THE SENATE	S.B. NO.	1166
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
STATE OF HAWAII		H.D. 2

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 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  Statutory material to be repealed is bracketed and stricken.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 upon its approval.

Report Title:

Abuse of a Corpse; Traditional Hawaiian Cultural Customs and Practices

Description:

Clarifies that preparation, burial, or cremation of a corpse in a manner consistent with traditional Hawaiian cultural customs and practices shall not constitute the offense of abuse of a corpse.  (SB1166 HD2)

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