Full Text of SB3092 102nd General Assembly
SB3092 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3092 Introduced 1/11/2022, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 410 ILCS 18/10 | | 410 ILCS 18/20 | | 410 ILCS 18/25 | | 410 ILCS 18/35 | | 410 ILCS 18/55 | |
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Amends the Crematory Regulation Act. Provides that various signatures may be in either paper or electronic format.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Crematory Regulation Act is amended by | 5 | | changing Sections 10, 20, 25, 35, and 55 as follows:
| 6 | | (410 ILCS 18/10)
| 7 | | (Section scheduled to be repealed on January 1, 2024) | 8 | | Sec. 10. Establishment of crematory and licensing of
| 9 | | crematory authority. | 10 | | (a) Any person doing business in this State, or any | 11 | | cemetery,
funeral establishment, corporation, partnership, | 12 | | joint venture, voluntary
organization or any other entity, may | 13 | | erect, maintain, and operate a
crematory in this State and | 14 | | provide the necessary appliances and
facilities for the | 15 | | cremation of human remains in accordance with this Act.
| 16 | | (b) A crematory shall be subject to all local, State, and | 17 | | federal health and
environmental protection requirements and | 18 | | shall obtain all necessary licenses
and permits from the | 19 | | Department of Financial and Professional Regulation, the | 20 | | Department of Public Health, the federal Department of Health | 21 | | and Human
Services, and the Illinois and federal Environmental | 22 | | Protection Agencies, or
such other appropriate local, State, | 23 | | or federal agencies.
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| 1 | | (c) A crematory may be constructed on or adjacent to any | 2 | | cemetery, on or
adjacent to any funeral establishment, or at | 3 | | any other location consistent with
local zoning regulations.
| 4 | | (d) An application for licensure as a crematory
authority | 5 | | shall be in
writing on forms furnished by the Comptroller. | 6 | | Applications shall be
accompanied by a fee of $50 and shall | 7 | | contain all of the following:
| 8 | | (1) The full name and address, both residence and | 9 | | business, of the
applicant if the applicant is an | 10 | | individual; the full name and address of
every member if | 11 | | the applicant is a partnership; the full name and address | 12 | | of
every member of the board of directors if the applicant | 13 | | is an association; and
the name and address of every | 14 | | officer, director, and shareholder holding more
than 25% | 15 | | of the corporate stock if the applicant is a corporation.
| 16 | | (2) The address and location of the crematory.
| 17 | | (3) A description of the type of structure and | 18 | | equipment to be used in
the operation of the crematory, | 19 | | including the operating permit number issued
to the | 20 | | cremation device by the Illinois Environmental Protection | 21 | | Agency.
| 22 | | (4) Any further information that the Comptroller | 23 | | reasonably may require.
| 24 | | (e) Each crematory authority shall file an annual report | 25 | | with the Comptroller, accompanied with a $25 fee, providing
| 26 | | (i) an affidavit signed , in either paper or electronic format, |
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| 1 | | by the owner of the crematory authority that at the
time
of the | 2 | | report the cremation device was in proper operating condition,
| 3 | | (ii) the total number of all cremations performed at the | 4 | | crematory
during the past
year, (iii) attestation by the | 5 | | licensee that all applicable permits and
certifications are
| 6 | | valid, (iv) either (A)
any changes required in the
information | 7 | | provided under subsection (d) or (B) an indication that no | 8 | | changes have
occurred, and (v) any other information that the | 9 | | Comptroller may require. The annual report shall be filed by a | 10 | | crematory authority on or
before March 15 of each calendar | 11 | | year. If the fiscal year of a crematory authority is other than | 12 | | on a calendar year basis, then the crematory authority shall | 13 | | file the report required by this Section within 75 days after | 14 | | the end of its fiscal year. If a crematory authority fails to
| 15 | | submit an annual report to the Comptroller within the time | 16 | | specified in
this Section, the Comptroller shall impose upon | 17 | | the crematory authority a
penalty of $5 for each and every day | 18 | | the crematory authority remains
delinquent in submitting the | 19 | | annual report. The Comptroller may abate all or
part of the $5 | 20 | | daily penalty for good cause shown.
