You probably all saw the Sunday AP release of the new law.
Here in LaPorte county was an earlier release (home of Scott Pelath)
Here is one written on Friday in our local paper.
- ----------------------------------
Michigan City News Dispatch
6-25-99
NEW STATE LAW PROTECTS CEMETERIES by Tanya Cochran, ND staff writer
A new law that will preserve and document information on individuals buried
in smaller cemeteries will go into effect July 1.
The Cemetery Preservation Law, created by State Rep. Mark Lyle, D-Madison,
is well overdue, he believes.
"The necessity for this policy has been building for several years now",
Lytle said in a press release. "I have heard from people who are upset that
the grave sites of relatives have been disturbed or even disappeared without
a trace".
Many of the graveyard problems exist in the smaller cemeteries, but State
Rep. Scott Pelath, D-Michigan city, said the law applies to all cemeteries.
"The law protects graves against harm by stiffening the penalties," he said.
The offense is a Class A misdemeanor, but it can be raised to a Class D
felony if the loss is at least $2,500, Lytle said.
"Finally we have created the offense of cemetery mischief, which covers any
person found guilty of recklessly, knowingly, or intentionally damaging a
cemetery or mausoleum or disturbing, defacing or damaging a monument, grave
marker, artifact or ornamentation, or a cemetery enclosure," he said.
The law works through a process called memorialization. A person who
lawfully removes a gravestone would file information with the county
recorder. That information includes any names, dates, references to other
individuals and mementos contained on the memorial, as well as a photograph
of the memorial, a written description of the location and a photo of the
site.
Items removed from a cemetery will not be resold or bought.
The new law recognizes the rights of both relatives and the people who own
the property where the sites are located, Lytle said.
"There have been instances in the past where cemeteries on private property
have been plowed over by farmers who are cultivating land," Lytle said.
"The new law prevents them from that practice through this new law, we will
provide a means to keep track of graves that might be disturbed."
Lytle added the Natural Resources Study Committee he chairs will continue
examining cemetery preservation this summer.
"Eventually, we hope to have a policy that gets a comprehensive record of
these cemeteries across the state," Lytle said. "We also want to clearly
identify responsibilities in the event some graves must be moved, and to
allow for that removal to be done in as respectful and dignified a manner as
possible."
Holly Jenks
LaPorte, IN