Rep. Daniel V. Beiser

Filed: 3/6/2012

 

 


 

 


 
09700HB5122ham001LRB097 18007 RLC 67225 a

1
AMENDMENT TO HOUSE BILL 5122

2    AMENDMENT NO. ______. Amend House Bill 5122 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09700HB5122ham001- 2 -LRB097 18007 RLC 67225 a

1    authorized by law to do so.
2    (c) Sentence.
3        (1) A person convicted of violating paragraph (1) of
4    subsection (b) of this Section is guilty of a Class 2
5    felony.
6        (2) A person convicted of violating paragraph (2) of
7    subsection (b) of this Section is guilty of a Class 4
8    felony.
9    (d) Paragraph (2) of subsection (b) of this Section does
10not apply to:
11        (1) persons employed by a county medical examiner's
12    office or coroner's office acting within the scope of their
13    employment;
14        (2) the acts of a licensed funeral director or embalmer
15    while performing acts authorized by the Funeral Directors
16    and Embalmers Licensing Code;
17        (3) the acts of emergency medical personnel or
18    physicians performed in good faith and according to the
19    usual and customary standards of medical practice in an
20    attempt to resuscitate a life; or
21        (4) physicians licensed to practice medicine in a11 of
22    its branches or holding a visiting professor, physician, or
23    resident permit under the Medical Practice Act of 1987,
24    performing acts in accordance with usual and customary
25    standards of medical practice, or a currently enrolled
26    student in an accredited medical school in furtherance of

 

 

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1    his or her education at the accredited medical school.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".