| 21 | | (f) All records required to be maintained under this Act, | 22 | | including but
not limited to those relating to the license and | 23 | | annual
report of the
crematory authority required to be filed | 24 | | under this Section, shall be
subject to inspection by the | 25 | | Comptroller upon reasonable notice.
| 26 | | (g) The Comptroller may inspect crematory records at the |
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| 1 | | crematory
authority's place of business to review
the
| 2 | | licensee's compliance with this Act. The inspection must | 3 | | include
verification that:
| 4 | | (1) the crematory authority has complied with | 5 | | record-keeping requirements
of this
Act;
| 6 | | (2) a crematory device operator's certification of | 7 | | training is
conspicuously
displayed at
the crematory;
| 8 | | (3) the cremation device has a current operating | 9 | | permit issued by the
Illinois
Environmental Protection | 10 | | Agency and the permit is conspicuously displayed
in the | 11 | | crematory;
| 12 | | (4) the crematory authority is in compliance with | 13 | | local zoning
requirements;
| 14 | | (5) the crematory authority license issued by the | 15 | | Comptroller is
conspicuously
displayed
at
the crematory; | 16 | | and
| 17 | | (6) other details as determined by rule. | 18 | | (h) The Comptroller shall issue licenses under this Act to | 19 | | the crematories
that are
registered
with
the Comptroller as of | 20 | | on March 1, 2012 without requiring the previously registered
| 21 | | crematories
to complete license applications.
| 22 | | (Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; | 23 | | 98-463, eff. 8-16-13 .)
| 24 | | (410 ILCS 18/20)
| 25 | | (Section scheduled to be repealed on January 1, 2024) |
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| 1 | | Sec. 20. Authorization to cremate.
| 2 | | (a) A crematory authority shall not cremate human remains | 3 | | until it
has received all of the following:
| 4 | | (1) A cremation authorization form signed , in either | 5 | | paper or electronic format, by an authorizing agent. The
| 6 | | cremation authorization form shall be provided by the | 7 | | crematory authority and
shall contain, at a minimum, the | 8 | | following information:
| 9 | | (A) The identity of the human remains and the time | 10 | | and date of death.
| 11 | | (B) The name of the funeral director and funeral | 12 | | establishment, if applicable, that
obtained the | 13 | | cremation authorization.
| 14 | | (C) Notification as to whether the death occurred | 15 | | from a disease
declared by the Department of Health to | 16 | | be infectious, contagious,
communicable, or dangerous | 17 | | to the public health.
| 18 | | (D) The name of the authorizing agent and the
| 19 | | relationship between the authorizing agent and the | 20 | | decedent.
| 21 | | (E) A representation that the authorizing agent | 22 | | does in fact have the
right to authorize the cremation | 23 | | of the decedent, and that the authorizing
agent is not | 24 | | aware of any living person who has a superior priority | 25 | | right
to that of the authorizing agent, as set forth in | 26 | | Section 15. In the
event there is another living |
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| 1 | | person who has a superior priority
right to that of the | 2 | | authorizing agent, the form shall contain a | 3 | | representation
that the authorizing agent has made all | 4 | | reasonable efforts to contact that
person, has been | 5 | | unable to do so, and has no reason to
believe that the | 6 | | person would object to the cremation of the decedent.
| 7 | | (F) Authorization for the crematory authority to | 8 | | cremate the human
remains.
| 9 | | (G) A representation that the human remains do not | 10 | | contain a pacemaker
or any other material or implant | 11 | | that may be potentially hazardous or cause
damage to | 12 | | the cremation chamber or the person performing the | 13 | | cremation.
| 14 | | (H) The name of the person authorized to receive | 15 | | the cremated remains
from the crematory authority.
