(765 ILCS 835/1) (from Ch. 21, par. 15)
(Text of Section from P.A. 94‑44)
Sec. 1. (a) Any person who acts without proper legal authority and
who willfully and knowingly destroys or damages the remains of a deceased
human being or who desecrates human remains is guilty of a Class 3 felony.
(a‑5) Any person who acts without proper legal authority and who willfully
and knowingly removes any portion of the remains of a deceased human
being from
a burial ground where skeletal remains are buried or from a grave, crypt,
vault, mausoleum, or other repository of human remains is guilty of a Class 4
felony.
(b) Any person who acts without proper legal authority and who willfully
and knowingly:
(1) obliterates, vandalizes, or desecrates a burial
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ground where skeletal remains are buried or a grave, crypt, vault, mausoleum, or other repository of human remains;
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(2) obliterates, vandalizes, or desecrates a park or
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other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons;
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(3) obliterates, vandalizes, or desecrates plants,
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trees, shrubs, or flowers located upon or around a repository for human remains or within a human graveyard or cemetery; or
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(4) obliterates, vandalizes, or desecrates a fence,
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rail, curb, or other structure of a similar nature intended for the protection or for the ornamentation of any tomb, monument, gravestone, or other structure of like character;
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is guilty of a Class A misdemeanor if the amount of the damage is less than
$500, a Class 4
felony if the amount of the damage is at least $500 and less than $10,000, a
Class 3 felony if the amount of the
damage is at least $10,000 and less than $100,000, or a Class 2 felony if the
damage is
$100,000 or more and shall provide
restitution to
the cemetery authority or property owner for the amount of any damage caused.
(b‑5) Any person who acts without proper legal authority and who willfully
and knowingly defaces, vandalizes, injures, or removes a gravestone or other
memorial, monument, or marker commemorating a deceased person or group of
persons,
whether located within or outside of a recognized cemetery, memorial park, or
battlefield is guilty of a Class 4 felony for damaging at least one but no more
than 4
gravestones, a
Class 3 felony for damaging at least 5 but no more than 10 gravestones, or a
Class 2
felony for
damaging more than 10 gravestones and shall provide restitution to the
cemetery authority or property owner for the amount of any damage caused.
(b‑7) Any person who acts without proper legal authority
and who willfully and knowingly removes with the intent to
resell a gravestone or other memorial, monument, or marker
commemorating a deceased person or group of persons, whether
located within or outside a recognized cemetery, memorial
park, or battlefield, is guilty of a Class 2 felony.
(c) The provisions of this Section shall not apply to the removal or
unavoidable breakage or injury by a cemetery authority of anything placed
in or upon any portion of its cemetery in violation of any of the rules and
regulations of the cemetery authority, nor to the removal of anything
placed in the cemetery by or with the consent of the cemetery authority
that in the judgment of the cemetery authority has become wrecked,
unsightly, or dilapidated.
(d) If an unemancipated minor is found guilty of violating any of the
provisions of subsection (b) of this Section and is unable to provide
restitution to the cemetery authority or property owner, the parents or
legal guardians of that minor shall provide restitution to the cemetery
authority or property owner for the amount of any damage caused, up to the
total amount allowed under the Parental Responsibility Law.
(e) Any person who shall hunt, shoot
or discharge any gun, pistol or other missile, within the limits of any
cemetery, or shall cause any shot or missile to be discharged into or over
any portion thereof, or shall violate any of the rules made and established
by the board of directors of such cemetery, for the protection or
government thereof, is guilty of a Class C misdemeanor.
(f) Any person who knowingly enters or knowingly remains upon the
premises of a public or private cemetery without authorization during hours
that the cemetery is posted as closed to the public is guilty of a Class A
misdemeanor.
(g) All fines
when recovered, shall be paid over by the court or officer receiving the
same to the cemetery authority and be applied, as far as possible in
repairing the injury, if any, caused by such offense. Provided, nothing
contained in this Act shall deprive such cemetery authority, or the owner
of any interment, entombment, or inurement right or monument from maintaining an action for the recovery of
damages caused by any injury caused by a violation of the provisions of
this Act, or of the rules established by the board of directors of such
cemetery authority. Nothing in this Section shall be construed to
prohibit the discharge of firearms loaded with blank ammunition as part of
any funeral, any memorial observance or any other patriotic or military
ceremony.
