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Judiciary Committee changes unauthorized-burial penalty to civil fine, reports bill 5-0
Summary
The Judiciary Committee voted to report a bill that narrows a new crime to abuse of a dead body (excluding fetal remains) and replaces a prior felony penalty tied to burial-transit permit violations with a civil penalty; supporters cited public‑health concerns and legal distinctions in existing statutes.
At a Judiciary Committee meeting, members voted 5-0 to report a bill as amended that narrows a new offense to the abuse of the dead body of a person and makes the penalty for certain burial-permit violations a civil penalty rather than a felony.
Committee counsel summarized the legal effect of the amendment, saying it confines the new criminal provision to the abuse of a dead person and does not apply to fetal remains. "What this new amendment achieves is that new crime in section 1 applies to the abuse of a dead body of a person and does not apply to fetal remains," Ben, a staff member, told the committee.
The memo Ben described traces how Title 18 currently requires a burial-transit (disposition) permit for the burial or removal of a dead body and notes that failure to obtain that permit has been punishable as a five-year felony and a fine of up to $1,000 under the existing chapter. He explained that fetal remains are addressed in a separate subchapter and that those provisions cross-reference the permit requirements, citing case law, including State v. Chambers, that recognizes the statutory distinction between dead persons and fetal deaths.
Supporters of the amendment told the committee they welcome the change because of concerns about prosecuting parents. "I think there could be[concern] about the idea of perhaps misusing this ... to prosecute people who are gonna have a miscarriage. ... So I actually think this is a pretty important change here," said Senator (unnamed) during committee discussion.
Two health-sector witnesses expressed support. Jessica Bergquist, identifying herself with Planned Parenthood Northern New England and Vermont Action Fund, said, "We absolutely support section 2. ... Title 18 is a big improvement." Jessica Barnard of the Vermont Medical Society said her group was "comfortable with where the bill landed" and praised the committee and sponsors for the changes, particularly the switch to a civil penalty in section 2.
Committee members also asked about related provisions such as green-burial rules and whether the amended language comported with statutes that changed permitting for burials on private property. One member said they were "not familiar with [the green burial statute] and would have to look into that." Ben noted the amendment preserves the separate statutory treatment of fetal remains and that disposition-permit requirements continue to apply to private burial or disposition of fetal remains under the cross-referenced subchapter.
Following discussion, a committee member moved to report the bill as amended and the committee took a roll-call vote. Senators Norris, Biogalski, Maruth, Meadows and one additional senator recorded "yes," producing a 5-0 tally and approval to report the bill out of committee.
The measure will proceed as reported; committee members and health-sector witnesses recommended further review of Title 18 in future sessions to ensure statutes align with current medical and public-health practice.
