Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
Sec. 5.
Any violation of Section 3 not involving the disturbance of
human skeletal remains is a Class A misdemeanor and the violator
shall be subject to imprisonment and a fine not in excess of $5,000; any
subsequent violation is a Class 4 felony. Any violation of Section 3
involving disturbance of human skeletal remains is a Class 4 felony. Each
disturbance of an archaeological site or a paleontological site shall
constitute a single offense. Persons convicted of a violation of Section 3
shall also be liable for civil damages to be assessed by the land managing
agency and the Department of Natural Resources. Civil damages may include:
(a) forfeiture of any and all equipment used in |
| acquiring the protected material;
|
|
(b) any and all costs incurred in cleaning,
|
| restoring, analyzing, accessioning and curating the recovered materials;
|
|
(c) any and all costs associated with restoring the
|
| land to its original contour;
|
|
(d) any and all costs associated with recovery of
|
| data and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the archaeological or paleontological site;
|
|
(e) any and all costs associated with the
|
| determination and collection of the civil damages.
|
|
When civil damages are recovered through the Attorney General, the
proceeds shall be deposited into the Historic Sites Fund; when civil
damages are recovered through the State's Attorney, the proceeds shall be
deposited into the county fund designated by the county board.
(Source: P.A. 100-695, eff. 8-3-18.)
|
