SECTIONS 7050.5-7055

7050.5.  (a) Every person who knowingly mutilates or disinters,wantonly disturbs, or willfully removes any human remains in or fromany location other than a dedicated cemetery without authority of lawis guilty of a misdemeanor, except as provided in Section 5097.99 ofthe Public Resources Code. The provisions of this subdivision shallnot apply to any person carrying out an agreement developed pursuantto subdivision ( l) of Section 5097.94 of the Public Resources Codeor to any person authorized to implement Section 5097.98 of thePublic Resources Code. (b) In the event of discovery or recognition of any human remainsin any location other than a dedicated cemetery, there shall be nofurther excavation or disturbance of the site or any nearby areareasonably suspected to overlie adjacent remains until the coroner ofthe county in which the human remains are discovered has determined,in accordance with Chapter 10 (commencing with Section 27460) ofPart 3 of Division 2 of Title 3 of the Government Code, that theremains are not subject to the provisions of Section 27491 of theGovernment Code or any other related provisions of law concerninginvestigation of the circumstances, manner and cause of any death,and the recommendations concerning the treatment and disposition ofthe human remains have been made to the person responsible for theexcavation, or to his or her authorized representative, in the mannerprovided in Section 5097.98 of the Public Resources Code. Thecoroner shall make his or her determination within two working daysfrom the time the person responsible for the excavation, or his orher authorized representative, notifies the coroner of the discoveryor recognition of the human remains. (c) If the coroner determines that the remains are not subject tohis or her authority and if the coroner recognizes the human remainsto be those of a Native American, or has reason to believe that theyare those of a Native American, he or she shall contact, by telephonewithin 24 hours, the Native American Heritage Commission.7051.  Every person who removes any part of any human remains fromany place where it has been interred, or from any place where it isdeposited while awaiting interment or cremation, with intent to sellit or to dissect it, without authority of law, or written permissionof the person or persons having the right to control the remainsunder Section 7100, or with malice or wantonness, has committed apublic offense that is punishable by imprisonment in the stateprison. This section shall not prohibit the removal of foreign materials,pacemakers, or prostheses from cremated remains by an employee of alicensed crematory prior to final processing of ashes. Dental gold orsilver, jewelry, or mementos, to the extent that they can beidentified, may be removed by the employee prior to final processingif the equipment is such that it will not process these materials.However, any dental gold and silver, jewelry, or mementos that areremoved shall be returned to the urn or cremated remains container,unless otherwise directed by the person or persons having the rightto control the disposition.7051.5.  Every person who removes or possesses dental gold orsilver, jewelry, or mementos from any human remains without specificwritten permission of the person or persons having the right tocontrol those remains under Section 7100 is punishable byimprisonment in the state prison. The fact that residue and anyunavoidable dental gold or dental silver, or other precious metalsremain in the cremation chamber or other equipment or any containerused in a prior cremation is not a violation of this section.7052.  (a) Every person who willfully mutilates, disinters, removesfrom the place of interment, or commits an act of sexual penetrationon, or has sexual contact with, any remains known to be human,without authority of law, is guilty of a felony. This section doesnot apply to any person who, under authority of law, removes theremains for reinterment, or performs a cremation. (b) For purposes of this section, the following definitions apply: (1) "Sexual penetration" means the unlawful penetration of thevagina or anus, however slight, by any part of a person's body orother object, or any act of sexual contact between the sex organs ofa person and the mouth or anus of a dead body, or any oral copulationof a dead human body for the purpose of sexual arousal,gratification, or abuse. (2) "Sexual contact" means any willful touching by a person of anintimate part of a dead human body for the purpose of sexual arousal,gratification, or abuse.7052.5.  Notwithstanding the provisions of Section 7052, crematedremains may be removed from the place of interment for disposition asprovided in Section 7054.6 or for burial at sea as provided inSection 7117.7053.  Every person who arrests, attaches, detains, or claims todetain any human remains for any debt or demand, or upon anypretended lien or charge, or fails to release any human remains, thepersonal effects, or any certificate or permit required underDivision 102 (commencing with Section 102100) that is in his or herpossession or control forthwith upon the delivery of authorizationfor the release signed by the next of kin or by any person entitledto the custody of the remains, is guilty of a misdemeanor.7054.  (a) (1) Except as authorized pursuant to the sectionsreferred to in subdivision (b), every person who deposits or disposesof any human remains in any place, except in a cemetery, is guiltyof a misdemeanor. (2) Every licensee or registrant pursuant to Chapter 12(commencing with Section 7600) or Chapter 19 (commencing with Section9600) of Division 3 of the Business and Professions Code and theagents and employees of the licensee or registrant, or any unlicensedperson acting in a capacity in which a license from the Cemetery andFuneral Bureau is required, who, except as authorized pursuant tothe sections referred to in subdivision (b), deposits or disposes ofany human remains in any place, except in a cemetery, is guilty of amisdemeanor that shall be punishable by imprisonment in a county jailnot exceeding one year, by a fine not exceeding ten thousand dollars($10,000), or both that imprisonment and fine. (b) Cremated remains may be disposed of pursuant to Sections7054.6, 7116, 7117, and 103060. (c) Subdivision (a) of this section shall not apply to thereburial of Native American remains under an agreement developedpursuant to subdivision ( l) of Section 5097.94 of the PublicResources Code, or implementation of a recommendation or agreementmade pursuant to Section 5097.98 of the Public Resources Code.7054.1.  No cremated remains shall be removed from the place ofcremation, nor shall there be any charge for the cremation, unlessthe cremated remains have been processed so that they are suitablefor inurnment within a cremated remains container or an urn. Everycontract for cremation services shall include specific writtennotification of the processing to the person having the right tocontrol the disposition of the remains under Section 7100.7054.3.  Notwithstanding any other provision of law, a recognizabledead human fetus of less than 20 weeks uterogestation not disposed ofby interment shall be disposed of by incineration.7054.4.  