Committee advances bill to ban sale of human remains, raise penalty to felony

Senate sponsors advanced H 856 on a voice vote March 25, sending the bill to the Senate floor with a do-pass recommendation. Senator Tammy Nichols (R–District 10), who presented the bill with Representative Heather Scott (R–District 2), said the measure closes a gap in Idaho law that currently allows the possession, purchase and sale of dry human remains and does not bar shipments from other states.

"This bill was brought by a University of Idaho law student and a family of morticians who worked with the Anthropology Department at Idaho State University," Nichols said as she described stakeholder support from law enforcement and coroners. Representative Scott told the committee that "between August 2023 and 2025, there were 19 human skulls posted online in an Idaho group" and that some items appeared to be non-medical in origin.

Desalyn Swank, who identified herself as the author who discovered the legal gap, told the committee she found more than 600 dismembered body parts being offered for sale in Idaho and said a brick-and-mortar retailer in Idaho Falls was legally operating because no statute prohibited the sales. "There were currently over 600 dismembered parts of dead people that were available for sale in Idaho," Swank said.

Terry Durden, representing the Idaho Sheriff's Association and Ada County Sheriff Matt Clifford, said Idaho law already criminalizes possessing items clearly taken from a grave but does not prohibit offering them for sale; the bill aims to close that loophole while carving out exceptions for universities, medical facilities, museums and coroners. Durden told senators the exceptions were intended to protect legitimate educational and medical uses.

During discussion Senator Ricks asked about penalties; Nichols said current law treats the offense as a misdemeanor and that H 856 would increase the penalty to a felony. Senator Ricks moved to send the bill to the floor with a do-pass recommendation; Senator Foreman seconded and the motion carried by voice vote.

The committee did not record a roll-call tally; the record shows the committee adopted the do-pass motion by voice vote. H 856 includes exemptions for medical and investigatory uses and was described by sponsors as the product of stakeholder negotiation with coroners, sheriffs and counties. The bill will next be scheduled for floor consideration by Senate leadership.