Z-0672.1  _______________________________________________

                         SENATE BILL 5888

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Fraser and Winsley; by request of Department of Community, Trade, and Economic Development

Read first time 02/15/1999.  Referred to Committee on State & Local Government.

Changing provisions relating to historic cemeteries.

    AN ACT Relating to historic cemeteries; and amending RCW 68.60.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 68.60.050 and 1989 c 44 s 5 are each amended to read as follows:

    (1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any historic grave shall be guilty of a class C felony punishable under chapter 9A.20 RCW.  Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human remains under the supervision of the ((cemetery board)) office of archaeology and historic preservation.  Expenses to reinter such human remains are to be provided by the office of archaeology and historic preservation to the extent that funds for this purpose are appropriated by the legislature.

    (2) This section does not apply to actions taken in the performance of official law enforcement duties.

    (3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.

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