| 16 | | (I) The manner in which final disposition of the | 17 | | cremated remains is to
take place, if known. If the | 18 | | cremation authorization form does not specify
final | 19 | | disposition in a grave, crypt, niche, or scattering | 20 | | area, then the form
may indicate that the cremated | 21 | | remains will be held by the crematory authority
for 30 | 22 | | days before they are released, unless they are picked | 23 | | up from the
crematory authority prior to that time, in | 24 | | person, by the authorizing agent. At
the end of the 30 | 25 | | days the crematory authority may return the cremated | 26 | | remains
to the authorizing agent if no final |
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| 1 | | disposition arrangements are
made; or at the end of 60 | 2 | | days the crematory authority may dispose of the
| 3 | | cremated remains in accordance with subsection (d) of | 4 | | Section 40.
| 5 | | (J) A listing of any items of value to be delivered | 6 | | to the crematory
authority along with the human | 7 | | remains, and instructions as to how the items
should | 8 | | be handled.
| 9 | | (K) A specific statement as to whether the | 10 | | authorizing agent has made
arrangements for any type | 11 | | of viewing of the decedent before cremation, or for
a | 12 | | service with the decedent present before cremation in | 13 | | connection with the
cremation, and if so, the date and | 14 | | time of the viewing or service and whether
the | 15 | | crematory authority is authorized to proceed with the | 16 | | cremation upon
receipt of the human remains.
| 17 | | (L) The signature , in either paper or electronic | 18 | | format, of the authorizing agent, attesting to
the | 19 | | accuracy of all representations contained on the | 20 | | cremation authorization
form, except as set forth in | 21 | | paragraph (M) of this subsection.
| 22 | | (M) If a cremation authorization form is being | 23 | | executed on a pre-need
basis, the cremation | 24 | | authorization form shall contain the disclosure | 25 | | required
by subsection (b) of Section 140.
| 26 | | (N) The cremation authorization form, other than |
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| 1 | | pre-need cremation
forms, shall also be signed , in | 2 | | either paper or electronic format, by a funeral | 3 | | director or other representative of
the funeral | 4 | | establishment that obtained the cremation | 5 | | authorization. That
individual shall merely execute | 6 | | the cremation authorization form as a witness
and | 7 | | shall not be responsible for any of the | 8 | | representations made by the
authorizing agent, unless | 9 | | the individual has actual knowledge to the contrary.
| 10 | | The information requested by items (A), (B), (C) and | 11 | | (G) of this subsection,
however, shall be considered | 12 | | to be representations of the authorizing agent.
In | 13 | | addition, the funeral director or funeral | 14 | | establishment shall warrant to the
crematory that the | 15 | | human remains delivered to the crematory authority are | 16 | | the
human remains identified on the cremation | 17 | | authorization form.
| 18 | | (2) A completed and executed burial transit permit | 19 | | indicating that the
human remains are to be cremated.
| 20 | | (3) Any other documentation required by this State.
| 21 | | (b) If an authorizing agent is not available to execute a | 22 | | cremation
authorization form in person, that person may | 23 | | delegate that authority to
another person in writing, or by | 24 | | sending the crematory authority a facsimile
transmission that | 25 | | contains the name, address, and relationship of the sender to
| 26 | | the decedent and the name and address of the individual to whom |
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| 1 | | authority is
delegated. Upon receipt of the written document, | 2 | | or facsimile
transmission, telegram, or other electronic | 3 | | telecommunications transmission
which specifies the individual | 4 | | to whom authority has been delegated, the
crematory authority | 5 | | shall allow this individual to serve as the authorizing
agent | 6 | | and to execute the cremation authorization form. The crematory
| 7 | | authority shall be entitled to rely upon the cremation | 8 | | authorization form
without liability.
