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From Section 5097.98 of the Public SB 447 (Chapter 404, Statutes of 1987): Resources Code: On January 1, 1988, Senate Bill 447 went into effect. (a) Whenever the commission receives notification This legislation amended Section 5097.99 of the Public of a discovery of Native American human remains Resources Code,making it a felony to obtain or from a county coroner pursuant to subdivision (c)of possess Native American remains or associated grave Section 7050.5 of the Health and Safety Code, it goods: shall immediately notify those persons it believes to be most likely descended from the deceased Native (a) No person shall obtain or possess any Native American. The descendents may,with the American artifacts or human remains which are taken permission of the owner of the land,or his or her from a Native American grave or cairn on or after authorized representative, inspect the site of the January 1, 1984,except as otherwise provided by law or discovery of the Native American remains and may in accordance with an agreement reached pursuant to recommend to the owner or the person responsible for subdivision p) of Section 5097.94 or pursuant to the excavation work means for treating or disposing, Section 5097.98. with appropriate dignity,the human remains and any associated grave goods. The descendents shall (b) Any person who knowingly or willfully obtains or complete their inspection and make their possesses any Native American artifacts or human recommendation within 24 hours of their notification remains which are taken from a Native American grave by the Native American Heritage Commission. The or cairn after January 1, 1988,except as otherwise recommendation may include the scientific removal provided by law or in accordance with an agreement and nondestructive analysis of human remains and reached pursuant to subdivision p) of Section 5097.94 items associated with Native American burials. or pursuant to Section 5097.98, is guilty of a felony which is punishable by imprisonment in the state (b) Whenever the commission is unable to identify a prison. descendent,or the descendent identified fails to make a recommendation,or the landowner or his or her (c) Any person who removes,without authority of r authorized representative rejects the recommendation law,any Native American artifacts or human remains of the descendent and the mediation provided for in from a Native American grave or cairn with an intent to subdivision (k)of Section 5097.94 fails to provide sell or dissect or with malice or wantonness is guilty of measures acceptable to the landowner, the landowner a felony which is punishable by imprisonment in the or his or her authorized representative shall reinter the state prison. human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance. 86 91736