(20 ILCS 3440/4) (from Ch. 127, par. 2664)

Sec. 4. Disturbing human remains.

(a) It is unlawful for any person to knowingly or recklessly disturb or to knowingly or recklessly allow the disturbance of human remains, unregistered graves, grave markers, or grave artifacts that originated from any land that is now part of the State of Illinois and protected by this Act unless such disturbance is authorized by a permit issued by the Department. A violation of this Section is a Class 4 felony.

(b) This Section does not apply to:

(1) persons employed by or agents of 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 all 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;

(6) removing or carrying away human remains by the employees, independent contractors, or other persons designated by the federally designated organ procurement agency engaged in the organ and tissue procurement process; or

(7) Department employees in the course of their official duties pursuant to this Act.

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