Illinois General Assembly - Full Text of Public Act 097-1072

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Public Act 097-1072

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Public Act 1072 97TH GENERAL ASSEMBLY

Public Act 097-1072

HB5122 Enrolled LRB097 18007 RLC 63230 b

    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
    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
    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.

Effective Date: 8/24/2012

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