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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Crematory Regulation Act is amended by | ||||||
5 | changing Sections 20, 25, 35, and 55 as follows:
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6 | (410 ILCS 18/20)
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7 | (Section scheduled to be repealed on January 1, 2024) | ||||||
8 | Sec. 20. Authorization to cremate.
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9 | (a) A crematory authority shall not cremate human remains | ||||||
10 | until it
has received all of the following:
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11 | (1) A cremation authorization form signed , in either | ||||||
12 | paper or electronic format, by an authorizing agent. The
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13 | cremation authorization form shall be provided by the | ||||||
14 | crematory authority and
shall contain, at a minimum, the | ||||||
15 | following information:
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16 | (A) The identity of the human remains and the time | ||||||
17 | and date of death.
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18 | (B) The name of the funeral director and funeral | ||||||
19 | establishment, if applicable, that
obtained the | ||||||
20 | cremation authorization.
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21 | (C) Notification as to whether the death occurred | ||||||
22 | from a disease
declared by the Department of Health to | ||||||
23 | be infectious, contagious,
communicable, or dangerous |
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1 | to the public health.
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2 | (D) The name of the authorizing agent and the
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3 | relationship between the authorizing agent and the | ||||||
4 | decedent.
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5 | (E) A representation that the authorizing agent | ||||||
6 | does in fact have the
right to authorize the cremation | ||||||
7 | of the decedent, and that the authorizing
agent is not | ||||||
8 | aware of any living person who has a superior priority | ||||||
9 | right
to that of the authorizing agent, as set forth in | ||||||
10 | Section 15. In the
event there is another living | ||||||
11 | person who has a superior priority
right to that of the | ||||||
12 | authorizing agent, the form shall contain a | ||||||
13 | representation
that the authorizing agent has made all | ||||||
14 | reasonable efforts to contact that
person, has been | ||||||
15 | unable to do so, and has no reason to
believe that the | ||||||
16 | person would object to the cremation of the decedent.
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17 | (F) Authorization for the crematory authority to | ||||||
18 | cremate the human
remains.
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19 | (G) A representation that the human remains do not | ||||||
20 | contain a pacemaker
or any other material or implant | ||||||
21 | that may be potentially hazardous or cause
damage to | ||||||
22 | the cremation chamber or the person performing the | ||||||
23 | cremation.
| ||||||
24 | (H) The name of the person authorized to receive | ||||||
25 | the cremated remains
from the crematory authority.
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26 | (I) The manner in which final disposition of the |
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1 | cremated remains is to
take place, if known. If the | ||||||
2 | cremation authorization form does not specify
final | ||||||
3 | disposition in a grave, crypt, niche, or scattering | ||||||
4 | area, then the form
may indicate that the cremated | ||||||
5 | remains will be held by the crematory authority
for 30 | ||||||
6 | days before they are released, unless they are picked | ||||||
7 | up from the
crematory authority prior to that time, in | ||||||
8 | person, by the authorizing agent. At
the end of the 30 | ||||||
9 | days the crematory authority may return the cremated | ||||||
10 | remains
to the authorizing agent if no final | ||||||
11 | disposition arrangements are
made; or at the end of 60 | ||||||
12 | days the crematory authority may dispose of the
| ||||||
13 | cremated remains in accordance with subsection (d) of | ||||||
14 | Section 40.
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15 | (J) A listing of any items of value to be delivered | ||||||
16 | to the crematory
authority along with the human | ||||||
17 | remains, and instructions as to how the items
should | ||||||
18 | be handled.
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19 | (K) A specific statement as to whether the | ||||||
20 | authorizing agent has made
arrangements for any type | ||||||
21 | of viewing of the decedent before cremation, or for
a | ||||||
22 | service with the decedent present before cremation in | ||||||
23 | connection with the
cremation, and if so, the date and | ||||||
24 | time of the viewing or service and whether
the | ||||||
25 | crematory authority is authorized to proceed with the | ||||||
26 | cremation upon
receipt of the human remains.
