Illinois 2023-2024 Regular Session

Illinois House Bill HB4934 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Public Act 103-0841
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3	2		HB4934 Enrolled LRB103 35553 RLC 65625 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Cemetery Protection Act is amended by
8		-	changing Sections .01 and 1 and by adding Section 17 as
9		-	follows:
10		-	(765 ILCS 835/.01) (from Ch. 21, par. 14.01)
11		-	Sec. .01. For the purposes of this Act, the term:
12		-	"Cemetery authority" means an individual or legal entity
13		-	that owns or controls cemetery lands or property.
14		-	"Community mausoleum" means a mausoleum owned and operated
15		-	by a cemetery authority that contains multiple entombment
16		-	rights sold to the public.
17		-	"Not-for-profit corporation" means a corporation as
18		-	defined in the General Not For Profit Corporation Act of 1986.
19		-	"Veteran" means a person who has served as a member of the
20		-	armed forces of the United States, the Illinois National
21		-	Guard, or a reserve component of the armed forces of the United
22		-	States and has been buried in a grave that is more than 100
23		-	years old.
24		-	"Veterans' organization" means an organization comprised
25		-	of members of which substantially all are individuals who are
26		-	veterans or spouses, widows, or widowers of veterans, the
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Cemetery Protection Act is amended by
	7	+	5 changing Sections .01 and 1 and by adding Section 17 as
	8	+	6 follows:
	9	+	7 (765 ILCS 835/.01) (from Ch. 21, par. 14.01)
	10	+	8 Sec. .01. For the purposes of this Act, the term:
	11	+	9 "Cemetery authority" means an individual or legal entity
	12	+	10 that owns or controls cemetery lands or property.
	13	+	11 "Community mausoleum" means a mausoleum owned and operated
	14	+	12 by a cemetery authority that contains multiple entombment
	15	+	13 rights sold to the public.
	16	+	14 "Not-for-profit corporation" means a corporation as
	17	+	15 defined in the General Not For Profit Corporation Act of 1986.
	18	+	16 "Veteran" means a person who has served as a member of the
	19	+	17 armed forces of the United States, the Illinois National
	20	+	18 Guard, or a reserve component of the armed forces of the United
	21	+	19 States and has been buried in a grave that is more than 100
	22	+	20 years old.
	23	+	21 "Veterans' organization" means an organization comprised
	24	+	22 of members of which substantially all are individuals who are
	25	+	23 veterans or spouses, widows, or widowers of veterans, the
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33		-	primary purpose of which is to promote the welfare of its
34		-	members and to provide assistance to the general public in
35		-	such a way as to confer a public benefit.
36		-	(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
37		-	(765 ILCS 835/1) (from Ch. 21, par. 15)
38		-	Sec. 1. (a) Any person who acts without proper legal
39		-	authority and who willfully and knowingly destroys or damages
40		-	the remains of a deceased human being or who desecrates human
41		-	remains is guilty of a Class 3 felony.
42		-	(a-5) Any person who acts without proper legal authority
43		-	and who willfully and knowingly removes any portion of the
44		-	remains of a deceased human being from a burial ground where
45		-	skeletal remains are buried or from a grave, crypt, vault,
46		-	mausoleum, or other repository of human remains is guilty of a
47		-	Class 4 felony.
48		-	(b) Any person who acts without proper legal authority and
49		-	who willfully and knowingly:
50		-	(1) obliterates, vandalizes, or desecrates a burial
51		-	ground where skeletal remains are buried or a grave,
52		-	crypt, vault, mausoleum, or other repository of human
53		-	remains;
54		-	(2) obliterates, vandalizes, or desecrates a park or
55		-	other area clearly designated to preserve and perpetuate
56		-	the memory of a deceased person or group of persons;
57		-	(3) obliterates, vandalizes, or desecrates plants,
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	34	+	1 primary purpose of which is to promote the welfare of its
	35	+	2 members and to provide assistance to the general public in
	36	+	3 such a way as to confer a public benefit.
	37	+	4 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
	38	+	5 (765 ILCS 835/1) (from Ch. 21, par. 15)
	39	+	6 Sec. 1. (a) Any person who acts without proper legal
	40	+	7 authority and who willfully and knowingly destroys or damages
	41	+	8 the remains of a deceased human being or who desecrates human
	42	+	9 remains is guilty of a Class 3 felony.
