OLR Bill Analysis

SB 1141

AN ACT CONCERNING THE DESECRATION OF PROPERTY LOCATED IN A CEMETERY.

SUMMARY:

This bill limits who may authorize the desecration of property located in a cemetery. It does so by eliminating the ability of lineal descendants of the deceased to authorize a person to:

1. intentionally destroy, mutilate, deface, injure, or remove all or part of a (a) tomb, (b) monument, (c) gravestone, or (d) other structure placed or designed for a memorial of the dead, or any fence, railing, curb, or other enclosure for the burial of the dead, in or from any cemetery or burial ground or

2. wantonly or maliciously disturb the contents of any tomb or grave in any cemetery or burial ground.

The law, unchanged by the bill, allows the owner of the burial lot or the municipality, cemetery association, or person or authority responsible for the control or management of the cemetery or burial ground to authorize such activities. Performing these activities without authorization is a class C felony punishable by a fine of at least $500.

A lineal descendant is a person who has a direct line of relationship to an ancestor (e.g., children, grandchildren, great-grandchildren).

EFFECTIVE DATE: October 1, 2013

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

44

Nay

0

(04/16/2013)