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The Law and American Indian Grave ProtectionAct No 93-905
H. 49 - Rep. Rich
AN ACT
To amend Section 13A-7-23.1 Code of Alabama 1975, as amended by Act No. 93-770, H 367,1993 Regular Session, to provide further for procedures for the lawful preservation, restoration, or relocation of any tomb, monument, structure, or human remains.
Be it Enacted by the Legislature of Alabama:
Section 1. Section 13A-7-23.1 of the code of Alabama 1975 as last amended, is amended to read as follows:
S13A-7-23.1
(a) Any person who willfully or maliciously injures, defaces, removes or destroys any tomb, monument, gravestone or other memorial of the dead, or any fence or any inclosure about any tomb, monument, gravestone or memorial, or who willfully and wrongfully destroys, removes, cuts, breaks or injures any tree, shrub, plant, flower, decoration, or other real or personal property within any cemetery or graveyard shall be guilty of a class A misdemeanor.
(b) Any person who willfully or maliciously desecrates, injures, defaces, removes, or destroys any tomb, monument, structure, or container of human remains, and invades or mutilates the human corpse or remains shall be guilty of a class C felony and upon conviction the person shall be punished as provided by law. Any person who maliciously desecrates an American Indian place of burial or funerary objects on property not owned by the person shall be guilty of a class C felony and upon conviction the person shall be punished as provided by law.
(c) The provisions of Sections 1(a) and 1(b) of this Act shall not apply to any person holding a permit issued by the Alabama Historical Commission pursuant to Section 1(d) of this Act.
(d) The Alabama Historical Commission to provide for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary object, shall promulgate rules and regulations for the issuance of a permit and may issue a permit to persons or companies who seek to restore, preserve or relocate human burial remains, human skeletal remains, funerary objects, or therwise disturb a place of burial.
Section 2. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Approved August 31, 1993
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