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ROBERT L. EHRLICH, JR., Governor Ch. 208
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved April 26, 2005.
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CHAPTER 208
(House Bill 410)
AN ACT concerning
Criminal Law - Destroying Funerary Objects - Revisions
FOR the purpose of repealing the element of willfulness in certain prohibitions
relating to the destruction of funerary objects; providing that a certain
prohibition against the destruction of funerary objects does not prohibit certain
repair or replacement activities; providing that a certain prohibition relating to
the destruction of funerary objects does not prohibit certain care and
maintenance activities; and generally relating to the prohibition against
destruction of funerary objects.
BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 10-404
Annotated Code of Maryland
(2002 Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Law
10-404.
(a) (1) [A] SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, A person may not [willfully] destroy, damage, deface, or remove:
[(1)](I) an associated funerary object or another structure placed in a
cemetery; or
[(2)] (II) a building, wall, fence, railing, or other work, for the use,
protection, or ornamentation of a cemetery.
(2) THE PROVISIONS OF PARAGRAPH (1) OF THIS SUBSECTION DO NOT
PROHIBIT THE REMOVAL OF A FUNERARY OBJECT OR A BUILDING, WALL, FENCE,
RAILING, OR OTHER OBJECT INSTALLED FOR THE USE, PROTECTION, OR
ORNAMENTATION OF A CEMETERY OR BURIAL SITE, FOR THE PURPOSE OF REPAIR
OR REPLACEMENT, EITHER AT THE REQUEST OF OR WITH THE PERMISSION OF HEIRS
OR DESCENDANTS OF THE DECEASED OR THE OWNER OR MANAGER OF THE
CEMETERY OR BURIAL SITE.
- 1185 -
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