Copyright 2006 by The State of Georgia
All rights reserved.
*** Current through the 2006 Regular Session ***
TITLE 36. LOCAL GOVERNMENT
PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS
CHAPTER 72. ABANDONED CEMETERIES AND BURIAL GROUNDS
O.C.G.A. § 36-72-15 (2006)
§ 36-72-15. Disinterment and disposition of human remains or burial objects
Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
HISTORY: Code 1981, § 36-72-15, enacted by Ga. L. 1991, p. 924, § 3.
TITLE 31. HEALTH
CHAPTER 21. DEAD BODIES
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 31-21-6 (2006)
§ 31-21-6. Notification of law enforcement agency upon disturbance, destruction, or debasement of human remains
(a) Any person who knows or has reason to believe that interred human remains have been or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit issued pursuant to Code Section 36-72-4, 12-3-52, or 12-3-82 or without written permission of the landowner for an archeological excavation on the site by an archeologist or not in compliance with Section 106 of the National Historic Preservation Act, as amended, and any person who accidentally or inadvertently discovers or exposes human remains shall immediately notify the local law enforcement agency with jurisdiction in the area where the human remains are located.
(b) Any law enforcement agency notified of the discovery or disturbance, destruction, defacing, mutilation, removal, or exposure of interred human remains shall immediately report such notification to the coroner or medical examiner of the county where the human remains are located, who shall determine whether investigation of the death is required under Code Section 45-16-24. If investigation of the death is not required, the coroner or medical examiner shall immediately notify the local governing authority of the county or municipality in which the remains are found and the Department of Natural Resources. If the remains are believed to be those of one or more aboriginal or prehistoric ancestors of or American Indians, then the Department of Natural Resources shall notify the Council on American Indian Concerns. All land-disturbing activity likely to further disturb the human remains shall cease until:
(1) The county coroner or medical examiner, after determining that investigation of the death is required, has completed forensic examination of the site;
(2) A permit is issued for land use change and disturbance pursuant to Code Section 36-72-4; a permit is issued or a contract is let pursuant to subsection (d) of Code Section 12-3-52; or written permission is obtained from the landowner for the conduct of an archeological excavation; or
(3) If such a permit is not sought, the Department of Natural Resources arranges with the landowner for the protection of the remains.
(c) The provisions of this Code section shall not apply to normal farming activity including, but not limited to, plowing, disking, harvesting, and grazing of livestock.
HISTORY: Code 1981, § 31-21-6, enacted by Ga. L. 1992, p. 1790, § 3.
TITLE 31. HEALTH
CHAPTER 21. DEAD BODIES
ARTICLE 3. OFFENSES
O.C.G.A. § 31-21-44 (2006)
§ 31-21-44. Wanton or malicious removal of dead body from grave or disturbance of contents of grave; receipt, retention, disposal, or possession of unlawfully removed dead body or bodily part
(a) It is unlawful for any person wantonly or maliciously to:
(1) Remove the dead body of a human being from any grave or other place of interment or from any vault, tomb, or sepulcher; or
(2) Otherwise disturb the contents of any grave or other place of interment or any vault, tomb, or sepulcher.
(b) It is unlawful for any person to receive, retain, dispose of, or possess the dead body or any bodily part of a human being knowing it to have been removed unlawfully from any grave or other place of interment or any vault, tomb, or sepulcher. This subsection shall not apply to any person having duties imposed upon that person relating to the possession or disposition of dead bodies while in the performance of said duties, which persons shall include law enforcement personnel, coroners and medical examiners, operators of funeral establishments, cemetery operators, and medical and medical laboratory personnel.
(c) Any person who violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, or by both such imprisonment and fine.
HISTORY: Code 1933, § 88-2710.1, enacted by Ga. L. 1980, p. 1434, § 1; Ga. L. 1989, p. 360, § 1.
TITLE 50. STATE GOVERNMENT
CHAPTER 3. STATE FLAG, SEAL, AND OTHER SYMBOLS
ARTICLE 1. STATE AND OTHER FLAGS
O.C.G.A. § 50-3-1 (2006)