101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4235

 

Introduced 1/27/2020, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Counties Code. Provides that the county board or board of county commissioners of each county shall appoint a medical examiner and the medical examiner may appoint a deputy medical examiner, who both shall be physicians licensed to practice within this State. Discontinues the office of the corner in each county on December 1, 2021 replacing it with the appointed medical examiner. Allows a medical examiner to appoint investigators. Provides that 2 or more counties may enter into an agreement to allow the same persons to act as medical examiner, deputy medical examiners, and investigators. Allows a medical examiner to establish an elderly and vulnerable adult death review team. Makes other changes concerning removal of medical examiners and deputy medical examiners, bonds, death investigations, identification of bodies, expenses, records, organ donation and cremation of a body subject to investigation, autopsies, removal of property found near a body, and notification of a medical examiner. Limits home rule powers. Amends various other Acts and Codes making conforming changes. Effective December 1, 2021, except for specified provisions which take effect immediately.


LRB101 15666 AWJ 65707 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4235LRB101 15666 AWJ 65707 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 Statute on Statutes is amended by changing
5Section 1.08 as follows:
 
6    (5 ILCS 70/1.08)  (from Ch. 1, par. 1009)
7    Sec. 1.08. "Sheriff," "medical examiner," "coroner,"
8"clerk," or other words used for an executive or ministerial
9officer may include any deputy or other person performing the
10duties of such officer, either generally or in special cases.
11(Source: Laws 1965, p. 373.)
 
12    Section 10. The Freedom of Information Act is amended by
13changing Section 7 as follows:
 
14    (5 ILCS 140/7)  (from Ch. 116, par. 207)
15    Sec. 7. Exemptions.
16    (1) When a request is made to inspect or copy a public
17record that contains information that is exempt from disclosure
18under this Section, but also contains information that is not
19exempt from disclosure, the public body may elect to redact the
20information that is exempt. The public body shall make the
21remaining information available for inspection and copying.

 

 

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1Subject to this requirement, the following shall be exempt from
2inspection and copying:
3        (a) Information specifically prohibited from
4    disclosure by federal or State law or rules and regulations
5    implementing federal or State law.
6        (b) Private information, unless disclosure is required
7    by another provision of this Act, a State or federal law or
8    a court order.
9        (b-5) Files, documents, and other data or databases
10    maintained by one or more law enforcement agencies and
11    specifically designed to provide information to one or more
12    law enforcement agencies regarding the physical or mental
13    status of one or more individual subjects.
14        (c) Personal information contained within public
15    records, the disclosure of which would constitute a clearly
16    unwarranted invasion of personal privacy, unless the
17    disclosure is consented to in writing by the individual
18    subjects of the information. "Unwarranted invasion of
19    personal privacy" means the disclosure of information that
20    is highly personal or objectionable to a reasonable person
21    and in which the subject's right to privacy outweighs any
22    legitimate public interest in obtaining the information.
23    The disclosure of information that bears on the public
24    duties of public employees and officials shall not be
25    considered an invasion of personal privacy.
26        (d) Records in the possession of any public body

 

 

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1    created in the course of administrative enforcement
2    proceedings, and any law enforcement or correctional
3    agency for law enforcement purposes, but only to the extent
4    that disclosure would:
5            (i) interfere with pending or actually and
6        reasonably contemplated law enforcement proceedings
7        conducted by any law enforcement or correctional
8        agency that is the recipient of the request;
9            (ii) interfere with active administrative
10        enforcement proceedings conducted by the public body
11        that is the recipient of the request;
12            (iii) create a substantial likelihood that a
13        person will be deprived of a fair trial or an impartial
14        hearing;
15            (iv) unavoidably disclose the identity of a
16        confidential source, confidential information
17        furnished only by the confidential source, or persons
18        who file complaints with or provide information to
19        administrative, investigative, law enforcement, or
20        penal agencies; except that the identities of
21        witnesses to traffic accidents, traffic accident
22        reports, and rescue reports shall be provided by
23        agencies of local government, except when disclosure
24        would interfere with an active criminal investigation
25        conducted by the agency that is the recipient of the
26        request;

 

 

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1            (v) disclose unique or specialized investigative
2        techniques other than those generally used and known or
3        disclose internal documents of correctional agencies
4        related to detection, observation or investigation of
5        incidents of crime or misconduct, and disclosure would
6        result in demonstrable harm to the agency or public
7        body that is the recipient of the request;
8            (vi) endanger the life or physical safety of law
9        enforcement personnel or any other person; or
10            (vii) obstruct an ongoing criminal investigation
11        by the agency that is the recipient of the request.
12        (d-5) A law enforcement record created for law
13    enforcement purposes and contained in a shared electronic
14    record management system if the law enforcement agency that
15    is the recipient of the request did not create the record,
16    did not participate in or have a role in any of the events
17    which are the subject of the record, and only has access to
18    the record through the shared electronic record management
19    system.
20        (e) Records that relate to or affect the security of
21    correctional institutions and detention facilities.
22        (e-5) Records requested by persons committed to the
23    Department of Corrections, Department of Human Services
24    Division of Mental Health, or a county jail if those
25    materials are available in the library of the correctional
26    institution or facility or jail where the inmate is

 

 

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1    confined.
2        (e-6) Records requested by persons committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail if those
5    materials include records from staff members' personnel
6    files, staff rosters, or other staffing assignment
7    information.
8        (e-7) Records requested by persons committed to the
9    Department of Corrections or Department of Human Services
10    Division of Mental Health if those materials are available
11    through an administrative request to the Department of
12    Corrections or Department of Human Services Division of
13    Mental Health.
14        (e-8) Records requested by a person committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail, the disclosure
17    of which would result in the risk of harm to any person or
18    the risk of an escape from a jail or correctional
19    institution or facility.
20        (e-9) Records requested by a person in a county jail or
21    committed to the Department of Corrections or Department of
22    Human Services Division of Mental Health, containing
23    personal information pertaining to the person's victim or
24    the victim's family, including, but not limited to, a
25    victim's home address, home telephone number, work or
26    school address, work telephone number, social security

 

 

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1    number, or any other identifying information, except as may
2    be relevant to a requester's current or potential case or
3    claim.
4        (e-10) Law enforcement records of other persons
5    requested by a person committed to the Department of
6    Corrections, Department of Human Services Division of
7    Mental Health, or a county jail, including, but not limited
8    to, arrest and booking records, mug shots, and crime scene
9    photographs, except as these records may be relevant to the
10    requester's current or potential case or claim.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those records
18    of officers and agencies of the General Assembly that
19    pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged, or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only

 

 

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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension fund,
6    from a private equity fund or a privately held company
7    within the investment portfolio of a private equity fund as
8    a result of either investing or evaluating a potential
9    investment of public funds in a private equity fund. The
10    exemption contained in this item does not apply to the
11    aggregate financial performance information of a private
12    equity fund, nor to the identity of the fund's managers or
13    general partners. The exemption contained in this item does
14    not apply to the identity of a privately held company
15    within the investment portfolio of a private equity fund,
16    unless the disclosure of the identity of a privately held
17    company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in

 

 

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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced by
5    any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by news
9    media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and

 

 

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1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including, but not limited to, power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public under
18    Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that would
21    not be subject to discovery in litigation, and materials
22    prepared or compiled by or for a public body in
23    anticipation of a criminal, civil, or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.

 

 

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1        (n) Records relating to a public body's adjudication of
2    employee grievances or disciplinary cases; however, this
3    exemption shall not extend to the final outcome of cases in
4    which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including, but
7    not limited to, software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of an
21    applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding

 

 

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1    under the Eminent Domain Act, records, documents, and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents, and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
22        (u) Information that would disclose or might lead to
23    the disclosure of secret or confidential information,
24    codes, algorithms, programs, or private keys intended to be
25    used to create electronic or digital signatures under the
26    Electronic Commerce Security Act.

 

 

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1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a community's
4    population or systems, facilities, or installations, the
5    destruction or contamination of which would constitute a
6    clear and present danger to the health or safety of the
7    community, but only to the extent that disclosure could
8    reasonably be expected to jeopardize the effectiveness of
9    the measures or the safety of the personnel who implement
10    them or the public. Information exempt under this item may
11    include such things as details pertaining to the
12    mobilization or deployment of personnel or equipment, to
13    the operation of communication systems or protocols, or to
14    tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    bids, or negotiations related to electric power
23    procurement under Section 1-75 of the Illinois Power Agency
24    Act and Section 16-111.5 of the Public Utilities Act that
25    is determined to be confidential and proprietary by the
26    Illinois Power Agency or by the Illinois Commerce

 

 

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1    Commission.
2        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) Information regarding interments, entombments, or
15    inurnments of human remains that are submitted to the
16    Cemetery Oversight Database under the Cemetery Care Act or
17    the Cemetery Oversight Act, whichever is applicable.
18        (dd) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Illinois Public Aid
20    Code or (ii) that pertain to appeals under Section 11-8 of
21    the Illinois Public Aid Code.
22        (ee) The names, addresses, or other personal
23    information of persons who are minors and are also
24    participants and registrants in programs of park
25    districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation

 

 

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1    associations.
2        (ff) The names, addresses, or other personal
3    information of participants and registrants in programs of
4    park districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations where such programs are targeted primarily to
7    minors.
8        (gg) Confidential information described in Section
9    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
10        (hh) The report submitted to the State Board of
11    Education by the School Security and Standards Task Force
12    under item (8) of subsection (d) of Section 2-3.160 of the
13    School Code and any information contained in that report.
14        (ii) Records requested by persons committed to or
15    detained by the Department of Human Services under the
16    Sexually Violent Persons Commitment Act or committed to the
17    Department of Corrections under the Sexually Dangerous
18    Persons Act if those materials: (i) are available in the
19    library of the facility where the individual is confined;
20    (ii) include records from staff members' personnel files,
21    staff rosters, or other staffing assignment information;
22    or (iii) are available through an administrative request to
23    the Department of Human Services or the Department of
24    Corrections.
25        (jj) Confidential information described in Section
26    5-535 of the Civil Administrative Code of Illinois.

 

 

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1        (kk) The public body's credit card numbers, debit card
2    numbers, bank account numbers, Federal Employer
3    Identification Number, security code numbers, passwords,
4    and similar account information, the disclosure of which
5    could result in identity theft or impression or defrauding
6    of a governmental entity or a person.
7        (ll) (kk) Records concerning the work of the threat
8    assessment team of a school district.
9        (mm) Medical records, books, papers, or other
10    documents that a medical examiner, deputy medical
11    examiner, or investigator obtains in conducting an
12    investigation or inquest under Division 3-3 of the Counties
13    Code.
14    (1.5) Any information exempt from disclosure under the
15Judicial Privacy Act shall be redacted from public records
16prior to disclosure under this Act.
17    (2) A public record that is not in the possession of a
18public body but is in the possession of a party with whom the
19agency has contracted to perform a governmental function on
20behalf of the public body, and that directly relates to the
21governmental function and is not otherwise exempt under this
22Act, shall be considered a public record of the public body,
23for purposes of this Act.
24    (3) This Section does not authorize withholding of
25information or limit the availability of records to the public,
26except as stated in this Section or otherwise provided in this

 

 

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1Act.
2(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
3100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
41-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
5    Section 15. The Election Code is amended by changing
6Section 18A-218.10 as follows:
 
7    (10 ILCS 5/18A-218.10)
8    Sec. 18A-218.10. Definitions relating to provisional
9ballots.
10    (a) As used in this Article:
11        "Citywide or villagewide office" means an office
12    elected by the electors of an entire municipality.
13        "Correct precinct" means the precinct containing the
14    addresses at which the provisional voter resides and at
15    which he or she is registered to vote.
16        "Countywide office" means the offices of Clerk,
17    Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
18    Auditor, County Board President, County Board Member or
19    County Commissioner in those counties that elect those
20    officers countywide, Coroner, Regional Superintendent of
21    Schools, Sanitary District Commissioners or Trustees,
22    Assessor, Board of Review Members in those counties that
23    elect those officers countywide, and Treasurer.
24        "Election authority" means either the County Clerk,

 

 

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1    County Board of Election Commissioners, or Municipal Board
2    of Election Commissioners, as the case may be.
3        "Election jurisdiction" means an entire county, in the
4    case of a county in which no city board of election
5    commissioners is located or that is under the jurisdiction
6    of a county board of election commissioners; the
7    territorial jurisdiction of a city board of election
8    commissioners; and the territory in a county outside of the
9    jurisdiction of a city board of election commissioners.
10    Election jurisdictions shall be determined according to
11    which election authority maintains the permanent
12    registration records of qualified electors.
13        "Incorrect precinct" means the precinct in which the
14    voter cast a provisional ballot, but is not the precinct
15    containing the address at which he or she is registered to
16    vote. In order for a provisional ballot to be eligible for
17    counting when cast in an incorrect precinct, that precinct
18    must be located within either the county or municipality in
19    which the voter is registered.
20        "Leading established political party" means one of the
21    two political parties whose candidates for Governor at the
22    most recent 3 gubernatorial elections received either the
23    highest or second highest average number of votes. The
24    first leading political party is the party whose candidate
25    for Governor received the highest average number of votes
26    in the 3 most recent gubernatorial elections and the second

 

 

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1    leading political party is the party whose candidate for
2    Governor received the second highest average number of
3    votes in the 3 most recent gubernatorial elections.
4        "Legislative district" means the district in which an
5    Illinois State Senator is elected to serve the residents.
6        "Persons entitled to vote provisionally" or
7    "provisional voter" means a person claiming to be a
8    registered voter who is entitled by Section 18A-5 of this
9    Code to vote a provisional ballot under the following
10    circumstances:
11            (1) The person's name does not appear on the
12        official list of eligible voters for the precinct in
13        which the person seeks to vote and the person has
14        refused an opportunity to register at the polling
15        location or another grace period registration site.
16            (2) The person's voting status has been
17        successfully challenged by an election judge, a
18        pollwatcher or any legal voter.
19            (3) A federal or State court order extends the time
20        for closing the polls beyond the time period
21        established by State law and the person votes during
22        the extended time period.
23            (4) The voter registered to vote by mail and is
24        required by law to present identification when voting
25        either in person or by vote by mail ballot, but fails
26        to do so.

 

 

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1            (5) The voter's name appears on the list of voters
2        who voted during the early voting period, but the voter
3        claims not to have voted during the early voting
4        period.
5            (6) The voter received a vote by mail ballot but
6        did not return the vote by mail ballot to the election
7        authority, and failed to surrender it to the election
8        judges.
9            (7) The voter attempted to register to vote on
10        election day, but failed to provide the necessary
11        documentation.
12        "Representative district" means the district from
13    which an Illinois State Representative is elected to serve
14    the residents.
15        "Statewide office" means the Constitutional offices of
16    Governor and Lt. Governor running jointly, Secretary of
17    State, Attorney General, Comptroller, and Treasurer.
18        "Township office" means an office elected by the
19    electors of an entire township.
20    (b) Procedures for Voting Provisionally in the Polling
21Place.
22        (1) If any of the 7 reasons cited in the definition of
23    provisional voter in subsection (a) for casting a
24    provisional ballot exists, an election judge must accept
25    any information provided by a person who casts a
26    provisional ballot that the person believes supports his or

 

 

HB4235- 20 -LRB101 15666 AWJ 65707 b

1    her claim that he or she is a duly registered voter and
2    qualified to vote in the election. However, if the person's
3    residence address is outside the precinct boundaries, the
4    election judge shall inform the person of that fact, give
5    the person the appropriate telephone number of the election
6    authority in order to locate the polling place assigned to
7    serve that address (or consult any alternative tools
8    provided by the election authority for determining a
9    voter's correct precinct polling place) and instruct the
10    person to go to the proper polling place to vote.
11        (2) Once it has been determined by the election judges
12    that the person is entitled to receive a provisional
13    ballot, and the voter has completed the provisional voter
14    affidavit, the voter shall be given a provisional ballot
15    and shall proceed to vote that ballot. Upon receipt of the
16    ballot by the election judges, the ballot shall be
17    transmitted to the election authority in accordance with
18    subsection (a) of Section 18A-10 of this Code.
19        (3) In the event that a provisional ballot is
20    mistakenly cast in a precinct other than the precinct that
21    contains the voter's address of registration (if the voter
22    believed he or she registered in the precinct in which he
23    or she voted provisionally, and the election judges should
24    have, but did not direct the voter to vote in the correct
25    precinct), Section 218.20 shall apply.
26(Source: P.A. 98-1171, eff. 6-1-15.)
 

 

 

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1    (10 ILCS 5/2A-18 rep.)
2    Section 20. The Election Code is amended by repealing
3Section 2A-18.
 
4    Section 25. The Civil Administrative Code of Illinois is
5amended by changing Section 5-565 and by adding Section 5-566
6as follows:
 
7    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
8    Sec. 5-565. In the Department of Public Health.
9    (a) The General Assembly declares it to be the public
10policy of this State that all citizens of Illinois are entitled
11to lead healthy lives. Governmental public health has a
12specific responsibility to ensure that a public health system
13is in place to allow the public health mission to be achieved.
14The public health system is the collection of public, private,
15and voluntary entities as well as individuals and informal
16associations that contribute to the public's health within the
17State. To develop a public health system requires certain core
18functions to be performed by government. The State Board of
19Health is to assume the leadership role in advising the
20Director in meeting the following functions:
21        (1) Needs assessment.
22        (2) Statewide health objectives.
23        (3) Policy development.

 

 

HB4235- 22 -LRB101 15666 AWJ 65707 b

1        (4) Assurance of access to necessary services.
2    There shall be a State Board of Health composed of 20
3persons, all of whom shall be appointed by the Governor, with
4the advice and consent of the Senate for those appointed by the
5Governor on and after June 30, 1998, and one of whom shall be a
6senior citizen age 60 or over. Five members shall be physicians
7licensed to practice medicine in all its branches, one
8representing a medical school faculty, one who is board
9certified in preventive medicine, and one who is engaged in
10private practice. One member shall be a chiropractic physician.
11One member shall be a dentist; one an environmental health
12practitioner; one a local public health administrator; one a
13local board of health member; one a registered nurse; one a
14physical therapist; one an optometrist; one a veterinarian; one
15a public health academician; one a health care industry
16representative; one a representative of the business
17community; one a representative of the non-profit public
18interest community; and 2 shall be citizens at large.
19    The terms of Board of Health members shall be 3 years,
20except that members shall continue to serve on the Board of
21Health until a replacement is appointed. Upon the effective
22date of Public Act 93-975 (January 1, 2005) this amendatory Act
23of the 93rd General Assembly, in the appointment of the Board
24of Health members appointed to vacancies or positions with
25terms expiring on or before December 31, 2004, the Governor
26shall appoint up to 6 members to serve for terms of 3 years; up

 

 

HB4235- 23 -LRB101 15666 AWJ 65707 b

1to 6 members to serve for terms of 2 years; and up to 5 members
2to serve for a term of one year, so that the term of no more
3than 6 members expire in the same year. All members shall be
4legal residents of the State of Illinois. The duties of the
5Board shall include, but not be limited to, the following:
6        (1) To advise the Department of ways to encourage
7    public understanding and support of the Department's
8    programs.
9        (2) To evaluate all boards, councils, committees,
10    authorities, and bodies advisory to, or an adjunct of, the
11    Department of Public Health or its Director for the purpose
12    of recommending to the Director one or more of the
13    following:
14            (i) The elimination of bodies whose activities are
15        not consistent with goals and objectives of the
16        Department.
17            (ii) The consolidation of bodies whose activities
18        encompass compatible programmatic subjects.
19            (iii) The restructuring of the relationship
20        between the various bodies and their integration
21        within the organizational structure of the Department.
22            (iv) The establishment of new bodies deemed
23        essential to the functioning of the Department.
24        (3) To serve as an advisory group to the Director for
25    public health emergencies and control of health hazards.
26        (4) To advise the Director regarding public health

 

 

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1    policy, and to make health policy recommendations
2    regarding priorities to the Governor through the Director.
3        (5) To present public health issues to the Director and
4    to make recommendations for the resolution of those issues.
5        (6) To recommend studies to delineate public health
6    problems.
7        (7) To make recommendations to the Governor through the
8    Director regarding the coordination of State public health
9    activities with other State and local public health
10    agencies and organizations.
11        (8) To report on or before February 1 of each year on
12    the health of the residents of Illinois to the Governor,
13    the General Assembly, and the public.
14        (9) To review the final draft of all proposed
15    administrative rules, other than emergency or peremptory
16    preemptory rules and those rules that another advisory body
17    must approve or review within a statutorily defined time
18    period, of the Department after September 19, 1991 (the
19    effective date of Public Act 87-633). The Board shall
20    review the proposed rules within 90 days of submission by
21    the Department. The Department shall take into
22    consideration any comments and recommendations of the
23    Board regarding the proposed rules prior to submission to
24    the Secretary of State for initial publication. If the
25    Department disagrees with the recommendations of the
26    Board, it shall submit a written response outlining the

 

 

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1    reasons for not accepting the recommendations.
2        In the case of proposed administrative rules or
3    amendments to administrative rules regarding immunization
4    of children against preventable communicable diseases
5    designated by the Director under the Communicable Disease
6    Prevention Act, after the Immunization Advisory Committee
7    has made its recommendations, the Board shall conduct 3
8    public hearings, geographically distributed throughout the
9    State. At the conclusion of the hearings, the State Board
10    of Health shall issue a report, including its
11    recommendations, to the Director. The Director shall take
12    into consideration any comments or recommendations made by
13    the Board based on these hearings.
14        (10) To deliver to the Governor for presentation to the
15    General Assembly a State Health Improvement Plan. The first
16    3 such plans shall be delivered to the Governor on January
17    1, 2006, January 1, 2009, and January 1, 2016 and then
18    every 5 years thereafter.
19        The Plan shall recommend priorities and strategies to
20    improve the public health system and the health status of
21    Illinois residents, taking into consideration national
22    health objectives and system standards as frameworks for
23    assessment.
24        The Plan shall also take into consideration priorities
25    and strategies developed at the community level through the
26    Illinois Project for Local Assessment of Needs (IPLAN) and

 

 

HB4235- 26 -LRB101 15666 AWJ 65707 b

1    any regional health improvement plans that may be
2    developed. The Plan shall focus on prevention as a key
3    strategy for long-term health improvement in Illinois.
4        The Plan shall examine and make recommendations on the
5    contributions and strategies of the public and private
6    sectors for improving health status and the public health
7    system in the State. In addition to recommendations on
8    health status improvement priorities and strategies for
9    the population of the State as a whole, the Plan shall make
10    recommendations regarding priorities and strategies for
11    reducing and eliminating health disparities in Illinois;
12    including racial, ethnic, gender, age, socio-economic, and
13    geographic disparities.
14        The Director of the Illinois Department of Public
15    Health shall appoint a Planning Team that includes a range
16    of public, private, and voluntary sector stakeholders and
17    participants in the public health system. This Team shall
18    include: the directors of State agencies with public health
19    responsibilities (or their designees), including, but not
20    limited to, the Illinois Departments of Public Health and
21    Department of Human Services, representatives of local
22    health departments, representatives of local community
23    health partnerships, and individuals with expertise who
24    represent an array of organizations and constituencies
25    engaged in public health improvement and prevention.
26        The State Board of Health shall hold at least 3 public

 

 

HB4235- 27 -LRB101 15666 AWJ 65707 b

1    hearings addressing drafts of the Plan in representative
2    geographic areas of the State. Members of the Planning Team
3    shall receive no compensation for their services, but may
4    be reimbursed for their necessary expenses.
5        Upon the delivery of each State Health Improvement
6    Plan, the Governor shall appoint a SHIP Implementation
7    Coordination Council that includes a range of public,
8    private, and voluntary sector stakeholders and
9    participants in the public health system. The Council shall
10    include the directors of State agencies and entities with
11    public health system responsibilities (or their
12    designees), including, but not limited to, the Department
13    of Public Health, Department of Human Services, Department
14    of Healthcare and Family Services, Environmental
15    Protection Agency, Illinois State Board of Education,
16    Department on Aging, Illinois Violence Prevention
17    Authority, Department of Agriculture, Department of
18    Insurance, Department of Financial and Professional
19    Regulation, Department of Transportation, and Department
20    of Commerce and Economic Opportunity and the Chair of the
21    State Board of Health. The Council shall include
22    representatives of local health departments and
23    individuals with expertise who represent an array of
24    organizations and constituencies engaged in public health
25    improvement and prevention, including non-profit public
26    interest groups, health issue groups, faith community

 

 

HB4235- 28 -LRB101 15666 AWJ 65707 b

1    groups, health care providers, businesses and employers,
2    academic institutions, and community-based organizations.
3    The Governor shall endeavor to make the membership of the
4    Council representative of the racial, ethnic, gender,
5    socio-economic, and geographic diversity of the State. The
6    Governor shall designate one State agency representative
7    and one other non-governmental member as co-chairs of the
8    Council. The Governor shall designate a member of the
9    Governor's office to serve as liaison to the Council and
10    one or more State agencies to provide or arrange for
11    support to the Council. The members of the SHIP
12    Implementation Coordination Council for each State Health
13    Improvement Plan shall serve until the delivery of the
14    subsequent State Health Improvement Plan, whereupon a new
15    Council shall be appointed. Members of the SHIP Planning
16    Team may serve on the SHIP Implementation Coordination
17    Council if so appointed by the Governor.
18        The SHIP Implementation Coordination Council shall
19    coordinate the efforts and engagement of the public,
20    private, and voluntary sector stakeholders and
21    participants in the public health system to implement each
22    SHIP. The Council shall serve as a forum for collaborative
23    action; coordinate existing and new initiatives; develop
24    detailed implementation steps, with mechanisms for action;
25    implement specific projects; identify public and private
26    funding sources at the local, State and federal level;

 

 

HB4235- 29 -LRB101 15666 AWJ 65707 b

1    promote public awareness of the SHIP; advocate for the
2    implementation of the SHIP; and develop an annual report to
3    the Governor, General Assembly, and public regarding the
4    status of implementation of the SHIP. The Council shall
5    not, however, have the authority to direct any public or
6    private entity to take specific action to implement the
7    SHIP.
8        (11) Upon the request of the Governor, to recommend to
9    the Governor candidates for Director of Public Health when
10    vacancies occur in the position.
11        (12) To adopt bylaws for the conduct of its own
12    business, including the authority to establish ad hoc
13    committees to address specific public health programs
14    requiring resolution.
15        (13) (Blank).
16    Upon appointment, the Board shall elect a chairperson from
17among its members.
18    Members of the Board shall receive compensation for their
19services at the rate of $150 per day, not to exceed $10,000 per
20year, as designated by the Director for each day required for
21transacting the business of the Board and shall be reimbursed
22for necessary expenses incurred in the performance of their
23duties. The Board shall meet from time to time at the call of
24the Department, at the call of the chairperson, or upon the
25request of 3 of its members, but shall not meet less than 4
26times per year.

 

 

HB4235- 30 -LRB101 15666 AWJ 65707 b

1    (b) (Blank).
2    (c) An Advisory Board on Necropsy Service to Medical
3Examiners Coroners, which shall counsel and advise with the
4Director on the administration of the Autopsy Act. The Advisory
5Board shall consist of 11 members, including a senior citizen
6age 60 or over, appointed by the Governor, one of whom shall be
7designated as chairman by a majority of the members of the
8Board. In the appointment of the first Board the Governor shall
9appoint 3 members to serve for terms of 1 year, 3 for terms of 2
10years, and 3 for terms of 3 years. The members first appointed
11under Public Act 83-1538 shall serve for a term of 3 years. All
12members appointed thereafter shall be appointed for terms of 3
13years, except that when an appointment is made to fill a
14vacancy, the appointment shall be for the remaining term of the
15position vacant. The members of the Board shall be citizens of
16the State of Illinois. In the appointment of members of the
17Advisory Board the Governor shall appoint 3 members who shall
18be persons licensed to practice medicine and surgery in the
19State of Illinois, at least 2 of whom shall have received
20post-graduate training in the field of pathology; 3 members who
21are medical examiners duly elected coroners in this State; and
225 members who shall have interest and abilities in the field of
23forensic medicine but who shall be neither persons licensed to
24practice any branch of medicine in this State nor medical
25examiners coroners. In the appointment of medical and medical
26examiner coroner members of the Board, the Governor shall

 

 

HB4235- 31 -LRB101 15666 AWJ 65707 b

1invite nominations from recognized medical and medical
2examiner coroners organizations in this State respectively.
3Board members, while serving on business of the Board, shall
4receive actual necessary travel and subsistence expenses while
5so serving away from their places of residence.
6(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
7revised 7-17-19.)
 
8    (20 ILCS 5/5-566 new)
9    Sec. 5-566. Transition to Advisory Board on Necropsy
10Service to Medical Examiners. No later than November 30, 2021,
11the Governor shall appoint 3 medical examiners to the Board
12under subsection (c) of Section 5-565, designating for each
13appointment which coroner on the Board is being replaced, from
14the medical examiners appointed under subsection (a) of Section
153-3000 of the Counties Code. The terms of the medical examiners
16appointed under this Section shall expire at the same time of
17the coroner whom each medical examiner replaced. If all 3
18medical examiners are not appointed to the Board under this
19Section on or before November 30, 2021, the coroner or coroners
20on the Board who have not yet been replaced with a medical
21examiner on November 30, 2021 shall continue as Board members
22until medical examiners are appointed and qualified to replace
23them.
 
24    Section 30. The Illinois Act on the Aging is amended by

 

 

HB4235- 32 -LRB101 15666 AWJ 65707 b

1changing Section 4.04 as follows:
 
2    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
3    Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
4the Long Term Care Ombudsman Program is to ensure that older
5persons and persons with disabilities receive quality
6services. This is accomplished by providing advocacy services
7for residents of long term care facilities and participants
8receiving home care and community-based care. Managed care is
9increasingly becoming the vehicle for delivering health and
10long-term services and supports to seniors and persons with
11disabilities, including dual eligible participants. The
12additional ombudsman authority will allow advocacy services to
13be provided to Illinois participants for the first time and
14will produce a cost savings for the State of Illinois by
15supporting the rebalancing efforts of the Patient Protection
16and Affordable Care Act.
17    (a) Long Term Care Ombudsman Program. The Department shall
18establish a Long Term Care Ombudsman Program, through the
19Office of State Long Term Care Ombudsman ("the Office"), in
20accordance with the provisions of the Older Americans Act of
211965, as now or hereafter amended. The Long Term Care Ombudsman
22Program is authorized, subject to sufficient appropriations,
23to advocate on behalf of older persons and persons with
24disabilities residing in their own homes or community-based
25settings, relating to matters which may adversely affect the

 

 

HB4235- 33 -LRB101 15666 AWJ 65707 b

1health, safety, welfare, or rights of such individuals.
2    (b) Definitions. As used in this Section, unless the
3context requires otherwise:
4        (1) "Access" means the right to:
5            (i) Enter any long term care facility or assisted
6        living or shared housing establishment or supportive
7        living facility;
8            (ii) Communicate privately and without restriction
9        with any resident, regardless of age, who consents to
10        the communication;
11            (iii) Seek consent to communicate privately and
12        without restriction with any participant or resident,
13        regardless of age;
14            (iv) Inspect the clinical and other records of a
15        participant or resident, regardless of age, with the
16        express written consent of the participant or
17        resident;
18            (v) Observe all areas of the long term care
19        facility or supportive living facilities, assisted
20        living or shared housing establishment except the
21        living area of any resident who protests the
22        observation; and
23            (vi) Subject to permission of the participant or
24        resident requesting services or his or her
25        representative, enter a home or community-based
26        setting.

 

 

HB4235- 34 -LRB101 15666 AWJ 65707 b

1        (2) "Long Term Care Facility" means (i) any facility as
2    defined by Section 1-113 of the Nursing Home Care Act, as
3    now or hereafter amended; (ii) any skilled nursing facility
4    or a nursing facility which meets the requirements of
5    Section 1819(a), (b), (c), and (d) or Section 1919(a), (b),
6    (c), and (d) of the Social Security Act, as now or
7    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
8    and 42 U.S.C. 1396r(a), (b), (c), and (d)); (iii) any
9    facility as defined by Section 1-113 of the ID/DD Community
10    Care Act, as now or hereafter amended; (iv) any facility as
11    defined by Section 1-113 of MC/DD Act, as now or hereafter
12    amended; and (v) any facility licensed under Section 4-105
13    or 4-201 of the Specialized Mental Health Rehabilitation
14    Act of 2013, as now or hereafter amended.
15        (2.5) "Assisted living establishment" and "shared
16    housing establishment" have the meanings given those terms
17    in Section 10 of the Assisted Living and Shared Housing
18    Act.
19        (2.7) "Supportive living facility" means a facility
20    established under Section 5-5.01a of the Illinois Public
21    Aid Code.
22        (2.8) "Community-based setting" means any place of
23    abode other than an individual's private home.
24        (3) "State Long Term Care Ombudsman" means any person
25    employed by the Department to fulfill the requirements of
26    the Office of State Long Term Care Ombudsman as required

 

 

HB4235- 35 -LRB101 15666 AWJ 65707 b

1    under the Older Americans Act of 1965, as now or hereafter
2    amended, and Departmental policy.
3        (3.1) "Ombudsman" means any designated representative
4    of the State Long Term Care Ombudsman Program; provided
5    that the representative, whether he is paid for or
6    volunteers his ombudsman services, shall be qualified and
7    designated by the Office to perform the duties of an
8    ombudsman as specified by the Department in rules and in
9    accordance with the provisions of the Older Americans Act
10    of 1965, as now or hereafter amended.
11        (4) "Participant" means an older person aged 60 or over
12    or an adult with a disability aged 18 through 59 who is
13    eligible for services under any of the following:
14            (i) A medical assistance waiver administered by
15        the State.
16            (ii) A managed care organization providing care
17        coordination and other services to seniors and persons
18        with disabilities.
19        (5) "Resident" means an older person aged 60 or over or
20    an adult with a disability aged 18 through 59 who resides
21    in a long-term care facility.
22    (c) Ombudsman; rules. The Office of State Long Term Care
23Ombudsman shall be composed of at least one full-time ombudsman
24and shall include a system of designated regional long term
25care ombudsman programs. Each regional program shall be
26designated by the State Long Term Care Ombudsman as a

 

 

HB4235- 36 -LRB101 15666 AWJ 65707 b

1subdivision of the Office and any representative of a regional
2program shall be treated as a representative of the Office.
3    The Department, in consultation with the Office, shall
4promulgate administrative rules in accordance with the
5provisions of the Older Americans Act of 1965, as now or
6hereafter amended, to establish the responsibilities of the
7Department and the Office of State Long Term Care Ombudsman and
8the designated regional Ombudsman programs. The administrative
9rules shall include the responsibility of the Office and
10designated regional programs to investigate and resolve
11complaints made by or on behalf of residents of long term care
12facilities, supportive living facilities, and assisted living
13and shared housing establishments, and participants residing
14in their own homes or community-based settings, including the
15option to serve residents and participants under the age of 60,
16relating to actions, inaction, or decisions of providers, or
17their representatives, of such facilities and establishments,
18of public agencies, or of social services agencies, which may
19adversely affect the health, safety, welfare, or rights of such
20residents and participants. The Office and designated regional
21programs may represent all residents and participants, but are
22not required by this Act to represent persons under 60 years of
23age, except to the extent required by federal law. When
24necessary and appropriate, representatives of the Office shall
25refer complaints to the appropriate regulatory State agency.
26The Department, in consultation with the Office, shall

 

 

HB4235- 37 -LRB101 15666 AWJ 65707 b

1cooperate with the Department of Human Services and other State
2agencies in providing information and training to designated
3regional long term care ombudsman programs about the
4appropriate assessment and treatment (including information
5about appropriate supportive services, treatment options, and
6assessment of rehabilitation potential) of the participants
7they serve.
8    The State Long Term Care Ombudsman and all other ombudsmen,
9as defined in paragraph (3.1) of subsection (b) must submit to
10background checks under the Health Care Worker Background Check
11Act and receive training, as prescribed by the Illinois
12Department on Aging, before visiting facilities, private
13homes, or community-based settings. The training must include
14information specific to assisted living establishments,
15supportive living facilities, shared housing establishments,
16private homes, and community-based settings and to the rights
17of residents and participants guaranteed under the
18corresponding Acts and administrative rules.
19    (c-5) Consumer Choice Information Reports. The Office
20shall:
21        (1) In collaboration with the Attorney General, create
22    a Consumer Choice Information Report form to be completed
23    by all licensed long term care facilities to aid
24    Illinoisans and their families in making informed choices
25    about long term care. The Office shall create a Consumer
26    Choice Information Report for each type of licensed long

 

 

HB4235- 38 -LRB101 15666 AWJ 65707 b

1    term care facility. The Office shall collaborate with the
2    Attorney General and the Department of Human Services to
3    create a Consumer Choice Information Report form for
4    facilities licensed under the ID/DD Community Care Act or
5    the MC/DD Act.
6        (2) Develop a database of Consumer Choice Information
7    Reports completed by licensed long term care facilities
8    that includes information in the following consumer
9    categories:
10            (A) Medical Care, Services, and Treatment.
11            (B) Special Services and Amenities.
12            (C) Staffing.
13            (D) Facility Statistics and Resident Demographics.
14            (E) Ownership and Administration.
15            (F) Safety and Security.
16            (G) Meals and Nutrition.
17            (H) Rooms, Furnishings, and Equipment.
18            (I) Family, Volunteer, and Visitation Provisions.
19        (3) Make this information accessible to the public,
20    including on the Internet by means of a hyperlink labeled
21    "Resident's Right to Know" on the Office's World Wide Web
22    home page. Information about facilities licensed under the
23    ID/DD Community Care Act or the MC/DD Act shall be made
24    accessible to the public by the Department of Human
25    Services, including on the Internet by means of a hyperlink
26    labeled "Resident's and Families' Right to Know" on the

 

 

HB4235- 39 -LRB101 15666 AWJ 65707 b

1    Department of Human Services' "For Customers" website.
2        (4) Have the authority, with the Attorney General, to
3    verify that information provided by a facility is accurate.
4        (5) Request a new report from any licensed facility
5    whenever it deems necessary.
6        (6) Include in the Office's Consumer Choice
7    Information Report for each type of licensed long term care
8    facility additional information on each licensed long term
9    care facility in the State of Illinois, including
10    information regarding each facility's compliance with the
11    relevant State and federal statutes, rules, and standards;
12    customer satisfaction surveys; and information generated
13    from quality measures developed by the Centers for Medicare
14    and Medicaid Services.
15    (d) Access and visitation rights.
16        (1) In accordance with subparagraphs (A) and (E) of
17    paragraph (3) of subsection (c) of Section 1819 and
18    subparagraphs (A) and (E) of paragraph (3) of subsection
19    (c) of Section 1919 of the Social Security Act, as now or
20    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
21    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
22    Older Americans Act of 1965, as now or hereafter amended
23    (42 U.S.C. 3058f), a long term care facility, supportive
24    living facility, assisted living establishment, and shared
25    housing establishment must:
26            (i) permit immediate access to any resident,

 

 

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1        regardless of age, by a designated ombudsman;
2            (ii) permit representatives of the Office, with
3        the permission of the resident's legal representative
4        or legal guardian, to examine a resident's clinical and
5        other records, regardless of the age of the resident,
6        and if a resident is unable to consent to such review,
7        and has no legal guardian, permit representatives of
8        the Office appropriate access, as defined by the
9        Department, in consultation with the Office, in
10        administrative rules, to the resident's records; and
11            (iii) permit a representative of the Program to
12        communicate privately and without restriction with any
13        participant who consents to the communication
14        regardless of the consent of, or withholding of consent
15        by, a legal guardian or an agent named in a power of
16        attorney executed by the participant.
17        (2) Each long term care facility, supportive living
18    facility, assisted living establishment, and shared
19    housing establishment shall display, in multiple,
20    conspicuous public places within the facility accessible
21    to both visitors and residents and in an easily readable
22    format, the address and phone number of the Office of the
23    Long Term Care Ombudsman, in a manner prescribed by the
24    Office.
25    (e) Immunity. An ombudsman or any representative of the
26Office participating in the good faith performance of his or

 

 

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1her official duties shall have immunity from any liability
2(civil, criminal or otherwise) in any proceedings (civil,
3criminal or otherwise) brought as a consequence of the
4performance of his official duties.
5    (f) Business offenses.
6        (1) No person shall:
7            (i) Intentionally prevent, interfere with, or
8        attempt to impede in any way any representative of the
9        Office in the performance of his official duties under
10        this Act and the Older Americans Act of 1965; or
11            (ii) Intentionally retaliate, discriminate
12        against, or effect reprisals against any long term care
13        facility resident or employee for contacting or
14        providing information to any representative of the
15        Office.
16        (2) A violation of this Section is a business offense,
17    punishable by a fine not to exceed $501.
18        (3) The State Long Term Care Ombudsman shall notify the
19    State's Attorney of the county in which the long term care
20    facility, supportive living facility, or assisted living
21    or shared housing establishment is located, or the Attorney
22    General, of any violations of this Section.
23    (g) Confidentiality of records and identities. The
24Department shall establish procedures for the disclosure by the
25State Ombudsman or the regional ombudsmen entities of files
26maintained by the program. The procedures shall provide that

 

 

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1the files and records may be disclosed only at the discretion
2of the State Long Term Care Ombudsman or the person designated
3by the State Ombudsman to disclose the files and records, and
4the procedures shall prohibit the disclosure of the identity of
5any complainant, resident, participant, witness, or employee
6of a long term care provider unless:
7        (1) the complainant, resident, participant, witness,
8    or employee of a long term care provider or his or her
9    legal representative consents to the disclosure and the
10    consent is in writing;
11        (2) the complainant, resident, participant, witness,
12    or employee of a long term care provider gives consent
13    orally; and the consent is documented contemporaneously in
14    writing in accordance with such requirements as the
15    Department shall establish; or
16        (3) the disclosure is required by court order.
17    (h) Legal representation. The Attorney General shall
18provide legal representation to any representative of the
19Office against whom suit or other legal action is brought in
20connection with the performance of the representative's
21official duties, in accordance with the State Employee
22Indemnification Act.
23    (i) Treatment by prayer and spiritual means. Nothing in
24this Act shall be construed to authorize or require the medical
25supervision, regulation or control of remedial care or
26treatment of any resident in a long term care facility operated

 

 

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1exclusively by and for members or adherents of any church or
2religious denomination the tenets and practices of which
3include reliance solely upon spiritual means through prayer for
4healing.
5    (j) The Long Term Care Ombudsman Fund is created as a
6special fund in the State treasury to receive moneys for the
7express purposes of this Section. All interest earned on moneys
8in the fund shall be credited to the fund. Moneys contained in
9the fund shall be used to support the purposes of this Section.
10    (k) Each Regional Ombudsman may, in accordance with rules
11promulgated by the Office, establish a multi-disciplinary team
12to act in an advisory role for the purpose of providing
13professional knowledge and expertise in handling complex
14abuse, neglect, and advocacy issues involving participants.
15Each multi-disciplinary team may consist of one or more
16volunteer representatives from any combination of at least 7
17members from the following professions: banking or finance;
18disability care; health care; pharmacology; law; law
19enforcement; emergency responder; mental health care; clergy;
20coroner or medical examiner; substance abuse; domestic
21violence; sexual assault; or other related fields. To support
22multi-disciplinary teams in this role, law enforcement
23agencies and coroners or medical examiners shall supply records
24as may be requested in particular cases. The Regional
25Ombudsman, or his or her designee, of the area in which the
26multi-disciplinary team is created shall be the facilitator of

 

 

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1the multi-disciplinary team.
2(Source: P.A. 98-380, eff. 8-16-13; 98-989, eff. 1-1-15;
399-180, eff. 7-29-15; 99-712, eff. 8-5-16.)
 
4    Section 35. The Child Death Review Team Act is amended by
5changing Sections 15, 20, 25, and 40 as follows:
 
6    (20 ILCS 515/15)
7    Sec. 15. Child death review teams; establishment.
8    (a) The Inspector General of the Department, in
9consultation and cooperation with the Executive Council, law
10enforcement, and other professionals who work in the field of
11investigating, treating, or preventing child abuse or neglect
12in that subregion, shall appoint members to a child death
13review team in each of the Department's administrative
14subregions of the State outside Cook County and at least one
15child death review team in Cook County. The members of a team
16shall be appointed for 2-year terms and shall be eligible for
17reappointment upon the expiration of the terms. The Inspector
18General of the Department must fill any vacancy in a team
19within 60 days after that vacancy occurs.
20    (b) Each child death review team shall consist of at least
21one member from each of the following categories:
22        (1) Pediatrician or other physician knowledgeable
23    about child abuse and neglect.
24        (2) Representative of the Department.

 

 

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1        (3) State's attorney or State's attorney's
2    representative.
3        (4) Representative of a local law enforcement agency.
4        (5) Psychologist or psychiatrist.
5        (6) Representative of a local health department.
6        (7) Representative of a school district or other
7    education or child care interests.
8        (8) Medical examiner Coroner or forensic pathologist.
9        (9) Representative of a child welfare agency or child
10    advocacy organization.
11        (10) Representative of a local hospital, trauma
12    center, or provider of emergency medical services.
13        (11) Representative of the Department of State Police.
14        (12) Representative of the Department of Public
15    Health.
16    Each child death review team may make recommendations to
17the Inspector General of the Department concerning additional
18appointments. In the event of a disagreement, the Executive
19Council's decision shall control.
20    Each child death review team member must have demonstrated
21experience and an interest in investigating, treating, or
22preventing child abuse or neglect.
23    (c) Each child death review team shall select a chairperson
24and vice-chairperson from among its members. The chairperson
25shall also serve on the Illinois Child Death Review Teams
26Executive Council. The vice-chairperson may also serve on the

 

 

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1Illinois Child Death Review Teams Executive Council, but shall
2not have a vote on child death review team business unless the
3chairperson is unable to attend a meeting.
4    (d) The child death review teams shall be funded under a
5separate line item in the Department's annual budget.
6    (e) The Department shall provide at least one full-time
7Statewide Department of Children and Family Services Liaison
8who shall attend all child death review team meetings, all
9Executive meetings, all Executive Council meetings, and
10meetings between the Director and the Executive Council.
11(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
 
12    (20 ILCS 515/20)
13    Sec. 20. Reviews of child deaths.
14    (a) Every child death shall be reviewed by the team in the
15subregion which has primary case management responsibility.
16The deceased child must be one of the following:
17        (1) A youth in care.
18        (2) The subject of an open service case maintained by
19    the Department.
20        (3) The subject of a pending child abuse or neglect
21    investigation.
22        (4) A child who was the subject of an abuse or neglect
23    investigation at any time during the 12 months preceding
24    the child's death.
25        (5) Any other child whose death is reported to the

 

 

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1    State central register as a result of alleged child abuse
2    or neglect which report is subsequently indicated.
3    A child death review team may, at its discretion, review
4other sudden, unexpected, or unexplained child deaths, cases of
5serious or fatal injuries to a child identified under the
6Children's Advocacy Center Act, and all unfounded child death
7cases.
8    (b) A child death review team's purpose in conducting
9reviews of child deaths is to do the following:
10        (1) Assist in determining the cause and manner of the
11    child's death, when requested.
12        (2) Evaluate means by which the death might have been
13    prevented.
14        (3) Report its findings to appropriate agencies and
15    make recommendations that may help to reduce the number of
16    child deaths caused by abuse or neglect.
17        (4) Promote continuing education for professionals
18    involved in investigating, treating, and preventing child
19    abuse and neglect as a means of preventing child deaths due
20    to abuse or neglect.
21        (5) Make specific recommendations to the Director and
22    the Inspector General of the Department concerning the
23    prevention of child deaths due to abuse or neglect and the
24    establishment of protocols for investigating child deaths.
25    (c) A child death review team shall review a child death as
26soon as practical and not later than 90 days following the

 

 

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1completion by the Department of the investigation of the death
2under the Abused and Neglected Child Reporting Act. When there
3has been no investigation by the Department, the child death
4review team shall review a child's death within 90 days after
5obtaining the information necessary to complete the review from
6the coroner, pathologist, medical examiner, or law enforcement
7agency, depending on the nature of the case. A child death
8review team shall meet at least once in each calendar quarter.
9    (d) The Director shall, within 90 days, review and reply to
10recommendations made by a team under item (5) of subsection
11(b). With respect to each recommendation made by a team, the
12Director shall submit his or her reply both to the chairperson
13of that team and to the chairperson of the Executive Council.
14The Director's reply to each recommendation must include a
15statement as to whether the Director intends to implement the
16recommendation. The Director shall meet in person with the
17Executive Council at least every 60 days to discuss
18recommendations and the Department's responses.
19    The Director shall implement recommendations as feasible
20and appropriate and shall respond in writing to explain the
21implementation or nonimplementation of the recommendations.
22    (e) Within 90 days after the Director submits a reply with
23respect to a recommendation as required by subsection (d), the
24Director must submit an additional report that sets forth in
25detail the way, if any, in which the Director will implement
26the recommendation and the schedule for implementing the

 

 

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1recommendation. The Director shall submit this report to the
2chairperson of the team that made the recommendation and to the
3chairperson of the Executive Council.
4    (f) Within 180 days after the Director submits a report
5under subsection (e) concerning the implementation of a
6recommendation, the Director shall submit a further report to
7the chairperson of the team that made the recommendation and to
8the chairperson of the Executive Council. This report shall set
9forth the specific changes in the Department's policies and
10procedures that have been made in response to the
11recommendation.
12(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
 
13    (20 ILCS 515/25)
14    Sec. 25. Team access to information.
15    (a) No later than 21 days prior to a child death review
16team meeting, the Department shall provide to a child death
17review team and its staff all records and information in the
18Department's possession that are relevant to the team's review
19of a child death, including records and information concerning
20previous reports or investigations of suspected child abuse or
21neglect, all records and information from the Statewide
22Automated Child Welfare Information System or from any other
23database maintained by the Department, and all documents,
24including, but not limited to, police reports and medical
25information.

 

 

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1    (b) A child death review team shall have access to all
2records and information that are relevant to its review of a
3child death and in the possession of a State or local
4governmental agency, including, but not limited to,
5information gained through the Child Advocacy Center protocol
6for cases of serious or fatal injury to a child. These records
7and information include, without limitation, birth
8certificates, all relevant medical and mental health records,
9records of law enforcement agency investigations, records of
10coroner or medical examiner investigations, records of the
11Department of Corrections and Department of Juvenile Justice
12concerning a person's parole or aftercare release, records of a
13probation and court services department, and records of a
14social services agency that provided services to the child or
15the child's family.
16    (c) Child death review team staff must have full access to
17the Statewide Automated Child Welfare Information System, any
18other child welfare database maintained by the Department, and
19any child death certificates held by the Office of Vital
20Records within the Department of Public Health.
21(Source: P.A. 100-1122, eff. 11-27-18.)
 
22    (20 ILCS 515/40)
23    Sec. 40. Illinois Child Death Review Teams Executive
24Council.
25    (a) The Illinois Child Death Review Teams Executive

 

 

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1Council, consisting of the chairpersons of the 9 child death
2review teams in Illinois, is the coordinating and oversight
3body for child death review teams and activities in Illinois.
4The vice-chairperson of a child death review team, as
5designated by the chairperson, may serve as a back-up member or
6an alternate member of the Executive Council, if the
7chairperson of the child death review team is unavailable to
8serve on the Executive Council. The Inspector General of the
9Department, ex officio, is a non-voting member of the Executive
10Council. The Inspector General of the Department may appoint to
11the Executive Council any additional ex-officio members deemed
12necessary. Persons with expertise needed by the Executive
13Council may be invited to meetings. The Executive Council must
14select from its members a chairperson and a vice-chairperson,
15each to serve a 2-year, renewable term.
16    The Executive Council must meet at least 4 times during
17each calendar year. At each such meeting, in addition to any
18other matters under consideration, the Executive Council shall
19review all replies and reports received from the Director
20pursuant to subsections (d), (e), and (f) of Section 20 since
21the Executive Council's previous meeting. The Executive
22Council's review must include consideration of the Director's
23proposed manner of and schedule for implementing each
24recommendation made by a child death review team.
25    (b) The Department must provide or arrange for the staff
26support necessary for the Executive Council to carry out its

 

 

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1duties. This includes a full-time Executive Director and
2support staff person. The Inspector General of the Department,
3in cooperation and consultation with the Executive Council,
4shall appoint, reappoint, and remove team members. In the event
5of a disagreement, the Executive Council's decision shall
6control. From funds available, the Director may select from a
7list of 2 or more candidates recommended by the Executive
8Council to serve as the Child Death Review Teams Executive
9Director. The Child Death Review Teams Executive Director shall
10oversee the operations of the child death review teams and
11shall report directly to the Executive Council.
12    (c) The Executive Council has, but is not limited to, the
13following duties:
14        (1) To serve as the voice of child death review teams
15    in Illinois.
16        (2) To oversee the regional teams in order to ensure
17    that the teams' work is coordinated and in compliance with
18    the statutes and the operating protocol.
19        (3) To ensure that the data, results, findings, and
20    recommendations of the teams are adequately used to make
21    any necessary changes in the policies, procedures, and
22    statutes in order to protect children in a timely manner.
23        (4) To collaborate with the General Assembly, the
24    Department, and others in order to develop any legislation
25    needed to prevent child fatalities and to protect children.
26        (5) To assist in the development of quarterly and

 

 

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1    annual reports based on the work and the findings of the
2    teams.
3        (6) To ensure that the regional teams' review processes
4    are standardized in order to convey data, findings, and
5    recommendations in a usable format.
6        (7) To serve as a link with child death review teams
7    throughout the country and to participate in national child
8    death review team activities.
9        (8) To develop an annual statewide symposium to update
10    the knowledge and skills of child death review team members
11    and to promote the exchange of information between teams.
12        (9) To provide the child death review teams with the
13    most current information and practices concerning child
14    death review and related topics.
15        (10) To perform any other functions necessary to
16    enhance the capability of the child death review teams to
17    reduce and prevent child injuries and fatalities.
18    (c-5) The Executive Council shall prepare an annual report.
19The report must include, but need not be limited to, (i) each
20recommendation made by a child death review team pursuant to
21item (5) of subsection (b) of Section 20 during the period
22covered by the report, (ii) the Director's proposed schedule
23for implementing each such recommendation, and (iii) a
24description of the specific changes in the Department's
25policies and procedures that have been made in response to the
26recommendation. The Executive Council shall send a copy of its

 

 

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1annual report to each of the following:
2        (1) The Governor.
3        (2) Each member of the Senate or the House of
4    Representatives, county coroners and medical examiners,
5    and State's Attorneys, in the sole discretion of the
6    Executive Council.
7        (3) Each member of each child death review team in the
8    State.
9    (d) In any instance when a child death review team does not
10operate in accordance with established protocol, the Director,
11in consultation and cooperation with the Executive Council,
12must take any necessary actions to bring the team into
13compliance with the protocol.
14(Source: P.A. 100-1122, eff. 11-27-18.)
 
15    Section 40. The Department of Human Services Act is amended
16by changing Section 1-17 as follows:
 
17    (20 ILCS 1305/1-17)
18    Sec. 1-17. Inspector General.
19    (a) Nature and purpose. It is the express intent of the
20General Assembly to ensure the health, safety, and financial
21condition of individuals receiving services in this State due
22to mental illness, developmental disability, or both by
23protecting those persons from acts of abuse, neglect, or both
24by service providers. To that end, the Office of the Inspector

 

 

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1General for the Department of Human Services is created to
2investigate and report upon allegations of the abuse, neglect,
3or financial exploitation of individuals receiving services
4within mental health facilities, developmental disabilities
5facilities, and community agencies operated, licensed, funded,
6or certified by the Department of Human Services, but not
7licensed or certified by any other State agency.
8    (b) Definitions. The following definitions apply to this
9Section:
10    "Adult student with a disability" means an adult student,
11age 18 through 21, inclusive, with an Individual Education
12Program, other than a resident of a facility licensed by the
13Department of Children and Family Services in accordance with
14the Child Care Act of 1969. For purposes of this definition,
15"through age 21, inclusive", means through the day before the
16student's 22nd birthday.
17    "Agency" or "community agency" means (i) a community agency
18licensed, funded, or certified by the Department, but not
19licensed or certified by any other human services agency of the
20State, to provide mental health service or developmental
21disabilities service, or (ii) a program licensed, funded, or
22certified by the Department, but not licensed or certified by
23any other human services agency of the State, to provide mental
24health service or developmental disabilities service.
25    "Aggravating circumstance" means a factor that is
26attendant to a finding and that tends to compound or increase

 

 

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1the culpability of the accused.
2    "Allegation" means an assertion, complaint, suspicion, or
3incident involving any of the following conduct by an employee,
4facility, or agency against an individual or individuals:
5mental abuse, physical abuse, sexual abuse, neglect, or
6financial exploitation.
7    "Day" means working day, unless otherwise specified.
8    "Deflection" means a situation in which an individual is
9presented for admission to a facility or agency, and the
10facility staff or agency staff do not admit the individual.
11"Deflection" includes triage, redirection, and denial of
12admission.
13    "Department" means the Department of Human Services.
14    "Developmental disability" means "developmental
15disability" as defined in the Mental Health and Developmental
16Disabilities Code.
17    "Egregious neglect" means a finding of neglect as
18determined by the Inspector General that (i) represents a gross
19failure to adequately provide for, or a callused indifference
20to, the health, safety, or medical needs of an individual and
21(ii) results in an individual's death or other serious
22deterioration of an individual's physical condition or mental
23condition.
24    "Employee" means any person who provides services at the
25facility or agency on-site or off-site. The service
26relationship can be with the individual or with the facility or

 

 

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1agency. Also, "employee" includes any employee or contractual
2agent of the Department of Human Services or the community
3agency involved in providing or monitoring or administering
4mental health or developmental disability services. This
5includes but is not limited to: owners, operators, payroll
6personnel, contractors, subcontractors, and volunteers.
7    "Facility" or "State-operated facility" means a mental
8health facility or developmental disabilities facility
9operated by the Department.
10    "Financial exploitation" means taking unjust advantage of
11an individual's assets, property, or financial resources
12through deception, intimidation, or conversion for the
13employee's, facility's, or agency's own advantage or benefit.
14    "Finding" means the Office of Inspector General's
15determination regarding whether an allegation is
16substantiated, unsubstantiated, or unfounded.
17    "Health Care Worker Registry" or "Registry" means the
18Health Care Worker Registry under the Health Care Worker
19Background Check Act.
20    "Individual" means any person receiving mental health
21service, developmental disabilities service, or both from a
22facility or agency, while either on-site or off-site.
23    "Mental abuse" means the use of demeaning, intimidating, or
24threatening words, signs, gestures, or other actions by an
25employee about an individual and in the presence of an
26individual or individuals that results in emotional distress or

 

 

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1maladaptive behavior, or could have resulted in emotional
2distress or maladaptive behavior, for any individual present.
3    "Mental illness" means "mental illness" as defined in the
4Mental Health and Developmental Disabilities Code.
5    "Mentally ill" means having a mental illness.
6    "Mitigating circumstance" means a condition that (i) is
7attendant to a finding, (ii) does not excuse or justify the
8conduct in question, but (iii) may be considered in evaluating
9the severity of the conduct, the culpability of the accused, or
10both the severity of the conduct and the culpability of the
11accused.
12    "Neglect" means an employee's, agency's, or facility's
13failure to provide adequate medical care, personal care, or
14maintenance and that, as a consequence, (i) causes an
15individual pain, injury, or emotional distress, (ii) results in
16either an individual's maladaptive behavior or the
17deterioration of an individual's physical condition or mental
18condition, or (iii) places the individual's health or safety at
19substantial risk.
20    "Person with a developmental disability" means a person
21having a developmental disability.
22    "Physical abuse" means an employee's non-accidental and
23inappropriate contact with an individual that causes bodily
24harm. "Physical abuse" includes actions that cause bodily harm
25as a result of an employee directing an individual or person to
26physically abuse another individual.

