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Ch. 591
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2000 LAWS OF MARYLAND
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OF THE EARTH, INTO WHICH HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS
ARE DEPOSITED AS A PART OF A DEATH RITE OR CEREMONY OF ANY CULTURE,
RELIGION, OR GROUP.
(II) "BURIAL SITE" INCLUDES THE HUMAN REMAINS AND
ASSOCIATED FUNERARY OBJECTS THAT RESULT FROM A SHIPWRECK OR ACCIDENT
AND ARE INTENTIONALLY LEFT TO REMAIN AT THE SITE.
(4) "PERMANENT CEMETERY' MEANS A CEMETERY THAT IS OWNED BY:
(I) A CEMETERY COMPANY REGULATED UNDER TITLE 5 OF THE
BUSINESS REGULATION ARTICLE;
(II) A NONPROFIT ORGANIZATION; OR
(III) THE STATE.
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
PERSON MAY NOT REMOVE OR ATTEMPT TO REMOVE HUMAN REMAINS OR
ASSOCIATED FUNERARY OBJECTS FROM ANY BURIAL SITE IN THE STATE.
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND SHALL BE SENTENCED TO THE PENITENTIARY FOR NOT LESS
THAN 5 OR MORE THAN 15 YEARS ON CONVICTION IS SUBJECT TO A FINE OF NOT
MORE THAN $10,000 OR IMPRISONMENT IN THE PENITENTIARY FOR NOT MORE THAN
5 YEARS OR BOTH.
(C) SUBJECT TO THE PROVISIONS OF SUBSECTION (D) OF THIS SECTION, THE
STATE'S ATTORNEY OF A COUNTY OR BALTIMORE CITY MAY AUTHORIZE IN WRITING
THE REMOVAL OF HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS FROM ANY
BURIAL SITE IN THE STATE'S ATTORNEYS JURISDICTION:
(1) FOR THE PURPOSE OF ASCERTAINING THE CAUSE OF DEATH OF THE
PERSON WHOSE REMAINS ARE TO BE REMOVED;
(2) FOR THE PURPOSE OF DETERMINING WHETHER THE HUMAN
REMAINS WERE INTERRED ERRONEOUSLY;
(3) FOR THE PURPOSE OF REBURIAL; OR
(4) FOR MEDICAL OR SCIENTIFIC EXAMINATION OR STUDY, AS
PERMITTED BY LAW.
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION, THE
STATE'S ATTORNEY FOR A COUNTY OR BALTIMORE CITY SHALL REQUIRE A PERSON
REQUESTING THE AUTHORIZATION TO PERMANENTLY RELOCATE HUMAN REMAINS
OR ASSOCIATED FUNERARY OBJECTS FROM A BURIAL SITE TO ALLOW ANOTHER
PERMITTED USE IN THE STATE'S ATTORNEY'S JURISDICTION TO PUBLISH A NOTICE
OF THE PROPOSED RELOCATION IN A NEWSPAPER OF GENERAL CIRCULATION IN
BALTIMORE CITY OR IN THE COUNTY WHERE THE BURIAL SITE IS LOCATED.
(2) THE NOTICE SHALL BE PUBLISHED IN THE NEWSPAPER AT LEAST
ONCE A WEEK FOR AT LEAST 3 CONSECUTIVE WEEKS ONE TIME.
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- 3088 -
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