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1 | (L) The signature , in either paper or electronic | ||||||
2 | format, of the authorizing agent, attesting to
the | ||||||
3 | accuracy of all representations contained on the | ||||||
4 | cremation authorization
form, except as set forth in | ||||||
5 | paragraph (M) of this subsection.
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6 | (M) If a cremation authorization form is being | ||||||
7 | executed on a pre-need
basis, the cremation | ||||||
8 | authorization form shall contain the disclosure | ||||||
9 | required
by subsection (b) of Section 140.
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10 | (N) The cremation authorization form, other than | ||||||
11 | pre-need cremation
forms, shall also be signed , in | ||||||
12 | either paper or electronic format, by a funeral | ||||||
13 | director or other representative of
the funeral | ||||||
14 | establishment that obtained the cremation | ||||||
15 | authorization. That
individual shall merely execute | ||||||
16 | the cremation authorization form as a witness
and | ||||||
17 | shall not be responsible for any of the | ||||||
18 | representations made by the
authorizing agent, unless | ||||||
19 | the individual has actual knowledge to the contrary.
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20 | The information requested by items (A), (B), (C) and | ||||||
21 | (G) of this subsection,
however, shall be considered | ||||||
22 | to be representations of the authorizing agent.
In | ||||||
23 | addition, the funeral director or funeral | ||||||
24 | establishment shall warrant to the
crematory that the | ||||||
25 | human remains delivered to the crematory authority are | ||||||
26 | the
human remains identified on the cremation |
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1 | authorization form.
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2 | (2) A completed and executed burial transit permit | ||||||
3 | indicating that the
human remains are to be cremated.
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4 | (3) Any other documentation required by this State.
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5 | (b) If an authorizing agent is not available to execute a | ||||||
6 | cremation
authorization form in person, that person may | ||||||
7 | delegate that authority to
another person in writing, or by | ||||||
8 | sending the crematory authority a facsimile
transmission that | ||||||
9 | contains the name, address, and relationship of the sender to
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10 | the decedent and the name and address of the individual to whom | ||||||
11 | authority is
delegated. Upon receipt of the written document, | ||||||
12 | or facsimile
transmission, telegram, or other electronic | ||||||
13 | telecommunications transmission
which specifies the individual | ||||||
14 | to whom authority has been delegated, the
crematory authority | ||||||
15 | shall allow this individual to serve as the authorizing
agent | ||||||
16 | and to execute the cremation authorization form. The crematory
| ||||||
17 | authority shall be entitled to rely upon the cremation | ||||||
18 | authorization form
without liability.
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19 | (c) An authorizing agent who signs , in either paper or | ||||||
20 | electronic format, a cremation authorization form shall be
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21 | deemed to warrant the truthfulness of any facts set forth on | ||||||
22 | the cremation
authorization form, including that person's | ||||||
23 | authority to order the cremation;
except for the information | ||||||
24 | required by items (C) and (G) of paragraph (1) of
subsection | ||||||
25 | (a) of this Section, unless the authorizing agent has actual
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26 | knowledge to the contrary. An authorizing agent signing , in |
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1 | either paper or electronic format, a cremation
authorization | ||||||
2 | form shall be personally and individually liable for all | ||||||
3 | damages
occasioned by and resulting from authorizing the | ||||||
4 | cremation.
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5 | (d) A crematory authority shall have authority to cremate | ||||||
6 | human remains upon
the receipt of a cremation authorization | ||||||
7 | form signed , in either paper or electronic format, by an | ||||||
8 | authorizing agent.
There shall be no liability for a crematory | ||||||
9 | authority that cremates human
remains according to an | ||||||
10 | authorization, or that releases or disposes of the
cremated | ||||||
11 | remains according to an authorization, except for a crematory
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12 | authority's gross negligence, provided that the crematory | ||||||
13 | authority performs
its functions in compliance with this Act.
