HB 2011 — Family cemeteries; interment rights, proof of kinship.

SESSION HOUSE SUBSTITUTE 23105724D23106168D HOUSE BILL NO.

2011 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by onthe JanuaryHouse 31,Committee 2023)onfor GeneralCourts Lawsof Justice (Patron Prior to Substitute––Delegate Roem) A BILL to amend the Code of Virginia by adding a section numbered 57-27.1:1, relating to family cemeteries;

§That 57-27.1:1.the Code of Virginia is amended by adding a section numbered 57-27.1:1 as follows:

Familymembers cemeteriesand descendants.emeteries located on private property;

interment rights of immediate family membersA. and descendants.

A.For purposes of this section:

For"Family purposescemetery" means a private burying ground or cemetery, not operated for profit, that contains a collection of thisgraves section,of unlesspeople who descend from the contextsame requiresimmediate family and that is exe"Immediate family member or descendant" means a differentspouse, meaning:child, parent, sibling, grandchild, O grandparent, and parent-in-law of a deceased person buried in a family cemetery.

"Immediate"Interment" family" means one's spouse, child, parent, sibling, grandchild, grandparent, and H par"Interment" means the same as that term is defined in § 54.1-2310.

U B.

Any immediate family member or descendant of a deceased person who died prior to July 1, 2023, and is buried in a family cemetery located on private property owned by someone other thanthaS such familyproperty memberis orlocated descendantfor mayinterment petitionrights theupon circuitsuch courtproperty. of the county or city wherein the property is locC.

UponThose satisfactoryseeking showinginterment ofrights proofshaEl ofbehe kinship,considered within the courtexisting shallperimeter awardof thea family membercemetery. orS descendant interment rights upon such property.

SuchC. family member or descendant shall, in addition to the rights provided for in § 57-27.1, have interment rights concerning himself and other familyEmembers and descendants.

TheUpon familysatisfactory membershowing orof descendantproof mayof provekinship, kinshipthe tocourt ashall deceasedaward person buried in documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceasedimmediate family person,member family photographs, or otherdescendant officialinterment orrights nonofficialupon docSmentationsuch deemedproperty. by the court to be reliable.

ForSuch purposesimmediate family member or descendant shall, in addition to the rights provided for in § 57-27.1, have interment rights coScerning descendant may prove kinship to a deceased person buried in the family cemetery by proffering official documentation or evidence of thiskinship section,or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased family memberperson, family photographs, or descendantother shallofficial or nonofficial documentation deemed by the court to be withinreliable.S orders allowing for the ingress and egress of such immediate family ofmember aor deceaseddescendant personforll buriedTourt ininterment purposes but may designate reasonable limitations with regard to access and usage of the familyproperty cemetery.for the interment of any deceased person.

UI orders: allowing for the ingress and egress of such family member and descendant for intermentl Bourt purposes but may designate reasonable limitations with regard to access and usage of the properSy for the interment of any deceased person.

36 E.

The provisions of this section shall not apply to any cemetery, mausoleum, columbarium, oT 37 similar interment facility located on the property of any church or religious association, denoUination, 39 denomination, or body.body leased by (i) an incorporated church or religious body or corporation, as 40 described in § 57-16.1;

For purposes of this subsection, the property of any church or religious association,oIination, 36 denomination, or body leased by (i) an incorporated church or religious body or corporation, asT 37 described in § 57-16.1;

or (iii) a trustee of ananT / 38 unincorporated church or religious body shall be deemed to be owned by such church or religiousUreligiousE 39 association, denomination, or body.

Towner Eincurred Hpursuant 1to Han action under this section.onable costs and fees of the private property B 1 2