Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
(1)Violation of ORS 97.160 (Duty of hospital or sanitarium to notify before sending remains to undertaker) is a Class A misdemeanor.
(2)Every officer, agent or employee of this state or of any county, city or any other municipal subdivision thereof who willfully neglects to notify the State Mortuary and Cemetery Board of the existence of a body as required by ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) or who refuses to deliver possession of such body according to the provisions of ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) or who mutilates or permits any such body to be mutilated so that it is not valuable for anatomical purposes or who refuses or neglects to perform any of the duties enjoined upon the officer, agent or employee by ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200), commits a Class A misdemeanor.
(3)Violation of ORS 97.520 (Sale or offer to sell cemetery plot upon promise of resale at financial profit), 97.530 (Commission, bonus or rebate for sale of plot or services) or 97.540 (Commission, bonus or rebate for recommendation of cemetery) is a Class A misdemeanor.
(4)Any person, association or corporation who operates a cemetery, mausoleum or columbarium contrary to the provisions of ORS 97.020 (Exemption of certain organizations and cemeteries from certain sections of chapter) to 97.040 (Private family burial grounds), 97.110 (Human remains not to be attached) to 97.130 (Right to control disposition of remains), 97.145 (Liability for failure to conform to written instrument directing control of remains), 97.150 (Disposition of cremated remains), 97.220 (Disinterment), 97.310 (Survey and subdivision of land) to 97.360 (Resurvey and alteration in shape or size) (1), 97.440 (Removal of dedication), 97.510 (Sale and conveyance of plots by cemetery authority) to 97.560 (Presumption of sole ownership in grantee of plot), 97.710 (Power of cemetery authority to make rules and regulations), 97.720 (Record of interments and cremations), 97.810 (Endowment care and nonendowed care cemeteries), 97.820 (Placing cemetery under endowed care), 97.830 (Investment and reinvestment of principal of endowed care funds) and 97.840 (Cemetery authority authorized to receive and hold gifts of property) to 97.846 (Agreements for care) commits a Class B misdemeanor.
(5)(a) Violation of ORS 97.745 (Prohibited acts) is a Class C felony.
(b)In addition to any other sentence provided by law for criminal violations of ORS 97.745 (Prohibited acts), the judge shall impose a penalty not to exceed $10,000 on any person convicted of a criminal violation of ORS 97.745 (Prohibited acts).
(6)In addition to the penalty of subsection (5) of this section, any native Indian artifacts or human remains taken by, or in possession of, any person sentenced under subsection (5) of this section and all equipment used in the violation may be ordered forfeited by the court in which conviction occurs, and may be disposed of as the court directs. [Subsections (5) to (7) enacted as 1977 c.183 §12; subsection (8) enacted as 1977 c.647 §4; 1979 c.420 §3; 1983 c.526 §6; 1985 c.198 §5; subsections (5) to (7) renumbered 127.990 in 1991; subsection (5)(b) of 1995 Edition enacted as 1995 c.543 §3; 2011 c.597 §156; 2015 c.651 §5]
Atty. Gen. Opinions
Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457