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SB 616

Criminal Law – Human Remains, Pet Remains, and Cemeteries – Prohibitions

2025 Regular Session Introduced by Mike McKay

Expands criminal protections for human and pet remains and cemetery property, elevates many offenses to felonies, and adds civil remedies plus licensing consequences.

Hearing 2/12 at 1:00 p.m.
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WeVote Research Nonpartisan
Bill Summary · SB 616

SB 616 — Criminal Law: Human Remains, Pet Remains, and Cemeteries — Prohibitions

Status: Hearing scheduled (Judicial Proceedings) — February 12, 2025 at 1:00 p.m.
Introduced: January 25, 2025 (Sen. McKay)

Main purpose

To expand criminal protections for human and pet remains and for cemetery property, elevate many existing cemetery-related offenses to felonies, create new criminal prohibitions (including against tampering with human remains), and provide civil remedies and licensing consequences for violators.

Key provisions

  • Definition change

    • Expands the definition of “permanent cemetery” to include cemeteries owned by a family or a religious organization (in addition to cemetery companies, nonprofits, and the State).

  • New and expanded criminal prohibitions

    • Adds an explicit ban on tampering with human remains interred in a cemetery.
    • Creates a new offense prohibiting, unless authorized by law, damaging, desecrating, mutilating, storing, tampering with, trafficking, or transporting human remains.
    • Prohibits removing (or attempting to remove) pet remains from a cemetery without the pet owner’s or cemetery’s permission; likewise prohibits damaging, desecrating, mutilating, storing, tampering with, trafficking, or transporting pet remains (with narrow exceptions for burying/cremating/preserving for the owner’s benefit).
    • Expands the existing prohibition on destruction/damage to funerary objects and cemetery structures to also specifically cover “other landscaping” (trees, plants, shrubs, other landscaping).
    • Replaces the current prohibition on “indecent or disorderly conduct” in cemeteries with a prohibition on “malicious, abusive, or disorderly activities.”

  • Penalties

    • Many covered offenses are elevated from misdemeanors to felonies. Penalties proposed include:
    • First conviction: imprisonment not less than 5 years and not exceeding 10 years, and/or a fine of at least $20,000.
    • Subsequent convictions: imprisonment not less than 10 years and not exceeding 15 years, and/or a fine of at least $30,000.
    • Offenders must pay for restoration of any damaged or defaced real or personal property in a cemetery.

  • Civil remedies

    • A family member or descendant may bring a civil action to recover economic and noneconomic damages for violations involving human remains; prevailing plaintiffs may seek reasonable attorney’s fees.

  • Occupational licensing

    • Amends criminal procedure licensing provisions so that a licensing department may deny or revoke an occupational license/certificate of an applicant or holder convicted of the specified remains- or cemetery-related crimes (i.e., narrower license-relief protections).

Who is affected

  • Cemetery owners and managers (including family-owned and religious cemeteries) — increased protection for property and remains.
  • Families and descendants of the deceased — new civil damages remedies and greater criminal protection.
  • Individuals who handle remains (funeral industry workers, contractors) — criminal prohibitions and potential licensing consequences if convicted.
  • Law enforcement, courthouses, and corrections — enforcement and prosecution of newly elevated felony offenses.
  • Local governments — potential (minimal) increases in fine revenue and limited impacts on court workload and incarceration.

Fiscal and procedural notes

  • Fiscal note (Maryland Department of Legislative Services): potential minimal increase in State general fund expenditures due to incarceration; minimal local revenue increases from monetary penalties; otherwise not anticipated to materially affect State/local finances.
  • Bill introduced Jan 25, 2025; assigned to Judicial Proceedings; hearing set for Feb 12, 2025 (1:00 p.m.).
  • Text makes multiple cross-references into Maryland Criminal Law and Criminal Procedure Articles and creates new sections (e.g., §10‑402.1 on human remains).

Practical impact / considerations

  • Raises criminal stakes for tampering with remains and cemetery vandalism — intended to deter desecration and theft.
  • Provides a private civil remedy for families seeking compensation and attorney’s fees.
  • Tightens occupational license eligibility for convicted offenders in these categories, potentially affecting employment in relevant trades.
  • Owners/operators of shared rooms/plots and pet burial sites should review consent and security policies (pet-remains removal rules, restoration obligations).

If you want, I can produce a one‑page fact sheet for outreach to cemeterians, funeral professionals, or legislators summarizing compliance obligations and likely enforcement scenarios.

Compiled from official sources — confirm details with the bill’s official record.

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