FINAL BILL REPORT

SSB 5807

                              C 44 L 89

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

Protecting Indian and historic graves.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Washington State recognizes the cultural and spiritual value of burial sites to the native Indian population.  It further recognizes that native Indian burial grounds and other historic grave sites are an intrinsic part of the cultural heritage of the people of Washington.

Recently, there have been reported cases involving the accidental disturbance of Indian and historic graves where careless indifference was displayed towards the graves.  There is also growing apprehension regarding the intentional desecration of native Indian graves and concern that artifacts are being taken and sold for profit.

It is suggested that these cases are difficult to prosecute and that the current criminal classification does not reflect the seriousness of these offenses.  It is also recommended that a civil remedy be provided which would allow tribes to bring actions for an injunction, damages, or other appropriate relief.

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 reinter the human remains under the supervision of the appropriate Indian tribe.  Persons disturbing a historic grave through inadvertence must reinter 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 archaeological 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.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 98  0

EFFECTIVE:July 23, 1989