Notwithstanding any other provision of law, recognizableanatomical parts, human tissues, anatomical human remains, orinfectious waste following conclusion of scientific use shall bedisposed of by interment, incineration, or any other methoddetermined by the state department to protect the public health andsafety. As used in this section, "infectious waste" means any material orarticle which has been, or may have been, exposed to contagious orinfectious disease.7054.6.  (a) Except as provided in subdivision (b), cremated remainsmay be removed in a durable container from the place of cremation orinterment and kept in or on the real property owned or occupied by aperson described in Section 7100 or any other person, with thepermission of the person with the right to disposition, or thedurable container holding the cremated remains may be kept in achurch or religious shrine, if written permission of the church orreligious shrine is obtained and there is no conflict with local usepermit requirements or zoning laws, if the removal is under theauthority of a permit for disposition granted under Section 103060.The placement, in any place, of six or more cremated remains underthis section does not constitute the place a cemetery, as defined inSection 7003. (b) Notwithstanding any other provision of law, cremated remainsmay be placed in one or more keepsake urns. Keepsake urns shall bekept as authorized by the person or persons with the right to controldisposition pursuant to Section 7100, provided that a permit fordisposition of human remains pursuant to Section 103060 is issued bythe local registrar for each keepsake urn designating the homeaddress of each person receiving a keepsake urn and a permit feepursuant to Section 103065 is paid. No keepsake urn shall be subjectto Section 8345. For purposes of this section, a keepsake urn shallmean a closed durable container that will accommodate an amount ofcremated remains not to exceed one cubic centimeter. (c) Prior to disposition of cremated remains, every licensee orregistrant pursuant to Chapter 12 (commencing with Section 7600) orChapter 19 (commencing with Section 9600) of Division 3 of theBusiness and Professions Code, and the agents and employees of thelicensee or registrant shall do all of the following: (1) Remove the cremated remains from the place of cremation in adurable container. (2) Keep the cremated remains in a durable container. (3) Store the cremated remains in a place free from exposure tothe elements. (4) Responsibly maintain the cremated remains.7054.7.  (a) Except with the express written permission of theperson entitled to control the disposition of the remains, no personshall: (1) Cremate the remains of more than one person at the same timein the same cremation chamber, or introduce the remains of a secondperson into a cremation chamber until incineration of any precedingremains has been terminated and reasonable efforts have been employedto remove all fragments of the preceding remains. The fact thatthere is residue in the cremation chamber or other equipment or anycontainer used in a prior cremation is not a violation of thissection. (2) Dispose of or scatter cremated remains in a manner or in alocation that the remains are commingled with those of anotherperson. This paragraph shall not apply to the scattering of crematedremains at sea from individual containers or to the disposal in adedicated cemetery of accumulated residue removed from a cremationchamber or other cremation equipment. (3) Place cremated or uncremated remains of more than one personin the same container or the same interment space. This paragraphshall not apply to the following: (A) Interment of members of the same family in a common containerdesigned for the cremated remains of more than one person. (B) Interment in a space or container that has been previouslydesignated at the time of sale as being intended for the interment ofremains of more than one person. (C) Disposal in a dedicated cemetery of residue removed from acremation chamber or other cremation equipment. (b) Written acknowledgement from the person entitled to controlthe disposition of the cremated remains shall be obtained by theperson with whom arrangements are made for disposition of the remainson a form that includes, but is not limited to, the followinginformation: "The human body burns with the casket, container, orother material in the cremation chamber. Some bone fragments are notcombustible at the incineration temperature and, as a result, remainin the cremation chamber. During the cremation, the contents of thechamber may be moved to facilitate incineration. The chamber iscomposed of ceramic or other material which disintegrates slightlyduring each cremation and the product of that disintegration iscommingled with the cremated remains. Nearly all of the contents ofthe cremation chamber, consisting of the cremated remains,disintegrated chamber material, and small amounts of residue fromprevious cremations, are removed together and crushed, pulverized, orground to facilitate inurnment or scattering. Some residue remainsin the cracks and uneven places of the chamber. Periodically, theaccumulation of this residue is removed and interred in a dedicatedcemetery property, or scattered at sea." The acknowledgment shall befiled and retained, for at least five years, by the person whodisposes of or inters the remains. (c) Any person, including any corporation or partnership,knowingly violating any provision of this section is guilty of amisdemeanor.7055.  (a) Every person, who for himself or herself or for anotherperson, inters or incinerates a body or permits the same to be done,or removes any remains, other than cremated remains, from the primaryregistration district in which the death or incineration occurred orthe body was found, except a removal by a funeral director in afuneral director's conveyance or an officer of a duly accreditedmedical college engaged in official duties with respect to the bodyof a decedent who has willfully donated his or her body to themedical college from that registration district or county to anotherregistration district or county, or within the same registrationdistrict or county, without the authority of a burial or removalpermit issued by the local registrar of the district in which thedeath occurred or in which the body was found; or removes interredhuman remains from the cemetery in which the interment occurred, orremoves cremated remains from the premises on which the cremationoccurred without the authority of a removal permit is guilty of amisdemeanor and punishable as follows: (1) For the first offense, by a fine of not less than ten dollars($10) nor more than five hundred dollars ($500). (2) For each subsequent offense, by a fine of not less than fiftydollars ($50) nor more than five hundred dollars ($500) orimprisonment in the county jail for not more than 60 days, or byboth. (b) Notwithstanding subdivision (a), a funeral director of alicensed out-of-state funeral establishment may transport humanremains out of this state without a removal permit when he or she isacting within the requirements specified in subdivision (b) ofSection 103050.