| 9 | | (c) An authorizing agent who signs , in either paper or | 10 | | electronic format, a cremation authorization form shall be
| 11 | | deemed to warrant the truthfulness of any facts set forth on | 12 | | the cremation
authorization form, including that person's | 13 | | authority to order the cremation;
except for the information | 14 | | required by items (C) and (G) of paragraph (1) of
subsection | 15 | | (a) of this Section, unless the authorizing agent has actual
| 16 | | knowledge to the contrary. An authorizing agent signing , in | 17 | | either paper or electronic format, a cremation
authorization | 18 | | form shall be personally and individually liable for all | 19 | | damages
occasioned by and resulting from authorizing the | 20 | | cremation.
| 21 | | (d) A crematory authority shall have authority to cremate | 22 | | human remains upon
the receipt of a cremation authorization | 23 | | form signed , in either paper or electronic format, by an | 24 | | authorizing agent.
There shall be no liability for a crematory | 25 | | authority that cremates human
remains according to an | 26 | | authorization, or that releases or disposes of the
cremated |
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| 1 | | remains according to an authorization, except for a crematory
| 2 | | authority's gross negligence, provided that the crematory | 3 | | authority performs
its functions in compliance with this Act.
| 4 | | (e) After an authorizing agent has executed a cremation | 5 | | authorization form,
the authorizing agent may revoke the | 6 | | authorization and instruct the crematory
authority to cancel | 7 | | the cremation and to release or deliver the human remains
to | 8 | | another crematory authority or funeral establishment. The | 9 | | instructions
shall be provided to the crematory authority in | 10 | | writing. A crematory authority
shall honor any instructions | 11 | | given to it by an authorizing agent under this
Section if it | 12 | | receives the instructions prior to beginning the cremation of | 13 | | the
human remains.
| 14 | | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
| 15 | | (410 ILCS 18/25)
| 16 | | (Section scheduled to be repealed on January 1, 2024) | 17 | | Sec. 25. Recordkeeping.
| 18 | | (a) The crematory authority shall furnish to the person | 19 | | who delivers
human remains to the crematory authority a | 20 | | receipt signed , in either paper or electronic format, at the | 21 | | time of delivery by both the
crematory authority and the | 22 | | person who delivers the human remains, showing
the date and | 23 | | time of the delivery, the type of casket or alternative
| 24 | | container that was delivered, the name of the person from whom | 25 | | the human
remains were received and the name of the funeral |
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| 1 | | establishment or other
entity with whom the person is | 2 | | affiliated, the name of the person who
received the human | 3 | | remains on behalf of the crematory authority, and the
name of | 4 | | the decedent. The crematory shall retain a copy of this | 5 | | receipt in
its permanent records.
| 6 | | (b) Upon its release of cremated remains,
the crematory | 7 | | authority shall furnish to the person who receives the
| 8 | | cremated remains from the crematory authority a receipt | 9 | | signed , in either paper or electronic format, by both the
| 10 | | crematory authority and the person who receives the cremated | 11 | | remains,
showing the date and time of the release, the name of | 12 | | the person to whom the
cremated remains were released and the | 13 | | name of the funeral establishment,
cemetery, or other entity | 14 | | with whom the person is affiliated, the name of
the person who | 15 | | released the cremated remains on behalf of the crematory
| 16 | | authority, and the name of the decedent. The crematory shall | 17 | | retain a copy
of this receipt in its permanent records.
| 18 | | (c) A crematory authority shall maintain at its place of | 19 | | business a
permanent record of each cremation that took place | 20 | | at its facility which shall
contain the name of the decedent, | 21 | | the date of the cremation, and the final
disposition of the | 22 | | cremated remains.
| 23 | | (d) The crematory authority shall maintain a record of all | 24 | | cremated remains
disposed of by the crematory authority in | 25 | | accordance with subsection (d) of
Section 40.
