HB 187-VANDALISM OF CEMETERIES & GRAVES      Lori Backes, staff to Representative Whittaker, testified that there are no statutes relating to vandalism or desecration of modern cemeteries and memorials. Although acts of vandalism are punishable under criminal mischief statutes, the degree of crime centers around the monetary value of the damage and doesn't address the personal insult and emotional damage such acts inflict on individuals, families, communities or tribes. HB 187 clearly states that if a person damages, defaces or desecrates a cemetery, tomb, grave, memorial or its contents it is a crime of criminal mischief in the second degree. This is regardless of whether or not the tomb grave or memorial is in a cemetery or appears to be abandoned lost or neglected. It would also be a crime of criminal mischief in the second degree if an individual removes human remains or associated items from a cemetery, tomb, grave or memorial. SENATOR COWDERY recalled the vandalism that occurred when he was in charge of the downtown Anchorage cemetery. He wondered how the dollar amount of such vandalism would be determined. MS. BACKES responded that the amendment classifies such vandalism as a class C felony and does not set a dollar amount on the damage. In many cases, it is not possible to establish a monetary value on damage done but emotional damage can be recognized. Number 376 CHAIRMAN TAYLOR said there are a growing number of instances of "digging". This is where individuals locate and collect artifacts from ancestral graves and then sell them. This legislation will prohibit this type of activity. MS. BACKES responded that she was aware of such activity and any persons who do not have a state or federal permit or legal authorization to disturb a grave or memorial would be prohibited from doing so under this legislation. Under federal law, there are exceptions if the disturbance is inadvertent but there are specific reporting requirements for such disturbances. Digging without a permit will increase fines to $50,000 and up to five years incarceration. CHAIRMAN TAYLOR asked where a dollar amount appears. MS. BACKES said it is not referred to in the bill but in chapter 12 of crimes of criminal mischief. Number 675 SENATOR THERRIAULT asked for clarification on the current statute governing burial sites. MS. BACKES explained that current statute that protects cemeteries is under the Alaska Historic Preservation Act. Under that act, destruction is a class A misdemeanor. Although penalties are not routinely imposed because it's difficult to catch individuals in the act of desecrating a grave, there may be other charges levied that do not relate to the desecration of a grave. It is hoped that raising grave desecration to a class C felony would in itself be a deterrent. CHAIRMAN TAYLOR called for additional testimony and received no response. He asked for the pleasure of the committee. SENATOR THERRIAULT moved SCS HB 187(JUD) from committee with individual recommendations. There being no objection, SCS HB 187(JUD) moved from committee.