HOUSE OF REPRESENTATIVES

H.B. NO.

1297

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PENAL CODE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to amend the penal code to support the preparation and burial or cremation of a corpse consistent with traditional Hawaiian cultural customs and practices.

     SECTION 2.  Section 711-1108, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1108  Abuse of a corpse.  (1)  A person commits the offense of abuse of a corpse if, except as authorized by law, the person treats a human corpse in a way that the person knows would outrage ordinary family sensibilities.

     (2)  The preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.

     (3)  The burial or cremation of a corpse prepared consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.

     [(2)] (4)  Abuse of a corpse is a misdemeanor."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 7, 2059.


 


 

Report Title:

Abuse of a Corpse; Traditional Hawaiian Cultural Customs and Practices

 

Description:

Provides that the preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices and the burial or cremation of a corpse prepared consistent with traditional Hawaiian customs and practices shall not constitute the abuse of a corpse within the penal code.  Effective 1/7/2059.  (SD1)

 

 

 

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