(Source: P.A. 94‑44, eff. 6‑17‑05.)
(Text of Section from P.A. 94‑608)
Sec. 1. (a) Any person who acts without proper legal authority and
who willfully and knowingly destroys or damages the remains of a deceased
human being or who desecrates human remains is guilty of a Class 3 felony.
(a‑5) Any person who acts without proper legal authority and who willfully
and knowingly removes any portion of the remains of a deceased human
being from
a burial ground where skeletal remains are buried or from a grave, crypt,
vault, mausoleum, or other repository of human remains is guilty of a Class 4
felony.
(b) Any person who acts without proper legal authority and who willfully
and knowingly:
(1) obliterates, vandalizes, or desecrates a burial
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ground where skeletal remains are buried or a grave, crypt, vault, mausoleum, or other repository of human remains;
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(2) obliterates, vandalizes, or desecrates a park or
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other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons;
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(3) obliterates, vandalizes, or desecrates plants,
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trees, shrubs, or flowers located upon or around a repository for human remains or within a human graveyard or cemetery; or
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(4) obliterates, vandalizes, or desecrates a fence,
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rail, curb, or other structure of a similar nature intended for the protection or for the ornamentation of any tomb, monument, gravestone, or other structure of like character;
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is guilty of a Class A misdemeanor if the amount of the damage is less than
$500, a Class 4
felony if the amount of the damage is at least $500 and less than $10,000, a
Class 3 felony if the amount of the
damage is at least $10,000 and less than $100,000, or a Class 2 felony if the
damage is
$100,000 or more and shall provide
restitution to
the cemetery authority or property owner for the amount of any damage caused.
(b‑5) Any person who acts without proper legal authority and who willfully
and knowingly defaces, vandalizes, injures, or removes a gravestone or other
memorial, monument, or marker commemorating a deceased person or group of
persons,
whether located within or outside of a recognized cemetery, memorial park, or
battlefield is guilty of a Class 4 felony for damaging at least one but no more
than 4
gravestones, a
Class 3 felony for damaging at least 5 but no more than 10 gravestones, or a
Class 2
felony for
damaging more than 10 gravestones and shall provide restitution to the
cemetery authority or property owner for the amount of any damage caused.
(b‑7) Any person who acts without proper legal authority
and who willfully and knowingly removes with the intent to
resell a gravestone or other memorial, monument, or marker
commemorating a deceased person or group of persons, whether
located within or outside a recognized cemetery, memorial
park, or battlefield, is guilty of a Class 2 felony.
(c) The provisions of this Section shall not apply to the removal or
unavoidable breakage or injury by a cemetery authority of anything placed
in or upon any portion of its cemetery in violation of any of the rules and
regulations of the cemetery authority, nor to the removal of anything
placed in the cemetery by or with the consent of the cemetery authority
that in the judgment of the cemetery authority has become wrecked,
unsightly, or dilapidated.
(d) If an unemancipated minor is found guilty of violating any of the
provisions of subsection (b) of this Section and is unable to provide
restitution to the cemetery authority or property owner, the parents or
legal guardians of that minor shall provide restitution to the cemetery
authority or property owner for the amount of any damage caused, up to the
total amount allowed under the Parental Responsibility Law.
(d‑5) Any person who commits any of the following:
(1) any unauthorized, non‑related third party or
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person who enters any sheds, crematories, or employee areas;
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(2) any non‑cemetery personnel who solicits cemetery
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mourners or funeral directors on the grounds or in the offices or chapels of a cemetery before, during, or after a burial;
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(3) any person who harasses or threatens any employee
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of a cemetery on cemetery grounds; or
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(4) any unauthorized person who removes, destroys, or
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disturbs any cemetery devices or property placed for safety of visitors and cemetery employees;
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is guilty of a Class A misdemeanor for the first offense and of a Class 4 felony for a second or subsequent offense.