	43	+	10 (a-5) Any person who acts without proper legal authority
	44	+	11 and who willfully and knowingly removes any portion of the
	45	+	12 remains of a deceased human being from a burial ground where
	46	+	13 skeletal remains are buried or from a grave, crypt, vault,
	47	+	14 mausoleum, or other repository of human remains is guilty of a
	48	+	15 Class 4 felony.
	49	+	16 (b) Any person who acts without proper legal authority and
	50	+	17 who willfully and knowingly:
	51	+	18 (1) obliterates, vandalizes, or desecrates a burial
	52	+	19 ground where skeletal remains are buried or a grave,
	53	+	20 crypt, vault, mausoleum, or other repository of human
	54	+	21 remains;
	55	+	22 (2) obliterates, vandalizes, or desecrates a park or
	56	+	23 other area clearly designated to preserve and perpetuate
	57	+	24 the memory of a deceased person or group of persons;
	58	+	25 (3) obliterates, vandalizes, or desecrates plants,
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60		-	trees, shrubs, or flowers located upon or around a
61		-	repository for human remains or within a human graveyard
62		-	or cemetery; or
63		-	(4) obliterates, vandalizes, or desecrates a fence,
64		-	rail, curb, or other structure of a similar nature
65		-	intended for the protection or for the ornamentation of
66		-	any tomb, monument, gravestone, or other structure of like
67		-	character;
68		-	is guilty of a Class A misdemeanor if the amount of the damage
69		-	is less than $500, a Class 4 felony if the amount of the damage
70		-	is at least $500 and less than $10,000, a Class 3 felony if the
71		-	amount of the damage is at least $10,000 and less than
72		-	$100,000, or a Class 2 felony if the damage is $100,000 or more
73		-	and shall provide restitution to the cemetery authority or
74		-	property owner for the amount of any damage caused.
75		-	(b-5) Any person who acts without proper legal authority
76		-	and who willfully and knowingly defaces, vandalizes, injures,
77		-	or removes a gravestone or other memorial, monument, or marker
78		-	commemorating a deceased person or group of persons, whether
79		-	located within or outside of a recognized cemetery, memorial
80		-	park, or battlefield is guilty of a Class 4 felony for damaging
81		-	at least one but no more than 4 gravestones, a Class 3 felony
82		-	for damaging at least 5 but no more than 10 gravestones, or a
83		-	Class 2 felony for damaging more than 10 gravestones and shall
84		-	provide restitution to the cemetery authority or property
85		-	owner for the amount of any damage caused.
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88		-	(b-7) Any person who acts without proper legal authority
89		-	and who willfully and knowingly removes with the intent to
90		-	resell a gravestone or other memorial, monument, or marker
91		-	commemorating a deceased person or group of persons, whether
92		-	located within or outside a recognized cemetery, memorial
93		-	park, or battlefield, is guilty of a Class 2 felony.
94		-	(c) The provisions of this Section shall not apply to the
95		-	removal or unavoidable breakage or injury by a cemetery
96		-	authority of anything placed in or upon any portion of its
97		-	cemetery in violation of any of the rules and regulations of
98		-	the cemetery authority, nor to the removal of anything placed
99		-	in the cemetery by or with the consent of the cemetery
100		-	authority that in the judgment of the cemetery authority has
101		-	become wrecked, unsightly, or dilapidated, nor to the removal,
102		-	replacement, or installation of a gravestone or other
103		-	memorial, monument, or marker commemorating a veteran pursuant
104		-	to Section 17 of this Act.
105		-	(d) If an unemancipated minor is found guilty of violating
106		-	any of the provisions of subsection (b) of this Section and is
107		-	unable to provide restitution to the cemetery authority or
108		-	property owner, the parents or legal guardians of that minor
109		-	shall provide restitution to the cemetery authority or
110		-	property owner for the amount of any damage caused, up to the
111		-	total amount allowed under the Parental Responsibility Law.
