093_HB2653eng

 
HB2653 Engrossed                     LRB093 04121 RLC 08310 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Criminal Code of 1961 is amended by adding
 5    Section 12-20.5 as follows:

 6        (720 ILCS 5/12-20.5 new)
 7        Sec. 12-20.5.  Dismembering a human body.
 8        (a)  A person commits the offense of dismembering a human
 9    body when he or she knowingly dismembers, severs,  separates,
10    dissects, or mutilates any body part of a deceased's body.
11        (b)  This Section does not apply to:
12             (1)  an  anatomical gift made in accordance with the
13        Uniform Anatomical Gift Act;
14             (2)  the removal  and  use  of  a  human  cornea  in
15        accordance with the Illinois Corneal Transplant Act;
16             (3)  the  purchase  or  sale  of drugs, reagents, or
17        other substances made from human body parts, for the  use
18        in   medical   or   scientific  research,  treatment,  or
19        diagnosis;
20             (4)  persons   employed   by    a   county   medical
21        examiner's office or coroner's office acting  within  the
22        scope of their employment while performing an autopsy;
23             (5)  the  acts  of  a  licensed  funeral director or
24        embalmer while performing acts  authorized by the Funeral
25        Directors and Embalmers Licensing Code;
26             (6)  the acts  of  emergency  medical  personnel  or
27        physicians  performed  in good faith and according to the
28        usual and customary standards of medical practice  in  an
29        attempt to resuscitate a life; or
30             (7)  physicians licensed to practice medicine in all
31        of   its   branches  or  holding  a  visiting  professor,
 
HB2653 Engrossed            -2-      LRB093 04121 RLC 08310 b
 1        physician, or resident permit under the Medical  Practice
 2        Act of 1987, performing acts in accordance with usual and
 3        customary  standards  of medical practice, or a currently
 4        enrolled student  in  an  accredited  medical  school  in
 5        furtherance  of  his  or  her education at the accredited
 6        medical school.
 7        (c)  It is not a defense to a violation of  this  Section
 8    that  the  decedent  died  due  to  natural,  accidental,  or
 9    suicidal causes.
10        (d)  Sentence.   Dismembering  a  human body is a Class X
11    felony.

12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.