Bill Text: IL HB5122 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1072 [HB5122 Detail]
Download: Illinois-2011-HB5122-Chaptered.html
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| Public Act 097-1072 | ||||
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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:
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(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 | ||
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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