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Lawmakers back tougher penalties for concealing deaths, dismembering remains after string of local cases
Summary
Committee heard victims' advocates, state's attorneys and law enforcement urge a new felony for concealing death and dismembering remains to close prosecution gaps when severe mutilation prevents determining cause of death; bill would increase maximum penalties and allow consecutive sentences.
The committee heard broad bipartisan support Feb. 11 for House Bill 674, which would make it a felony to intentionally conceal a death and willfully dismember, destroy or otherwise obliterate portions of human remains. Delegate Aaron Kauffman introduced the bill after prosecutors and investigators across multiple counties reported cases in which dismemberment and concealment hampered homicide prosecutions.
State's attorneys from Baltimore County and Prince George's County and the Maryland State Police homicide unit described cases in which bodies were severely decomposed, dismembered or scattered, making cause and manner of death difficult to determine and in some cases forcing prosecutors to use other charges. Baltimore County State's Attorney Scott Schellenberger said enhanced penalties would "fill a hole" in the law where dismemberment prevents proving murder. State's Attorney Ayesha (Ayesha Braveboy) of Prince George's described a recent local case in which a teacher's body was found dismembered and difficulties in identifying cause and manner of death.
Sergeant Roger Schwab of the Maryland State Police recounted an investigation in St. Mary's County in which a victim was shot, dismembered with a chainsaw and portions of the body burned and buried; current charges against a concealer were misdemeanors related to improper disposal. Several jurisdictions said they had multiple recent cases that would be covered by the proposed new felony.
Sponsors said the bill would increase the maximum sentence for the concealment and dismemberment offense to 10 years and make the sentence consecutive to other penalties in appropriate cases so judges could reflect aggravated conduct at sentencing. Committee members questioned the public-defender point that a new felony could carry harsh collateral consequences; prosecutors testified that in many cases dismemberment leaves them unable to obtain murder convictions without a separate statutory tool.
Supporters emphasized the harm to victims'families when remains are destroyed and the public-safety benefit of a specific felony that fits these crimes. The bill was supported by a coalition of state's attorneys and law-enforcement witnesses; no formal vote was recorded at the hearing.
