All Roll Calls
Yes: 35 • No: 0
IdahoH 08562026 regular legislative sessionHouse
PROTECTION OF GRAVES – Amends existing law to prohibit certain acts regarding graves and to provide exemptions.
Sponsored By: WAYS AND MEANS COMMITTEE
Signed by Governor
PROTECTION OF GRAVES
Your PRIA Score
Score Hidden
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Bans on grave damage and human remains trade
Beginning July 1, 2026, it is illegal to willfully remove, deface, injure, or destroy any cairn or grave. You also cannot possess, sell, buy, lease, publicly display, or advertise the sale of artifacts or human remains taken from a cairn, grave, or burial site on or after January 1, 1984. These limits do not apply when allowed under Idaho Code 27-503 or the law’s listed exemptions.
Exempt groups under the grave bans
Beginning July 1, 2026, several groups are exempt from the bans. Police and county coroners doing official duties are exempt. Licensed mortuaries, cemeteries, first responders, and transport services that follow Idaho law are exempt. State-licensed hospitals, research centers, public museums, and accredited colleges in good standing are exempt. Moving remains under contract to those institutions is allowed. Organ and tissue donation under Idaho’s anatomical gifts act or federal transplant law is allowed. Loved ones holding remains while waiting for officials, and people who turn in remains in good faith, are exempt. Possession of cremated remains and protected religious relics is allowed. Actions covered by Idaho Code 27-503, NAGPRA, or approved by the Attorney General are exempt.
Felony penalties and seizure for grave crimes
Beginning July 1, 2026, breaking the graves law is a felony under Idaho Code 18-112. Officers can seize items tied to the crime and run forensic and DNA tests. A court can order forfeiture if it finds a violation by a preponderance of evidence. Forfeited human remains go to the county coroner after all proceedings end.
Reburial rules after accidental grave disturbance
Beginning July 1, 2026, if you accidentally disturb a grave, you must have the remains reburied. This includes disturbance during construction, mining, or logging. The Idaho State Historical Society pays at least part of the reburial cost. This does not apply when the act is a prohibited violation without an exemption.
Sponsors & Cosponsors
Sponsor
WAYS AND MEANS COMMITTEE
Affiliation unavailable
Cosponsors
Tammy Nichols
Republican • Senate
Roll Call Votes
House vote • 3/27/2026
House Floor Vote
Yes: 35 • No: 0
Actions Timeline
Reported Signed by Governor on March 31, 2026 Session Law Chapter 253 Effective: 07/01/2026
4/1/2026Delivered to Governor at 4:50 p.m. on March 30, 2026
3/31/2026Reported Enrolled; Signed by Speaker; Transmitted to Senate
3/30/2026HouseRead third time in full – PASSED - 35-0-0
3/27/2026HouseRead second time; filed for Third Reading
3/26/2026HouseReported out of Committee with Do Pass Recommendation; Filed for second reading
3/25/2026HouseReceived from the House passed; filed for first reading
3/23/2026SenateRead second time; Filed for Third Reading
3/20/2026HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/19/2026HouseIntroduced, read first time, referred to JRA for Printing
3/10/2026House
Bill Text
Bill Text
Related Bills
H 0889 — STATE PROCUREMENT – Amends, repeals, and adds to existing law regarding the procurement of property by the State of Idaho.
S 1435 — APPROPRIATIONS – HEALTH AND HUMAN SERVICES – Relates to the maintenance appropriations to the Department of Health and Welfare and the State Independent Living Council for fiscal year 2027.
S 1429 — APPROPRIATIONS – HEALTH AND WELFARE – BEHAVIORAL HEALTH SERVICES – Relates to the appropriation to the Department of Health and Welfare for the Behavioral Health Services Division for fiscal years 2026 and 2027.
S 1410 — MEDICAID – Adds to existing law to provide legislative approval for the Department of Health and Welfare to submit a state plan amendment regarding change in encounter rate due to change in scope of services.
S 1439 — EDUCATION – Amends existing law to revise provisions regarding the Model School Facility Council.
S 1433 — APPROPRIATIONS – HEALTH AND WELFARE – MEDICAID – Relates to the appropriation to the Department of Health and Welfare for fiscal years 2026 and 2027.