O.C.G.A.
O.C.G.A.

O.C.G.A. § 31-21-6 (2019)

Notification of law enforcement agency upon disturbance, destruction, or debasement of human remains

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Any person who knows or has reason to believe that interred human remains have been or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit issued pursuant to Code Section 36-72-4, 12-3-52, or 12-3-82 or without written permission of the landowner for an archeological excavation on the site by an archeologist or not in compliance with Section 106 of the National Historic Preservation Act, as amended, and any person who accidentally or inadvertently discovers or exposes human remains shall immediately notify the local law enforcement agency with jurisdiction in the area where the human remains are located.

(b) Any law enforcement agency notified of the discovery or disturbance, destruction, defacing, mutilation, removal, or exposure of interred human remains shall immediately report such notification to the coroner or medical examiner of the county where the human remains are located, who shall determine whether investigation of the death is required under Code Section 45-16-24. If investigation of the death is not required, the coroner or medical examiner shall immediately notify the local governing authority of the county or municipality in which the remains are found and the Department of Natural Resources. If the remains are believed to be those of one or more aboriginal or prehistoric ancestors of or American Indians, then the Department of Natural Resources shall notify the Council on American Indian Concerns. All land-disturbing activity likely to further disturb the human remains shall cease until:

(1) The county coroner or medical examiner, after determining that investigation of the death is required, has completed forensic examination of the site;

(2) A permit is issued for land use change and disturbance pursuant to Code Section 36-72-4; a permit is issued or a contract is let pursuant to subsection (d) of Code Section 12-3-52; or written permission is obtained from the landowner for the conduct of an archeological excavation; or

(3) If such a permit is not sought, the Department of Natural Resources arranges with the landowner for the protection of the remains.

(c) The provisions of this Code section shall not apply to normal farming activity including, but not limited to, plowing, disking, harvesting, and grazing of livestock.

History

Code 1981, § 31-21-6, enacted by Ga. L. 1992, p. 1790, § 3.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, this Code section was redesignated as Code Section 31-21-6 since Ga. L. 1992, p. 992, § 1, and Ga. L. 1992, p. 1790, § 3, both enacted a

Code Section 31-21-5, and ‘‘archeologist’’ was substituted for ‘‘archaeologist’’ in subsection (a).

U.S. Code. - The National Historic Preservation Act, referred to in this Code section, is codified at 16 U.S.C. § 470 et seq.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Norma Traba v. Gregory B. Levett & Sons Funeral Home, Inc. (Ga. Ct. App. 2023).
Sort: Relevance Newest Treatment
Norma Traba v. Gregory B. Levett & Sons Funeral Home, Inc. (Ga. Ct. App. 2023). · cites it 2× “Subsection (b) of OCGA § 31-21-6 sets out a priority list of persons who can make such arrangements.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.