Sec. 12. Restitution.

272 words·~1 min read·/il/chapter-20/act-3440/12

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Sec. 12. 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 curating the recovered materials, including, but not limited to, fees for experts the Department needed to complete any restoration or identification required under this Act;

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

(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 unregistered burials or grave markers;

(e)any and all costs associated with the reinterment of the human remains;

(f)any and all costs associated with the determination and collection of restitution; and

(g)for Native American remains and materials, any and all costs of traveling for tribal nation representatives for reinterment or repatriation activities and for non-Native American remains and materials, any and all costs of traveling for experts the Department needed to complete any restoration or identification required under this Act.

When restitution is ordered in a case prosecuted by the Attorney General, the restitution shall be deposited into the Repatriation and Reinterment Fund; when restitution is ordered in a case prosecuted by the State's Attorney, the proceeds shall be deposited into the county funds designated by the county board that may only be used for repatriation or reinterment.