 

 

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1    "Recommendation" means an admonition, separate from a
2finding, that requires action by the facility, agency, or
3Department to correct a systemic issue, problem, or deficiency
4identified during an investigation.
5    "Required reporter" means any employee who suspects,
6witnesses, or is informed of an allegation of any one or more
7of the following: mental abuse, physical abuse, sexual abuse,
8neglect, or financial exploitation.
9    "Secretary" means the Chief Administrative Officer of the
10Department.
11    "Sexual abuse" means any sexual contact or intimate
12physical contact between an employee and an individual,
13including an employee's coercion or encouragement of an
14individual to engage in sexual behavior that results in sexual
15contact, intimate physical contact, sexual behavior, or
16intimate physical behavior. Sexual abuse also includes (i) an
17employee's actions that result in the sending or showing of
18sexually explicit images to an individual via computer,
19cellular phone, electronic mail, portable electronic device,
20or other media with or without contact with the individual or
21(ii) an employee's posting of sexually explicit images of an
22individual online or elsewhere whether or not there is contact
23with the individual.
24    "Sexually explicit images" includes, but is not limited to,
25any material which depicts nudity, sexual conduct, or
26sado-masochistic abuse, or which contains explicit and

 

 

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1detailed verbal descriptions or narrative accounts of sexual
2excitement, sexual conduct, or sado-masochistic abuse.
3    "Substantiated" means there is a preponderance of the
4evidence to support the allegation.
5    "Unfounded" means there is no credible evidence to support
6the allegation.
7    "Unsubstantiated" means there is credible evidence, but
8less than a preponderance of evidence to support the
9allegation.
10    (c) Appointment. The Governor shall appoint, and the Senate
11shall confirm, an Inspector General. The Inspector General
12shall be appointed for a term of 4 years and shall function
13within the Department of Human Services and report to the
14Secretary and the Governor.
15    (d) Operation and appropriation. The Inspector General
16shall function independently within the Department with
17respect to the operations of the Office, including the
18performance of investigations and issuance of findings and
19recommendations. The appropriation for the Office of Inspector
20General shall be separate from the overall appropriation for
21the Department.
22    (e) Powers and duties. The Inspector General shall
23investigate reports of suspected mental abuse, physical abuse,
24sexual abuse, neglect, or financial exploitation of
25individuals in any mental health or developmental disabilities
26facility or agency and shall have authority to take immediate

 

 

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1action to prevent any one or more of the following from
2happening to individuals under its jurisdiction: mental abuse,
3physical abuse, sexual abuse, neglect, or financial
4exploitation. Upon written request of an agency of this State,
5the Inspector General may assist another agency of the State in
6investigating reports of the abuse, neglect, or abuse and
7neglect of persons with mental illness, persons with
8developmental disabilities, or persons with both. To comply
9with the requirements of subsection (k) of this Section, the
10Inspector General shall also review all reportable deaths for
11which there is no allegation of abuse or neglect. Nothing in
12this Section shall preempt any duties of the Medical Review
13Board set forth in the Mental Health and Developmental
14Disabilities Code. The Inspector General shall have no
15authority to investigate alleged violations of the State
16Officials and Employees Ethics Act. Allegations of misconduct
17under the State Officials and Employees Ethics Act shall be
18referred to the Office of the Governor's Executive Inspector
19General for investigation.
20    (f) Limitations. The Inspector General shall not conduct an
21investigation within an agency or facility if that
22investigation would be redundant to or interfere with an
23investigation conducted by another State agency. The Inspector
24General shall have no supervision over, or involvement in, the
25routine programmatic, licensing, funding, or certification
26operations of the Department. Nothing in this subsection limits

 

 

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1investigations by the Department that may otherwise be required
2by law or that may be necessary in the Department's capacity as
3central administrative authority responsible for the operation
4of the State's mental health and developmental disabilities
5facilities.
6    (g) Rulemaking authority. The Inspector General shall
7promulgate rules establishing minimum requirements for
8reporting allegations as well as for initiating, conducting,
9and completing investigations based upon the nature of the
10allegation or allegations. The rules shall clearly establish
11that if 2 or more State agencies could investigate an
12allegation, the Inspector General shall not conduct an
13investigation that would be redundant to, or interfere with, an
14investigation conducted by another State agency. The rules
15shall further clarify the method and circumstances under which
16the Office of Inspector General may interact with the
17licensing, funding, or certification units of the Department in
18preventing further occurrences of mental abuse, physical
19abuse, sexual abuse, neglect, egregious neglect, and financial
20exploitation.
21    (h) Training programs. The Inspector General shall (i)
22establish a comprehensive program to ensure that every person
23authorized to conduct investigations receives ongoing training
24relative to investigation techniques, communication skills,
25and the appropriate means of interacting with persons receiving
26treatment for mental illness, developmental disability, or

 

 

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1both mental illness and developmental disability, and (ii)
2establish and conduct periodic training programs for facility
3and agency employees concerning the prevention and reporting of
4any one or more of the following: mental abuse, physical abuse,
5sexual abuse, neglect, egregious neglect, or financial
6exploitation. The Inspector General shall further ensure (i)
7every person authorized to conduct investigations at community
8agencies receives ongoing training in Title 59, Parts 115, 116,
9and 119 of the Illinois Administrative Code, and (ii) every
10person authorized to conduct investigations shall receive
11ongoing training in Title 59, Part 50 of the Illinois
12Administrative Code. Nothing in this Section shall be deemed to
13prevent the Office of Inspector General from conducting any
14other training as determined by the Inspector General to be
15necessary or helpful.
16    (i) Duty to cooperate.
17        (1) The Inspector General shall at all times be granted
18    access to any facility or agency for the purpose of
19    investigating any allegation, conducting unannounced site
20    visits, monitoring compliance with a written response, or
21    completing any other statutorily assigned duty. The
22    Inspector General shall conduct unannounced site visits to
23    each facility at least annually for the purpose of
24    reviewing and making recommendations on systemic issues
25    relative to preventing, reporting, investigating, and
26    responding to all of the following: mental abuse, physical

 

 

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1    abuse, sexual abuse, neglect, egregious neglect, or
2    financial exploitation.
3        (2) Any employee who fails to cooperate with an Office
4    of the Inspector General investigation is in violation of
5    this Act. Failure to cooperate with an investigation
6    includes, but is not limited to, any one or more of the
7    following: (i) creating and transmitting a false report to
8    the Office of the Inspector General hotline, (ii) providing
9    false information to an Office of the Inspector General
10    Investigator during an investigation, (iii) colluding with
11    other employees to cover up evidence, (iv) colluding with
12    other employees to provide false information to an Office
13    of the Inspector General investigator, (v) destroying
14    evidence, (vi) withholding evidence, or (vii) otherwise
15    obstructing an Office of the Inspector General
16    investigation. Additionally, any employee who, during an
17    unannounced site visit or written response compliance
18    check, fails to cooperate with requests from the Office of
19    the Inspector General is in violation of this Act.
20    (j) Subpoena powers. The Inspector General shall have the
21power to subpoena witnesses and compel the production of all
22documents and physical evidence relating to his or her
23investigations and any hearings authorized by this Act. This
24subpoena power shall not extend to persons or documents of a
25labor organization or its representatives insofar as the
26persons are acting in a representative capacity to an employee

 

 

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1whose conduct is the subject of an investigation or the
2documents relate to that representation. Any person who
3otherwise fails to respond to a subpoena or who knowingly
4provides false information to the Office of the Inspector
5General by subpoena during an investigation is guilty of a
6Class A misdemeanor.
7    (k) Reporting allegations and deaths.
8        (1) Allegations. If an employee witnesses, is told of,
9    or has reason to believe an incident of mental abuse,
10    physical abuse, sexual abuse, neglect, or financial
11    exploitation has occurred, the employee, agency, or
12    facility shall report the allegation by phone to the Office
13    of the Inspector General hotline according to the agency's
14    or facility's procedures, but in no event later than 4
15    hours after the initial discovery of the incident,
16    allegation, or suspicion of any one or more of the
17    following: mental abuse, physical abuse, sexual abuse,
18    neglect, or financial exploitation. A required reporter as
19    defined in subsection (b) of this Section who knowingly or
20    intentionally fails to comply with these reporting
21    requirements is guilty of a Class A misdemeanor.
22        (2) Deaths. Absent an allegation, a required reporter
23    shall, within 24 hours after initial discovery, report by
24    phone to the Office of the Inspector General hotline each
25    of the following:
26            (i) Any death of an individual occurring within 14

 

 

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1        calendar days after discharge or transfer of the
2        individual from a residential program or facility.
3            (ii) Any death of an individual occurring within 24
4        hours after deflection from a residential program or
5        facility.
6            (iii) Any other death of an individual occurring at
7        an agency or facility or at any Department-funded site.
8        (3) Retaliation. It is a violation of this Act for any
9    employee or administrator of an agency or facility to take
10    retaliatory action against an employee who acts in good
11    faith in conformance with his or her duties as a required
12    reporter.
13    (l) Reporting to law enforcement.
14        (1) Reporting criminal acts. Within 24 hours after
15    determining that there is credible evidence indicating
16    that a criminal act may have been committed or that special
17    expertise may be required in an investigation, the
18    Inspector General shall notify the Department of State
19    Police or other appropriate law enforcement authority, or
20    ensure that such notification is made. The Department of
21    State Police shall investigate any report from a
22    State-operated facility indicating a possible murder,
23    sexual assault, or other felony by an employee. All
24    investigations conducted by the Inspector General shall be
25    conducted in a manner designed to ensure the preservation
26    of evidence for possible use in a criminal prosecution.

 

 

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1        (2) Reporting allegations of adult students with
2    disabilities. Upon receipt of a reportable allegation
3    regarding an adult student with a disability, the
4    Department's Office of the Inspector General shall
5    determine whether the allegation meets the criteria for the
6    Domestic Abuse Program under the Abuse of Adults with
7    Disabilities Intervention Act. If the allegation is
8    reportable to that program, the Office of the Inspector
9    General shall initiate an investigation. If the allegation
10    is not reportable to the Domestic Abuse Program, the Office
11    of the Inspector General shall make an expeditious referral
12    to the respective law enforcement entity. If the alleged
13    victim is already receiving services from the Department,
14    the Office of the Inspector General shall also make a
15    referral to the respective Department of Human Services'
16    Division or Bureau.
17    (m) Investigative reports. Upon completion of an
18investigation, the Office of Inspector General shall issue an
19investigative report identifying whether the allegations are
20substantiated, unsubstantiated, or unfounded. Within 10
21business days after the transmittal of a completed
22investigative report substantiating an allegation, finding an
23allegation is unsubstantiated, or if a recommendation is made,
24the Inspector General shall provide the investigative report on
25the case to the Secretary and to the director of the facility
26or agency where any one or more of the following occurred:

 

 

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1mental abuse, physical abuse, sexual abuse, neglect, egregious
2neglect, or financial exploitation. The director of the
3facility or agency shall be responsible for maintaining the
4confidentiality of the investigative report consistent with
5State and federal law. In a substantiated case, the
6investigative report shall include any mitigating or
7aggravating circumstances that were identified during the
8investigation. If the case involves substantiated neglect, the
9investigative report shall also state whether egregious
10neglect was found. An investigative report may also set forth
11recommendations. All investigative reports prepared by the
12Office of the Inspector General shall be considered
13confidential and shall not be released except as provided by
14the law of this State or as required under applicable federal
15law. Unsubstantiated and unfounded reports shall not be
16disclosed except as allowed under Section 6 of the Abused and
17Neglected Long Term Care Facility Residents Reporting Act. Raw
18data used to compile the investigative report shall not be
19subject to release unless required by law or a court order.
20"Raw data used to compile the investigative report" includes,
21but is not limited to, any one or more of the following: the
22initial complaint, witness statements, photographs,
23investigator's notes, police reports, or incident reports. If
24the allegations are substantiated, the victim, the victim's
25guardian, and the accused shall be provided with a redacted
26copy of the investigative report. Death reports where there was

 

 

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1no allegation of abuse or neglect shall only be released
2pursuant to applicable State or federal law or a valid court
3order. Unredacted investigative reports, as well as raw data,
4may be shared with a local law enforcement entity, a State's
5Attorney's office, or a county medical examiner's coroner's
6office upon written request.
7    (n) Written responses, clarification requests, and
8reconsideration requests.
9        (1) Written responses. Within 30 calendar days from
10    receipt of a substantiated investigative report or an
11    investigative report which contains recommendations,
12    absent a reconsideration request, the facility or agency
13    shall file a written response that addresses, in a concise
14    and reasoned manner, the actions taken to: (i) protect the
15    individual; (ii) prevent recurrences; and (iii) eliminate
16    the problems identified. The response shall include the
17    implementation and completion dates of such actions. If the
18    written response is not filed within the allotted 30
19    calendar day period, the Secretary shall determine the
20    appropriate corrective action to be taken.
21        (2) Requests for clarification. The facility, agency,
22    victim or guardian, or the subject employee may request
23    that the Office of Inspector General clarify the finding or
24    findings for which clarification is sought.
25        (3) Requests for reconsideration. The facility,
26    agency, victim or guardian, or the subject employee may

 

 

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1    request that the Office of the Inspector General reconsider
2    the finding or findings or the recommendations. A request
3    for reconsideration shall be subject to a multi-layer
4    review and shall include at least one reviewer who did not
5    participate in the investigation or approval of the
6    original investigative report. After the multi-layer
7    review process has been completed, the Inspector General
8    shall make the final determination on the reconsideration
9    request. The investigation shall be reopened if the
10    reconsideration determination finds that additional
11    information is needed to complete the investigative
12    record.
13    (o) Disclosure of the finding by the Inspector General. The
14Inspector General shall disclose the finding of an
15investigation to the following persons: (i) the Governor, (ii)
16the Secretary, (iii) the director of the facility or agency,
17(iv) the alleged victims and their guardians, (v) the
18complainant, and (vi) the accused. This information shall
19include whether the allegations were deemed substantiated,
20unsubstantiated, or unfounded.
21    (p) Secretary review. Upon review of the Inspector
22General's investigative report and any agency's or facility's
23written response, the Secretary shall accept or reject the
24written response and notify the Inspector General of that
25determination. The Secretary may further direct that other
26administrative action be taken, including, but not limited to,

 

 

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1any one or more of the following: (i) additional site visits,
2(ii) training, (iii) provision of technical assistance
3relative to administrative needs, licensure, or certification,
4or (iv) the imposition of appropriate sanctions.
5    (q) Action by facility or agency. Within 30 days of the
6date the Secretary approves the written response or directs
7that further administrative action be taken, the facility or
8agency shall provide an implementation report to the Inspector
9General that provides the status of the action taken. The
10facility or agency shall be allowed an additional 30 days to
11send notice of completion of the action or to send an updated
12implementation report. If the action has not been completed
13within the additional 30-day period, the facility or agency
14shall send updated implementation reports every 60 days until
15completion. The Inspector General shall conduct a review of any
16implementation plan that takes more than 120 days after
17approval to complete, and shall monitor compliance through a
18random review of approved written responses, which may include,
19but are not limited to: (i) site visits, (ii) telephone
20contact, and (iii) requests for additional documentation
21evidencing compliance.
22    (r) Sanctions. Sanctions, if imposed by the Secretary under
23Subdivision (p)(iv) of this Section, shall be designed to
24prevent further acts of mental abuse, physical abuse, sexual
25abuse, neglect, egregious neglect, or financial exploitation
26or some combination of one or more of those acts at a facility

 

 

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1or agency, and may include any one or more of the following:
2        (1) Appointment of on-site monitors.
3        (2) Transfer or relocation of an individual or
4    individuals.
5        (3) Closure of units.
6        (4) Termination of any one or more of the following:
7    (i) Department licensing, (ii) funding, or (iii)
8    certification.
9    The Inspector General may seek the assistance of the
10Illinois Attorney General or the office of any State's Attorney
11in implementing sanctions.
12    (s) Health Care Worker Registry.
13        (1) Reporting to the Registry. The Inspector General
14    shall report to the Department of Public Health's Health
15    Care Worker Registry, a public registry, the identity and
16    finding of each employee of a facility or agency against
17    whom there is a final investigative report containing a
18    substantiated allegation of physical or sexual abuse,
19    financial exploitation, or egregious neglect of an
20    individual.
21        (2) Notice to employee. Prior to reporting the name of
22    an employee, the employee shall be notified of the
23    Department's obligation to report and shall be granted an
24    opportunity to request an administrative hearing, the sole
25    purpose of which is to determine if the substantiated
26    finding warrants reporting to the Registry. Notice to the

 

 

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1    employee shall contain a clear and concise statement of the
2    grounds on which the report to the Registry is based, offer
3    the employee an opportunity for a hearing, and identify the
4    process for requesting such a hearing. Notice is sufficient
5    if provided by certified mail to the employee's last known
6    address. If the employee fails to request a hearing within
7    30 days from the date of the notice, the Inspector General
8    shall report the name of the employee to the Registry.
9    Nothing in this subdivision (s)(2) shall diminish or impair
10    the rights of a person who is a member of a collective
11    bargaining unit under the Illinois Public Labor Relations
12    Act or under any other federal labor statute.
13        (3) Registry hearings. If the employee requests an
14    administrative hearing, the employee shall be granted an
15    opportunity to appear before an administrative law judge to
16    present reasons why the employee's name should not be
17    reported to the Registry. The Department shall bear the
18    burden of presenting evidence that establishes, by a
19    preponderance of the evidence, that the substantiated
20    finding warrants reporting to the Registry. After
21    considering all the evidence presented, the administrative
22    law judge shall make a recommendation to the Secretary as
23    to whether the substantiated finding warrants reporting
24    the name of the employee to the Registry. The Secretary
25    shall render the final decision. The Department and the
26    employee shall have the right to request that the

 

 

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1    administrative law judge consider a stipulated disposition
2    of these proceedings.
3        (4) Testimony at Registry hearings. A person who makes
4    a report or who investigates a report under this Act shall
5    testify fully in any judicial proceeding resulting from
6    such a report, as to any evidence of abuse or neglect, or
7    the cause thereof. No evidence shall be excluded by reason
8    of any common law or statutory privilege relating to
9    communications between the alleged perpetrator of abuse or
10    neglect, or the individual alleged as the victim in the
11    report, and the person making or investigating the report.
12    Testimony at hearings is exempt from the confidentiality
13    requirements of subsection (f) of Section 10 of the Mental
14    Health and Developmental Disabilities Confidentiality Act.
15        (5) Employee's rights to collateral action. No
16    reporting to the Registry shall occur and no hearing shall
17    be set or proceed if an employee notifies the Inspector
18    General in writing, including any supporting
19    documentation, that he or she is formally contesting an
20    adverse employment action resulting from a substantiated
21    finding by complaint filed with the Illinois Civil Service
22    Commission, or which otherwise seeks to enforce the
23    employee's rights pursuant to any applicable collective
24    bargaining agreement. If an action taken by an employer
25    against an employee as a result of a finding of physical
26    abuse, sexual abuse, or egregious neglect is overturned

 

 

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1    through an action filed with the Illinois Civil Service
2    Commission or under any applicable collective bargaining
3    agreement and if that employee's name has already been sent
4    to the Registry, the employee's name shall be removed from
5    the Registry.
6        (6) Removal from Registry. At any time after the report
7    to the Registry, but no more than once in any 12-month
8    period, an employee may petition the Department in writing
9    to remove his or her name from the Registry. Upon receiving
10    notice of such request, the Inspector General shall conduct
11    an investigation into the petition. Upon receipt of such
12    request, an administrative hearing will be set by the
13    Department. At the hearing, the employee shall bear the
14    burden of presenting evidence that establishes, by a
15    preponderance of the evidence, that removal of the name
16    from the Registry is in the public interest. The parties
17    may jointly request that the administrative law judge
18    consider a stipulated disposition of these proceedings.
19    (t) Review of Administrative Decisions. The Department
20shall preserve a record of all proceedings at any formal
21hearing conducted by the Department involving Health Care
22Worker Registry hearings. Final administrative decisions of
23the Department are subject to judicial review pursuant to
24provisions of the Administrative Review Law.
25    (u) Quality Care Board. There is created, within the Office
26of the Inspector General, a Quality Care Board to be composed

 

 

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1of 7 members appointed by the Governor with the advice and
2consent of the Senate. One of the members shall be designated
3as chairman by the Governor. Of the initial appointments made
4by the Governor, 4 Board members shall each be appointed for a
5term of 4 years and 3 members shall each be appointed for a
6term of 2 years. Upon the expiration of each member's term, a
7successor shall be appointed for a term of 4 years. In the case
8of a vacancy in the office of any member, the Governor shall
9appoint a successor for the remainder of the unexpired term.
10    Members appointed by the Governor shall be qualified by
11professional knowledge or experience in the area of law,
12investigatory techniques, or in the area of care of the
13mentally ill or care of persons with developmental
14disabilities. Two members appointed by the Governor shall be
15persons with a disability or parents of persons with a
16disability. Members shall serve without compensation, but
17shall be reimbursed for expenses incurred in connection with
18the performance of their duties as members.
19    The Board shall meet quarterly, and may hold other meetings
20on the call of the chairman. Four members shall constitute a
21quorum allowing the Board to conduct its business. The Board
22may adopt rules and regulations it deems necessary to govern
23its own procedures.
24    The Board shall monitor and oversee the operations,
25policies, and procedures of the Inspector General to ensure the
26prompt and thorough investigation of allegations of neglect and

 

 

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1abuse. In fulfilling these responsibilities, the Board may do
2the following:
3        (1) Provide independent, expert consultation to the
4    Inspector General on policies and protocols for
5    investigations of alleged abuse, neglect, or both abuse and
6    neglect.
7        (2) Review existing regulations relating to the
8    operation of facilities.
9        (3) Advise the Inspector General as to the content of
10    training activities authorized under this Section.
11        (4) Recommend policies concerning methods for
12    improving the intergovernmental relationships between the
13    Office of the Inspector General and other State or federal
14    offices.
15    (v) Annual report. The Inspector General shall provide to
16the General Assembly and the Governor, no later than January 1
17of each year, a summary of reports and investigations made
18under this Act for the prior fiscal year with respect to
19individuals receiving mental health or developmental
20disabilities services. The report shall detail the imposition
21of sanctions, if any, and the final disposition of any
22corrective or administrative action directed by the Secretary.
23The summaries shall not contain any confidential or identifying
24information of any individual, but shall include objective data
25identifying any trends in the number of reported allegations,
26the timeliness of the Office of the Inspector General's

 

 

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1investigations, and their disposition, for each facility and
2Department-wide, for the most recent 3-year time period. The
3report shall also identify, by facility, the staff-to-patient
4ratios taking account of direct care staff only. The report
5shall also include detailed recommended administrative actions
6and matters for consideration by the General Assembly.
7    (w) Program audit. The Auditor General shall conduct a
8program audit of the Office of the Inspector General on an
9as-needed basis, as determined by the Auditor General. The
10audit shall specifically include the Inspector General's
11compliance with the Act and effectiveness in investigating
12reports of allegations occurring in any facility or agency. The
13Auditor General shall conduct the program audit according to
14the provisions of the Illinois State Auditing Act and shall
15report its findings to the General Assembly no later than
16January 1 following the audit period.
17    (x) Nothing in this Section shall be construed to mean that
18an individual is a victim of abuse or neglect because of health
19care services appropriately provided or not provided by health
20care professionals.
21    (y) Nothing in this Section shall require a facility,
22including its employees, agents, medical staff members, and
23health care professionals, to provide a service to an
24individual in contravention of that individual's stated or
25implied objection to the provision of that service on the
26ground that that service conflicts with the individual's

 

 

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1religious beliefs or practices, nor shall the failure to
2provide a service to an individual be considered abuse under
3this Section if the individual has objected to the provision of
4that service based on his or her religious beliefs or
5practices.
6(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
7100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
88-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
 
9    Section 45. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by changing Sections 2310-236 and 2310-335 as follows:
 
12    (20 ILCS 2310/2310-236)
13    Sec. 2310-236. Form of medical examiner's coroner's
14report; sudden unexpected infant death and sudden infant death
15syndrome.
16    (a) The Department shall develop and require the use of a
17form by medical examiners coroners in the case of a death of an
18infant in which the cause of death is sudden unexpected infant
19death or sudden infant death syndrome. The form shall contain,
20at minimum, the following information to be recorded after a
21preliminary investigation:
22        (1) The date and time of death.
23        (2) The county of occurrence and the county of the
24    infant's residence.

 

 

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1        (3) Relevant demographic details regarding the infant,
2    such as date of birth and gender.
3        (4) Relevant demographic details regarding the parents
4    or caretaker of the infant.
5        (5) Relevant details regarding the circumstances of
6    the death, including, but not limited to, who found the
7    infant, where, and what they did.
8        (6) Relevant details concerning where the infant was
9    placed, by whom, and in what position.
10        (7) Any additional relevant details concerning the
11    sleep environment that the infant was placed in and what
12    environmental factors were present, to the extent that
13    those factors are ascertainable.
14        (8) Relevant details concerning health hazards present
15    in the sleep environment, to the extent that those health
16    hazards are ascertainable.
17        (9) Relevant details concerning the infant's medical
18    history and previous medical issues.
19        (10) Other information the Department may determine to
20    be relevant and conducive to understanding and recording
21    the circumstances of the infant's death.
22    (b) The Department shall publish current information
23concerning sudden unexpected infant death and sudden infant
24death syndrome.
25    (c) At least once every 5 years, the Department shall
26review the form and determine whether updates need to be made

 

 

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1for effectiveness and relevancy.
2(Source: P.A. 101-338, eff. 1-1-20.)
 
3    (20 ILCS 2310/2310-335)  (was 20 ILCS 2310/55.43)
4    Sec. 2310-335. Alzheimer's disease; exchange of
5information; autopsies.
6    (a) The Department shall establish policies, procedures,
7standards, and criteria for the collection, maintenance, and
8exchange of confidential personal and medical information
9necessary for the identification and evaluation of victims of
10Alzheimer's disease and related disorders and for the conduct
11of consultation, referral, and treatment through personal
12physicians, primary Alzheimer's centers, and regional
13Alzheimer's assistance centers provided for in the Alzheimer's
14Disease Assistance Act. These requirements shall include
15procedures for obtaining the necessary consent of a patient or
16guardian to the disclosure and exchange of that information
17among providers of services within an Alzheimer's disease
18assistance network and for the maintenance of the information
19in a centralized medical information system administered by a
20regional Alzheimer's center. Nothing in this Section requires
21disclosure or exchange of information pertaining to
22confidential communications between patients and therapists or
23disclosure or exchange of information contained within a
24therapist's personal notes.
25    (b) Any person identified as a victim of Alzheimer's

 

 

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1disease or a related disorder under the Alzheimer's Disease
2Assistance Act shall be provided information regarding the
3critical role that autopsies play in the diagnosis and in the
4conduct of research into the cause and cure of Alzheimer's
5disease and related disorders. The person, or the spouse or
6guardian of the person, shall be encouraged to consent to an
7autopsy upon the person's death.
8    The Department shall provide information to medical
9examiners and coroners in this State regarding the importance
10of autopsies in the diagnosis and in the conduct of research
11into the causes and cure of Alzheimer's disease and related
12disorders. The Department shall also arrange for education and
13training programs that will enable medical examiners and
14coroners to conduct autopsies necessary for a proper diagnosis
15of Alzheimer's disease or related disorders as the cause or a
16contributing factor to a death.
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    Section 50. The Department of State Police Law of the Civil
19Administrative Code of Illinois is amended by changing Sections
202605-40 and 2605-380 as follows:
 
21    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
22    Sec. 2605-40. Division of Forensic Services. The Division
23of Forensic Services shall exercise the following functions:
24        (1) (Blank).

 

 

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1        (2) Exercise the rights, powers, and duties vested by
2    law in the Department by Section 2605-300 of this Law.
3        (3) Provide assistance to local law enforcement
4    agencies through training, management, and consultant
5    services.
6        (4) (Blank).
7        (5) Exercise other duties that may be assigned by the
8    Director in order to fulfill the responsibilities and
9    achieve the purposes of the Department.
10        (6) Establish and operate a forensic science
11    laboratory system, including a forensic toxicological
12    laboratory service, for the purpose of testing specimens
13    submitted by medical examiners coroners and other law
14    enforcement officers in their efforts to determine whether
15    alcohol, drugs, or poisonous or other toxic substances have
16    been involved in deaths, accidents, or illness. Forensic
17    toxicological laboratories shall be established in
18    Springfield, Chicago, and elsewhere in the State as needed.
19        (6.5) Establish administrative rules in order to set
20    forth standardized requirements for the disclosure of
21    toxicology results and other relevant documents related to
22    a toxicological analysis. These administrative rules are
23    to be adopted to produce uniform and sufficient information
24    to allow a proper, well-informed determination of the
25    admissibility of toxicology evidence and to ensure that
26    this evidence is presented competently. These

 

 

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1    administrative rules are designed to provide a minimum
2    standard for compliance of toxicology evidence and is not
3    intended to limit the production and discovery of material
4    information. These administrative rules shall be submitted
5    by the Department of State Police into the rulemaking
6    process under the Illinois Administrative Procedure Act on
7    or before June 30, 2017.
8        (7) Subject to specific appropriations made for these
9    purposes, establish and coordinate a system for providing
10    accurate and expedited forensic science and other
11    investigative and laboratory services to local law
12    enforcement agencies and local State's Attorneys in aid of
13    the investigation and trial of capital cases.
14(Source: P.A. 101-378, eff. 1-1-20.)
 
15    (20 ILCS 2605/2605-380)  (was 20 ILCS 2605/55a-8)
16    Sec. 2605-380. Dental records. The Department shall do the
17following:
18        (1) Coordinate State participation in a national
19    central repository for dental records of missing persons
20    and unidentified dead bodies.
21        (2) Receive and file dental records submitted by county
22    medical examiners and coroners from unidentified dead
23    bodies and submitted by law enforcement agencies from
24    persons reported missing for more than 30 days.
25        (3) Provide information from the file on possible

 

 

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1    identifications resulting from the comparison of dental
2    records submitted with those records on file, to county
3    medical examiners, coroners, and law enforcement agencies.
4        (4) Expunge the dental records of those missing persons
5    who are found, and expunge from the file the dental records
6    of missing persons who are positively identified as a
7    result of comparisons made with this file or the files
8    maintained by other states, territories, insular
9    possessions of the United States, or the United States.
10(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
11    Section 55. The Criminal Identification Act is amended by
12changing Sections 9 and 9.5 as follows:
 
13    (20 ILCS 2630/9)  (from Ch. 38, par. 206-9)
14    Sec. 9. (a) Every county medical examiner and coroner
15shall, in every death investigation where the identity of a
16dead body cannot be determined by visual means, fingerprints,
17or other identifying data, have a qualified dentist, as
18determined by the county medical examiner or coroner, conduct a
19dental examination of the dead body. If the county medical
20examiner or coroner, with the aid of the dental examination and
21other identifiers, is still unable to establish the identity of
22the dead body, the medical examiner or coroner shall forthwith
23submit the dental records to the Department.
24    (b) If a person reported missing has not been found within

 

 

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130 days, the law enforcement agency to whom the person was
2reported missing shall, within the next 5 days, make all
3necessary efforts to locate and request from the family or next
4of kin of the missing person written consent to contact and
5receive from the dentist of the missing person that person's
6dental records and shall forthwith make every reasonable effort
7to acquire such records. Within 5 days of the receipt of the
8missing person's dental records, the law enforcement agency
9shall submit such records to the Department.
10    (c) The Department shall be the State central repository
11for all dental records submitted pursuant to this Section. The
12Department may promulgate rules for the form and manner of
13submission of dental records, reporting of the location or
14identification of persons for whom dental records have been
15submitted and other procedures for program operations.
16    (d) When a person who has been reported missing is located
17and that person's dental records have been submitted to the
18Department, the law enforcement agency which submitted that
19person's dental records to the Department shall report that
20fact to the Department and the Department shall expunge the
21dental records of that person from the Department's file. The
22Department shall also expunge from its files the dental records
23of those dead and missing persons who are positively identified
24as a result of comparisons made with its files, the files
25maintained by other states, territories, insular possessions
26of the United States, or the United States.

 

 

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1(Source: P.A. 84-255.)
 
2    (20 ILCS 2630/9.5)
3    Sec. 9.5. Material for DNA fingerprint analysis. Every
4county medical examiner and coroner shall provide to the
5Department a sample of dried blood and buccal specimens (tissue
6may be submitted if no uncontaminated blood or buccal specimens
7can be obtained) from a dead body for DNA fingerprint analysis
8if the Department notifies the medical examiner or coroner that
9the Department has determined that providing that sample may be
10useful for law enforcement purposes in a criminal
11investigation. In addition, if a local law enforcement agency
12notifies a county medical examiner or coroner that such a
13sample would be useful in a criminal examination, the county
14medical examiner or coroner shall provide a sample to the local
15law enforcement agency for submission to the Department.
16(Source: P.A. 95-500, eff. 1-1-08.)
 
17    Section 60. The Human Skeletal Remains Protection Act is
18amended by changing Section 3 as follows:
 
19    (20 ILCS 3440/3)  (from Ch. 127, par. 2663)
20    Sec. 3. Any person who discovers human skeletal remains
21subject to this Act shall promptly notify the medical examiner
22coroner. Any person who knowingly fails to report such a
23discovery within 48 hours is guilty of a Class C misdemeanor,

 

 

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1unless such person has reasonable cause to believe that the
2medical examiner coroner had already been so notified. If the
3human skeletal remains appear to be from an unregistered grave,
4the medical examiner coroner shall promptly notify the
5Department of Natural Resources prior to their removal. Nothing
6in this Act shall be construed to apply to human skeletal
7remains subject to Division 3-3 of the Counties Code "An Act to
8revise the law in relation to coroners".
9(Source: P.A. 100-695, eff. 8-3-18.)
 
10    Section 65. The Retailers' Occupation Tax Act is amended by
11changing Section 5d as follows:
 
12    (35 ILCS 120/5d)  (from Ch. 120, par. 444d)
13    Sec. 5d. The Department is not required to furnish any bond
14nor to make a deposit for or pay any costs or fees of any court
15or officer thereof in any judicial proceedings under this Act.
16Whenever a certified copy of a judgment or order for
17attachment, issued from any court for the enforcement or
18collection of any liability created by this Act, is levied by
19any sheriff or medical examiner coroner upon any personal
20property, and such property is claimed by any person other than
21the judgment debtor or the defendant in the attachment, or is
22claimed by the judgment debtor or defendant in the attachment
23as exempt from enforcement of a judgment thereon by virtue of
24the exemption laws of this State, then the person making such

 

 

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1claim shall give notice in writing of his or her claim and of
2his or her intention to prosecute the claim, to the sheriff or
3medical examiner coroner within 10 days after the making of the
4levy. On receiving such notice, the sheriff or medical examiner
5coroner shall proceed in accordance with Part 2 of Article XII
6of the Code of Civil Procedure, as amended. The giving of such
7notice within the 10 day period is a condition precedent to any
8judicial action against the sheriff or medical examiner coroner
9for wrongfully levying, seizing or selling the property and any
10such person who fails to give such notice within that time is
11barred from bringing any judicial action against such sheriff
12or medical examiner coroner for injury or damages to or
13conversion of the property.
14(Source: P.A. 83-1362.)
 
15    Section 70. The Property Tax Code is amended by changing
16Sections 19-55, 21-355, 21-385, 22-15, and 22-20 as follows:
 
17    (35 ILCS 200/19-55)
18    Sec. 19-55. Sureties on collector's bonds. No chairman of
19the county board, clerk of the circuit court, county clerk,
20sheriff, deputy sheriff or medical examiner coroner shall be
21permitted to be a surety on the bond of a county, township or
22deputy collector or county treasurer.
23(Source: Laws 1965, p. 631; P.A. 88-455.)
 

 

 

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1    (35 ILCS 200/21-355)
2    Sec. 21-355. Amount of redemption. Any person desiring to
3redeem shall deposit an amount specified in this Section with
4the county clerk of the county in which the property is
5situated, in legal money of the United States, or by cashier's
6check, certified check, post office money order or money order
7issued by a financial institution insured by an agency or
8instrumentality of the United States, payable to the county
9clerk of the proper county. The deposit shall be deemed timely
10only if actually received in person at the county clerk's
11office prior to the close of business as defined in Section
123-2007 of the Counties Code on or before the expiration of the
13period of redemption or by United States mail with a post
14office cancellation mark dated not less than one day prior to
15the expiration of the period of redemption. The deposit shall
16be in an amount equal to the total of the following:
17        (a) the certificate amount, which shall include all tax
18    principal, special assessments, interest and penalties
19    paid by the tax purchaser together with costs and fees of
20    sale and fees paid under Sections 21-295 and 21-315 through
21    21-335;
22        (b) the accrued penalty, computed through the date of
23    redemption as a percentage of the certificate amount, as
24    follows:
25            (1) if the redemption occurs on or before the
26        expiration of 6 months from the date of sale, the

 

 

HB4235- 91 -LRB101 15666 AWJ 65707 b

1        certificate amount times the penalty bid at sale;
2            (2) if the redemption occurs after 6 months from
3        the date of sale, and on or before the expiration of 12
4        months from the date of sale, the certificate amount
5        times 2 times the penalty bid at sale;
6            (3) if the redemption occurs after 12 months from
7        the date of sale and on or before the expiration of 18
8        months from the date of sale, the certificate amount
9        times 3 times the penalty bid at sale;
10            (4) if the redemption occurs after 18 months from
11        the date of sale and on or before the expiration of 24
12        months from the date of sale, the certificate amount
13        times 4 times the penalty bid at sale;
14            (5) if the redemption occurs after 24 months from
15        the date of sale and on or before the expiration of 30
16        months from the date of sale, the certificate amount
17        times 5 times the penalty bid at sale;
18            (6) if the redemption occurs after 30 months from
19        the date of sale and on or before the expiration of 36
20        months from the date of sale, the certificate amount
21        times 6 times the penalty bid at sale.
22            In the event that the property to be redeemed has
23        been purchased under Section 21-405, the penalty bid
24        shall be 12% per penalty period as set forth in
25        subparagraphs (1) through (6) of this subsection (b).
26        The changes to this subdivision (b)(6) made by this

 

 

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1        amendatory Act of the 91st General Assembly are not a
2        new enactment, but declaratory of existing law.
3        (c) The total of all taxes, special assessments,
4    accrued interest on those taxes and special assessments and
5    costs charged in connection with the payment of those taxes
6    or special assessments, which have been paid by the tax
7    certificate holder on or after the date those taxes or
8    special assessments became delinquent together with 12%
9    penalty on each amount so paid for each year or portion
10    thereof intervening between the date of that payment and
11    the date of redemption. In counties with less than
12    3,000,000 inhabitants, however, a tax certificate holder
13    may not pay all or part of an installment of a subsequent
14    tax or special assessment for any year, nor shall any
15    tender of such a payment be accepted, until after the
16    second or final installment of the subsequent tax or
17    special assessment has become delinquent or until after the
18    holder of the certificate of purchase has filed a petition
19    for a tax deed under Section 22.30. The person redeeming
20    shall also pay the amount of interest charged on the
21    subsequent tax or special assessment and paid as a penalty
22    by the tax certificate holder. This amendatory Act of 1995
23    applies to tax years beginning with the 1995 taxes, payable
24    in 1996, and thereafter.
25        (d) Any amount paid to redeem a forfeiture occurring
26    subsequent to the tax sale together with 12% penalty

 

 

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1    thereon for each year or portion thereof intervening
2    between the date of the forfeiture redemption and the date
3    of redemption from the sale.
4        (e) Any amount paid by the certificate holder for
5    redemption of a subsequently occurring tax sale.
6        (f) All fees paid to the county clerk under Section
7    22-5.
8        (g) All fees paid to the registrar of titles incident
9    to registering the tax certificate in compliance with the
10    Registered Titles (Torrens) Act.
11        (h) All fees paid to the circuit clerk and the sheriff,
12    a licensed or registered private detective, or the medical
13    examiner coroner in connection with the filing of the
14    petition for tax deed and service of notices under Sections
15    22-15 through 22-30 and 22-40 in addition to (1) a fee of
16    $35 if a petition for tax deed has been filed, which fee
17    shall be posted to the tax judgement, sale, redemption, and
18    forfeiture record, to be paid to the purchaser or his or
19    her assignee; (2) a fee of $4 if a notice under Section
20    22-5 has been filed, which fee shall be posted to the tax
21    judgment, sale, redemption, and forfeiture record, to be
22    paid to the purchaser or his or her assignee; (3) all costs
23    paid to record a lis pendens notice in connection with
24    filing a petition under this Code; and (4) if a petition
25    for tax deed has been filed, all fees up to $150 per
26    redemption paid to a registered or licensed title insurance

 

 

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1    company or title insurance agent for a title search to
2    identify all owners, parties interested, and occupants of
3    the property, to be paid to the purchaser or his or her
4    assignee. The fees in (1) and (2) of this paragraph (h)
5    shall be exempt from the posting requirements of Section
6    21-360. The costs incurred in causing notices to be served
7    by a licensed or registered private detective under Section
8    22-15, may not exceed the amount that the sheriff would be
9    authorized by law to charge if those notices had been
10    served by the sheriff.
11        (i) All fees paid for publication of notice of the tax
12    sale in accordance with Section 22-20.
13        (j) All sums paid to any county, city, village or
14    incorporated town for reimbursement under Section 22-35.
15        (k) All costs and expenses of receivership under
16    Section 21-410, to the extent that these costs and expenses
17    exceed any income from the property in question, if the
18    costs and expenditures have been approved by the court
19    appointing the receiver and a certified copy of the order
20    or approval is filed and posted by the certificate holder
21    with the county clerk. Only actual costs expended may be
22    posted on the tax judgment, sale, redemption and forfeiture
23    record.
24(Source: P.A. 98-1162, eff. 6-1-15.)
 
25    (35 ILCS 200/21-385)

 

 

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1    Sec. 21-385. Extension of period of redemption. The
2purchaser or his or her assignee of property sold for
3nonpayment of general taxes or special assessments may extend
4the period of redemption at any time before the expiration of
5the original period of redemption, or thereafter prior to the
6expiration of any extended period of redemption, for a period
7which will expire not later than 3 years from the date of sale,
8by filing with the county clerk of the county in which the
9property is located a written notice to that effect describing
10the property, stating the date of the sale and specifying the
11extended period of redemption. Upon receiving the notice, the
12county clerk shall stamp the date of receipt upon the notice.
13If the notice is submitted as an electronic record, the county
14clerk shall acknowledge receipt of the record and shall provide
15confirmation in the same manner to the certificate holder. The
16confirmation from the county clerk shall include the date of
17receipt and shall serve as proof that the notice was filed with
18the county clerk. The county clerk shall not be required to
19extend the period of redemption unless the purchaser or his or
20her assignee obtains this acknowledgement of delivery. If prior
21to the expiration of the period of redemption or extended
22period of redemption a petition for tax deed has been filed
23under Section 22-30, upon application of the petitioner, the
24court shall allow the purchaser or his or her assignee to
25extend the period of redemption after expiration of the
26original period or any extended period of redemption, provided

 

 

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1that any extension allowed will expire not later than 3 years
2from the date of sale, unless the certificate has been assigned
3to the county collector by order of the court which ordered the
4property sold, in which case the period of redemption shall be
5extended for such period as may be designated by the holder of
6the certificate, such period not to exceed 36 months from the
7date of the assignment to the collector. If the period of
8redemption is extended, the purchaser or his or her assignee
9must give the notices provided for in Section 22-10 at the
10specified times prior to the expiration of the extended period
11of redemption by causing a sheriff (or if he or she is
12disqualified, a medical examiner coroner) of the county in
13which the property, or any part thereof, is located to serve
14the notices as provided in Sections 22-15 and 22-20. The
15notices may also be served as provided in Sections 22-15 and
1622-20 by a special process server appointed by the court under
17Section 22-15.
18(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;
19101-81, eff. 7-12-19.)
 
20    (35 ILCS 200/22-15)
21    Sec. 22-15. Service of notice. The purchaser or his or her
22assignee shall give the notice required by Section 22-10 by
23causing it to be published in a newspaper as set forth in
24Section 22-20. In addition, the notice shall be served by a
25sheriff (or if he or she is disqualified, by a medical examiner

 

 

HB4235- 97 -LRB101 15666 AWJ 65707 b

1coroner) of the county in which the property, or any part
2thereof, is located or, except in Cook County, by a person who
3is licensed or registered as a private detective under the
4Private Detective, Private Alarm, Private Security,
5Fingerprint Vendor, and Locksmith Act of 2004 upon owners who
6reside on any part of the property sold by leaving a copy of
7the notice with those owners personally.
8    In counties of 3,000,000 or more inhabitants where a taxing
9district is a petitioner for tax deed pursuant to Section
1021-90, in lieu of service by the sheriff or medical examiner
11coroner the notice may be served by a special process server
12appointed by the circuit court as provided in this Section. The
13taxing district may move prior to filing one or more petitions
14for tax deed for appointment of such a special process server.
15The court, upon being satisfied that the person named in the
16motion is at least 18 years of age and is capable of serving
17notice as required under this Code, shall enter an order
18appointing such person as a special process server for a period
19of one year. The appointment may be renewed for successive
20periods of one year each by motion and order, and a copy of the
21original and any subsequent order shall be filed in each tax
22deed case in which a notice is served by the appointed person.
23Delivery of the notice to and service of the notice by the
24special process server shall have the same force and effect as
25its delivery to and service by the sheriff or medical examiner
26coroner.

 

 

HB4235- 98 -LRB101 15666 AWJ 65707 b

1    The same form of notice shall also be served, in the manner
2set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
32-211 of the Code of Civil Procedure, upon all other owners and
4parties interested in the property, if upon diligent inquiry
5they can be found in the county, and upon the occupants of the
6property.
7    If the property sold has more than 4 dwellings or other
8rental units, and has a managing agent or party who collects
9rents, that person shall be deemed the occupant and shall be
10served with notice instead of the occupants of the individual
11units. If the property has no dwellings or rental units, but
12economic or recreational activities are carried on therein, the
13person directing such activities shall be deemed the occupant.
14Holders of rights of entry and possibilities of reverter shall
15not be deemed parties interested in the property.
16    When a party interested in the property is a trustee,
17notice served upon the trustee shall be deemed to have been
18served upon any beneficiary or note holder thereunder unless
19the holder of the note is disclosed of record.
20    When a judgment is a lien upon the property sold, the
21holder of the lien shall be served with notice if the name of
22the judgment debtor as shown in the transcript, certified copy
23or memorandum of judgment filed of record is identical, as to
24given name and surname, with the name of the party interested
25as it appears of record.
26    If any owner or party interested, upon diligent inquiry and

 

 

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1effort, cannot be found or served with notice in the county as
2provided in this Section, and the person in actual occupancy
3and possession is tenant to, or in possession under the owners
4or the parties interested in the property, then service of
5notice upon the tenant, occupant or person in possession shall
6be deemed service upon the owners or parties interested.
7    If any owner or party interested, upon diligent inquiry and
8effort cannot be found or served with notice in the county,
9then the person making the service shall cause a copy of the
10notice to be sent by registered or certified mail, return
11receipt requested, to that party at his or her residence, if
12ascertainable.
13    The changes to this Section made by Public Act 95-477 apply
14only to matters in which a petition for tax deed is filed on or
15after June 1, 2008 (the effective date of Public Act 95-477).
16(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
17eff. 8-21-08.)
 
18    (35 ILCS 200/22-20)
19    Sec. 22-20. Proof of service of notice; publication of
20notice. The sheriff or medical examiner coroner serving notice
21under Section 22-15 shall endorse his or her return thereon and
22file it with the Clerk of the Circuit Court and it shall be a
23part of the court record. A private detective or a special
24process server appointed under Section 22-15 shall make his or
25her return by affidavit and shall file it with the Clerk of the

 

 

HB4235- 100 -LRB101 15666 AWJ 65707 b

1Circuit Court, where it shall be a part of the court record. If
2a sheriff, private detective, special process server, or
3medical examiner coroner to whom any notice is delivered for
4service, neglects or refuses to make the return, the purchaser
5or his or her assignee may petition the court to enter a rule
6requiring the sheriff, private detective, special process
7server, or medical examiner coroner to make return of the
8notice on a day to be fixed by the court, or to show cause on
9that day why he or she should not be attached for contempt of
10the court. The purchaser or assignee shall cause a written
11notice of the rule to be served upon the sheriff, private
12detective, special process server, or medical examiner
13coroner. If good and sufficient cause to excuse the sheriff,
14private detective, special process server, or medical examiner
15coroner is not shown, the court shall adjudge him or her guilty
16of a contempt, and shall proceed to punish him as in other
17cases of contempt.
18    If the property is located in a municipality in a county
19with less than 3,000,000 inhabitants, the purchaser or his or
20her assignee shall also publish a notice as to the owner or
21party interested, in some newspaper published in the
22municipality. If the property is not in a municipality in a
23county with less than 3,000,000 inhabitants, or if no newspaper
24is published therein, or if the property is in a county with
253,000,000 or more inhabitants, the notice shall be published in
26some newspaper in the county. If no newspaper is published in

 

 

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1the county, then the notice shall be published in the newspaper
2that is published nearest the county seat of the county in
3which the property is located. If the owners and parties
4interested in the property upon diligent inquiry are unknown to
5the purchaser or his or her assignee, the publication as to
6such owner or party interested, may be made to unknown owners
7or parties interested. Any notice by publication given under
8this Section shall be given 3 times at any time after filing a
9petition for tax deed, but not less than 3 months nor more than
106 months prior to the expiration of the period of redemption.
11The publication shall contain (a) notice of the filing of the
12petition for tax deed, (b) the date on which the petitioner
13intends to make application for an order on the petition that a
14tax deed issue, (c) a description of the property, (d) the date
15upon which the property was sold, (e) the taxes or special
16assessments for which it was sold and (f) the date on which the
17period of redemption will expire. The publication shall not
18include more than one property listed and sold in one
19description, except as provided in Section 21-90, and except
20that when more than one property is owned by one person, all of
21the parcels owned by that person may be included in one notice.
22    The changes to this Section made by Public Act 95-477 apply
23only to matters in which a petition for tax deed is filed on or
24after June 1, 2008 (the effective date of Public Act 95-477).
25(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
26eff. 8-21-08.)
 

 

 

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1    Section 75. The Mobile Home Local Services Tax Enforcement
2Act is amended by changing Sections 300, 330, 375, and 380 as
3follows:
 
4    (35 ILCS 516/300)
5    Sec. 300. Amount of redemption. Any person desiring to
6redeem shall deposit an amount specified in this Section with
7the county clerk of the county in which the mobile home is
8situated, in legal money of the United States, or by cashier's
9check, certified check, post office money order or money order,
10issued by a financial institution insured by an agency or
11instrumentality of the United States, payable to the county
12clerk of the proper county. The deposit shall be deemed timely
13only if actually received in person at the county clerk's
14office prior to the close of business as defined in Section
153-2007 of the Counties Code on or before the expiration of the
16period of redemption or by United States mail with a post
17office cancellation mark dated not less than one day prior to
18the expiration of the period of redemption. The deposit shall
19be in an amount equal to the total of the following:
20        (a) the certificate amount, which shall include all tax
21    principal, interest, and penalties paid by the tax
22    purchaser together with costs and fees of sale and fees
23    paid under Sections 235 and 260 through 280;
24        (b) the accrued penalty, computed through the date of

 

 

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1    redemption as a percentage of the certificate amount, as
2    follows:
3            (1) if the redemption occurs on or before the
4        expiration of 6 months from the date of sale, the
5        certificate amount times the penalty bid at sale;
6            (2) if the redemption occurs after 6 months from
7        the date of sale, and on or before the expiration of 12
8        months from the date of sale, the certificate amount
9        times 2 times the penalty bid at sale;
10            (3) if the redemption occurs after 12 months from
11        the date of sale and on or before the expiration of 18
12        months from the date of sale, the certificate amount
13        times 3 times the penalty bid at sale;
14            (4) if the redemption occurs after 18 months from
15        the date of sale and on or before the expiration of 24
16        months from the date of sale, the certificate amount
17        times 4 times the penalty bid at sale;
18            (5) if the redemption occurs after 24 months from
19        the date of sale and on or before the expiration of 30
20        months from the date of sale, the certificate amount
21        times 5 times the penalty bid at sale;
22            (6) if the redemption occurs after 30 months from
23        the date of sale and on or before the expiration of 36
24        months from the date of sale, the certificate amount
25        times 6 times the penalty bid at sale.
26        (c) The total of all taxes, accrued interest on those

 

 

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1    taxes, and costs charged in connection with the payment of
2    those taxes, which have been paid by the tax certificate
3    holder on or after the date those taxes became delinquent
4    together with 12% penalty on each amount so paid for each
5    year or portion thereof intervening between the date of
6    that payment and the date of redemption. In counties with
7    less than 3,000,000 inhabitants, however, a tax
8    certificate holder may not pay the subsequent tax for any
9    year, nor shall any tender of such a payment be accepted,
10    until the subsequent tax has become delinquent or until
11    after the holder of the certificate of purchase has filed a
12    petition for a tax certificate of title under Section 390.
13    The person redeeming shall also pay the amount of interest
14    charged on the subsequent tax and paid as a penalty by the
15    tax certificate holder.
16        (d) Any amount paid to redeem a forfeiture occurring
17    subsequent to the tax sale together with 12% penalty
18    thereon for each year or portion thereof intervening
19    between the date of the forfeiture redemption and the date
20    of redemption from the sale.
21        (e) Any amount paid by the certificate holder for
22    redemption of a subsequently occurring tax sale.
23        (f) All fees paid to the county clerk under Section
24    22-5.
25        (g) All fees paid to the circuit clerk and the sheriff
26    or medical examiner coroner in connection with the filing

 

 

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1    of the petition for tax certificate of title and service of
2    notices under Sections 375 through 390 and 400 in addition
3    to (1) a fee of $35 if a petition for tax certificate of
4    title has been filed, which fee shall be posted to the tax
5    judgement, sale, redemption, and forfeiture record, to be
6    paid to the purchaser or his or her assignee; (2) a fee of
7    $4 if a notice under Section 365 has been filed, which fee
8    shall be posted to the tax judgment, sale, redemption, and
9    forfeiture record, to be paid to the purchaser or his or
10    her assignee; and (3) all costs paid to record a lis
11    pendens notice in connection with filing a petition under
12    this Act. The fees in (1) and (2) of this paragraph (g)
13    shall be exempt from the posting requirements of Section
14    305.
15        (h) All fees paid for publication of notice of the tax
16    sale in accordance with Section 380.
17        (i) All sums paid to any city, village or incorporated
18    town for reimbursement under Section 395.
19        (j) All costs and expenses of receivership under
20    Section 350, to the extent that these costs and expenses
21    exceed any income from the mobile home in question, if the
22    costs and expenditures have been approved by the court
23    appointing the receiver and a certified copy of the order
24    or approval is filed and posted by the certificate holder
25    with the county clerk. Only actual costs expended may be
26    posted on the tax judgment, sale, redemption and forfeiture

 

 

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1    record.
2(Source: P.A. 92-807, eff. 1-1-03.)
 
3    (35 ILCS 516/330)
4    Sec. 330. Extension of period of redemption. The purchaser
5or his or her assignee of a mobile home sold for nonpayment of
6taxes may extend the period of redemption at any time before
7the expiration of the original period of redemption, or
8thereafter prior to the expiration of any extended period of
9redemption, for a period which will expire not later than 3
10years from the date of sale, by filing with the county clerk of
11the county in which the mobile home is located a written notice
12to that effect describing the mobile home, stating the date of
13the sale and specifying the extended period of redemption. If
14prior to the expiration of the period of redemption or extended
15period of redemption a petition for tax certificate of title
16has been filed under Section 390, upon application of the
17petitioner, the court shall allow the purchaser or his or her
18assignee to extend the period of redemption after expiration of
19the original period or any extended period of redemption,
20provided that any extension allowed will expire not later than
213 years from the date of sale. If the period of redemption is
22extended, the purchaser or his or her assignee must give the
23notices provided for in Section 370 at the specified times
24prior to the expiration of the extended period of redemption by
25causing a sheriff (or if he or she is disqualified, a medical

 

 

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1examiner coroner) of the county in which the mobile home, or
2any part thereof, is located to serve the notices as provided
3in Sections 375 and 380. The notices may also be served as
4provided in Sections 375 and 380 by a special process server.
5(Source: P.A. 92-807, eff. 1-1-03.)
 
6    (35 ILCS 516/375)
7    Sec. 375. Service of notice. The purchaser or his or her
8assignee shall give the notice required by Section 370 by
9causing it to be published in a newspaper as set forth in
10Section 380. In addition, the notice shall be served by a
11process server or sheriff (or if he or she is disqualified, by
12a medical examiner coroner) of the county in which the mobile
13home is located upon owners who reside in the mobile home sold
14by leaving a copy of the notice with those owners personally.
15    The same form of notice shall also be served upon all other
16owners and parties interested in the mobile home, if upon
17diligent inquiry they can be found in the county, and upon the
18occupants of the mobile home in the following manner:
19        (a) as to individuals, by (1) leaving a copy of the
20    notice with the person personally or (2) by leaving a copy
21    at his or her usual place of residence with a person of the
22    family, of the age of 13 years or more, and informing that
23    person of its contents. The person making the service shall
24    cause a copy of the notice to be sent by registered or
25    certified mail, return receipt requested, to that party at

 

 

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1    his or her usual place of residence;
2        (b) as to public and private corporations, municipal,
3    governmental and quasi-municipal corporations,
4    partnerships, receivers and trustees of corporations, by
5    leaving a copy of the notice with the person designated by
6    the Civil Practice Law.
7    When a party interested in the mobile home is a trustee,
8notice served upon the trustee shall be deemed to have been
9served upon any beneficiary or note holder thereunder unless
10the holder of the note is disclosed of record.
11    When a judgment is a lien upon the mobile home sold, the
12holder of the lien shall be served with notice if the name of
13the judgment debtor as shown in the transcript, certified copy
14or memorandum of judgment filed of record is identical, as to
15given name and surname, with the name of the party interested
16as it appears of record.
17    If any owner or party interested, upon diligent inquiry and
18effort, cannot be found or served with notice in the county as
19provided in this Section, and the person in actual occupancy
20and possession is tenant to, or in possession under the owners
21or the parties interested in the mobile home, then service of
22notice upon the tenant, occupant or person in possession shall
23be deemed service upon the owners or parties interested.
24    If any owner or party interested, upon diligent inquiry and
25effort cannot be found or served with notice in the county,
26then the person making the service shall cause a copy of the

 

 

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1notice to be sent by registered or certified mail, return
2receipt requested, to that party at his or her residence, if
3ascertainable.
4(Source: P.A. 92-807, eff. 1-1-03.)
 
