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(20 ILCS 3435/5)
(from Ch. 127, par. 133c5)
Any violation of Section 3 not involving the disturbance of
human remains is a Class A misdemeanor and the violator
shall also be subject to a fine not in excess of $5,000; any
subsequent violation is a Class 4 felony. Any violation of Section 3
involving disturbance of human remains is a Class 4 felony. Each
disturbance of an archaeological site or a paleontological site shall
constitute a single offense. Persons convicted of a violation of Section 3
shall also be ordered to pay restitution. Such restitution is to be assessed by the circuit court. Restitution may include, but is not limited to:
(b) any and all costs incurred in cleaning,
restoring, analyzing, accessioning and curating the recovered materials;
(c) any and all costs associated with restoring the
land to its original contour;
(d) any and all costs associated with recovery of
data and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the archaeological or paleontological site;
(e) any and all costs associated with the
determination and collection of restitution.
When restitution is ordered in a case that is prosecuted by the Attorney General, all restitution shall be deposited into the Historic Sites Fund; when restitution is ordered in a case that is prosecuted by the State's Attorney, the proceeds shall be
deposited into the county fund designated by the county board.
(Source: P.A. 103-446, eff. 8-4-23.)