State of Illinois
91st General Assembly
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Public Act 91-0521

SB315 Enrolled                                 LRB9100843DHmg

    AN ACT to amend the Counties  Code  by  changing  Section
3-3013.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.  The Counties Code  is  amended  by  changing
Section 3-3013 as follows:

    (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
    Sec. 3-3013.  Preliminary investigations; blood and urine
analysis; summoning jury. Every coroner, whenever, as soon as
he  knows  or is informed that the dead body of any person is
found, or lying within his county, whose death  is  suspected
of being:
    (a)  A   sudden  or  violent  death,  whether  apparently
suicidal, homicidal or accidental, including but not  limited
to  deaths  apparently  caused  or contributed to by thermal,
traumatic, chemical, electrical or radiational injury,  or  a
complication  of  any of them, or by drowning or suffocation,
or as a  result  of  domestic  violence  as  defined  in  the
Illinois Domestic Violence Act of 1986;
    (b)  A  maternal  or  fetal death due to abortion, or any
death due to a sex crime or a crime against nature;
    (c)  A death  where  the  circumstances  are  suspicious,
obscure, mysterious or otherwise unexplained or where, in the
written  opinion  of  the  attending  physician, the cause of
death is not determined;
    (d)  A death where addiction to alcohol or  to  any  drug
may have been a contributory cause; or
    (e)  A  death  where  the  decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary  investigation  into
the circumstances of the death.  In the case of death without
attendance by a licensed physician the body may be moved with
the  coroner's  consent from the place of death to a mortuary
in the same  county.   Coroners  in  their  discretion  shall
notify  such  physician  as  is designated in accordance with
Section 3-3014 to attempt to ascertain the  cause  of  death,
either by autopsy or otherwise.
    In cases of accidental death involving a motor vehicle in
which  the  decedent  was  (1)  the  operator  or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years  of
age or older, the coroner shall require that a blood specimen
of  at  least  30  cc.,  and  if  medically  possible a urine
specimen of at least 30 cc.  or as much as possible up to  30
cc.,  be  withdrawn  from  the  body of the decedent within 6
hours of the accident causing his death, by such physician as
has been designated in accordance with Section 3-3014, or  by
the  coroner  or  deputy coroner or a qualified person at the
direction of such physician.  If the county does not maintain
laboratory facilities for making such analysis, the blood and
urine so drawn shall be  sent  to  the  Department  of  State
Police  for  analysis, when necessary, of the alcohol, carbon
monoxide, and dangerous or  narcotic  drug  content  of  such
blood  and urine specimens.  Each specimen submitted shall be
accompanied by pertinent information concerning the  decedent
upon  a  form prescribed by such Department.  If the analysis
is performed in county  laboratory  facilities,  the  coroner
shall  forward  the  results  of  each analysis and pertinent
information concerning the  decedent  to  the  Department  of
Public Health upon a form prescribed by such Department.  The
coroner  causing the blood and urine to be withdrawn shall be
notified  of  the  results  of  any  analysis  made  by   the
Department  of  State  Police  and  the  Department of Public
Health shall keep  a  record  of  the  results  of  all  such
examinations   to  be  used  for  statistical  purposes.  The
cumulative results of the examinations,  without  identifying
the  individuals  involved,  shall  be  disseminated and made
public by  the  Department  of  Public  Health.   Any  person
drawing blood and urine and any person making any examination
of the blood and urine under the terms of this Division shall
be  immune  from all liability, civil or criminal, that might
otherwise be incurred or imposed.  The coroner shall be  paid
a  fee  of  $10  by  the Department of Public Health for each
acceptable set of blood  and  urine  specimens  sent  to  the
Department   of  State  Police  forensic  science  laboratory
accompanied by the  required  form  or  for  each  report  of
analysis  performed by a county laboratory furnished upon the
required form. Upon collection, the coroner shall pay the fee
over to the county treasurer for deposit in the general  fund
of the county.
    In  all other cases coming within the jurisdiction of the
coroner and referred to  in  subparagraphs  (a)  through  (e)
