C.R.S. Section 24-80-1302
Discovery of human remains

(1)

Except as provided in section 24-80-1303 with regard to anthropological investigations, any person who discovers on any land suspected human skeletal remains or who knowingly disturbs such remains shall immediately notify the coroner or medical examiner of the county wherein the remains are located and the sheriff, police chief, or land managing agency official.

(2)

The coroner or medical examiner shall conduct an on-site inquiry within forty-eight hours after such notification to attempt to determine whether such skeletal remains are human remains and to determine their forensic value. If it is confirmed that the remains are human remains and of forensic value, the coroner or medical examiner shall take legal custody of the human remains pursuant to section 30-10-606 (1.2), C.R.S. If it is confirmed that the remains are human remains but of no forensic value, the coroner or medical examiner shall notify the state archaeologist of the discovery. The state archaeologist shall recommend security measures for the site.

(3)

Prior to further disturbance, the state archaeologist shall cause the human remains to be examined by a qualified archaeologist to determine whether the remains are more than one hundred years old and to evaluate the integrity of their archaeological context. Complete documentation of the archaeological context of the human remains shall be accomplished in a timely manner.

(4)

Intentionally left blank —Ed.

(a)

If the on-site inquiry discloses that the human remains are Native American, the state archaeologist shall notify the commission.

(b)

The remains shall be disinterred unless the landowner, the state archaeologist, and the chairman of the commission or his designee unanimously agree to leave the remains in situ.

(c)

Disinterment shall be conducted carefully, respectfully, and in accordance with proper archaeological methods and by an archaeologist who holds a permit issued under sections 24-80-405 and 24-80-406. In the event the remains are left in situ, they shall be covered over.

(d)

Without the landowner’s express consent for an extension of time, disinterment shall be accomplished no later than ten consecutive days after the state archaeologist has received notification from the coroner or medical examiner pursuant to subsection (2) of this section.

(e)

The archaeologist who conducts the disinterment will assume temporary custody of the human remains, for a period not to exceed one year from the date of disinterment, for the purpose of study and analysis. In the event that a period in excess of one year is required to complete such study and analysis, the commission shall hold a hearing and may, based upon its findings, grant an extension. During the period that the human remains are in the temporary custody of the archaeologist who conducted the disinterment, an archaeological analysis and report shall be prepared. At the same time, a physical anthropological study shall be conducted to include, but not be limited to, osteometric measurement, pathological analysis, and age, sex, and cause of death determinations. The cost of the disinterment, archaeological analysis, and physical anthropological study shall be borne by the state archaeologist except when the human remains are recovered from private lands. In the latter case, if no party can be identified who will bear the cost of such scientific study, the state archaeologist shall bear such costs.

(f)

Upon completion of the studies pursuant to paragraph (e) of this subsection (4), the state archaeologist shall consult with the commission regarding reinterment.

(5)

Those remains which are verifiably nonnative American and are otherwise unclaimed will be delivered to the county coroner or medical examiner for further conveyance to the Colorado state anatomical board.

Source: Section 24-80-1302 — Discovery of human remains, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑80‑101
Definitions 24‑80‑102
State archives and records - personnel - duties - cash fund - rules - definition 24‑80‑102.5
Custody of state property 24‑80‑102.7
Records management programs - records liaison officers 24‑80‑103
Determination of value - disposition 24‑80‑104
Transfer of records to archives 24‑80‑105
Disposal of records 24‑80‑106
Protection of records 24‑80‑107
Reproduction on film - evidence - digital scans 24‑80‑108
Access to records 24‑80‑109
Records may be replevined 24‑80‑110
Disagreement as to value of records 24‑80‑113
State archives - available storage space - report 24‑80‑115
State archivist - review of best practices - records advisory board 24‑80‑116
Display of original state constitution in state capitol - online display of state constitution - educational opportunities 24‑80‑201
Society an educational institution 24‑80‑201.5
State historical society - board - appointment - powers and duties 24‑80‑201.7
Directors council - creation - election - duties 24‑80‑202
Trustee for state - exchange duplicates - lending materials 24‑80‑202.5
Funding recommendations 24‑80‑203
Publications 24‑80‑204
Employees 24‑80‑205
Disposition of duplicate specimens - loans authorized 24‑80‑206
Society to accept gifts 24‑80‑207
Purpose of donations 24‑80‑208
Donations providing conditions on use 24‑80‑209
Title to property - disbursement of revenues - enterprise services cash fund - community museums cash fund - definition 24‑80‑210
Collections classed and catalogued 24‑80‑211
Society and division 24‑80‑212
Transfer of mineral exhibits and documents 24‑80‑213
Assistance from educational institutions 24‑80‑214
State museum cash fund 24‑80‑215
America 250 - Colorado 150 commission - creation - powers and duties - report - definitions - repeal 24‑80‑216
Federal Indian boarding school research program - recommendations - definitions - repeal 24‑80‑217
State historical society strategic initiatives fund - creation - repeal 24‑80‑301
County units 24‑80‑302
Office in county courthouse 24‑80‑303
County to pay expenses 24‑80‑304
Title to property 24‑80‑305
Custodian - finance board - indebtedness 24‑80‑306
Collection of material - expense 24‑80‑307
Duty of secretary-custodian - report 24‑80‑401
Title to historical, prehistorical, and archaeological resources 24‑80‑402
Administration of part 4 24‑80‑403
Office of state archaeologist - purpose 24‑80‑404
State archaeologist - appointment - qualifications 24‑80‑405
Objectives and duties of the state archaeologist 24‑80‑406
Permits 24‑80‑407
Agreements 24‑80‑408
Properties not owned by the state 24‑80‑409
Penalty - injunction - temporary restraining order 24‑80‑410
State monuments 24‑80‑411
Applicability of this part 4 to human remains 24‑80‑501
Monuments enumerated - control 24‑80‑502
Survey - report - acquisition 24‑80‑601
Name changed from Grand 24‑80‑602
Effect 24‑80‑701
Name changed from Veta peak 24‑80‑801
Penalty for damaging monuments 24‑80‑802
Historic trail - marking 24‑80‑803
Old Spanish trail - marking - legislative declaration 24‑80‑901
Size and description of seal 24‑80‑902
Punishment for illegal use 24‑80‑903
Secretary of state alone can affix - custodian 24‑80‑904
State flag 24‑80‑905
Columbine 24‑80‑906
Duty to protect 24‑80‑907
Limitation on picking state flower 24‑80‑908
Violation a misdemeanor - penalty 24‑80‑909
State song 24‑80‑909.5
State folk dance 24‑80‑910
Lark bunting 24‑80‑910.5
State pets 24‑80‑911
State animal 24‑80‑911.3
State reptile 24‑80‑911.4
State amphibian 24‑80‑911.5
State fish 24‑80‑912
State gemstone 24‑80‑912.5
State mineral 24‑80‑912.7
State rock 24‑80‑913
State insect 24‑80‑914
State museum 24‑80‑915
State cactus 24‑80‑1001
Legislative declaration 24‑80‑1201
Ghost towns - historical society may designate 24‑80‑1202
Destruction of ghost town - penalty 24‑80‑1301
Definitions 24‑80‑1302
Discovery of human remains 24‑80‑1303
Discovery of human remains during an anthropological investigation 24‑80‑1304
Rule-making authority - state archaeologist 24‑80‑1305
Violation and penalty 24‑80‑1401
Colorado veterans’ monument preservation trust fund - preservation trust committee - park name change
Green check means up to date. Up to date

Current through Fall 2024

§ 24-80-1302’s source at colorado​.gov