| 26 | | (e) Upon completion of the cremation, the crematory |
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| 1 | | authority shall file the
burial transit permit as required by | 2 | | the Illinois Vital Records Act and rules adopted under that | 3 | | Act and the Illinois Counties Code, and transmit a photocopy | 4 | | of the
burial transit permit along with the cremated remains | 5 | | to whoever receives the
cremated remains from the authorizing | 6 | | agent unless the cremated remains are to
be interred, | 7 | | entombed, inurned, or placed in a scattering area, in which | 8 | | case
the crematory authority shall retain a copy of the burial | 9 | | transit permit and
shall send the permit, along with the | 10 | | cremated remains, to the cemetery, which
shall file the permit | 11 | | with the designated agency after the interment,
entombment, | 12 | | inurnment, or scattering has taken place.
| 13 | | (f) All cemeteries shall maintain a record of all cremated | 14 | | remains that are
disposed of on their property, provided that | 15 | | the cremated remains were
properly transferred to the cemetery | 16 | | and the cemetery issued a receipt
acknowledging the transfer | 17 | | of the cremated remains.
| 18 | | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
| 19 | | (410 ILCS 18/35)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 35. Cremation procedures.
| 22 | | (a) Human remains shall not be cremated within 24
hours | 23 | | after the time of death, as indicated on the Medical
| 24 | | Examiner's/Coroner's Certificate of Death. In any death, the | 25 | | human remains
shall not be cremated by the crematory authority |
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| 1 | | until a cremation permit has
been received from the coroner or | 2 | | medical examiner of the county in which the
death occurred and | 3 | | the crematory authority has received a cremation
authorization | 4 | | form, executed by an authorizing agent, in accordance with the
| 5 | | provisions of Section 15 of this Act. In no instance, however, | 6 | | shall the lapse
of time between the death and the cremation be | 7 | | less than 24 hours, unless (i)
it is known the deceased has an | 8 | | infectious or dangerous disease and that the
time requirement | 9 | | is waived in writing by the medical examiner or coroner where
| 10 | | the death occurred or (ii) because of a religious requirement.
| 11 | | (b) Except as set forth in subsection (a) of this Section,
| 12 | | a crematory authority shall have the right to schedule the | 13 | | actual cremation
to be performed at its own convenience, at | 14 | | any time after the human remains
have been delivered to the | 15 | | crematory authority, unless the crematory
authority has | 16 | | received specific instructions to the contrary on the
| 17 | | cremation authorization form.
| 18 | | (c) No crematory authority shall cremate human remains | 19 | | when it has actual
knowledge that human remains contain a | 20 | | pacemaker or any other material or
implant that may be | 21 | | potentially hazardous to the person performing the
cremation.
| 22 | | (d) No crematory authority shall refuse to accept human | 23 | | remains for
cremation because such human remains are not | 24 | | embalmed.
| 25 | | (e) Whenever a crematory authority is unable or | 26 | | unauthorized to cremate
human remains immediately upon taking |
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| 1 | | custody of the remains, the crematory
authority shall place | 2 | | the human remains in a holding facility in accordance
with the | 3 | | crematory authority's rules and regulations.
The crematory | 4 | | authority must notify the authorizing agent of the reasons for
| 5 | | delay in
cremation if a properly authorized cremation is not | 6 | | performed within any time
period expressly
contemplated in the | 7 | | authorization.
| 8 | | (f) A crematory authority shall not accept a casket or
| 9 | | alternative container from which there is any evidence of the | 10 | | leakage of
body fluids.
| 11 | | (g) The casket or the alternative container shall be | 12 | | cremated with
the human remains or destroyed, unless the | 13 | | crematory authority has notified the
authorizing agent to the | 14 | | contrary on the cremation authorization form and
obtained the | 15 | | written consent of the authorizing agent.
| 16 | | (h) The simultaneous cremation of the human remains of | 17 | | more than one person
within the same cremation chamber, | 18 | | without the prior written consent of the
authorizing agent, is | 19 | | prohibited except for common cremation pursuant to Section | 20 | | 11.4 of the Hospital Licensing Act. Nothing in this | 21 | | subsection, however, shall
prevent the simultaneous cremation | 22 | | within the same cremation chamber of body
parts delivered to | 23 | | the crematory authority from multiple sources, or the use of
| 24 | | cremation equipment that contains more than one cremation | 25 | | chamber.