5    (35 ILCS 516/380)
6    Sec. 380. Proof of service of notice; publication of
7notice. The sheriff or medical examiner coroner serving notice
8under Section 375 shall endorse his or her return thereon and
9file it with the clerk of the circuit court and it shall be a
10part of the court record. A special process server appointed
11under Section 375 shall make his or her return by affidavit and
12shall file it with the clerk of the circuit court, where it
13shall be a part of the court record. If a sheriff, special
14process server, or medical examiner coroner to whom any notice
15is delivered for service, neglects or refuses to make the
16return, the purchaser or his or her assignee may petition the
17court to enter a rule requiring the sheriff, special process
18server, or medical examiner coroner to make return of the
19notice on a day to be fixed by the court, or to show cause on
20that day why he or she should not be attached for contempt of
21the court. The purchaser or assignee shall cause a written
22notice of the rule to be served upon the sheriff, special
23process server, or medical examiner coroner. If good and
24sufficient cause to excuse the sheriff, special process server,
25or medical examiner coroner is not shown, the court shall

 

 

HB4235- 110 -LRB101 15666 AWJ 65707 b

1adjudge him or her guilty of contempt, and shall proceed to
2punish him as in other cases of contempt.
3    If the mobile home is located in a municipality in a county
4with less than 3,000,000 inhabitants, the purchaser or his or
5her assignee shall also publish a notice as to the owner or
6party interested, in some newspaper published in the
7municipality. If the mobile home is not in a municipality in a
8county with less than 3,000,000 inhabitants, or if no newspaper
9is published therein, the notice shall be published in some
10newspaper in the county. If no newspaper is published in the
11county, then the notice shall be published in the newspaper
12that is published nearest the county seat of the county in
13which the mobile home is located. If the owners and parties
14interested in the mobile home upon diligent inquiry are unknown
15to the purchaser or his or her assignee, the publication as to
16such owner or party interested, may be made to unknown owners
17or parties interested. Any notice by publication given under
18this Section shall be given 3 times at any time after filing a
19petition for tax certificate of title, but not less than 3
20months nor more than 5 months prior to the expiration of the
21period of redemption. The publication shall contain (a) notice
22of the filing of the petition for tax certificate of title, (b)
23the date on which the petitioner intends to make application
24for an order on the petition that a tax certificate of title
25issue, (c) a description of the mobile home, (d) the date upon
26which the mobile home was sold, (e) the taxes for which it was

 

 

HB4235- 111 -LRB101 15666 AWJ 65707 b

1sold and (f) the date on which the period of redemption will
2expire. The publication shall not include more than one mobile
3home listed and sold in one description, except as provided in
4Section 35, and except that when more than one mobile home is
5owned by one person, all of the mobile homes owned by that
6person may be included in one notice.
7(Source: P.A. 92-807, eff. 1-1-03.)
 
8    Section 80. The Illinois Pension Code is amended by
9changing Section 7-145.1 as follows:
 
10    (40 ILCS 5/7-145.1)
11    Sec. 7-145.1. Alternative annuity for county officers.
12    (a) The benefits provided in this Section and Section
137-145.2 are available only if, prior to the effective date of
14this amendatory Act of the 97th General Assembly, the county
15board has filed with the Board of the Fund a resolution or
16ordinance expressly consenting to the availability of these
17benefits for its elected county officers. The county board's
18consent is irrevocable with respect to persons participating in
19the program, but may be revoked at any time with respect to
20persons who have not paid an additional optional contribution
21under this Section before the date of revocation.
22    An elected county officer may elect to establish
23alternative credits for an alternative annuity by electing in
24writing before the effective date of this amendatory Act of the

 

 

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197th General Assembly to make additional optional
2contributions in accordance with this Section and procedures
3established by the board. These alternative credits are
4available only for periods of service as an elected county
5officer. The elected county officer may discontinue making the
6additional optional contributions by notifying the Fund in
7writing in accordance with this Section and procedures
8established by the board.
9    Additional optional contributions for the alternative
10annuity shall be as follows:
11        (1) For service as an elected county officer after the
12    option is elected, an additional contribution of 3% of
13    salary shall be contributed to the Fund on the same basis
14    and under the same conditions as contributions required
15    under Section 7-173.
16        (2) For service as an elected county officer before the
17    option is elected, an additional contribution of 3% of the
18    salary for the applicable period of service, plus interest
19    at the effective rate from the date of service to the date
20    of payment, plus any additional amount required by the
21    county board under paragraph (3). All payments for past
22    service must be paid in full before credit is given.
23    Payment must be received by the Board while the member is
24    an active participant, except that one payment will be
25    permitted after termination of participation.
26        (3) With respect to service as an elected county

 

 

HB4235- 113 -LRB101 15666 AWJ 65707 b

1    officer before the option is elected, if payment is made
2    after the county board has filed with the Board of the Fund
3    a resolution or ordinance requiring an additional
4    contribution under this paragraph, then the contribution
5    required under paragraph (2) shall include an amount to be
6    determined by the Fund, equal to the actuarial present
7    value of the additional employer cost that would otherwise
8    result from the alternative credits being established for
9    that service. A county board's resolution or ordinance
10    requiring additional contributions under this paragraph
11    (3) is irrevocable. Payment must be received by the Board
12    while the member is an active participant, except that one
13    payment will be permitted after termination of
14    participation.
15    No additional optional contributions may be made for any
16period of service for which credit has been previously
17forfeited by acceptance of a refund, unless the refund is
18repaid in full with interest at the effective rate from the
19date of refund to the date of repayment.
20    (b) In lieu of the retirement annuity otherwise payable
21under this Article, an elected county officer who (1) has
22elected to participate in the Fund and make additional optional
23contributions in accordance with this Section, (2) has held and
24made additional optional contributions with respect to the same
25elected county office for at least 8 years, and (3) has
26attained age 55 with at least 8 years of service credit (or has

 

 

HB4235- 114 -LRB101 15666 AWJ 65707 b

1attained age 50 with at least 20 years of service as a
2sheriff's law enforcement employee) may elect to have his
3retirement annuity computed as follows: 3% of the participant's
4salary for each of the first 8 years of service credit, plus 4%
5of that salary for each of the next 4 years of service credit,
6plus 5% of that salary for each year of service credit in
7excess of 12 years, subject to a maximum of 80% of that salary.
8    This formula applies only to service in an elected county
9office that the officer held for at least 8 years, and only to
10service for which additional optional contributions have been
11paid under this Section. If an elected county officer qualifies
12to have this formula applied to service in more than one
13elected county office, the qualifying service shall be
14accumulated for purposes of determining the applicable accrual
15percentages, but the salary used for each office shall be the
16separate salary calculated for that office, as defined in
17subsection (g).
18    To the extent that the elected county officer has service
19credit that does not qualify for this formula, his retirement
20annuity will first be determined in accordance with this
21formula with respect to the service to which this formula
22applies, and then in accordance with the remaining Sections of
23this Article with respect to the service to which this formula
24does not apply.
25    (c) In lieu of the disability benefits otherwise payable
26under this Article, an elected county officer who (1) has

 

 

HB4235- 115 -LRB101 15666 AWJ 65707 b

1elected to participate in the Fund, and (2) has become
2permanently disabled and as a consequence is unable to perform
3the duties of his office, and (3) was making optional
4contributions in accordance with this Section at the time the
5disability was incurred, may elect to receive a disability
6annuity calculated in accordance with the formula in subsection
7(b). For the purposes of this subsection, an elected county
8officer shall be considered permanently disabled only if: (i)
9disability occurs while in service as an elected county officer
10and is of such a nature as to prevent him from reasonably
11performing the duties of his office at the time; and (ii) the
12board has received a written certification by at least 2
13licensed physicians appointed by it stating that the officer is
14disabled and that the disability is likely to be permanent.
15    (d) Refunds of additional optional contributions shall be
16made on the same basis and under the same conditions as
17provided under Section 7-166, 7-167 and 7-168. Interest shall
18be credited at the effective rate on the same basis and under
19the same conditions as for other contributions.
20    If an elected county officer fails to hold that same
21elected county office for at least 8 years, he or she shall be
22entitled after leaving office to receive a refund of the
23additional optional contributions made with respect to that
24office, plus interest at the effective rate.
25    (e) The plan of optional alternative benefits and
26contributions shall be available to persons who are elected

 

 

HB4235- 116 -LRB101 15666 AWJ 65707 b

1county officers and active contributors to the Fund on or after
2November 15, 1994 and elected to establish alternative credit
3before the effective date of this amendatory Act of the 97th
4General Assembly. A person who was an elected county officer
5and an active contributor to the Fund on November 15, 1994 but
6is no longer an active contributor may apply to make additional
7optional contributions under this Section at any time within 90
8days after the effective date of this amendatory Act of 1997;
9if the person is an annuitant, the resulting increase in
10annuity shall begin to accrue on the first day of the month
11following the month in which the required payment is received
12by the Fund.
13    (f) For the purposes of this Section and Section 7-145.2,
14the terms "elected county officer" and "elected county office"
15include, but are not limited to: (1) the county clerk,
16recorder, treasurer, coroner, assessor (if elected), auditor,
17sheriff, and State's Attorney; members of the county board; and
18the clerk of the circuit court; and (2) a person who has been
19appointed to fill a vacancy in an office that is normally
20filled by election on a countywide basis, for the duration of
21his or her service in that office. The terms "elected county
22officer" and "elected county office" do not include any officer
23or office of a county that has not consented to the
24availability of benefits under this Section and Section
257-145.2.
26    (g) For the purposes of this Section and Section 7-145.2,

 

 

HB4235- 117 -LRB101 15666 AWJ 65707 b

1the term "salary" means the final rate of earnings for the
2elected county office held, calculated in a manner consistent
3with Section 7-116, but for that office only. If an elected
4county officer qualifies to have the formula in subsection (b)
5applied to service in more than one elected county office, a
6separate salary shall be calculated and applied with respect to
7each such office.
8    (h) The changes to this Section made by this amendatory Act
9of the 91st General Assembly apply to persons who first make an
10additional optional contribution under this Section on or after
11the effective date of this amendatory Act.
12    (i) Any elected county officer who was entitled to receive
13a stipend from the State on or after July 1, 2009 and on or
14before June 30, 2010 may establish earnings credit for the
15amount of stipend not received, if the elected county official
16applies in writing to the fund within 6 months after the
17effective date of this amendatory Act of the 96th General
18Assembly and pays to the fund an amount equal to (i) employee
19contributions on the amount of stipend not received, (ii)
20employer contributions determined by the Board equal to the
21employer's normal cost of the benefit on the amount of stipend
22not received, plus (iii) interest on items (i) and (ii) at the
23actuarially assumed rate.
24(Source: P.A. 100-148, eff. 8-18-17.)
 
25    Section 85. The Illinois Police Training Act is amended by

 

 

HB4235- 118 -LRB101 15666 AWJ 65707 b

1changing Section 10.11 as follows:
 
2    (50 ILCS 705/10.11)
3    Sec. 10.11. Training; death and homicide investigation.
4The Illinois Law Enforcement Training and Standards Board shall
5conduct or approve a training program in death and homicide
6investigation for the training of law enforcement officers of
7local government agencies. Only law enforcement officers who
8successfully complete the training program may be assigned as
9lead investigators in death and homicide investigations.
10Satisfactory completion of the training program shall be
11evidenced by a certificate issued to the law enforcement
12officer by the Illinois Law Enforcement Training and Standards
13Board.
14    The Illinois Law Enforcement Training and Standards Board
15shall develop a process for waiver applications sent by a local
16law enforcement agency administrator for those officers whose
17prior training and experience as homicide investigators may
18qualify them for a waiver. The Board may issue a waiver at its
19discretion, based solely on the prior training and experience
20of an officer as a homicide investigator. This Section does not
21affect or impede the powers of the office of the medical
22examiner coroner to investigate all deaths as provided in
23Division 3-3 of the Counties Code and the Medical Examiner
24Coroner Training Board Act.
25(Source: P.A. 99-408, eff. 1-1-16.)
 

 

 

HB4235- 119 -LRB101 15666 AWJ 65707 b

1    Section 90. The Law Enforcement Camera Grant Act is amended
2by changing Section 15 as follows:
 
3    (50 ILCS 707/15)
4    Sec. 15. Rules; in-car video camera grants.
5    (a) The Board shall develop model rules for the use of
6in-car video cameras to be adopted by law enforcement agencies
7that receive grants under Section 10 of this Act. The rules
8shall include all of the following requirements:
9        (1) Cameras must be installed in the law enforcement
10    agency vehicles.
11        (2) Video recording must provide audio of the officer
12    when the officer is outside of the vehicle.
13        (3) Camera access must be restricted to the supervisors
14    of the officer in the vehicle.
15        (4) Cameras must be turned on continuously throughout
16    the officer's shift.
17        (5) A copy of the video record must be made available
18    upon request to personnel of the law enforcement agency,
19    the local State's Attorney, and any persons depicted in the
20    video. Procedures for distribution of the video record must
21    include safeguards to protect the identities of
22    individuals who are not a party to the requested stop.
23        (6) Law enforcement agencies that receive moneys under
24    this grant shall provide for storage of the video records

 

 

HB4235- 120 -LRB101 15666 AWJ 65707 b

1    for a period of not less than 2 years.
2    (b) Each law enforcement agency receiving a grant for
3in-car video cameras under Section 10 of this Act must provide
4an annual report to the Board, the Governor, and the General
5Assembly on or before May 1 of the year following the receipt
6of the grant and by each May 1 thereafter during the period of
7the grant. The report shall include the following:
8        (1) the number of cameras received by the law
9    enforcement agency;
10        (2) the number of cameras actually installed in law
11    enforcement agency vehicles;
12        (3) a brief description of the review process used by
13    supervisors within the law enforcement agency;
14        (4) a list of any criminal, traffic, ordinance, and
15    civil cases in which in-car video recordings were used,
16    including party names, case numbers, offenses charged, and
17    disposition of the matter. Proceedings to which this
18    paragraph (4) applies include, but are not limited to,
19    court proceedings, medical examiner's coroner's inquests,
20    grand jury proceedings, and plea bargains; and
21        (5) any other information relevant to the
22    administration of the program.
23(Source: P.A. 99-352, eff. 1-1-16.)
 
24    Section 95. The Missing Persons Identification Act is
25amended by changing Sections 15, 20, and 25 as follows:
 

 

 

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1    (50 ILCS 722/15)
2    Sec. 15. Reporting of unidentified persons and human
3remains.
4    (a) Handling of death scene investigations.
5        (1) The Department of State Police shall provide
6    information to local law enforcement agencies about best
7    practices for handling death scene investigations.
8        (2) The Department of State Police shall identify any
9    publications or training opportunities that may be
10    available to local law enforcement agencies or law
11    enforcement officers and coroners and medical examiners
12    concerning the handling of death scene investigations.
13    (b) Law enforcement reports.
14        (1) Before performing any death scene investigation
15    deemed appropriate under the circumstances, the official
16    with custody of the human remains shall ensure that the
17    coroner or medical examiner of the county in which the
18    deceased was found has been notified.
19        (2) Any coroner or medical examiner with custody of
20    human remains that are not identified within 24 hours of
21    discovery shall promptly notify the Department of State
22    Police of the location of those remains.
23        (3) If the coroner or medical examiner with custody of
24    remains cannot determine whether or not the remains found
25    are human, the coroner or medical examiner shall notify the

 

 

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1    Department of State Police of the existence of possible
2    human remains.
3(Source: P.A. 95-192, eff. 8-16-07.)
 
4    (50 ILCS 722/20)
5    Sec. 20. Unidentified persons or human remains
6identification responsibilities.
7    (a) In this Section, "assisting law enforcement agency"
8means a law enforcement agency with jurisdiction acting under
9the request and direction of the medical examiner or coroner to
10assist with human remains identification.
11    (a-5) If the official with custody of the human remains is
12not a coroner or medical examiner, the official shall
13immediately notify the coroner or medical examiner of the
14county in which the remains were found. The coroner or medical
15examiner shall go to the scene and take charge of the remains.
16    (b) Notwithstanding any other action deemed appropriate
17for the handling of the human remains, the assisting law
18enforcement agency or , medical examiner, or coroner shall make
19reasonable attempts to promptly identify human remains. This
20does not include historic or prehistoric skeletal remains.
21These actions shall include, but are not limited to, obtaining
22the following when possible:
23        (1) photographs of the human remains (prior to an
24    autopsy);
25        (2) dental and skeletal X-rays;

 

 

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1        (3) photographs of items found on or with the human
2    remains;
3        (4) fingerprints from the remains;
4        (5) tissue samples suitable for DNA analysis;
5        (6) (blank); and
6        (7) any other information that may support
7    identification efforts.
8    (c) No medical examiner or coroner or any other person
9shall dispose of, or engage in actions that will materially
10affect the unidentified human remains before the assisting law
11enforcement agency or , medical examiner, or coroner obtains
12items essential for human identification efforts listed in
13subsection (b) of this Section.
14    (d) Cremation of unidentified human remains is prohibited.
15    (e) (Blank).
16    (f) The assisting law enforcement agency or , medical
17examiner, or coroner shall seek support from appropriate State
18and federal agencies, including National Missing and
19Unidentified Persons System resources to facilitate prompt
20identification of human remains. This support may include, but
21is not limited to, fingerprint comparison; forensic
22odontology; nuclear or mitochondrial DNA analysis, or both; and
23forensic anthropology.
24    (f-5) Fingerprints from the unidentified remains,
25including partial prints, shall be submitted to the Department
26of State Police or other resource for the purpose of attempting

 

 

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1to identify the deceased. The coroner or medical examiner shall
2cause a dental examination to be performed by a forensic
3odontologist for the purpose of dental charting, comparison to
4missing person records, or both. Tissue samples collected for
5DNA analysis shall be submitted within 30 days of the recovery
6of the remains to a National Missing and Unidentified Persons
7System partner laboratory or other resource where DNA profiles
8are entered into the National DNA Index System upon completion
9of testing. Forensic anthropological analysis of the remains
10shall also be considered.
11    (g) (Blank).
12    (g-2) The medical examiner or coroner shall report the
13unidentified human remains and the location where the remains
14were found to the Department of State Police within 24 hours of
15discovery as mandated by Section 15 of this Act. The assisting
16law enforcement agency or , medical examiner, or coroner shall
17contact the Department of State Police to request the creation
18of a National Crime Information Center Unidentified Person
19record within 5 days of the discovery of the remains. The
20assisting law enforcement agency or , medical examiner, or
21coroner shall provide the Department of State Police all
22information required for National Crime Information Center
23entry. Upon notification, the Department of State Police shall
24create the Unidentified Person record without unnecessary
25delay.
26    (g-5) The assisting law enforcement agency or , medical

 

 

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1examiner, or coroner shall obtain a National Crime Information
2Center number from the Department of State Police to verify
3entry and maintain this number within the unidentified human
4remains case file. A National Crime Information Center
5Unidentified Person record shall remain on file indefinitely or
6until action is taken by the originating agency to clear or
7cancel the record. The assisting law enforcement agency or ,
8medical examiner, or coroner shall notify the Department of
9State Police of necessary record modifications or cancellation
10if identification is made.
11    (h) (Blank).
12    (h-5) The assisting law enforcement agency or , medical
13examiner, or coroner shall create an unidentified person record
14in the National Missing and Unidentified Persons System prior
15to the submission of samples or within 30 days of the discovery
16of the remains, if no identification has been made. The entry
17shall include all available case information including
18fingerprint data and dental charts. Samples shall be submitted
19to a National Missing and Unidentified Persons System partner
20laboratory for DNA analysis within 30 Days. A notation of DNA
21submission shall be made within the National Missing and
22Unidentified Persons System Unidentified Person record.
23    (i) Nothing in this Act shall be interpreted to preclude
24any assisting law enforcement agency, medical examiner,
25coroner, or the Department of State Police from pursuing other
26efforts to identify human remains including efforts to

 

 

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1publicize information, descriptions, or photographs related to
2the investigation.
3    (j) For historic or prehistoric human skeletal remains
4determined by an anthropologist to be older than 100 years,
5jurisdiction shall be transferred to the Department of Natural
6Resources for further investigation under the Archaeological
7and Paleontological Resources Protection Act.
8(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
9    (50 ILCS 722/25)
10    Sec. 25. Unidentified persons. The coroner or medical
11examiner shall obtain a DNA sample from any individual whose
12remains are not identifiable. The DNA sample shall be forwarded
13to a National Missing and Unidentified Persons System partner
14laboratory or other resource for analysis and inclusion in the
15National DNA Index System.
16    Prior to the burial or interment of any unknown
17individual's remains or any unknown individual's body part, the
18medical examiner or coroner in possession of the remains or
19body part must assign a DNA log number to the unknown
20individual or body part. The medical examiner or coroner shall
21place a tag that is stamped or inscribed with the DNA log
22number on the individual or body part. The DNA log number shall
23be stamped on the unidentified individual's toe tag, if
24possible.
25(Source: P.A. 100-901, eff. 1-1-19.)
 

 

 

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1    Section 100. The Counties Code is amended by changing
2Sections 1-4009, 3-3001, 3-3003, 3-3004, 3-3007, 3-3008,
33-3009, 3-3010, 3-3012, 3-3013, 3-3014, 3-3015, 3-3016.5,
43-3017, 3-3018, 3-3019, 3-3020, 3-3021, 3-3022, 3-3024,
53-3025, 3-3026, 3-3027, 3-3028, 3-3029, 3-3031, 3-3032,
63-3033, 3-3034, 3-3035, 3-3036, 3-3037, 3-3038, 3-3040,
73-3041, 3-3042, 3-3043, 3-3045, 3-14002, 4-6001, 4-6002,
84-7001, 4-11002, 5-1085.5, and 5-1106, by changing the headings
9of Division 3-3 of Article 3 and Division 4-7 of Article 4, and
10by adding Sections 3-3000, 3-3002.5, 3-3013.3, 3-3013.5, and
113-3046 as follows:
 
12    (55 ILCS 5/1-4009)  (from Ch. 34, par. 1-4009)
13    Sec. 1-4009. Medical examiner Coroner. The medical
14examiner coroner of the petitioning county shall perform all
15the duties required of him by law within the territory that had
16constituted the petitioning county before the proclamation
17aforesaid, until his term of office shall expire, and shall
18receive the compensation to which he may be entitled by law,
19and whatever fees or compensation may be payable by law out of
20the county treasury, shall be certified and paid by the county
21board of the adjoining county to such medical examiner coroner,
22out of taxes collected from property in the territory that had
23constituted the petitioning county.
24(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/Div. 3-3 heading)
2
Division 3-3. Medical Examiner Coroner

 
3    (55 ILCS 5/3-3000 new)
4    Sec. 3-3000. Appointment of medical examiners; medical
5examiner qualifications; discontinuance of the office of
6coroner; references to coroner.
7    (a) On or before September 1, 2021, each county board and
8board of county commissioners shall appoint a medical examiner
9for a term of 4 years beginning December 1, 2021.
10    (b) Medical examiners shall be physicians licensed to
11practice within this State for all counties, and, for counties
12with populations of 250,000 or more, medical examiners shall
13also be board certified in forensic pathology or possess 20 or
14more years of death investigation experience.
15    (c) On December 1, 2021:
16        (1) in each county that has an office of the coroner,
17    the office of the coroner is discontinued, the term of
18    office of the person elected or appointed coroner is
19    terminated, and the office of the medical examiner is
20    created and the powers and duties of the coroner are
21    transferred to the medical examiner;
22        (2) in counties in which another county officer is
23    performing the duties of the coroner, the powers and duties
24    of the coroner (as being performed by the county officer)

 

 

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1    are transferred to the medical examiner;
2        (3) the personnel of the office of the coroner (if any)
3    shall be transferred to the office of the medical examiner;
4    the status and rights of such employees and the county
5    under any applicable collective bargaining agreements or
6    contracts, or under any pension, retirement, or annuity
7    plan shall not be affected by this amendatory Act of the
8    101st General Assembly;
9        (4) all books, records, papers, documents, property
10    (real and personal), contracts, causes of action, and
11    pending business pertaining to the powers, duties, rights,
12    and responsibilities transferred by this amendatory Act of
13    the 101st General Assembly from the coroner to the medical
14    examiner, including, but not limited to, material in
15    electronic or magnetic format and necessary computer
16    hardware and software, shall be transferred to the medical
17    examiner;
18        (5) all unexpended appropriations and balances and
19    other funds available for use by the office of the coroner
20    shall be transferred for use by the office of the medical
21    examiner; unexpended balances so transferred shall be
22    expended only for the purpose for which the appropriations
23    were originally made;
24        (6) this amendatory Act of the 101st General Assembly
25    does not affect any act done, ratified, or canceled or any
26    right occurring or established or any action or proceeding

 

 

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1    had or commenced in an administrative, civil, or criminal
2    cause by the coroner before the effective date of this
3    amendatory Act of the 101st General Assembly; such actions
4    or proceedings may be continued by the medical examiner;
5    and
6        (7) if a county has an elected or appointed medical
7    examiner whose term is in effect on November 30, 2021, the
8    medical examiner's term is terminated unless the county
9    board or county board of commissioners appoints, under
10    subsection (a), the person serving as medical examiner on
11    November 30, 2021 as the medical examiner under this
12    Section.
13    (d) After appointment of a medical examiner under
14subsection (a), the county board or board of county
15commissioners shall reappoint a medical examiner or appoint a
16new medical examiner in each year in which a medical examiner's
17term expires and the reappointed or appointed medical examiner
18shall enter upon the duties of the office on the December 1
19next following the medical examiner's appointment. Vacancies
20in an office of medical examiner shall be filled as provided in
21Section 3-3043.
22    (e) Two or more counties, by resolution of the respective
23county board or board of county commissioners, may enter into
24an agreement to appoint: (1) the same person to act as medical
25examiner for those counties; and (2) the same persons to act as
26deputy medical examiners and investigators for those counties.

 

 

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1A person appointed to act as medical examiner for more than one
2county must meet the requirements of subsection (b) for all
3counties.
4    (f) On and after December 1, 2021, references to "coroner"
5in this Division or in any other provision of law shall mean
6"medical examiner" except where the context requires
7otherwise.
 
8    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)
9    Sec. 3-3001. Commission; training; duties performed by
10other county officer.
11    (a) Every medical examiner coroner shall be commissioned by
12the Governor, but no commission shall issue except upon the
13certificate of the county clerk of the proper county of the due
14election or appointment of the medical examiner coroner and
15that the medical examiner coroner has filed his or her bond and
16taken the oath of office as provided in this Division.
17    (b)(1) Within 30 days of assuming office, a medical
18examiner appointed coroner elected to that office for the first
19time shall apply for admission to the Medical Examiner Coroner
20Training Board medical examiners coroners training program.
21Completion of the training program shall be within 6 months of
22application. Any medical examiner coroner may direct the chief
23deputy medical examiner coroner or a deputy medical examiner
24coroner, or both, to attend the training program, provided the
25medical examiner coroner has completed the training program.

 

 

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1Satisfactory completion of the program shall be evidenced by a
2certificate issued to the medical examiner coroner by the
3Medical Examiner Coroner Training Board. All medical examiners
4coroners shall complete the training program at least once
5while serving as medical examiner coroner.
6    (2) In developing the medical examiner coroner training
7program, the Medical Examiner Coroner Training Board shall
8consult with the Illinois Coroners and Medical Examiners
9Association or other organization as approved by the Medical
10Examiner Coroner Training Board.
11    (3) The Medical Examiner Coroner Training Board shall
12notify the proper county board of the failure by a medical
13examiner coroner to successfully complete this training
14program.
15    (c) Every medical examiner coroner shall attend at least 24
16hours of accredited continuing education for medical examiners
17coroners in each calendar year.
18    (d) (Blank). In all counties that provide by resolution for
19the elimination of the office of coroner pursuant to a
20referendum, the resolution may also provide, as part of the
21same proposition, that the duties of the coroner be taken over
22by another county officer specified by the resolution and
23proposition.
24(Source: P.A. 99-408, eff. 1-1-16.)
 
25    (55 ILCS 5/3-3002.5 new)

 

 

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1    Sec. 3-3002.5. Investigators.
2    (a) The medical examiner may appoint investigators,
3subject to county board or board of county commissioners
4appropriation, to assist the medical examiner in carrying out
5the duties required by this Division. The medical examiner
6shall determine the qualifications of an investigator, taking
7into consideration a person's education, training, or
8experience, and shall be solely responsible for determining the
9duties assigned to the investigator.
10    (b) The medical examiner may designate an investigator
11appointed under subsection (a) to take charge of the body, make
12pertinent investigation, note the circumstances surrounding
13the death, and, if considered necessary, cause the body to be
14transported for examination by the medical examiner.
15    (c) The medical examiner shall maintain a list of
16investigators appointed under this Section and their
17qualifications and shall file the list with all law enforcement
18agencies in the county.
19    (d) An investigator appointed under subsection (a) shall
20not:
21        (1) be an agent or employee of a funeral director or
22    funeral establishment;
23        (2) receive, directly or indirectly, remuneration in
24    connection with the disposition of the body; or
25        (3) make funeral or burial arrangements without
26    approval of the next of kin or the individual responsible

 

 

HB4235- 134 -LRB101 15666 AWJ 65707 b

1    for the funeral expenses.
 
2    (55 ILCS 5/3-3003)  (from Ch. 34, par. 3-3003)
3    Sec. 3-3003. Office of medical examiner; compensation;
4elderly and vulnerable adult death review team; removal of
5medical examiner or deputy medical examiner Duties of coroner.
6    (a) The medical examiner is in charge of the office of the
7medical examiner and may adopt rules relative to the conduct of
8the office. The medical examiner may delegate any functions of
9the office to a duly appointed deputy medical examiner.
10    (b) The compensation of a medical examiner shall be fixed
11by the county board or board of county commissioners.
12    (c) The county coroner shall control the internal
13operations of his office. Subject to the applicable county
14appropriation ordinance, the medical examiner coroner shall
15procure necessary equipment, materials, supplies and services
16to perform the duties of the office. Compensation of deputies
17and employees shall be fixed by the medical examiner coroner,
18subject to budgetary limitations established by the county
19board or board of county commissioners. Purchases of equipment
20shall be made in accordance with any ordinance requirements for
21centralized purchasing through another county office or
22through the State which are applicable to all county offices.
23    (d) The medical examiner may establish an elderly and
24vulnerable adult death review team, including developing
25protocols to be used by the elderly and vulnerable adult death

 

 

HB4235- 135 -LRB101 15666 AWJ 65707 b

1review team in conducting a review of an elderly or vulnerable
2adult death. If established, one member, except as otherwise
3noted, of each of the following shall be allowed to participate
4on the elderly and vulnerable adult death review team: the
5medical examiner or deputy medical examiner; a physician or
6other health care professional specializing in geriatric
7medicine; a physician or other health care professionals
8employed by long term care facilities; 2 to 3 members of
9relevant State and local law enforcement agencies; a member
10from the State's Attorney's office; and 3 members from State
11departments who are involved with issues regarding adult
12protective services, adult foster care homes, and homes for the
13aged. The elderly and vulnerable adult death review team may
14allow participation by others as designated by the team,
15including, but not limited to, members representing the long
16term care ombudsman program, community mental health, and the
17Department of Healthcare and Family Services who are involved
18with the licensing and regulation of long-term care facilities.
19    (e) The county board or board of county commissioners shall
20remove from office, after hearing, a medical examiner or, upon
21request of the medical examiner, a deputy medical examiner who
22fails to discharge properly the duties of the medical examiner
23or deputy medical examiner.
24(Source: P.A. 86-962.)
 
25    (55 ILCS 5/3-3004)  (from Ch. 34, par. 3-3004)

 

 

HB4235- 136 -LRB101 15666 AWJ 65707 b

1    Sec. 3-3004. Bond. Before entering upon the duties of his
2or her office, he or she shall give bond, with 2 or more
3sufficient sureties (or, if the county is self-insured, the
4county through its self-insurance program may provide
5bonding), to be approved by the circuit court for each his or
6her county in which the person will serve as medical examiner,
7in the penal sum of $5,000, which shall cover both the medical
8examiner coroner and any deputy medical examiners or
9investigators deputies, payable to the People of the State of
10Illinois, conditioned that each will faithfully discharge all
11the duties required or to be required of him by law as such
12medical examiner coroner, deputy medical examiner,
13investigator, coroner or as sheriff of the county, in case he
14or she shall act as such. The bond shall be entered of record
15in the court and filed in the office of the county clerk of his
16or her county. The costs of the bond shall be paid by the
17county.
18(Source: P.A. 88-387.)
 
19    (55 ILCS 5/3-3007)  (from Ch. 34, par. 3-3007)
20    Sec. 3-3007. Conservator of the peace. Each medical
21examiner coroner shall be conservator of the peace in his
22county, and, in the performance of his duties as such, shall
23have the same powers as the sheriff.
24(Source: P.A. 86-962.)
 

 

 

HB4235- 137 -LRB101 15666 AWJ 65707 b

1    (55 ILCS 5/3-3008)  (from Ch. 34, par. 3-3008)
2    Sec. 3-3008. Medical examiner Coroner to act when sheriff
3prejudiced. When it appears from the papers in a case that the
4sheriff or his deputy is a party thereto, or from affidavit
5filed that he is interested therein, or is of kin, or partial
6to or prejudiced against either party, the summons, execution
7or other process may be directed to the medical examiner
8coroner, who shall perform all the duties in relation thereto,
9and attend to the suit in like manner as if he were sheriff;
10and the interests, consanguinity, partiality or prejudice of
11the sheriff shall not be cause for a change of venue.
12(Source: P.A. 86-962.)
 
13    (55 ILCS 5/3-3009)  (from Ch. 34, par. 3-3009)
14    Sec. 3-3009. Deputy medical examiner's coroner's,
15sheriff's or police officer's performance of medical
16examiner's coroner's duties. If there is no medical examiner
17coroner, or it shall appear in like manner that he or she is
18also a party to or interested in the suit, or of kin, or
19partial to or prejudiced against either party, or the medical
20examiner coroner has an economic or personal interest that
21conflicts with his or her official duties as medical examiner
22coroner, the medical examiner coroner shall disqualify himself
23or herself from acting at an investigation or inquest and
24process shall in like manner issue to the deputy medical
25examiner coroner if designated by the medical examiner coroner

 

 

HB4235- 138 -LRB101 15666 AWJ 65707 b

1to fill the vacancy, or, if no designation is made, to any
2sheriff, sheriff's deputy or police officer, in the county, who
3shall perform like duties as required of the medical examiner
4coroner. The designation shall be in writing and filed with the
5county clerk.
6(Source: P.A. 98-812, eff. 8-1-14.)
 
7    (55 ILCS 5/3-3010)  (from Ch. 34, par. 3-3010)
8    Sec. 3-3010. Deputy sheriff, undersheriff, or medical
9examiner coroner to act when sheriff's office vacant. Where the
10office of the sheriff is vacant, the chief deputy sheriff or
11undersheriff if designated by the sheriff to fill the vacancy,
12or, if no designation is made, the medical examiner coroner of
13the county shall perform all the duties required by law to be
14performed by the sheriff, and have the same powers, and be
15liable to the same penalties and proceedings as if he were
16sheriff, until another sheriff is elected or appointed and
17qualified. The designation shall be in writing and filed with
18the county clerk.
19(Source: P.A. 91-633, eff. 12-1-99.)
 
20    (55 ILCS 5/3-3012)  (from Ch. 34, par. 3-3012)
21    Sec. 3-3012. In-service training expenses. The medical
22examiner county coroner may maintain a special fund, from which
23the county board shall authorize payments by voucher between
24board meetings, to pay necessary travel dues and other expenses

 

 

HB4235- 139 -LRB101 15666 AWJ 65707 b

1incurred in attending workshops, educational seminars and
2organizational meetings for the purpose of providing
3in-service training.
4(Source: P.A. 86-962.)
 
5    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
6    Sec. 3-3013. Preliminary investigations; blood and urine
7analysis; summoning jury; reports. Every medical examiner or
8deputy medical examiner coroner, whenever, as soon as he or she
9knows or is informed that the dead body of any person is found,
10or lying within his county, whose death is suspected of being:
11        (a) A sudden or violent death, whether apparently
12    suicidal, homicidal or accidental, including but not
13    limited to deaths apparently caused or contributed to by
14    thermal, traumatic, chemical, electrical or radiational
15    injury, or a complication of any of them, or by drowning or
16    suffocation, or as a result of domestic violence as defined
17    in the Illinois Domestic Violence Act of 1986;
18        (b) A death due to a sex crime;
19        (c) A death where the circumstances are suspicious,
20    obscure, mysterious or otherwise unexplained or where, in
21    the written opinion of the attending physician, the cause
22    of death is not determined;
23        (d) A death where addiction to alcohol or to any drug
24    may have been a contributory cause; or
25        (e) A death where the decedent was not attended by a

 

 

HB4235- 140 -LRB101 15666 AWJ 65707 b

1    licensed physician; or
2        (f) A death of a prisoner in a county or municipal
3    jail;
4shall go to the place where the dead body is, and take charge
5of the same and shall make a preliminary investigation into the
6circumstances of the death. In the case of death without
7attendance by a licensed physician, the body may be moved with
8the medical examiner's coroner's consent from the place of
9death to a mortuary in the same county. Medical examiners
10Coroners in their discretion shall notify such physician as is
11designated in accordance with Section 3-3014 to attempt to
12ascertain the cause of death, either by autopsy or otherwise.
13If the body of a deceased person has been removed to a private
14mortuary for examination upon the order of the medical
15examiner, the keeper of such mortuary shall be allowed
16compensation, on the order of the medical examiner, for his or
17her services as the medical examiner deems reasonable out of
18the general fund of the county where the body is found.
19    Any expense incurred under the provisions of this Division
20shall be within the appropriations made therefor by the county
21board or board of county commissioners.
22    A medical examiner or deputy medical examiner may secure
23records or documents as he or she deems necessary to complete
24an investigation under this Section in the same manner as
25provided in Section 3-3026.
26    In cases of accidental death involving a motor vehicle in

 

 

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1which the decedent was (1) the operator or a suspected operator
2of a motor vehicle, or (2) a pedestrian 16 years of age or
3older, the medical examiner coroner shall require that a blood
4specimen of at least 30 cc., and if medically possible a urine
5specimen of at least 30 cc. or as much as possible up to 30 cc.,
6be withdrawn from the body of the decedent in a timely fashion
7after the accident causing his death, by such physician as has
8been designated in accordance with Section 3-3014, or by the
9medical examiner coroner or deputy medical examiner coroner or
10a qualified person designated by such physician, medical
11examiner coroner, or deputy medical examiner coroner. If the
12county does not maintain laboratory facilities for making such
13analysis, the blood and urine so drawn shall be sent to the
14Department of State Police or any other accredited or
15State-certified laboratory for analysis of the alcohol, carbon
16monoxide, and dangerous or narcotic drug content of such blood
17and urine specimens. Each specimen submitted shall be
18accompanied by pertinent information concerning the decedent
19upon a form prescribed by such laboratory. Any person drawing
20blood and urine and any person making any examination of the
21blood and urine under the terms of this Division shall be
22immune from all liability, civil or criminal, that might
23otherwise be incurred or imposed.
24    In all other cases coming within the jurisdiction of the
25medical examiner coroner and referred to in subparagraphs (a)
26through (f) (e) above, blood, and whenever possible, urine

 

 

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1samples shall be analyzed for the presence of alcohol and other
2drugs. When the medical examiner coroner suspects that drugs
3may have been involved in the death, either directly or
4indirectly, a toxicological examination shall be performed
5which may include analyses of blood, urine, bile, gastric
6contents and other tissues. When the medical examiner coroner
7suspects a death is due to toxic substances, other than drugs,
8the medical examiner coroner shall consult with the
9toxicologist prior to collection of samples. Information
10submitted to the toxicologist shall include information as to
11height, weight, age, sex and race of the decedent as well as
12medical history, medications used by and the manner of death of
13decedent.
14    When the coroner or medical examiner finds that the cause
15of death is due to homicidal means, the coroner or medical
16examiner shall cause blood and buccal specimens (tissue may be
17submitted if no uncontaminated blood or buccal specimen can be
18obtained), whenever possible, to be withdrawn from the body of
19the decedent in a timely fashion. For proper preservation of
20the specimens, collected blood and buccal specimens shall be
21dried and tissue specimens shall be frozen if available
22equipment exists. As soon as possible, but no later than 30
23days after the collection of the specimens, the coroner or
24medical examiner shall release those specimens to the police
25agency responsible for investigating the death. As soon as
26possible, but no later than 30 days after the receipt from the

 

 

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1coroner or medical examiner, the police agency shall submit the
2specimens using the agency case number to a National DNA Index
3System (NDIS) participating laboratory within this State, such
4as the Illinois Department of State Police, Division of
5Forensic Services, for analysis and categorizing into genetic
6marker groupings. The results of the analysis and categorizing
7into genetic marker groupings shall be provided to the Illinois
8Department of State Police and shall be maintained by the
9Illinois Department of State Police in the State central
10repository in the same manner, and subject to the same
11conditions, as provided in Section 5-4-3 of the Unified Code of
12Corrections. The requirements of this paragraph are in addition
13to any other findings, specimens, or information that the
14coroner or medical examiner is required to provide during the
15conduct of a criminal investigation.
16    In all counties, in cases of apparent suicide, homicide, or
17accidental death or in other cases, within the discretion of
18the medical examiner coroner, the medical examiner coroner may
19summon 8 persons of lawful age from those persons drawn for
20petit jurors in the county. The summons shall command these
21persons to present themselves personally at such a place and
22time as the medical examiner coroner shall determine, and may
23be in any form which the medical examiner coroner shall
24determine and may incorporate any reasonable form of request
25for acknowledgement which the medical examiner coroner deems
26practical and provides a reliable proof of service. The summons

 

 

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1may be served by first class mail. From the 8 persons so
2summoned, the medical examiner coroner shall select 6 to serve
3as the jury for the inquest. Inquests may be continued from
4time to time, as the medical examiner coroner may deem
5necessary. The 6 jurors selected in a given case may view the
6body of the deceased. If at any continuation of an inquest one
7or more of the original jurors shall be unable to continue to
8serve, the medical examiner coroner shall fill the vacancy or
9vacancies. A juror serving pursuant to this paragraph shall
10receive compensation from the county at the same rate as the
11rate of compensation that is paid to petit or grand jurors in
12the county. The medical examiner coroner shall furnish to each
13juror without fee at the time of his discharge a certificate of
14the number of days in attendance at an inquest, and, upon being
15presented with such certificate, the county treasurer shall pay
16to the juror the sum provided for his services.
17    In counties which have a jury commission, in cases of
18apparent suicide or homicide or of accidental death, the
19medical examiner coroner may conduct an inquest. The jury
20commission shall provide at least 8 jurors to the medical
21examiner coroner, from whom the medical examiner coroner shall
22select any 6 to serve as the jury for the inquest. Inquests may
23be continued from time to time as the medical examiner coroner
24may deem necessary. The 6 jurors originally chosen in a given
25case may view the body of the deceased. If at any continuation
26of an inquest one or more of the 6 jurors originally chosen

 

 

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1shall be unable to continue to serve, the medical examiner
2coroner shall fill the vacancy or vacancies. At the medical
3examiner's coroner's discretion, additional jurors to fill
4such vacancies shall be supplied by the jury commission. A
5juror serving pursuant to this paragraph in such county shall
6receive compensation from the county at the same rate as the
7rate of compensation that is paid to petit or grand jurors in
8the county.
9    In every case in which a fire is determined to be a
10contributing factor in a death, the medical examiner coroner
11shall report the death to the Office of the State Fire Marshal.
12The medical examiner coroner shall provide a copy of the death
13certificate (i) within 30 days after filing the permanent death
14certificate and (ii) in a manner that is agreed upon by the
15medical examiner coroner and the State Fire Marshal.
16    In every case in which a drug overdose is determined to be
17the cause or a contributing factor in the death, the coroner or
18medical examiner shall report the death to the Department of
19Public Health. The Department of Public Health shall adopt
20rules regarding specific information that must be reported in
21the event of such a death. If possible, the medical examiner
22coroner shall report the cause of the overdose. As used in this
23Section, "overdose" has the same meaning as it does in Section
24414 of the Illinois Controlled Substances Act. The Department
25of Public Health shall issue a semiannual report to the General
26Assembly summarizing the reports received. The Department

 

 

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1shall also provide on its website a monthly report of overdose
2death figures organized by location, age, and any other
3factors, the Department deems appropriate.
4    In addition, in every case in which domestic violence is
5determined to be a contributing factor in a death, the medical
6examiner coroner shall report the death to the Department of
7State Police.
8    All deaths in State institutions and all deaths of wards of
9the State or youth in care as defined in Section 4d of the
10Children and Family Services Act in private care facilities or
11in programs funded by the Department of Human Services under
12its powers relating to mental health and developmental
13disabilities or alcoholism and substance abuse or funded by the
14Department of Children and Family Services shall be reported to
15the medical examiner coroner of the county in which the
16facility is located. If the medical examiner coroner has reason
17to believe that an investigation is needed to determine whether
18the death was caused by maltreatment or negligent care of the
19ward of the State or youth in care as defined in Section 4d of
20the Children and Family Services Act, the medical examiner
21coroner may conduct a preliminary investigation of the
22circumstances of such death as in cases of death under
23circumstances set forth in paragraphs (a) through (f) (e) of
24this Section.
25    The Department of Public Health may adopt rules for record
26keeping for medical examiner offices where necessary to

 

 

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1uniformly report on a public health issue, including those
2issues mentioned in this Section.
3    Medical examiners shall keep a record of all persons who
4have viewed a body that is subject to investigation under this
5Division while the investigation is ongoing.
6    As used in this Section:
7    "Hospice care" has the meaning given to that term in
8Section 3 of the Hospice Program Licensing Act.
9    "Licensed physician" means a person licensed under the
10Medical Practice Act of 1987.
11    "Registered nurse" has the meaning given to that term in
12Section 50-10 of the Nurse Practice Act.
13(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
 
14    (55 ILCS 5/3-3013.3 new)
15    Sec. 3-3013.3. Identification of the body.
16    (a) The medical examiner shall ascertain the identity of
17the decedent and immediately and as compassionately as possible
18notify the next of kin of the decedent's death, including the
19current location of the body. The notification described in
20this subsection is not required if a law enforcement agency
21informs the medical examiner that the notification has already
22occurred.
23    (b) If visual identification of a decedent is impossible as
24a result of burns, decomposition, or other disfiguring injuries
25or if the medical examiner is aware that the death is the

 

 

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1result of an accident that involved 2 or more individuals who
2were approximately the same age, sex, height, weight, hair
3color, eye color, and race, then the medical examiner shall
4verify the identity of the decedent through fingerprints,
5dental records, DNA, or other definitive identification
6procedures and, if the accident resulted in the survival of any
7individuals with the same attributes, shall notify the
8respective hospital or institution of his or her findings. The
9medical examiner may conduct an autopsy under Section 3-3014 if
10he or she determines that an autopsy reasonably appears to be
11required pursuant to law. After the medical examiner, a deputy
12medical examiner, or a person from law enforcement has made a
13diligent effort to locate and notify the next of kin and was
14unsuccessful in notifying the next of kin, the medical examiner
15may order or conduct the autopsy under Section 3-3014 with or
16without the consent of the next of kin of the decedent.
17    (c) The medical examiner or a deputy medical examiner shall
18keep a written record of the efforts to locate and notify the
19next of kin for a period of one year from the date of the
20autopsy.
 
21    (55 ILCS 5/3-3013.5 new)
22    Sec. 3-3013.5. Organ donation. If an investigation of the
23cause and manner of death, regardless of whether the death
24occurred in a hospital or not, is required under this Division
25and the medical examiner or his or her designee has notice that

 

 

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1the body is of an individual that was a donor or that a gift of
2all or a part of the body has been designated to be made under
3the Illinois Anatomical Gift Act or any other law, the medical
4examiner or his or her designee shall conduct the examination
5of the dead body within a time period that permits organs,
6tissues, and eyes to remain viable for transplant. If the
7medical examiner or his or her designee is unable to conduct
8the investigation within that period of time, a health
9professional or technician who is authorized to remove an
10anatomical gift from a donor may remove the donated organs,
11tissues, or eyes in order to preserve the viability of the
12donated tissues or organs for transplant upon notifying the
13medical examiner or his or her designee. If the medical
14examiner or his or her designee determines that an organ may be
15related to the cause of death, the medical examiner or his or
16her designee may do one or more of the following:
17        (1) request to be present during the removal of the
18    donated organs; or
19        (2) request a biopsy of the donated organs.
 
20    (55 ILCS 5/3-3014)  (from Ch. 34, par. 3-3014)
21    Sec. 3-3014. Autopsy to be performed by licensed physician;
22costs; reports. Any medical examination or autopsy conducted
23pursuant to this Division shall be performed by the medical
24examiner or deputy medical examiner or, as directed by the
25medical examiner, a physician duly licensed to practice

 

 

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1medicine in all of its branches, and wherever possible by one
2having special training in pathology. In Class I counties,
3medical examinations or autopsies (including those performed
4on exhumed bodies) shall be performed by physicians appointed
5or designated by the coroner, and in Class II counties by
6physicians appointed or designated by the Director of Public
7Health upon the recommendation of the advisory board on
8necropsy service to coroners after the board has consulted with
9the elected coroner. Any autopsy performed by the medical
10examiner, deputy medical examiner, or a physician so appointed
11or designated shall be deemed lawful. The cost of all
12autopsies, medical examinations, laboratory fees, if any, and
13travel expenses of the examining physician and the costs of
14exhuming a body under the authority of subsection (c) of
15Section 3-3015 shall be payable from the general fund of the
16county where the body is found. The examining physician shall
17file copies of the reports or results of his or her autopsies
18and medical examinations with the medical examiner coroner and
19also with the Department of Public Health.
20    The medical examiner shall promptly deliver or return the
21body or any portion of the body to relatives or representatives
22of the decedent after an examination or autopsy is performed
23under this Section. If there are no relatives or
24representatives of the decedent that could be located and
25notified by the medical examiner, he or she may cause the body
26to be cremated as provided in 3-3017. A medical examiner may

 

 

HB4235- 151 -LRB101 15666 AWJ 65707 b

1retain any portion of the body that he or she considers
2necessary to establish the cause of death, the conditions
3contributing to death, or the manner of death, or as evidence
4of any crime. If a portion of the body retained is an entire
5organ or limb of the decedent, the medical examiner shall
6attempt to verbally or in writing notify the relatives or
7representatives of the decedent of that retention and offer an
8opportunity for the relative or representative to request the
9return of that organ or limb. If notification is verbally made
10under this Section, the medical examiner shall follow up with
11written notification. The medical examiner or a deputy medical
12examiner shall keep a written record of the efforts to notify
13the relatives or representatives of the decedent under this
14paragraph for a period of one year from the date of the
15notification or attempt to notify. Upon determination that
16retention of the portions of the body is no longer necessary
17under this paragraph, the medical examiner shall do all of the
18following, as applicable:
19        (1) If requested in writing under this paragraph,
20    promptly deliver or return the retained organ or limb to
21    the relatives or representatives of the decedent.
22        (2) Dispose of any remaining retained body portions in
23    the manner prescribed for medical waste.
24    A medical examiner or any person acting under the authority
25of the medical examiner who performs the medical examiner's
26duties for the retention of body parts shall not be liable in a

 

 

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1civil action as a result of an act or omission by the person
2arising out of the person's good faith performance of those
3duties unless that person's act or omission was the result of
4that person's negligence.
5    No coroner may perform any autopsy required or authorized
6by law unless the coroner is a pathologist whose services are
7requested by the coroner of another county.
8(Source: P.A. 86-962; 87-317.)
 
9    (55 ILCS 5/3-3015)  (from Ch. 34, par. 3-3015)
10    Sec. 3-3015. Circumstances under which autopsy to be
11performed.
12    (a) Where a death has occurred and the circumstances
13concerning the death are suspicious, obscure, mysterious, or
14otherwise unexplained and in the opinion of the examining
15physician or the medical examiner coroner the cause of death
16cannot be established definitely except by autopsy, and where a
17death has occurred while being pursued, apprehended, or taken
18into custody by or while in the custody of any law enforcement
19agency, it is declared that the public interest requires that
20an autopsy be performed, and it shall be the duty and
21responsibility of the medical examiner coroner to cause an
22autopsy to be performed, including the taking of x-rays and the
23performance of other medical tests as the medical examiner
24coroner deems appropriate.
25    (b) The medical examiner coroner shall instruct involved

 

 

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1parties that embalming of the body is not to be conducted until
2the toxicology samples are drawn. If a child dies from
3suspicious or unexplained circumstances, the medical examiner
4coroner shall secure the services of a pathologist. The
5Department of Public Health shall provide medical examiners
6coroners and pathologists with a child death autopsy protocol.
7    (c) If the medical examiner coroner determines it advisable
8to exhume a body for the purpose of investigation or autopsy or
9both, and the medical examiner coroner would have been
10authorized under this Section to perform an investigation or
11autopsy on the body before it was interred, the medical
12examiner coroner may exhume the body after consulting on the
13matter with the state's attorney and upon the order of the
14circuit court directing the exhumation upon the petition of the
15state's attorney.
16(Source: P.A. 86-962; 87-317; 87-419; 87-895.)
 
17    (55 ILCS 5/3-3016.5)
18    Sec. 3-3016.5. Sudden, unexpected death in epilepsy
19(SUDEP).
20    (a) All autopsies conducted in this State shall include an
21inquiry to determine whether the death was a direct result of a
22seizure or epilepsy. If the findings in an autopsy of a medical
23examiner, or examining physician, or coroner are consistent
24with known or suspected sudden, unexpected death in epilepsy
25(SUDEP), then the medical examiner, or examining physician, or

 

 

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1coroner shall:
2        (1) cause to be indicated on the death certificate that
3    SUDEP is the cause or suspected cause of death; and
4        (2) forward a copy of the death certificate to the
5    North American SUDEP Registry at the Langone Medical Center
6    at New York University within 30 days.
7     (b) For the purposes of this Section, "sudden, unexpected
8death in epilepsy" refers to a death in a patient previously
9diagnosed with epilepsy that is not due to trauma, drowning,
10status epilepticus, or other known causes, but for which there
11is often evidence of an associated seizure. A finding of
12sudden, unexpected death in epilepsy is definite when clinical
13criteria are met and autopsy reveals no alternative cause of
14death, such as stroke, myocardial infarction, or drug
15intoxication, although there may be evidence of a seizure.
16(Source: P.A. 98-340, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
17    (55 ILCS 5/3-3017)  (from Ch. 34, par. 3-3017)
18    Sec. 3-3017. Cremation. In any death where the remains are
19to be cremated, it shall be the duty of the funeral director or
20person having custody of the dead body to obtain from the
21medical examiner coroner a permit to cremate the body. The
22medical examiner's coroner's permit to cremate shall be
23presented to the local registrar in applying for the Permit for
24Disposition of Dead Human Body provided for in Section 21 of
25the Vital Records Act, and the local registrar shall attach the

 

 

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1medical examiner's coroner's permit to cremate to the Permit
2for Disposition of Dead Human Body which is issued. No
3crematory shall cremate a dead human body unless a Permit for
4Disposition of Dead Human Body with an attached medical
5examiner's coroner's permit to cremate has been furnished to
6authorize the cremation. Any person knowingly violating the
7provisions of this Section is guilty of a Class A misdemeanor.
8(Source: P.A. 86-962; 86-1028; 87-895.)
 
9    (55 ILCS 5/3-3018)  (from Ch. 34, par. 3-3018)
10    Sec. 3-3018. Death certificates. Every medical examiner
11coroner, as soon as he shall have completed his investigation
12of the cause and circumstances of any death coming within his
13jurisdiction hereunder, shall issue a death certificate on the
14form prescribed by law.
15(Source: P.A. 86-962.)
 
16    (55 ILCS 5/3-3019)  (from Ch. 34, par. 3-3019)
17    Sec. 3-3019. Removal of bodies and property; violation.
18    (a) No dead body which may be subject to the terms of this
19Division, or the personal property of such a deceased person,
20shall be handled, moved, disturbed, embalmed or removed from
21the place of death by any person, except with the permission of
22the medical examiner coroner, unless the same shall be
23necessary to protect such body or property from damage or
24destruction, or unless necessary to protect life, safety, or

 

 

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1health. Any person knowingly violating the provisions of this
2subsection Section is guilty of a Class A misdemeanor.
3    (b) In all cases arising under the provisions of this
4Division, in the absence of next of kin of the deceased person,
5the most senior law enforcement officer being concerned with
6the matter, and in the absence of law enforcement, the medical
7examiner or his or her deputy medical examiner, shall take
8possession of all property of value found upon the person of
9the deceased, make an exact inventory report thereof and shall
10deliver the property, unless required as evidence, to the
11person entitled to the custody or possession of the body. If
12the personal property of value is not claimed by the person
13entitled to the custody or possession of the body of the
14decedent within 60 days, the property shall be disposed of
15under Section 3-3033; or, if required as evidence, the
16property, within 60 days after the termination of any
17proceeding or appeal period therefrom, shall be turned over to
18the person entitled to the custody or possession of the body or
19disposed of under Section 3-3033. Nothing in this subsection
20shall affect the powers and duties of a public administrator.
21(Source: P.A. 86-962.)
 
22    (55 ILCS 5/3-3020)  (from Ch. 34, par. 3-3020)
23    Sec. 3-3020. Medical examiner Coroner to be notified;
24violation; elderly and vulnerable adult death review team
25notification.

 

 

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1    (a) Every law enforcement official, funeral director,
2ambulance attendant, hospital director or administrator or
3person having custody of the body of a deceased person, where
4the death is one subject to investigation under Section 3-3013,
5and any physician in attendance upon such a decedent at the
6time of his death, shall notify the medical examiner coroner
7promptly. Any such person failing to so notify the medical
8examiner coroner promptly shall be guilty of a Class A
9misdemeanor, unless such person has reasonable cause to believe
10that the medical examiner coroner had already been so notified.
11    (b) If a person required to notify the medical examiner
12under subsection (a) has knowledge that there were 2 or more
13individuals involved in the same incident who were
14approximately the same age, sex, height, weight, hair color,
15eye color, and race, then he or she shall make the medical
16examiner or deputy medical examiner aware of that fact and
17whether or not any of those individuals survived that incident
18when notifying the medical examiner or deputy medical examiner
19of the death as required under subsection (a). If any of those
20individuals survived, the medical examiner or deputy medical
21examiner shall also be informed which hospital or institution
22those individuals were taken to and the hospital or institution
23shall also be made aware that the incident involved 2 or more
24individuals with similar attributes.
25    (c) If an elderly and vulnerable adult death review team is
26established under Section 3-3003, a medical examiner or deputy

 

 

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1medical examiner who receives notice of a death of an elderly
2or vulnerable adult who died unexpectedly or under suspicious
3circumstances may refer the case to the elderly and vulnerable
4adult death review team. Upon receipt of a referral under this
5subsection, the elderly and vulnerable adult death review team
6shall conduct a review of this matter. Information obtained
7under this subsection by an elderly and vulnerable adult death
8review team is confidential and may be disclosed by the elderly
9and vulnerable adult death review team only to the medical
10examiner, the State's Attorney's office, local law
11enforcement, or another elderly and vulnerable adult death
12review team, as appropriate. The information obtained under
13this subsection by an elderly and vulnerable adult death review
14team is exempt from disclosure under the Freedom of Information
15Act.
16(Source: P.A. 86-962.)
 
17    (55 ILCS 5/3-3021)  (from Ch. 34, par. 3-3021)
18    Sec. 3-3021. Public policy; release of body to next of kin.
19As a guide to the interpretation and application of this
20Division it is declared that the public policy of the State is
21as follows:
22    That as soon as may be consistent with the performance of
23his duties under this Division the medical examiner coroner
24shall release the body of the decedent to the decedent's next
25of kin, personal representative, friends, or to the person

 

 

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1designated in writing by the decedent or to the funeral
2director selected by such persons, as the case may be, for
3burial, and none of the duties or powers of medical examiners
4coroners enumerated in this Division shall be construed to
5interfere with or control the right of such persons to the
6custody and burial of the decedent upon completion of the
7medical examiner's coroner's investigation.
8    Nothing herein shall be construed to preclude the medical
9examiner coroner from consulting with the decedent's next of
10kin, personal representative, friends or the person designated
11in writing by the decedent where the decedent was under
12treatment by prayer or spiritual means alone in accordance with
13the tenets and practice of a well recognized church or
14religious denomination in making his preliminary investigation
15under subsection (E) of Section 3-3013, nor shall anything
16herein contained be construed to require an autopsy by reason
17of the sole fact that the decedent was under treatment by
18prayer or spiritual means alone.
19(Source: P.A. 86-962.)
 
