Idaho H 856: PROTECTION OF GRAVES – Amends existing law to prohibit certain acts regarding graves and to provide exemptions.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 856
BY WAYS AND MEANS COMMITTEE
AN ACT1
RELATING TO PROTECTION OF GRAVES; AMENDING SECTION 27-502, IDAHO CODE, TO2
REVISE PROVISIONS REGARDING PROHIBITED ACTS, TO PROHIBIT CERTAIN ACTS,3
TO PROVIDE EXEMPTIONS, TO PROVIDE A PENALTY, TO PROVIDE FOR SEIZURE OF4
EVIDENCE AND REMAINS, AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING5
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6
Be It Enacted by the Legislature of the State of Idaho:7
SECTION 1. That Section 27-502, Idaho Code, be, and the same is hereby8
amended to read as follows:9
27-502. PROHIBITED ACTS. (1) Except as provided in section 27-503,10
Idaho Code, no person shall wilfully willfully remove, mutilate, deface,11
injure or destroy any cairn or grave. Persons disturbing graves through in-12
advertence, including by construction, mining, or logging, shall cause the13
human remains to be reinterred. The expense for such reinterment shall be at14
least partially borne by the state historical society with the exception of15
acts prohibited by subsection (2) of this section that are not exempted by16
subsection (3) of this section.17
(2) No person or entity shall:18
(a) Possess, sell, purchase, or lease any artifacts or any human re-19
mains taken from a cairn, grave, or burial site or human remains taken20
from a cairn or grave on or after January 1, 1984, in a manner other than21
that authorized under section 27-503, Idaho Code., or subsection (3) of22
this section;23
(b) Publicly display or exhibit any human remains.; or24
(c) Sell any human artifacts or human remains taken from a cairn or25
grave.26
(c) Sell or advertise the sale of any material advertised as real human27
remains.28
(3) The provisions of this section do shall not apply to:29
(a) The possession or sale of artifacts discovered in or taken from lo-30
cations other than cairns or graves or artifacts that were removed from31
cairns or graves by other than human action; or32
(b) (a) Actions taken in the performance of official law enforcement33
duties., county coroner, or any other governmental duties and actions34
taken in accordance with the instructions of government officials;35
(b) Actions taken in the care of a decedent in compliance with Idaho law36
by a licensed medical practice or care center, mortuary, cemetery, hu-37
man remains transportation service, first responder service, or medi-38
cal transportation service;39
(c) Actions taken by state-licensed medical centers, medical research40
facilities, or other research centers in good standing with the state41

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of Idaho and federally registered as a tax-exempt organization with the1
internal revenue service;2
(d) Actions taken by public museums or regionally accredited certifi-3
cate-granting or degree-granting postsecondary education institutions4
registered in good standing with the state of Idaho and federally regis-5
tered as a tax-exempt organization with the internal revenue service;6
(e) Actions taken by an entity to facilitate transportation of human7
remains to or from such museums or regionally accredited certifi-8
cate-granting or degree-granting postsecondary education institutions9
in accordance with contractual obligations to such museum or educa-10
tional entity;11
(f) Any work in compliance with the revised uniform anatomical gifts12
act, chapter 34, title 39, Idaho Code, or the national organ transplant13
act, 42 U.S.C. 274e(c)(2);14
(g) Any possession of a decedent by a loved one or good Samaritan await-15
ing response by those described in paragraphs (a), (b), and (c) of this16
subsection;17
(h) Any action deemed exempt by the Idaho attorney general;18
(i) Any action or human remains specimen as provided in section 27-503,19
Idaho Code, or the federal native American graves protection and repa-20
triation act;21
(j) Any action taken in accordance with or by the representative hold-22
ing right of disposition of cremated human remains;23
(k) Possession of cremains, as defined in section 54-1102, Idaho Code;24
(l) Possession of protected religious relics as provided in section25
73-402, Idaho Code; and26
(m) Actions taken by persons to turn in human remains, in good faith, to27
law enforcement or the county coroner.28
(4) A violation of the provisions of this section shall be a felony pun-29
ishable as provided in section 18-112, Idaho Code.30
(5) Seizure of evidence of a violation:31
(a) Evidence of a violation of the provisions of this section shall be32
subject to seizure by persons authorized to enforce the provisions of33
this section and subject to forensic and DNA testing.34
(b) Evidence seized pursuant to paragraph (a) of this subsection shall35
be subject to forfeiture upon the order of a court if the court deter-36
mines by a preponderance of the evidence that the evidence was used in,37
or constitutes the fruit of, a violation of this section.38
(c) Human remains forfe