HOUSE BILL REPORT

SSB 5807

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Rasmussen, Fleming, Warnke, Metcalf, Newhouse, Niemi and Kreidler)

Protecting Indian and historic graves.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 4, 1989

BACKGROUND:

Under current law it is a gross misdemeanor to disturb the grave of a native Indian.  It is also a misdemeanor to excavate or to remove items of historical or prehistorical significance from an archeological site without the permission of the director of the Department of Community Development.

Various felony penalties apply to opening graves or stealing bodies.  Removing a body with malicious intent or with intent to sell the body is punishable by up to five years in prison and a $1,000 fine.  Receiving such a body, or opening a grave with the intent of removing such a body or articles interred with the body, is punishable by up to three years and a $1,000 fine.

Recently there have been a number of instances in this state and elsewhere in the nation of inadvertent or careless destruction of native Indian burial sites.  There have also been instances of intentional desecration of sites and of the removal of items from sites for the purpose of sale.

SUMMARY:

Civil remedies and criminal penalties are created with respect to the desecration of native American graves or remains.

Any person who knowingly removes, damages, or destroys any native Indian grave, cairn, glyptic marking or any other historic grave is guilty of a class C felony.  A person who inadvertently disturbs a native American grave must re-inter the human remains under the supervision of the appropriate Indian tribe.  Persons disturbing a historic grave through inadvertence must re-inter the human remains at their own expense under the supervision of the Cemetery Board.

Any person who sells or is in unauthorized possession of any native Indian artifacts or human remains taken from an Indian grave or cairn or from any other historic grave is guilty of a class C felony.

A defense is established if the defendant committed the alleged acts accidentally or inadvertently, and made reasonable efforts to preserve and properly report the remains or artifacts.

An Indian tribe or enrolled member of the tribe may bring a civil action to secure an injunction, damages or other appropriate relief, including attorney's fees, against any person who removes, damages, destroys, sells or is in unauthorized possession of native Indian artifacts or human remains.  The action must be brought within two years of the discovery of the violation by the plaintiff.

Any person, firm, corporation or any agency or institution of the state which knowingly removes, alters, excavates, damages, or destroys any historic or prehistoric archeological resource or site or removes any archaeological object from such site without a written permit from the Director of Community Development is guilty of a misdemeanor.  Prior to issuance of the permit, the director must obtain the consent of the private or public property owner or agency responsible for management.  The director, in consultation with the affected tribes, is required to develop guidelines for the issuance and processing of permits.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Clifford Moses, Yakima Nation; Kenneth F. Cooper, Lummi Tribe; Jewell James, Lummi Indian Tribe; Jim Plaster, Lummi Indian Tribe; Gabriel Landry, Puyallup Tribe; Robert Kavanaugh; Leonard Forsman, Suquamish Indian Tribe; Karen Boney, Snoqualmie Tribe; Ralph Munro, Secretary of State.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Current laws are inadequate to prevent the increasing incident of grave desecration. Carelessness, maliciousness, and in some cases commercially-motivated grave robbing, have all contributed to the destruction of gravesites that are religiously important and historically and culturally valuable.

House Committee - Testimony Against:      None Presented.