97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5122
 
Introduced 2/8/2012, by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/12-20.6 new

     Amends the Criminal Code of 1961.  Creates the offense of abuse of a corpse.  Provides that a person commits the offense  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. Establishes penalties. Provides exemptions from violations for removing or carrying away a corpse.  Effective January 1, 2013.
  


LRB097 18007 RLC 63230 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5122LRB097 18007 RLC 63230 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by adding 
5Section 12-20.6 as follows:
 
6    (720 ILCS 5/12-20.6 new)
7    Sec. 12-20.6. Abuse of a corpse.
8    (a) In this Section:
9        "Corpse" means the dead body of a human being.
10        "Sexual conduct" has the meaning ascribed to the term 
11    in Section 11-0.1 of this Code.
12    (b) A person commits abuse of a corpse if he or she 
13intentionally:
14        (1) engages in sexual conduct with a corpse or 
15    involving a corpse; or
16        (2) removes or carries away a corpse and is not 
17    authorized by law to do so.
18    (c) Sentence.
19        (1) A person convicted of violating  paragraph (1) of 
20    subsection (b) of this Section is guilty of a Class 2

21    felony.
22        (2) A person convicted of violating paragraph (2) of 
23    subsection (b) of this Section is guilty of a Class 4

 
 
HB5122- 2 -LRB097 18007 RLC 63230 b

1    felony.
2    (d) Paragraph (2) of subsection (b)  of this Section does 
3not apply to:
4        (1) persons employed by a county medical examiner's 
5    office or coroner's office acting within the
scope of their 
6    employment while performing an autopsy;
7        (2) the acts of a licensed funeral director or embalmer 
8    while performing acts authorized by the
Funeral Directors 
9    and Embalmers  Licensing Code;
10        (3) the acts of emergency medical personnel or 
11    physicians performed in good faith and according
to the 
12    usual and customary standards of medical practice in an 
13    attempt to resuscitate a life; or
14        (4) physicians licensed to practice medicine in a11 of 
15    its branches or holding a visiting professor,
physician, or 
16    resident permit under the Medical Practice Act  of 1987,

17    performing acts in accordance with usual and customary 
18    standards of medical practice, or a
currently enrolled 
19    student in an accredited medical school in furtherance of 
20    his or her education at the accredited medical school. 
 
 
21    Section 99. Effective date. This Act takes effect January 
221, 2013.