THE BUSINESS 23
REGULATION ARTICLE. 24
(h) A person who violates this section is subject to § 5–106(b) of the Courts Article. 25
10–402.1. 26
(A) IN THIS SECTION , “OFFICE” MEANS THE OFFICE OF CEMETERY 27
OVERSIGHT. 28
(B) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , BEFORE 29
SEEKING AUTHORIZATIO N FROM A STATE’S ATTORNEY TO PERMANENT LY 30 6 SENATE BILL 624
RELOCATE HUMAN REMAI NS UNDER § 10–402 OF THIS SUBTITLE , THE PERSON 1
SEEKING TO PERMANENT LY RELOCATE THE REMA INS SHALL: 2
(1) PROMINENTLY POST NOT ICE OF THE REQUEST A T THE BURIAL 3
SITE IN A FORM APPRO VED BY THE OFFICE; 4
(2) PUBLISH NOTICE OF TH E PROPOSED RELOCATIO N IN A 5
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE BURIAL SITE 6
FROM WHICH THE HUMAN REMAINS ARE BEING RELOCATED CONTAIN ING: 7
(I) A STATEMENT THAT AN APPLICATION TO RE LOCATE HUMAN 8
REMAINS FROM A BURIA L SITE HAS BEEN FILED WITH THE OFFICE; 9
(II) THE REASON FOR THE RELOC ATION; 10
(III) THE LOCATION OF THE EXISTING BURIAL SITE, INCLUDING 11
THE TAX MAP AND PARC EL NUMBER, OR LIBER AND FOLIO N UMBER OF THE SITE ; 12
(IV) ALL KNOWN PERTINENT INFORMATION CONCERNI NG THE 13
BURIAL SITE, INCLUDING THE NAMES OF THE INDIVIDUALS W HOSE HUMAN REMAINS 14
ARE INTERRED IN THE BURIAL SITE; AND 15
(V) ANY OTHER INFORMATIO N THAT THE OFFICE REQUIRES; 16
AND 17
(3) PROVIDE NOTICE OF THE INTENT TO PERMANENTLY RELOCATE 18
THE HUMAN REMAINS TO POTENTIAL DESCEND ANTS IN A MANNER DETERMIN ED BY 19
THE OFFICE. 20
(C) A PERSON REQUESTING AU THORIZATION UNDER TH IS SECTION SHALL 21
PAY THE COST OF PUBL ISHING NOTICE REQUIR ED UNDER SUBSECTION (B)(2) OF 22
THIS SECTION. 23
(D) (1) NOT EARLIER THAN 30 DAYS AFTER PROVIDING NOTICE IN 24
ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION , A PERSON SEEKING TO 25
RELOCATE HUMAN REMAI NS FROM A BURIAL SIT E SHALL SUBMIT AN APPLICATIO N 26
FOR AUTHORIZATION TO RELOCATE HUMAN RE MAINS ON A FORM DEVELOP ED BY 27
THE OFFICE. 28
(2) THE OFFICE MAY APPROVE A REQUES T TO PERMANENTLY 29
RELOCATE HUMAN REMAI NS IF: 30
SENATE BILL 624 7
(I) AT LEAST 30 DAYS HAVE PASSED SIN CE THE APPLICANT 1
PROVIDED NOTICE IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; AND 2
(II) THE APPLICANT PAYS AN APPLICATION FEE SET BY THE 3
OFFICE. 4
(E) AN APPLICANT WHO IS AN INDIVIDUAL DES CRIBED IN § 10–402(F)(2) OF 5
THIS SUBTITLE, OR AN ADULT DIRECT D ESCENDANT OF THE DEC EDENT, IS NOT 6
REQUIRED TO PROMINEN TLY POST NOTICE AT A BURIAL SITE OR PROVI DE NOTICE 7
TO POTENTIAL DESCEND ANTS. 8
(F) (1) ON WRITTEN REQUEST BY ANY PERSON MADE WITHIN 30 DAYS 9
AFTER THE PUBLICATION AND POST ING OF NOTICE REQUIR ED UNDER SUBSECTION 10
(B) OF THIS SECTION , THE OFFICE SHALL REQUIRE THE APPLICANT SEEKING 11
AUTHORIZATION TO HOL D AN INFORMATIONAL M EETING REGARDING THE 12
APPLICATION. 13
(2) THE INFORMATIONAL MEE TING REQUIRED UNDER THIS 14
SUBSECTION MAY BE CANCELED IF EACH PERSON WHO MADE TIMELY REQU ESTS 15
UNDER PARAGRAPH (1) OF THIS SUBSECTION W ITHDRAWS THE REQUEST BEFORE 16
THE MEETING. 17
(G) (1) IF AN INDIVIDUAL DESC RIBED IN § 10–402(F)(2) OF THIS 18
SUBTITLE, OR AN ADULT DIRECT D ESCENDANT OF THE DEC EDENT, REQUESTS TO 19
REINTER HUMAN REMAIN S FOR WHICH AN APPLICA TION TO RELOCATE HAS BEEN 20
FILED, THE OFFICE OF CEMETERY OVERSIGHT SHALL DELAY THE REINTERMENT 21
PROCESS FOR 90 DAYS. 22
(2) DURING THE 90 DAYS DESCRIBED IN PARAGRAPH (1) OF THIS 23
SUBSECTION, THE OFFICE SHALL RESOLVE THE REQUEST FROM AN INDIVIDUAL 24
DESCRIBED IN § 10–402(F)(2) OF THIS SUBTITLE , OR AN ADULT DIRECT 25
DESCENDANT OF THE DE CEDENT. 26
(3) THE OFFICE MAY REQUIRE EV IDENCE OF THE RELATI ONSHIP TO 27
THE DECEDENT BEFORE DELAYING A REINTERMENT UNDER PARAGRAPH (1) OF 28
THIS SUBSECTION . 29
(H) ALL FEES COLLECTED UN DER THIS SECTION SHA LL BE REMITTED TO 30
THE CEMETERY OVERSIGHT FUND UNDER § 5–205 OF THE BUSINESS REGULATION 31
ARTICLE. 32
SECTION 2. AND BE IT FURTHER ENACTED, That , on or before January 1, 2026, 33
the Maryland Department of Health shall, in consultation with the Office of Cemetery 34 8 SENATE BILL 624
Oversight, update regulations regarding disinterment and reinterment to carry out the 1
duties of this Act. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4