SB71 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Session

Regular Session 2010

Title

Cemeteries and graveyards, desecration or defacement of property, types of property included in offense expanded, exemptions for cemetery operators, Sec. 13A-7-23.1 am'd.

Summary

SB71 strengthens protections for cemeteries and burial remains by expanding offenses, creating new penalties, and allowing preservation permits with exemptions for cemetery operators and authorized actions.

What This Bill Does

The bill makes it a Class A misdemeanor to willfully or maliciously injure, deface, remove, or destroy cemetery structures or related property. It makes it a Class C felony to desecrate or mutilate human remains. It creates exemptions for certain actions by cemetery operators, permit holders, and others authorized by law, so their activities under established rules would not be punished under these new offenses. It gives the Alabama Historical Commission the authority to issue permits to restore, preserve, or relocate burial remains or related objects, and it outlines who can receive those permits.

Who It Affects

• People who vandalize cemetery property or disturb human remains: face new criminal penalties (Class A misdemeanor or Class C felony, depending on the act).
• Cemetery operators, individuals authorized by law to disturb burials, municipal-property actors, and permit applicants: receive exemptions from the new offenses when acting under approved rules/regulations and may obtain permits from the Alabama Historical Commission for restoration, preservation, or relocation of burial remains.

Key Provisions

• Amends Section 13A-7-23.1 to cover a broad range of cemetery-related offenses, including damage to tombs, monuments, gravestones, burial mounds, and related structures.
• Creates Class A misdemeanor for willful/malicious injury or destruction of cemetery property and Class C felony for desecration or mutilation of human remains.
• Adds exemptions for: (1) permit holders from the Alabama Historical Commission, (2) cemetery operators acting under standard rules and maintenance procedures, (3) individuals authorized by law to remove or disturb burials, and (4) persons authorized to take action on municipal property.
• Authorizes the Alabama Historical Commission to issue permits to restore, preserve, or relocate burial remains or funerary objects and to regulate permit issuance.
• Note: The bill is treated as not requiring local funds under Amendment 621 because it creates/changes a crime; it becomes law effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Cemeteries