H*3184(Rat #0371, Act #0307 of 1998)  General Bill, By Davenport

Similar(H 3197)
 A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR
 REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY
 PENALTIES FOR CERTAIN VIOLATIONS, TO REQUIRE COMMUNITY SERVICE FOR CERTAIN
 VIOLATIONS, TO PROVIDE THAT A CREMATORY OPERATOR IS NEITHER CIVILLY NOR
 CRIMINALLY LIABLE FOR CREMATING A BODY WHICH HAS BEEN INCORRECTLY IDENTIFIED
 OR THE FUNERAL DIRECTOR HAS OBTAINED INVALID AUTHORIZATION TO CREMATE, AND TO
 PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A CREMATORY OPERATOR WHO KNEW OR
 SHOULD HAVE KNOWN THAT THE BODY WAS INCORRECTLY IDENTIFIED.-AMENDED TITLE

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-74
   01/14/97  House  Referred to Committee on Judiciary HJ-74
   02/12/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-7
   02/13/97  House  Amended HJ-12
   02/13/97  House  Read second time HJ-13
   02/13/97  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   02/14/97  House  Read third time and sent to Senate HJ-1
   02/18/97  Senate Introduced and read first time SJ-8
   02/18/97  Senate Referred to Committee on Judiciary SJ-8
   05/14/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/15/97  Senate Amended SJ-15
   05/15/97  Senate Read second time SJ-15
   05/15/97  Senate Ordered to third reading with notice of
                     amendments SJ-15
   04/02/98  Senate Read third time and returned to House with
                     amendments SJ-33
   04/08/98  House  Point of order- Senate amendments not printed and
                     on desks for 24 hours HJ-34
   04/15/98  House  Debate adjourned on Senate amendments until
                     Thursday, April 16, 1998 HJ-37
   04/16/98  House  Concurred in Senate amendment and enrolled HJ-23
   05/21/98         Ratified R 371
   05/26/98         Signed By Governor
   05/26/98         Effective date 05/26/98
   06/10/98         Copies available
   06/10/98         Act No. 307

AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS, TO REQUIRE COMMUNITY SERVICE FOR CERTAIN VIOLATIONS, TO PROVIDE THAT A CREMATORY OPERATOR IS NEITHER CIVILLY NOR CRIMINALLY LIABLE FOR CREMATING A BODY WHICH HAS BEEN INCORRECTLY IDENTIFIED OR THE FUNERAL DIRECTOR HAS OBTAINED INVALID AUTHORIZATION TO CREMATE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A CREMATORY OPERATOR WHO KNEW OR SHOULD HAVE KNOWN THAT THE BODY WAS INCORRECTLY IDENTIFIED.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties increased; community service; crematory operators' immunity

SECTION 1. Section 16-17-600 of the 1976 Code, as last amended by Section 37, Act 184 of 1993, is further amended to read:

Section 16-17-600. (A) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:

(1) destroy or damage the remains of a deceased human being;

(2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or

(3) desecrate human remains.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not less than one year nor more than ten years, or both.

A crematory operator is neither civilly nor criminally liable for cremating a body which (1) has been incorrectly identified by the funeral director, coroner, medical examiner, or person authorized by law to bring the deceased to the crematory; or (2) the funeral director has obtained invalid authorization to cremate. This immunity does not apply to a crematory operator who knew or should have known that the body was incorrectly identified.

(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:

(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;

(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or

(3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.

A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both.

(C) It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park.

A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury, and further must be required to perform up to five hundred hours of community service in an amount to be determined by the court.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 26th day of May, 1998.