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Ch. 26
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PARRIS N. GLENDENING, Governor
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In subsection (d)(2) of this section, the reference to "a" record is substituted
for the former reference to "whatever" record for clarity and consistency.
In subsection (e)(2) of this section, the former reference to a "public or
private" cemetery is deleted as surplusage.
Defined terms: "Burial site" § 10-401
"County" § 1-101
"Permanent cemetery" § 10-401
"Person" § 1-101
10-403. REMOVAL OF HUMAN REMAINS OR FUNERARY OBJECT.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO:
(1) A PERSON ACTING IN THE COURSE OF MEDICAL, ARCHAEOLOGICAL,
EDUCATIONAL, OR SCIENTIFIC STUDY;
(2) A LICENSED MORTICIAN OR OTHER PROFESSIONAL WHO
TRANSPORTS HUMAN REMAINS IN THE COURSE OF CARRYING OUT PROFESSIONAL
DUTIES; OR
(3) A PERSON ACTING UNDER THE AUTHORITY OF:
(I) § 10-402 OF THIS SUBTITLE; OR
(II) § 4-215 OR § 5-408 OF THE HEALTH - GENERAL ARTICLE.
(B) PROHIBITED.
A PERSON MAY NOT KNOWINGLY SELL, BUY, OR TRANSPORT FOR SALE OR
PROFIT, OR OFFER TO BUY, SELL, OR TRANSPORT FOR SALE OR PROFIT:
(1) UNLAWFULLY REMOVED HUMAN REMAINS; OR
(2) A FUNERARY OBJECT OBTAINED IN VIOLATION OF § 10-404 OF THIS
SUBTITLE.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE
NOT EXCEEDING $5,000 OR BOTH.
(D) APPROPRIATION AND DISPOSITION.
THE MARYLAND HISTORICAL TRUST MAY APPROPRIATE ALL HUMAN REMAINS
AND FUNERARY OBJECTS OBTAINED IN VIOLATION OF THIS SUBTITLE FOR
MANAGEMENT, CARE, AND ADMINISTRATION UNTIL A DETERMINATION OF FINAL
DISPOSITION AS PROVIDED BY LAW.
(E) CONSTRUCTION OF SECTION.
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- 729 -
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