Lawmakers propose criminalizing mishandling human remains in Illinois

SPRINGFIELD, Ill. (WCIA) — Republican lawmakers are working to make mishandling human remains a crime after a central Illinois funeral home mishandled dozens of cremains last year.

A new bill filed in the Capitol Tuesday would make it a class 4 felony for mishandling human remains by providing misidentified or inaccurately identified cremains to individuals. The bill is filed by Sen. Steve McClure (R-Springfield), and supported by Rep. Mike Coffey (R-Springfield) and Rep. Wayne Rosenthal (R-Morrisonville).

If someone is convicted of a class 4 felony, they would face at least one year but no longer than 3 years in prison.

“The legislation that we are filing is designed to make sure human remains are treated with the serious dignity and respect that is required, that bereaved families are treated fairly, and that anyone who violates the law is punished accordingly,” McClure said in a news conference.

Last year, the Sangamon County Coroner Jim Allmon announced his office was opening an investigation into Heinz Funeral Home/Family Care Cremations in Carlinville after almost 80 families were given the wrong cremains. August Heinz, the funeral director for Heinz, has since had his license for embalming and funeral directing revoked by the state.

“It was like doing it all over again”: Woman finds out she was given wrong ashes by Carlinville funeral home

Allmon said families that received the wrong cremains frequently call his office to ask why there hasn’t been any criminal charges. There is currently no criminal law in Illinois for mishandling remains, though McClure noted prosecutors can potentially find “creative” ways to charge offenders under theft or fraud.

“Working with lawmakers, just to get something put on the books, so to speak, that to prevent this or maybe deter somebody from doing this again was the goal,” Allmon said. “I look forward to seeing this thing move through.”

Sen. Doris Turner (D-Springfield) is also working on a bill to create a tagging system for all human remains to ensure they get delivered to the right next of kin.

Bill in response to Carlinville funeral home investigation filed

Turner said lawmakers need to ensure it doesn’t happen again in Illinois.

“When we lose a loved one, we expect a funeral home to respect their remains,” she said. “It is vital that we ensure no family has to receive the dreaded call that the remains they received belong to someone else.”

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