Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 3440/2

(20 ILCS 3440/2) (from Ch. 127, par. 2662)

Sec. 2. Legislative finding and intentions.

The General Assembly
finds that existing laws do not provide equal or adequate protection for all
human graves.  There is a threat to the safety and
sanctity of unregistered and unmarked graves.  Numerous incidents in
Illinois have resulted in the desecration of human remains and vandalism to
graves and grave markers.  Similar incidents have occurred in neighboring states and
as a result those states have increased their criminal penalties for such
conduct.  Strong and meaningful relationships between the State of Illinois and tribal nations geographically and culturally affiliated to the land now known as the State of Illinois must be cultivated.  There
is an immediate need for legislation to protect the graves of Native Americans and any other peoples geographically and culturally affiliated to the land now known as the State of Illinois from such desecration.  The General Assembly intends to assure
with this Act that all human burials be accorded equal treatment and
respect for human dignity.

The General Assembly finds that the intentional looting of, desecration of, or profiting from human remains and mortuary objects are deplorable actions that must be prohibited. When human remains and unregistered graves are unintentionally encountered, they must be treated with respect and in accordance with law. This Act is not intended to interfere with
the normal enjoyment of private property owners, farmers, or those engaged
in the development, mining or improvement of real property.

(Source: P.A. 103-446, eff. 8-4-23.)