Section 7050.5 Of Chapter 2. General Provisions From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 2.
7050.5
. (a) Every person who knowingly mutilates or disinters,
wantonly disturbs, or willfully removes any human remains in or from
any location other than a dedicated cemetery without authority of law
is guilty of a misdemeanor, except as provided in Section 5097.99 of
the Public Resources Code. The provisions of this subdivision shall
not apply to any person carrying out an agreement developed pursuant
to subdivision ( l) of Section 5097.94 of the Public Resources Code
or to any person authorized to implement Section 5097.98 of the
Public Resources Code.
(b) In the event of discovery or recognition of any human remains
in any location other than a dedicated cemetery, there shall be no
further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of
the county in which the human remains are discovered has determined,
in accordance with Chapter 10 (commencing with Section 27460) of
Part 3 of Division 2 of Title 3 of the Government Code, that the
remains are not subject to the provisions of Section 27491 of the
Government Code or any other related provisions of law concerning
investigation of the circumstances, manner and cause of any death,
and the recommendations concerning the treatment and disposition of
the human remains have been made to the person responsible for the
excavation, or to his or her authorized representative, in the manner
provided in Section 5097.98 of the Public Resources Code. The
coroner shall make his or her determination within two working days
from the time the person responsible for the excavation, or his or
her authorized representative, notifies the coroner of the discovery
or recognition of the human remains.
(c) If the coroner determines that the remains are not subject to
his or her authority and if the coroner recognizes the human remains
to be those of a Native American, or has reason to believe that they
are those of a Native American, he or she shall contact, by telephone
within 24 hours, the Native American Heritage Commission.