HOUSE BILL REPORT

                 2SSB 5800

             As Reported By House Committee On:

                          Judiciary

Title:  An act relating to violation of human remains.

Brief Description:  Increasing the penalty for violating human remains.

Sponsors:  Senate Committee on Law & Justice (originally sponsored by Senators Nelson, A. Smith and Winsley).

Brief History:

  Reported by House Committee on:

Judiciary, February 25, 1994, DP.

HOUSE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.  Signed by 17 members:  Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.

Staff:  Bill Perry (786-7123).

Background:  The mutilation of human remains or the unauthorized disinterment or removal of human remains from a place of interment is a crime.  The offense is an unranked felony punishable by up to three years in prison and up to a $1,000 fine.  The presumptive sentence of incarceration for a first-time offender under the Sentencing Reform Act is up to one year in jail.

Under prior law, sexual intercourse with a dead body was the equivalent of a class B felony.  In 1975, however, that crime was eliminated as part of the general repeal of most of the so-called sodomy and bestiality laws.

Summary of Bill:  Sexual intercourse or sexual contact with a dead human body is made a class C felony.  The maximum penalty for the offense is five years in prison and a $10,000 fine.  The offense is ranked at Level V under the Sentencing Reform Act, which means that for a first-time offender the presumptive sentence of incarceration is six to 12 months in jail.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Witnesses:  None.