Illinois General Assembly - Full Text of HB5122
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Full Text of HB5122  97th General Assembly




HB5122 EnrolledLRB097 18007 RLC 63230 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by adding
5Section 12-20.6 as follows:
6    (720 ILCS 5/12-20.6 new)
7    Sec. 12-20.6. Abuse of a corpse.
8    (a) In this Section:
9        "Corpse" means the dead body of a human being.
10        "Sexual conduct" has the meaning ascribed to the term
11    in Section 11-0.1 of this Code.
12    (b) A person commits abuse of a corpse if he or she
14        (1) engages in sexual conduct with a corpse or
15    involving a corpse; or
16        (2) removes or carries away a corpse and is not
17    authorized by law to do so.
18    (c) Sentence.
19        (1) A person convicted of violating paragraph (1) of
20    subsection (b) of this Section is guilty of a Class 2
21    felony.
22        (2) A person convicted of violating paragraph (2) of
23    subsection (b) of this Section is guilty of a Class 4



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1    felony.
2    (d) Paragraph (2) of subsection (b) of this Section does
3not apply to:
4        (1) persons employed by a county medical examiner's
5    office or coroner's office acting within the scope of their
6    employment;
7        (2) the acts of a licensed funeral director or embalmer
8    while performing acts authorized by the Funeral Directors
9    and Embalmers Licensing Code;
10        (3) cemeteries and cemetery personnel while performing
11    acts pursuant to a bona fide request from the involved
12    cemetery consumer or his or her heirs, or pursuant to an
13    interment or disinterment permit or a court order, or as
14    authorized under Section 14.5 of the Cemetery Protection
15    Act, or any other actions legally authorized for cemetery
16    employees;
17        (4) the acts of emergency medical personnel or
18    physicians performed in good faith and according to the
19    usual and customary standards of medical practice in an
20    attempt to resuscitate a life;
21        (5) physicians licensed to practice medicine in a11 of
22    its branches or holding a visiting professor, physician, or
23    resident permit under the Medical Practice Act of 1987,
24    performing acts in accordance with usual and customary
25    standards of medical practice, or a currently enrolled
26    student in an accredited medical school in furtherance of



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1    his or her education at the accredited medical school; or
2            (6) removing or carrying away a corpse by the
3    employees, independent contractors, or other persons
4    designated by the federally designated organ procurement
5    agency engaged in the organ and tissue procurement process.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.