Code Book: Louisiana Revised Statutes
Citation: § 8:678
Section Title: Louisiana Unmarked Human Burial Sites Preservation Act: unlawful acts
Summary:
Declares it to be unlawful for any person, entity or group to whom the Louisiana Unmarked Human Burial Sites Board has not issued a permit knowingly to: disturb an unmarked burial site or any human skeletal remains or burial artifacts in an unmarked burial site; buy, sell, barter, exchange, give, receive, possess, display, discard or destroy human skeletal remains from an unmarked burial site or burial artifacts; allow any person, entity or group access to an unmarked burial site, human skeletal remains or burial artifacts for the purpose of disturbing them; or provide funds to or for any person, entity or group for the purpose of disturbing any unmarked burial site, human skeletal remains or burial artifacts. Declares that each violation of this section shall be punishable upon conviction of a first offense by a fine of not more than $5,000 or imprisonment for not more than one year, or both, or upon conviction of subsequent offenses by imprisonment for not more than two years or a fine of not more than $10,000, or both, with each disturbance of an unmarked burial site, human skeletal remains or burial artifacts constituting a separate offense. Allows any human skeletal remains or burial artifacts that come into the state from any foreign country or any other state or territory of the United States and are documented to have been obtained lawfully under the laws of the respective country, state or territory to be given, received, studied or displayed. Allows any human remains or burial artifacts that were lawfully acquired prior to January 1, 1992, to remain in the possession of and be displayed by the current holder.
Primary Topic: Archeological Activities
Code Book: Louisiana Revised Statutes
Citation: § 8:680
Section Title: Louisiana Unmarked Human Burial Sites Preservation Act: discovery of unmarked burials, human skeletal remains and burial artifacts
Summary:
Requires a person who knows or has reason to believe he or she has discovered an unmarked burial site or received human skeletal remains from an unmarked burial site to notify the local law enforcement agency where the site or remains are located within twenty-four hours of discovery. Requires a person who has reason to believe he or she has discovered or received burial artifacts to notify the Louisiana Unmarked Human Burial Sites Board through the Division of Archeology within seventy-two hours of the discovery. Declares that failure to give such notice is a misdemeanor punishable by a fine of not less than $100 or more than $1,000. Requires that any action that may disturb the unmarked burial site, human skeletal remains or burial artifacts associated with the site shall cease immediately upon discovery and shall not resume until the board has issued a permit governing the disposition of the unmarked burial site, the human skeletal remains or the burial artifacts. Directs the board not to take longer than thirty days to decide on issuance of a permit without the written agreement of all parties. Directs the law enforcement agency that receives notice of an unmarked burial site or human skeletal remains to notify both the coroner of the parish where the site or remains are found and the Louisiana Unmarked Human Burial Sites Board through the Division of Archeology within two business days of any discovery unless circumstances indicate that the death or burial is less than fifty years old or that there is need for a criminal investigation or legal inquiry by the coroner. Directs that the board shall have jurisdiction over the site, human skeletal remains and the burial artifacts if the coroner finds that the unmarked burial site is over fifty years old and that there is no need for a legal inquiry by his office or for a criminal investigation.
Primary Topic: Archeological Activities