20    (55 ILCS 5/3-3022)  (from Ch. 34, par. 3-3022)
21    Sec. 3-3022. Bystanders. If a sufficient number of jurors
22so summoned do not attend, the medical examiner coroner may
23summon others from among the bystanders to make up the jury.
24(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/3-3024)  (from Ch. 34, par. 3-3024)
2    Sec. 3-3024. Oath of jurors. When the jury are assembled,
3the medical examiner coroner shall appoint one of the number as
4foreman, and administer to him an oath or affirmation, in the
5following form, to-wit:
6    You, as foreman to this inquest, do solemnly swear (or
7affirm, as the case may require), that you will diligently
8inquire, and true presentment make, how, and in what manner,
9and by whom or what, the body which lies dead, came to its
10death; and that you will deliver to me, the medical examiner
11coroner of this county, a true inquest thereof, according to
12such evidence as shall be given you, and according to the best
13of your knowledge and belief; so help you God.
14    And to the other jurors, one as follows, to-wit:
15    The same oath which A B, your foreman has just now taken on
16his part, you and each of you do solemnly swear (or affirm, as
17the case may require), to keep on your respective parts; so
18help you God.
19(Source: P.A. 86-962.)
 
20    (55 ILCS 5/3-3025)  (from Ch. 34, par. 3-3025)
21    Sec. 3-3025. Verdict of jury. It shall be the duty of the
22jurors, as sworn aforesaid, to inquire how, in what manner, and
23by whom or what, the said dead body came to its death, and of
24all other facts of and concerning the same, together with all
25material circumstances in anywise related to or connected with

 

 

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1the said death, and make up and sign a verdict, and deliver the
2same to the medical examiner coroner. As part of its verdict,
3the jury may make recommendations other than for criminal
4prosecutions.
5(Source: P.A. 86-962.)
 
6    (55 ILCS 5/3-3026)  (from Ch. 34, par. 3-3026)
7    Sec. 3-3026. Summoning witnesses; subpoenas. The medical
8examiner coroner shall have power to summon, or cause to be
9summoned, and compel the attendance of all such witnesses whose
10testimony may probably be requisite to the proving of any fact
11or circumstance relating to the object of such his inquest, and
12to administer to such witnesses the proper oath.
13    If the medical examiner coroner is unable to secure records
14or documents he deems necessary to complete the investigation
15required by Section 3-3013, or for the establishing or proving
16of any fact or circumstance relating to the object of his
17inquest, he shall appear before the circuit judge of the county
18for which he is medical examiner coroner and, upon good cause
19shown, said judge shall issue a subpoena for the delivery to
20the medical examiner coroner of the documents or records
21requested.
22(Source: P.A. 86-962.)
 
23    (55 ILCS 5/3-3027)  (from Ch. 34, par. 3-3027)
24    Sec. 3-3027. Notice of inquest. The medical examiner

 

 

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1coroner shall make a reasonable attempt to notify the family of
2the deceased, and all known eyewitnesses to the death, of the
3date an inquest is to be held. Such notice shall be given at
4least 7 days before the date of the inquest. Such family
5members or eyewitnesses shall, if they request it, be given an
6opportunity to testify at the inquest. For purposes of this
7Section, "family" includes the parents, children, brothers and
8sisters of the deceased.
9(Source: P.A. 86-962.)
 
10    (55 ILCS 5/3-3028)  (from Ch. 34, par. 3-3028)
11    Sec. 3-3028. Recognizance of witness. If the evidence of
12any witness implicates any person as the unlawful slayer of the
13person over whom the inquest is held, the medical examiner
14coroner shall recognize such witness in such sum as he may
15think proper, to be and appear at the Circuit Court for the
16county on a designated day, within 30 days from the date of the
17recognizance, or as soon after such designated day as the court
18is in session, there to give evidence of the matter in
19question, and not depart without leave.
20(Source: P.A. 86-962.)
 
21    (55 ILCS 5/3-3029)  (from Ch. 34, par. 3-3029)
22    Sec. 3-3029. Commitment of witness; returns. If any witness
23shall refuse to enter into such recognizance, it shall be the
24duty of the medical examiner coroner to commit the witness so

 

 

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1refusing to the common jail of the county, there to remain
2until discharged according to law; and the medical examiner
3coroner shall carefully seal up and return to the clerk of the
4court the verdict of the jury, and the recognizances, and it
5shall be the duty of the clerk to carefully file and preserve
6the same.
7(Source: P.A. 86-962.)
 
8    (55 ILCS 5/3-3031)  (from Ch. 34, par. 3-3031)
9    Sec. 3-3031. Testimony reduced to writing; medical
10examiner's coroner's verdict not admissible in civil suit. The
11medical examiner coroner shall cause the testimony of each
12witness who may be sworn and examined at any inquest to be
13written out and signed by said witness, together with his
14occupation and place of residence, which testimony shall be
15filed with said medical examiner coroner in his office and
16carefully preserved: Provided, the medical examiner coroner
17may cause the testimony of such witnesses to be recorded or
18taken in shorthand minutes and transcribed by a competent
19person, who shall certify that the transcript of the evidence
20so taken and transcribed by him from notes or a recording is a
21true and correct copy of the original minutes taken at said
22inquest and is a true and correct statement of the testimony of
23each of the several witnesses who have testified at said
24inquest. Which said transcript shall be filed and carefully
25preserved in the office of the medical examiner coroner: And,

 

 

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1provided, further, that whenever the testimony of the several
2witnesses at such inquest shall have been recorded or taken in
3shorthand minutes and transcribed as above provided for, the
4several witnesses shall not be required to sign such transcript
5or other statement of his testimony. Provided, further, that in
6any suit or proceeding hereafter commenced for the recovery of
7damages arising from or growing out of injuries caused by the
8negligence of any person, firm or corporation resulting in the
9death of any person or for the collection of a policy of
10insurance, neither the medical examiner's coroner's verdict
11returned upon the inquisition as provided herein, nor a copy
12thereof, shall be admissible as evidence to prove or establish
13any of the facts in controversy in said civil suit or
14proceeding.
15(Source: P.A. 86-962.)
 
16    (55 ILCS 5/3-3032)  (from Ch. 34, par. 3-3032)
17    Sec. 3-3032. Inquest record. Every medical examiner
18coroner shall, at the expense of the county, be supplied with
19proper record books wherein he shall enter the name, if known,
20of each person upon whose body an inquest shall be held,
21together with the names of the jurors comprising the jury, the
22names, residences and occupations of the witnesses who are
23sworn and examined, and the verdict of the jury; in case the
24name of the person deceased is not known, the medical examiner
25coroner shall make out a description of said person, and enter

 

 

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1the same upon the record book to be so kept by him, together
2with all such facts and circumstances attending the death which
3may be known, and which may lead to the identification of the
4person; and shall carefully take an inventory of said person's
5personal effects and property of every kind and nature
6whatever, and state on his records what has been done with the
7same, and where the proceeds of any such property and the money
8and papers, if any, are deposited.
9(Source: P.A. 86-962.)
 
10    (55 ILCS 5/3-3033)  (from Ch. 34, par. 3-3033)
11    Sec. 3-3033. Disposition of property. When any valuable
12personal property, money or papers, are found upon or near the
13body which is the subject of a medical examiner's coroner's
14investigation, inquiry or inquest is , the coroner shall take
15charge of the same and deliver the same to those entitled to
16its care or possession; but if not claimed as provided in
17Section 3-3019, or if the same shall be necessary to defray the
18expenses of the burial, the medical examiner coroner shall,
19after giving 10 days' notice of the time and place of sale,
20sell such property, and after deducting medical examiner's
21coroner's fees and funeral expenses, deposit the proceeds
22thereof, and the money and papers so found, with the county
23treasurer, taking his receipt therefor, there to remain subject
24to the order of the legal representatives of the deceased, if
25claimed within 5 years thereafter, or if not claimed within

 

 

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1that time, to vest in the county.
2(Source: P.A. 86-962.)
 
3    (55 ILCS 5/3-3034)  (from Ch. 34, par. 3-3034)
4    Sec. 3-3034. Disposition of body. After the inquest the
5medical examiner coroner may deliver the body or human remains
6of the deceased to the family of the deceased or, if there are
7no family members to accept the body or the remains, then to
8friends of the deceased, if there be any, but if not, the
9medical examiner coroner shall cause the body or the remains to
10be decently buried, cremated, or donated for medical science
11purposes, the expenses to be paid from the property of the
12deceased, if there is sufficient, if not, by the county. The
13medical examiner coroner may not approve the cremation or
14donation of the body if it is necessary to preserve the body
15for law enforcement purposes. If the State Treasurer, pursuant
16to the Revised Uniform Unclaimed Property Act, delivers human
17remains to the medical examiner coroner, the medical examiner
18coroner shall cause the human remains to be disposed of as
19provided in this Section. If the police department of any
20municipality or county investigates abandoned cremated
21remains, determines that they are human remains, and cannot
22locate the owner of the remains, then the police shall deliver
23the remains to the medical examiner coroner, and the medical
24examiner coroner shall cause the remains to be disposed of as
25provided in this Section.

 

 

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1(Source: P.A. 100-22, eff. 1-1-18.)
 
2    (55 ILCS 5/3-3035)  (from Ch. 34, par. 3-3035)
3    Sec. 3-3035. Liability of common carrier for burial
4expenses. When any railroad, common carrier, airline or any
5steamboat, barge, propeller or other vessel engaged in whole or
6in part in carrying passengers for hire, brings the dead body
7of any person into this State; or, wherever any person dies
8upon any railroad car, airplane or any such steamboat, barge,
9propeller or other vessel in this State, or any person is
10killed by cars or machinery of any railroad company, or by
11accident thereto, or by accident to or upon any such airplane,
12steamboat, barge, propeller or other vessel, or by accident
13thereto, or when the death occurs in or about any mine, mill or
14manufactory, and such death shall have been caused by the
15wrongful act, neglect or default of any such railroad company,
16common carrier, airline, steamboat, barge, propeller or other
17vessel owner, or of the owner of any mine, mill or manufactory,
18the company or person owning or operating such railroad cars,
19common carrier, airline, machinery, barge, steamboat,
20propeller or other vessel, mine, mill or manufactory, shall be
21liable to pay the expenses of the medical examiner's coroner's
22inquest upon and for the burial of the deceased, and the same
23may be recovered in the name of the county, in any circuit
24court.
25(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/3-3036)  (from Ch. 34, par. 3-3036)
2    Sec. 3-3036. Arrest of slayer based on verdict. If a person
3implicated by the inquest as the unlawful slayer of the
4deceased or an accessory thereto is not in custody therefor,
5the medical examiner coroner acting upon the signed verdict of
6his jury shall, in his capacity as conservator of the peace,
7apprehend such person and immediately bring him before a judge
8of the circuit court of his county to be dealt with according
9to law on a criminal charge preferred on the basis of such
10verdict.
11(Source: P.A. 86-962.)
 
12    (55 ILCS 5/3-3037)  (from Ch. 34, par. 3-3037)
13    Sec. 3-3037. Embalming dead body. No licensed embalmer or
14person shall embalm the dead body of any person with, or inject
15therein, or place thereon any fluid or preparation of any kind
16before obtaining permission from the medical examiner coroner
17where such body is the subject of a medical examiner's
18coroner's inquest. Any person who shall violate the provision
19of this Section commits a business offense and shall be fined
20not exceeding $5,000.
21(Source: P.A. 86-962.)
 
22    (55 ILCS 5/3-3038)  (from Ch. 34, par. 3-3038)
23    Sec. 3-3038. Medical examiner Coroner in military service.

 

 

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1In case any medical examiner coroner is called into the active
2military service of the United States, the office of medical
3examiner coroner shall not be deemed to be vacant during the
4time such medical examiner coroner is in the active military
5service of the United States, but the presiding officer of the
6county board of the county, with the advice and consent of the
7county board, shall appoint some competent and qualified person
8to perform and discharge the duties of medical examiner coroner
9in such county during the time such medical examiner coroner is
10in the active military service of the United States, and such
11person shall receive the same compensation as provided by law
12for the medical examiner coroner, apportioned as to the time of
13service, and such appointment and all authority thereunder
14shall cease upon the discharge of such medical examiner coroner
15from the active military service of the United States. Such
16appointee shall give a bond as required of regularly appointed
17medical examiners elected coroners.
18(Source: P.A. 86-962.)
 
19    (55 ILCS 5/3-3040)  (from Ch. 34, par. 3-3040)
20    Sec. 3-3040. Appointment of deputies. Each medical
21examiner coroner may appoint one or more persons licensed to
22practice medicine in this State as deputy medical examiners
23deputies as the medical examiner coroner, in his or her sole
24discretion, determines necessary and appropriate, subject to
25county board appropriations. The appointment shall be in

 

 

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1writing and signed by the medical examiner coroner. A deputy
2medical examiner's deputy's compensation shall be determined
3by the county board or board of county commissioners.
4(Source: P.A. 88-281.)
 
5    (55 ILCS 5/3-3041)  (from Ch. 34, par. 3-3041)
6    Sec. 3-3041. Oath of deputies. Each deputy shall, before
7entering upon the duties of his office take and subscribe an
8oath or affirmation, in like form as required of medical
9examiners coroners, which shall be filed in the office of the
10county clerk.
11(Source: P.A. 86-962.)
 
12    (55 ILCS 5/3-3042)  (from Ch. 34, par. 3-3042)
13    Sec. 3-3042. Duties of deputies. Deputy medical examiners
14coroners, duly appointed and qualified, may perform any and all
15of the duties of the medical examiner coroner in the name of
16the medical examiner coroner, and the acts of such deputies
17shall be held to be acts of the medical examiner coroner.
18(Source: P.A. 91-357, eff. 7-29-99.)
 
19    (55 ILCS 5/3-3043)  (from Ch. 34, par. 3-3043)
20    Sec. 3-3043. Vacancy; appointed coroner. When a permanent
21vacancy in the office of medical examiner coroner occurs and
22the position is an appointed one, the county board or board of
23county commissioners shall fill the vacancy within 60 days from

 

 

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1the time the vacancy occurs. If the sheriff of the county is
2selected to perform the duties of the coroner and the sheriff
3agrees to serve in that capacity, the sheriff may be
4compensated for those duties. This compensation shall be in
5addition to all other compensation received as sheriff. Any
6sheriff who is serving as coroner before the effective date of
7this amendatory Act of 1991 must be reappointed in order to
8continue to serve as coroner and to receive additional
9compensation under this Section.
10(Source: P.A. 87-738.)
 
11    (55 ILCS 5/3-3045)
12    Sec. 3-3045. Disposal of medications. A coroner or medical
13examiner may dispose of any unused medications found at the
14scene of a death the coroner or medical examiner is
15investigating under Section 18 of the Safe Pharmaceutical
16Disposal Act.
17(Source: P.A. 99-648, eff. 1-1-17.)
 
18    (55 ILCS 5/3-3046 new)
19    Sec. 3-3046. Home rule. A home rule county may not regulate
20medical examiners in a manner inconsistent with this Division.
21This Division is a limitation under subsection (i) of Section 6
22of Article VII of the Illinois Constitution on the concurrent
23exercise by home rule units of powers and functions exercised
24by the State.
 

 

 

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1    (55 ILCS 5/3-14002)  (from Ch. 34, par. 3-14002)
2    Sec. 3-14002. Position-classification agency. The Board of
3Commissioners shall have the authority to create a
4position-classification agency and to delegate to such agency
5the power to establish and maintain a position-classification
6and compensation plan for all county employees except those
7whose election or appointment is otherwise provided for by law
8and except those enumerated in Section 3-14022. Without
9limitation as to the generality hereof the authority of such
10agency shall also extend to the offices of the Clerk of the
11Circuit Court, Sheriff, County Treasurer, Recorder, Medical
12Examiner Coroner, Jury Commissioners, Public Defender, County
13Clerk, State's Attorney, County Assessor, Board of Appeals and
14Superintendent of Schools.
15(Source: P.A. 86-962.)
 
16    (55 ILCS 5/4-6001)  (from Ch. 34, par. 4-6001)
17    Sec. 4-6001. Officers in counties of less than 2,000,000.
18    (a) In all counties of less than 2,000,000 inhabitants, the
19compensation of Medical Examiners Coroners, County Treasurers,
20County Clerks, Recorders and Auditors shall be determined under
21this Section. The County Board in those counties shall fix the
22amount of the necessary clerk hire, stationery, fuel and other
23expenses of those officers. The compensation of those officers
24shall be separate from the necessary clerk hire, stationery,

 

 

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1fuel and other expenses, and such compensation (except for
2medical examiners coroners in those counties with less than
32,000,000 population in which the medical examiner's coroner's
4compensation is set in accordance with Section 4-6002) shall be
5fixed within the following limits:
6    To each such officer in counties containing less than
714,000 inhabitants, not less than $13,500 per annum.
8    To each such officer in counties containing 14,000 or more
9inhabitants, but less than 30,000 inhabitants, not less than
10$14,500 per annum.
11    To each such officer in counties containing 30,000 or more
12inhabitants but less than 60,000 inhabitants, not less than
13$15,000 per annum.
14    To each such officer in counties containing 60,000 or more
15inhabitants but less than 100,000 inhabitants, not less than
16$15,000 per annum.
17    To each such officer in counties containing 100,000 or more
18inhabitants but less than 200,000 inhabitants, not less than
19$16,500 per annum.
20    To each such officer in counties containing 200,000 or more
21inhabitants but less than 300,000 inhabitants, not less than
22$18,000 per annum.
23    To each such officer in counties containing 300,000 or more
24inhabitants but less than 2,000,000 inhabitants, not less than
25$20,000 per annum.
26    (b) Those officers beginning a term of office before

 

 

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1December 1, 1990 shall be compensated at the rate of their base
2salary. "Base salary" is the compensation paid for each of
3those offices, respectively, before July 1, 1989.
4    (c) Those officers beginning a term of office on or after
5December 1, 1990 shall be compensated as follows:
6        (1) Beginning December 1, 1990, base salary plus at
7    least 3% of base salary.
8        (2) Beginning December 1, 1991, base salary plus at
9    least 6% of base salary.
10        (3) Beginning December 1, 1992, base salary plus at
11    least 9% of base salary.
12        (4) Beginning December 1, 1993, base salary plus at
13    least 12% of base salary.
14    (d) In addition to but separate and apart from the
15compensation provided in this Section, the county clerk of each
16county, the recorder of each county, and the chief clerk of
17each county board of election commissioners shall receive an
18award as follows:
19        (1) $4,500 per year after January 1, 1998;
20        (2) $5,500 per year after January 1, 1999; and
21        (3) $6,500 per year after January 1, 2000.
22The total amount required for such awards each year shall be
23appropriated by the General Assembly to the State Board of
24Elections which shall distribute the awards in annual lump sum
25payments to the several county clerks, recorders, and chief
26election clerks. Beginning December 1, 1990, this annual award,

 

 

HB4235- 175 -LRB101 15666 AWJ 65707 b

1and any other award or stipend paid out of State funds to
2county officers, shall not affect any other compensation
3provided by law to be paid to county officers.
4    (e) Beginning December 1, 1990, no county board may reduce
5or otherwise impair the compensation payable from county funds
6to a county officer if the reduction or impairment is the
7result of the county officer receiving an award or stipend
8payable from State funds.
9    (f) The compensation, necessary clerk hire, stationery,
10fuel and other expenses of the county auditor, as fixed by the
11county board, shall be paid by the county.
12    (g) The population of all counties for the purpose of
13fixing compensation, as herein provided, shall be based upon
14the last Federal census immediately previous to the election of
15the officer in question in each county.
16    (h) With respect to an auditor who takes office on or after
17the effective date of this amendatory Act of the 95th General
18Assembly, the auditor shall receive an annual stipend of $6,500
19per year. The General Assembly shall appropriate the total
20amount required for the stipend each year from the Personal
21Property Tax Replacement Fund to the Department of Revenue, and
22the Department of Revenue shall distribute the awards in an
23annual lump sum payment to each county auditor. The stipend
24shall be in addition to, but separate and apart from, the
25compensation provided in this Section. No county board may
26reduce or otherwise impair the compensation payable from county

 

 

HB4235- 176 -LRB101 15666 AWJ 65707 b

1funds to the auditor if the reduction or impairment is the
2result of the auditor receiving an award or stipend pursuant to
3this subsection.
4(Source: P.A. 97-72, eff. 7-1-11.)
 
5    (55 ILCS 5/4-6002)  (from Ch. 34, par. 4-6002)
6    Sec. 4-6002. Medical examiners Coroners in counties of less
7than 2,000,000.
8    (a) The County Board, in all counties of less than
92,000,000 inhabitants, shall fix the compensation of medical
10examiners Coroners within the limitations fixed by this
11Division, and shall appropriate for their necessary clerk hire,
12stationery, fuel, supplies, and other expenses. The
13compensation of the medical examiners Coroner shall be fixed
14separately from his necessary clerk hire, stationery, fuel and
15other expenses, and such compensation shall be fixed within the
16following limits:
17    To each medical examiner Coroner in counties containing
18less than 5,000 inhabitants, not less than $4,500 per annum.
19    To each medical examiner Coroner in counties containing
205,000 or more inhabitants but less than 14,000 inhabitants, not
21less than $6,000 per annum.
22    To each medical examiner Coroner in counties containing
2314,000 or more inhabitants, but less than 30,000 inhabitants,
24not less than $9,000 per annum.
25    To each medical examiner Coroner in counties containing

 

 

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130,000 or more inhabitants, but less than 60,000 inhabitants,
2not less than $14,000 per annum.
3    To each medical examiner Coroner in counties containing
460,000 or more inhabitants, but less than 100,000 inhabitants,
5not less than $15,000 per annum.
6    To each medical examiner Coroner in counties containing
7100,000 or more inhabitants, but less than 200,000 inhabitants,
8not less than $16,500 per annum.
9    To each medical examiner Coroner in counties containing
10200,000 or more inhabitants, but less than 300,000 inhabitants,
11not less than $18,000 per annum.
12    To each medical examiner Coroner in counties containing
13300,000 or more inhabitants, but less than 2,000,000
14inhabitants, not less than $20,000 per annum.
15    The population of all counties for the purpose of fixing
16compensation, as herein provided, shall be based upon the last
17Federal census immediately previous to the election of the
18medical examiner Coroner in question in each county. This
19Section does not apply to a county which has abolished the
20elective office of medical examiner coroner.
21    (b) Those medical examiners coroners beginning a term of
22office on or after December 1, 1990 shall be compensated as
23follows:
24        (1) Beginning December 1, 1990, base salary plus at
25    least 3% of base salary.
26        (2) Beginning December 1, 1991, base salary plus at

 

 

HB4235- 178 -LRB101 15666 AWJ 65707 b

1    least 6% of base salary.
2        (3) Beginning December 1, 1992, base salary plus at
3    least 9% of base salary.
4        (4) Beginning December 1, 1993, base salary plus at
5    least 12% of base salary.
6    "Base salary", as used in this subsection (b), means the
7salary in effect before July 1, 1989.
8    (c) In addition to, but separate and apart from, the
9compensation provided in this Section, subject to
10appropriation, the medical examiner coroner of each county
11shall receive an annual stipend of $6,500 to be paid by the
12Illinois Department of Revenue out of the Personal Property Tax
13Replacement Fund if his or her term begins on or after December
141, 2000.
15(Source: P.A. 97-72, eff. 7-1-11.)
 
16    (55 ILCS 5/Div. 4-7 heading)
17
Division 4-7. Medical Examiner's Coroner's Fees

 
18    (55 ILCS 5/4-7001)  (from Ch. 34, par. 4-7001)
19    Sec. 4-7001. Medical examiner's Coroner's fees. The fees of
20the medical examiner's coroner's office shall be as follows:
21        1. For a copy of a transcript of sworn testimony: $5.00
22    per page.
23        2. For a copy of an autopsy report (if not included in
24    transcript): $50.00.

 

 

HB4235- 179 -LRB101 15666 AWJ 65707 b

1        3. For a copy of the verdict of a medical examiner's
2    coroner's jury: $5.00.
3        4. For a copy of a toxicology report: $25.00.
4        5. For a print of or an electronic file containing a
5    picture obtained by the medical examiner coroner: actual
6    cost or $3.00, whichever is greater.
7        6. For each copy of miscellaneous reports, including
8    artist's drawings but not including police reports: actual
9    cost or $25.00, whichever is greater.
10        7. For a coroner's or medical examiner's permit to
11    cremate a dead human body: $50.00. The medical examiner
12    coroner may waive, at his or her discretion, the permit fee
13    if the medical examiner coroner determines that the person
14    is indigent and unable to pay the permit fee or under other
15    special circumstances.
16    All of which fees shall be certified by the court; in the
17case of inmates of any State charitable or penal institution,
18the fees shall be paid by the operating department or
19commission, out of the State Treasury. The medical examiner
20coroner shall file his or her claim in probate for his or her
21fees and he or she shall render assistance to the State's
22attorney in the collection of such fees out of the estate of
23the deceased. In counties of less than 1,000,000 population,
24the State's attorney shall collect such fees out of the estate
25of the deceased.
26    Except as otherwise provided in this Section, whenever the

 

 

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1medical examiner coroner is required by law to perform any of
2the duties of the office of the sheriff, the medical examiner
3coroner is entitled to the like fees and compensation as are
4allowed by law to the sheriff for the performance of similar
5services.
6    Except as otherwise provided in this Section, whenever the
7medical examiner coroner of any county is required to travel in
8the performance of his or her duties, he or she shall receive
9the same mileage fees as are authorized for the sheriff of such
10county.
11    All fees under this Section collected by or on behalf of
12the medical examiner's coroner's office shall be paid over to
13the county treasurer and deposited into a special account in
14the county treasury. Moneys in the special account shall be
15used solely for the purchase of electronic and forensic
16identification equipment or other related supplies and the
17operating expenses of the medical examiner's coroner's office.
18(Source: P.A. 96-1161, eff. 7-21-10.)
 
19    (55 ILCS 5/4-11002)  (from Ch. 34, par. 4-11002)
20    Sec. 4-11002. Juror's fees on inquest. The fees of each
21juror attending an inquest shall be fixed by the county board
22at a sum not to exceed $10 per inquest and not to exceed $40 per
23day, payable out of the county treasury, upon the certificate
24of the medical examiner or acting medical examiner coroner or
25acting coroner of the county wherein the inquest was held. Any

 

 

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1juror may elect to waive the fees paid for attending an
2inquest.
3(Source: P.A. 97-840, eff. 1-1-13.)
 
4    (55 ILCS 5/5-1085.5)
5    Sec. 5-1085.5. Homicide and questionable death protocol.
6Each county, except home rule counties, must establish a
7written protocol to deal with homicides and questionable
8deaths. The protocol must be promulgated by the Medical
9Examiner Coroner, Sheriff, State's Attorney, all fire
10departments and fire protection districts located in the
11county, and all police departments located in the county. The
12protocol must include at least the following:
13        (a) the types of deaths that fall under the scope of
14    the protocol;
15        (b) the agencies concerned with the death;
16        (c) the area of responsibility for each agency
17    regarding the death; and
18        (d) uniform procedures concerning homicides and
19    questionable deaths.
20    If, prior to the effective date of this amendatory Act of
21the 92nd General Assembly, a county has established a written
22protocol that was agreed to by the agencies specified in this
23Section to deal with homicides and questionable deaths, then
24that protocol is deemed to satisfy the requirements of this
25Section.

 

 

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1    The protocol shall not interfere with reasonable attempts
2to preserve life, attempt resuscitation, or provide necessary
3medical services.
4(Source: P.A. 92-802, eff. 1-1-03.)
 
5    (55 ILCS 5/5-1106)  (from Ch. 34, par. 5-1106)
6    Sec. 5-1106. County offices, equipment and expenditures.
7It shall be the duty of the county board of each county:
8    First--To erect or otherwise provide when necessary, and
9the finances of the county will justify it, and keep in repair,
10a suitable court house, jail and other necessary county
11buildings, and to provide proper rooms and offices for the
12accommodation of the county board, State's attorney, county
13clerk, county treasurer, recorder and sheriff, and to provide
14suitable furniture therefor. But in counties not under township
15organization, no appropriations shall be made for the erection
16of public buildings, without first submitting the proposition
17to a vote of the people of the county, and the vote shall be
18submitted in the same manner and under the same restrictions as
19provided for in like cases in Section 5-2001; and the votes
20therefor shall be "For taxation," specifying the object, and
21those against shall be "Against taxation," specifying the
22object.
23    Second--To provide and keep in repair, when the finances of
24the county permit, suitable fireproof safes or offices for the
25county clerk, State's attorney, county treasurer, recorder and

 

 

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1sheriff.
2    Third--To provide reasonable and necessary expenses for
3the use of the county board, county clerk, county treasurer,
4recorder, sheriff, medical examiner coroner, State's attorney,
5superintendent of schools, judges and clerks of courts, and
6supervisor of assessment.
7    Fourth--To cause to be published at the close of each
8annual, regular or special meeting of the board, a brief
9statement of the proceedings thereof in one or more newspapers
10published in the county, in which shall be set forth the name
11of every individual who shall have had any account audited and
12allowed by the board and the amount of such claim as allowed,
13and the amount claimed, and also their proceedings upon the
14equalization of the assessment roll: Provided, that no
15publication in a newspaper shall be required unless the same
16can be done without unreasonable expense.
17    Fifth--To make out at its meeting in September, annually, a
18full and accurate statement of the receipts and expenditures of
19the preceding year, which statement shall contain a full and
20correct description of each item, from whom and on what account
21received, to whom paid, and on what account expended, together
22with an accurate statement of the finances of the county at the
23end of the fiscal year, including all debts and liabilities of
24every description, and the assets and other means to discharge
25the same; and within 30 days thereafter to cause the same to be
26posted up at the court house door, and at 2 other places in the

 

 

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1county, and published for one week in some newspaper therein,
2if there is one, and the same can be done without unreasonable
3expense.
4    Sixth--To provide proper rooms and offices, and for the
5repair thereof, for the accommodation of the circuit court of
6the county and for the clerks for such court, and to provide
7suitable furnishings for such rooms and offices, and to furnish
8fire proof safes, and the repair thereof, for the offices of
9the clerks of the circuit court of the county. On or before
10June 1, 2019, every facility that houses a circuit court room
11shall include at least one lactation room or area for members
12of the public to express breast milk in private that is located
13outside the confines of a restroom and includes, at minimum, a
14chair, a table, and an electrical outlet, as well as a sink
15with running water where possible. The court rooms and
16furnishings thereof shall meet with reasonable minimum
17standards prescribed by the Supreme Court of Illinois. Such
18standards shall be substantially the same as those generally
19accepted in court rooms as to general furnishings, arrangement
20of bench, tables and chairs, cleanliness, convenience to
21litigants, decorations, lighting and other such matters
22relating to the physical appearance of the court room. The
23lactation rooms and areas shall also meet with reasonable
24minimum standards prescribed by the Supreme Court, which the
25Supreme Court is respectfully requested to create, including
26requirements for posting of notice to the public regarding

 

 

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1location and access to lactation rooms and areas, as well as
2requirements for the addition of a sink with running water in
3the event of renovation to such facilities. The Supreme Court
4is also respectfully requested to create minimum standards for
5training of courthouse staff and personnel regarding location
6and access to lactation rooms and areas for all people present
7in the courthouse who need to use lactation rooms and areas.
8(Source: P.A. 100-947, eff. 1-1-19.)
 
9    (55 ILCS 5/3-3002 rep.)
10    (55 ILCS 5/3-3011 rep.)
11    (55 ILCS 5/3-3039 rep.)
12    (55 ILCS 5/3-3044 rep.)
13    Section 105. The Counties Code is amended by repealing
14Sections 3-3002, 3-3011, 3-3039, and 3-3044.
 
15    Section 110. The Coroner Training Board Act is amended by
16changing Sections 1, 5, 10, 20, 25, 30, and 35 and adding
17Section 37 as follows:
 
18    (55 ILCS 135/1)
19    Sec. 1. Short title. This Act may be cited as the Medical
20Examiner Coroner Training Board Act.
21(Source: P.A. 99-408, eff. 1-1-16.)
 
22    (55 ILCS 135/5)

 

 

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1    Sec. 5. Definitions. As used in this Act:
2    "Board" means the Medical Examiner Coroner Training Board.
3    "Coroner" means coroners and deputy coroners.
4    "Coroner training school" means any school located within
5or outside the State of Illinois whether privately or publicly
6owned which offers a course in coroner training and has been
7approved by the Board.
8    "Forensic pathologist" means a board certified pathologist
9by the American Board of Pathology.
10    "Local governmental agency" means any local governmental
11unit or municipal corporation in this State. It does not
12include the State of Illinois or any office, officer,
13department, division, bureau, board, commission, or agency of
14the State.
15    "Medical examiner" means medical examiners and deputy
16medical examiners.
17    "Medical examiner training school" means any school
18located within or outside the State of Illinois, whether
19privately or publicly owned, which offers a course in medical
20examiner training and has been approved by the Board.
21(Source: P.A. 99-408, eff. 1-1-16.)
 
22    (55 ILCS 135/10)
23    Sec. 10. Board; composition; appointments; tenure;
24vacancies. The Board shall be composed of 5 members who shall
25be appointed by the Governor as follows: 2 medical examiners

 

 

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1coroners, one forensic pathologist from the Cook County Medical
2Examiner's Office, one forensic pathologist from a county other
3than Cook County, and one citizen of Illinois who is not
4currently or was a medical examiner coroner or forensic
5pathologist. The initial appointments by the Governor shall be
6made on the first Monday of August in 2016 and the initial
7appointments' terms shall be as follows: one coroner and one
8forensic pathologist shall be for a period of one year, the
9second coroner and the second forensic pathologist for 3 years,
10and the citizen for a period of 3 years. Their successors,
11including those appointed under subsection (c) of Section 37,
12shall be appointed in like manner for terms to expire the first
13Monday of August each 3 years thereafter. All members shall
14serve until their respective successors are appointed and
15qualify. Vacancies shall be filled by the Governor for the
16unexpired terms.
17(Source: P.A. 99-408, eff. 1-1-16.)
 
18    (55 ILCS 135/20)
19    Sec. 20. Powers of the Board. The Board has the following
20powers and duties:
21    (a) To require units of local government to furnish such
22reports and information as the Board deems necessary to fully
23implement this Act.
24    (b) To establish by rule appropriate mandatory minimum
25standards relating to the training of medical examiners

 

 

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1coroners, including, but not limited to, Part 1760 of Chapter V
2of Title 20 of the Illinois Administrative Code. The Board
3shall consult with the Illinois Coroners and Medical Examiners
4Association when adopting mandatory minimum standards.
5    (c) To provide appropriate certification to those medical
6examiners coroners who successfully complete the prescribed
7minimum standard basic training course.
8    (d) To review and approve annual training curriculum for
9medical examiners coroners.
10    (e) To review and approve applicants to ensure no applicant
11is admitted to a medical examiner coroner training school
12unless the applicant is a person of good character and has not
13been convicted of a felony offense, any of the misdemeanors in
14Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
1512-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,
16or 32-7 of the Criminal Code of 1961 or the Criminal Code of
172012, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
18Criminal Code of 1961 or the Criminal Code of 2012, or
19subsection (a) of Section 17-32 of the Criminal Code of 1961 or
20the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis
21Control Act, or a crime involving moral turpitude under the
22laws of this State or any other state which if committed in
23this State would be punishable as a felony or a crime of moral
24turpitude. The Board may appoint investigators who shall
25enforce the duties conferred upon the Board by this Act.
26(Source: P.A. 99-408, eff. 1-1-16.)
 

 

 

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1    (55 ILCS 135/25)
2    Sec. 25. Selection and certification of schools. The Board
3shall select and certify medical examiner coroner training
4schools within or outside the State of Illinois for the purpose
5of providing basic training for medical examiners coroners and
6of providing advanced or in-service training for medical
7examiners coroners, which schools may be either publicly or
8privately owned and operated.
9(Source: P.A. 99-408, eff. 1-1-16.)
 
10    (55 ILCS 135/30)
11    Sec. 30. Death investigation training; waiver for
12experience.
13    (a) The Board shall conduct or approve a training program
14in death investigation for the training of medical examiners
15coroners. Only medical examiners coroners who successfully
16complete the training program may be assigned as lead
17investigators in a medical examiner's coroner's
18investigations. Satisfactory completion of the training
19program shall be evidenced by a certificate issued to the
20medical examiner coroner by the Board.
21    (b) The Board shall develop a process for waiver
22applications sent from a medical examiner's coroner's office
23for those medical examiners coroners whose prior training and
24experience as a death or homicide investigator may qualify them

 

 

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1for a waiver. The Board may issue a waiver at its discretion,
2based solely on the prior training and experience of a medical
3examiner coroner as a death or homicide investigator.
4(Source: P.A. 99-408, eff. 1-1-16.)
 
5    (55 ILCS 135/35)
6    Sec. 35. Acceptance of contributions and gifts. The Board
7may accept contributions, capital grants, gifts, donations,
8services or other financial assistance from any individual,
9association, corporation, the United States of America and any
10of its agencies or instrumentalities, or any other organization
11having a legitimate interest in medical examiner coroner
12training.
13(Source: P.A. 99-408, eff. 1-1-16.)
 
14    (55 ILCS 135/37 new)
15    Sec. 37. Transition into Medical Examiner Training Board.
16    (a) No later than 60 days after the effective date of this
17amendatory Act of the 101st General Assembly, the Board and the
18Executive Director, if any, shall meet to discuss what changes
19are necessary, as a result of this amendatory Act of the 101st
20General Assembly, to:
21        (1) reports or information furnished to the Board by
22    units of local government;
23        (2) rules that may be adopted for mandatory minimum
24    standards relating to the training of medical examiners;

 

 

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1        (3) appropriate certification for medical examiners;
2        (4) annual training curriculum for medical examiners;
3        (5) death investigation training for medical
4    examiners; and
5        (6) selection and certification of schools for medical
6    examiner training.
7    (b) The Board shall implement changes necessary under
8subsection (a) due to this amendatory Act of the 101st General
9Assembly so that appointment of medical examiners under
10subsection (a) of Section 3-3000 of the Counties Code and
11training of the medical examiners under Section 3-3001 of the
12Counties Code are not delayed.
13    (c) No later than November 30, 2021, the Governor shall
14appoint 2 medical examiners, designating for each appointment
15which coroner on the Board is being replaced, from the medical
16examiners appointed under subsection (a) of Section 3-3000 of
17the Counties Code. The terms of the medical examiners appointed
18under this subsection shall expire at the same time of the
19coroner whom each medical examiner replaced. If both medical
20examiners are not appointed to the Board under this subsection
21on or before November 30, 2021, the coroner or coroners on the
22Board who have not been replaced with a medical examiner on
23November 30, 2021 shall continue as Board members until medical
24examiners are appointed and qualified to replace them.
 
25    Section 115. The Illinois Drainage Code is amended by

 

 

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1changing Section 5-7 as follows:
 
2    (70 ILCS 605/5-7)  (from Ch. 42, par. 5-7)
3    Sec. 5-7. Original assessments - Right to jury. The
4commissioners and any parties interested have the right to a
5trial by jury upon all questions as to benefits and damages to
6any lands and property affected, if a written demand for a jury
7is filed on or before the date and hour fixed for hearing on
8the assessment roll. If no demand for a jury trial is filed,
9then all parties shall be deemed to have waived a jury, and the
10court shall proceed to hear and determine all questions as to
11benefits and damages to any lands and other property without a
12jury. If a trial by jury is demanded by the commissioners or by
13one or more interested parties, then the court shall submit to
14the jury all questions as to benefits and damages to any and
15all lands and property, even though a demand for a jury has not
16been made by all of the parties interested.
17    If any lands or property are sought to be taken by the
18exercise of the right of eminent domain, then the compensation
19to be paid for any lands or property so sought to be taken
20shall be fixed by a jury, unless a waiver of a trial by jury has
21been filed by each owner of land or property sought to be
22taken.
23    If a trial by jury is to be held, the jury may be drawn and
24summoned in the manner now or hereafter provided for the
25drawing and summoning of juries for the circuit court. If the

 

 

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1jury is not summoned as above provided, then the court may,
2when the cause is set for trial, direct the clerk of the court
3to issue a venire for not less than 12 nor more than 24
4competent jurors, as the court shall direct, and deliver the
5same to the sheriff or medical examiner coroner, who shall
6summon such jurors from the body of the county to appear before
7the court at the time set for trial. The jury shall be
8impaneled, and the parties shall be entitled to challenge
9jurors as in other civil cases.
10(Source: P.A. 84-886.)
 
11    Section 120. The Abuse Prevention Review Team Act is
12amended by changing Sections 15, 20, and 25 as follows:
 
13    (210 ILCS 28/15)
14    Sec. 15. Residential health care facility resident sexual
15assault and death review teams; establishment.
16    (a) The Director, in consultation with the Executive
17Council and with law enforcement agencies and other
18professionals who work in the field of investigating, treating,
19or preventing nursing home resident abuse or neglect in the
20State, shall appoint members to two residential health care
21facility resident sexual assault and death review teams. The
22Director shall appoint more teams if the Director or the
23existing teams determine that more teams are necessary to
24achieve the purposes of this Act. An Executive Council shall be

 

 

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1organized no later than when at least 4 teams are formed. The
2members of a team shall be appointed for 2-year staggered terms
3and shall be eligible for reappointment upon the expiration of
4their terms.
5    (b) Each review team shall consist of at least one member
6from each of the following categories:
7        (1) Geriatrician or other physician knowledgeable
8    about nursing home resident abuse and neglect.
9        (2) Representative of the Department.
10        (3) State's Attorney or State's Attorney's
11    representative.
12        (4) Representative of a local law enforcement agency.
13        (5) Representative of the Illinois Attorney General.
14        (6) Psychologist or psychiatrist.
15        (7) Representative of a local health department.
16        (8) Representative of a social service or health care
17    agency that provides services to persons with mental
18    illness, in a program whose accreditation to provide such
19    services is recognized by the Office of Mental Health
20    within the Department of Human Services.
21        (9) Representative of a social service or health care
22    agency that provides services to persons with
23    developmental disabilities, in a program whose
24    accreditation to provide such services is recognized by the
25    Office of Developmental Disabilities within the Department
26    of Human Services.

 

 

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1        (10) Medical examiner Coroner or forensic pathologist.
2        (11) Representative of the local sub-state ombudsman.
3        (12) Representative of a nursing home resident
4    advocacy organization.
5        (13) Representative of a local hospital, trauma
6    center, or provider of emergency medical services.
7        (14) Representative of an organization that represents
8    nursing homes.
9    Each review team may make recommendations to the Director
10concerning additional appointments. Each review team member
11must have demonstrated experience and an interest in
12investigating, treating, or preventing nursing home resident
13abuse or neglect.
14    (c) Each review team shall select a chairperson from among
15its members. The chairperson shall also serve on the Illinois
16Residential Health Care Facility Sexual Assault and Death
17Review Teams Executive Council.
18(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
 
19    (210 ILCS 28/20)
20    Sec. 20. Reviews of nursing home resident sexual assaults
21and deaths.
22    (a) Every case of sexual assault of a nursing home resident
23that the Department determined to be valid shall be reviewed by
24the review team for the region that has primary case management
25responsibility.

 

 

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1    (b) Every death of a nursing home resident shall be
2reviewed by the review team for the region that has primary
3case management responsibility, if the deceased resident is one
4of the following:
5        (1) A person whose death is reviewed by the Department
6    during any regulatory activity, whether or not there were
7    any federal or State violations.
8        (2) A person about whose care the Department received a
9    complaint alleging that the resident's care violated
10    federal or State standards so as to contribute to the
11    resident's death.
12        (3) A resident whose death is referred to the
13    Department for investigation by a local coroner, medical
14    examiner, or law enforcement agency.
15    A review team may, at its discretion, review other sudden,
16unexpected, or unexplained nursing home resident deaths. The
17Department shall bring such deaths to the attention of the
18teams when it determines that doing so will help to achieve the
19purposes of this Act.
20    (c) A review team's purpose in conducting reviews of
21resident sexual assaults and deaths is to do the following:
22        (1) Assist in determining the cause and manner of the
23    resident's assault or death, when requested.
24        (2) Evaluate means, if any, by which the assault or
25    death might have been prevented.
26        (3) Report its findings to the Director and make

 

 

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1    recommendations that may help to reduce the number of
2    sexual assaults on and unnecessary deaths of nursing home
3    residents.
4        (4) Promote continuing education for professionals
5    involved in investigating, treating, and preventing
6    nursing home resident abuse and neglect as a means of
7    preventing sexual assaults and unnecessary deaths of
8    nursing home residents.
9        (5) Make specific recommendations to the Director
10    concerning the prevention of sexual assaults and
11    unnecessary deaths of nursing home residents and the
12    establishment of protocols for investigating resident
13    sexual assaults and deaths.
14    (d) A review team must review the sexual assault or death
15cases submitted to it on a quarterly basis. The review team
16must meet at least once in each calendar quarter if there are
17cases to be reviewed. The Department shall forward cases
18pursuant to subsections (a) and (b) of this Section within 120
19days after completion of the investigation.
20    (e) Within 90 days after receiving recommendations made by
21a review team under item (5) of subsection (c), the Director
22must review those recommendations and respond to the review
23team. The Director shall implement recommendations as feasible
24and appropriate and shall respond to the review team in writing
25to explain the implementation or nonimplementation of the
26recommendations.

 

 

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1    (f) In any instance when a review team does not operate in
2accordance with established protocol, the Director, in
3consultation and cooperation with the Executive Council, must
4take any necessary actions to bring the review team into
5compliance with the protocol.
6(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
 
7    (210 ILCS 28/25)
8    Sec. 25. Review team access to information.
9    (a) The Department shall provide to a review team, on the
10request of the review team chairperson, all records and
11information in the Department's possession that are relevant to
12the review team's review of a sexual assault or death described
13in subsection (b) of Section 20, including records and
14information concerning previous reports or investigations of
15suspected abuse or neglect.
16    (b) A review team shall have access to all records and
17information that are relevant to its review of a sexual assault
18or death and in the possession of a State or local governmental
19agency. These records and information include, without
20limitation, death certificates, all relevant medical and
21mental health records, records of law enforcement agency
22investigations, records of coroner or medical examiner
23investigations, records of the Department of Corrections and
24Department of Juvenile Justice concerning a person's parole or
25aftercare release, records of a probation and court services

 

 

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1department, and records of a social services agency that
2provided services to the resident.
3(Source: P.A. 98-558, eff. 1-1-14.)
 
4    Section 125. The Abused and Neglected Long Term Care
5Facility Residents Reporting Act is amended by changing Section
64 as follows:
 
7    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)
8    Sec. 4. Any long term care facility administrator, agent or
9employee or any physician, hospital, surgeon, dentist,
10osteopath, chiropractor, podiatric physician, accredited
11religious practitioner who provides treatment by spiritual
12means alone through prayer in accordance with the tenets and
13practices of the accrediting church, medical examiner coroner,
14social worker, social services administrator, registered
15nurse, law enforcement officer, field personnel of the
16Department of Healthcare and Family Services, field personnel
17of the Illinois Department of Public Health and County or
18Municipal Health Departments, personnel of the Department of
19Human Services (acting as the successor to the Department of
20Mental Health and Developmental Disabilities or the Department
21of Public Aid), personnel of the Guardianship and Advocacy
22Commission, personnel of the State Fire Marshal, local fire
23department inspectors or other personnel, or personnel of the
24Illinois Department on Aging, or its subsidiary Agencies on

 

 

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1Aging, or employee of a facility licensed under the Assisted
2Living and Shared Housing Act, having reasonable cause to
3believe any resident with whom they have direct contact has
4been subjected to abuse or neglect shall immediately report or
5cause a report to be made to the Department. Persons required
6to make reports or cause reports to be made under this Section
7include all employees of the State of Illinois who are involved
8in providing services to residents, including professionals
9providing medical or rehabilitation services and all other
10persons having direct contact with residents; and further
11include all employees of community service agencies who provide
12services to a resident of a public or private long term care
13facility outside of that facility. Any long term care surveyor
14of the Illinois Department of Public Health who has reasonable
15cause to believe in the course of a survey that a resident has
16been abused or neglected and initiates an investigation while
17on site at the facility shall be exempt from making a report
18under this Section but the results of any such investigation
19shall be forwarded to the central register in a manner and form
20described by the Department.
21    The requirement of this Act shall not relieve any long term
22care facility administrator, agent or employee of
23responsibility to report the abuse or neglect of a resident
24under Section 3-610 of the Nursing Home Care Act or under
25Section 3-610 of the ID/DD Community Care Act or under Section
263-610 of the MC/DD Act or under Section 2-107 of the

 

 

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1Specialized Mental Health Rehabilitation Act of 2013.
2    In addition to the above persons required to report
3suspected resident abuse and neglect, any other person may make
4a report to the Department, or to any law enforcement officer,
5if such person has reasonable cause to suspect a resident has
6been abused or neglected.
7    This Section also applies to residents whose death occurs
8from suspected abuse or neglect before being found or brought
9to a hospital.
10    A person required to make reports or cause reports to be
11made under this Section who fails to comply with the
12requirements of this Section is guilty of a Class A
13misdemeanor.
14(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
1598-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 
16    Section 130. The MC/DD Act is amended by changing Section
172-208 as follows:
 
18    (210 ILCS 46/2-208)
19    Sec. 2-208. Notice of imminent death, unusual incident,
20abuse, or neglect.
21    (a) A facility shall immediately notify the identified
22resident's next of kin, guardian, resident's representative,
23and physician of the resident's death or when the resident's
24death appears to be imminent. A facility shall immediately

 

 

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1notify the Department by telephone of a resident's death within
224 hours after the resident's death. The facility shall notify
3the Department of the death of a facility's resident that does
4not occur in the facility immediately upon learning of the
5death. A facility shall promptly notify the coroner or medical
6examiner of a resident's death in a manner and form to be
7determined by the Department after consultation with the
8coroner or medical examiner of the county in which the facility
9is located. In addition to notice to the Department by
10telephone, the Department shall require the facility to submit
11written notification of the death of a resident within 72 hours
12after the death, including a report of any medication errors or
13other incidents that occurred within 30 days of the resident's
14death. A facility's failure to comply with this Section shall
15constitute a Type "B" violation.
16    (b) A facility shall immediately notify the resident's next
17of kin, guardian, or resident representative of any unusual
18incident, abuse, or neglect involving the resident. A facility
19shall immediately notify the Department by telephone of any
20unusual incident, abuse, or neglect required to be reported
21pursuant to State law or administrative rule. In addition to
22notice to the Department by telephone, the Department shall
23require the facility to submit written notification of any
24unusual incident, abuse, or neglect within one day after the
25unusual incident, abuse, or neglect occurring. A facility's
26failure to comply with this Section shall constitute a Type "B"

 

 

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1violation. For purposes of this Section, "unusual incident"
2means serious injury; unscheduled hospital visit for treatment
3of serious injury; 9-1-1 calls for emergency services directly
4relating to a resident threat; or stalking of staff or person
5served that raises health or safety concerns.
6(Source: P.A. 99-180, eff. 7-29-15.)
 
7    Section 135. The ID/DD Community Care Act is amended by
8changing Section 2-208 as follows:
 
9    (210 ILCS 47/2-208)
10    Sec. 2-208. Notice of imminent death, unusual incident,
11abuse, or neglect.
12    (a) A facility shall immediately notify the identified
13resident's next of kin, guardian, resident's representative,
14and physician of the resident's death or when the resident's
15death appears to be imminent. A facility shall immediately
16notify the Department by telephone of a resident's death within
1724 hours after the resident's death. The facility shall notify
18the Department of the death of a facility's resident that does
19not occur in the facility immediately upon learning of the
20death. A facility shall promptly notify the coroner or medical
21examiner of a resident's death in a manner and form to be
22determined by the Department after consultation with the
23coroner or medical examiner of the county in which the facility
24is located. In addition to notice to the Department by

 

 

HB4235- 204 -LRB101 15666 AWJ 65707 b

1telephone, the Department shall require the facility to submit
2written notification of the death of a resident within 72 hours
3after the death, including a report of any medication errors or
4other incidents that occurred within 30 days of the resident's
5death. A facility's failure to comply with this Section shall
6constitute a Type "B" violation.
7    (b) A facility shall immediately notify the resident's next
8of kin, guardian, or resident representative of any unusual
9incident, abuse, or neglect involving the resident. A facility
10shall immediately notify the Department by telephone of any
11unusual incident, abuse, or neglect required to be reported
12pursuant to State law or administrative rule. In addition to
13notice to the Department by telephone, the Department shall
14require the facility to submit written notification of any
15unusual incident, abuse, or neglect within one day after the
16unusual incident, abuse, or neglect occurring. A facility's
17failure to comply with this Section shall constitute a Type "B"
18violation. For purposes of this Section, "unusual incident"
19means serious injury; unscheduled hospital visit for treatment
20of serious injury; 9-1-1 calls for emergency services directly
21relating to a resident threat; or stalking of staff or person
22served that raises health or safety concerns.
23(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
24    Section 140. The Hospital Licensing Act is amended by
25changing Sections 6.09a and 7 as follows:
 

 

 

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1    (210 ILCS 85/6.09a)
2    Sec. 6.09a. Report of death. Every hospital shall promptly
3report the death of a person readily known to be, without an
4investigation by the hospital, a resident of a facility
5licensed under the ID/DD Community Care Act or the MC/DD Act,
6to the coroner or medical examiner. The coroner or medical
7examiner shall promptly respond to the report by accepting or
8not accepting the body for investigation.
9(Source: P.A. 99-180, eff. 7-29-15.)
 
10    (210 ILCS 85/7)  (from Ch. 111 1/2, par. 148)
11    Sec. 7. (a) The Director after notice and opportunity for
12hearing to the applicant or licensee may deny, suspend, or
13revoke a permit to establish a hospital or deny, suspend, or
14revoke a license to open, conduct, operate, and maintain a
15hospital in any case in which he finds that there has been a
16substantial failure to comply with the provisions of this Act,
17the Hospital Report Card Act, or the Illinois Adverse Health
18Care Events Reporting Law of 2005 or the standards, rules, and
19regulations established by virtue of any of those Acts. The
20Department may impose fines on hospitals, not to exceed $500
21per occurrence, for failing to (1) initiate a criminal
22background check on a patient that meets the criteria for
23hospital-initiated background checks or (2) report the death of
24a person known to be a resident of a facility licensed under

 

 

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1the ID/DD Community Care Act or the MC/DD Act to the coroner or
2medical examiner within 24 hours as required by Section 6.09a
3of this Act. In assessing whether to impose such a fine for
4failure to initiate a criminal background check, the Department
5shall consider various factors including, but not limited to,
6whether the hospital has engaged in a pattern or practice of
7failing to initiate criminal background checks. Money from
8fines shall be deposited into the Long Term Care Provider Fund.
9    (b) Such notice shall be effected by registered mail or by
10personal service setting forth the particular reasons for the
11proposed action and fixing a date, not less than 15 days from
12the date of such mailing or service, at which time the
13applicant or licensee shall be given an opportunity for a
14hearing. Such hearing shall be conducted by the Director or by
15an employee of the Department designated in writing by the
16Director as Hearing Officer to conduct the hearing. On the
17basis of any such hearing, or upon default of the applicant or
18licensee, the Director shall make a determination specifying
19his findings and conclusions. In case of a denial to an
20applicant of a permit to establish a hospital, such
21determination shall specify the subsection of Section 6 under
22which the permit was denied and shall contain findings of fact
23forming the basis of such denial. A copy of such determination
24shall be sent by registered mail or served personally upon the
25applicant or licensee. The decision denying, suspending, or
26revoking a permit or a license shall become final 35 days after

 

 

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1it is so mailed or served, unless the applicant or licensee,
2within such 35 day period, petitions for review pursuant to
3Section 13.
4    (c) The procedure governing hearings authorized by this
5Section shall be in accordance with rules promulgated by the
6Department and approved by the Hospital Licensing Board. A full
7and complete record shall be kept of all proceedings, including
8the notice of hearing, complaint, and all other documents in
9the nature of pleadings, written motions filed in the
10proceedings, and the report and orders of the Director and
11Hearing Officer. All testimony shall be reported but need not
12be transcribed unless the decision is appealed pursuant to
13Section 13. A copy or copies of the transcript may be obtained
14by any interested party on payment of the cost of preparing
15such copy or copies.
16    (d) The Director or Hearing Officer shall upon his own
17motion, or on the written request of any party to the
18proceeding, issue subpoenas requiring the attendance and the
19giving of testimony by witnesses, and subpoenas duces tecum
20requiring the production of books, papers, records, or
21memoranda. All subpoenas and subpoenas duces tecum issued under
22the terms of this Act may be served by any person of full age.
23The fees of witnesses for attendance and travel shall be the
24same as the fees of witnesses before the Circuit Court of this
25State, such fees to be paid when the witness is excused from
26further attendance. When the witness is subpoenaed at the

 

 

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1instance of the Director, or Hearing Officer, such fees shall
2be paid in the same manner as other expenses of the Department,
3and when the witness is subpoenaed at the instance of any other
4party to any such proceeding the Department may require that
5the cost of service of the subpoena or subpoena duces tecum and
6the fee of the witness be borne by the party at whose instance
7the witness is summoned. In such case, the Department in its
8discretion, may require a deposit to cover the cost of such
9service and witness fees. A subpoena or subpoena duces tecum
10issued as aforesaid shall be served in the same manner as a
11subpoena issued out of a court.
12    (e) Any Circuit Court of this State upon the application of
13the Director, or upon the application of any other party to the
14proceeding, may, in its discretion, compel the attendance of
15witnesses, the production of books, papers, records, or
16memoranda and the giving of testimony before the Director or
17Hearing Officer conducting an investigation or holding a
18hearing authorized by this Act, by an attachment for contempt,
19or otherwise, in the same manner as production of evidence may
20be compelled before the court.
21    (f) The Director or Hearing Officer, or any party in an
22investigation or hearing before the Department, may cause the
23depositions of witnesses within the State to be taken in the
24manner prescribed by law for like depositions in civil actions
25in courts of this State, and to that end compel the attendance
26of witnesses and the production of books, papers, records, or

 

 

HB4235- 209 -LRB101 15666 AWJ 65707 b

1memoranda.
2(Source: P.A. 99-180, eff. 7-29-15.)
 
