BILL NUMBER: AB 1493	CHAPTERED  09/09/04

	CHAPTER  413
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	PASSED THE SENATE  AUGUST 19, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  MAY 18, 2004
	AMENDED IN ASSEMBLY  APRIL 29, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003

INTRODUCED BY   Assembly Member Runner
   (Principal coauthors:  Assembly Members Matthews and Yee)
   (Coauthor:  Assembly Member Leno)

                        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, Runner.  Human remains:  sexual contact.
   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 expand the scope of this felony to include any
person who commits an act of sexual penetration on, or has sexual
contact with, any remains known to be human.
   By expanding the scope of an existing crime, this bill would
impose 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.


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.  (a) Every person who willfully mutilates, disinters,
removes from the place of interment, or commits an act of sexual
penetration on, or has sexual contact with, any remains known to be
human, 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.
   (b) For purposes of this section, the following definitions apply:

   (1) "Sexual penetration" means the unlawful penetration of the
vagina or anus, however slight, by any part of a person's body or
other object, or any act of sexual contact between the sex organs of
a person and the mouth or anus of a dead body, or any oral copulation
of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
   (2) "Sexual contact" means any willful touching by a person of an
intimate part of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
  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.