| 26 | | (i) No unauthorized person shall be permitted in the |
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| 1 | | holding facility or
cremation room while any human remains are | 2 | | being held there awaiting
cremation, being cremated, or being | 3 | | removed from the cremation chamber.
| 4 | | (j) A crematory authority shall not remove any dental | 5 | | gold, body parts,
organs, or any item of value prior to or | 6 | | subsequent to a cremation without
previously having received | 7 | | specific written authorization from the
authorizing agent and | 8 | | written instructions for the delivery of these items
to the | 9 | | authorizing agent. Under no circumstances shall a crematory | 10 | | authority
profit from making or assisting in any removal of | 11 | | valuables.
| 12 | | (k) Upon the completion of each cremation, and insofar as | 13 | | is practicable,
all of the recoverable residue of the | 14 | | cremation process shall be removed from
the cremation chamber.
| 15 | | (l) If all of the recovered cremated remains will
not fit | 16 | | within the receptacle that has been selected, the remainder of | 17 | | the
cremated remains shall be returned to the authorizing | 18 | | agent or the agent's
designee in a separate container. The | 19 | | crematory authority shall not return
to an authorizing agent | 20 | | or the agent's designee more or less cremated
remains than | 21 | | were removed from the cremation chamber.
| 22 | | (m) A crematory authority shall not knowingly represent to | 23 | | an
authorizing agent or the agent's designee that a temporary | 24 | | container or
urn contains the cremated remains of a specific | 25 | | decedent when it does not.
| 26 | | (n) Cremated remains shall be shipped only by a method |
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| 1 | | that has an internal
tracing system available and that | 2 | | provides a receipt signed , in either paper or electronic | 3 | | format, by the person
accepting delivery.
| 4 | | (o) A crematory authority shall maintain an identification | 5 | | system that shall
ensure that it shall be able to identify the | 6 | | human remains in its possession
throughout all phases of the | 7 | | cremation process.
| 8 | | (Source: P.A. 96-338, eff. 1-1-10 .)
| 9 | | (410 ILCS 18/55)
| 10 | | (Section scheduled to be repealed on January 1, 2024) | 11 | | Sec. 55. Penalties. Violations of this Act shall be | 12 | | punishable as follows:
| 13 | | (1) Performing a cremation without receipt of a | 14 | | cremation
authorization form signed , in either paper or | 15 | | electronic format, by an authorizing agent shall be a | 16 | | Class 4 felony.
| 17 | | (2) Signing , in either paper or electronic format, a | 18 | | cremation authorization form with the actual
knowledge | 19 | | that the form contains false or incorrect information | 20 | | shall be a
Class 4 felony.
| 21 | | (3) A Violation of any cremation procedure set forth | 22 | | in Section 35
shall be a Class 4 felony.
| 23 | | (4) Holding oneself out to the public as a crematory | 24 | | authority, or the
operation of a building or structure | 25 | | within this State as a crematory, without
being licensed |
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| 1 | | under this Act, shall be a Class A
misdemeanor.
| 2 | | (4.5) Performance of a cremation service by a person
| 3 | | who has not
completed a training program as defined in | 4 | | Section 22 of this Act
shall be a Class A misdemeanor.
| 5 | | (4.10) Any person who intentionally violates a | 6 | | provision of this Act or a
final order of the Comptroller | 7 | | is liable for a civil penalty not to exceed $5,000
per
| 8 | | violation.
| 9 | | (4.15) Any person who knowingly acts without proper | 10 | | legal authority and
who
willfully and knowingly destroys | 11 | | or damages the remains of a deceased human
being or who | 12 | | desecrates human remains is guilty of a Class 3 felony.
| 13 | | (5) A violation of any other provision of this
Act | 14 | | shall be a Class B misdemeanor.
| 15 | | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
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