BILL NUMBER: AB 1493	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Runner

                        FEBRUARY 21, 2003

   An act to amend Section 7052 of the Health and Safety Code,
relating to human remains.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1493, as introduced, Runner.  Human remains.
   Existing law provides that, with certain exceptions, every person
who willfully mutilates, disinters, or removes from the place of
interment any human remains, without authority of law, is guilty of a
felony.
   This bill would revise that definition of a felony to include
within its scope any person who penetrates human remains for sexual
gratification.
   By changing the definition of a crime, this bill would result in a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7052 of the Health and Safety Code is amended
to read:
   7052.  Every person who willfully mutilates, disinters, or removes
from the place of interment  , or penetrates for sexual
gratification,  any human remains, without authority of law, is
guilty of a felony.  This section does not apply to any person who,
under authority of law, removes the remains for reinterment 
,  or performs a cremation.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.