HB4971 Engrossed LRB094 19137 HLH 54663 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 3-3013 as follows:
 
6     (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
7     Sec. 3-3013. Preliminary investigations; blood and urine
8 analysis; summoning jury. Every coroner, whenever, as soon as
9 he knows or is informed that the dead body of any person is
10 found, or lying within his county, whose death is suspected of
11 being:
12         (a) A sudden or violent death, whether apparently
13     suicidal, homicidal or accidental, including but not
14     limited to deaths apparently caused or contributed to by
15     thermal, traumatic, chemical, electrical or radiational
16     injury, or a complication of any of them, or by drowning or
17     suffocation, or as a result of domestic violence as defined
18     in the Illinois Domestic Violence Act of 1986;
19         (b) A maternal or fetal death due to abortion, or any
20     death due to a sex crime or a crime against nature;
21         (c) A death where the circumstances are suspicious,
22     obscure, mysterious or otherwise unexplained or where, in
23     the written opinion of the attending physician, the cause
24     of death is not determined;
25         (d) A death where addiction to alcohol or to any drug
26     may have been a contributory cause; or
27         (e) A death where the decedent was not attended by a
28     licensed physician;
29 shall go to the place where the dead body is, and take charge
30 of the same and shall make a preliminary investigation into the
31 circumstances of the death. In the case of death without
32 attendance by a licensed physician the body may be moved with

 

 

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1 the coroner's consent from the place of death to a mortuary in
2 the same county. Coroners in their discretion shall notify such
3 physician as is designated in accordance with Section 3-3014 to
4 attempt to ascertain the cause of death, either by autopsy or
5 otherwise.
6     In cases of accidental death involving a motor vehicle in
7 which the decedent was (1) the operator or a suspected operator
8 of a motor vehicle, or (2) a pedestrian 16 years of age or
9 older, the coroner shall require that a blood specimen of at
10 least 30 cc., and if medically possible a urine specimen of at
11 least 30 cc. or as much as possible up to 30 cc., be withdrawn
12 from the body of the decedent in a timely fashion after the
13 accident causing his death, by such physician as has been
14 designated in accordance with Section 3-3014, or by the coroner
15 or deputy coroner or a qualified person designated by such
16 physician, coroner, or deputy coroner. If the county does not
17 maintain laboratory facilities for making such analysis, the
18 blood and urine so drawn shall be sent to the Department of
19 State Police or any other accredited or State-certified
20 laboratory for analysis of the alcohol, carbon monoxide, and
21 dangerous or narcotic drug content of such blood and urine
22 specimens. Each specimen submitted shall be accompanied by
23 pertinent information concerning the decedent upon a form
24 prescribed by such laboratory. Any person drawing blood and
25 urine and any person making any examination of the blood and
26 urine under the terms of this Division shall be immune from all
27 liability, civil or criminal, that might otherwise be incurred
28 or imposed.
29     In all other cases coming within the jurisdiction of the
30 coroner and referred to in subparagraphs (a) through (e) above,
31 blood, and whenever possible, urine samples shall be analyzed
32 for the presence of alcohol and other drugs. When the coroner
33 suspects that drugs may have been involved in the death, either
34 directly or indirectly, a toxicological examination shall be
35 performed which may include analyses of blood, urine, bile,
36 gastric contents and other tissues. When the coroner suspects a

 

 

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1 death is due to toxic substances, other than drugs, the coroner
2 shall consult with the toxicologist prior to collection of
3 samples. Information submitted to the toxicologist shall
4 include information as to height, weight, age, sex and race of
5 the decedent as well as medical history, medications used by
6 and the manner of death of decedent.
7     In all counties Except in counties that have a jury
8 commission, in cases of apparent suicide, homicide, or
9 accidental death or in other cases, within the discretion of
10 the coroner, the coroner may shall summon 8 persons of lawful
11 age from those persons drawn for petit jurors in the county.
12 The summons shall command these persons to present themselves
13 personally at such a place and time as the coroner shall
14 determine, and may be in any form which the coroner shall
15 determine and may incorporate any reasonable form of request
16 for acknowledgement which the coroner deems practical and
17 provides a reliable proof of service. The summons may be served
18 by first class mail. From the 8 persons so summoned, the
19 coroner shall select 6 to serve as the jury for the inquest.
20 Inquests may be continued from time to time, as the coroner may
21 deem necessary. The 6 jurors selected in a given case may view
22 the body of the deceased. If at any continuation of an inquest
23 one or more of the original jurors shall be unable to continue
24 to serve, the coroner shall fill the vacancy or vacancies. A
25 juror serving pursuant to this paragraph shall receive
26 compensation from the county at the same rate as the rate of
27 compensation that is paid to petit or grand jurors in the
28 county. The coroner shall furnish to each juror without fee at
29 the time of his discharge a certificate of the number of days
30 in attendance at an inquest, and, upon being presented with
31 such certificate, the county treasurer shall pay to the juror
32 the sum provided for his services.
33     In counties which have a jury commission, in cases of
34 apparent suicide or homicide or of accidental death, the
35 coroner shall, and in other cases in his discretion may,
36 conduct an inquest. The jury commission shall provide at least

 

 

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1 8 jurors to the coroner, from whom the coroner shall select any
2 6 to serve as the jury for the inquest. Inquests may be
3 continued from time to time as the coroner may deem necessary.
4 The 6 jurors originally chosen in a given case may view the
5 body of the deceased. If at any continuation of an inquest one
6 or more of the 6 jurors originally chosen shall be unable to
7 continue to serve, the coroner shall fill the vacancy or
8 vacancies. At the coroner's discretion, additional jurors to
9 fill such vacancies shall be supplied by the jury commission. A
10 juror serving pursuant to this paragraph in such county shall
11 receive compensation from the county at the same rate as the
12 rate of compensation that is paid to petit or grand jurors in
13 the county.
14     In addition, in every case in which domestic violence is
15 determined to be a contributing factor in a death, the coroner
16 shall report the death to the Department of State Police.
17     All deaths in State institutions and all deaths of wards of
18 the State in private care facilities or in programs funded by
19 the Department of Human Services under its powers relating to
20 mental health and developmental disabilities or alcoholism and
21 substance abuse or funded by the Department of Children and
22 Family Services shall be reported to the coroner of the county
23 in which the facility is located. If the coroner has reason to
24 believe that an investigation is needed to determine whether
25 the death was caused by maltreatment or negligent care of the
26 ward of the State, the coroner may conduct a preliminary
27 investigation of the circumstances of such death as in cases of
28 death under circumstances set forth in paragraphs (a) through
29 (e) of this Section.
30 (Source: P.A. 93-1005, eff. 1-1-05.)