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(20 ILCS 3435/5) (from Ch. 127, par. 133c5) Sec. 5. Penalties. 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: (a) (blank); (b) any and all costs incurred in cleaning, |
| restoring, analyzing, accessioning and curating the recovered materials;
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(c) any and all costs associated with restoring the
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| land to its original contour;
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(d) any and all costs associated with recovery of
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| 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;
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(e) any and all costs associated with the
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| determination and collection of restitution.
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When restitution is ordered in a case that is prosecuted by the Attorney General, all restitution shall be deposited into the Illinois 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; 103-616, eff. 7-1-24.)
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