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14 | (e) After an authorizing agent has executed a cremation | ||||||
15 | authorization form,
the authorizing agent may revoke the | ||||||
16 | authorization and instruct the crematory
authority to cancel | ||||||
17 | the cremation and to release or deliver the human remains
to | ||||||
18 | another crematory authority or funeral establishment. The | ||||||
19 | instructions
shall be provided to the crematory authority in | ||||||
20 | writing. A crematory authority
shall honor any instructions | ||||||
21 | given to it by an authorizing agent under this
Section if it | ||||||
22 | receives the instructions prior to beginning the cremation of | ||||||
23 | the
human remains.
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24 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
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25 | (410 ILCS 18/25)
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1 | (Section scheduled to be repealed on January 1, 2024) | ||||||
2 | Sec. 25. Recordkeeping.
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3 | (a) The crematory authority shall furnish to the person | ||||||
4 | who delivers
human remains to the crematory authority a | ||||||
5 | receipt signed , in either paper or electronic format, at the | ||||||
6 | time of delivery by both the
crematory authority and the | ||||||
7 | person who delivers the human remains, showing
the date and | ||||||
8 | time of the delivery, the type of casket or alternative
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9 | container that was delivered, the name of the person from whom | ||||||
10 | the human
remains were received and the name of the funeral | ||||||
11 | establishment or other
entity with whom the person is | ||||||
12 | affiliated, the name of the person who
received the human | ||||||
13 | remains on behalf of the crematory authority, and the
name of | ||||||
14 | the decedent. The crematory shall retain a copy of this | ||||||
15 | receipt in
its permanent records.
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16 | (b) Upon its release of cremated remains,
the crematory | ||||||
17 | authority shall furnish to the person who receives the
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18 | cremated remains from the crematory authority a receipt | ||||||
19 | signed , in either paper or electronic format, by both the
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20 | crematory authority and the person who receives the cremated | ||||||
21 | remains,
showing the date and time of the release, the name of | ||||||
22 | the person to whom the
cremated remains were released and the | ||||||
23 | name of the funeral establishment,
cemetery, or other entity | ||||||
24 | with whom the person is affiliated, the name of
the person who | ||||||
25 | released the cremated remains on behalf of the crematory
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26 | authority, and the name of the decedent. The crematory shall |
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1 | retain a copy
of this receipt in its permanent records.
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2 | (c) A crematory authority shall maintain at its place of | ||||||
3 | business a
permanent record of each cremation that took place | ||||||
4 | at its facility which shall
contain the name of the decedent, | ||||||
5 | the date of the cremation, and the final
disposition of the | ||||||
6 | cremated remains.
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7 | (d) The crematory authority shall maintain a record of all | ||||||
8 | cremated remains
disposed of by the crematory authority in | ||||||
9 | accordance with subsection (d) of
Section 40.
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10 | (e) Upon completion of the cremation, the crematory | ||||||
11 | authority shall file the
burial transit permit as required by | ||||||
12 | the Illinois Vital Records Act and rules adopted under that | ||||||
13 | Act and the Illinois Counties Code, and transmit a photocopy | ||||||
14 | of the
burial transit permit along with the cremated remains | ||||||
15 | to whoever receives the
cremated remains from the authorizing | ||||||
16 | agent unless the cremated remains are to
be interred, | ||||||
17 | entombed, inurned, or placed in a scattering area, in which | ||||||
18 | case
the crematory authority shall retain a copy of the burial | ||||||
19 | transit permit and
shall send the permit, along with the | ||||||
20 | cremated remains, to the cemetery, which
shall file the permit | ||||||
21 | with the designated agency after the interment,
entombment, | ||||||
22 | inurnment, or scattering has taken place.
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23 | (f) All cemeteries shall maintain a record of all cremated | ||||||
24 | remains that are
disposed of on their property, provided that | ||||||
25 | the cremated remains were
properly transferred to the cemetery | ||||||
26 | and the cemetery issued a receipt
acknowledging the transfer |
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1 | of the cremated remains.