3    Section 145. The Safe Pharmaceutical Disposal Act is
4amended by changing Section 18 as follows:
 
5    (210 ILCS 150/18)
6    Sec. 18. Unused medications at the scene of a death.
7    (a) Notwithstanding any provision of law to the contrary,
8the Department of State Police may by rule authorize State
9Police officers to dispose of any unused medications found at
10the scene of a death the State Police officer is investigating.
11A State Police officer may only dispose of any unused
12medications under this subsection after consulting with any
13other investigating law enforcement agency to ensure that the
14unused medications will not be needed as evidence in any
15investigation. This Section shall not apply to any unused
16medications a State Police officer takes into custody as part
17of any investigation into a crime.
18    (b) Notwithstanding any provision of law to the contrary, a
19local governmental agency may authorize police officers to
20dispose of any unused medications found at the scene of a death
21a police officer is investigating. A police officer may only
22dispose of any unused medications under this subsection after
23consulting with any other investigating law enforcement agency
24to ensure that the unused medications will not be needed as

 

 

HB4235- 210 -LRB101 15666 AWJ 65707 b

1evidence in any investigation. This Section shall not apply to
2any unused medications a police officer takes into custody as
3part of any investigation into a crime.
4    (c) Notwithstanding any provision of law to the contrary, a
5coroner or medical examiner may dispose of any unused
6medications found at the scene of a death the coroner or
7medical examiner is investigating. A coroner or medical
8examiner may only dispose of any unused medications under this
9subsection after consulting with any investigating law
10enforcement agency to ensure that the unused medications will
11not be needed as evidence in any investigation.
12    (d) Any disposal under this Section shall be in accordance
13with Section 17 of this Act or another State or federally
14approved medication take-back program or location.
15    (e) This Section shall not apply to prescription drugs for
16which the United States Food and Drug Administration created a
17Risk Evaluation and Mitigation Strategy for under the Food and
18Drug Administration Amendments Act of 2007.
19    (f) Nothing in this Section shall be construed to require a
20search of the scene for unused medications.
21    (g) Prior to disposal of any medication collected as
22evidence in a criminal investigation under this Section, a
23State Police officer, police officer, coroner, or medical
24examiner shall photograph the unused medication and its
25container or packaging, if available; document the number or
26amount of medication to be disposed; and include the

 

 

HB4235- 211 -LRB101 15666 AWJ 65707 b

1photographs and documentation in the police report, coroner
2report, or medical examiner report.
3    (h) If an autopsy is performed as part of a death
4investigation, no medication seized under this Section shall be
5disposed of until after a toxicology report is received by the
6entity requesting the report.
7    (i) If a police officer, State Police officer, coroner, or
8medical examiner is not present at the scene of a death, a
9nurse may dispose of any unused medications found at the scene
10of a death the nurse is present at while engaging in the
11performance of his or her duties. A nurse may dispose of any
12unused medications under this subsection only after consulting
13with any investigating law enforcement agency to ensure that
14the unused medications will not be needed as evidence in an
15investigation.
16    (j) When an individual authorized to dispose of unused
17medication under this Section disposes of unused medication
18under this Section in good faith, the individual, and his or
19her employer, employees, and agents, shall incur no criminal
20liability or professional discipline.
21(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
 
22    Section 150. The Coal Mining Act is amended by changing
23Sections 10.03 and 10.04 as follows:
 
24    (225 ILCS 705/10.03)  (from Ch. 96 1/2, par. 1003)

 

 

HB4235- 212 -LRB101 15666 AWJ 65707 b

1    Sec. 10.03. If any person is killed in or about a mine the
2operator shall notify the medical examiner coroner of the
3county, who shall hold an inquest concerning the cause of the
4death. The State Mine Inspector may question or cross-question
5any witness testifying at the inquest.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/10.04)  (from Ch. 96 1/2, par. 1004)
8    Sec. 10.04. The State Mine Inspector shall make a personal
9investigation as to the nature and cause of all serious
10accidents in mines under his supervision. He shall make a
11record of the circumstances attending the accident, as
12developed at the medical examiner's coroner's inquest and by
13his own personal investigation. A copy of the record shall be
14filed with the Department within 30 days following the
15conclusion of the investigation, and the report shall thereupon
16become a part of the records of the Department. To enable the
17State Mine Inspector to make his investigation he has the power
18to compel the attendance of witnesses, and to administer oaths
19or affirmations to them.
20(Source: P.A. 79-340.)
 
21    Section 155. The Fluorspar Mines Act is amended by changing
22Sections 15 and 16 as follows:
 
23    (225 ILCS 710/15)  (from Ch. 96 1/2, par. 4222)

 

 

HB4235- 213 -LRB101 15666 AWJ 65707 b

1    Sec. 15. The superintendent shall post or cause to be
2posted an emergency organization chart or plan in a conspicuous
3place on each mine property designating the duties of various
4employees and listing mine rescue stations, hospitals,
5doctors, etc., to be called in case of fire, explosion, flood,
6cave-in or other emergency. Whenever loss of life occurs from
7accident in or about a mine, and when death results from
8personal injury, the superintendent or other person having
9immediate charge of the work at the time of the accident shall
10give notice to the inspector promptly by telephone or
11telegraph, followed by a notice in writing, after knowledge of
12death comes.
13    Whenever possible, the inspector shall be present at the
14medical examiner's coroner's inquest held over the remains of a
15person killed in or about a mine. Due notice of an intended
16inquest to be held by the medical examiner coroner shall be
17given by the medical examiner coroner to the inspector, and at
18such inquest the inspector shall have the right to examine and
19cross-examine witnesses, and such examination shall be part of
20the records of such inquest. If, at any inquest held over the
21body or bodies of persons whose death was caused by an accident
22in or about the mine, the inspector be not present, and it be
23found from the evidence given at the inquest that the accident
24was caused by neglect or by any defect in or about the mine, or
25because the mine was operated contrary to the provisions of
26this Act, the medical examiner coroner shall send notice in

 

 

HB4235- 214 -LRB101 15666 AWJ 65707 b

1writing to said inspector of such reported neglect or default;
2and the said inspector shall immediately take steps to have an
3investigation made of the same. The medical examiner coroner
4before whom such an inquest is held shall promptly file with
5the inspector of mines a copy of the testimony taken thereat
6and a copy of the verdict rendered by the medical examiner's
7coroner's jury.
8(Source: Laws 1945, p. 1035.)
 
9    (225 ILCS 710/16)  (from Ch. 96 1/2, par. 4223)
10    Sec. 16. Employee failure; investigation. Whenever, in the
11opinion of the inspector of mines, a serious or fatal accident
12in or about any mine in this State shall have been caused by
13failure on the part of the operator or any employee of such
14mine, or by any other person, or by any of them, to observe the
15provisions of this Act, it shall be the duty of the inspector
16to immediately notify the Department of Natural Resources by
17wire or telephone, and cause a copy of the report of such
18accident or a copy of the testimony taken at the medical
19examiner's coroner's inquest, together with the verdict of the
20medical examiner's coroner's jury, and all papers in his or her
21hands relating thereto, to be forwarded to the Department of
22Natural Resources that an investigation may be immediately
23conducted by the Department of Natural Resources, and if they
24concur with the inspector, all reports and testimony so
25assembled shall be delivered to the prosecuting officer of the

 

 

HB4235- 215 -LRB101 15666 AWJ 65707 b

1county in which the accident or loss of life occurred, together
2with a statement of the inspector showing in what particular or
3particulars he or she believes the law to have been violated,
4and if upon the receipt thereof the prosecuting officer of the
5said county deems the facts to make a prima facie cause of
6action against any party, that officer shall present such
7evidence to the grand jury and take such further steps for the
8criminal prosecution of such operators, employees or other
9persons as may seem advisable.
10(Source: P.A. 89-445, eff. 2-7-96.)
 
11    Section 160. The Adult Protective Services Act is amended
12by changing Sections 2, 3, 5, 8, and 15 as follows:
 
13    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
14    Sec. 2. Definitions. As used in this Act, unless the
15context requires otherwise:
16    (a) "Abuse" means causing any physical, mental or sexual
17injury to an eligible adult, including exploitation of such
18adult's financial resources.
19    Nothing in this Act shall be construed to mean that an
20eligible adult is a victim of abuse, neglect, or self-neglect
21for the sole reason that he or she is being furnished with or
22relies upon treatment by spiritual means through prayer alone,
23in accordance with the tenets and practices of a recognized
24church or religious denomination.

 

 

HB4235- 216 -LRB101 15666 AWJ 65707 b

1    Nothing in this Act shall be construed to mean that an
2eligible adult is a victim of abuse because of health care
3services provided or not provided by licensed health care
4professionals.
5    (a-5) "Abuser" means a person who abuses, neglects, or
6financially exploits an eligible adult.
7    (a-6) "Adult with disabilities" means a person aged 18
8through 59 who resides in a domestic living situation and whose
9disability as defined in subsection (c-5) impairs his or her
10ability to seek or obtain protection from abuse, neglect, or
11exploitation.
12    (a-7) "Caregiver" means a person who either as a result of
13a family relationship, voluntarily, or in exchange for
14compensation has assumed responsibility for all or a portion of
15the care of an eligible adult who needs assistance with
16activities of daily living or instrumental activities of daily
17living.
18    (b) "Department" means the Department on Aging of the State
19of Illinois.
20    (c) "Director" means the Director of the Department.
21    (c-5) "Disability" means a physical or mental disability,
22including, but not limited to, a developmental disability, an
23intellectual disability, a mental illness as defined under the
24Mental Health and Developmental Disabilities Code, or dementia
25as defined under the Alzheimer's Disease Assistance Act.
26    (d) "Domestic living situation" means a residence where the

 

 

HB4235- 217 -LRB101 15666 AWJ 65707 b

1eligible adult at the time of the report lives alone or with
2his or her family or a caregiver, or others, or other
3community-based unlicensed facility, but is not:
4        (1) A licensed facility as defined in Section 1-113 of
5    the Nursing Home Care Act;
6        (1.5) A facility licensed under the ID/DD Community
7    Care Act;
8        (1.6) A facility licensed under the MC/DD Act;
9        (1.7) A facility licensed under the Specialized Mental
10    Health Rehabilitation Act of 2013;
11        (2) A "life care facility" as defined in the Life Care
12    Facilities Act;
13        (3) A home, institution, or other place operated by the
14    federal government or agency thereof or by the State of
15    Illinois;
16        (4) A hospital, sanitarium, or other institution, the
17    principal activity or business of which is the diagnosis,
18    care, and treatment of human illness through the
19    maintenance and operation of organized facilities
20    therefor, which is required to be licensed under the
21    Hospital Licensing Act;
22        (5) A "community living facility" as defined in the
23    Community Living Facilities Licensing Act;
24        (6) (Blank);
25        (7) A "community-integrated living arrangement" as
26    defined in the Community-Integrated Living Arrangements

 

 

HB4235- 218 -LRB101 15666 AWJ 65707 b

1    Licensure and Certification Act or a "community
2    residential alternative" as licensed under that Act;
3        (8) An assisted living or shared housing establishment
4    as defined in the Assisted Living and Shared Housing Act;
5    or
6        (9) A supportive living facility as described in
7    Section 5-5.01a of the Illinois Public Aid Code.
8    (e) "Eligible adult" means either an adult with
9disabilities aged 18 through 59 or a person aged 60 or older
10who resides in a domestic living situation and is, or is
11alleged to be, abused, neglected, or financially exploited by
12another individual or who neglects himself or herself.
13"Eligible adult" also includes an adult who resides in any of
14the facilities that are excluded from the definition of
15"domestic living situation" under paragraphs (1) through (9) of
16subsection (d), if either: (i) the alleged abuse or neglect
17occurs outside of the facility and not under facility
18supervision and the alleged abuser is a family member,
19caregiver, or another person who has a continuing relationship
20with the adult; or (ii) the alleged financial exploitation is
21perpetrated by a family member, caregiver, or another person
22who has a continuing relationship with the adult, but who is
23not an employee of the facility where the adult resides.
24    (f) "Emergency" means a situation in which an eligible
25adult is living in conditions presenting a risk of death or
26physical, mental or sexual injury and the provider agency has

 

 

HB4235- 219 -LRB101 15666 AWJ 65707 b

1reason to believe the eligible adult is unable to consent to
2services which would alleviate that risk.
3    (f-1) "Financial exploitation" means the use of an eligible
4adult's resources by another to the disadvantage of that adult
5or the profit or advantage of a person other than that adult.
6    (f-5) "Mandated reporter" means any of the following
7persons while engaged in carrying out their professional
8duties:
9        (1) a professional or professional's delegate while
10    engaged in: (i) social services, (ii) law enforcement,
11    (iii) education, (iv) the care of an eligible adult or
12    eligible adults, or (v) any of the occupations required to
13    be licensed under the Clinical Psychologist Licensing Act,
14    the Clinical Social Work and Social Work Practice Act, the
15    Illinois Dental Practice Act, the Dietitian Nutritionist
16    Practice Act, the Marriage and Family Therapy Licensing
17    Act, the Medical Practice Act of 1987, the Naprapathic
18    Practice Act, the Nurse Practice Act, the Nursing Home
19    Administrators Licensing and Disciplinary Act, the
20    Illinois Occupational Therapy Practice Act, the Illinois
21    Optometric Practice Act of 1987, the Pharmacy Practice Act,
22    the Illinois Physical Therapy Act, the Physician Assistant
23    Practice Act of 1987, the Podiatric Medical Practice Act of
24    1987, the Respiratory Care Practice Act, the Professional
25    Counselor and Clinical Professional Counselor Licensing
26    and Practice Act, the Illinois Speech-Language Pathology

 

 

HB4235- 220 -LRB101 15666 AWJ 65707 b

1    and Audiology Practice Act, the Veterinary Medicine and
2    Surgery Practice Act of 2004, and the Illinois Public
3    Accounting Act;
4        (1.5) an employee of an entity providing developmental
5    disabilities services or service coordination funded by
6    the Department of Human Services;
7        (2) an employee of a vocational rehabilitation
8    facility prescribed or supervised by the Department of
9    Human Services;
10        (3) an administrator, employee, or person providing
11    services in or through an unlicensed community based
12    facility;
13        (4) any religious practitioner who provides treatment
14    by prayer or spiritual means alone in accordance with the
15    tenets and practices of a recognized church or religious
16    denomination, except as to information received in any
17    confession or sacred communication enjoined by the
18    discipline of the religious denomination to be held
19    confidential;
20        (5) field personnel of the Department of Healthcare and
21    Family Services, Department of Public Health, and
22    Department of Human Services, and any county or municipal
23    health department;
24        (6) personnel of the Department of Human Services, the
25    Guardianship and Advocacy Commission, the State Fire
26    Marshal, local fire departments, the Department on Aging

 

 

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1    and its subsidiary Area Agencies on Aging and provider
2    agencies, and the Office of State Long Term Care Ombudsman;
3        (7) any employee of the State of Illinois not otherwise
4    specified herein who is involved in providing services to
5    eligible adults, including professionals providing medical
6    or rehabilitation services and all other persons having
7    direct contact with eligible adults;
8        (8) a person who performs the duties of a coroner or
9    medical examiner; or
10        (9) a person who performs the duties of a paramedic or
11    an emergency medical technician.
12    (g) "Neglect" means another individual's failure to
13provide an eligible adult with or willful withholding from an
14eligible adult the necessities of life including, but not
15limited to, food, clothing, shelter or health care. This
16subsection does not create any new affirmative duty to provide
17support to eligible adults. Nothing in this Act shall be
18construed to mean that an eligible adult is a victim of neglect
19because of health care services provided or not provided by
20licensed health care professionals.
21    (h) "Provider agency" means any public or nonprofit agency
22in a planning and service area that is selected by the
23Department or appointed by the regional administrative agency
24with prior approval by the Department on Aging to receive and
25assess reports of alleged or suspected abuse, neglect, or
26financial exploitation. A provider agency is also referenced as

 

 

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1a "designated agency" in this Act.
2    (i) "Regional administrative agency" means any public or
3nonprofit agency in a planning and service area that provides
4regional oversight and performs functions as set forth in
5subsection (b) of Section 3 of this Act. The Department shall
6designate an Area Agency on Aging as the regional
7administrative agency or, in the event the Area Agency on Aging
8in that planning and service area is deemed by the Department
9to be unwilling or unable to provide those functions, the
10Department may serve as the regional administrative agency or
11designate another qualified entity to serve as the regional
12administrative agency; any such designation shall be subject to
13terms set forth by the Department.
14    (i-5) "Self-neglect" means a condition that is the result
15of an eligible adult's inability, due to physical or mental
16impairments, or both, or a diminished capacity, to perform
17essential self-care tasks that substantially threaten his or
18her own health, including: providing essential food, clothing,
19shelter, and health care; and obtaining goods and services
20necessary to maintain physical health, mental health,
21emotional well-being, and general safety. The term includes
22compulsive hoarding, which is characterized by the acquisition
23and retention of large quantities of items and materials that
24produce an extensively cluttered living space, which
25significantly impairs the performance of essential self-care
26tasks or otherwise substantially threatens life or safety.

 

 

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1    (j) "Substantiated case" means a reported case of alleged
2or suspected abuse, neglect, financial exploitation, or
3self-neglect in which a provider agency, after assessment,
4determines that there is reason to believe abuse, neglect, or
5financial exploitation has occurred.
6    (k) "Verified" means a determination that there is "clear
7and convincing evidence" that the specific injury or harm
8alleged was the result of abuse, neglect, or financial
9exploitation.
10(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
11    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
12    Sec. 3. Responsibilities.
13    (a) The Department shall establish, design, and manage a
14protective services program for eligible adults who have been,
15or are alleged to be, victims of abuse, neglect, financial
16exploitation, or self-neglect. The Department shall contract
17with or fund, or contract with and fund, regional
18administrative agencies, provider agencies, or both, for the
19provision of those functions, and, contingent on adequate
20funding, with attorneys or legal services provider agencies for
21the provision of legal assistance pursuant to this Act. For
22self-neglect, the program shall include the following services
23for eligible adults who have been removed from their residences
24for the purpose of cleanup or repairs: temporary housing;
25counseling; and caseworker services to try to ensure that the

 

 

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1conditions necessitating the removal do not reoccur.
2    (a-1) The Department shall by rule develop standards for
3minimum staffing levels and staff qualifications. The
4Department shall by rule establish mandatory standards for the
5investigation of abuse, neglect, financial exploitation, or
6self-neglect of eligible adults and mandatory procedures for
7linking eligible adults to appropriate services and supports.
8    (a-5) A provider agency shall, in accordance with rules
9promulgated by the Department, establish a multi-disciplinary
10team to act in an advisory role for the purpose of providing
11professional knowledge and expertise in the handling of complex
12abuse cases involving eligible adults. Each multi-disciplinary
13team shall consist of one volunteer representative from the
14following professions: banking or finance; disability care;
15health care; law; law enforcement; mental health care; and
16clergy. A provider agency may also choose to add
17representatives from the fields of substance abuse, domestic
18violence, sexual assault, or other related fields. To support
19multi-disciplinary teams in this role, law enforcement
20agencies and coroners or medical examiners shall supply records
21as may be requested in particular cases.
22    (b) Each regional administrative agency shall designate
23provider agencies within its planning and service area with
24prior approval by the Department on Aging, monitor the use of
25services, provide technical assistance to the provider
26agencies and be involved in program development activities.

 

 

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1    (c) Provider agencies shall assist, to the extent possible,
2eligible adults who need agency services to allow them to
3continue to function independently. Such assistance shall
4include, but not be limited to, receiving reports of alleged or
5suspected abuse, neglect, financial exploitation, or
6self-neglect, conducting face-to-face assessments of such
7reported cases, determination of substantiated cases, referral
8of substantiated cases for necessary support services,
9referral of criminal conduct to law enforcement in accordance
10with Department guidelines, and provision of case work and
11follow-up services on substantiated cases. In the case of a
12report of alleged or suspected abuse or neglect that places an
13eligible adult at risk of injury or death, a provider agency
14shall respond to the report on an emergency basis in accordance
15with guidelines established by the Department by
16administrative rule and shall ensure that it is capable of
17responding to such a report 24 hours per day, 7 days per week.
18A provider agency may use an on-call system to respond to
19reports of alleged or suspected abuse or neglect after hours
20and on weekends.
21    (c-5) Where a provider agency has reason to believe that
22the death of an eligible adult may be the result of abuse or
23neglect, including any reports made after death, the agency
24shall immediately report the matter to both the appropriate law
25enforcement agency and the coroner or medical examiner. Between
2630 and 45 days after making such a report, the provider agency

 

 

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1again shall contact the law enforcement agency and coroner or
2medical examiner to determine whether any further action was
3taken. Upon request by a provider agency, a law enforcement
4agency and coroner or medical examiner shall supply a summary
5of its action in response to a reported death of an eligible
6adult. A copy of the report shall be maintained and all
7subsequent follow-up with the law enforcement agency and
8coroner or medical examiner shall be documented in the case
9record of the eligible adult. If the law enforcement agency,
10coroner, or medical examiner determines the reported death was
11caused by abuse or neglect by a caregiver, the law enforcement
12agency, coroner, or medical examiner shall inform the
13Department, and the Department shall report the caregiver's
14identity on the Registry as described in Section 7.5 of this
15Act.
16    (d) Upon sufficient appropriations to implement a
17statewide program, the Department shall implement a program,
18based on the recommendations of the Self-Neglect Steering
19Committee, for (i) responding to reports of possible
20self-neglect, (ii) protecting the autonomy, rights, privacy,
21and privileges of adults during investigations of possible
22self-neglect and consequential judicial proceedings regarding
23competency, (iii) collecting and sharing relevant information
24and data among the Department, provider agencies, regional
25administrative agencies, and relevant seniors, (iv) developing
26working agreements between provider agencies and law

 

 

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1enforcement, where practicable, and (v) developing procedures
2for collecting data regarding incidents of self-neglect.
3(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
 
4    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
5    Sec. 5. Procedure.
6    (a) A provider agency designated to receive reports of
7alleged or suspected abuse, neglect, financial exploitation,
8or self-neglect under this Act shall, upon receiving such a
9report, conduct a face-to-face assessment with respect to such
10report, in accord with established law and Department
11protocols, procedures, and policies. Face-to-face assessments,
12casework, and follow-up of reports of self-neglect by the
13provider agencies designated to receive reports of
14self-neglect shall be subject to sufficient appropriation for
15statewide implementation of assessments, casework, and
16follow-up of reports of self-neglect. In the absence of
17sufficient appropriation for statewide implementation of
18assessments, casework, and follow-up of reports of
19self-neglect, the designated adult protective services
20provider agency shall refer all reports of self-neglect to the
21appropriate agency or agencies as designated by the Department
22for any follow-up. The assessment shall include, but not be
23limited to, a visit to the residence of the eligible adult who
24is the subject of the report and shall include interviews or
25consultations regarding the allegations with service agencies,

 

 

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1immediate family members, and individuals who may have
2knowledge of the eligible adult's circumstances based on the
3consent of the eligible adult in all instances, except where
4the provider agency is acting in the best interest of an
5eligible adult who is unable to seek assistance for himself or
6herself and where there are allegations against a caregiver who
7has assumed responsibilities in exchange for compensation. If,
8after the assessment, the provider agency determines that the
9case is substantiated it shall develop a service care plan for
10the eligible adult and may report its findings at any time
11during the case to the appropriate law enforcement agency in
12accord with established law and Department protocols,
13procedures, and policies. In developing a case plan, the
14provider agency may consult with any other appropriate provider
15of services, and such providers shall be immune from civil or
16criminal liability on account of such acts. The plan shall
17include alternative suggested or recommended services which
18are appropriate to the needs of the eligible adult and which
19involve the least restriction of the eligible adult's
20activities commensurate with his or her needs. Only those
21services to which consent is provided in accordance with
22Section 9 of this Act shall be provided, contingent upon the
23availability of such services.
24    (b) A provider agency shall refer evidence of crimes
25against an eligible adult to the appropriate law enforcement
26agency according to Department policies. A referral to law

 

 

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1enforcement may be made at intake or any time during the case.
2Where a provider agency has reason to believe the death of an
3eligible adult may be the result of abuse or neglect, the
4agency shall immediately report the matter to the coroner or
5medical examiner and shall cooperate fully with any subsequent
6investigation.
7    (c) If any person other than the alleged victim refuses to
8allow the provider agency to begin an investigation, interferes
9with the provider agency's ability to conduct an investigation,
10or refuses to give access to an eligible adult, the appropriate
11law enforcement agency must be consulted regarding the
12investigation.
13(Source: P.A. 101-496, eff. 1-1-20.)
 
14    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
15    Sec. 8. Access to records. All records concerning reports
16of abuse, neglect, financial exploitation, or self-neglect and
17all records generated as a result of such reports shall be
18confidential and shall not be disclosed except as specifically
19authorized by this Act or other applicable law. In accord with
20established law and Department protocols, procedures, and
21policies, access to such records, but not access to the
22identity of the person or persons making a report of alleged
23abuse, neglect, financial exploitation, or self-neglect as
24contained in such records, shall be provided, upon request, to
25the following persons and for the following persons:

 

 

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1        (1) Department staff, provider agency staff, other
2    aging network staff, and regional administrative agency
3    staff, including staff of the Chicago Department on Aging
4    while that agency is designated as a regional
5    administrative agency, in the furtherance of their
6    responsibilities under this Act;
7        (1.5) A representative of the public guardian acting in
8    the course of investigating the appropriateness of
9    guardianship for the eligible adult or while pursuing a
10    petition for guardianship of the eligible adult pursuant to
11    the Probate Act of 1975;
12        (2) A law enforcement agency or State's Attorney's
13    office investigating known or suspected abuse, neglect,
14    financial exploitation, or self-neglect. Where a provider
15    agency has reason to believe that the death of an eligible
16    adult may be the result of abuse or neglect, including any
17    reports made after death, the agency shall immediately
18    provide the appropriate law enforcement agency with all
19    records pertaining to the eligible adult;
20        (2.5) A law enforcement agency, fire department
21    agency, or fire protection district having proper
22    jurisdiction pursuant to a written agreement between a
23    provider agency and the law enforcement agency, fire
24    department agency, or fire protection district under which
25    the provider agency may furnish to the law enforcement
26    agency, fire department agency, or fire protection

 

 

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1    district a list of all eligible adults who may be at
2    imminent risk of abuse, neglect, financial exploitation,
3    or self-neglect;
4        (3) A physician who has before him or her or who is
5    involved in the treatment of an eligible adult whom he or
6    she reasonably suspects may be abused, neglected,
7    financially exploited, or self-neglected or who has been
8    referred to the Adult Protective Services Program;
9        (4) An eligible adult reported to be abused, neglected,
10    financially exploited, or self-neglected, or such adult's
11    authorized guardian or agent, unless such guardian or agent
12    is the abuser or the alleged abuser;
13        (4.5) An executor or administrator of the estate of an
14    eligible adult who is deceased;
15        (5) In cases regarding abuse, neglect, or financial
16    exploitation, a court or a guardian ad litem, upon its or
17    his or her finding that access to such records may be
18    necessary for the determination of an issue before the
19    court. However, such access shall be limited to an in
20    camera inspection of the records, unless the court
21    determines that disclosure of the information contained
22    therein is necessary for the resolution of an issue then
23    pending before it;
24        (5.5) In cases regarding self-neglect, a guardian ad
25    litem;
26        (6) A grand jury, upon its determination that access to

 

 

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1    such records is necessary in the conduct of its official
2    business;
3        (7) Any person authorized by the Director, in writing,
4    for audit or bona fide research purposes;
5        (8) A coroner or medical examiner who has reason to
6    believe that an eligible adult has died as the result of
7    abuse, neglect, financial exploitation, or self-neglect.
8    The provider agency shall immediately provide the coroner
9    or medical examiner with all records pertaining to the
10    eligible adult;
11        (8.5) A coroner or medical examiner having proper
12    jurisdiction, pursuant to a written agreement between a
13    provider agency and the coroner or medical examiner, under
14    which the provider agency may furnish to the office of the
15    coroner or medical examiner a list of all eligible adults
16    who may be at imminent risk of death as a result of abuse,
17    neglect, financial exploitation, or self-neglect;
18        (9) Department of Financial and Professional
19    Regulation staff and members of the Illinois Medical
20    Disciplinary Board or the Social Work Examining and
21    Disciplinary Board in the course of investigating alleged
22    violations of the Clinical Social Work and Social Work
23    Practice Act by provider agency staff or other licensing
24    bodies at the discretion of the Director of the Department
25    on Aging;
26        (9-a) Department of Healthcare and Family Services

 

 

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1    staff and provider agency staff when that Department is
2    funding services to the eligible adult, including access to
3    the identity of the eligible adult;
4        (9-b) Department of Human Services staff and provider
5    agency staff when that Department is funding services to
6    the eligible adult or is providing reimbursement for
7    services provided by the abuser or alleged abuser,
8    including access to the identity of the eligible adult;
9        (10) Hearing officers in the course of conducting an
10    administrative hearing under this Act; parties to such
11    hearing shall be entitled to discovery as established by
12    rule;
13        (11) A caregiver who challenges placement on the
14    Registry shall be given the statement of allegations in the
15    abuse report and the substantiation decision in the final
16    investigative report; and
17        (12) The Illinois Guardianship and Advocacy Commission
18    and the agency designated by the Governor under Section 1
19    of the Protection and Advocacy for Persons with
20    Developmental Disabilities Act shall have access, through
21    the Department, to records, including the findings,
22    pertaining to a completed or closed investigation of a
23    report of suspected abuse, neglect, financial
24    exploitation, or self-neglect of an eligible adult.
25(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2699-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.

 

 

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17-15-16; 99-642, eff. 7-28-16.)
 
2    (320 ILCS 20/15)
3    Sec. 15. Fatality review teams.
4    (a) State policy.
5        (1) Both the State and the community maintain a
6    commitment to preventing the abuse, neglect, and financial
7    exploitation of at-risk adults. This includes a charge to
8    bring perpetrators of crimes against at-risk adults to
9    justice and prevent untimely deaths in the community.
10        (2) When an at-risk adult dies, the response to the
11    death by the community, law enforcement, and the State must
12    include an accurate and complete determination of the cause
13    of death, and the development and implementation of
14    measures to prevent future deaths from similar causes.
15        (3) Multidisciplinary and multi-agency reviews of
16    deaths can assist the State and counties in developing a
17    greater understanding of the incidence and causes of
18    premature deaths and the methods for preventing those
19    deaths, improving methods for investigating deaths, and
20    identifying gaps in services to at-risk adults.
21        (4) Access to information regarding the deceased
22    person and his or her family by multidisciplinary and
23    multi-agency fatality review teams is necessary in order to
24    fulfill their purposes and duties.
25    (a-5) Definitions. As used in this Section:

 

 

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1        "Advisory Council" means the Illinois Fatality Review
2    Team Advisory Council.
3        "Review Team" means a regional interagency fatality
4    review team.
5    (b) The Director, in consultation with the Advisory
6Council, law enforcement, and other professionals who work in
7the fields of investigating, treating, or preventing abuse or
8neglect of at-risk adults, shall appoint members to a minimum
9of one review team in each of the Department's planning and
10service areas. Each member of a review team shall be appointed
11for a 2-year term and shall be eligible for reappointment upon
12the expiration of the term. A review team's purpose in
13conducting review of at-risk adult deaths is: (i) to assist
14local agencies in identifying and reviewing suspicious deaths
15of adult victims of alleged, suspected, or substantiated abuse
16or neglect in domestic living situations; (ii) to facilitate
17communications between officials responsible for autopsies and
18inquests and persons involved in reporting or investigating
19alleged or suspected cases of abuse, neglect, or financial
20exploitation of at-risk adults and persons involved in
21providing services to at-risk adults; (iii) to evaluate means
22by which the death might have been prevented; and (iv) to
23report its findings to the appropriate agencies and the
24Advisory Council and make recommendations that may help to
25reduce the number of at-risk adult deaths caused by abuse and
26neglect and that may help to improve the investigations of

 

 

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1deaths of at-risk adults and increase prosecutions, if
2appropriate.
3    (b-5) Each such team shall be composed of representatives
4of entities and individuals including, but not limited to:
5        (1) the Department on Aging;
6        (2) coroners or medical examiners (or both);
7        (3) State's Attorneys;
8        (4) local police departments;
9        (5) forensic units;
10        (6) local health departments;
11        (7) a social service or health care agency that
12    provides services to persons with mental illness, in a
13    program whose accreditation to provide such services is
14    recognized by the Division of Mental Health within the
15    Department of Human Services;
16        (8) a social service or health care agency that
17    provides services to persons with developmental
18    disabilities, in a program whose accreditation to provide
19    such services is recognized by the Division of
20    Developmental Disabilities within the Department of Human
21    Services;
22        (9) a local hospital, trauma center, or provider of
23    emergency medicine;
24        (10) providers of services for eligible adults in
25    domestic living situations; and
26        (11) a physician, psychiatrist, or other health care

 

 

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1    provider knowledgeable about abuse and neglect of at-risk
2    adults.
3    (c) A review team shall review cases of deaths of at-risk
4adults occurring in its planning and service area (i) involving
5blunt force trauma or an undetermined manner or suspicious
6cause of death; (ii) if requested by the deceased's attending
7physician or an emergency room physician; (iii) upon referral
8by a health care provider; (iv) upon referral by a coroner or
9medical examiner; (v) constituting an open or closed case from
10an adult protective services agency, law enforcement agency,
11State's Attorney's office, or the Department of Human Services'
12Office of the Inspector General that involves alleged or
13suspected abuse, neglect, or financial exploitation; or (vi)
14upon referral by a law enforcement agency or State's Attorney's
15office. If such a death occurs in a planning and service area
16where a review team has not yet been established, the Director
17shall request that the Advisory Council or another review team
18review that death. A team may also review deaths of at-risk
19adults if the alleged abuse or neglect occurred while the
20person was residing in a domestic living situation.
21    A review team shall meet not less than 4 times a year to
22discuss cases for its possible review. Each review team, with
23the advice and consent of the Department, shall establish
24criteria to be used in discussing cases of alleged, suspected,
25or substantiated abuse or neglect for review and shall conduct
26its activities in accordance with any applicable policies and

 

 

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1procedures established by the Department.
2    (c-5) The Illinois Fatality Review Team Advisory Council,
3consisting of one member from each review team in Illinois,
4shall be the coordinating and oversight body for review teams
5and activities in Illinois. The Director may appoint to the
6Advisory Council any ex-officio members deemed necessary.
7Persons with expertise needed by the Advisory Council may be
8invited to meetings. The Advisory Council must select from its
9members a chairperson and a vice-chairperson, each to serve a
102-year term. The chairperson or vice-chairperson may be
11selected to serve additional, subsequent terms. The Advisory
12Council must meet at least 4 times during each calendar year.
13    The Department may provide or arrange for the staff support
14necessary for the Advisory Council to carry out its duties. The
15Director, in cooperation and consultation with the Advisory
16Council, shall appoint, reappoint, and remove review team
17members.
18    The Advisory Council has, but is not limited to, the
19following duties:
20        (1) To serve as the voice of review teams in Illinois.
21        (2) To oversee the review teams in order to ensure that
22    the review teams' work is coordinated and in compliance
23    with State statutes and the operating protocol.
24        (3) To ensure that the data, results, findings, and
25    recommendations of the review teams are adequately used in
26    a timely manner to make any necessary changes to the

 

 

HB4235- 239 -LRB101 15666 AWJ 65707 b

1    policies, procedures, and State statutes in order to
2    protect at-risk adults.
3        (4) To collaborate with the Department in order to
4    develop any legislation needed to prevent unnecessary
5    deaths of at-risk adults.
6        (5) To ensure that the review teams' review processes
7    are standardized in order to convey data, findings, and
8    recommendations in a usable format.
9        (6) To serve as a link with review teams throughout the
10    country and to participate in national review team
11    activities.
12        (7) To provide the review teams with the most current
13    information and practices concerning at-risk adult death
14    review and related topics.
15        (8) To perform any other functions necessary to enhance
16    the capability of the review teams to reduce and prevent
17    at-risk adult fatalities.
18    The Advisory Council may prepare an annual report, in
19consultation with the Department, using aggregate data
20gathered by review teams and using the review teams'
21recommendations to develop education, prevention, prosecution,
22or other strategies designed to improve the coordination of
23services for at-risk adults and their families.
24    In any instance where a review team does not operate in
25accordance with established protocol, the Director, in
26consultation and cooperation with the Advisory Council, must

 

 

HB4235- 240 -LRB101 15666 AWJ 65707 b

1take any necessary actions to bring the review team into
2compliance with the protocol.
3    (d) Any document or oral or written communication shared
4within or produced by the review team relating to a case
5discussed or reviewed by the review team is confidential and is
6not admissible as evidence in any civil or criminal proceeding,
7except for use by a State's Attorney's office in prosecuting a
8criminal case against a caregiver. Those records and
9information are, however, subject to discovery or subpoena, and
10are admissible as evidence, to the extent they are otherwise
11available to the public.
12    Any document or oral or written communication provided to a
13review team by an individual or entity, and created by that
14individual or entity solely for the use of the review team, is
15confidential, is not subject to disclosure to or discoverable
16by another party, and is not admissible as evidence in any
17civil or criminal proceeding, except for use by a State's
18Attorney's office in prosecuting a criminal case against a
19caregiver. Those records and information are, however, subject
20to discovery or subpoena, and are admissible as evidence, to
21the extent they are otherwise available to the public.
22    Each entity or individual represented on the fatality
23review team may share with other members of the team
24information in the entity's or individual's possession
25concerning the decedent who is the subject of the review or
26concerning any person who was in contact with the decedent, as

 

 

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1well as any other information deemed by the entity or
2individual to be pertinent to the review. Any such information
3shared by an entity or individual with other members of the
4review team is confidential. The intent of this paragraph is to
5permit the disclosure to members of the review team of any
6information deemed confidential or privileged or prohibited
7from disclosure by any other provision of law. Release of
8confidential communication between domestic violence advocates
9and a domestic violence victim shall follow subsection (d) of
10Section 227 of the Illinois Domestic Violence Act of 1986 which
11allows for the waiver of privilege afforded to guardians,
12executors, or administrators of the estate of the domestic
13violence victim. This provision relating to the release of
14confidential communication between domestic violence advocates
15and a domestic violence victim shall exclude adult protective
16service providers.
17    A coroner's or medical examiner's office may share with the
18review team medical records that have been made available to
19the coroner's or medical examiner's office in connection with
20that office's investigation of a death.
21    Members of a review team and the Advisory Council are not
22subject to examination, in any civil or criminal proceeding,
23concerning information presented to members of the review team
24or the Advisory Council or opinions formed by members of the
25review team or the Advisory Council based on that information.
26A person may, however, be examined concerning information

 

 

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1provided to a review team or the Advisory Council.
2    (d-5) Meetings of the review teams and the Advisory Council
3may be closed to the public under the Open Meetings Act.
4Records and information provided to a review team and the
5Advisory Council, and records maintained by a team or the
6Advisory Council, are exempt from release under the Freedom of
7Information Act.
8    (e) A review team's recommendation in relation to a case
9discussed or reviewed by the review team, including, but not
10limited to, a recommendation concerning an investigation or
11prosecution, may be disclosed by the review team upon the
12completion of its review and at the discretion of a majority of
13its members who reviewed the case.
14    (e-5) The State shall indemnify and hold harmless members
15of a review team and the Advisory Council for all their acts,
16omissions, decisions, or other conduct arising out of the scope
17of their service on the review team or Advisory Council, except
18those involving willful or wanton misconduct. The method of
19providing indemnification shall be as provided in the State
20Employee Indemnification Act.
21    (f) The Department, in consultation with coroners, medical
22examiners, and law enforcement agencies, shall use aggregate
23data gathered by and recommendations from the Advisory Council
24and the review teams to create an annual report and may use
25those data and recommendations to develop education,
26prevention, prosecution, or other strategies designed to

 

 

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1improve the coordination of services for at-risk adults and
2their families. The Department or other State or county agency,
3in consultation with coroners, medical examiners, and law
4enforcement agencies, also may use aggregate data gathered by
5the review teams to create a database of at-risk individuals.
6    (g) The Department shall adopt such rules and regulations
7as it deems necessary to implement this Section.
8(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; 99-78,
9eff. 7-20-15; 99-530, eff. 1-1-17.)
 
10    Section 165. The Abused and Neglected Child Reporting Act
11is amended by changing Sections 4 and 4.1 as follows:
 
12    (325 ILCS 5/4)
13    Sec. 4. Persons required to report; privileged
14communications; transmitting false report.
15    (a) The following persons are required to immediately
16report to the Department when they have reasonable cause to
17believe that a child known to them in their professional or
18official capacities may be an abused child or a neglected
19child:
20        (1) Medical personnel, including any: physician
21    licensed to practice medicine in any of its branches
22    (medical doctor or doctor of osteopathy); resident;
23    intern; medical administrator or personnel engaged in the
24    examination, care, and treatment of persons; psychiatrist;

 

 

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1    surgeon; dentist; dental hygienist; chiropractic
2    physician; podiatric physician; physician assistant;
3    emergency medical technician; acupuncturist; registered
4    nurse; licensed practical nurse; advanced practice
5    registered nurse; genetic counselor; respiratory care
6    practitioner; home health aide; or certified nursing
7    assistant.
8        (2) Social services and mental health personnel,
9    including any: licensed professional counselor; licensed
10    clinical professional counselor; licensed social worker;
11    licensed clinical social worker; licensed psychologist or
12    assistant working under the direct supervision of a
13    psychologist; associate licensed marriage and family
14    therapist; licensed marriage and family therapist; field
15    personnel of the Departments of Healthcare and Family
16    Services, Public Health, Human Services, Human Rights, or
17    Children and Family Services; supervisor or administrator
18    of the General Assistance program established under
19    Article VI of the Illinois Public Aid Code; social services
20    administrator; or substance abuse treatment personnel.
21        (3) Crisis intervention personnel, including any:
22    crisis line or hotline personnel; or domestic violence
23    program personnel.
24        (4) Education personnel, including any: school
25    personnel (including administrators and certified and
26    non-certified school employees); personnel of institutions

 

 

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1    of higher education; educational advocate assigned to a
2    child in accordance with the School Code; member of a
3    school board or the Chicago Board of Education or the
4    governing body of a private school (but only to the extent
5    required under subsection (d)); or truant officer.
6        (5) Recreation or athletic program or facility
7    personnel.
8        (6) Child care personnel, including any: early
9    intervention provider as defined in the Early Intervention
10    Services System Act; director or staff assistant of a
11    nursery school or a child day care center; or foster
12    parent, homemaker, or child care worker.
13        (7) Law enforcement personnel, including any: law
14    enforcement officer; field personnel of the Department of
15    Juvenile Justice; field personnel of the Department of
16    Corrections; probation officer; or animal control officer
17    or field investigator of the Department of Agriculture's
18    Bureau of Animal Health and Welfare.
19        (8) Any funeral home director; funeral home director
20    and embalmer; funeral home employee; coroner; or medical
21    examiner.
22        (9) Any member of the clergy.
23        (10) Any physician, physician assistant, registered
24    nurse, licensed practical nurse, medical technician,
25    certified nursing assistant, licensed social worker,
26    licensed clinical social worker, or licensed professional

 

 

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1    counselor of any office, clinic, or any other physical
2    location that provides abortions, abortion referrals, or
3    contraceptives.
4    (b) When 2 or more persons who work within the same
5workplace and are required to report under this Act share a
6reasonable cause to believe that a child may be an abused or
7neglected child, one of those reporters may be designated to
8make a single report. The report shall include the names and
9contact information for the other mandated reporters sharing
10the reasonable cause to believe that a child may be an abused
11or neglected child. The designated reporter must provide
12written confirmation of the report to those mandated reporters
13within 48 hours. If confirmation is not provided, those
14mandated reporters are individually responsible for
15immediately ensuring a report is made. Nothing in this Section
16precludes or may be used to preclude any person from reporting
17child abuse or child neglect.
18    (c)(1) As used in this Section, "a child known to them in
19their professional or official capacities" means:
20        (A) the mandated reporter comes into contact with the
21    child in the course of the reporter's employment or
22    practice of a profession, or through a regularly scheduled
23    program, activity, or service;
24        (B) the mandated reporter is affiliated with an agency,
25    institution, organization, school, school district,
26    regularly established church or religious organization, or

 

 

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1    other entity that is directly responsible for the care,
2    supervision, guidance, or training of the child; or
3        (C) a person makes a specific disclosure to the
4    mandated reporter that an identifiable child is the victim
5    of child abuse or child neglect, and the disclosure happens
6    while the mandated reporter is engaged in his or her
7    employment or practice of a profession, or in a regularly
8    scheduled program, activity, or service.
9    (2) Nothing in this Section requires a child to come before
10the mandated reporter in order for the reporter to make a
11report of suspected child abuse or child neglect.
12    (d) If an allegation is raised to a school board member
13during the course of an open or closed school board meeting
14that a child who is enrolled in the school district of which he
15or she is a board member is an abused child as defined in
16Section 3 of this Act, the member shall direct or cause the
17school board to direct the superintendent of the school
18district or other equivalent school administrator to comply
19with the requirements of this Act concerning the reporting of
20child abuse. For purposes of this paragraph, a school board
21member is granted the authority in his or her individual
22capacity to direct the superintendent of the school district or
23other equivalent school administrator to comply with the
24requirements of this Act concerning the reporting of child
25abuse.
26    Notwithstanding any other provision of this Act, if an

 

 

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1employee of a school district has made a report or caused a
2report to be made to the Department under this Act involving
3the conduct of a current or former employee of the school
4district and a request is made by another school district for
5the provision of information concerning the job performance or
6qualifications of the current or former employee because he or
7she is an applicant for employment with the requesting school
8district, the general superintendent of the school district to
9which the request is being made must disclose to the requesting
10school district the fact that an employee of the school
11district has made a report involving the conduct of the
12applicant or caused a report to be made to the Department, as
13required under this Act. Only the fact that an employee of the
14school district has made a report involving the conduct of the
15applicant or caused a report to be made to the Department may
16be disclosed by the general superintendent of the school
17district to which the request for information concerning the
18applicant is made, and this fact may be disclosed only in cases
19where the employee and the general superintendent have not been
20informed by the Department that the allegations were unfounded.
21An employee of a school district who is or has been the subject
22of a report made pursuant to this Act during his or her
23employment with the school district must be informed by that
24school district that if he or she applies for employment with
25another school district, the general superintendent of the
26former school district, upon the request of the school district

 

 

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1to which the employee applies, shall notify that requesting
2school district that the employee is or was the subject of such
3a report.
4    (e) Whenever such person is required to report under this
5Act in his capacity as a member of the staff of a medical or
6other public or private institution, school, facility or
7agency, or as a member of the clergy, he shall make report
8immediately to the Department in accordance with the provisions
9of this Act and may also notify the person in charge of such
10institution, school, facility or agency, or church, synagogue,
11temple, mosque, or other religious institution, or his
12designated agent that such report has been made. Under no
13circumstances shall any person in charge of such institution,
14school, facility or agency, or church, synagogue, temple,
15mosque, or other religious institution, or his designated agent
16to whom such notification has been made, exercise any control,
17restraint, modification or other change in the report or the
18forwarding of such report to the Department.
19    (f) In addition to the persons required to report suspected
20cases of child abuse or child neglect under this Section, any
21other person may make a report if such person has reasonable
22cause to believe a child may be an abused child or a neglected
23child.
24    (g) The privileged quality of communication between any
25professional person required to report and his patient or
26client shall not apply to situations involving abused or

 

 

HB4235- 250 -LRB101 15666 AWJ 65707 b

1neglected children and shall not constitute grounds for failure
2to report as required by this Act or constitute grounds for
3failure to share information or documents with the Department
4during the course of a child abuse or neglect investigation. If
5requested by the professional, the Department shall confirm in
6writing that the information or documents disclosed by the
7professional were gathered in the course of a child abuse or
8neglect investigation.
9    The reporting requirements of this Act shall not apply to
10the contents of a privileged communication between an attorney
11and his or her client or to confidential information within the
12meaning of Rule 1.6 of the Illinois Rules of Professional
13Conduct relating to the legal representation of an individual
14client.
15    A member of the clergy may claim the privilege under
16Section 8-803 of the Code of Civil Procedure.
17    (h) Any office, clinic, or any other physical location that
18provides abortions, abortion referrals, or contraceptives
19shall provide to all office personnel copies of written
20information and training materials about abuse and neglect and
21the requirements of this Act that are provided to employees of
22the office, clinic, or physical location who are required to
23make reports to the Department under this Act, and instruct
24such office personnel to bring to the attention of an employee
25of the office, clinic, or physical location who is required to
26make reports to the Department under this Act any reasonable

 

 

HB4235- 251 -LRB101 15666 AWJ 65707 b

1suspicion that a child known to him or her in his or her
2professional or official capacity may be an abused child or a
3neglected child.
4    (i) Any person who enters into employment on and after July
51, 1986 and is mandated by virtue of that employment to report
6under this Act, shall sign a statement on a form prescribed by
7the Department, to the effect that the employee has knowledge
8and understanding of the reporting requirements of this Act. On
9and after January 1, 2019, the statement shall also include
10information about available mandated reporter training
11provided by the Department. The statement shall be signed prior
12to commencement of the employment. The signed statement shall
13be retained by the employer. The cost of printing,
14distribution, and filing of the statement shall be borne by the
15employer.
16    (j) Persons required to report child abuse or child neglect
17as provided under this Section must complete an initial
18mandated reporter training within 3 months of their date of
19engagement in a professional or official capacity as a mandated
20reporter, or within the time frame of any other applicable
21State law that governs training requirements for a specific
22profession, and at least every 3 years thereafter. The initial
23requirement only applies to the first time they engage in their
24professional or official capacity. In lieu of training every 3
25years, medical personnel, as listed in paragraph (1) of
26subsection (a), must meet the requirements described in

 

 

HB4235- 252 -LRB101 15666 AWJ 65707 b

1subsection (k).
2    The trainings shall be in-person or web-based, and shall
3include, at a minimum, information on the following topics: (i)
4indicators for recognizing child abuse and child neglect, as
5defined under this Act; (ii) the process for reporting
6suspected child abuse and child neglect in Illinois as required
7by this Act and the required documentation; (iii) responding to
8a child in a trauma-informed manner; and (iv) understanding the
9response of child protective services and the role of the
10reporter after a call has been made. Child-serving
11organizations are encouraged to provide in-person annual
12trainings.
13    The mandated reporter training shall be provided through
14the Department, through an entity authorized to provide
15continuing education for professionals licensed through the
16Department of Financial and Professional Regulation, the State
17Board of Education, the Illinois Law Enforcement Training
18Standards Board, or the Department of State Police, or through
19an organization approved by the Department to provide mandated
20reporter training. The Department must make available a free
21web-based training for reporters.
22    Each mandated reporter shall report to his or her employer
23and, when applicable, to his or her licensing or certification
24board that he or she received the mandated reporter training.
25The mandated reporter shall maintain records of completion.
26    Beginning January 1, 2021, if a mandated reporter receives

 

 

HB4235- 253 -LRB101 15666 AWJ 65707 b

1licensure from the Department of Financial and Professional
2Regulation or the State Board of Education, and his or her
3profession has continuing education requirements, the training
4mandated under this Section shall count toward meeting the
5licensee's required continuing education hours.
6    (k)(1) Medical personnel, as listed in paragraph (1) of
7subsection (a), who work with children in their professional or
8official capacity, must complete mandated reporter training at
9least every 6 years. Such medical personnel, if licensed, must
10attest at each time of licensure renewal on their renewal form
11that they understand they are a mandated reporter of child
12abuse and neglect, that they are aware of the process for
13making a report, that they know how to respond to a child in a
14trauma-informed manner, and that they are aware of the role of
15child protective services and the role of a reporter after a
16call has been made.
17    (2) In lieu of repeated training, medical personnel, as
18listed in paragraph (1) of subsection (a), who do not work with
19children in their professional or official capacity, may
20instead attest each time at licensure renewal on their renewal
21form that they understand they are a mandated reporter of child
22abuse and neglect, that they are aware of the process for
23making a report, that they know how to respond to a child in a
24trauma-informed manner, and that they are aware of the role of
25child protective services and the role of a reporter after a
26call has been made. Nothing in this paragraph precludes medical

 

 

HB4235- 254 -LRB101 15666 AWJ 65707 b

1personnel from completing mandated reporter training and
2receiving continuing education credits for that training.
3    (l) The Department shall provide copies of this Act, upon
4request, to all employers employing persons who shall be
5required under the provisions of this Section to report under
6this Act.
7    (m) Any person who knowingly transmits a false report to
8the Department commits the offense of disorderly conduct under
9subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
10A violation of this provision is a Class 4 felony.
11    Any person who knowingly and willfully violates any
12provision of this Section other than a second or subsequent
13violation of transmitting a false report as described in the
14preceding paragraph, is guilty of a Class A misdemeanor for a
15first violation and a Class 4 felony for a second or subsequent
16violation; except that if the person acted as part of a plan or
17scheme having as its object the prevention of discovery of an
18abused or neglected child by lawful authorities for the purpose
19of protecting or insulating any person or entity from arrest or
20prosecution, the person is guilty of a Class 4 felony for a
21first offense and a Class 3 felony for a second or subsequent
22offense (regardless of whether the second or subsequent offense
23involves any of the same facts or persons as the first or other
24prior offense).
25    (n) A child whose parent, guardian or custodian in good
26faith selects and depends upon spiritual means through prayer

 

 

HB4235- 255 -LRB101 15666 AWJ 65707 b

1alone for the treatment or cure of disease or remedial care may
2be considered neglected or abused, but not for the sole reason
3that his parent, guardian or custodian accepts and practices
4such beliefs.
5    (o) A child shall not be considered neglected or abused
6solely because the child is not attending school in accordance
7with the requirements of Article 26 of the School Code, as
8amended.
9    (p) Nothing in this Act prohibits a mandated reporter who
10reasonably believes that an animal is being abused or neglected
11in violation of the Humane Care for Animals Act from reporting
12animal abuse or neglect to the Department of Agriculture's
13Bureau of Animal Health and Welfare.
14    (q) A home rule unit may not regulate the reporting of
15child abuse or neglect in a manner inconsistent with the
16provisions of this Section. This Section is a limitation under
17subsection (i) of Section 6 of Article VII of the Illinois
18Constitution on the concurrent exercise by home rule units of
19powers and functions exercised by the State.
20    (r) For purposes of this Section "child abuse or neglect"
21includes abuse or neglect of an adult resident as defined in
22this Act.
23(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19;
24101-564, eff. 1-1-20.)
 
25    (325 ILCS 5/4.1)  (from Ch. 23, par. 2054.1)

 

 

HB4235- 256 -LRB101 15666 AWJ 65707 b

1    Sec. 4.1. Any person required to report under this Act who
2has reasonable cause to suspect that a child has died as a
3result of abuse or neglect shall also immediately report his
4suspicion to the appropriate medical examiner or coroner. Any
5other person who has reasonable cause to believe that a child
6has died as a result of abuse or neglect may report his
7suspicion to the appropriate medical examiner or coroner. The
8medical examiner or coroner shall investigate the report and
9communicate his apparent gross findings, orally, immediately
10upon completion of the gross autopsy, but in all cases within
1172 hours and within 21 days in writing, to the local law
12enforcement agency, the appropriate State's attorney, the
13Department and, if the institution making the report is a
14hospital, the hospital. The child protective investigator
15assigned to the death investigation shall have the right to
16require a copy of the completed autopsy report from the coroner
17or medical examiner.
18(Source: P.A. 85-193.)
 
19    Section 170. The Abused and Neglected Child Reporting Act
20is amended by changing Sections 7.9, 11.1, and 11.9 as follows:
 
21    (325 ILCS 5/7.9)  (from Ch. 23, par. 2057.9)
22    Sec. 7.9. The Department shall prepare, print, and
23distribute initial, preliminary, and final reporting forms to
24each Child Protective Service Unit. Initial written reports

 

 

HB4235- 257 -LRB101 15666 AWJ 65707 b

1from the reporting source shall contain the following
2information to the extent known at the time the report is made:
3(1) the names and addresses of the child and his parents or
4other persons responsible for his welfare; (1.5) the name and
5address of the school that the child attends (or the school
6that the child last attended, if the report is written during
7the summer when school is not in session), and the name of the
8school district in which the school is located, if applicable;
9(2) the child's age, sex, and race; (3) the nature and extent
10of the child's abuse or neglect, including any evidence of
11prior injuries, abuse, or neglect of the child or his siblings;
12(4) the names of the persons apparently responsible for the
13abuse or neglect; (5) family composition, including names,
14ages, sexes, and races of other children in the home; (6) the
15name of the person making the report, his occupation, and where
16he can be reached; (7) the actions taken by the reporting
17source, including the taking of photographs and x-rays, placing
18the child in temporary protective custody, or notifying the
19medical examiner or coroner; and (8) any other information the
20person making the report believes might be helpful in the
21furtherance of the purposes of this Act.
22(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.)
 
23    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
24    Sec. 11.1. Access to records.
25    (a) A person shall have access to the records described in

 

 

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1Section 11 only in furtherance of purposes directly connected
2with the administration of this Act or the Intergovernmental
3Missing Child Recovery Act of 1984. Those persons and purposes
4for access include:
5        (1) Department staff in the furtherance of their
6    responsibilities under this Act, or for the purpose of
7    completing background investigations on persons or
8    agencies licensed by the Department or with whom the
9    Department contracts for the provision of child welfare
10    services.
11        (2) A law enforcement agency investigating known or
12    suspected child abuse or neglect, known or suspected
13    involvement with child pornography, known or suspected
14    criminal sexual assault, known or suspected criminal
15    sexual abuse, or any other sexual offense when a child is
16    alleged to be involved.
17        (3) The Department of State Police when administering
18    the provisions of the Intergovernmental Missing Child
19    Recovery Act of 1984.
20        (4) A physician who has before him a child whom he
21    reasonably suspects may be abused or neglected.
22        (5) A person authorized under Section 5 of this Act to
23    place a child in temporary protective custody when such
24    person requires the information in the report or record to
25    determine whether to place the child in temporary
26    protective custody.

