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20 ILCS 3440/1
(20 ILCS 3440/1) (from Ch. 127, par. 2661)
Sec. 1. Definitions. For the purposes of this Act:
"Department" means the Department of Natural Resources. "Disturb" or "disturbance" includes excavating, removing, exposing, probing, defacing, mutilating, destroying, molesting, or desecrating in any way human remains, unregistered graves, grave artifacts, and grave markers. "Encounter" means to come upon human remains, grave artifacts, grave markers, or unregistered graves at a location where such viewing was not expected or anticipated. "Grave artifacts" means any item of human manufacture or use that is associated with the human remains in an unregistered grave. "Grave markers" means any tomb, monument, stone, ornament, mound, or other item of human manufacture that is associated with an unregistered grave. "Human remains" include the bones and decomposed fleshy
parts of a deceased human body.
"Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, limited-liability company, corporation or a receiver, trustee, guardian or other representatives appointed by order of any court, the Federal and State governments, including State Universities created by statute or any city, town, county or other political subdivision of this State. "Tribal consultation" means a form of communication centered in trust, respect and shared responsibility that upholds Tribal sovereignty. It is a free and open process where the exchange of information and opinions are shared among the participating parties. "Undertaking" means any project, activity, or construction that can result in changes to, disturbance of, moving, or destruction of human remains, grave artifacts, grave markers or unregistered graves. "Unregistered grave" means any grave or location where a human body
has been buried or deposited; is over 100 years old; and is not in a
cemetery registered with or licensed by the State Comptroller under the Cemetery Care Act or under the authority of the Illinois Department of Financial and Professional Regulation pursuant to the Cemetery Oversight Act, whichever is applicable.
(Source: P.A. 103-446, eff. 8-4-23.)
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