Title 10. Crimes Against Public Health, Conduct, and Sensibilities — Subtitle 4. Crimes Relating to Human Remains

“Associated funerary object” means an item of human manufacture or use that is intentionally placed:

“Associated funerary object” includes a gravestone, monument, tomb, or other structure in or directly associated with a burial site.

“Burial site” means a natural or prepared physical location, whether originally located below, on, or above the surface of the earth, into which human remains or associated funerary objects are deposited as a part of a death ceremony of a culture, religion, or group.

“Burial site” includes the human remains and associated funerary objects that result from a shipwreck or accident and are left intentionally to remain at the site.

a cemetery company regulated under Title 5 of the Business Regulation Article;

a nonprofit organization; or

the State.

to ascertain the cause of death of the person whose remains are to be removed;

to determine whether the human remains were interred erroneously;

for the purpose of reburial; or

for medical or scientific examination or study allowed by law.

Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located.

The notice shall be published in the newspaper one time.

The notice shall contain:

The person requesting the authorization from the State’s Attorney shall pay the cost of publishing the notice.

The State’s Attorney may authorize the removal of the human remains from the burial site after:

This subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site.

For a known, but not necessarily documented, unmarked burial site, the person requesting authorization for the removal of human remains from the burial site has the burden of proving by archaeological excavation or another acceptable method the precise location and boundaries of the burial site.

Any human remains that are removed from a burial site under this section shall be reinterred in:

The location of the final disposition and treatment of human remains that are removed from a burial site under this section shall be entered into the local burial sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed appropriate by the State’s Attorney or the Maryland Historical Trust.

preempt the need for a permit required by the Maryland Department of Health under § 4–215 of the Health – General Article to remove human remains from a burial site; or

interfere with the normal operation and maintenance of a cemetery, as long as the operation and maintenance of the cemetery are performed in accordance with State law.

Subject to paragraphs (2) and (3) of this subsection, human remains or the remains of a decedent after cremation, as defined in § 5–508 of the Health – General Article, may be removed from a burial site within a permanent cemetery and reinterred in:

The following persons, in the order of priority stated, may arrange for a reinterment of remains under paragraph (1) of this section:

The location of a reinterment of remains under paragraph (1) of this subsection shall be entered into the inventory of the local burial sites or, if no inventory exists, into a record or inventory deemed appropriate by the Maryland Historical Trust.

a person acting in the course of medical, archaeological, educational, or scientific study;

a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or

a person acting under the authority of:

unlawfully removed human remains; or

an associated funerary object obtained in violation of § 10-404 of this subtitle.

correction of improper burial siting; and

moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.

Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, deface, or remove:

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 or other part of the grounds of the cemetery 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.

Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery.

The provisions of paragraph (1) of this subsection do not prohibit normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, removal of weeds or noxious growths, grass cutting, or other routine care and maintenance.

for a violation of subsection (a) of this section, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

for a violation of subsection (b) or (c) of this section, imprisonment not exceeding 2 years or a fine not exceeding $500 or both.

the removal is authorized in writing by the State’s Attorney of the county in which the cemetery containing the human remains or funerary object is located; and

the human remains or funerary object are placed in an accessible place in a permanent cemetery.