112		-	(d-5) Any person who commits any of the following:
113		-	(1) any unauthorized, non-related third party or
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116		-	person who enters any sheds, crematories, or employee
117		-	areas;
118		-	(2) any non-cemetery personnel who solicits cemetery
119		-	mourners or funeral directors on the grounds or in the
120		-	offices or chapels of a cemetery before, during, or after
121		-	a burial;
122		-	(3) any person who harasses or threatens any employee
123		-	of a cemetery on cemetery grounds; or
124		-	(4) any unauthorized person who removes, destroys, or
125		-	disturbs any cemetery devices or property placed for
126		-	safety of visitors and cemetery employees;
127		-	is guilty of a Class A misdemeanor for the first offense and of
128		-	a Class 4 felony for a second or subsequent offense.
129		-	(e) Any person who shall hunt, shoot or discharge any gun,
130		-	pistol or other missile, within the limits of any cemetery, or
131		-	shall cause any shot or missile to be discharged into or over
132		-	any portion thereof, or shall violate any of the rules made and
133		-	established by the board of directors of such cemetery, for
134		-	the protection or government thereof, is guilty of a Class C
135		-	misdemeanor.
136		-	(f) Any person who knowingly enters or knowingly remains
137		-	upon the premises of a public or private cemetery without
138		-	authorization during hours that the cemetery is posted as
139		-	closed to the public is guilty of a Class A misdemeanor.
140		-	(g) All fines when recovered, shall be paid over by the
141		-	court or officer receiving the same to the cemetery authority
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	69	+	1 trees, shrubs, or flowers located upon or around a
	70	+	2 repository for human remains or within a human graveyard
	71	+	3 or cemetery; or
	72	+	4 (4) obliterates, vandalizes, or desecrates a fence,
	73	+	5 rail, curb, or other structure of a similar nature
	74	+	6 intended for the protection or for the ornamentation of
	75	+	7 any tomb, monument, gravestone, or other structure of like
	76	+	8 character;
	77	+	9 is guilty of a Class A misdemeanor if the amount of the damage
	78	+	10 is less than $500, a Class 4 felony if the amount of the damage
	79	+	11 is at least $500 and less than $10,000, a Class 3 felony if the
	80	+	12 amount of the damage is at least $10,000 and less than
	81	+	13 $100,000, or a Class 2 felony if the damage is $100,000 or more
	82	+	14 and shall provide restitution to the cemetery authority or
	83	+	15 property owner for the amount of any damage caused.
	84	+	16 (b-5) Any person who acts without proper legal authority
	85	+	17 and who willfully and knowingly defaces, vandalizes, injures,
	86	+	18 or removes a gravestone or other memorial, monument, or marker
	87	+	19 commemorating a deceased person or group of persons, whether
	88	+	20 located within or outside of a recognized cemetery, memorial
	89	+	21 park, or battlefield is guilty of a Class 4 felony for damaging
	90	+	22 at least one but no more than 4 gravestones, a Class 3 felony
	91	+	23 for damaging at least 5 but no more than 10 gravestones, or a
	92	+	24 Class 2 felony for damaging more than 10 gravestones and shall
	93	+	25 provide restitution to the cemetery authority or property
	94	+	26 owner for the amount of any damage caused.
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144		-	and be applied, as far as possible in repairing the injury, if
145		-	any, caused by such offense. Provided, nothing contained in
146		-	this Act shall deprive such cemetery authority or the owner of
147		-	any interment, entombment, or inurnment right or monument from
148		-	maintaining an action for the recovery of damages caused by
149		-	any injury caused by a violation of the provisions of this Act,
150		-	or of the rules established by the board of directors of such
151		-	cemetery authority. Nothing in this Section shall be construed
152		-	to prohibit the discharge of firearms loaded with blank
153		-	ammunition as part of any funeral, any memorial observance or
154		-	any other patriotic or military ceremony.
155		-	(Source: P.A. 95-331, eff. 8-21-07; 96-863, eff. 3-1-10.)
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	105	+	1 (b-7) Any person who acts without proper legal authority
	106	+	2 and who willfully and knowingly removes with the intent to
	107	+	3 resell a gravestone or other memorial, monument, or marker
	108	+	4 commemorating a deceased person or group of persons, whether
	109	+	5 located within or outside a recognized cemetery, memorial
	110	+	6 park, or battlefield, is guilty of a Class 2 felony.
