SB2779 EngrossedLRB103 36619 AWJ 66728 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section 
55-1003.5 as follows:
 
6    (55 ILCS 5/5-1003.5 new)
7    Sec. 5-1003.5. Indemnification for autopsies performed by 
8physicians. A county shall indemnify and hold harmless a 
9physician who has been appointed or designated by the county 
10or the coroner's office to perform autopsies for all of the 
11physician's acts, omissions, decisions, or conduct arising out 
12of the scope of the physician's duties of performing autopsies 
13for the county, except those involving willful or wanton 
14misconduct. A physician who is made a party defendant to an 
15action arising out of the physician's acts, omissions, 
16decisions, or conduct arising out of the scope of the 
17physician's duties of performing autopsies for the county 
18shall, within 10 days after service of process upon the 
19physician, notify the county of the fact that the action has 
20been instituted and that the physician has been made a party 
21defendant to the action. The notice must be in writing and be 
22filed in the office of the State's Attorney and also in the 
23office of the county clerk either by the physician or by the 
 
 
SB2779 Engrossed- 2 -LRB103 36619 AWJ 66728 b

1physician's agent or attorney. The notice shall state the name 
2of the physician, that the physician has been served with 
3process and made a party defendant to an action wherein it is 
4claimed that a person has suffered injury to the person's body 
5or property caused by that physician, the title and number of 
6the case, the court in which the action is pending, and the 
7date the physician was served with process in the action and 
8made a party defendant to the action.
9    The county that is or may be liable to indemnify the 
10physician may intervene in the action against the physician 
11and shall be permitted to appear and defend. The duty of the 
12county to indemnify any physician for any judgment recovered 
13against the physician is conditioned upon receiving notice of 
14the filing of any such action in the manner and form described 
15in this Section.