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2 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
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3 | (410 ILCS 18/35)
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4 | (Section scheduled to be repealed on January 1, 2024)
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5 | Sec. 35. Cremation procedures.
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6 | (a) Human remains shall not be cremated within 24
hours | ||||||
7 | after the time of death, as indicated on the Medical
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8 | Examiner's/Coroner's Certificate of Death. In any death, the | ||||||
9 | human remains
shall not be cremated by the crematory authority | ||||||
10 | until a cremation permit has
been received from the coroner or | ||||||
11 | medical examiner of the county in which the
death occurred and | ||||||
12 | the crematory authority has received a cremation
authorization | ||||||
13 | form, executed by an authorizing agent, in accordance with the
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14 | provisions of Section 15 of this Act. In no instance, however, | ||||||
15 | shall the lapse
of time between the death and the cremation be | ||||||
16 | less than 24 hours, unless (i)
it is known the deceased has an | ||||||
17 | infectious or dangerous disease and that the
time requirement | ||||||
18 | is waived in writing by the medical examiner or coroner where
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19 | the death occurred or (ii) because of a religious requirement.
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20 | (b) Except as set forth in subsection (a) of this Section,
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21 | a crematory authority shall have the right to schedule the | ||||||
22 | actual cremation
to be performed at its own convenience, at | ||||||
23 | any time after the human remains
have been delivered to the | ||||||
24 | crematory authority, unless the crematory
authority has | ||||||
25 | received specific instructions to the contrary on the
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1 | cremation authorization form.
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2 | (c) No crematory authority shall cremate human remains | ||||||
3 | when it has actual
knowledge that human remains contain a | ||||||
4 | pacemaker or any other material or
implant that may be | ||||||
5 | potentially hazardous to the person performing the
cremation.
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6 | (d) No crematory authority shall refuse to accept human | ||||||
7 | remains for
cremation because such human remains are not | ||||||
8 | embalmed.
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9 | (e) Whenever a crematory authority is unable or | ||||||
10 | unauthorized to cremate
human remains immediately upon taking | ||||||
11 | custody of the remains, the crematory
authority shall place | ||||||
12 | the human remains in a holding facility in accordance
with the | ||||||
13 | crematory authority's rules and regulations.
The crematory | ||||||
14 | authority must notify the authorizing agent of the reasons for
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15 | delay in
cremation if a properly authorized cremation is not | ||||||
16 | performed within any time
period expressly
contemplated in the | ||||||
17 | authorization.
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18 | (f) A crematory authority shall not accept a casket or
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19 | alternative container from which there is any evidence of the | ||||||
20 | leakage of
body fluids.
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21 | (g) The casket or the alternative container shall be | ||||||
22 | cremated with
the human remains or destroyed, unless the | ||||||
23 | crematory authority has notified the
authorizing agent to the | ||||||
24 | contrary on the cremation authorization form and
obtained the | ||||||
25 | written consent of the authorizing agent.
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26 | (h) The simultaneous cremation of the human remains of |
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1 | more than one person
within the same cremation chamber, | ||||||
2 | without the prior written consent of the
authorizing agent, is | ||||||
3 | prohibited except for common cremation pursuant to Section | ||||||
4 | 11.4 of the Hospital Licensing Act. Nothing in this | ||||||
5 | subsection, however, shall
prevent the simultaneous cremation | ||||||
6 | within the same cremation chamber of body
parts delivered to | ||||||
7 | the crematory authority from multiple sources, or the use of
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8 | cremation equipment that contains more than one cremation | ||||||
9 | chamber.
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10 | (i) No unauthorized person shall be permitted in the | ||||||
11 | holding facility or
cremation room while any human remains are | ||||||
12 | being held there awaiting
cremation, being cremated, or being | ||||||
13 | removed from the cremation chamber.