 

 

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1        (6) A person having the legal responsibility or
2    authorization to care for, treat, or supervise a child, or
3    a parent, prospective adoptive parent, foster parent,
4    guardian, or other person responsible for the child's
5    welfare, who is the subject of a report.
6        (7) Except in regard to harmful or detrimental
7    information as provided in Section 7.19, any subject of the
8    report, and if the subject of the report is a minor, his
9    guardian or guardian ad litem.
10        (8) A court, upon its finding that access to such
11    records may be necessary for the determination of an issue
12    before such court; however, such access shall be limited to
13    in camera inspection, unless the court determines that
14    public disclosure of the information contained therein is
15    necessary for the resolution of an issue then pending
16    before it.
17        (8.1) A probation officer or other authorized
18    representative of a probation or court services department
19    conducting an investigation ordered by a court under the
20    Juvenile Court Act of 1987.
21        (9) A grand jury, upon its determination that access to
22    such records is necessary in the conduct of its official
23    business.
24        (10) Any person authorized by the Director, in writing,
25    for audit or bona fide research purposes.
26        (11) Law enforcement agencies, coroners or medical

 

 

HB4235- 260 -LRB101 15666 AWJ 65707 b

1    examiners, physicians, courts, school superintendents and
2    child welfare agencies in other states who are responsible
3    for child abuse or neglect investigations or background
4    investigations.
5        (12) The Department of Professional Regulation, the
6    State Board of Education and school superintendents in
7    Illinois, who may use or disclose information from the
8    records as they deem necessary to conduct investigations or
9    take disciplinary action, as provided by law.
10        (13) A coroner or medical examiner who has reason to
11    believe that a child has died as the result of abuse or
12    neglect.
13        (14) The Director of a State-operated facility when an
14    employee of that facility is the perpetrator in an
15    indicated report.
16        (15) The operator of a licensed child care facility or
17    a facility licensed by the Department of Human Services (as
18    successor to the Department of Alcoholism and Substance
19    Abuse) in which children reside when a current or
20    prospective employee of that facility is the perpetrator in
21    an indicated child abuse or neglect report, pursuant to
22    Section 4.3 of the Child Care Act of 1969.
23        (16) Members of a multidisciplinary team in the
24    furtherance of its responsibilities under subsection (b)
25    of Section 7.1. All reports concerning child abuse and
26    neglect made available to members of such

 

 

HB4235- 261 -LRB101 15666 AWJ 65707 b

1    multidisciplinary teams and all records generated as a
2    result of such reports shall be confidential and shall not
3    be disclosed, except as specifically authorized by this Act
4    or other applicable law. It is a Class A misdemeanor to
5    permit, assist or encourage the unauthorized release of any
6    information contained in such reports or records. Nothing
7    contained in this Section prevents the sharing of reports
8    or records relating or pertaining to the death of a minor
9    under the care of or receiving services from the Department
10    of Children and Family Services and under the jurisdiction
11    of the juvenile court with the juvenile court, the State's
12    Attorney, and the minor's attorney.
13        (17) The Department of Human Services, as provided in
14    Section 17 of the Rehabilitation of Persons with
15    Disabilities Act.
16        (18) Any other agency or investigative body, including
17    the Department of Public Health and a local board of
18    health, authorized by State law to conduct an investigation
19    into the quality of care provided to children in hospitals
20    and other State regulated care facilities.
21        (19) The person appointed, under Section 2-17 of the
22    Juvenile Court Act of 1987, as the guardian ad litem of a
23    minor who is the subject of a report or records under this
24    Act; or the person appointed, under Section 5-610 of the
25    Juvenile Court Act of 1987, as the guardian ad litem of a
26    minor who is in the custody or guardianship of the

 

 

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1    Department or who has an open intact family services case
2    with the Department and who is the subject of a report or
3    records made pursuant to this Act.
4        (20) The Department of Human Services, as provided in
5    Section 10 of the Early Intervention Services System Act,
6    and the operator of a facility providing early intervention
7    services pursuant to that Act, for the purpose of
8    determining whether a current or prospective employee who
9    provides or may provide direct services under that Act is
10    the perpetrator in an indicated report of child abuse or
11    neglect filed under this Act.
12    (b) Nothing contained in this Act prevents the sharing or
13disclosure of information or records relating or pertaining to
14juveniles subject to the provisions of the Serious Habitual
15Offender Comprehensive Action Program when that information is
16used to assist in the early identification and treatment of
17habitual juvenile offenders.
18    (c) To the extent that persons or agencies are given access
19to information pursuant to this Section, those persons or
20agencies may give this information to and receive this
21information from each other in order to facilitate an
22investigation conducted by those persons or agencies.
23(Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)
 
24    (325 ILCS 5/11.9)
25    Sec. 11.9. Child Death Investigation Task Force;

 

 

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1establishment.
2    (a) The Department of Children and Family Services shall,
3from funds appropriated by the General Assembly to the
4Department for this purpose, or from funds that may otherwise
5be provided for this purpose from other public or private
6sources, establish a Child Death Investigation Task Force to
7operate in the Southern Region of the State and in other
8regions at the discretion of the Director of the Department.
9The Child Death Investigation Task Force shall develop and
10implement a plan for the investigation of sudden, unexpected,
11or unexplained child fatalities or near fatalities of children
12under 18 years of age occurring within that region, as may be
13further defined in Department rule and procedure. The plan must
14include provisions for local or State law enforcement agencies,
15the Department, hospitals, and medical examiners coroners to
16promptly notify the Task Force of a sudden, unexpected, or
17unexplained child fatality or near fatality of a child, and for
18the Task Force to review and investigate the notification. The
19investigation shall include coordination among members of a
20multidisciplinary team, including local or State law
21enforcement agencies, the Department, hospitals, medical
22examiners coroners, the appropriate State's Attorney's Office,
23and the appropriate children's advocacy center. The plan must
24also include provisions for training members of each
25multidisciplinary team on the various components of the
26investigation of fatalities or near fatalities of children. The

 

 

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1Task Force shall maintain case tracking and related case
2information for activations. Information shall be shared and
3reviewed by the Task Force's Board of Directors. The plan must
4be submitted in writing and approved by the Board of Directors.
5    (b) The Child Death Investigation Task Force shall be
6governed by a Board of Directors composed of, but not limited
7to, an approved representative from each of the following
8agencies or groups: the Department of Children and Family
9Services, the Southern Illinois Police Chiefs' Association,
10the Illinois Coroners and Medical Examiners Association, the
11Illinois State's Attorneys Association, the Illinois Sheriffs'
12Association, the Illinois State Police, the Child Advocacy
13Centers of Illinois, and the Illinois Law Enforcement Training
14Standards Board. The Board of Directors shall have the
15authority to organize itself and adopt bylaws and to appoint,
16assign, and elect members and leaders, and shall determine the
17voting rights of its members. The Board of Directors shall
18determine all major policies and establish all necessary
19principles and procedures of the Task Force. The Board of
20Directors shall meet 4 times a year or as called for in the
21bylaws of the organization.
22    (c) The State shall indemnify and hold harmless members of
23the Child Death Investigation Task Force and the Board of
24Directors for all their acts, omissions, decisions, or other
25conduct arising out of the scope of their service on the Task
26Force or Board, except those involving willful or wanton

 

 

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1misconduct. The method of providing indemnification shall be as
2provided in the State Employee Indemnification Act.
3(Source: P.A. 100-733, eff. 1-1-19.)
 
4    Section 175. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 5-100 as
6follows:
 
7    (405 ILCS 5/5-100)  (from Ch. 91 1/2, par. 5-100)
8    Sec. 5-100. Written notice of the death of a recipient of
9services which occurs at a mental health or developmental
10disabilities facility, or the death of a recipient of services
11who has not been discharged from a mental health or
12developmental disabilities facility but whose death occurs
13elsewhere, shall within 10 days of the death of a recipient be
14mailed to the Department of Public Health which, for the
15primary purpose of monitoring patterns of abuse and neglect of
16recipients of services, shall make such notices available to
17the Guardianship and Advocacy Commission and to the agency
18designated by the Governor under Section 1 of "An Act in
19relation to the protection and advocacy of the rights of
20persons with developmental disabilities, and amending Acts
21therein named", approved September 20, 1985. Such notice shall
22include the name of the recipient, the name and address of the
23facility at which the death occurred, the recipient's age, the
24nature of the recipient's condition, including any evidence of

 

 

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1the previous injuries or disabilities, or relevant medical
2conditions or any other information which might be helpful in
3establishing the cause of death.
4    Written notice of the death of a recipient of services who
5was admitted by court order, and the cause thereof shall, in
6all cases, be mailed by the facility director to the court
7entering the original admission order, and if possible, to the
8same judge, and the time, place and alleged cause of such death
9shall be entered upon the docket. Such notice must be mailed
10within 10 days following the death of the recipient.
11    In the event of a sudden or mysterious death of any
12recipient of services at any public or private facility, a
13medical examiner's coroner's inquest shall be held as provided
14by law in other cases.
15    In cases where the deceased person was a recipient or
16client of any state facility, and the fees for holding an
17inquest cannot be collected out of his estate, such fees shall
18be paid by the Department.
19(Source: P.A. 88-380.)
 
20    Section 180. The Developmental Disability and Mental
21Health Safety Act is amended by changing Sections 15 and 20 as
22follows:
 
23    (405 ILCS 82/15)
24    Sec. 15. Mortality Review Process.

 

 

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1    (a) The Department of Human Services shall develop an
2independent team of experts from the academic, private, and
3public sectors to examine all deaths at facilities and
4community agencies.
5    (b) The Secretary of Human Services, in consultation with
6the Director of Public Health, shall appoint members to the
7independent team of experts, which shall consist of at least
8one member from each of the following categories:
9        1. Physicians experienced in providing medical care to
10    individuals with developmental disabilities.
11        2. Physicians experienced in providing medical care to
12    individuals with mental illness.
13        3. Registered nurses experienced in providing medical
14    care to individuals with developmental disabilities.
15        4. Registered nurses experienced in providing medical
16    care to individuals with mental illness.
17        5. Psychiatrists.
18        6. Psychologists.
19        7. Representatives of the Department of Human Services
20    who are not employed at the facility at which the death
21    occurred.
22        8. Representatives of the Department of Public Health.
23        9. Representatives of the agency designated by the
24    Governor pursuant to the Protection and Advocacy for
25    Persons with Developmental Disabilities Act.
26        10. State's Attorneys or State's Attorneys'

 

 

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1    representatives.
2        11. Medical examiners Coroners or forensic
3    pathologists.
4        12. Representatives of local hospitals, trauma
5    centers, or providers of emergency medical services.
6        13. Other categories of persons, as the Secretary of
7    Human Services may see fit.
8    The independent team of experts may make recommendations to
9the Secretary of Human Services concerning additional
10appointments. Each team member must have demonstrated
11experience and an interest in investigating, treating, or
12preventing the deaths of individuals with disabilities. The
13Secretary of Human Services shall appoint additional teams if
14the Secretary or the existing team determines that more teams
15are necessary to accomplish the purposes of this Act. The
16members of a team shall be appointed for 2-year staggered terms
17and shall be eligible for reappointment upon the expiration of
18their terms. Each independent team shall select a Chairperson
19from among its members.
20    (c) The independent team of experts shall examine the
21deaths of all individuals who have died while under the care of
22a facility or community agency.
23    (d) The purpose of the independent team of experts'
24examination of such deaths is to do the following:
25        1. Review the cause and manner of the individual's
26    death.

 

 

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1        2. Review all actions taken by the facility, State
2    agencies, or other entities to address the cause or causes
3    of death and the adequacy of medical care and treatment.
4        3. Evaluate the means, if any, by which the death might
5    have been prevented.
6        4. Report its observations and conclusions to the
7    Secretary of Human Services and make recommendations that
8    may help to reduce the number of unnecessary deaths.
9        5. Promote continuing education for professionals
10    involved in investigating and preventing the unnecessary
11    deaths of individuals under the care of a facility or
12    community agency.
13        6. Make specific recommendations to the Secretary of
14    Human Services concerning the prevention of unnecessary
15    deaths of individuals under the care of facilities and
16    community agencies, including changes in policies and
17    practices that will prevent harm to individuals with
18    disabilities, and the establishment of protocols for
19    investigating the deaths of these individuals.
20    (e) The independent team of experts must examine the cases
21submitted to it on a quarterly basis. The team shall meet at
22least once in each calendar quarter if there are cases to be
23examined. The Department of Human Services shall forward cases
24within 90 days after completion of a review or an investigation
25into the death of an individual residing at a facility or
26community agency.

 

 

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1    (f) Within 90 days after receiving recommendations made by
2the independent team of experts under subsection (d) of this
3Section, the Secretary of Human Services must review those
4recommendations, as feasible and appropriate, and shall
5respond to the team in writing to explain the implementation of
6those recommendations.
7    (g) The Secretary of Human Services shall establish
8protocols governing the operation of the independent team.
9Those protocols shall include the creation of sub-teams to
10review the case records or portions of the case records and
11report to the full team. The members of a sub-team shall be
12composed of team members specially qualified to examine those
13records. In any instance in which the independent team does not
14operate in accordance with established protocol, the Secretary
15of Human Services shall take any necessary actions to bring the
16team into compliance with the protocol.
17(Source: P.A. 99-143, eff. 7-27-15.)
 
18    (405 ILCS 82/20)
19    Sec. 20. Independent team of experts' access to
20information.
21    (a) The Secretary of Human Services shall provide to the
22independent team of experts, on the request of the team
23Chairperson, all records and information in the Department's
24possession that are relevant to the team's examination of a
25death of the sort described in subsection (c) of Section 10,

 

 

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1including records and information concerning previous reports
2or investigations of any matter, as determined by the team.
3    (b) The independent team shall have access to all records
4and information that are relevant to its review of a death and
5in the possession of a State or local governmental agency or
6other entity. These records and information shall include,
7without limitation, death certificates, all relevant medical
8and mental health records, records of law enforcement agency
9investigations, records of coroner or medical examiner
10investigations, records of the Department of Corrections and
11Department of Juvenile Justice concerning a person's parole,
12aftercare release, records of a probation and court services
13department, and records of a social services agency that
14provided services to the person who died.
15(Source: P.A. 98-558, eff. 1-1-14.)
 
16    Section 185. The Crematory Regulation Act is amended by
17changing Sections 35 and 94 as follows:
 
18    (410 ILCS 18/35)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 35. Cremation procedures.
21    (a) Human remains shall not be cremated within 24 hours
22after the time of death, as indicated on the Medical Examiner's
23Medical Examiner's/Coroner's Certificate of Death. In any
24death, the human remains shall not be cremated by the crematory

 

 

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1authority until a cremation permit has been received from the
2coroner or medical examiner of the county in which the death
3occurred and the crematory authority has received a cremation
4authorization form, executed by an authorizing agent, in
5accordance with the provisions of Section 15 of this Act. In no
6instance, however, shall the lapse of time between the death
7and the cremation be less than 24 hours, unless (i) it is known
8the deceased has an infectious or dangerous disease and that
9the time requirement is waived in writing by the medical
10examiner or coroner where the death occurred or (ii) because of
11a religious requirement.
12    (b) Except as set forth in subsection (a) of this Section,
13a crematory authority shall have the right to schedule the
14actual cremation to be performed at its own convenience, at any
15time after the human remains have been delivered to the
16crematory authority, unless the crematory authority has
17received specific instructions to the contrary on the cremation
18authorization form.
19    (c) No crematory authority shall cremate human remains when
20it has actual knowledge that human remains contain a pacemaker
21or any other material or implant that may be potentially
22hazardous to the person performing the cremation.
23    (d) No crematory authority shall refuse to accept human
24remains for cremation because such human remains are not
25embalmed.
26    (e) Whenever a crematory authority is unable or

 

 

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1unauthorized to cremate human remains immediately upon taking
2custody of the remains, the crematory authority shall place the
3human remains in a holding facility in accordance with the
4crematory authority's rules and regulations. The crematory
5authority must notify the authorizing agent of the reasons for
6delay in cremation if a properly authorized cremation is not
7performed within any time period expressly contemplated in the
8authorization.
9    (f) A crematory authority shall not accept a casket or
10alternative container from which there is any evidence of the
11leakage of body fluids.
12    (g) The casket or the alternative container shall be
13cremated with the human remains or destroyed, unless the
14crematory authority has notified the authorizing agent to the
15contrary on the cremation authorization form and obtained the
16written consent of the authorizing agent.
17    (h) The simultaneous cremation of the human remains of more
18than one person within the same cremation chamber, without the
19prior written consent of the authorizing agent, is prohibited
20except for common cremation pursuant to Section 11.4 of the
21Hospital Licensing Act. Nothing in this subsection, however,
22shall prevent the simultaneous cremation within the same
23cremation chamber of body parts delivered to the crematory
24authority from multiple sources, or the use of cremation
25equipment that contains more than one cremation chamber.
26    (i) No unauthorized person shall be permitted in the

 

 

HB4235- 274 -LRB101 15666 AWJ 65707 b

1holding facility or cremation room while any human remains are
2being held there awaiting cremation, being cremated, or being
3removed from the cremation chamber.
4    (j) A crematory authority shall not remove any dental gold,
5body parts, organs, or any item of value prior to or subsequent
6to a cremation without previously having received specific
7written authorization from the authorizing agent and written
8instructions for the delivery of these items to the authorizing
9agent. Under no circumstances shall a crematory authority
10profit from making or assisting in any removal of valuables.
11    (k) Upon the completion of each cremation, and insofar as
12is practicable, all of the recoverable residue of the cremation
13process shall be removed from the cremation chamber.
14    (l) If all of the recovered cremated remains will not fit
15within the receptacle that has been selected, the remainder of
16the cremated remains shall be returned to the authorizing agent
17or the agent's designee in a separate container. The crematory
18authority shall not return to an authorizing agent or the
19agent's designee more or less cremated remains than were
20removed from the cremation chamber.
21    (m) A crematory authority shall not knowingly represent to
22an authorizing agent or the agent's designee that a temporary
23container or urn contains the cremated remains of a specific
24decedent when it does not.
25    (n) Cremated remains shall be shipped only by a method that
26has an internal tracing system available and that provides a

 

 

HB4235- 275 -LRB101 15666 AWJ 65707 b

1receipt signed by the person accepting delivery.
2    (o) A crematory authority shall maintain an identification
3system that shall ensure that it shall be able to identify the
4human remains in its possession throughout all phases of the
5cremation process.
6(Source: P.A. 96-338, eff. 1-1-10.)
 
7    (410 ILCS 18/94)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 94. Summary suspension of a license. The Comptroller
10may summarily suspend a license of a licensed crematory without
11a hearing, simultaneously with the institution of proceedings
12for a hearing provided for in this Act, if the Comptroller
13finds that evidence in the Comptroller's possession indicates
14that the licensee's continued practice would constitute an
15imminent danger to the public. In the event that the
16Comptroller summarily suspends the license of a licensed
17crematory without a hearing, a hearing must be commenced within
1830 days after the suspension has occurred and concluded as
19expeditiously as practical. In the event of a summary
20suspension, the county coroner or medical examiner responsible
21for the area where the crematory is located shall make
22arrangements to dispose of any bodies in the suspended
23licensee's possession after consulting with the authorizing
24agents for those bodies.
25(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
 

 

 

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1    Section 190. The Toxicological Laboratory Service Act is
2amended by changing Section 1 as follows:
 
3    (410 ILCS 60/1)  (from Ch. 111 1/2, par. 201)
4    Sec. 1. The Department of Public Health is authorized to
5establish and operate a toxicological laboratory service for
6the purpose of testing specimens submitted by medical examiners
7coroners, physicians and law enforcement officers in their
8efforts to determine whether poisonous, biologically
9infectious or radioactive substances have been involved in
10deaths, accidents, or illness; providing technical assistance
11and advice on the safe handling of such specimens; and for the
12further purpose of testing samples of water, air, and other
13substances to determine the radioactive or chemical
14ingredients of pollutants or industrial wastes which are or may
15be emptied into, or found in the streams, waters and atmosphere
16of this State, and for similar purposes.
17(Source: P.A. 86-853.)
 
18    Section 195. The Autopsy Act is amended by changing Section
195 as follows:
 
20    (410 ILCS 505/5)  (from Ch. 31, par. 45)
21    Sec. 5. Nothing in this Act shall be construed to
22contravene or supersede the provisions of Division 3-3 of the

 

 

HB4235- 277 -LRB101 15666 AWJ 65707 b

1Counties Code "An Act to revise the law in relation to
2coroners", approved February 6, 1874, as amended.
3(Source: Laws 1965, p. 2996.)
 
4    Section 200. The Cadaver Act is amended by changing Section
51 as follows:
 
6    (410 ILCS 510/1)  (from Ch. 144, par. 1551)
7    Sec. 1. Superintendents of penitentiaries, houses of
8correction and bridewells, hospitals, state charitable
9institutions and county homes, medical examiners coroners,
10sheriffs, jailors, funeral directors and all other state,
11county, town and city officers, in whose custody is the body of
12any deceased person, required to be buried at public expense,
13shall, in the absence of disposition of such body, or any part
14thereof by will or other written instrument, give permission to
15any physician or surgeon licensed in Illinois, or to any
16medical college or school, or other institution of higher
17science education or school of mortuary science, public or
18private, of any city, town or county, upon his or their receipt
19in writing and request therefor, to receive and remove free of
20public charge or expense, after having given proper notice to
21relatives or guardians of the deceased, the bodies of such
22deceased persons about to be buried at public expense, to be by
23him or them used within the state, for advancement of medical,
24anatomical, biological or mortuary science. Preference shall

 

 

HB4235- 278 -LRB101 15666 AWJ 65707 b

1be given to medical colleges or schools, public or private and
2such bodies to be distributed to and among the same, equitably,
3the number assigned to each, being in proportion to the
4students of each college or school: except, if any person
5claiming to be, and satisfying the proper authorities that he
6is of kindred of the deceased asks to have the body for burial,
7it shall, in the absence of other disposition of such body, or
8any part thereof by will, court order or other written
9instrument, be surrendered for interment. Any medical college
10or school, or other institution of higher science education or
11school of mortuary science, public and private, or any officers
12of the same, that receive the bodies of deceased persons for
13the purposes of scientific study, under the provisions of this
14Act, shall furnish the same to students of medicine, surgery
15and biological or mortuary sciences, who are under their
16instruction, at a price not exceeding the sum of $5 for each
17and every such deceased body so furnished.
18(Source: Laws 1965, p. 1980.)
 
19    Section 205. The Vital Records Act is amended by changing
20Sections 18, 20, 21, 21.7, and 25.5 as follows:
 
21    (410 ILCS 535/18)  (from Ch. 111 1/2, par. 73-18)
22    Sec. 18. (1) Each death which occurs in this State shall be
23registered by filing a death certificate with the local
24registrar of the district in which the death occurred or the

 

 

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1body was found, within 7 days after such death (within 5 days
2if the death occurs prior to January 1, 1989) and prior to
3cremation or removal of the body from the State, except when
4death is subject to investigation by the coroner or medical
5examiner.
6        (a) For the purposes of this Section, if the place of
7    death is unknown, a death certificate shall be filed in the
8    registration district in which a dead body is found, which
9    shall be considered the place of death.
10        (b) When a death occurs on a moving conveyance, the
11    place where the body is first removed from the conveyance
12    shall be considered the place of death and a death
13    certificate shall be filed in the registration district in
14    which such place is located.
15        (c) The funeral director who first assumes custody of a
16    dead body shall be responsible for filing a completed death
17    certificate. He shall obtain the personal data from the
18    next of kin or the best qualified person or source
19    available; he shall enter on the certificate the name,
20    relationship, and address of his informant; he shall enter
21    the date, place, and method of final disposition; he shall
22    affix his own signature and enter his address; and shall
23    present the certificate to the person responsible for
24    completing the medical certification of cause of death. The
25    person responsible for completing the medical
26    certification of cause of death must note the presence of

 

 

HB4235- 280 -LRB101 15666 AWJ 65707 b

1    methicillin-resistant staphylococcus aureus, clostridium
2    difficile, or vancomycin-resistant enterococci if it is a
3    contributing factor to or the cause of death. Additional
4    multi-drug resistant organisms (MDROs) may be added to this
5    list by the Department by rule.
6    (2) The medical certification shall be completed and signed
7within 48 hours after death by the physician in charge of the
8patient's care for the illness or condition which resulted in
9death, except when death is subject to the coroner's or medical
10examiner's investigation. In the absence of the physician or
11with his approval, the medical certificate may be completed and
12signed by his associate physician, the chief medical officer of
13the institution in which death occurred or by the physician who
14performed an autopsy upon the decedent.
15    (3) When a death occurs without medical attendance, or when
16it is otherwise subject to the coroner's or medical examiner's
17investigation, the coroner or medical examiner shall be
18responsible for the completion of a coroner's or medical
19examiner's certificate of death and shall sign the medical
20certification within 48 hours after death, except as provided
21by regulation in special problem cases. If the decedent was
22under the age of 18 years at the time of his or her death, and
23the death was due to injuries suffered as a result of a motor
24vehicle backing over a child, or if the death occurred due to
25the power window of a motor vehicle, the coroner or medical
26examiner must send a copy of the medical certification, with

 

 

HB4235- 281 -LRB101 15666 AWJ 65707 b

1information documenting that the death was due to a vehicle
2backing over the child or that the death was caused by a power
3window of a vehicle, to the Department of Children and Family
4Services. The Department of Children and Family Services shall
5(i) collect this information for use by Child Death Review
6Teams and (ii) compile and maintain this information as part of
7its Annual Child Death Review Team Report to the General
8Assembly.
9    (3.5) The medical certification of cause of death shall
10expressly provide an opportunity for the person completing the
11certification to indicate that the death was caused in whole or
12in part by a dementia-related disease, Parkinson's Disease, or
13Parkinson-Dementia Complex.
14    (4) When the deceased was a veteran of any war of the
15United States, the funeral director shall prepare a
16"Certificate of Burial of U. S. War Veteran", as prescribed and
17furnished by the Illinois Department of Veterans' Affairs, and
18submit such certificate to the Illinois Department of Veterans'
19Affairs monthly.
20    (5) When a death is presumed to have occurred in this State
21but the body cannot be located, a death certificate may be
22prepared by the State Registrar upon receipt of an order of a
23court of competent jurisdiction which includes the finding of
24facts required to complete the death certificate. Such death
25certificate shall be marked "Presumptive" and shall show on its
26face the date of the registration and shall identify the court

 

 

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1and the date of the judgment.
2(Source: P.A. 96-1000, eff. 7-2-10; 97-376, eff. 8-15-11.)
 
3    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
4    Sec. 20. Fetal death; place of registration.
5    (1) Each fetal death which occurs in this State after a
6gestation period of 20 completed weeks (and when the mother
7elects in writing to arrange for the burial or cremation of the
8fetus under Section 11.4 of the Hospital Licensing Act) or more
9shall be registered with the local or subregistrar of the
10district in which the delivery occurred within 7 days after the
11delivery and before removal of the fetus from the State, except
12as provided by regulation in special problem cases.
13        (a) For the purposes of this Section, if the place of
14    fetal death is unknown, a fetal death certificate shall be
15    filed in the registration district in which a dead fetus is
16    found, which shall be considered the place of fetal death.
17        (b) When a fetal death occurs on a moving conveyance,
18    the city, village, township, or road district in which the
19    fetus is first removed from the conveyance shall be
20    considered the place of delivery and a fetal death
21    certificate shall be filed in the registration district in
22    which the place is located.
23        (c) The funeral director or person acting as such who
24    first assumes custody of a fetus shall file the
25    certificate. The personal data shall be obtained from the

 

 

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1    best qualified person or source available. The name,
2    relationship, and address of the informant shall be entered
3    on the certificate. The date, place, and method of final
4    disposition of the fetus shall be recorded over the
5    personal signature and address of the funeral director
6    responsible for the disposition. The certificate shall be
7    presented to the person responsible for completing the
8    medical certification of the cause of death.
9    (2) The medical certification shall be completed and signed
10within 24 hours after delivery by the physician in attendance
11at or after delivery, except when investigation is required
12under Division 3-3 of Article 3 of the Counties Code and except
13as provided by regulation in special problem cases.
14    (3) When a fetal death occurs without medical attendance
15upon the mother at or after the delivery, or when investigation
16is required under Division 3-3 of Article 3 of the Counties
17Code, the medical examiner coroner shall be responsible for the
18completion of the fetal death certificate and shall sign the
19medical certification within 24 hours after the delivery or the
20finding of the fetus, except as provided by regulation in
21special problem cases.
22(Source: P.A. 92-348, eff. 1-1-02.)
 
23    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
24    Sec. 21. (1) The funeral director or person acting as such
25who first assumes custody of a dead body or fetus shall make a

 

 

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1written report to the registrar of the district in which death
2occurred or in which the body or fetus was found within 24
3hours after taking custody of the body or fetus on a form
4prescribed and furnished by the State Registrar and in
5accordance with the rules promulgated by the State Registrar.
6Except as specified in paragraph (2) of this Section, the
7written report shall serve as a permit to transport, bury or
8entomb the body or fetus within this State, provided that the
9funeral director or person acting as such shall certify that
10the physician in charge of the patient's care for the illness
11or condition which resulted in death has been contacted and has
12affirmatively stated that he will sign the medical certificate
13of death or the fetal death certificate. If a funeral director
14fails to file written reports under this Section in a timely
15manner, the local registrar may suspend the funeral director's
16privilege of filing written reports by mail. In a county with a
17population greater than 3,000,000, if a funeral director or
18person acting as such inters or entombs a dead body without
19having previously certified that the physician in charge of the
20patient's care for the illness or condition that resulted in
21death has been contacted and has affirmatively stated that he
22or she will sign the medical certificate of death, then that
23funeral director or person acting as such is responsible for
24payment of the specific costs incurred by the county medical
25examiner in disinterring and reinterring or reentombing the
26dead body.

 

 

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1    (2) The written report as specified in paragraph (1) of
2this Section shall not serve as a permit to:
3        (a) Remove body or fetus from this State;
4        (b) Cremate the body or fetus; or
5        (c) Make disposal of any body or fetus in any manner
6    when death is subject to the coroner's or medical
7    examiner's investigation.
8    (3) In accordance with the provisions of paragraph (2) of
9this Section the funeral director or person acting as such who
10first assumes custody of a dead body or fetus shall obtain a
11permit for disposition of such dead human body prior to final
12disposition or removal from the State of the body or fetus.
13Such permit shall be issued by the registrar of the district
14where death occurred or the body or fetus was found. No such
15permit shall be issued until a properly completed certificate
16of death has been filed with the registrar. The registrar shall
17insure the issuance of a permit for disposition within an
18expedited period of time to accommodate Sunday or holiday
19burials of decedents whose time of death and religious tenets
20or beliefs necessitate Sunday or holiday burials.
21    (4) A permit which accompanies a dead body or fetus brought
22into this State shall be authority for final disposition of the
23body or fetus in this State, except in municipalities where
24local ordinance requires the issuance of a local permit prior
25to disposition.
26    (5) A permit for disposition of a dead human body shall be

 

 

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1required prior to disinterment of a dead body or fetus, and
2when the disinterred body is to be shipped by a common carrier.
3Such permit shall be issued to a licensed funeral director or
4person acting as such, upon proper application, by the local
5registrar of the district in which disinterment is to be made.
6In the case of disinterment, proper application shall include a
7statement providing the name and address of any surviving
8spouse of the deceased, or, if none, any surviving children of
9the deceased, or if no surviving spouse or children, a parent,
10brother, or sister of the deceased. The application shall
11indicate whether the applicant is one of these parties and, if
12so, whether the applicant is a surviving spouse or a surviving
13child. Prior to the issuance of a permit for disinterment, the
14local registrar shall, by certified mail, notify the surviving
15spouse, unless he or she is the applicant, or if there is no
16surviving spouse, all surviving children except for the
17applicant, of the application for the permit. The person or
18persons notified shall have 30 days from the mailing of the
19notice to object by obtaining an injunction enjoining the
20issuance of the permit. After the 30-day period has expired,
21the local registrar shall issue the permit unless he or she has
22been enjoined from doing so or there are other statutory
23grounds for refusal. The notice to the spouse or surviving
24children shall inform the person or persons being notified of
25the right to seek an injunction within 30 days. Notwithstanding
26any other provision of this subsection (5), a court may order

 

 

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1issuance of a permit for disinterment without notice or prior
2to the expiration of the 30-day period where the petition is
3made by an agency of any governmental unit and good cause is
4shown for disinterment without notice or for the early order.
5Nothing in this subsection (5) limits the authority of the City
6of Chicago to acquire property or otherwise exercise its powers
7under the O'Hare Modernization Act or requires that City, or
8any person acting on behalf of that City, to obtain a permit
9under this subsection (5) when exercising powers under the
10O'Hare Modernization Act. The Illinois Department of
11Transportation, and any person acting on its behalf under a
12public-private agreement entered into in accordance with the
13Public-Private Agreements for the South Suburban Airport Act,
14is exempt from this subsection (5), provided that the Illinois
15Department of Transportation, or any such person, takes
16reasonable steps to comply with the provisions of this
17subsection (5) so long as compliance does not interfere with
18the design, development, operation, or maintenance of the South
19Suburban Airport or the exercise of their powers under the
20Public-Private Agreements for the South Suburban Airport Act.
21(Source: P.A. 98-109, eff. 7-25-13.)
 
22    (410 ILCS 535/21.7)
23    Sec. 21.7. Temporary removal of a dead body. No permit for
24transportation signed by the local registrar is required prior
25to transporting a dead human body out of the State of Illinois,

 

 

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1at the direction of a federally designated organ procurement
2organization, for the purpose of organ or tissue donation. The
3dead human body being transported for the purpose of organ or
4tissue donation shall be accompanied by a self-issued permit in
5accordance with rules adopted by the Department of Public
6Health. This self-issued permit shall be completed by an
7Illinois-licensed funeral director and embalmer or
8Illinois-licensed funeral director and shall serve as
9notification to the county medical examiner or coroner of the
10jurisdiction or county in which the death occurred that the
11dead human body is being transported out of Illinois for a
12period not to exceed 36 hours. This Section applies only to
13instances in which the dead human body is to be returned to
14Illinois prior to disposition. This Section does not affect any
15rights or responsibilities held by county medical examiners or
16coroners under the Local Governmental and Governmental
17Employees Tort Immunity Act. The Department of Public Health
18shall adopt rules to implement this Section.
19(Source: P.A. 99-262, eff. 1-1-16.)
 
20    (410 ILCS 535/25.5)
21    Sec. 25.5. Death Certificate Surcharge Fund. The
22additional $2 fee for certified copies of death certificates
23and fetal death certificates must be deposited into the Death
24Certificate Surcharge Fund, a special fund created in the State
25treasury. Beginning 30 days after the effective date of this

 

 

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1amendatory Act of the 92nd General Assembly and until January
21, 2003 and then beginning again on July 1, 2003 and until July
31, 2005, moneys in the Fund, subject to appropriation, may be
4used by the Department for the purpose of implementing an
5electronic reporting system for death registrations as
6provided in Section 18.5 of this Act. Before the effective date
7of this amendatory Act of the 92nd General Assembly, on and
8after January 1, 2003 and until July 1, 2003, and on and after
9July 1, 2005, moneys in the Fund, subject to appropriations,
10may be used as follows: (i) 25% by the Medical Examiner Coroner
11Training Board for the purpose of training medical examiners
12coroners, deputy medical examiners coroners, forensic
13pathologists, and police officers for death investigations and
14lodging and travel expenses relating to training, (ii) 25% for
15grants by the Department of Public Health for distribution to
16all local county coroners and medical examiners or officials
17charged with the duties set forth under Division 3-3 of the
18Counties Code, who have a different title, for equipment and
19lab facilities, (iii) 25% by the Department of Public Health
20for the purpose of setting up a statewide database of death
21certificates and implementing an electronic reporting system
22for death registrations pursuant to Section 18.5, and (iv) 25%
23for a grant by the Department of Public Health to local
24registrars.
25(Source: P.A. 99-408, eff. 1-1-16.)
 

 

 

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1    Section 210. The Environmental Protection Act is amended by
2changing Section 56.8 as follows:
 
3    (415 ILCS 5/56.8)
4    (Section scheduled to be repealed on December 31, 2022)
5    Sec. 56.8. Pharmaceutical Disposal Task Force.
6    (a) The Pharmaceutical Disposal Task Force is created. The
7Task Force shall coordinate a statewide public information
8campaign to highlight the benefits of and opportunities to
9properly dispose of pharmaceutical products. The campaign
10shall be implemented by the Agency, in coordination with the
11Department of Public Health and the Illinois State Board of
12Education. The publicity of the campaign shall include, as
13appropriate, opportunities to properly dispose of
14pharmaceutical products provided by:
15        (1) local police departments and local governments,
16        (2) pharmacies,
17        (3) long-term hazardous waste facilities,
18        (4) hazardous-waste collection events,
19        (5) the Agency,
20        (6) the federal Drug Enforcement Administration, and
21        (7) other public or private efforts to properly dispose
22    of pharmaceuticals.
23    The campaign shall address students, seniors, and at-risk
24populations and shall outline the public health benefits of
25proper disposal of unused pharmaceutical products and the

 

 

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1dangers and risks of their improper disposal.
2    (b) The Task Force shall consist of the following members
3appointed by the Director of the Agency:
4        (1) one representative of the Agency, who shall serve
5    as the chair of the Task Force;
6        (2) one representative of the Department of Public
7    Health;
8        (3) one representative of the Illinois State Board of
9    Education;
10        (4) one representative of a statewide organization
11    representing pharmacists;
12        (5) one representative of a statewide organization
13    representing agricultural interests;
14        (6) one representative of a statewide organization
15    representing environmental concerns;
16        (7) one representative of a statewide organization
17    representing physicians licensed to practice medicine in
18    all its branches;
19        (8) one representative of a statewide organization
20    representing medical examiners coroners;
21        (9) one representative of a statewide organization
22    representing pharmaceutical manufacturers; and
23        (10) one representative of a statewide organization
24    representing retailers.
25    If a vacancy occurs in the Task Force membership, the
26vacancy shall be filled in the same manner as the original

 

 

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1appointment. Task Force members shall not receive compensation
2for their service on the Task Force. The Agency shall provide
3the Task Force with administrative and other support.
4    (c) This Section is repealed on December 31, 2022.
5(Source: P.A. 100-925, eff. 1-1-19.)
 
6    Section 215. The Fire Investigation Act is amended by
7changing Section 6 as follows:
 
8    (425 ILCS 25/6)  (from Ch. 127 1/2, par. 6)
9    Sec. 6. Investigation and record of fires; Office of the
10State Fire Marshal.
11    (a) The chief of the fire department shall investigate the
12cause, origin and circumstances of every fire occurring in a
13municipality or fire protection district, or in any area or on
14any property which is furnished fire protection by the fire
15department of such municipality or fire protection district, by
16which property has been destroyed or damaged, and shall
17especially make investigation as to whether such fire was the
18result of carelessness or design. Such investigation shall be
19begun within two days, not including Sunday, of the occurrence
20of such fire, and the Office shall have the right to supervise
21and direct such investigation whenever it deems it expedient or
22necessary. The officer making investigation of fires occurring
23in cities, villages, towns, fire protection districts or
24townships shall forthwith notify the Office and shall by the

 

 

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115th of the month following the occurrence of the fire, furnish
2to the Office a statement of all facts relating to the cause
3and origin of the fire, and such other information as may be
4called for in a format approved or on forms provided by the
5Office.
6    (b) In every case in which a fire is determined to be a
7contributing factor in a death, the medical examiner coroner of
8the county where the death occurred shall report the death to
9the Office as provided in Section 3-3013 of the Counties Code.
10    (c) The Office shall keep a record of all fires occurring
11in the State, together with all facts, statistics and
12circumstances, including the origin of the fires, which may be
13determined by the investigations provided by this act; such
14record shall at all times be open to the public inspection, and
15such portions of it as the State Director of Insurance may deem
16necessary shall be transcribed and forwarded to him within
17fifteen days from the first of January of each year.
18    (d) In addition to the reporting of fires, the chief of the
19fire department shall furnish to the Office such other
20information as the State Fire Marshal deems of importance to
21the fire services.
22(Source: P.A. 101-82, eff. 1-1-20.)
 
23    Section 220. The Illinois Vehicle Code is amended by
24changing Sections 6-117, 11-413, 11-414, 11-501.7, and 12-215
25as follows:
 

 

 

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1    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
2    Sec. 6-117. Records to be kept by the Secretary of State.
3    (a) The Secretary of State shall file every application for
4a license or permit accepted under this Chapter, and shall
5maintain suitable indexes thereof. The records of the Secretary
6of State shall indicate the action taken with respect to such
7applications.
8    (b) The Secretary of State shall maintain appropriate
9records of all licenses and permits refused, cancelled,
10disqualified, revoked, or suspended and of the revocation,
11suspension, and disqualification of driving privileges of
12persons not licensed under this Chapter, and such records shall
13note the reasons for such action.
14    (c) The Secretary of State shall maintain appropriate
15records of convictions reported under this Chapter. Records of
16conviction may be maintained in a computer processible medium.
17    (d) The Secretary of State may also maintain appropriate
18records of any accident reports received.
19    (e) The Secretary of State shall also maintain appropriate
20records of any disposition of supervision or records relative
21to a driver's referral to a driver remedial or rehabilitative
22program, as required by the Secretary of State or the courts.
23Such records shall only be available for use by the Secretary,
24the driver licensing administrator of any other state, law
25enforcement agencies, the courts, and the affected driver or,

 

 

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1upon proper verification, such affected driver's attorney.
2    (f) The Secretary of State shall also maintain or contract
3to maintain appropriate records of all photographs and
4signatures obtained in the process of issuing any driver's
5license, permit, or identification card. The record shall be
6confidential and shall not be disclosed except to those
7entities listed under Section 6-110.1 of this Code.
8    (g) The Secretary of State may establish a First Person
9Consent organ and tissue donor registry in compliance with
10subsection (b-1) of Section 5-20 of the Illinois Anatomical
11Gift Act, as follows:
12        (1) The Secretary shall offer, to each applicant for
13    issuance or renewal of a driver's license or identification
14    card who is 16 years of age or older, the opportunity to
15    have his or her name included in the First Person Consent
16    organ and tissue donor registry. The Secretary must advise
17    the applicant or licensee that he or she is under no
18    compulsion to have his or her name included in the
19    registry. An individual who agrees to having his or her
20    name included in the First Person Consent organ and tissue
21    donor registry has given full legal consent to the donation
22    of any of his or her organs or tissue upon his or her
23    death. A brochure explaining this method of executing an
24    anatomical gift must be given to each applicant for
25    issuance or renewal of a driver's license or identification
26    card. The brochure must advise the applicant or licensee

 

 

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1    (i) that he or she is under no compulsion to have his or
2    her name included in this registry and (ii) that he or she
3    may wish to consult with family, friends, or clergy before
4    doing so.
5        (2) The Secretary of State may establish additional
6    methods by which an individual may have his or her name
7    included in the First Person Consent organ and tissue donor
8    registry.
9        (3) When an individual has agreed to have his or her
10    name included in the First Person Consent organ and tissue
11    donor registry, the Secretary of State shall note that
12    agreement in the First Person consent organ and tissue
13    donor registry. Representatives of federally designated
14    organ procurement agencies and tissue banks and the offices
15    of Illinois county coroners and medical examiners may
16    inquire of the Secretary of State whether a potential organ
17    donor's name is included in the First Person Consent organ
18    and tissue donor registry, and the Secretary of State may
19    provide that information to the representative.
20        (4) An individual may withdraw his or her consent to be
21    listed in the First Person Consent organ and tissue donor
22    registry maintained by the Secretary of State by notifying
23    the Secretary of State in writing, or by any other means
24    approved by the Secretary, of the individual's decision to
25    have his or her name removed from the registry.
26        (5) The Secretary of State may undertake additional

 

 

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1    efforts, including education and awareness activities, to
2    promote organ and tissue donation.
3        (6) In the absence of gross negligence or willful
4    misconduct, the Secretary of State and his or her employees
5    are immune from any civil or criminal liability in
6    connection with an individual's consent to be listed in the
7    organ and tissue donor registry.
8(Source: P.A. 100-41, eff. 1-1-18.)
 
9    (625 ILCS 5/11-413)  (from Ch. 95 1/2, par. 11-413)
10    Sec. 11-413. Medical examiners Coroners to report. All
11medical examiners coroners shall on or before the 10th day of
12each month report in writing to the Administrator the death of
13any person within their respective jurisdiction, during the
14preceding calendar month, as the result of a traffic accident
15giving the time and place of the accident and the circumstances
16relating thereto.
17(Source: P.A. 83-831.)
 
18    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
19    Sec. 11-414. Department to tabulate and analyze motor
20vehicle accident reports. The Department shall tabulate and may
21analyze all written motor vehicle accident reports received in
22compliance with this Code and shall publish annually or at more
23frequent intervals motor vehicle accident data. The
24Department:

 

 

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1        1. (blank);
2        2. shall, upon written request, make available to the
3    public motor vehicle accident data that shall be
4    distributed under Sections 11-412 and 11-417 of this Code;
5        3. may conduct special investigations of motor vehicle
6    accidents and may solicit supplementary reports from
7    drivers, owners, police departments, sheriffs, medical
8    examiners coroners, or any other individual. Failure of any
9    individual to submit a supplementary report subjects such
10    individual to the same penalties for failure to report as
11    designated under Section 11-406.
12(Source: P.A. 100-96, eff. 1-1-18.)
 
13    (625 ILCS 5/11-501.7)  (from Ch. 95 1/2, par. 11-501.7)
14    Sec. 11-501.7. (a) As a condition of probation or discharge
15of a person convicted of a violation of Section 11-501 of this
16Code, who was less than 21 years of age at the time of the
17offense, or a person adjudicated delinquent pursuant to the
18Juvenile Court Act of 1987, for violation of Section 11-501 of
19this Code, the Court may order the offender to participate in
20the Youthful Intoxicated Drivers' Visitation Program. The
21Program shall consist of a supervised visitation as provided by
22this Section by the person to at least one of the following, to
23the extent that personnel and facilities are available:
24        (1) A State or private rehabilitation facility that
25    cares for victims of motor vehicle accidents involving

 

 

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1    persons under the influence of alcohol.
2        (2) A facility which cares for advanced alcoholics to
3    observe persons in the terminal stages of alcoholism, under
4    the supervision of appropriately licensed medical
5    personnel.
6        (3) If approved by the medical examiner coroner of the
7    county where the person resides, the county medical
8    examiner's coroner's office or the county morgue to observe
9    appropriate victims of motor vehicle accidents involving
10    persons under the influence of alcohol, under the
11    supervision of the medical examiner coroner or deputy
12    medical examiner coroner.
13    (b) The Program shall be operated by the appropriate
14probation authorities of the courts of the various circuits.
15The youthful offender ordered to participate in the Program
16shall bear all costs associated with participation in the
17Program. A parent or guardian of the offender may assume the
18obligation of the offender to pay the costs of the Program. The
19court may waive the requirement that the offender pay the costs
20of participation in the Program upon a finding of indigency.
21    (c) As used in this Section, "appropriate victims" means
22victims whose condition is determined by the visit supervisor
23to demonstrate the results of motor vehicle accidents involving
24persons under the influence of alcohol without being
25excessively gruesome or traumatic to the observer.
26    (d) Any visitation shall include, before any observation of

 

 

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1victims or persons with disabilities, a comprehensive
2counseling session with the visitation supervisor at which the
3supervisor shall explain and discuss the experiences which may
4be encountered during the visitation in order to ascertain
5whether the visitation is appropriate.
6(Source: P.A. 101-81, eff. 7-12-19.)
 
7    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
8    Sec. 12-215. Oscillating, rotating or flashing lights on
9motor vehicles. Except as otherwise provided in this Code:
10    (a) The use of red or white oscillating, rotating or
11flashing lights, whether lighted or unlighted, is prohibited
12except on:
13        1. Law enforcement vehicles of State, Federal or local
14    authorities;
15        2. A vehicle operated by a police officer or county
16    medical examiner coroner and designated or authorized by
17    local authorities, in writing, as a law enforcement
18    vehicle; however, such designation or authorization must
19    be carried in the vehicle;
20        2.1. A vehicle operated by a fire chief, deputy fire
21    chief, or assistant fire chief who has completed an
22    emergency vehicle operation training course approved by
23    the Office of the State Fire Marshal and designated or
24    authorized by local authorities, in writing, as a fire
25    department, fire protection district, or township fire

 

 

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1    department vehicle; however, the designation or
2    authorization must be carried in the vehicle, and the
3    lights may be visible or activated only when responding to
4    a bona fide emergency;
5        3. Vehicles of local fire departments and State or
6    federal firefighting vehicles;
7        4. Vehicles which are designed and used exclusively as
8    ambulances or rescue vehicles; furthermore, such lights
9    shall not be lighted except when responding to an emergency
10    call for and while actually conveying the sick or injured;
11        4.5. Vehicles which are occasionally used as rescue
12    vehicles that have been authorized for use as rescue
13    vehicles by a volunteer EMS provider, provided that the
14    operator of the vehicle has successfully completed an
15    emergency vehicle operation training course recognized by
16    the Department of Public Health; furthermore, the lights
17    shall not be lighted except when responding to an emergency
18    call for the sick or injured;
19        5. Tow trucks licensed in a state that requires such
20    lights; furthermore, such lights shall not be lighted on
21    any such tow truck while the tow truck is operating in the
22    State of Illinois;
23        6. Vehicles of the Illinois Emergency Management
24    Agency, vehicles of the Office of the Illinois State Fire
25    Marshal, vehicles of the Illinois Department of Public
26    Health, vehicles of the Illinois Department of

 

 

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1    Corrections, and vehicles of the Illinois Department of
2    Juvenile Justice;
3        7. Vehicles operated by a local or county emergency
4    management services agency as defined in the Illinois
5    Emergency Management Agency Act;
6        8. School buses operating alternately flashing head
7    lamps as permitted under Section 12-805 of this Code;
8        9. Vehicles that are equipped and used exclusively as
9    organ transplant vehicles when used in combination with
10    blue oscillating, rotating, or flashing lights;
11    furthermore, these lights shall be lighted only when the
12    transportation is declared an emergency by a member of the
13    transplant team or a representative of the organ
14    procurement organization;
15        10. Vehicles of the Illinois Department of Natural
16    Resources that are used for mine rescue and explosives
17    emergency response;
18        11. Vehicles of the Illinois Department of
19    Transportation identified as Emergency Traffic Patrol; the
20    lights shall not be lighted except when responding to an
21    emergency call or when parked or stationary while engaged
22    in motor vehicle assistance or at the scene of the
23    emergency; and
24        12. Vehicles of the Illinois State Toll Highway
25    Authority with a gross vehicle weight rating of 9,000
26    pounds or more and those identified as Highway Emergency

 

 

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1    Lane Patrol; the lights shall not be lighted except when
2    responding to an emergency call or when parked or
3    stationary while engaged in motor vehicle assistance or at
4    the scene of the emergency.
5    (b) The use of amber oscillating, rotating or flashing
6lights, whether lighted or unlighted, is prohibited except on:
7        1. Second division vehicles designed and used for
8    towing or hoisting vehicles; furthermore, such lights
9    shall not be lighted except as required in this paragraph
10    1; such lights shall be lighted when such vehicles are
11    actually being used at the scene of an accident or
12    disablement; if the towing vehicle is equipped with a flat
13    bed that supports all wheels of the vehicle being
14    transported, the lights shall not be lighted while the
15    vehicle is engaged in towing on a highway; if the towing
16    vehicle is not equipped with a flat bed that supports all
17    wheels of a vehicle being transported, the lights shall be
18    lighted while the towing vehicle is engaged in towing on a
19    highway during all times when the use of headlights is
20    required under Section 12-201 of this Code; in addition,
21    these vehicles may use white oscillating, rotating, or
22    flashing lights in combination with amber oscillating,
23    rotating, or flashing lights as provided in this paragraph;
24        2. Motor vehicles or equipment of the State of
25    Illinois, the Illinois State Toll Highway Authority, local
26    authorities and contractors; furthermore, such lights

 

 

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1    shall not be lighted except while such vehicles are engaged
2    in maintenance or construction operations within the
3    limits of construction projects;
4        3. Vehicles or equipment used by engineering or survey
5    crews; furthermore, such lights shall not be lighted except
6    while such vehicles are actually engaged in work on a
7    highway;
8        4. Vehicles of public utilities, municipalities, or
9    other construction, maintenance or automotive service
10    vehicles except that such lights shall be lighted only as a
11    means for indicating the presence of a vehicular traffic
12    hazard requiring unusual care in approaching, overtaking
13    or passing while such vehicles are engaged in maintenance,
14    service or construction on a highway;
15        5. Oversized vehicle or load; however, such lights
16    shall only be lighted when moving under permit issued by
17    the Department under Section 15-301 of this Code;
18        6. The front and rear of motorized equipment owned and
19    operated by the State of Illinois or any political
20    subdivision thereof, which is designed and used for removal
21    of snow and ice from highways;
22        6.1. The front and rear of motorized equipment or
23    vehicles that (i) are not owned by the State of Illinois or
24    any political subdivision of the State, (ii) are designed
25    and used for removal of snow and ice from highways and
26    parking lots, and (iii) are equipped with a snow plow that

 

 

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1    is 12 feet in width; these lights may not be lighted except
2    when the motorized equipment or vehicle is actually being
3    used for those purposes on behalf of a unit of government;
4        7. Fleet safety vehicles registered in another state,
5    furthermore, such lights shall not be lighted except as
6    provided for in Section 12-212 of this Code;
7        8. Such other vehicles as may be authorized by local
8    authorities;
9        9. Law enforcement vehicles of State or local
10    authorities when used in combination with red oscillating,
11    rotating or flashing lights;
12        9.5. Propane delivery trucks;
13        10. Vehicles used for collecting or delivering mail for
14    the United States Postal Service provided that such lights
15    shall not be lighted except when such vehicles are actually
16    being used for such purposes;
17        10.5. Vehicles of the Office of the Illinois State Fire
18    Marshal, provided that such lights shall not be lighted
19    except for when such vehicles are engaged in work for the
20    Office of the Illinois State Fire Marshal;
21        11. Any vehicle displaying a slow-moving vehicle
22    emblem as provided in Section 12-205.1;
23        12. All trucks equipped with self-compactors or
24    roll-off hoists and roll-on containers for garbage,
25    recycling, or refuse hauling. Such lights shall not be
26    lighted except when such vehicles are actually being used

 

 

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1    for such purposes;
2        13. Vehicles used by a security company, alarm
3    responder, control agency, or the Illinois Department of
4    Corrections;
5        14. Security vehicles of the Department of Human
6    Services; however, the lights shall not be lighted except
7    when being used for security related purposes under the
8    direction of the superintendent of the facility where the
9    vehicle is located; and
10        15. Vehicles of union representatives, except that the
11    lights shall be lighted only while the vehicle is within
12    the limits of a construction project.
13    (c) The use of blue oscillating, rotating or flashing
14lights, whether lighted or unlighted, is prohibited except on:
15        1. Rescue squad vehicles not owned by a fire department
16    and vehicles owned or operated by a:
17            voluntary firefighter;
18            paid firefighter;
19            part-paid firefighter;
20            call firefighter;
21            member of the board of trustees of a fire
22        protection district;
23            paid or unpaid member of a rescue squad;
24            paid or unpaid member of a voluntary ambulance
25        unit; or
26            paid or unpaid members of a local or county

 

 

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1        emergency management services agency as defined in the
2        Illinois Emergency Management Agency Act, designated
3        or authorized by local authorities, in writing, and
4        carrying that designation or authorization in the
5        vehicle.
6        However, such lights are not to be lighted except when
7    responding to a bona fide emergency or when parked or
8    stationary at the scene of a fire, rescue call, ambulance
9    call, or motor vehicle accident.
10        Any person using these lights in accordance with this
11    subdivision (c)1 must carry on his or her person an
12    identification card or letter identifying the bona fide
13    member of a fire department, fire protection district,
14    rescue squad, ambulance unit, or emergency management
15    services agency that owns or operates that vehicle. The
16    card or letter must include:
17            (A) the name of the fire department, fire
18        protection district, rescue squad, ambulance unit, or
19        emergency management services agency;
20            (B) the member's position within the fire
21        department, fire protection district, rescue squad,
22        ambulance unit, or emergency management services
23        agency;
24            (C) the member's term of service; and
25            (D) the name of a person within the fire
26        department, fire protection district, rescue squad,

 

 

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1        ambulance unit, or emergency management services
2        agency to contact to verify the information provided.
3        2. Police department vehicles in cities having a
4    population of 500,000 or more inhabitants.
5        3. Law enforcement vehicles of State or local
6    authorities when used in combination with red oscillating,
7    rotating or flashing lights.
8        4. Vehicles of local fire departments and State or
9    federal firefighting vehicles when used in combination
10    with red oscillating, rotating or flashing lights.
11        5. Vehicles which are designed and used exclusively as
12    ambulances or rescue vehicles when used in combination with
13    red oscillating, rotating or flashing lights; furthermore,
14    such lights shall not be lighted except when responding to
15    an emergency call.
16        6. Vehicles that are equipped and used exclusively as
17    organ transport vehicles when used in combination with red
18    oscillating, rotating, or flashing lights; furthermore,
19    these lights shall only be lighted when the transportation
20    is declared an emergency by a member of the transplant team
21    or a representative of the organ procurement organization.
22        7. Vehicles of the Illinois Emergency Management
23    Agency, vehicles of the Office of the Illinois State Fire
24    Marshal, vehicles of the Illinois Department of Public
25    Health, vehicles of the Illinois Department of
26    Corrections, and vehicles of the Illinois Department of

 

 

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1    Juvenile Justice, when used in combination with red
2    oscillating, rotating, or flashing lights.
3        8. Vehicles operated by a local or county emergency
4    management services agency as defined in the Illinois
5    Emergency Management Agency Act, when used in combination
6    with red oscillating, rotating, or flashing lights.
7        9. Vehicles of the Illinois Department of Natural
8    Resources that are used for mine rescue and explosives
9    emergency response, when used in combination with red
10    oscillating, rotating, or flashing lights.
11    (c-1) In addition to the blue oscillating, rotating, or
12flashing lights permitted under subsection (c), and
13notwithstanding subsection (a), a vehicle operated by a
14voluntary firefighter, a voluntary member of a rescue squad, or
15a member of a voluntary ambulance unit may be equipped with
16flashing white headlights and blue grill lights, which may be
17used only in responding to an emergency call or when parked or
18stationary at the scene of a fire, rescue call, ambulance call,
19or motor vehicle accident.
20    (c-2) In addition to the blue oscillating, rotating, or
21flashing lights permitted under subsection (c), and
22notwithstanding subsection (a), a vehicle operated by a paid or
23unpaid member of a local or county emergency management
24services agency as defined in the Illinois Emergency Management
25Agency Act, may be equipped with white oscillating, rotating,
26or flashing lights to be used in combination with blue

 

 

HB4235- 310 -LRB101 15666 AWJ 65707 b

1oscillating, rotating, or flashing lights, if authorization by
2local authorities is in writing and carried in the vehicle.
3    (d) The use of a combination of amber and white
4oscillating, rotating or flashing lights, whether lighted or
5unlighted, is prohibited except on second division vehicles
6designed and used for towing or hoisting vehicles or motor
7vehicles or equipment of the State of Illinois, local
8authorities, contractors, and union representatives;
9furthermore, such lights shall not be lighted on second
10division vehicles designed and used for towing or hoisting
11vehicles or vehicles of the State of Illinois, local
12authorities, and contractors except while such vehicles are
13engaged in a tow operation, highway maintenance, or
14construction operations within the limits of highway
15construction projects, and shall not be lighted on the vehicles
16of union representatives except when those vehicles are within
17the limits of a construction project.
18    (e) All oscillating, rotating or flashing lights referred
19to in this Section shall be of sufficient intensity, when
20illuminated, to be visible at 500 feet in normal sunlight.
21    (f) Nothing in this Section shall prohibit a manufacturer
22of oscillating, rotating or flashing lights or his
23representative or authorized vendor from temporarily mounting
24such lights on a vehicle for demonstration purposes only. If
25the lights are not covered while the vehicle is operated upon a
26highway, the vehicle shall display signage indicating that the

 

 

HB4235- 311 -LRB101 15666 AWJ 65707 b

1vehicle is out of service or not an emergency vehicle. The
2signage shall be displayed on all sides of the vehicle in
3letters at least 2 inches tall and one-half inch wide. A
4vehicle authorized to have oscillating, rotating, or flashing
5lights mounted for demonstration purposes may not activate the
6lights while the vehicle is operated upon a highway.
7    (g) Any person violating the provisions of subsections (a),
8(b), (c) or (d) of this Section who without lawful authority
9stops or detains or attempts to stop or detain another person
10shall be guilty of a Class 2 felony.
11    (h) Except as provided in subsection (g) above, any person
12violating the provisions of subsections (a) or (c) of this
13Section shall be guilty of a Class A misdemeanor.
14(Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20.)
 
