Illinois Compiled Statutes
410 ILCS 5/2 (2026)
(a) All dead human bodies or the remains of persons interred in the earth within this State which are not encased in a concrete, fiberglass, or other similar hardback outer enclosure shall have a cover of not less than 18 inches of earth at the shallowest point over the receptacle in which such body or remains are placed
✓ current as of May 2026
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(410 ILCS 5/2)
(from Ch. 21, par. 252)
Sec. 2.
(a) All dead human bodies or the remains of persons interred
in the earth within this State which are not encased in a concrete,
fiberglass, or other similar hardback outer enclosure shall have a cover
of not less than 18 inches of earth at the shallowest point over the
receptacle in which such body or remains are placed.
(b) Any person who knowingly buries a dead human body or the remains of
a person in violation of this Act is guilty of a petty offense.
(c) No home rule unit, as defined in Section 6 of Article VII of the
Illinois Constitution, may change, alter or amend in any way the provisions
contained in this Act, and it is declared to be the law of this State,
pursuant to subsections (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that powers and functions authorized by this Act are
the subjects of exclusive State jurisdiction, and no such powers or
functions may be exercised concurrently, either directly or indirectly, by
any home rule unit.
(Source: P.A. 86-293.)
Notes of Decisions
Cited in 2
cases, 1998–1998 · leading case: City of Chicago v. Roman, 705 N.E.2d 81 (Ill. 1998).
City of Chicago v. Roman, 705 N.E.2d 81 (Ill. 1998). “1 (West 1992) (Illinois Insurance Code); 220 ILCS 10/21 (West 1992) (Citizens Utility Board Act); 225 ILCS 60/6 (West 1992) (Medical Practice Act of 1987); 235 ILCS 5/6 — 18 (West 1992) (Liquor Control Act of 1934); 325 ILCS 55/7 (West 1992) (Missing Children Registration Law);…”
City of Chicago v. Roman (Ill. 1998). “1 (West 1992) (Illinois Insurance Code); 220 ILCS 10/21 (West 1992) (Citizens Utility Board Act); 225 ILCS 60/6 (West 1992) (Medical Practice Act of 1987); 235 ILCS 5/6–18 (West 1992) (Liquor Control Act of 1934); 325 ILCS 55/7 (West 1992) (Missing Children Registration Law);…”
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