Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety Committee |
SSB 6501
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Concerning the disposition of human remains and cremation.
Sponsors: Senate Committee on Law & Justice (originally sponsored by Senator Padden).
Brief Summary of Substitute Bill |
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Hearing Date: 2/25/20
Staff: Omeara Harrington (786-7136).
Background:
Disposition of Human Remains.
In general, a person who performs a disposition of any human remains, except as authorized by law, in any place other than a cemetery or building dedicated exclusively for religious purposes, is guilty of a misdemeanor. However, disposition of human remains following cremation, alkaline hydrolysis, or natural organic reduction may also occur on private property with consent of the property owner, and on government or public lands or waters, with the approval of the government agency with jurisdiction or control over the waters or lands.
"Human remains" is defined as the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction. It also includes the body in any stage of decomposition.
Classification of Crimes.
Crimes are classified as misdemeanors, gross misdemeanors, or felonies. The classification of a crime generally determines the maximum term of confinement and the maximum fine a court can impose for an offense. For each classification, the maximum terms of confinement and maximum fines are as follows:
Classification | Maximum Confinement | Maximum Fine |
Misdemeanor | 90 days | $1,000 |
Gross Misdemeanor | 364 days | $5,000 |
Class C Felony | 5 years | $10,000 |
Class B Felony | 10 years | $20,000 |
Class A Felony | Life | $50,000 |
If a felony is "unranked," it means that the offense does not have a statutorily designated seriousness level under the Sentencing Reform Act. Unranked felonies carry a maximum period of confinement of one year regardless of the class of felony.
2019 Amendments to Statutes Regulating the Funeral Industry and Disposition of Remains.
Legislation enacted in 2019 added alkaline hydrolysis and natural organic reduction as approved methods for final disposition of human remains in the statutory provisions relating to the handling, storing, and scattering of human remains, as well as regulatory provisions related to the funeral industry. In amendatory provisions that go into effect May 1, 2020, the legislation omitted the current authority for the Department of Licensing to enter the premises of a crematory facility, as well as references to cremation in several other sections of code related to handling and disposition of remains.
Summary of Bill:
A person who performs a disposition of the body or any part of the body of a deceased person, except as authorized by law, in any place other than a cemetery or building dedicated exclusively for religious purposes, is guilty of an unranked class C felony.
Omitted references to cremation are restored in amended sections of the code related to the funeral industry and disposition of remains that take effect May 1, 2020.
Appropriation: None.
Fiscal Note: Requested on February 25, 2020.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.