	111	+	7 (c) The provisions of this Section shall not apply to the
	112	+	8 removal or unavoidable breakage or injury by a cemetery
	113	+	9 authority of anything placed in or upon any portion of its
	114	+	10 cemetery in violation of any of the rules and regulations of
	115	+	11 the cemetery authority, nor to the removal of anything placed
	116	+	12 in the cemetery by or with the consent of the cemetery
	117	+	13 authority that in the judgment of the cemetery authority has
	118	+	14 become wrecked, unsightly, or dilapidated, nor to the removal,
	119	+	15 replacement, or installation of a gravestone or other
	120	+	16 memorial, monument, or marker commemorating a veteran pursuant
	121	+	17 to Section 17 of this Act.
	122	+	18 (d) If an unemancipated minor is found guilty of violating
	123	+	19 any of the provisions of subsection (b) of this Section and is
	124	+	20 unable to provide restitution to the cemetery authority or
	125	+	21 property owner, the parents or legal guardians of that minor
	126	+	22 shall provide restitution to the cemetery authority or
	127	+	23 property owner for the amount of any damage caused, up to the
	128	+	24 total amount allowed under the Parental Responsibility Law.
	129	+	25 (d-5) Any person who commits any of the following:
	130	+	26 (1) any unauthorized, non-related third party or
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	141	+	1 person who enters any sheds, crematories, or employee
	142	+	2 areas;
	143	+	3 (2) any non-cemetery personnel who solicits cemetery
	144	+	4 mourners or funeral directors on the grounds or in the
	145	+	5 offices or chapels of a cemetery before, during, or after
	146	+	6 a burial;
	147	+	7 (3) any person who harasses or threatens any employee
	148	+	8 of a cemetery on cemetery grounds; or
	149	+	9 (4) any unauthorized person who removes, destroys, or
	150	+	10 disturbs any cemetery devices or property placed for
	151	+	11 safety of visitors and cemetery employees;
	152	+	12 is guilty of a Class A misdemeanor for the first offense and of
	153	+	13 a Class 4 felony for a second or subsequent offense.
	154	+	14 (e) Any person who shall hunt, shoot or discharge any gun,
	155	+	15 pistol or other missile, within the limits of any cemetery, or
	156	+	16 shall cause any shot or missile to be discharged into or over
	157	+	17 any portion thereof, or shall violate any of the rules made and
	158	+	18 established by the board of directors of such cemetery, for
	159	+	19 the protection or government thereof, is guilty of a Class C
	160	+	20 misdemeanor.
	161	+	21 (f) Any person who knowingly enters or knowingly remains
	162	+	22 upon the premises of a public or private cemetery without
	163	+	23 authorization during hours that the cemetery is posted as
	164	+	24 closed to the public is guilty of a Class A misdemeanor.
	165	+	25 (g) All fines when recovered, shall be paid over by the
	166	+	26 court or officer receiving the same to the cemetery authority
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	177	+	1 and be applied, as far as possible in repairing the injury, if
	178	+	2 any, caused by such offense. Provided, nothing contained in
	179	+	3 this Act shall deprive such cemetery authority or the owner of
	180	+	4 any interment, entombment, or inurnment right or monument from
	181	+	5 maintaining an action for the recovery of damages caused by
	182	+	6 any injury caused by a violation of the provisions of this Act,
	183	+	7 or of the rules established by the board of directors of such
	184	+	8 cemetery authority. Nothing in this Section shall be construed
	185	+	9 to prohibit the discharge of firearms loaded with blank
	186	+	10 ammunition as part of any funeral, any memorial observance or
	187	+	11 any other patriotic or military ceremony.
	188	+	12 (Source: P.A. 95-331, eff. 8-21-07; 96-863, eff. 3-1-10.)
	189	+	13 (765 ILCS 835/17 new)
	190	+	14 Sec. 17. Memorialization of veteran remains.
	191	+	15 (a) If a veterans' organization or not-for-profit
	192	+	16 corporation has identified human remains of a veteran that are
	193	+	17 more than 100 years old and wishes to have a marker placed to
	194	+	18 designate the grave as that of a veteran, a cemetery authority
	195	+	19 may allow memorialization without permission of the decedent's
	196	+	20 heirs under this Section. The marker may be for a previously
	197	+	21 unmarked grave or serve as a replacement of or repair to an
	198	+	22 existing damaged marker. All costs for memorialization under
	199	+	23 this Section, including the marker, its installation, and any
	200	+	24 removal of or repair to a previous marker that is damaged,
	201	+	25 shall be entirely borne by the veterans' organization. In no
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