above,  blood,  and whenever possible, urine samples shall be
analyzed for the presence of alcohol and other  drugs.   When
the coroner suspects that drugs may have been involved in the
death,   either   directly  or  indirectly,  a  toxicological
examination shall be performed which may include analyses  of
blood,  urine, bile, gastric contents and other tissues. When
the coroner suspects a death  is  due  to  toxic  substances,
other   than  drugs,  the  coroner  shall  consult  with  the
toxicologist prior to  collection  of  samples.   Information
submitted to the toxicologist shall include information as to
height,  weight, age, sex and race of the decedent as well as
medical history, medications used by and the manner of  death
of decedent.
    Except  in counties that have a jury commission, in cases
of apparent suicide, homicide,  or  accidental  death  or  in
other  cases,  within  the  discretion  of  the  coroner, the
coroner shall summon 8  persons  of  lawful  age  from  those
persons  drawn  for  petit jurors in the county.  The summons
shall command these persons to present themselves  personally
at  such a place and time as the coroner shall determine, and
may be in any form which the coroner shall determine and  may
incorporate    any    reasonable    form   of   request   for
acknowledgement  which  the  coroner  deems   practical   and
provides  a  reliable  proof  of service.  The summons may be
served by first class mail.  From the 8 persons so  summoned,
the  coroner  shall  select  6  to  serve as the jury for the
inquest.  Inquests may be continued from time to time, as the
coroner may deem necessary.  The 6 jurors selected in a given
case  may  view  the  body  of  the  deceased.  If   at   any
continuation of an inquest one or more of the original jurors
shall  be unable to continue to serve, the coroner shall fill
the vacancy or vacancies. A juror serving  pursuant  to  this
paragraph  shall  receive compensation from the county at the
same rate as the rate of compensation that is paid  to  petit
or  grand jurors in the county.  The coroner shall furnish to
each juror without  fee  at  the  time  of  his  discharge  a
certificate   of  the  number  of  days  in  attendance at an
inquest, and, upon being presented with such certificate, the
county treasurer shall pay to the juror the sum provided  for
his services.
    In  counties  which  have  a jury commission, in cases of
apparent suicide or homicide  or  of  accidental  death,  the
coroner  shall,  and  in  other  cases in his discretion may,
conduct an inquest.  The jury  commission  shall  provide  at
least  8  jurors  to the coroner, from whom the coroner shall
select any 6 to serve as the jury for the inquest.   Inquests
may  be  continued  from time to time as the coroner may deem
necessary.  The 6 jurors originally chosen in  a  given  case
may view the body of the deceased.  If at any continuation of
an  inquest  one  or  more  of the 6 jurors originally chosen
shall be unable to continue to serve, the coroner shall  fill
the  vacancy  or  vacancies.   At  the  coroner's discretion,
additional jurors to fill such vacancies shall be supplied by
the jury  commission.   A  juror  serving  pursuant  to  this
paragraph  in such county shall receive compensation from the
county at the same rate as the rate of compensation  that  is
paid to petit or grand jurors in the county.
    In  addition, in every case in which domestic violence is
determined to be  a  contributing  factor  in  a  death,  the
coroner  shall  report  the  death to the Department of State
Police.
    All deaths in State institutions and all deaths of  wards
of the State in private care facilities or in programs funded
by the Department of Human Services under its powers relating
to mental health and developmental disabilities or alcoholism
and  substance  abuse or funded by the Department of Children
and Family Services shall be reported to the coroner  of  the
county  in which the facility is located.  If the coroner has
reason  to  believe  that  an  investigation  is  needed   to
determine  whether  the  death  was caused by maltreatment or
negligent care of the ward of  the  State,  the  coroner  may
conduct  a  preliminary investigation of the circumstances of
such death as in cases of death under circumstances set forth
in paragraphs (a) through (e) of this Section.
(Source: P.A. 89-507, eff. 7-1-97.)


                            _________________________________
                            President of the Senate


                            _________________________________
                            Speaker, House of Representatives

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