(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 that originated from any land that is now part of the State of Illinois. A person who violates this Section commits a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. (b) This Section does not apply to: (1) the acts of a licensed funeral director or embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code; or (2) cemeteries and cemetery personnel while performing acts pursuant to a bona fide request from the involved cemetery consumer or his or her heirs, or pursuant to an interment or disinterment permit or a court order, or as authorized under Section 14.5 of the Cemetery Protection Act, or any other actions legally authorized for cemetery employees. charge admission or a fee to observe any human remains, grave artifacts, or grave markers that are Native American in origin or that originated from any land that is now part of the State of Illinois. embalmer while performing acts authorized by the Funeral Directors and Embalmers Licensing Code; or performing acts pursuant to a bona fide request from the involved cemetery consumer or his or her heirs, or pursuant to an interment or disinterment permit or a court order, or as authorized under Section 14.5 of the Cemetery Protection Act, or any other actions legally authorized for cemetery employees.
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