Amends existing law to prohibit certain acts regarding graves and to provide exemptions.

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 ACT	1
RELATING TO PROTECTION OF GRAVES; AMENDING SECTION 27-502, IDAHO CODE, TO	2
REVISE PROVISIONS REGARDING PROHIBITED ACTS, TO PROHIBIT CERTAIN ACTS,	3
TO PROVIDE EXEMPTIONS, TO PROVIDE A PENALTY, TO PROVIDE FOR SEIZURE OF	4
EVIDENCE AND REMAINS, AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING	5
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 hereby	8
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 the	13
human remains to be reinterred. The expense for such reinterment shall be at	14
least partially borne by the state historical society with the exception of	15
acts prohibited by subsection (2) of this section that are not exempted by	16
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 taken	20
from a cairn or grave on or after January 1, 1984, in a manner other than	21
that authorized under section 27-503, Idaho Code., or subsection (3) of	22
this section;	23
(b) Publicly display or exhibit any human remains.; or	24
(c) Sell any human artifacts or human remains taken from a cairn or	25
grave.	26
(c) Sell or advertise the sale of any material advertised as real human	27
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 from	31
cairns or graves by other than human action; or	32
(b) (a) Actions taken in the performance of official law enforcement	33
duties., county coroner, or any other governmental duties and actions	34
taken in accordance with the instructions of government officials;	35
(b) Actions taken in the care of a decedent in compliance with Idaho law	36
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 research	40
facilities, or other research centers in good standing with the state	41

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of Idaho and federally registered as a tax-exempt organization with the	1
internal revenue service;	2
(d) Actions taken by public museums or regionally accredited certifi-	3
cate-granting or degree-granting postsecondary education institutions	4
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 human	7
remains to or from such museums or regionally accredited certifi-	8
cate-granting or degree-granting postsecondary education institutions	9
in accordance with contractual obligations to such museum or educa-	10
tional entity;	11
(f) Any work in compliance with the revised uniform anatomical gifts	12
act, chapter 34, title 39, Idaho Code, or the national organ transplant	13
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 this	16
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 section	25
73-402, Idaho Code; and	26
(m) Actions taken by persons to turn in human remains, in good faith, to	27
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 be	32
subject to seizure by persons authorized to enforce the provisions of	33
this section and subject to forensic and DNA testing.	34
(b) Evidence seized pursuant to paragraph (a) of this subsection shall	35
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 forfeited pursuant to paragraph (b) of this subsec-	39
tion shall be sent to the county coroner at the conclusion of all pro-	40
ceedings related to the violation of the provisions of this section.	41
SECTION 2. An emergency existing therefor, which emergency is hereby	42
declared to exist, this act shall be in full force and effect on and after	43
July 1, 2026.	44

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