Bill Text: IL HB5122 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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,
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.
Section 99. Effective date. This Act takes effect upon
becoming law.