Public Act 1072 97TH GENERAL ASSEMBLY |
Public Act 097-1072 |
HB5122 Enrolled | LRB097 18007 RLC 63230 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by adding |
Section 12-20.6 as follows: |
(720 ILCS 5/12-20.6 new) |
Sec. 12-20.6. Abuse of a corpse. |
(a) In this Section: |
"Corpse" means the dead body of a human being. |
"Sexual conduct" has the meaning ascribed to the term |
in Section 11-0.1 of this Code. |
(b) A person commits abuse of a corpse if he or she |
intentionally: |
(1) engages in sexual conduct with a corpse or |
involving a corpse; or |
(2) removes or carries away a corpse and is not |
authorized by law to do so. |
(c) Sentence. |
(1) A person convicted of violating paragraph (1) of |
subsection (b) of this Section is guilty of a Class 2
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felony. |
(2) A person convicted of violating paragraph (2) of |
subsection (b) of this Section is guilty of a Class 4
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felony. |
(d) Paragraph (2) of subsection (b) of this Section does |
not apply to: |
(1) persons employed by a county medical examiner's |
office or coroner's office acting within the
scope of their |
employment; |
(2) the acts of a licensed funeral director or embalmer |
while performing acts authorized by the
Funeral Directors |
and Embalmers Licensing Code; |
(3) cemeteries and cemetery personnel while performing |
acts pursuant to a bona fide request from the involved |
cemetery consumer or his or her heirs, or pursuant to an |
interment or disinterment permit or a court order, or as |
authorized under Section 14.5 of the Cemetery Protection |
Act, or any other actions legally authorized for cemetery |
employees; |
(4) the acts of emergency medical personnel or |
physicians performed in good faith and according
to the |
usual and customary standards of medical practice in an |
attempt to resuscitate a life; |
(5) physicians licensed to practice medicine in a11 of |
its branches or holding a visiting professor,
physician, or |
resident permit under the Medical Practice Act of 1987,
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performing acts in accordance with usual and customary |
standards of medical practice, or a
currently enrolled |
student in an accredited medical school in furtherance of |
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his or her education at the accredited medical school; or |
(6) removing or carrying away a corpse by the |
employees, independent contractors, or other persons |
designated by the federally designated organ procurement |
agency engaged in the organ and tissue procurement process.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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