First Substitute H.B. 192

Senator Pete Suazo proposes to substitute the following bill:

1 NATIVE AMERICAN REMAINS AND HISTORIC ARTIFACTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Eli H. Anderson
5 AN ACT RELATING TO THE CRIMINAL CODE; MODIFYING PROHIBITIONS
6 GOVERNING ANTIQUITIES; AMENDING THE CRIME OF ABUSE OR DESECRATION OF
7 A DEAD HUMAN BODY INCLUDING CLARIFYING ITS APPLICATION TO ANCIENT
8 HUMAN REMAINS; INCREASING PENALTIES FOR ANTIQUITIES CRIME; AND MAKING
9 TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-6-902, as enacted by Chapter 277, Laws of Utah 1990
13 76-6-903, as last amended by Chapter 241, Laws of Utah 1991
14 76-9-704, as last amended by Chapter 241, Laws of Utah 1992
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 76-6-902 is amended to read:
17 76-6-902. Prohibitions.
18 (1) It is unlawful for any person to intentionally alter, remove, injure, or destroy antiquities
19 without the landowner's consent.
20 (2) It is unlawful to intentionally reproduce, rework, or forge any antiquities or make any
21 object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any
22 object with the intent to represent the object as original and genuine, nor may any person offer any
23 object for sale or exchange that was collected or excavated in violation of this chapter.
24 Section 2. Section 76-6-903 is amended to read:
25 76-6-903. Penalties.

26 (1) [(a) Any] A person [who] is guilty of a class B misdemeanor if that person:
27 (a) violates this part; or [who]
28 (b) counsels, procures, solicits, or employs any other person to violate this part.
29 (2) A person is guilty of a [class B misdemeanor. (b) In the case of] third degree felony
30 if:
31 (a) that person commits a second or subsequent violation[, the person is guilty of a third
32 degree felony.] described in Subsection (1); or
33 (b) the amount calculated under Subsection (3) for a violation described in Subsection (1)
34 exceeds $500.
35 (3) The amount described in Subsection (2)(b) is calculated by adding the:
36 (a) commercial or archaeological value of the antiquities involved in the violation; and
37 (b) cost of the restoration and repair of the antiquities involved in the violation.
38 [(2)] (4) (a) All property used in conjunction with the criminal activity, together with all
39 photographs and records, shall be forfeited to the state[, and all].
40 (b) All articles and material discovered, collected, excavated, or offered for sale or
41 exchange shall be surrendered to the landowner.
42 Section 3. Section 76-9-704 is amended to read:
43 76-9-704. Abuse or desecration of a dead human body -- Penalties.
44 (1) For purposes of this section, "dead human body" includes any part of a human body
45 in any stage of decomposition, including ancient human remains.
46 (2) A person is guilty of abuse or desecration of a dead human body if the person
47 intentionally and unlawfully:
48 (a) [removes, conceals,] fails to report the finding of a dead human body to a local law
49 enforcement agency;
50 (b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;
51 [(b)] (c) disinters a buried or otherwise interred dead human body, without authority of a
52 court order;
53 [(c)] (d) dismembers a dead human body to any extent, or damages or detaches any part
54 or portion of a dead human body; or
55 [(d)] (e) commits, or attempts to commit upon any dead human body sexual penetration
56 or intercourse, object rape, sodomy, or object sodomy, as these acts are described in Title 76,

57 Chapter 5, Offenses Against the Person.
58 [(2)] (3) A person does not [commit an offense under] violate this section if when [he] that
59 person directs or carries out procedures regarding a dead human body, [he is acting lawfully under
60 any of the following provisions:] that person complies with:
61 (a) Title 58, Chapter 9, Funeral Service License Act;
62 (b) Title 26, Chapter 28, Uniform Anatomical Gift Act;
63 (c) Title 26, Chapter 4, Utah Medical Examiner Act;
64 (d) Title 58, [Chapter 12, Part 5] Chapter 67, Utah Medical Practice Act, which concerns
65 licensing to practice medicine;
66 (e) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes; or
67 (f) Title 9, Chapter 8, Part 3, Antiquities.
68 [(3) Abuse or desecration]
69 (4) (a) Failure to report the finding of a dead human body [is a third degree felony except
70 failing to report a finding of a human body] as required under Subsection (2)(a) is a class B
71 misdemeanor.
72 (b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through
73 (e) is a third degree felony.