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.