(e) Any person who shall hunt, shoot
or discharge any gun, pistol or other missile, within the limits of any
cemetery, or shall cause any shot or missile to be discharged into or over
any portion thereof, or shall violate any of the rules made and established
by the board of directors of such cemetery, for the protection or
government thereof, is guilty of a Class C misdemeanor.
(f) Any person who knowingly enters or knowingly remains upon the
premises of a public or private cemetery without authorization during hours
that the cemetery is posted as closed to the public is guilty of a Class A
misdemeanor.
(g) All fines
when recovered, shall be paid over by the court or officer receiving the
same to the cemetery association and be applied, as far as possible in
repairing the injury, if any, caused by such offense. Provided, nothing
contained in this Act shall deprive such cemetery association, or the owner
of any lot or monument from maintaining an action for the recovery of
damages caused by any injury caused by a violation of the provisions of
this Act, or of the rules established by the board of directors of such
cemetery association. Nothing in this Section shall be construed to
prohibit the discharge of firearms loaded with blank ammunition as part of
any funeral, any memorial observance or any other patriotic or military
ceremony.
(Source: P.A. 94‑608, eff. 8‑16‑05.)
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(765 ILCS 835/14.5)
Sec. 14.5.
Correction of encroachment on interment, entombment, or
inurnment rights.
(a) Whenever a cemetery becomes aware that there is an
encroachment on or in the lawful interment, inurnment, or entombment
rights of another, and when the cemetery buried or placed or permitted the
burial or placement of the encroaching item in or on these rights, the
cemetery may correct the encroachment in accordance with this Section.
This Section shall not apply to, or be utilized in connection with, any
eminent domain, quick‑take, or other condemnation proceeding that is designed
to relocate a cemetery or portion thereof to another location.
(b) When the encroaching item is a marker, monument or memorial
that should be placed on or in another interment,
inurnment, or entombment right located within the cemetery, or when the
item is the foundation or base for any of the foregoing, the cemetery may
with reasonable promptness, and without being required to obtain any
permit, relocate the item to its proper place. Notice of the corrective action
shall be given no later than 30 days following the correction in accordance
with subsection (d) of this Section.
(c) When the encroaching item is a vault, casket, urn, outer burial
container,
or human remains that should be placed in or on another interment,
inurnment, or entombment right located within the cemetery, the cemetery
may with reasonable promptness, and without being required to obtain any
permit, relocate the item to its proper place. Except as otherwise provided in
this subsection, notice of the corrective action shall be given no later than
30
days prior to the correction in accordance with subsection (d) of this Section.
When the involved encroachment would, if uncorrected within 30 days,
interfere with a scheduled interment, inurnment, or entombment, then the
notice shall be given in accordance with subsection (d) of this Section with as
much advance notice as reasonably possible or, if advance notice is not
reasonably possible, no later than 30 days following the correction. In the
event the correction is to occur in a religious cemetery that, for religious
reasons, maintains rules that preclude advance notice of corrections, the
notice shall occur no later than 30 days following the correction.
(d) Notice under this Section shall be by certified mail or other
delivery method that has a confirmation procedure, in 12‑point type, to the
owner of any affected interment, inurnment, or entombment right or, when
the owner is deceased, to the surviving spouse of the deceased, or if none,
any surviving children of the deceased, or if no surviving spouse or children,
a parent, brother, or sister of the deceased, or, if failing all of the above,
any
other listed heir of the deceased in the cemetery records. In providing
notice, the cemetery authority shall exercise due diligence to engage in a
reasonable search of available funeral home of record or cemetery records to
obtain the current address of the party to be notified. The notice shall
provide a clear statement of the correction taken or to be taken,
together with the reasons for the correction, and shall outline a simple
process for the notified person to obtain additional information regarding the
correction from the cemetery. When advance notice is required, the notice
shall inform the notified party of his or her right to be present for any
reinterment, reinurnment, or reentombment, as well as his or her option to
object by obtaining an injunction enjoining the contemplated correction.
The cemetery shall maintain for no less than 5 years a record of any notice
provided under this Section.
