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Md. bill would outlaw keeping a corpse in freezer

Posted: 6:46 pm Wed, January 20, 2010
By Associated Press

ANNAPOLIS — Maryland residents who decide to store the bodies of dead loved ones in freezers and wooded areas, as some have done in recent years, would be breaking the law under a proposal from a state lawmaker.

The bill proposed by Delegate Theodore Sophocleus, D-Anne Arundel, would require people to send human remains to designated places such as cemeteries, family burial plots or crematories. Violators could be charged with a misdemeanor and face fines of up to $5,000 and possibly a year in prison.

“This is a very simple bill,” Sophocleus told members of the House of Delegates Health and Government Operations Committee on Wednesday. “It limits where and how you can dispose of a body.”

The measure would plug a long-standing gap in Maryland’s statutes. Although state law tells officials such as police and medical professionals what to do with a corpse, it is silent on the obligations of ordinary citizens, according to Sen. James E. DeGrange, D-Anne Arundel, and Maryland Legislative Services staff.

DeGrange is backing a separate bill this year that would establish corpse reporting requirements for individuals.

Officials with the Anne Arundel County prosecutor’s office know of at least two cases where local families have stored the remains of loved ones in unusual manners since 1999.

Last summer, relatives stored the body of 83-year-old Doris Cooke in a freezer at a Glen Burnie home. With no state law governing how individuals should dispose of a body, prosecutors were unable to file criminal charges.

In a 1999 case, police discovered an Anne Arundel father buried his 4-year-old daughter in a wooded area. Authorities were never able to determine the cause of her death.

“He took the child out to the woods, covered her in leaves and left her there, and the only violation it created was littering,” Sophocleus said. In 2000, in the aftermath of that case, state lawmakers proposed legislation similar to Sophocleus’ bill. It passed the House but the session ended before the Senate had a chance to vote on it.

William Katcef, assistant state’s attorney in Anne Arundel County, testified in favor of Sophocleus’ current proposal.

“Obviously there are proper places to dispose of a body and there are improper places,” Katcef said. “Clearly the woods, a shallow grave and a freezer are not appropriate places.”

A lobbyist for the Funeral Directors and Morticians Association of Maryland Inc. told lawmakers that morticians can help families find the most cost-effective way to store a loved one’s remains, if finances are tight.

“There is always a way, always a way,” David Mason said.

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