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14 | (j) A crematory authority shall not remove any dental | ||||||
15 | gold, body parts,
organs, or any item of value prior to or | ||||||
16 | subsequent to a cremation without
previously having received | ||||||
17 | specific written authorization from the
authorizing agent and | ||||||
18 | written instructions for the delivery of these items
to the | ||||||
19 | authorizing agent. Under no circumstances shall a crematory | ||||||
20 | authority
profit from making or assisting in any removal of | ||||||
21 | valuables.
| ||||||
22 | (k) Upon the completion of each cremation, and insofar as | ||||||
23 | is practicable,
all of the recoverable residue of the | ||||||
24 | cremation process shall be removed from
the cremation chamber.
| ||||||
25 | (l) If all of the recovered cremated remains will
not fit | ||||||
26 | within the receptacle that has been selected, the remainder of |
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1 | the
cremated remains shall be returned to the authorizing | ||||||
2 | agent or the agent's
designee in a separate container. The | ||||||
3 | crematory authority shall not return
to an authorizing agent | ||||||
4 | or the agent's designee more or less cremated
remains than | ||||||
5 | were removed from the cremation chamber.
| ||||||
6 | (m) A crematory authority shall not knowingly represent to | ||||||
7 | an
authorizing agent or the agent's designee that a temporary | ||||||
8 | container or
urn contains the cremated remains of a specific | ||||||
9 | decedent when it does not.
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10 | (n) Cremated remains shall be shipped only by a method | ||||||
11 | that has an internal
tracing system available and that | ||||||
12 | provides a receipt signed , in either paper or electronic | ||||||
13 | format, by the person
accepting delivery.
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14 | (o) A crematory authority shall maintain an identification | ||||||
15 | system that shall
ensure that it shall be able to identify the | ||||||
16 | human remains in its possession
throughout all phases of the | ||||||
17 | cremation process.
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18 | (Source: P.A. 96-338, eff. 1-1-10 .)
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19 | (410 ILCS 18/55)
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20 | (Section scheduled to be repealed on January 1, 2024) | ||||||
21 | Sec. 55. Penalties. Violations of this Act shall be | ||||||
22 | punishable as follows:
| ||||||
23 | (1) Performing a cremation without receipt of a | ||||||
24 | cremation
authorization form signed , in either paper or | ||||||
25 | electronic format, by an authorizing agent shall be a |
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| |||||||
1 | Class 4 felony.
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2 | (2) Signing , in either paper or electronic format, a | ||||||
3 | cremation authorization form with the actual
knowledge | ||||||
4 | that the form contains false or incorrect information | ||||||
5 | shall be a
Class 4 felony.
| ||||||
6 | (3) A Violation of any cremation procedure set forth | ||||||
7 | in Section 35
shall be a Class 4 felony.
| ||||||
8 | (4) Holding oneself out to the public as a crematory | ||||||
9 | authority, or the
operation of a building or structure | ||||||
10 | within this State as a crematory, without
being licensed | ||||||
11 | under this Act, shall be a Class A
misdemeanor.
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12 | (4.5) Performance of a cremation service by a person
| ||||||
13 | who has not
completed a training program as defined in | ||||||
14 | Section 22 of this Act
shall be a Class A misdemeanor.
| ||||||
15 | (4.10) Any person who intentionally violates a | ||||||
16 | provision of this Act or a
final order of the Comptroller | ||||||
17 | is liable for a civil penalty not to exceed $5,000
per
| ||||||
18 | violation.
| ||||||
19 | (4.15) Any person who knowingly acts without proper | ||||||
20 | legal authority and
who
willfully and knowingly destroys | ||||||
21 | or damages the remains of a deceased human
being or who | ||||||
22 | desecrates human remains is guilty of a Class 3 felony.
| ||||||
23 | (5) A violation of any other provision of this
Act | ||||||
24 | shall be a Class B misdemeanor.
| ||||||
25 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
|