15    Section 225. The Boat Registration and Safety Act is
16amended by changing Section 6-1 as follows:
 
17    (625 ILCS 45/6-1)  (from Ch. 95 1/2, par. 316-1)
18    Sec. 6-1. Collisions, accidents, and casualties; reports.
19    A. The operator of a vessel involved in a collision,
20accident, or other casualty, so far as he can without serious
21danger to his own vessel, crew, passengers and guests, if any,
22shall render to other persons affected by the collision,
23accident, or other casualty assistance as may be practicable
24and as may be necessary in order to save them from or minimize

 

 

HB4235- 312 -LRB101 15666 AWJ 65707 b

1any danger caused by the collision, accident, or other
2casualty, and also shall give his name, address, and
3identification of his vessel to any person injured and to the
4owner of any property damaged in the collision, accident, or
5other casualty.
6    If the collision, accident, or other casualty has resulted
7in the death of or personal injury to any person, failure to
8comply with this subsection A is a Class A misdemeanor.
9    A-1. Any person who has failed to stop or to comply with
10the requirements of subsection A must, as soon as possible but
11in no case later than one hour after the collision, accident,
12or other casualty, or, if hospitalized and incapacitated from
13reporting at any time during that period, as soon as possible
14but in no case later than one hour after being discharged from
15the hospital, report the date, place, and approximate time of
16the collision, accident, or other casualty, the watercraft
17operator's name and address, the identification number of the
18watercraft, if any, and the names of all other occupants of the
19watercraft, at a police station or sheriff's office near the
20location where the collision, accident, or other casualty
21occurred. A report made as required under this subsection A-1
22may not be used, directly or indirectly, as a basis for the
23prosecution of any violation of subsection A.
24    As used in this Section, personal injury means any injury
25requiring treatment beyond first aid.
26    Any person failing to comply with this subsection A-1 is

 

 

HB4235- 313 -LRB101 15666 AWJ 65707 b

1guilty of a Class 4 felony if the collision, accident, or other
2casualty does not result in the death of any person. Any person
3failing to comply with this subsection A-1 when the collision,
4accident, or other casualty results in the death of any person
5is guilty of a Class 2 felony, for which the person, if
6sentenced to a term of imprisonment, shall be sentenced to a
7term of not less than 3 years and not more than 14 years.
8    B. In the case of collision, accident, or other casualty
9involving a vessel, the operator, if the collision, accident,
10or other casualty results in death or injury to a person or
11damage to property in excess of $2000, or there is a complete
12loss of the vessel, shall file with the Department a full
13description of the collision, accident, or other casualty,
14including information as the Department may by regulation
15require. Reports of the accidents must be filed with the
16Department on a Department Accident Report form within 5 days.
17    C. Reports of accidents resulting in personal injury, where
18a person sustains an injury requiring medical attention beyond
19first aid, must be filed with the Department on a Department
20Accident Report form within 5 days. Accidents that result in
21loss of life shall be reported to the Department on a
22Department form within 48 hours.
23    D. All required accident reports and supplemental reports
24are without prejudice to the individual reporting, and are for
25the confidential use of the Department, except that the
26Department may disclose the identity of a person involved in an

 

 

HB4235- 314 -LRB101 15666 AWJ 65707 b

1accident when the identity is not otherwise known or when the
2person denies his presence at the accident. No report to the
3Department may be used as evidence in any trial, civil or
4criminal, arising out of an accident, except that the
5Department must furnish upon demand of any person who has or
6claims to have made a report or upon demand of any court a
7certificate showing that a specified accident report has or has
8not been made to the Department solely to prove a compliance or
9a failure to comply with the requirements that a report be made
10to the Department.
11    E. (1) Every coroner or medical examiner shall on or before
12    the 10th day of each month report in writing to the
13    Department the circumstances surrounding the death of any
14    person that has occurred as the result of a boating
15    accident within the examiner's jurisdiction during the
16    preceding calendar month.
17        (2) Within 6 hours after a death resulting from a
18    boating accident, but in any case not more than 12 hours
19    after the occurrence of the boating accident, a blood
20    specimen of at least 10 cc shall be withdrawn from the body
21    of the decedent by the coroner or medical examiner or by a
22    qualified person at the direction of the physician. All
23    morticians shall obtain a release from the coroner or
24    medical examiner prior to proceeding with embalming any
25    body coming under the scope of this Section. The blood so
26    drawn shall be forwarded to a laboratory approved by the

 

 

HB4235- 315 -LRB101 15666 AWJ 65707 b

1    Department of State Police for analysis of the alcoholic
2    content of the blood specimen. The coroner or medical
3    examiner causing the blood to be withdrawn shall be
4    notified of the results of each analysis made and shall
5    forward the results of each analysis to the Department. The
6    Department shall keep a record of all examinations to be
7    used for statistical purposes only. The cumulative results
8    of the examinations, without identifying the individuals
9    involved, shall be disseminated and made public by the
10    Department.
11(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
 
12    Section 230. The Attorney Act is amended by changing
13Section 10 as follows:
 
14    (705 ILCS 205/10)  (from Ch. 13, par. 10)
15    Sec. 10. No medical examiner coroner, sheriff or deputy
16sheriff shall be permitted to practice as an attorney or
17counselor at law in the county in which he is commissioned or
18appointed, nor shall any clerk or deputy clerk of a court be
19permitted to practice as an attorney or counselor at law in the
20court in which he is such clerk or deputy clerk, and no person
21shall be permitted or suffered to enter his name on the roll or
22record, to be kept as aforesaid, by the clerk of the Supreme
23Court, or do any official act appertaining to the office of an
24attorney or counselor at law, until he has taken the oath

 

 

HB4235- 316 -LRB101 15666 AWJ 65707 b

1hereinbefore required; and the person administering such oath
2shall certify the same on the license, which certificate shall
3be a sufficient voucher to the clerk of the Supreme Court to
4enter or insert, or permit to be entered or inserted, on the
5roll of attorneys or counselors at law, the name of the person
6of whom such certificate is made.
7(Source: Laws 1967, p. 3675.)
 
8    Section 235. The Jury Act is amended by changing Section 20
9as follows:
 
10    (705 ILCS 305/20)  (from Ch. 78, par. 20)
11    Sec. 20. (a) It shall be the duty of the clerk of the court
12at the commencement of each week at which any cause is to be
13tried by a jury to write the name of each petit juror summoned
14and retained for that week on a separate ticket, and put the
15whole into a box or other place for safekeeping; and as often
16as it shall be necessary to impanel a jury, the clerk, sheriff
17or medical examiner coroner shall, in the presence of the
18court, draw by chance 12 names (or 14 where alternate jurors
19are required) out of such box or other place, which shall
20designate the persons to be sworn on the jury, and in the same
21manner for the second jury, in their turn, as the court may
22order and direct. The attorney for any party litigant in any
23cause assigned to jury trial shall have the right to be present
24in person at the time and place when the random selection of

 

 

HB4235- 317 -LRB101 15666 AWJ 65707 b

1jurors for trial of said cause is drawn by lot to be assigned
2to the trial judge for voir dire examination; a party litigant
3whose attorney is present at the selection process waives any
4objection to the selection procedure unless the same is
5asserted prior to the time any prospective juror is called for
6voir dire examination.
7    (b) Notwithstanding the provisions of subsection (a),
8names of jurors may be randomly drawn by computer.
9(Source: P.A. 86-1053.)
 
10    Section 240. The Jury Commission Act is amended by changing
11Section 8 as follows:
 
12    (705 ILCS 310/8)  (from Ch. 78, par. 31)
13    Sec. 8. In such manner as may be prescribed by rules to be
14adopted by majority vote of the said judges, the jury
15administrator or the jury commissioners shall also:
16    (a) From time to time prepare a secondary list to be known
17as the active jury list, containing such number of names taken
18from the general jury list as shall be appointed by the said
19rules, and in addition thereto, such other lists, to be known
20as period jury lists, as the said rules may require. Such
21period jury lists, if provided for, shall contain the names of
22prospective jurors who shall have indicated, either before or
23after being summoned for jury duty, at what time of the year
24they could most conveniently serve. The active jury list and,

 

 

HB4235- 318 -LRB101 15666 AWJ 65707 b

1except as to the names of persons certified back by the clerk
2of the court as provided in Section 10 of this act, the period
3jury lists, shall be prepared by selecting every twentieth
4name, or other whole number rate necessary to obtain the number
5required, or, in counties having a population greater than
61,000,000, in a manner prescribed by the judge in charge of
7jury selection, from the general jury list;
8    (b) Make the active jury list and, except as to the names
9of persons certified back by the clerk of the court as provided
10in Section 10 of this Act, the period jury lists, available for
11the clerks of the circuit court to draw therefrom by lot, as
12hereinafter required, providing for the purpose such devices or
13mechanisms as the said rules shall prescribe;
14    (c) See that at least 2 jury commissioners, one jury
15commissioner and a judge of the circuit court of the county, or
16a jury administrator shall be present at any such drawing,
17along with the clerk of the said jury commissioners, if there
18be one, except that if the names are to be drawn by computer no
19jury commissioner need be present at any drawing by computer;
20    (d) Provide for the manner of selection of jurors to be
21provided to medical examiners coroners pursuant to Section
223-3013 of the Counties Code Section 10 of "An Act to revise the
23law in relation to coroners", approved July 1, 1874, as
24amended; provided that such manner of selection shall be, to
25the extent practicable, similar to the manner in which petit
26and grand jurors are selected; and

 

 

HB4235- 319 -LRB101 15666 AWJ 65707 b

1    (e) Perform such other duties in relation to the selection
2of electors for jury service and their appearance for such
3service as are prescribed by this act or may be prescribed by
4the said rules or procedures established by the chief judge of
5the circuit.
6(Source: P.A. 90-482, eff. 1-1-98.)
 
7    Section 245. The Juvenile Court Act of 1987 is amended by
8changing Sections 2-6, 2-15, 3-17, 4-14, and 5-525 as follows:
 
9    (705 ILCS 405/2-6)  (from Ch. 37, par. 802-6)
10    Sec. 2-6. Duty of officer. (1) A law enforcement officer
11who takes a minor into custody under Section 2-5 shall
12immediately make a reasonable attempt to notify the parent or
13other person legally responsible for the minor's care or the
14person with whom the minor resides that the minor has been
15taken into custody and where he or she is being held.
16    (a) A law enforcement officer who takes a minor into
17custody with a warrant shall without unnecessary delay take the
18minor to the nearest juvenile police officer designated for
19such purposes in the county of venue.
20    (b) A law enforcement officer who takes a minor into
21custody without a warrant shall place the minor in temporary
22protective custody and shall immediately notify the Department
23of Children and Family Services by contacting either the
24central register established under 7.7 of the Abused and

 

 

HB4235- 320 -LRB101 15666 AWJ 65707 b

1Neglected Child Reporting Act or the nearest Department of
2Children and Family Services office. If there is reasonable
3cause to suspect that a minor has died as a result of abuse or
4neglect, the law enforcement officer shall immediately report
5such suspected abuse or neglect to the appropriate medical
6examiner or coroner.
7(Source: P.A. 85-601.)
 
8    (705 ILCS 405/2-15)  (from Ch. 37, par. 802-15)
9    Sec. 2-15. Summons.
10    (1) When a petition is filed, the clerk of the court shall
11issue a summons with a copy of the petition attached. The
12summons shall be directed to the minor's legal guardian or
13custodian and to each person named as a respondent in the
14petition, except that summons need not be directed to a minor
15respondent under 8 years of age for whom the court appoints a
16guardian ad litem if the guardian ad litem appears on behalf of
17the minor in any proceeding under this Act.
18    (2) The summons must contain a statement that the minor or
19any of the respondents is entitled to have an attorney present
20at the hearing on the petition, and that the clerk of the court
21should be notified promptly if the minor or any other
22respondent desires to be represented by an attorney but is
23financially unable to employ counsel.
24    (3) The summons shall be issued under the seal of the
25court, attested in and signed with the name of the clerk of the

 

 

HB4235- 321 -LRB101 15666 AWJ 65707 b

1court, dated on the day it is issued, and shall require each
2respondent to appear and answer the petition on the date set
3for the adjudicatory hearing. The summons shall contain a
4notice that the parties will not be entitled to further written
5notices or publication notices of proceedings in this case,
6including the filing of an amended petition or a motion to
7terminate parental rights, except as required by Supreme Court
8Rule 11.
9    (4) The summons may be served by any county sheriff,
10medical examiner coroner or probation officer, even though the
11officer is the petitioner. The return of the summons with
12endorsement of service by the officer is sufficient proof
13thereof.
14    (5) Service of a summons and petition shall be made by: (a)
15leaving a copy thereof with the person summoned at least 3 days
16before the time stated therein for appearance; (b) leaving a
17copy at his or her usual place of abode with some person of the
18family or a person residing there, of the age of 10 years or
19upwards, and informing that person of the contents thereof,
20provided the officer or other person making service shall also
21send a copy of the summons in a sealed envelope with postage
22fully prepaid, addressed to the person summoned at his usual
23place of abode, at least 3 days before the time stated therein
24for appearance; or (c) leaving a copy thereof with the guardian
25or custodian of a minor, at least 3 days before the time stated
26therein for appearance. If the guardian or custodian is an

 

 

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1agency of the State of Illinois, proper service may be made by
2leaving a copy of the summons and petition with any
3administrative employee of such agency designated by such
4agency to accept service of summons and petitions. The
5certificate of the officer or affidavit of the person that he
6has sent the copy pursuant to this Section is sufficient proof
7of service.
8    (6) When a parent or other person, who has signed a written
9promise to appear and bring the minor to court or who has
10waived or acknowledged service, fails to appear with the minor
11on the date set by the court, a bench warrant may be issued for
12the parent or other person, the minor, or both.
13    (7) The appearance of the minor's legal guardian or
14custodian, or a person named as a respondent in a petition, in
15any proceeding under this Act shall constitute a waiver of
16service of summons and submission to the jurisdiction of the
17court, except that the filing of a motion authorized under
18Section 2-301 of the Code of Civil Procedure does not
19constitute an appearance under this subsection. A copy of the
20summons and petition shall be provided to the person at the
21time of his appearance.
22    (8) Notice to a parent who has appeared or been served with
23summons personally or by certified mail, and for whom an order
24of default has been entered on the petition for wardship and
25has not been set aside shall be provided in accordance with
26Supreme Court Rule 11. Notice to a parent who was served by

 

 

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1publication and for whom an order of default has been entered
2on the petition for wardship and has not been set aside shall
3be provided in accordance with this Section and Section 2-16.
4(Source: P.A. 101-146, eff. 1-1-20.)
 
5    (705 ILCS 405/3-17)  (from Ch. 37, par. 803-17)
6    Sec. 3-17. Summons. (1) When a petition is filed, the clerk
7of the court shall issue a summons with a copy of the petition
8attached. The summons shall be directed to the minor's legal
9guardian or custodian and to each person named as a respondent
10in the petition, except that summons need not be directed to a
11minor respondent under 8 years of age for whom the court
12appoints a guardian ad litem if the guardian ad litem appears
13on behalf of the minor in any proceeding under this Act.
14    (2) The summons must contain a statement that the minor or
15any of the respondents is entitled to have an attorney present
16at the hearing on the petition, and that the clerk of the court
17should be notified promptly if the minor or any other
18respondent desires to be represented by an attorney but is
19financially unable to employ counsel.
20    (3) The summons shall be issued under the seal of the
21court, attested to and signed with the name of the clerk of the
22court, dated on the day it is issued, and shall require each
23respondent to appear and answer the petition on the date set
24for the adjudicatory hearing.
25    (4) The summons may be served by any county sheriff,

 

 

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1medical examiner coroner or probation officer, even though the
2officer is the petitioner. The return of the summons with
3endorsement of service by the officer is sufficient proof
4thereof.
5    (5) Service of a summons and petition shall be made by: (a)
6leaving a copy thereof with the person summoned at least 3 days
7before the time stated therein for appearance; (b) leaving a
8copy at his usual place of abode with some person of the
9family, of the age of 10 years or upwards, and informing that
10person of the contents thereof, provided the officer or other
11person making service shall also send a copy of the summons in
12a sealed envelope with postage fully prepaid, addressed to the
13person summoned at his usual place of abode, at least 3 days
14before the time stated therein for appearance; or (c) leaving a
15copy thereof with the guardian or custodian of a minor, at
16least 3 days before the time stated therein for appearance. If
17the guardian or custodian is an agency of the State of
18Illinois, proper service may be made by leaving a copy of the
19summons and petition with any administrative employee of such
20agency designated by such agency to accept service of summons
21and petitions. The certificate of the officer or affidavit of
22the person that he has sent the copy pursuant to this Section
23is sufficient proof of service.
24    (6) When a parent or other person, who has signed a written
25promise to appear and bring the minor to court or who has
26waived or acknowledged service, fails to appear with the minor

 

 

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1on the date set by the court, a bench warrant may be issued for
2the parent or other person, the minor, or both.
3    (7) The appearance of the minor's legal guardian or
4custodian, or a person named as a respondent in a petition, in
5any proceeding under this Act shall constitute a waiver of
6service of summons and submission to the jurisdiction of the
7court. A copy of the summons and petition shall be provided to
8the person at the time of his appearance.
9(Source: P.A. 86-441.)
 
10    (705 ILCS 405/4-14)  (from Ch. 37, par. 804-14)
11    Sec. 4-14. Summons. (1) When a petition is filed, the clerk
12of the court shall issue a summons with a copy of the petition
13attached. The summons shall be directed to the minor's legal
14guardian or custodian and to each person named as a respondent
15in the petition, except that summons need not be directed to a
16minor respondent under 8 years of age for whom the court
17appoints a guardian ad litem if the guardian ad litem appears
18on behalf of the minor in any proceeding under this Act.
19    (2) The summons must contain a statement that the minor or
20any of the respondents is entitled to have an attorney present
21at the hearing on the petition, and that the clerk of the court
22should be notified promptly if the minor or any other
23respondent desires to be represented by an attorney but is
24financially unable to employ counsel.
25    (3) The summons shall be issued under the seal of the

 

 

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1court, attested to and signed with the name of the clerk of the
2court, dated on the day it is issued, and shall require each
3respondent to appear and answer the petition on the date set
4for the adjudicatory hearing.
5    (4) The summons may be served by any county sheriff,
6medical examiner coroner or probation officer, even though the
7officer is the petitioner. The return of the summons with
8endorsement of service by the officer is sufficient proof
9thereof.
10    (5) Service of a summons and petition shall be made by: (a)
11leaving a copy thereof with the person summoned at least 3 days
12before the time stated therein for appearance; (b) leaving a
13copy at his usual place of abode with some person of the
14family, of the age of 10 years or upwards, and informing that
15person of the contents thereof, provided that the officer or
16other person making service shall also send a copy of the
17summons in a sealed envelope with postage fully prepaid,
18addressed to the person summoned at his usual place of abode,
19at least 3 days before the time stated therein for appearance;
20or (c) leaving a copy thereof with the guardian or custodian of
21a minor, at least 3 days before the time stated therein for
22appearance. If the guardian or custodian is an agency of the
23State of Illinois, proper service may be made by leaving a copy
24of the summons and petition with any administrative employee of
25such agency designated by such agency to accept service of
26summons and petitions. The certificate of the officer or

 

 

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1affidavit of the person that he has sent the copy pursuant to
2this Section is sufficient proof of service.
3    (6) When a parent or other person, who has signed a written
4promise to appear and bring the minor to court or who has
5waived or acknowledged service, fails to appear with the minor
6on the date set by the court, a bench warrant may be issued for
7the parent or other person, the minor, or both.
8    (7) The appearance of the minor's legal guardian or
9custodian, or a person named as a respondent in a petition, in
10any proceeding under this Act shall constitute a waiver of
11service of summons and submission to the jurisdiction of the
12court. A copy of the summons and petition shall be provided to
13the person at the time of his appearance.
14(Source: P.A. 86-441.)
 
15    (705 ILCS 405/5-525)
16    Sec. 5-525. Service.
17    (1) Service by summons.
18        (a) Upon the commencement of a delinquency
19    prosecution, the clerk of the court shall issue a summons
20    with a copy of the petition attached. The summons shall be
21    directed to the minor's parent, guardian or legal custodian
22    and to each person named as a respondent in the petition,
23    except that summons need not be directed (i) to a minor
24    respondent under 8 years of age for whom the court appoints
25    a guardian ad litem if the guardian ad litem appears on

 

 

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1    behalf of the minor in any proceeding under this Act, or
2    (ii) to a parent who does not reside with the minor, does
3    not make regular child support payments to the minor, to
4    the minor's other parent, or to the minor's legal guardian
5    or custodian pursuant to a support order, and has not
6    communicated with the minor on a regular basis.
7        (b) The summons must contain a statement that the minor
8    is entitled to have an attorney present at the hearing on
9    the petition, and that the clerk of the court should be
10    notified promptly if the minor desires to be represented by
11    an attorney but is financially unable to employ counsel.
12        (c) The summons shall be issued under the seal of the
13    court, attested in and signed with the name of the clerk of
14    the court, dated on the day it is issued, and shall require
15    each respondent to appear and answer the petition on the
16    date set for the adjudicatory hearing.
17        (d) The summons may be served by any law enforcement
18    officer, medical examiner coroner or probation officer,
19    even though the officer is the petitioner. The return of
20    the summons with endorsement of service by the officer is
21    sufficient proof of service.
22        (e) Service of a summons and petition shall be made by:
23    (i) leaving a copy of the summons and petition with the
24    person summoned at least 3 days before the time stated in
25    the summons for appearance; (ii) leaving a copy at his or
26    her usual place of abode with some person of the family, of

 

 

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1    the age of 10 years or upwards, and informing that person
2    of the contents of the summons and petition, provided, the
3    officer or other person making service shall also send a
4    copy of the summons in a sealed envelope with postage fully
5    prepaid, addressed to the person summoned at his or her
6    usual place of abode, at least 3 days before the time
7    stated in the summons for appearance; or (iii) leaving a
8    copy of the summons and petition with the guardian or
9    custodian of a minor, at least 3 days before the time
10    stated in the summons for appearance. If the guardian or
11    legal custodian is an agency of the State of Illinois,
12    proper service may be made by leaving a copy of the summons
13    and petition with any administrative employee of the agency
14    designated by the agency to accept the service of summons
15    and petitions. The certificate of the officer or affidavit
16    of the person that he or she has sent the copy pursuant to
17    this Section is sufficient proof of service.
18        (f) When a parent or other person, who has signed a
19    written promise to appear and bring the minor to court or
20    who has waived or acknowledged service, fails to appear
21    with the minor on the date set by the court, a bench
22    warrant may be issued for the parent or other person, the
23    minor, or both.
24    (2) Service by certified mail or publication.
25        (a) If service on individuals as provided in subsection
26    (1) is not made on any respondent within a reasonable time

 

 

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1    or if it appears that any respondent resides outside the
2    State, service may be made by certified mail. In that case
3    the clerk shall mail the summons and a copy of the petition
4    to that respondent by certified mail marked for delivery to
5    addressee only. The court shall not proceed with the
6    adjudicatory hearing until 5 days after the mailing. The
7    regular return receipt for certified mail is sufficient
8    proof of service.
9        (b) If service upon individuals as provided in
10    subsection (1) is not made on any respondents within a
11    reasonable time or if any person is made a respondent under
12    the designation of "All Whom It May Concern", or if service
13    cannot be made because the whereabouts of a respondent are
14    unknown, service may be made by publication. The clerk of
15    the court as soon as possible shall cause publication to be
16    made once in a newspaper of general circulation in the
17    county where the action is pending. Service by publication
18    is not required in any case when the person alleged to have
19    legal custody of the minor has been served with summons
20    personally or by certified mail, but the court may not
21    enter any order or judgment against any person who cannot
22    be served with process other than by publication unless
23    service by publication is given or unless that person
24    appears. Failure to provide service by publication to a
25    non-custodial parent whose whereabouts are unknown shall
26    not deprive the court of jurisdiction to proceed with a

 

 

HB4235- 331 -LRB101 15666 AWJ 65707 b

1    trial or a plea of delinquency by the minor. When a minor
2    has been detained or sheltered under Section 5-501 of this
3    Act and summons has not been served personally or by
4    certified mail within 20 days from the date of the order of
5    court directing such detention or shelter care, the clerk
6    of the court shall cause publication. Service by
7    publication shall be substantially as follows:
8            "A, B, C, D, (here giving the names of the named
9        respondents, if any) and to All Whom It May Concern (if
10        there is any respondent under that designation):
11            Take notice that on (insert date) a petition was
12        filed under the Juvenile Court Act of 1987 by .... in
13        the circuit court of .... county entitled 'In the
14        interest of ...., a minor', and that in .... courtroom
15        at .... on (insert date) at the hour of ...., or as
16        soon thereafter as this cause may be heard, an
17        adjudicatory hearing will be held upon the petition to
18        have the child declared to be a ward of the court under
19        that Act. The court has authority in this proceeding to
20        take from you the custody and guardianship of the
21        minor.
22            Now, unless you appear at the hearing and show
23        cause against the petition, the allegations of the
24        petition may stand admitted as against you and each of
25        you, and an order or judgment entered.
26            ........................................

 

 

HB4235- 332 -LRB101 15666 AWJ 65707 b

1            Clerk
2            Dated (insert the date of publication)"
3        (c) The clerk shall also at the time of the publication
4    of the notice send a copy of the notice by mail to each of
5    the respondents on account of whom publication is made at
6    his or her last known address. The certificate of the clerk
7    that he or she has mailed the notice is evidence of that
8    mailing. No other publication notice is required. Every
9    respondent notified by publication under this Section must
10    appear and answer in open court at the hearing. The court
11    may not proceed with the adjudicatory hearing until 10 days
12    after service by publication on any custodial parent,
13    guardian or legal custodian of a minor alleged to be
14    delinquent.
15        (d) If it becomes necessary to change the date set for
16    the hearing in order to comply with this Section, notice of
17    the resetting of the date must be given, by certified mail
18    or other reasonable means, to each respondent who has been
19    served with summons personally or by certified mail.
20        (3) Once jurisdiction has been established over a
21    party, further service is not required and notice of any
22    subsequent proceedings in that prosecution shall be made in
23    accordance with provisions of Section 5-530.
24        (4) The appearance of the minor's parent, guardian or
25    legal custodian, or a person named as a respondent in a
26    petition, in any proceeding under this Act shall constitute

 

 

HB4235- 333 -LRB101 15666 AWJ 65707 b

1    a waiver of service and submission to the jurisdiction of
2    the court. A copy of the petition shall be provided to the
3    person at the time of his or her appearance.
4(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
 
5    Section 250. The Criminal Code of 2012 is amended by
6changing Sections 9-3.5, 12-20.5, 12-20.6, 31-4, and 33-3.2 as
7follows:
 
8    (720 ILCS 5/9-3.5)
9    Sec. 9-3.5. Concealment of death.
10    (a) For purposes of this Section, "conceal" means the
11performing of some act or acts for the purpose of preventing or
12delaying the discovery of a death. "Conceal" means something
13more than simply withholding knowledge or failing to disclose
14information.
15    (b) A person commits the offense of concealment of death
16when he or she knowingly conceals the death of any other person
17who died by other than homicidal means.
18    (c) A person commits the offense of concealment of death
19when he or she knowingly moves the body of a dead person from
20its place of death, with the intent of concealing information
21regarding the place or manner of death of that person, or the
22identity of any person with information regarding the death of
23that person. This subsection shall not apply to any movement of
24the body of a dead person by medical personnel, fire fighters,

 

 

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1law enforcement officers, coroners, medical examiners, or
2licensed funeral directors, or by any person acting at the
3direction of medical personnel, fire fighters, law enforcement
4officers, coroners, medical examiners, or licensed funeral
5directors.
6    (d) Sentence. Concealment of death is a Class 4 felony.
7(Source: P.A. 96-1361, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
8    (720 ILCS 5/12-20.5)
9    Sec. 12-20.5. Dismembering a human body.
10    (a) A person commits dismembering a human body when he or
11she knowingly dismembers, severs, separates, dissects, or
12mutilates any body part of a deceased's body.
13    (b) This Section does not apply to:
14        (1) an anatomical gift made in accordance with the
15    Illinois Anatomical Gift Act;
16        (2) (blank);
17        (3) the purchase or sale of drugs, reagents, or other
18    substances made from human body parts, for the use in
19    medical or scientific research, treatment, or diagnosis;
20        (4) persons employed by a county medical examiner's
21    office or coroner's office acting within the scope of their
22    employment while performing an autopsy;
23        (5) the acts of a licensed funeral director or embalmer
24    while performing acts authorized by the Funeral Directors
25    and Embalmers Licensing Code;

 

 

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1        (6) the acts of emergency medical personnel or
2    physicians performed in good faith and according to the
3    usual and customary standards of medical practice in an
4    attempt to resuscitate a life; or
5        (7) physicians licensed to practice medicine in all of
6    its branches or holding a visiting professor, physician, or
7    resident permit under the Medical Practice Act of 1987,
8    performing acts in accordance with usual and customary
9    standards of medical practice, or a currently enrolled
10    student in an accredited medical school in furtherance of
11    his or her education at the accredited medical school.
12    (c) It is not a defense to a violation of this Section that
13the decedent died due to natural, accidental, or suicidal
14causes.
15    (d) Sentence. Dismembering a human body is a Class X
16felony.
17(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
 
18    (720 ILCS 5/12-20.6)
19    Sec. 12-20.6. Abuse of a corpse.
20    (a) In this Section:
21    "Corpse" means the dead body of a human being.
22    "Sexual conduct" has the meaning ascribed to the term in
23Section 11-0.1 of this Code.
24    (b) A person commits abuse of a corpse if he or she
25intentionally:

 

 

HB4235- 336 -LRB101 15666 AWJ 65707 b

1        (1) engages in sexual conduct with a corpse or
2    involving a corpse; or
3        (2) removes or carries away a corpse and is not
4    authorized by law to do so.
5    (c) Sentence.
6        (1) A person convicted of violating paragraph (1) of
7    subsection (b) of this Section is guilty of a Class 2
8    felony.
9        (2) A person convicted of violating paragraph (2) of
10    subsection (b) of this Section is guilty of a Class 4
11    felony.
12    (d) Paragraph (2) of subsection (b) of this Section does
13not apply to:
14        (1) persons employed by a county medical examiner's
15    office or coroner's office acting within the scope of their
16    employment;
17        (2) the acts of a licensed funeral director or embalmer
18    while performing acts authorized by the Funeral Directors
19    and Embalmers Licensing Code;
20        (3) cemeteries and cemetery personnel while performing
21    acts pursuant to a bona fide request from the involved
22    cemetery consumer or his or her heirs, or pursuant to an
23    interment or disinterment permit or a court order, or as
24    authorized under Section 14.5 of the Cemetery Protection
25    Act, or any other actions legally authorized for cemetery
26    employees;

 

 

HB4235- 337 -LRB101 15666 AWJ 65707 b

1        (4) the acts of emergency medical personnel or
2    physicians performed in good faith and according to the
3    usual and customary standards of medical practice in an
4    attempt to resuscitate a life;
5        (5) physicians licensed to practice medicine in all of
6    its branches or holding a visiting professor, physician, or
7    resident permit under the Medical Practice Act of 1987,
8    performing acts in accordance with usual and customary
9    standards of medical practice, or a currently enrolled
10    student in an accredited medical school in furtherance of
11    his or her education at the accredited medical school; or
12        (6) removing or carrying away a corpse by the
13    employees, independent contractors, or other persons
14    designated by the federally designated organ procurement
15    agency engaged in the organ and tissue procurement process.
16(Source: P.A. 97-1072, eff. 8-24-12.)
 
17    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)
18    Sec. 31-4. Obstructing justice.
19    (a) A person obstructs justice when, with intent to prevent
20the apprehension or obstruct the prosecution or defense of any
21person, he or she knowingly commits any of the following acts:
22        (1) Destroys, alters, conceals or disguises physical
23    evidence, plants false evidence, furnishes false
24    information; or
25        (2) Induces a witness having knowledge material to the

 

 

HB4235- 338 -LRB101 15666 AWJ 65707 b

1    subject at issue to leave the State or conceal himself or
2    herself; or
3        (3) Possessing knowledge material to the subject at
4    issue, he or she leaves the State or conceals himself; or
5        (4) If a parent, legal guardian, or caretaker of a
6    child under 13 years of age reports materially false
7    information to a law enforcement agency, medical examiner,
8    coroner, State's Attorney, or other governmental agency
9    during an investigation of the disappearance or death of a
10    child under circumstances described in subsection (a) or
11    (b) of Section 10-10 of this Code.
12    (b) Sentence.
13        (1) Obstructing justice is a Class 4 felony, except as
14    provided in paragraph (2) of this subsection (b).
15        (2) Obstructing justice in furtherance of streetgang
16    related or gang-related activity, as defined in Section 10
17    of the Illinois Streetgang Terrorism Omnibus Prevention
18    Act, is a Class 3 felony.
19(Source: P.A. 97-1079, eff. 1-1-13.)
 
20    (720 ILCS 5/33-3.2)
21    Sec. 33-3.2. Solicitation misconduct (local government).
22    (a) An employee of a chief executive officer of a local
23government commits solicitation misconduct (local government)
24when, at any time, he or she knowingly solicits or receives
25contributions, as that term is defined in Section 9-1.4 of the

 

 

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1Election Code, from a person engaged in a business or activity
2over which the person has regulatory authority.
3    (b) For the purpose of this Section, "chief executive
4officer of a local government" means an executive officer of a
5county, township or municipal government or any administrative
6subdivision under jurisdiction of the county, township, or
7municipal government including but not limited to: chairman or
8president of a county board or commission, mayor or village
9president, township supervisor, county executive, municipal
10manager, assessor, auditor, clerk, medical examiner coroner,
11recorder, sheriff or State's Attorney; "employee of a chief
12executive officer of a local government" means a full-time or
13part-time salaried employee, full-time or part-time salaried
14appointee, or any contractual employee of any office, board,
15commission, agency, department, authority, administrative
16unit, or corporate outgrowth under the jurisdiction of a chief
17executive officer of a local government; and "regulatory
18authority" means having the responsibility to investigate,
19inspect, license, or enforce regulatory measures necessary to
20the requirements of any State, local, or federal statute or
21regulation relating to the business or activity.
22    (c) An employee of a chief executive officer of a local
23government, including one who does not have regulatory
24authority, commits a violation of this Section if that employee
25knowingly acts in concert with an employee of a chief executive
26officer of a local government who does have regulatory

 

 

HB4235- 340 -LRB101 15666 AWJ 65707 b

1authority to solicit or receive contributions in violation of
2this Section.
3    (d) Solicitation misconduct (local government) is a Class A
4misdemeanor. An employee of a chief executive officer of a
5local government convicted of committing solicitation
6misconduct (local government) forfeits his or her employment.
7    (e) An employee of a chief executive officer of a local
8government who is discharged, demoted, suspended, threatened,
9harassed, or in any other manner discriminated against in the
10terms and conditions of employment because of lawful acts done
11by the employee or on behalf of the employee or others in
12furtherance of the enforcement of this Section shall be
13entitled to all relief necessary to make the employee whole.
14    (f) Any person who knowingly makes a false report of
15solicitation misconduct (local government) to the State
16Police, the Attorney General, a State's Attorney, or any law
17enforcement official is guilty of a Class C misdemeanor.
18(Source: P.A. 92-853, eff. 8-28-02.)
 
19    Section 255. The Code of Criminal Procedure of 1963 is
20amended by changing Sections 107-15, 107-16, 115-5.1, 115-17,
21and 119-5 as follows:
 
22    (725 ILCS 5/107-15)
23    Sec. 107-15. Fresh pursuit. When the fact that a felony has
24been committed comes to the knowledge of a sheriff or medical

 

 

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1examiner coroner, fresh pursuit shall be forthwith made after
2every person guilty of the felony, by the sheriff, medical
3examiner coroner, and all other persons who is by any one of
4them commanded or summoned for that purpose; every such officer
5who does not do his or her duty in the premises is guilty of a
6Class B misdemeanor.
7(Source: P.A. 89-234, eff. 1-1-96.)
 
8    (725 ILCS 5/107-16)
9    Sec. 107-16. Apprehension of offender. It is the duty of
10every sheriff, medical examiner coroner, and every marshal,
11policeman, or other officer of an incorporated city, town, or
12village, having the power of a sheriff, when a criminal offense
13or breach of the peace is committed or attempted in his or her
14presence, forthwith to apprehend the offender and bring him or
15her before a judge, to be dealt with according to law; to
16suppress all riots and unlawful assemblies, and to keep the
17peace, and without delay to serve and execute all warrants and
18other process to him or her lawfully directed.
19(Source: P.A. 89-234, eff. 1-1-96.)
 
20    (725 ILCS 5/115-5.1)  (from Ch. 38, par. 115-5.1)
21    Sec. 115-5.1. In any civil or criminal action the records
22of the medical examiner's coroner's medical or laboratory
23examiner summarizing and detailing the performance of his or
24her official duties in performing medical examinations upon

 

 

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1deceased persons or autopsies, or both, and kept in the
2ordinary course of business of the medical examiner's coroner's
3office, duly certified by the county coroner or chief
4supervisory coroner's pathologist or medical examiner, or his
5or her designee, shall be received as competent evidence in any
6court of this State, to the extent permitted by this Section.
7These reports, specifically including but not limited to the
8pathologist's protocol, autopsy reports and toxicological
9reports, shall be public documents and thereby may be
10admissible as prima facie evidence of the facts, findings,
11opinions, diagnoses and conditions stated therein.
12    A duly certified medical examiner's coroner's protocol or
13autopsy report, or both, complying with the requirements of
14this Section may be duly admitted into evidence as an exception
15to the hearsay rule as prima facie proof of the cause of death
16of the person to whom it relates. The records referred to in
17this Section shall be limited to the records of the results of
18post-mortem examinations of the findings of autopsy and
19toxicological laboratory examinations.
20    Persons who prepare reports or records offered in evidence
21hereunder may be subpoenaed as witnesses in civil or criminal
22cases upon the request of either party to the cause. However,
23if such person is dead, the county medical examiner coroner or
24a duly authorized official of the medical examiner's coroner's
25office may testify to the fact that the examining pathologist,
26toxicologist or other medical or laboratory examiner is

 

 

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1deceased and that the offered report or record was prepared by
2such deceased person. The witness must further attest that the
3medical report or record was prepared in the ordinary and usual
4course of the deceased person's duty or employment in
5conformity with the provisions of this Section.
6(Source: P.A. 82-783.)
 
7    (725 ILCS 5/115-17)
8    Sec. 115-17. Clerk; issuance of subpoenas. It is the duty
9of the clerk of the court to issue subpoenas, either on the
10part of the people or of the accused, directed to the sheriff
11or medical examiner coroner of any county of this State. An
12attorney admitted to practice in the State of Illinois, as an
13officer of the court, may also issue subpoenas in a pending
14action. A witness who is duly subpoenaed who neglects or
15refuses to attend any court, under the requisitions of the
16subpoena, shall be proceeded against and punished for contempt
17of the court. Attachments against witnesses who live in a
18different county from that where the subpoena is returnable may
19be served in the same manner as warrants are directed to be
20served out of the county from which they issue.
21(Source: P.A. 96-485, eff. 1-1-10.)
 
22    (725 ILCS 5/119-5)  (from Ch. 38, par. 119-5)
23    Sec. 119-5. Execution of Death Sentence.
24    (a)(1) A defendant sentenced to death shall be executed by

 

 

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1    an intravenous administration of a lethal quantity of an
2    ultrashort-acting barbiturate in combination with a
3    chemical paralytic agent and potassium chloride or other
4    equally effective substances sufficient to cause death
5    until death is pronounced by a medical examiner coroner who
6    is not a licensed physician.
7        (2) If the execution of the sentence of death as
8    provided in paragraph (1) is held illegal or
9    unconstitutional by a reviewing court of competent
10    jurisdiction, the sentence of death shall be carried out by
11    electrocution.
12    (b) In pronouncing the sentence of death the court shall
13set the date of the execution which shall be not less than 60
14nor more than 90 days from the date sentence is pronounced.
15    (c) A sentence of death shall be executed at a Department
16of Corrections facility.
17    (d) The warden of the penitentiary shall supervise such
18execution, which shall be conducted in the presence of 6
19witnesses who shall certify the execution of the sentence. The
20certification shall be filed with the clerk of the court that
21imposed the sentence.
22    (d-5) The Department of Corrections shall not request,
23require, or allow a health care practitioner licensed in
24Illinois, including but not limited to physicians and nurses,
25regardless of employment, to participate in an execution.
26    (e) Except as otherwise provided in this subsection (e),

 

 

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1the identity of executioners and other persons who participate
2or perform ancillary functions in an execution and information
3contained in records that would identify those persons shall
4remain confidential, shall not be subject to disclosure, and
5shall not be admissible as evidence or be discoverable in any
6action of any kind in any court or before any tribunal, board,
7agency, or person. In order to protect the confidentiality of
8persons participating in an execution, the Director of
9Corrections may direct that the Department make payments in
10cash for such services. In confidential investigations by the
11Department of Professional Regulation, the Department of
12Corrections shall disclose the names and license numbers of
13health care practitioners participating or performing
14ancillary functions in an execution to the Department of
15Professional Regulation and the Department of Professional
16Regulation shall forward those names and license numbers to the
17appropriate disciplinary boards.
18    (f) The amendatory changes to this Section made by this
19amendatory Act of 1991 are severable under Section 1.31 of the
20Statute on Statutes.
21    (g) (Blank).
22    (h) Notwithstanding any other provision of law, any
23pharmaceutical supplier is authorized to dispense drugs to the
24Director of Corrections or his or her designee, without
25prescription, in order to carry out the provisions of this
26Section.

 

 

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1    (i) The amendatory changes to this Section made by this
2amendatory Act of the 93rd General Assembly are severable under
3Section 1.31 of the Statute on Statutes.
4(Source: P.A. 93-379, eff. 7-24-03.)
 
5    Section 260. The County Jail Act is amended by changing
6Section 8 as follows:
 
7    (730 ILCS 125/8)  (from Ch. 75, par. 108)
8    Sec. 8. The Sheriff may be imprisoned in the jail of his
9county, and for the time he is so imprisoned, the medical
10examiner coroner shall be warden of the jail, and perform all
11the duties of the sheriff in regard thereto, and shall, by
12himself and his sureties, be answerable for the faithful
13discharge of his duties as such warden.
14(Source: P.A. 83-1073.)
 
15    Section 265. The Department of Juvenile Justice Mortality
16Review Team Act is amended by changing Sections 20 and 35 as
17follows:
 
18    (730 ILCS 195/20)
19    Sec. 20. Reviews of youth deaths.
20    (a) A mortality review team shall review every death of a
21youth that occurs within a facility of the Department or as the
22result of an act or incident occurring within a facility of the

 

 

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1Department, including deaths resulting from suspected illness,
2injury, or self-harm or from an unknown cause.
3    (b) If the medical examiner coroner of the county in which
4a youth died determines that the youth's death was the direct
5or proximate result of alleged or suspected criminal activity,
6the mortality review team's investigation shall be in addition
7to any criminal investigation of the death but shall be limited
8to a review of systems and practices of the Department. In the
9course of conducting its review, the team shall obtain
10assurance from law enforcement officials that acts taken in
11furtherance of the review will not impair any criminal
12investigation or prosecution.
13    (c) A mortality review team's purpose in conducting a
14review of a youth death is to do the following:
15        (1) Assist in determining the cause and manner of the
16    youth's death, if requested.
17        (2) Evaluate any means by which the death might have
18    been prevented, including, but not limited to, the
19    evaluation of the Department's systems for the following:
20            (A) Training.
21            (B) Assessment and referral for services.
22            (C) Communication.
23            (D) Housing.
24            (E) Supervision of youth.
25            (F) Intervention in critical incidents.
26            (G) Reporting.

 

 

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1            (H) Follow-up and mortality review following
2        critical incidents or youth deaths.
3        (3) Recommend continuing education and training for
4    Department staff.
5        (4) Make specific recommendations to the Director
6    concerning the prevention of deaths of youth in the
7    Department's custody.
8    (d) A mortality review team shall review a youth death as
9soon as practicable and not later than within 90 days after a
10law enforcement agency's completion of its investigation if the
11death is the result of alleged or suspected criminal activity.
12If there has been no investigation by a law enforcement agency,
13the mortality review team shall review a youth's death within
1490 days after obtaining the information necessary to complete
15the review from the coroner, pathologist, medical examiner, or
16law enforcement agency, depending on the nature of the case.
17The team shall meet as needed in person or via teleconference
18or video conference following appointment of the team members.
19When necessary and upon request of the team, the Director may
20extend the deadline for a review up to an additional 90 days.
21(Source: P.A. 96-1378, eff. 7-29-10.)
 
22    (730 ILCS 195/35)
23    Sec. 35. Team access to information.
24    (a) The Department shall provide to a mortality review
25team, on the request of the team's chairperson, all records and

 

 

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1information in the Department's possession that are relevant to
2the team's review of a youth death.
3    (b) The mortality review team shall have access to all
4records and information that are relevant to its review of a
5youth death and in the possession of a State or local
6governmental agency, including, without limitation, birth
7certificates, all relevant medical and mental health records,
8records of law enforcement agency investigations, records of
9coroner or medical examiner investigations, records of a
10probation and court services department regarding the youth,
11and records of a social services agency that provided services
12to the youth or the youth's family.
13    (c) Each appointed member of a mortality review team shall
14sign an acknowledgement upon appointment and before
15participating in meetings or review of records acknowledging
16the confidentiality of information obtained in the course of
17the team's review and containing the member's agreement not to
18reproduce or distribute confidential information obtained in
19the course of the review.
20(Source: P.A. 96-1378, eff. 7-29-10.)
 
21    Section 270. The Unified Code of Corrections is amended by
22changing Sections 3-2-2, 3-9-6, and 3-13-4 as follows:
 
23    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
24    Sec. 3-2-2. Powers and duties of the Department.

 

 

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1    (1) In addition to the powers, duties, and responsibilities
2which are otherwise provided by law, the Department shall have
3the following powers:
4        (a) To accept persons committed to it by the courts of
5    this State for care, custody, treatment and
6    rehabilitation, and to accept federal prisoners and aliens
7    over whom the Office of the Federal Detention Trustee is
8    authorized to exercise the federal detention function for
9    limited purposes and periods of time.
10        (b) To develop and maintain reception and evaluation
11    units for purposes of analyzing the custody and
12    rehabilitation needs of persons committed to it and to
13    assign such persons to institutions and programs under its
14    control or transfer them to other appropriate agencies. In
15    consultation with the Department of Alcoholism and
16    Substance Abuse (now the Department of Human Services), the
17    Department of Corrections shall develop a master plan for
18    the screening and evaluation of persons committed to its
19    custody who have alcohol or drug abuse problems, and for
20    making appropriate treatment available to such persons;
21    the Department shall report to the General Assembly on such
22    plan not later than April 1, 1987. The maintenance and
23    implementation of such plan shall be contingent upon the
24    availability of funds.
25        (b-1) To create and implement, on January 1, 2002, a
26    pilot program to establish the effectiveness of

 

 

HB4235- 351 -LRB101 15666 AWJ 65707 b

1    pupillometer technology (the measurement of the pupil's
2    reaction to light) as an alternative to a urine test for
3    purposes of screening and evaluating persons committed to
4    its custody who have alcohol or drug problems. The pilot
5    program shall require the pupillometer technology to be
6    used in at least one Department of Corrections facility.
7    The Director may expand the pilot program to include an
8    additional facility or facilities as he or she deems
9    appropriate. A minimum of 4,000 tests shall be included in
10    the pilot program. The Department must report to the
11    General Assembly on the effectiveness of the program by
12    January 1, 2003.
13        (b-5) To develop, in consultation with the Department
14    of State Police, a program for tracking and evaluating each
15    inmate from commitment through release for recording his or
16    her gang affiliations, activities, or ranks.
17        (c) To maintain and administer all State correctional
18    institutions and facilities under its control and to
19    establish new ones as needed. Pursuant to its power to
20    establish new institutions and facilities, the Department
21    may, with the written approval of the Governor, authorize
22    the Department of Central Management Services to enter into
23    an agreement of the type described in subsection (d) of
24    Section 405-300 of the Department of Central Management
25    Services Law (20 ILCS 405/405-300). The Department shall
26    designate those institutions which shall constitute the

 

 

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1    State Penitentiary System.
2        Pursuant to its power to establish new institutions and
3    facilities, the Department may authorize the Department of
4    Central Management Services to accept bids from counties
5    and municipalities for the construction, remodeling or
6    conversion of a structure to be leased to the Department of
7    Corrections for the purposes of its serving as a
8    correctional institution or facility. Such construction,
9    remodeling or conversion may be financed with revenue bonds
10    issued pursuant to the Industrial Building Revenue Bond Act
11    by the municipality or county. The lease specified in a bid
12    shall be for a term of not less than the time needed to
13    retire any revenue bonds used to finance the project, but
14    not to exceed 40 years. The lease may grant to the State
15    the option to purchase the structure outright.
16        Upon receipt of the bids, the Department may certify
17    one or more of the bids and shall submit any such bids to
18    the General Assembly for approval. Upon approval of a bid
19    by a constitutional majority of both houses of the General
20    Assembly, pursuant to joint resolution, the Department of
21    Central Management Services may enter into an agreement
22    with the county or municipality pursuant to such bid.
23        (c-5) To build and maintain regional juvenile
24    detention centers and to charge a per diem to the counties
25    as established by the Department to defray the costs of
26    housing each minor in a center. In this subsection (c-5),

 

 

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1    "juvenile detention center" means a facility to house
2    minors during pendency of trial who have been transferred
3    from proceedings under the Juvenile Court Act of 1987 to
4    prosecutions under the criminal laws of this State in
5    accordance with Section 5-805 of the Juvenile Court Act of
6    1987, whether the transfer was by operation of law or
7    permissive under that Section. The Department shall
8    designate the counties to be served by each regional
9    juvenile detention center.
10        (d) To develop and maintain programs of control,
11    rehabilitation and employment of committed persons within
12    its institutions.
13        (d-5) To provide a pre-release job preparation program
14    for inmates at Illinois adult correctional centers.
15        (d-10) To provide educational and visitation
16    opportunities to committed persons within its institutions
17    through temporary access to content-controlled tablets
18    that may be provided as a privilege to committed persons to
19    induce or reward compliance.
20        (e) To establish a system of supervision and guidance
21    of committed persons in the community.
22        (f) To establish in cooperation with the Department of
23    Transportation to supply a sufficient number of prisoners
24    for use by the Department of Transportation to clean up the
25    trash and garbage along State, county, township, or
26    municipal highways as designated by the Department of

 

 

HB4235- 354 -LRB101 15666 AWJ 65707 b

1    Transportation. The Department of Corrections, at the
2    request of the Department of Transportation, shall furnish
3    such prisoners at least annually for a period to be agreed
4    upon between the Director of Corrections and the Secretary
5    of Transportation. The prisoners used on this program shall
6    be selected by the Director of Corrections on whatever
7    basis he deems proper in consideration of their term,
8    behavior and earned eligibility to participate in such
9    program - where they will be outside of the prison facility
10    but still in the custody of the Department of Corrections.
11    Prisoners convicted of first degree murder, or a Class X
12    felony, or armed violence, or aggravated kidnapping, or
13    criminal sexual assault, aggravated criminal sexual abuse
14    or a subsequent conviction for criminal sexual abuse, or
15    forcible detention, or arson, or a prisoner adjudged a
16    Habitual Criminal shall not be eligible for selection to
17    participate in such program. The prisoners shall remain as
18    prisoners in the custody of the Department of Corrections
19    and such Department shall furnish whatever security is
20    necessary. The Department of Transportation shall furnish
21    trucks and equipment for the highway cleanup program and
22    personnel to supervise and direct the program. Neither the
23    Department of Corrections nor the Department of
24    Transportation shall replace any regular employee with a
25    prisoner.
26        (g) To maintain records of persons committed to it and

 

 

HB4235- 355 -LRB101 15666 AWJ 65707 b

1    to establish programs of research, statistics and
2    planning.
3        (h) To investigate the grievances of any person
4    committed to the Department and to inquire into any alleged
5    misconduct by employees or committed persons; and for these
6    purposes it may issue subpoenas and compel the attendance
7    of witnesses and the production of writings and papers, and
8    may examine under oath any witnesses who may appear before
9    it; to also investigate alleged violations of a parolee's
10    or releasee's conditions of parole or release; and for this
11    purpose it may issue subpoenas and compel the attendance of
12    witnesses and the production of documents only if there is
13    reason to believe that such procedures would provide
14    evidence that such violations have occurred.
15        If any person fails to obey a subpoena issued under
16    this subsection, the Director may apply to any circuit
17    court to secure compliance with the subpoena. The failure
18    to comply with the order of the court issued in response
19    thereto shall be punishable as contempt of court.
20        (i) To appoint and remove the chief administrative
21    officers, and administer programs of training and
22    development of personnel of the Department. Personnel
23    assigned by the Department to be responsible for the
24    custody and control of committed persons or to investigate
25    the alleged misconduct of committed persons or employees or
26    alleged violations of a parolee's or releasee's conditions

 

 

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1    of parole shall be conservators of the peace for those
2    purposes, and shall have the full power of peace officers
3    outside of the facilities of the Department in the
4    protection, arrest, retaking and reconfining of committed
5    persons or where the exercise of such power is necessary to
6    the investigation of such misconduct or violations. This
7    subsection shall not apply to persons committed to the
8    Department of Juvenile Justice under the Juvenile Court Act
9    of 1987 on aftercare release.
10        (j) To cooperate with other departments and agencies
11    and with local communities for the development of standards
12    and programs for better correctional services in this
13    State.
14        (k) To administer all moneys and properties of the
15    Department.
16        (l) To report annually to the Governor on the committed
17    persons, institutions and programs of the Department.
18        (l-5) (Blank).
19        (m) To make all rules and regulations and exercise all
20    powers and duties vested by law in the Department.
21        (n) To establish rules and regulations for
22    administering a system of sentence credits, established in
23    accordance with Section 3-6-3, subject to review by the
24    Prisoner Review Board.
25        (o) To administer the distribution of funds from the
26    State Treasury to reimburse counties where State penal

 

 

HB4235- 357 -LRB101 15666 AWJ 65707 b

1    institutions are located for the payment of assistant
2    state's attorneys' salaries under Section 4-2001 of the
3    Counties Code.
4        (p) To exchange information with the Department of
5    Human Services and the Department of Healthcare and Family
6    Services for the purpose of verifying living arrangements
7    and for other purposes directly connected with the
8    administration of this Code and the Illinois Public Aid
9    Code.
10        (q) To establish a diversion program.
11        The program shall provide a structured environment for
12    selected technical parole or mandatory supervised release
13    violators and committed persons who have violated the rules
14    governing their conduct while in work release. This program
15    shall not apply to those persons who have committed a new
16    offense while serving on parole or mandatory supervised
17    release or while committed to work release.
18        Elements of the program shall include, but shall not be
19    limited to, the following:
20            (1) The staff of a diversion facility shall provide
21        supervision in accordance with required objectives set
22        by the facility.
23            (2) Participants shall be required to maintain
24        employment.
25            (3) Each participant shall pay for room and board
26        at the facility on a sliding-scale basis according to

 

 

HB4235- 358 -LRB101 15666 AWJ 65707 b

1        the participant's income.
2            (4) Each participant shall:
3                (A) provide restitution to victims in
4            accordance with any court order;
5                (B) provide financial support to his
6            dependents; and
7                (C) make appropriate payments toward any other
8            court-ordered obligations.
9            (5) Each participant shall complete community
10        service in addition to employment.
11            (6) Participants shall take part in such
12        counseling, educational and other programs as the
13        Department may deem appropriate.
14            (7) Participants shall submit to drug and alcohol
15        screening.
16            (8) The Department shall promulgate rules
17        governing the administration of the program.
18        (r) To enter into intergovernmental cooperation
19    agreements under which persons in the custody of the
20    Department may participate in a county impact
21    incarceration program established under Section 3-6038 or
22    3-15003.5 of the Counties Code.
23        (r-5) (Blank).
24        (r-10) To systematically and routinely identify with
25    respect to each streetgang active within the correctional
26    system: (1) each active gang; (2) every existing inter-gang

 

 

HB4235- 359 -LRB101 15666 AWJ 65707 b

1    affiliation or alliance; and (3) the current leaders in
2    each gang. The Department shall promptly segregate leaders
3    from inmates who belong to their gangs and allied gangs.
4    "Segregate" means no physical contact and, to the extent
5    possible under the conditions and space available at the
6    correctional facility, prohibition of visual and sound
7    communication. For the purposes of this paragraph (r-10),
8    "leaders" means persons who:
9            (i) are members of a criminal streetgang;
10            (ii) with respect to other individuals within the
11        streetgang, occupy a position of organizer,
12        supervisor, or other position of management or
13        leadership; and
14            (iii) are actively and personally engaged in
15        directing, ordering, authorizing, or requesting
16        commission of criminal acts by others, which are
17        punishable as a felony, in furtherance of streetgang
18        related activity both within and outside of the
19        Department of Corrections.
20    "Streetgang", "gang", and "streetgang related" have the
21    meanings ascribed to them in Section 10 of the Illinois
22    Streetgang Terrorism Omnibus Prevention Act.
23        (s) To operate a super-maximum security institution,
24    in order to manage and supervise inmates who are disruptive
25    or dangerous and provide for the safety and security of the
26    staff and the other inmates.

 

 

HB4235- 360 -LRB101 15666 AWJ 65707 b

1        (t) To monitor any unprivileged conversation or any
2    unprivileged communication, whether in person or by mail,
3    telephone, or other means, between an inmate who, before
4    commitment to the Department, was a member of an organized
5    gang and any other person without the need to show cause or
6    satisfy any other requirement of law before beginning the
7    monitoring, except as constitutionally required. The
8    monitoring may be by video, voice, or other method of
9    recording or by any other means. As used in this
10    subdivision (1)(t), "organized gang" has the meaning
11    ascribed to it in Section 10 of the Illinois Streetgang
12    Terrorism Omnibus Prevention Act.
13        As used in this subdivision (1)(t), "unprivileged
14    conversation" or "unprivileged communication" means a
15    conversation or communication that is not protected by any
16    privilege recognized by law or by decision, rule, or order
17    of the Illinois Supreme Court.
18        (u) To establish a Women's and Children's Pre-release
19    Community Supervision Program for the purpose of providing
20    housing and services to eligible female inmates, as
21    determined by the Department, and their newborn and young
22    children.
23        (u-5) To issue an order, whenever a person committed to
24    the Department absconds or absents himself or herself,
25    without authority to do so, from any facility or program to
26    which he or she is assigned. The order shall be certified

 

 

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1    by the Director, the Supervisor of the Apprehension Unit,
2    or any person duly designated by the Director, with the
3    seal of the Department affixed. The order shall be directed
4    to all sheriffs, medical examiners coroners, and police
5    officers, or to any particular person named in the order.
6    Any order issued pursuant to this subdivision (1) (u-5)
7    shall be sufficient warrant for the officer or person named
8    in the order to arrest and deliver the committed person to
9    the proper correctional officials and shall be executed the
10    same as criminal process.
11        (v) To do all other acts necessary to carry out the
12    provisions of this Chapter.
13    (2) The Department of Corrections shall by January 1, 1998,
14consider building and operating a correctional facility within
15100 miles of a county of over 2,000,000 inhabitants, especially
16a facility designed to house juvenile participants in the
17impact incarceration program.
18    (3) When the Department lets bids for contracts for medical
19services to be provided to persons committed to Department
20facilities by a health maintenance organization, medical
21service corporation, or other health care provider, the bid may
22only be let to a health care provider that has obtained an
23irrevocable letter of credit or performance bond issued by a
24company whose bonds have an investment grade or higher rating
25by a bond rating organization.
26    (4) When the Department lets bids for contracts for food or

 

 

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1commissary services to be provided to Department facilities,
2the bid may only be let to a food or commissary services
3provider that has obtained an irrevocable letter of credit or
4performance bond issued by a company whose bonds have an
5investment grade or higher rating by a bond rating
6organization.
7    (5) On and after the date 6 months after August 16, 2013
8(the effective date of Public Act 98-488), as provided in the
9Executive Order 1 (2012) Implementation Act, all of the powers,
10duties, rights, and responsibilities related to State
11healthcare purchasing under this Code that were transferred
12from the Department of Corrections to the Department of
13Healthcare and Family Services by Executive Order 3 (2005) are
14transferred back to the Department of Corrections; however,
15powers, duties, rights, and responsibilities related to State
16healthcare purchasing under this Code that were exercised by
17the Department of Corrections before the effective date of
18Executive Order 3 (2005) but that pertain to individuals
19resident in facilities operated by the Department of Juvenile
20Justice are transferred to the Department of Juvenile Justice.
21(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
22101-235, eff. 1-1-20.)
 
