20 ILCS 3435/5

Current through Public Act 103-1052

Section 20 ILCS 3435/5 - Penalties

Any violation of Section 3 not involving the disturbance of human remains is a Class A misdemeanor and the violator shall also be subject to a fine not in excess of $5,000; any subsequent violation is a Class 4 felony. Any violation of Section 3 involving disturbance of human remains is a Class 4 felony. Each disturbance of an archaeological site or a paleontological site shall constitute a single offense. Persons convicted of a violation of Section 3 shall also be ordered to pay restitution. Such restitution is 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, analyzing, accessioning and curating the recovered materials;

(c) any and all costs associated with restoring the land to its original contour;

(d) any and all costs associated with recovery of data and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the archaeological or paleontological site;

(e) any and all costs associated with the determination and collection of restitution.

When restitution is ordered in a case that is prosecuted by the Attorney General, all restitution shall be deposited into the Illinois Historic Sites Fund; when restitution is ordered in a case that is prosecuted by the State's Attorney, the proceeds shall be deposited into the county fund designated by the county board.

20 ILCS 3435/5

P.A. 86-459; 86-707.

Amended by P.A. 103-0616,§ 5-45, eff. 7/1/2024.

Amended by P.A. 103-0446,§ 20, eff. 8/4/2023.

Amended by P.A. 100-0695,§ 55, eff. 8/3/2018.