20 ILCS 3440/0.01
Short title
Short title. This Act may be cited as the Human Remains Protection Act. (Source: P.A. 103-446, eff. 8-4-23.)
Illinois Compiled Statutes 20 ILCS 3440 — Human Remains Protection Act.
Illinois · statute · 20 ILCS 3440 · 20 active provisions
20 ILCS 3440/1
Definitions
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. "…
20 ILCS 3440/2
Legislative finding and intentions
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 threat to the safety and sanctity of unregistered and unmarked graves. Numerous incidents in Illinois have resulted in the desecration of human remains and vanda…
20 ILCS 3440/3
Notification to coroner and Department
Notification to coroner and Department. Any person who encounters human remains subject to this Act shall promptly notify the coroner and shall notify the Department within 48 hours of the encounter. Any person who knowingly fails to report such an encounter as required by this section is guilty of a Class C misdemeano…
20 ILCS 3440/3.5
Encounter procedure
Encounter procedure. When an undertaking encounters human remains, unregistered graves, grave markers, or grave artifacts, all activities shall cease within a 100-foot radius of the encounter. The encountering party shall notify the coroner and the Department as required in Section 3. If the coroner determines that the…
20 ILCS 3440/4
Disturbing human remains
Disturbing human remains. (a) It is unlawful for any person to knowingly or recklessly disturb or to knowingly or recklessly allow the disturbance of human remains, unregistered graves, grave markers, or grave artifacts that originated from any land that is now part of the State of Illinois and protected by this Act un…
20 ILCS 3440/4.5
O'Hare Modernization
O'Hare Modernization. Nothing in this Act limits the authority of the City of Chicago to exercise its powers under the O'Hare Modernization Act or requires that City, or any person acting on behalf of that City, to obtain a permit under this Act when acquiring property or otherwise exercising its powers under the O'Har…
20 ILCS 3440/4.75
South Suburban Airport
South Suburban Airport. The Illinois Department of Transportation, and any person acting on its behalf under a public-private agreement entered into in accordance with the Public-Private Agreements for the South Suburban Airport Act, is exempt from the permit requirements of this Act, provided that the Illinois Departm…
20 ILCS 3440/6
Violations
Violations. (a) It is unlawful for any person to knowingly or recklessly: (1) charge admission or a fee to observe; (2) sell; (3) purchase; or (4) transport for sale or to a location that will charge admission or a fee to observe any human remains, grave artifacts, or grave markers that are Native American in origin or…
20 ILCS 3440/8
Duties of the State's Attorney and Attorney General
Duties of the State's Attorney and Attorney General. The State's Attorney of the county in which a violation of this Act or administrative rules is alleged to have occurred, or the Attorney General, may be requested by the Department to initiate criminal prosecutions and seek restitution, civil damages, injunctive reli…
20 ILCS 3440/9
Rewards for information leading to arrest of violators of the Act
Rewards for information leading to arrest of violators of the Act. The Department is authorized to offer a reward of up to $5,000 for information leading to the arrest and conviction of persons who violate this Act. (Source: P.A. 103-446, eff. 8-4-23.)
20 ILCS 3440/10
Penalties
Penalties. Any violation of Sections 4, 6 or 7 of this Act, unless otherwise specified, is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. Any violation of administrative rules adopted under this Act is a Class B misdemeanor. Each disturbance of human remains, unre…
20 ILCS 3440/12
Restitution
Restitution. Persons convicted of a violation of Section 3, 3.5, 4, or 6 of this Act shall also be liable for restitution to be assessed by the circuit court. Restitution may include, but is not limited to: (a) (blank); (b) any and all costs incurred in cleaning, restoring, repairing, analyzing, accessioning and curati…
20 ILCS 3440/13
Notification
Notification. (a) If an undertaking will occur on property that the property owner has been notified in writing by the Department that the land is likely to contain human remains, unregistered graves, grave markers, or grave artifacts, a permit shall be obtained by the landowner from the Department. (b) If human remain…
20 ILCS 3440/14
Native American human remains
Native American human remains. All Native American human remains, unregistered graves, grave markers, and grave artifacts are the property of the Native American nations geographically and culturally affiliated with Illinois. The Department shall maintain and care for Native American property until tribal consultation…
20 ILCS 3440/15
Rules
Rules. The Department of Natural Resources shall adopt such administrative rules as may be necessary to carry out the purposes of this Act in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 103-446, eff. 8-4-23.)
20 ILCS 3440/16
Exemptions
Exemptions. Activities reviewed by the Department pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and activities permitted pursuant to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87), or the rules and regulations promulgated thereunder or any law, rule or r…
20 ILCS 3440/16.1
Burial sites on Department owned lands
Burial sites on Department owned lands. The Department may create burial sites on Department owned lands for the reburial of repatriated Native American human remains, unregistered graves, grave markers, or grave artifacts after tribal consultation with the federally recognized tribes with geographical and cultural aff…
20 ILCS 3440/16.2
Repatriation and Reinterment Fund
Repatriation and Reinterment Fund. The Repatriation and Reinterment Fund is created in the State treasury. All restitution collected from the prosecution of any violation of this Act shall be deposited in the fund and each deposit shall only be used to cover the restitution that was so ordered in an individual case pur…
20 ILCS 3440/16.3
Forfeiture
Forfeiture. (a) Every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any human remains, grave artifacts, or grave markers, contrary t…