(e) Nothing in this Section shall make a cemetery financially
responsible for the correction of encroachments that are directly or indirectly
caused by the owner of an interment, inurnment, or entombment right or by
his or her heirs or by an act of God, war, or vandalism. The cemetery shall
be financially responsible for the correction of all other encroachments
covered by this Section.
(f) Nothing in this Section shall be construed to limit the liability of
any party.
(Source: P.A. 93‑772, eff. 1‑1‑05.)
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(765 ILCS 835/16)
Sec. 16. When a multiple interment right owner becomes deceased, the
ownership of any
unused rights of interment shall pass in accordance with the specific bequest
in the decedent's will. If there is no will or specific bequest then the ownership and use
of the unused rights of interment shall be determined by a cemetery authority
in
accordance with the information set out on a standard affidavit for cemetery
interment rights use form if such a form has been prepared. The unused right
of interment shall be
used for the interment of the first
deceased heir listed on the standard affidavit and continue in sequence until
all listed heirs are deceased. In the event that an interment right is not
used,
the interment right shall pass to the heirs of the heirs of the deceased
interment right owner in perpetuity. Except as otherwise provided in this Section, this shall not preclude the ability of
the heirs to sell said interment rights, in the event that all listed living
heirs are in agreement, and it shall not preclude the ability of a 2/3 majority of the living heirs to sell a specific interment right to the spouse of a living or deceased heir. If the standard affidavit for cemetery interment
rights use, showing heirship of decedent
interment right owner's living heirs is provided to and followed by a cemetery
authority, the
cemetery authority shall be released of any liability in relying on that
affidavit.
The following is the form of the standard affidavit:
STATE OF ILLINOIS ) ) SSCOUNTY OF ....................)
AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
I, .............., being first duly sworn on oath depose and say that:
1. A. My place of residence is ........................
B. My post office address is .......................
C. I understand that I am providing the information
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contained in this affidavit to the ............ ("Cemetery") and the Cemetery shall, in the absence of directions to the contrary in my will, rely on this information to allow the listed individuals to be interred in any unused interment rights in the order of their death.
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D. I understand that, if I am an out‑of‑state
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resident, I submit myself to the jurisdiction of Illinois courts for all matters related to the preparation and use of this affidavit. My agent for service of process in Illinois is:
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Name ................. Address .....................
City ................. Telephone ...................
Items 2 through 6 must be completed by the executor of the decedent's
estate, a personal representative, owner's surviving spouse, or surviving
heir.
2. The decedent's name is ..............................
3. The date of decedent's death was ....................
4. The decedent's place of residence immediately before
his or her death was ........................................
5. My relationship to the decedent is .................. and I am authorized to sign and file this affidavit.
6. At the time of death, the decedent (had no) (had a) surviving spouse.
The name of the surviving spouse, if any, is ....................., and
he or she (has) (has not) remarried.
7. The following is a list of the cemetery interment rights
that may be used by the heirs if the owner is deceased:
.............................................................
.............................................................
8. The following persons have an ownership interest in and the right to use the cemetery interment rights
in the order of their death:
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
9. This affidavit is made for the purpose of obtaining the consent of the
undersigned to transfer the right of interment at the above mentioned cemetery
property to the listed heirs. Affiants agree that they will save, hold
harmless, and indemnify Cemetery, its heirs, successors, employees, and
assigns, from all claims, loss, or damage whatsoever that may result from
relying on this affidavit to record said transfer in its records and allow
interments on the basis of the information contained in this affidavit.
WHEREFORE affiant requests Cemetery to recognize the above named
heirs‑at‑law as those rightfully entitled to the ownership of and use of said interment
(spaces) (space).
THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
Dated this ........ day of .............., .....
................... (Seal) (To be signed by the owner or
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the individual who completes items 2 through 6 above.)
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Subscribed and sworn to before me, a Notary Public in and for the County and
State of .............. aforesaid
this ........ day of ..............., .....
............................ Notary Public.
(Source: P.A. 93‑772, eff. 1‑1‑05; 94‑520, eff. 8‑10‑05.)
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