To repeal sections 194.400 and 194.410, RSMo 1994, relating to unmarked human burial sites, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 194.400 and 194.410, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as sections 194.400 and 194.410, to read as follows

194.400. As used in sections 194.400 to 194.410 the following words and phrases mean:

(1) "Committee", the unmarked human burial consultation committee;

(2) "Cultural items", shall include:

(a) "Associated funerary objects", objects that are reasonably believed to have been placed with individual human remains either at the time of death, or during the death rite or ceremony, or later, and all other items exclusively made for burial purposes including items made to contain human remains;

(b) "Unassociated funerary objects", objects that are reasonably believed to have been placed with individual human remains either at the time of death or during the death rite or ceremony, or later, which can be identified by a preponderance of the evidence as related to known human remains or an unmarked human burial site or can be identified as having been removed from a specific native American unmarked human burial site;

[(2)] (3) "General archaeological investigation", refers to:

(a) Excavations performed by professional archaeologists usually consisting of a structured scientific undertaking comprised of three segments including field investigations, laboratory analysis, and preparation and submission of a report of investigation; and

(b) Identification of the presence of human remains in excavated materials considered to occur at the completion of the laboratory analysis segment of the studies as above;

(4) "Native American", an individual, tribe or people whose ancestors occupied the North American continent prior to European settlement;

[(3)] (5) "Professional archaeologist", a person who has a graduate degree in archaeology, anthropology, or closely related field, at least one year of full-time professional experience or equivalent specialized training in archaeological research, administration of management, or at least four months of supervised field and analytic experience in general North American archaeology and demonstrated ability to carry archaeological research to completion, as evidenced by a master of arts or master of science thesis, or report equivalent in scope and quality;

(6) "Second or subsequent violation", any violation, other than the first violation, of a felony law related to the trafficking of native American human remains or native American cultural items located in the state of Missouri, the United States, or any other state;

[(4)] (7) "Skeletal analyst", a person possessing a postgraduate degree representing specialized training in skeletal biology, forensic osteology, or other relevant aspects of physical anthropology. The skeletal analyst shall have a minimum experience of one year in conducting laboratory reconstruction and analysis, and shall have demonstrated the ability to design and execute a skeletal analysis, and to present the written results and interpretations of such analysis in a thorough, scientific, and timely manner;

[(5)] (8) "Specific scientific investigations", refers to detailed studies of human remains by professional archaeologists, anthropologists, osteologists, or professionals in related disciplines;

[(6)] (9) "State historic preservation officer", the director of the department of natural resources;

[(7)] (10) "Unmarked human burial", any instance where human skeletal remains are discovered or believed to exist, but for which there exists no written historical documentation or grave markers.

194.410. 1. Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, destroys, vandalizes, or damages a marked or unmarked human burial site commits a class D felony.

2. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any human remains of a native American without the right of possession to those remains as provided in sections 194.400 to 194.410 commits a class C felony and, in the case of a second or subsequent violation, commits a class B felony.

3. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any native American cultural items obtained in violation of sections 194.400 to 194.410 commits a class D felony and, in the case of a second or subsequent violation, commits a class C felony.