Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 3440/2

(20 ILCS 3440/2) (from Ch. 127, par. 2662)

Sec. 2. Legislative finding and intentions.

The General Assembly
finds that existing laws do not provide equal or adequate protection for all
human graves.  There is a real and growing threat to the safety and
sanctity of unregistered and unmarked graves.  Numerous incidents in
Illinois have resulted in the desecration of human remains and vandalism to
grave markers.  Similar incidents have occurred in neighboring states and
as a result those states have increased their criminal penalties for such
conduct.  There is a strong likelihood that persons engaged for personal or
financial gain in the mining of prehistoric and historic Indian, pioneer,
and Civil War veteran's graves will move their operations to Illinois to
avoid the increased penalties being imposed in neighboring states.  There
is an immediate need for legislation to protect the graves of these earlier
Illinoisans from such desecration.  The General Assembly intends to assure
with this Act that all human burials be accorded equal treatment and
respect for human dignity without reference to ethnic origins, cultural
backgrounds or religious affiliations.

The General Assembly also finds that those persons engaged in the
scientific study or collecting of artifacts which
have not been acquired in violation of law are engaged in legitimate and
worthy scientific, educational and recreational activities.  This Act is
not intended to interfere with the continued legitimate collecting
activities or studies of such persons; nor is it intended to interfere with
the normal enjoyment of private property owners, farmers, or those engaged
in the development, mining or improvement of real property.

(Source: P.A. 95-331, eff. 8-21-07.)