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| 1 | AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by adding | ||||||
| 5 | Section 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 | ||||||
| 13 | intentionally: | ||||||
| 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
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| 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 | ||||||
| 3 | not 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,
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| 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.
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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