23    (730 ILCS 5/3-9-6)  (from Ch. 38, par. 1003-9-6)
24    Sec. 3-9-6. Unauthorized Absence. Whenever a person
25committed to the Department of Juvenile Justice absconds or

 

 

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1absents himself or herself without authority to do so, from any
2facility or program to which he or she is assigned, he or she
3may be held in custody for return to the proper correctional
4official by the authorities or whomsoever directed, when an
5order is certified by the Director of Juvenile Justice or a
6person duly designated by the Director, with the seal of the
7Department of Juvenile Justice attached. The person so
8designated by the Director of Juvenile Justice with such seal
9attached may be one or more persons and the appointment shall
10be made as a ministerial one with no recordation or notice
11necessary as to the designated appointees. The order shall be
12directed to all sheriffs, medical examiners coroners, police
13officers, keepers or custodians of jails or other detention
14facilities whether in or out of the State of Illinois, or to
15any particular person named in the order.
16(Source: P.A. 94-696, eff. 6-1-06.)
 
17    (730 ILCS 5/3-13-4)  (from Ch. 38, par. 1003-13-4)
18    Sec. 3-13-4. Rules and Sanctions.)
19    (a) The Department shall establish rules governing release
20status and shall provide written copies of such rules to both
21the committed person on work or day release and to the employer
22or other person responsible for the individual. Such employer
23or other responsible person shall agree to abide by such rules,
24notify the Department of any violation thereof by the
25individual on release status, and notify the Department of the

 

 

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1discharge of the person from work or other programs.
2    (b) If a committed person violates any rule, the Department
3may impose sanctions appropriate to the violation. The
4Department shall provide sanctions for unauthorized absences
5which shall include prosecution for escape under Section 3-6-4.
6    (c) An order certified by the Director, Assistant Director,
7or the Supervisor of the Apprehension Unit, or a person duly
8designated by him or her, with the seal of the Department of
9Corrections attached and directed to all sheriffs, medical
10examiners coroners, police officers, or to any particular
11persons named in the order shall be sufficient warrant for the
12officer or person named therein to arrest and deliver the
13violator to the proper correctional official. Such order shall
14be executed the same as criminal processes.
15    In the event that a work-releasee is arrested for another
16crime, the sheriff or police officer shall hold the releasee in
17custody until he notifies the nearest Office of Field Services
18or any of the above-named persons designated in this Section to
19certify the particular process or warrant.
20    (d) Not less than 15 days prior to any person being placed
21in a work release facility, the Department of Corrections shall
22provide to the State's Attorney and Sheriff of the county in
23which the work release center is located, relevant identifying
24information concerning the person to be placed in the work
25release facility. Such information shall include, but not be
26limited to, such identifying information as name, age, physical

 

 

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1description, photograph, the offense, and the sentence for
2which the person is serving time in the Department of
3Corrections, and like information. The Department of
4Corrections shall, in addition, give written notice not less
5than 15 days prior to the placement to the State's Attorney of
6the county from which the offender was originally sentenced.
7(Source: P.A. 97-1083, eff. 8-24-12.)
 
8    Section 275. The Department of Juvenile Justice Mortality
9Review Team Act is amended by changing Section 15 as follows:
 
10    (730 ILCS 195/15)
11    Sec. 15. Mortality review teams; establishment.
12    (a) Upon the occurrence of the death of any youth in the
13Department's custody, the Director shall appoint members and a
14chairperson to a mortality review team. The Director shall make
15the appointments within 30 days after the youth's death.
16    (b) Each mortality review team shall consist of at least
17one member from each of the following categories:
18        (1) Pediatrician or other physician.
19        (2) Representative of the Department.
20        (3) State's Attorney or State's Attorney
21    representative.
22        (4) Representative of a local law enforcement agency.
23        (5) Psychologist or psychiatrist.
24        (6) Representative of a local health department.

 

 

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1        (7) Designee of the Board of Education of the
2    Department of Juvenile Justice School District created
3    under Section 13-40 of the School Code.
4        (8) Medical examiner Coroner or forensic pathologist.
5        (9) Representative of a juvenile justice advocacy
6    organization.
7        (10) Representative of a local hospital, trauma
8    center, or provider of emergency medical services.
9        (11) Representative of the Department of State Police.
10        (12) Representative of the Office of the Governor's
11    Executive Inspector General.
12    A mortality review team may make recommendations to the
13Director concerning additional appointments.
14    (c) Each mortality review team member must have
15demonstrated experience or an interest in welfare of youth in
16State custody.
17    (d) The mortality review teams shall be funded in the
18Department's annual budget to provide for the travel expenses
19of team members and professional services engaged by the team.
20    (e) If a death of a youth in the Department's custody
21occurs while a prior youth death is under review by a team
22pursuant to this Act, the Director may request that the team
23review the subsequent death.
24    (f) Upon the conclusion of all reporting required under
25Sections 20, 25, and 30 with respect to a death reviewed by a
26team, all appointments to the team shall expire.

 

 

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1(Source: P.A. 96-1378, eff. 7-29-10.)
 
2    Section 280. The Code of Civil Procedure is amended by
3changing Sections 2-202, 4-110, 8-2201, 10-110, 11-106,
412-201, 12-204, and 12-205 and changing the heading of Part 22
5of Article VIII as follows:
 
6    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
7    Sec. 2-202. Persons authorized to serve process; place of
8service; failure to make return.
9    (a) Process shall be served by a sheriff, or if the sheriff
10is disqualified, by a medical examiner coroner of some county
11of the State. In matters where the county or State is an
12interested party, process may be served by a special
13investigator appointed by the State's Attorney of the county,
14as defined in Section 3-9005 of the Counties Code. A sheriff of
15a county with a population of less than 2,000,000 may employ
16civilian personnel to serve process. In counties with a
17population of less than 2,000,000, process may be served,
18without special appointment, by a person who is licensed or
19registered as a private detective under the Private Detective,
20Private Alarm, Private Security, Fingerprint Vendor, and
21Locksmith Act of 2004 or by a registered employee of a private
22detective agency certified under that Act as defined in Section
23(a-5). A private detective or licensed employee must supply the
24sheriff of any county in which he serves process with a copy of

 

 

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1his license or certificate; however, the failure of a person to
2supply the copy shall not in any way impair the validity of
3process served by the person. The court may, in its discretion
4upon motion, order service to be made by a private person over
518 years of age and not a party to the action. It is not
6necessary that service be made by a sheriff or medical examiner
7coroner of the county in which service is made. If served or
8sought to be served by a sheriff or medical examiner coroner,
9he or she shall endorse his or her return thereon, and if by a
10private person the return shall be by affidavit.
11    (a-5) Upon motion and in its discretion, the court may
12appoint as a special process server a private detective agency
13certified under the Private Detective, Private Alarm, Private
14Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
15the appointment, any employee of the private detective agency
16who is registered under that Act may serve the process. The
17motion and the order of appointment must contain the number of
18the certificate issued to the private detective agency by the
19Department of Professional Regulation under the Private
20Detective, Private Alarm, Private Security, Fingerprint
21Vendor, and Locksmith Act of 2004. A private detective or
22private detective agency shall send, one time only, a copy of
23his, her, or its individual private detective license or
24private detective agency certificate to the county sheriff in
25each county in which the detective or detective agency or his,
26her, or its employees serve process, regardless of size of the

 

 

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1population of the county. As long as the license or certificate
2is valid and meets the requirements of the Department of
3Financial and Professional Regulation, a new copy of the
4current license or certificate need not be sent to the sheriff.
5A private detective agency shall maintain a list of its
6registered employees. Registered employees shall consist of:
7        (1) an employee who works for the agency holding a
8    valid Permanent Employee Registration Card;
9        (2) a person who has applied for a Permanent Employee
10    Registration Card, has had his or her fingerprints
11    processed and cleared by the Department of State Police and
12    the FBI, and as to whom the Department of Financial and
13    Professional Regulation website shows that the person's
14    application for a Permanent Employee Registration Card is
15    pending;
16        (3) a person employed by a private detective agency who
17    is exempt from a Permanent Employee Registration Card
18    requirement because the person is a current peace officer;
19    and
20        (4) a private detective who works for a private
21    detective agency as an employee.
22A detective agency shall maintain this list and forward it to
23any sheriff's department that requests this list within 5
24business days after the receipt of the request.
25    (b) Summons may be served upon the defendants wherever they
26may be found in the State, by any person authorized to serve

 

 

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1process. An officer may serve summons in his or her official
2capacity outside his or her county, but fees for mileage
3outside the county of the officer cannot be taxed as costs. The
4person serving the process in a foreign county may make return
5by mail.
6    (c) If any sheriff, medical examiner coroner, or other
7person to whom any process is delivered, neglects or refuses to
8make return of the same, the plaintiff may petition the court
9to enter a rule requiring the sheriff, medical examiner
10coroner, or other person, to make return of the process on a
11day to be fixed by the court, or to show cause on that day why
12that person should not be attached for contempt of the court.
13The plaintiff shall then cause a written notice of the rule to
14be served on the sheriff, medical examiner coroner, or other
15person. If good and sufficient cause be not shown to excuse the
16officer or other person, the court shall adjudge him or her
17guilty of a contempt, and shall impose punishment as in other
18cases of contempt.
19    (d) If process is served by a sheriff, medical examiner
20coroner, or special investigator appointed by the State's
21Attorney, the court may tax the fee of the sheriff, medical
22examiner coroner, or State's Attorney's special investigator
23as costs in the proceeding. If process is served by a private
24person or entity, the court may establish a fee therefor and
25tax such fee as costs in the proceedings.
26    (e) In addition to the powers stated in Section 8.1a of the

 

 

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1Housing Authorities Act, in counties with a population of
23,000,000 or more inhabitants, members of a housing authority
3police force may serve process for eviction actions commenced
4by that housing authority and may execute eviction orders for
5that housing authority.
6    (f) In counties with a population of 3,000,000 or more,
7process may be served, with special appointment by the court,
8by a private process server or a law enforcement agency other
9than the county sheriff in proceedings instituted under Article
10IX of this Code as a result of a lessor or lessor's assignee
11declaring a lease void pursuant to Section 11 of the Controlled
12Substance and Cannabis Nuisance Act.
13(Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)
 
14    (735 ILCS 5/4-110)  (from Ch. 110, par. 4-110)
15    Sec. 4-110. Order for attachment. The order for attachment
16required in the preceding section shall be directed to the
17sheriff (and, for purpose only of service of summons, to any
18person authorized to serve summons), or in case the sheriff is
19interested, or otherwise disqualified or prevented from
20acting, to the medical examiner coroner of the county in which
21the action is commenced, and shall be made returnable on a
22return day designated by the plaintiff, which day shall not be
23less than 10 days or more than 60 days after its date. Such
24order shall order the officer to attach so much of the estate,
25real or personal, of the defendant, to be found in the county,

 

 

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1as shall be of value sufficient to satisfy the debt and costs,
2according to the affidavit, but in case any specific property
3of the defendant, found in the county, shall be described in
4the order, then the officer shall attach the described property
5only, and no other property. Such estate or property shall be
6so attached in the possession of the officer to secure, or so
7to provide, that the same may be liable to further proceedings
8thereupon, according to law. The order shall also direct that
9the officer summon the defendant to appear and answer the
10complaint of the plaintiff in court at a specified time or, at
11defendant's option, to appear at any time prior thereto and
12move the court to set a hearing on the order for the attachment
13or affidavit; and that the officer also summon any specified
14garnishees, to be and appear in court at a specified time to
15answer to what may be held by them for the defendant.
16(Source: P.A. 83-707.)
 
17    (735 ILCS 5/Art. VIII Pt. 22 heading)
18
Part 22. Medical examiner's Coroner's records

 
19    (735 ILCS 5/8-2201)  (from Ch. 110, par. 8-2201)
20    Sec. 8-2201. Admissibility of medical examiner's coroner's
21records. In actions or proceedings for the recovery of damages
22arising from or growing out of injuries caused by the
23negligence of any person, firm or corporation resulting in the
24death of any person or for the collection of a policy of

 

 

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1insurance, neither the medical examiner's coroner's verdict
2returned upon the inquisition, nor a copy thereof, shall be
3admissible as evidence to prove or establish any of the facts
4in controversy in such action or proceeding.
5(Source: P.A. 82-280.)
 
6    (735 ILCS 5/10-110)  (from Ch. 110, par. 10-110)
7    Sec. 10-110. Service of order. The habeas corpus order may
8be served by the sheriff, medical examiner coroner or any
9person appointed for that purpose by the court which entered
10the order; if served by a person not an officer, he or she
11shall have the same power, and be liable to the same penalty
12for non-performance of his or her duty, as though he or she
13were sheriff.
14(Source: P.A. 83-707.)
 
15    (735 ILCS 5/11-106)  (from Ch. 110, par. 11-106)
16    Sec. 11-106. Injunctive relief on Saturday, Sunday or legal
17holiday. When an application is made on a Saturday, Sunday,
18legal holiday or on a day when courts are not in session for
19injunctive relief and there is filed with the complaint an
20affidavit of the plaintiff, or his, her or their agent or
21attorney, stating that the benefits of injunctive relief will
22be lost or endangered, or irremediable damage occasioned unless
23such injunctive relief is immediately granted, and stating the
24bases for such alleged consequence, and if it appears to the

 

 

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1court from such affidavit that the benefits of injunctive
2relief will be lost or endangered, or irremediable damage
3occasioned unless such injunctive relief is immediately
4granted, and if the plaintiff otherwise is entitled to such
5relief under the law, the court may grant injunctive relief on
6a Saturday, Sunday, legal holiday, or on a day when courts are
7not in session; and it shall be lawful for the clerk to
8certify, and for the sheriff or medical examiner coroner to
9serve such order for injunctive relief on a Saturday, Sunday,
10legal holiday or on a day when courts are not in session as on
11any other day, and all affidavits and bonds made and
12proceedings had in such case shall have the same force and
13effect as if made or had on any other day.
14(Source: P.A. 98-756, eff. 7-16-14.)
 
15    (735 ILCS 5/12-201)  (from Ch. 110, par. 12-201)
16    Sec. 12-201. Procedure. (a) Whenever a judgment or order of
17attachment, entered by any court, shall be levied by any
18sheriff or medical examiner coroner upon any personal property,
19and such property is claimed by any person other than the
20judgment debtor or defendant in such attachment, or is claimed
21by the judgment debtor or defendant in attachment as exempt
22from levy or attachment by virtue of the exemption laws of the
23State, by giving to the sheriff or medical examiner coroner
24notice, in writing, of his or her claim, and intention to
25prosecute the same, it shall be the duty of such sheriff or

 

 

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1medical examiner coroner to notify the circuit court of such
2claim.
3    (b) The court shall thereupon cause the proceeding to be
4entered of record, and the claimant shall be made plaintiff in
5the proceeding, and the judgment creditor or plaintiff in
6attachment shall be made defendant in such proceeding.
7    (c) The clerk of the circuit court shall thereupon issue a
8notice, directed to the judgment creditor or plaintiff in
9attachment, notifying him or her of such claim, and of the time
10and place of trial, which time shall be not more than 10 days
11nor less than 5 days from the date of such notice.
12    (d) Such notice shall be served in the same manner as
13provided for the service of summons in other civil cases, at
14least 5 days before the day of trial; and if such notice is
15served less than 5 days before the day of trial, the trial
16shall, on demand of either party, be continued for a period not
17exceeding 10 days.
18    (e) In case return is made on such notice that the judgment
19creditor or plaintiff in attachment cannot be found, the
20proceeding shall be continued for a period not exceeding 90
21days, and the judgment creditor or plaintiff in attachment
22shall be notified of such proceeding by publication as in other
23civil cases.
24    (f) If the judgment creditor or plaintiff in attachment, or
25his or her attorney, shall at least 5 days before the day of
26trial, file with the clerk of the circuit court his or her

 

 

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1appearance in such proceeding, then it shall not be necessary
2to notify such person as above provided.
3(Source: P.A. 82-280.)
 
4    (735 ILCS 5/12-204)  (from Ch. 110, par. 12-204)
5    Sec. 12-204. Trial and judgment. The court or the jury
6shall determine the rights of the parties and the court shall
7enter judgment accordingly, and the court shall direct the
8sheriff or medical examiner coroner as to the disposition of
9the property in the possession of the sheriff or medical
10examiner coroner. In case the property appears to belong to the
11claimant, when the claimant is any person other than the
12judgment debtor or the defendant in the attachment, or in case
13the property is found to be exempt from enforcement of a
14judgment thereon or attachment, when the claimant is the
15judgment debtor or the defendant in the attachment, judgment
16shall be entered against the judgment creditor or plaintiff in
17the attachment for the costs, and the property levied on shall
18be released, and in case it further appears that such claimant
19is entitled to the immediate possession of such property, the
20court shall order that such property be delivered to such
21claimant. If it appears that the property does not belong to
22the claimant, or is not exempt from the enforcement of a
23judgment thereon or attachment, as the case may be, judgment
24shall be entered against the claimant for costs, and an order
25shall be entered that the sheriff or medical examiner coroner

 

 

HB4235- 377 -LRB101 15666 AWJ 65707 b

1proceed to sell the property levied on. The judgment in such
2cases shall be a complete indemnity to the sheriff or medical
3examiner coroner in selling or restoring any such property, as
4the case may be.
5(Source: P.A. 82-280.)
 
6    (735 ILCS 5/12-205)  (from Ch. 110, par. 12-205)
7    Sec. 12-205. Costs. If the judgment is entered in favor of
8the claimant as to part of the property, and in favor of
9another party as to part, then the court shall in its
10discretion apportion the costs; and the sheriff, medical
11examiner coroner and clerk of the court shall be entitled to
12the same fees as are allowed by law for similar services.
13(Source: P.A. 82-280.)
 
14    Section 285. The Mental Health and Developmental
15Disabilities Confidentiality Act is amended by changing
16Section 10 as follows:
 
17    (740 ILCS 110/10)  (from Ch. 91 1/2, par. 810)
18    Sec. 10. (a) Except as provided herein, in any civil,
19criminal, administrative, or legislative proceeding, or in any
20proceeding preliminary thereto, a recipient, and a therapist on
21behalf and in the interest of a recipient, has the privilege to
22refuse to disclose and to prevent the disclosure of the
23recipient's record or communications.

 

 

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1        (1) Records and communications may be disclosed in a
2    civil, criminal or administrative proceeding in which the
3    recipient introduces his mental condition or any aspect of
4    his services received for such condition as an element of
5    his claim or defense, if and only to the extent the court
6    in which the proceedings have been brought, or, in the case
7    of an administrative proceeding, the court to which an
8    appeal or other action for review of an administrative
9    determination may be taken, finds, after in camera
10    examination of testimony or other evidence, that it is
11    relevant, probative, not unduly prejudicial or
12    inflammatory, and otherwise clearly admissible; that other
13    satisfactory evidence is demonstrably unsatisfactory as
14    evidence of the facts sought to be established by such
15    evidence; and that disclosure is more important to the
16    interests of substantial justice than protection from
17    injury to the therapist-recipient relationship or to the
18    recipient or other whom disclosure is likely to harm.
19    Except in a criminal proceeding in which the recipient, who
20    is accused in that proceeding, raises the defense of
21    insanity, no record or communication between a therapist
22    and a recipient shall be deemed relevant for purposes of
23    this subsection, except the fact of treatment, the cost of
24    services and the ultimate diagnosis unless the party
25    seeking disclosure of the communication clearly
26    establishes in the trial court a compelling need for its

 

 

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1    production. However, for purposes of this Act, in any
2    action brought or defended under the Illinois Marriage and
3    Dissolution of Marriage Act, or in any action in which pain
4    and suffering is an element of the claim, mental condition
5    shall not be deemed to be introduced merely by making such
6    claim and shall be deemed to be introduced only if the
7    recipient or a witness on his behalf first testifies
8    concerning the record or communication.
9        (2) Records or communications may be disclosed in a
10    civil proceeding after the recipient's death when the
11    recipient's physical or mental condition has been
12    introduced as an element of a claim or defense by any party
13    claiming or defending through or as a beneficiary of the
14    recipient, provided the court finds, after in camera
15    examination of the evidence, that it is relevant,
16    probative, and otherwise clearly admissible; that other
17    satisfactory evidence is not available regarding the facts
18    sought to be established by such evidence; and that
19    disclosure is more important to the interests of
20    substantial justice than protection from any injury which
21    disclosure is likely to cause.
22        (3) In the event of a claim made or an action filed by
23    a recipient, or, following the recipient's death, by any
24    party claiming as a beneficiary of the recipient for injury
25    caused in the course of providing services to such
26    recipient, the therapist and other persons whose actions

 

 

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1    are alleged to have been the cause of injury may disclose
2    pertinent records and communications to an attorney or
3    attorneys engaged to render advice about and to provide
4    representation in connection with such matter and to
5    persons working under the supervision of such attorney or
6    attorneys, and may testify as to such records or
7    communication in any administrative, judicial or discovery
8    proceeding for the purpose of preparing and presenting a
9    defense against such claim or action.
10        (4) Records and communications made to or by a
11    therapist in the course of examination ordered by a court
12    for good cause shown may, if otherwise relevant and
13    admissible, be disclosed in a civil, criminal, or
14    administrative proceeding in which the recipient is a party
15    or in appropriate pretrial proceedings, provided such
16    court has found that the recipient has been as adequately
17    and as effectively as possible informed before submitting
18    to such examination that such records and communications
19    would not be considered confidential or privileged. Such
20    records and communications shall be admissible only as to
21    issues involving the recipient's physical or mental
22    condition and only to the extent that these are germane to
23    such proceedings.
24        (5) Records and communications may be disclosed in a
25    proceeding under the Probate Act of 1975, to determine a
26    recipient's competency or need for guardianship, provided

 

 

HB4235- 381 -LRB101 15666 AWJ 65707 b

1    that the disclosure is made only with respect to that
2    issue.
3        (6) Records and communications may be disclosed to a
4    court-appointed therapist, psychologist, or psychiatrist
5    for use in determining a person's fitness to stand trial if
6    the records were made within the 180-day period immediately
7    preceding the date of the therapist's, psychologist's or
8    psychiatrist's court appointment. These records and
9    communications shall be admissible only as to the issue of
10    the person's fitness to stand trial. Records and
11    communications may be disclosed when such are made during
12    treatment which the recipient is ordered to undergo to
13    render him fit to stand trial on a criminal charge,
14    provided that the disclosure is made only with respect to
15    the issue of fitness to stand trial.
16        (7) Records and communications of the recipient may be
17    disclosed in any civil or administrative proceeding
18    involving the validity of or benefits under a life,
19    accident, health or disability insurance policy or
20    certificate, or Health Care Service Plan Contract,
21    insuring the recipient, but only if and to the extent that
22    the recipient's mental condition, or treatment or services
23    in connection therewith, is a material element of any claim
24    or defense of any party, provided that information sought
25    or disclosed shall not be redisclosed except in connection
26    with the proceeding in which disclosure is made.

 

 

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1        (8) Records or communications may be disclosed when
2    such are relevant to a matter in issue in any action
3    brought under this Act and proceedings preliminary
4    thereto, provided that any information so disclosed shall
5    not be utilized for any other purpose nor be redisclosed
6    except in connection with such action or preliminary
7    proceedings.
8        (9) Records and communications of the recipient may be
9    disclosed in investigations of and trials for homicide when
10    the disclosure relates directly to the fact or immediate
11    circumstances of the homicide.
12        (10) Records and communications of a deceased
13    recipient shall be disclosed to a medical examiner coroner
14    conducting a preliminary investigation into the
15    recipient's death under Section 3-3013 of the Counties
16    Code.
17        (11) Records and communications of a recipient shall be
18    disclosed in a proceeding where a petition or motion is
19    filed under the Juvenile Court Act of 1987 and the
20    recipient is named as a parent, guardian, or legal
21    custodian of a minor who is the subject of a petition for
22    wardship as described in Section 2-3 of that Act or a minor
23    who is the subject of a petition for wardship as described
24    in Section 2-4 of that Act alleging the minor is abused,
25    neglected, or dependent or the recipient is named as a
26    parent of a child who is the subject of a petition,

 

 

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1    supplemental petition, or motion to appoint a guardian with
2    the power to consent to adoption under Section 2-29 of the
3    Juvenile Court Act of 1987.
4        (12) Records and communications of a recipient may be
5    disclosed when disclosure is necessary to collect sums or
6    receive third party payment representing charges for
7    mental health or developmental disabilities services
8    provided by a therapist or agency to a recipient; however,
9    disclosure shall be limited to information needed to pursue
10    collection, and the information so disclosed may not be
11    used for any other purposes nor may it be redisclosed
12    except in connection with collection activities. Whenever
13    records are disclosed pursuant to this subdivision (12),
14    the recipient of the records shall be advised in writing
15    that any person who discloses mental health records and
16    communications in violation of this Act may be subject to
17    civil liability pursuant to Section 15 of this Act or to
18    criminal penalties pursuant to Section 16 of this Act or
19    both.
20    (b) Before a disclosure is made under subsection (a), any
21party to the proceeding or any other interested person may
22request an in camera review of the record or communications to
23be disclosed. The court or agency conducting the proceeding may
24hold an in camera review on its own motion. When, contrary to
25the express wish of the recipient, the therapist asserts a
26privilege on behalf and in the interest of a recipient, the

 

 

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1court may require that the therapist, in an in camera hearing,
2establish that disclosure is not in the best interest of the
3recipient. The court or agency may prevent disclosure or limit
4disclosure to the extent that other admissible evidence is
5sufficient to establish the facts in issue. The court or agency
6may enter such orders as may be necessary in order to protect
7the confidentiality, privacy, and safety of the recipient or of
8other persons. Any order to disclose or to not disclose shall
9be considered a final order for purposes of appeal and shall be
10subject to interlocutory appeal.
11    (c) A recipient's records and communications may be
12disclosed to a duly authorized committee, commission or
13subcommittee of the General Assembly which possesses subpoena
14and hearing powers, upon a written request approved by a
15majority vote of the committee, commission or subcommittee
16members. The committee, commission or subcommittee may request
17records only for the purposes of investigating or studying
18possible violations of recipient rights. The request shall
19state the purpose for which disclosure is sought.
20    The facility shall notify the recipient, or his guardian,
21and therapist in writing of any disclosure request under this
22subsection within 5 business days after such request. Such
23notification shall also inform the recipient, or guardian, and
24therapist of their right to object to the disclosure within 10
25business days after receipt of the notification and shall
26include the name, address and telephone number of the

 

 

HB4235- 385 -LRB101 15666 AWJ 65707 b

1committee, commission or subcommittee member or staff person
2with whom an objection shall be filed. If no objection has been
3filed within 15 business days after the request for disclosure,
4the facility shall disclose the records and communications to
5the committee, commission or subcommittee. If an objection has
6been filed within 15 business days after the request for
7disclosure, the facility shall disclose the records and
8communications only after the committee, commission or
9subcommittee has permitted the recipient, guardian or
10therapist to present his objection in person before it and has
11renewed its request for disclosure by a majority vote of its
12members.
13    Disclosure under this subsection shall not occur until all
14personally identifiable data of the recipient and provider are
15removed from the records and communications. Disclosure under
16this subsection shall not occur in any public proceeding.
17    (d) No party to any proceeding described under paragraphs
18(1), (2), (3), (4), (7), or (8) of subsection (a) of this
19Section, nor his or her attorney, shall serve a subpoena
20seeking to obtain access to records or communications under
21this Act unless the subpoena is accompanied by a written order
22issued by a judge or by the written consent under Section 5 of
23this Act of the person whose records are being sought,
24authorizing the disclosure of the records or the issuance of
25the subpoena. No such written order shall be issued without
26written notice of the motion to the recipient and the treatment

 

 

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1provider. Prior to issuance of the order, each party or other
2person entitled to notice shall be permitted an opportunity to
3be heard pursuant to subsection (b) of this Section. In the
4absence of the written consent under Section 5 of this Act of
5the person whose records are being sought, no person shall
6comply with a subpoena for records or communications under this
7Act, unless the subpoena is accompanied by a written order
8authorizing the issuance of the subpoena or the disclosure of
9the records. Each subpoena issued by a court or administrative
10agency or served on any person pursuant to this subsection (d)
11shall include the following language: "No person shall comply
12with a subpoena for mental health records or communications
13pursuant to Section 10 of the Mental Health and Developmental
14Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
15subpoena is accompanied by a written order that authorizes the
16issuance of the subpoena and the disclosure of records or
17communications or by the written consent under Section 5 of
18that Act of the person whose records are being sought."
19    (e) When a person has been transported by a peace officer
20to a mental health facility, then upon the request of a peace
21officer, if the person is allowed to leave the mental health
22facility within 48 hours of arrival, excluding Saturdays,
23Sundays, and holidays, the facility director shall notify the
24local law enforcement authority prior to the release of the
25person. The local law enforcement authority may re-disclose the
26information as necessary to alert the appropriate enforcement

 

 

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1or prosecuting authority.
2    (f) A recipient's records and communications shall be
3disclosed to the Inspector General of the Department of Human
4Services within 10 business days of a request by the Inspector
5General (i) in the course of an investigation authorized by the
6Department of Human Services Act and applicable rule or (ii)
7during the course of an assessment authorized by the Abuse of
8Adults with Disabilities Intervention Act and applicable rule.
9The request shall be in writing and signed by the Inspector
10General or his or her designee. The request shall state the
11purpose for which disclosure is sought. Any person who
12knowingly and willfully refuses to comply with such a request
13is guilty of a Class A misdemeanor. A recipient's records and
14communications shall also be disclosed pursuant to subsection
15(s) of Section 1-17 of the Department of Human Services Act in
16testimony at Health Care Worker Registry hearings or
17preliminary proceedings when such are relevant to the matter in
18issue, provided that any information so disclosed shall not be
19utilized for any other purpose nor be redisclosed except in
20connection with such action or preliminary proceedings.
21(Source: P.A. 99-78, eff. 7-20-15; 100-432, eff. 8-25-17.)
 
22    Section 290. The Illinois Anatomical Gift Act is amended by
23changing Sections 5-20 and 5-45 as follows:
 
24    (755 ILCS 50/5-20)  (was 755 ILCS 50/5)

 

 

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1    Sec. 5-20. Manner of executing anatomical gifts.
2    (a) A donor may make an anatomical gift:
3        (1) by authorizing a statement or symbol indicating
4    that the donor has made an anatomical gift to be imprinted
5    on the donor's driver's license or identification card;
6        (2) in a will;
7        (3) during a terminal illness or injury of the donor,
8    by any form of communication addressed to at least 2
9    adults, at least one of whom is a disinterested witness; or
10        (4) as provided in subsection (b) and (b-1) of this
11    Section.
12    (b) A donor or other person authorized to make an
13anatomical gift under subsection (a) of Section 5-5 may make a
14gift by a donor card or other record signed by the donor or
15other person making the gift or by authorizing that a statement
16or symbol indicating that the donor has made an anatomical gift
17be included on a donor registry. If the donor or other person
18is physically unable to sign a record, the record may be signed
19by another individual at the direction of the donor or other
20person and must:
21        (1) be witnessed by at least 2 adults, at least one of
22    whom is a disinterested witness, who have signed at the
23    request of the donor or the other person; and
24        (2) state that it has been signed and witnessed as
25    provided in paragraph (1) of this subsection (b).
26    (b-1) A gift under Section 5-5 (a) may also be made by an

 

 

HB4235- 389 -LRB101 15666 AWJ 65707 b

1individual consenting to have his or her name included in the
2First Person Consent organ and tissue donor registry maintained
3by the Secretary of State under Section 6-117 of the Illinois
4Vehicle Code. An individual's consent to have his or her name
5included in the First Person Consent organ and tissue donor
6registry constitutes full legal authority for the donation of
7any of his or her organs or tissue for purposes of
8transplantation, therapy, or research. Consenting to be
9included in the First Person Consent organ and tissue donor
10registry is effective without regard to the presence or
11signature of witnesses.
12    (b-5) Revocation, suspension, expiration, or cancellation
13of a driver's license or identification card upon which an
14anatomical gift is indicated does not invalidate the gift.
15    (b-10) An anatomical gift made by will takes effect upon
16the donor's death whether or not the will is probated.
17Invalidation of the will after the donor's death does not
18invalidate the gift.
19    (c) The anatomical gift may be made to a specified donee or
20without specifying a donee. If the gift is made to a specified
21donee who is not available at the time and place of death, then
22if made for the purpose of transplantation, it shall be
23effectuated in accordance with Section 5-25.
24    (d) The donee or other person authorized to accept the gift
25pursuant to Section 5-12 may employ or authorize any qualified
26technician, surgeon, or physician to perform the recovery.

 

 

HB4235- 390 -LRB101 15666 AWJ 65707 b

1    (e) A person authorized to make an anatomical gift under
2subsection (b) of Section 5-5 may make an anatomical gift by a
3document of gift signed by the person making the gift or by
4that person's oral communication that is electronically
5recorded or is contemporaneously reduced to a record and signed
6by the individual receiving the oral communication.
7    (e-5) An anatomical gift by a person authorized under
8subsection (b) of Section 5-5 may be amended or revoked orally
9or in a record by a member of a prior class who is reasonably
10available for the giving of authorization or refusal. If more
11than one member of the prior class is reasonably available for
12the giving of authorization or refusal, the gift made by a
13person authorized under subsection (b) of Section 5-5 may be:
14        (1) amended only if a majority of the class members
15    reasonably available for the giving of authorization or
16    refusal agree to the amending of the gift; or
17        (2) revoked only if a majority of the class members
18    reasonably available for the giving of authorization or
19    refusal agree to the revoking of the gift or if they are
20    equally divided as to whether to revoke the gift.
21    (e-10) A revocation under subsection (e-5) is effective
22only if, before an incision has been made to remove a part from
23the donor's body or before invasive procedures have been
24commenced to prepare the recipient, the procurement
25organization, non-transplant anatomic bank, transplant
26hospital, or physician or technician knows of the revocation.

 

 

HB4235- 391 -LRB101 15666 AWJ 65707 b

1    (f) When there is a suitable candidate for organ donation
2and a donation or consent to donate has not yet been given,
3procedures to preserve the decedent's body for possible organ
4and tissue donation may be implemented under the authorization
5of the applicable organ procurement organization, at its own
6expense, prior to making a donation request pursuant to Section
75-25. If the organ procurement organization does not locate a
8person authorized to consent to donation or consent to donation
9is denied, then procedures to preserve the decedent's body
10shall be ceased and no donation shall be made. The organ
11procurement organization shall respect the religious tenets of
12the decedent, if known, such as a pause after death, before
13initiating preservation services. Nothing in this Section
14shall be construed to authorize interference with the medical
15examiner coroner in carrying out an investigation or autopsy.
16(Source: P.A. 100-41, eff. 1-1-18.)
 
17    (755 ILCS 50/5-45)  (was 755 ILCS 50/8)
18    Sec. 5-45. Rights and Duties at Death.
19    (a) The donee may accept or reject the anatomical gift. If
20the donee accepts a gift of the entire body, he may, subject to
21the terms of the gift, authorize embalming and the use of the
22body in funeral services, unless a person named in subsection
23(b) of Section 5-5 has requested, prior to the final
24disposition by the donee, that the remains of said body be
25returned to his or her custody for the purpose of final

 

 

HB4235- 392 -LRB101 15666 AWJ 65707 b

1disposition. Such request shall be honored by the donee if the
2terms of the gift are silent on how final disposition is to
3take place. If the gift is of a part of the body, the donee or
4technician designated by him upon the death of the donor and
5prior to embalming, shall cause the part to be removed without
6unnecessary mutilation and without undue delay in the release
7of the body for the purposes of final disposition. After
8removal of the part, custody of the remainder of the body vests
9in the surviving spouse, next of kin, or other persons under
10obligation to dispose of the body, in the order of priority
11listed in subsection (b) of Section 5-5.
12    (b) The time of death shall be determined by a physician
13who attends the donor at his death, or, if none, the physician
14who certifies the death. The physician shall not participate in
15the procedures for removing or transplanting a part.
16    (c) A person who acts or attempts in good faith to act in
17accordance with this Act, the Illinois Vehicle Code, the AIDS
18Confidentiality Act, or the applicable anatomical gift law of
19another state is not liable for the act in a civil action,
20criminal prosecution, or administrative proceeding. Neither
21the person making an anatomical gift nor the donor's estate is
22liable for any injury or damage that results from the making or
23use of the gift. In determining whether an anatomical gift has
24been made, amended, or revoked under this Act, a person may
25rely upon representations of an individual listed in item (2),
26(3), (4), (5), (6), (7), or (8) of subsection (b) of Section

 

 

HB4235- 393 -LRB101 15666 AWJ 65707 b

15-5 relating to the individual's relationship to the donor or
2prospective donor unless the person knows that the
3representation is untrue. Any person that participates in good
4faith and according to the usual and customary standards of
5medical practice in the preservation, removal, or
6transplantation of any part of a decedent's body pursuant to an
7anatomical gift made by the decedent under Section 5-20 or
8pursuant to an anatomical gift made by an individual as
9authorized by subsection (b) of Section 5-5 shall have immunity
10from liability, civil, criminal, or otherwise, that might
11result by reason of such actions. For the purpose of any
12proceedings, civil or criminal, the validity of an anatomical
13gift executed pursuant to Section 5-20 shall be presumed and
14the good faith of any person participating in the removal or
15transplantation of any part of a decedent's body pursuant to an
16anatomical gift made by the decedent or by another individual
17authorized by the Act shall be presumed.
18    (d) This Act is subject to the provisions of Division 3-3
19of the Counties Code "An Act to revise the law in relation to
20coroners", approved February 6, 1874, as now or hereafter
21amended, to the laws of this State prescribing powers and
22duties with respect to autopsies, and to the statutes, rules,
23and regulations of this State with respect to the
24transportation and disposition of deceased human bodies.
25    (e) If the donee is provided information, or determines
26through independent examination, that there is evidence that

 

 

HB4235- 394 -LRB101 15666 AWJ 65707 b

1the anatomical gift was exposed to the human immunodeficiency
2virus (HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS), the donee may reject the gift
4and shall treat the information and examination results as a
5confidential medical record; the donee may disclose only the
6results confirming HIV exposure, and only to the physician of
7the deceased donor. The donor's physician shall determine
8whether the person who executed the gift should be notified of
9the confirmed positive test result.
10(Source: P.A. 98-172, eff. 1-1-14.)
 
11    Section 295. The Disposition of Remains Act is amended by
12changing Section 5 as follows:
 
13    (755 ILCS 65/5)
14    Sec. 5. Right to control disposition; priority. Unless a
15decedent has left directions in writing for the disposition or
16designated an agent to direct the disposition of the decedent's
17remains as provided in Section 65 of the Crematory Regulation
18Act or in subsection (a) of Section 40 of this Act, the
19following persons, in the priority listed, have the right to
20control the disposition, including cremation, of the
21decedent's remains and are liable for the reasonable costs of
22the disposition:
23        (1) the person designated in a written instrument that
24    satisfies the provisions of Sections 10 and 15 of this Act;

 

 

HB4235- 395 -LRB101 15666 AWJ 65707 b

1        (2) any person serving as executor or legal
2    representative of the decedent's estate and acting
3    according to the decedent's written instructions contained
4    in the decedent's will;
5        (3) the individual who was the spouse of the decedent
6    at the time of the decedent's death;
7        (4) the sole surviving competent adult child of the
8    decedent, or if there is more than one surviving competent
9    adult child of the decedent, the majority of the surviving
10    competent adult children; however, less than one-half of
11    the surviving adult children shall be vested with the
12    rights and duties of this Section if they have used
13    reasonable efforts to notify all other surviving competent
14    adult children of their instructions and are not aware of
15    any opposition to those instructions on the part of more
16    than one-half of all surviving competent adult children;
17        (5) the surviving competent parents of the decedent; if
18    one of the surviving competent parents is absent, the
19    remaining competent parent shall be vested with the rights
20    and duties of this Act after reasonable efforts have been
21    unsuccessful in locating the absent surviving competent
22    parent;
23        (6) the surviving competent adult person or persons
24    respectively in the next degrees of kindred or, if there is
25    more than one surviving competent adult person of the same
26    degree of kindred, the majority of those persons; less than

 

 

HB4235- 396 -LRB101 15666 AWJ 65707 b

1    the majority of surviving competent adult persons of the
2    same degree of kindred shall be vested with the rights and
3    duties of this Act if those persons have used reasonable
4    efforts to notify all other surviving competent adult
5    persons of the same degree of kindred of their instructions
6    and are not aware of any opposition to those instructions
7    on the part of one-half or more of all surviving competent
8    adult persons of the same degree of kindred;
9        (6.5) any recognized religious, civic, community, or
10    fraternal organization willing to assume legal and
11    financial responsibility;
12        (7) in the case of indigents or any other individuals
13    whose final disposition is the responsibility of the State
14    or any of its instrumentalities, a public administrator,
15    medical examiner, coroner, State appointed guardian, or
16    any other public official charged with arranging the final
17    disposition of the decedent;
18        (8) in the case of individuals who have donated their
19    bodies to science, or whose death occurred in a nursing
20    home or other private institution and the institution is
21    charged with making arrangements for the final disposition
22    of the decedent, a representative of the institution; or
23        (9) any other person or organization that is willing to
24    assume legal and financial responsibility.
25    As used in Section, "adult" means any individual who has
26reached his or her eighteenth birthday.

 

 

HB4235- 397 -LRB101 15666 AWJ 65707 b

1    Notwithstanding provisions to the contrary, in the case of
2decedents who die while serving as members of the United States
3Armed Forces, the Illinois National Guard, or the United States
4Reserve Forces, as defined in Section 1481 of Title 10 of the
5United States Code, and who have executed the required U.S.
6Department of Defense Record of Emergency Data Form (DD Form
793), or successor form, the person designated in such form to
8direct disposition of the decedent's remains shall have the
9right to control the disposition, including cremation, of the
10decedent's remains.
11(Source: P.A. 100-526, eff. 6-1-18.)
 
12    Section 300. The Disposition of Remains of the Indigent Act
13is amended by changing Sections 5 and 10 as follows:
 
14    (755 ILCS 66/5)
15    (Section scheduled to be repealed on December 31, 2022)
16    Sec. 5. Purpose. The General Assembly recognizes:
17        (1) that each individual in the State regardless of his
18    or her economic situation is entitled to a dignified
19    disposition of his or her remains;
20        (2) that it is a matter of public concern and interest
21    that the preparation, care, and final disposition of a
22    deceased human body be attended to with appropriate
23    observance and understanding;
24        (3) that it is a matter of public concern and interest

 

 

HB4235- 398 -LRB101 15666 AWJ 65707 b

1    that there is a due regard and respect for the reverent
2    care of the human body, for those bereaved, and the overall
3    spiritual dignity of every person;
4        (4) that the provision of cadavers and other human
5    materials is a much-needed service for the advancement of
6    medical, mortuary, and other sciences;
7        (5) that there is a critical shortage of cadavers
8    necessary for the advancement of medical, mortuary, and
9    other sciences;
10        (6) that the State has, in the past, paid for the
11    burial and funeral of indigent individuals;
12        (7) that payment for such services is not now
13    consistent with the needs or demands of the current State
14    budget;
15        (8) that the State has had a long-standing policy that
16    government officials who have custody of a body of any
17    deceased person shall transfer such custody to any State
18    medical college, school, or other institution of higher
19    science education or school of mortuary science for
20    advancement of medical, anatomical, biological, or
21    mortuary science; and
22        (9) that current law provides that any county medical
23    examiner coroner may donate bodies not claimed by family
24    members or friends.
25(Source: P.A. 100-526, eff. 6-1-18.)
 

 

 

HB4235- 399 -LRB101 15666 AWJ 65707 b

1    (755 ILCS 66/10)
2    (Section scheduled to be repealed on December 31, 2022)
3    Sec. 10. Indigent funeral and burial.
4    (a) If private funds are not available to pay funeral and
5burial costs and a request is made for those costs to an
6official of State or local government by an appropriate family
7member, executor, or agent empowered to direct the disposition
8of the decedent's remains, the official shall inform the
9appropriate family member, executor, or agent empowered to
10direct the disposition of the decedent's remains of the option
11to donate the remains for use in the advancement of medical
12science subject to any written directive of a will or other
13written instrument identified in Section 65 of the Crematory
14Regulation Act or in subsection (a) of Section 40 of the
15Disposition of Remains Act.
16    (b) The appropriate family member, executor, or agent
17empowered to direct the disposition of the decedent's remains
18is responsible for authorizing the use of such remains in
19accordance with the process of the specific qualified medical
20science institution.
21    (c) If funds are not otherwise available for burial or the
22cadaver has not been claimed by a family member or other
23responsible person, the medical examiner coroner with custody
24may donate the cadaver for medical science purposes pursuant to
25Section 3-3034 of the Counties Code.
26(Source: P.A. 100-526, eff. 6-1-18.)
 

 

 

HB4235- 400 -LRB101 15666 AWJ 65707 b

1    Section 305. The Revised Uniform Unclaimed Property Act is
2amended by changing Section 15-705 as follows:
 
3    (765 ILCS 1026/15-705)
4    Sec. 15-705. Exceptions to the sale of tangible property.
5The administrator shall dispose of tangible property
6identified by this Section in accordance with this Section.
7    (a) Military medals or decorations. The administrator may
8not sell a medal or decoration awarded for military service in
9the armed forces of the United States. Instead, the
10administrator, with the consent of the respective organization
11under paragraph (1), agency under paragraph (2), or entity
12under paragraph (3), may deliver a medal or decoration to be
13held in custody for the owner, to:
14        (1) a military veterans organization qualified under
15    Section 501(c)(19) of the Internal Revenue Code;
16        (2) the agency that awarded the medal or decoration; or
17        (3) a governmental entity.
18    After delivery, the administrator is not responsible for
19the safekeeping of the medal or decoration.
20    (b) Property with historical value. Property that the
21administrator reasonably believes may have historical value
22may be, at his or her discretion, loaned to an accredited
23museum in the United States where it will be kept until such
24time as the administrator orders it to be returned to his or

 

 

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1her custody.
2    (c) Human remains. If human remains are delivered to the
3administrator under this Act, the administrator shall deliver
4those human remains to the medical examiner coroner of the
5county in which the human remains were abandoned for
6disposition under Section 3-3034 of the Counties Code. The only
7human remains that may be delivered to the administrator under
8this Act and that the administrator may receive are those that
9are reported and delivered as contents of a safe deposit box.
10    (d) Evidence in a criminal investigation. Property that may
11have been used in the commission of a crime or that may assist
12in the investigation of a crime, as determined after consulting
13with the Department of State Police, shall be delivered to the
14Department of State Police or other appropriate law enforcement
15authority to allow law enforcement to determine whether a
16criminal investigation should take place. Any such property
17delivered to a law enforcement authority shall be held in
18accordance with existing statutes and rules related to the
19gathering, retention, and release of evidence.
20    (e) Firearms.
21        (1) The administrator, in cooperation with the
22    Department of State Police, shall develop a procedure to
23    determine whether a firearm delivered to the administrator
24    under this Act has been stolen or used in the commission of
25    a crime. The Department of State Police shall determine the
26    appropriate disposition of a firearm that has been stolen

 

 

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1    or used in the commission of a crime. The administrator
2    shall attempt to return a firearm that has not been stolen
3    or used in the commission of a crime to the rightful owner
4    if the Department of State Police determines that the owner
5    may lawfully possess the firearm.
6        (2) If the administrator is unable to return a firearm
7    to its owner, the administrator shall transfer custody of
8    the firearm to the Department of State Police. Legal title
9    to a firearm transferred to the Department of State Police
10    under this subsection (e) is vested in the Department of
11    State Police by operation of law if:
12            (i) the administrator cannot locate the owner of
13        the firearm;
14            (ii) the owner of the firearm may not lawfully
15        possess the firearm;
16            (iii) the apparent owner does not respond to notice
17        published under Section 15-503 of this Act; or
18            (iv) the apparent owner responds to notice
19        published under Section 15-502 and states that he or
20        she no longer claims an interest in the firearm.
21        (3) With respect to a firearm whose title is
22    transferred to the Department of State Police under this
23    subsection (e), the Department of State Police may:
24            (i) retain the firearm for use by the crime
25        laboratory system, for training purposes, or for any
26        other application as deemed appropriate by the

 

 

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1        Department;
2            (ii) transfer the firearm to the Illinois State
3        Museum if the firearm has historical value; or
4            (iii) destroy the firearm if it is not retained
5        pursuant to subparagraph (i) or transferred pursuant
6        to subparagraph (ii).
7    As used in this subsection, "firearm" has the meaning
8provided in the Firearm Owners Identification Card Act.
9(Source: P.A. 100-22, eff. 1-1-18.)
 
10    Section 310. The Employee Arbitration Act is amended by
11changing Section 8 as follows:
 
12    (820 ILCS 35/8)  (from Ch. 10, par. 30)
13    Sec. 8. Any notice or process issued by the Department of
14Labor shall be served by any sheriff or medical examiner
15coroner to whom it is directed or in whose hands it is placed
16for service.
17(Source: Laws 1967, p. 3673.)
 
18    Section 315. The Workers' Occupational Diseases Act is
19amended by changing Section 12 as follows:
 
20    (820 ILCS 310/12)  (from Ch. 48, par. 172.47)
21    Sec. 12. (a) An employee entitled to receive disability
22payments shall be required, if requested by the employer, to

 

 

HB4235- 404 -LRB101 15666 AWJ 65707 b

1submit himself, at the expense of the employer, for examination
2to a duly qualified medical practitioner or surgeon selected by
3the employer, at any time and place reasonably convenient for
4the employee, either within or without the State of Illinois,
5for the purpose of determining the nature, extent and probable
6duration of the occupational disease and the disability
7therefrom suffered by the employee, and for the purpose of
8ascertaining the amount of compensation which may be due the
9employee from time to time for disability according to the
10provisions of this Act. An employee may also be required to
11submit himself for examination by medical experts under
12subsection (c) of Section 19.
13    An employer requesting such an examination, of an employee
14residing within the State of Illinois, shall deliver to the
15employee with the notice of the time and place of examination
16sufficient money to defray the necessary expense of travel by
17the most convenient means to and from the place of examination,
18and the cost of meals necessary during the trip, and if the
19examination or travel to and from the place of examination
20causes any loss of working time on the part of the employee,
21the employer shall reimburse him for such loss of wages upon
22the basis of his average daily wage. Such examination shall be
23made in the presence of a duly qualified medical practitioner
24or surgeon provided and paid for by the employee, if such
25employee so desires.
26    In all cases where the examination is made by a physician

 

 

HB4235- 405 -LRB101 15666 AWJ 65707 b

1or surgeon engaged by the employer, and the employee has no
2physician or surgeon present at such examination, it shall be
3the duty of the physician or surgeon making the examination at
4the instance of the employer to deliver to the employee, or his
5representative, a statement in writing of the examination and
6findings to the same extent that said physician or surgeon
7reports to the employer and the same shall be an exact copy of
8that furnished to the employer, said copy to be furnished the
9employee, or his representative as soon as practicable but not
10later than the time the case is set for hearing. Such delivery
11shall be made in person either to the employee or his
12representative, or by registered mail to either, and the
13receipt of either shall be proof of such delivery. If such
14physician or surgeon refuses to furnish the employee with such
15statement to the same extent as that furnished the employer
16said physician or surgeon shall not be permitted to testify at
17the hearing next following said examination.
18    If the employee refuses so to submit himself to examination
19or unnecessarily obstructs the same, his right to compensation
20payment shall be temporarily suspended until such examination
21shall have taken place, and no compensation shall be payable
22under this Act for such period.
23    It shall be the duty of physicians or surgeons treating an
24employee who is likely to die, and treating him at the instance
25of the employer, to have called in another physician or surgeon
26to be designated and paid for by either the employee or by the

 

 

HB4235- 406 -LRB101 15666 AWJ 65707 b

1person or persons who would become his beneficiary or
2beneficiaries, to make an examination before the death of such
3employee.
4    In all cases where the examination is made by a physician
5or surgeon engaged by the employee, and the employer has no
6physician or surgeon present at such examination, it shall be
7the duty of the physician or surgeon making the examination at
8the instance of the employee, to deliver to the employer, or
9his representative, a statement in writing of the condition and
10extent of the examination and findings to the same extent that
11said physician or surgeon reports to the employee and the same
12shall be an exact copy of that furnished to the employee, said
13copy to be furnished the employer, or his representative, as
14soon as practicable but not later than the time the case is set
15for hearing. Such delivery shall be made in person either to
16the employer, or his representative, or by registered mail to
17either, and the receipt of either shall be proof of such
18delivery. If such physician or surgeon refuses to furnish the
19employer with such statement to the same extent as that
20furnished the employee, said physician or surgeon shall not be
21permitted to testify at the hearing next following said
22examination.
23    (b) Whenever, after the death of an employee, any party in
24interest files an application for adjustment of claim under
25this Act, and it appears that an autopsy may disclose material
26evidence as to whether or not such death was due to the

 

 

HB4235- 407 -LRB101 15666 AWJ 65707 b

1inhalation of silica or asbestos dust, the commission, upon
2petition of either party, may order an autopsy at the expense
3of the party requesting same, and if such autopsy is so
4ordered, the commission shall designate a competent
5pathologist to perform the same, and shall give the parties in
6interest such reasonable notice of the time and place thereof
7as will afford a reasonable opportunity to witness such autopsy
8in person or by a representative.
9    It shall be the duty of such pathologist to perform such
10autopsy as, in his best judgment, is required to ascertain the
11cause of death. Such pathologist shall make a complete written
12report of all his findings to the commission (including
13laboratory results described as such, if any). The said report
14of the pathologist shall contain his findings on post-mortem
15examination and said report shall not contain any conclusion of
16the said pathologist based upon the findings so reported.
17    Said report shall be placed on file with the commission,
18and shall be a public record. Said report, or a certified copy
19thereof, may be introduced by either party on any hearing as
20evidence of the findings therein stated, but shall not be
21conclusive evidence of such findings, and either party may
22rebut any part thereof.
23    Where an autopsy has been performed at any time with the
24express or implied consent of any interested party, and without
25some opposing party, if known or reasonably ascertainable,
26having reasonable notice of and reasonable opportunity of

 

 

HB4235- 408 -LRB101 15666 AWJ 65707 b

1witnessing the same, all evidence obtained by such autopsy
2shall be barred upon objection at any hearing. This paragraph
3shall not apply to autopsies by a medical examiner, deputy
4medical examiner, or, as directed by a medical examiner, a
5physician duly licensed to practice medicine in all of its
6branches coroner's physician in the discharge of his official
7duties.
8(Source: P.A. 94-277, eff. 7-20-05.)
 
9    Section 320. The Unemployment Insurance Act is amended by
10changing Section 2500 as follows:
 
11    (820 ILCS 405/2500)  (from Ch. 48, par. 740)
12    Sec. 2500. Director not required to pay costs. Neither the
13Director nor the State of Illinois shall be required to furnish
14any bond, or to make a deposit for or pay any costs of any court
15or the fees of any of its officers in any judicial proceedings
16in pursuance to the provisions of this Act; provided, further,
17that whenever enforcement or collection of any judgment
18liability created by this Act, is levied by any sheriff or
19medical examiner coroner upon any personal property, and such
20property is claimed by any person other than the defendant or
21is claimed by the defendant as exempt from levy by virtue of
22the exemption laws of this State, then it shall be the duty of
23the person making such claim to give notice in writing of his
24or her claim and of his or her intention to prosecute the same,

 

 

HB4235- 409 -LRB101 15666 AWJ 65707 b

1to the sheriff or medical examiner coroner within 10 days after
2the making of the levy; on receiving such notice the sheriff or
3medical examiner coroner shall proceed in accordance with the
4provisions of Part 2 of Article XII of the Code of Civil
5Procedure, as amended; the giving of such notice within the 10
6day period shall be a condition precedent to any judicial
7action against the sheriff or medical examiner coroner for
8wrongfully levying, seizing or selling the property and any
9such person who fails to give such notice within the time shall
10be forever barred from bringing any judicial action against
11such sheriff or medical examiner coroner for injury or damages
12to or conversion of the property.
13(Source: P.A. 83-1362.)
 
14    Section 900. The State Mandates Act is amended by adding
15Section 8.44 as follows:
 
16    (30 ILCS 805/8.44 new)
17    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 101st General Assembly.
 
21    Section 999. Effective date. This Act takes effect on
22December 1, 2021, except Section 5-566 of the Civil
23Administrative Code of Illinois, Section 3-3000 of the Counties
24Code, Section 37 of the Coroner Training Board Act, and this

 

 

HB4235- 410 -LRB101 15666 AWJ 65707 b

1Section take effect upon becoming law.

 

 

HB4235- 411 -LRB101 15666 AWJ 65707 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/1.08from Ch. 1, par. 1009
4    5 ILCS 140/7from Ch. 116, par. 207
5    10 ILCS 5/18A-218.10
6    10 ILCS 5/2A-18 rep.
7    20 ILCS 5/5-565was 20 ILCS 5/6.06
8    20 ILCS 5/5-566 new
9    20 ILCS 105/4.04from Ch. 23, par. 6104.04
10    20 ILCS 515/15
11    20 ILCS 515/20
12    20 ILCS 515/25
13    20 ILCS 515/40
14    20 ILCS 1305/1-17
15    20 ILCS 2310/2310-236
16    20 ILCS 2310/2310-335was 20 ILCS 2310/55.43
17    20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4
18    20 ILCS 2605/2605-380was 20 ILCS 2605/55a-8
19    20 ILCS 2630/9from Ch. 38, par. 206-9
20    20 ILCS 2630/9.5
21    20 ILCS 3440/3from Ch. 127, par. 2663
22    35 ILCS 120/5dfrom Ch. 120, par. 444d
23    35 ILCS 200/19-55
24    35 ILCS 200/21-355
25    35 ILCS 200/21-385

 

 

HB4235- 412 -LRB101 15666 AWJ 65707 b

1    35 ILCS 200/22-15
2    35 ILCS 200/22-20
3    35 ILCS 516/300
4    35 ILCS 516/330
5    35 ILCS 516/375
6    35 ILCS 516/380
7    40 ILCS 5/7-145.1
8    50 ILCS 705/10.11
9    50 ILCS 707/15
10    50 ILCS 722/15
11    50 ILCS 722/20
12    50 ILCS 722/25
13    55 ILCS 5/1-4009from Ch. 34, par. 1-4009
14    55 ILCS 5/Div. 3-3 heading
15    55 ILCS 5/3-3000 new
16    55 ILCS 5/3-3001from Ch. 34, par. 3-3001
17    55 ILCS 5/3-3002.5 new
18    55 ILCS 5/3-3003from Ch. 34, par. 3-3003
19    55 ILCS 5/3-3004from Ch. 34, par. 3-3004
20    55 ILCS 5/3-3007from Ch. 34, par. 3-3007
21    55 ILCS 5/3-3008from Ch. 34, par. 3-3008
22    55 ILCS 5/3-3009from Ch. 34, par. 3-3009
23    55 ILCS 5/3-3010from Ch. 34, par. 3-3010
24    55 ILCS 5/3-3012from Ch. 34, par. 3-3012
25    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
26    55 ILCS 5/3-3013.3 new

 

 

HB4235- 413 -LRB101 15666 AWJ 65707 b

1    55 ILCS 5/3-3013.5 new
2    55 ILCS 5/3-3014from Ch. 34, par. 3-3014
3    55 ILCS 5/3-3015from Ch. 34, par. 3-3015
4    55 ILCS 5/3-3016.5
5    55 ILCS 5/3-3017from Ch. 34, par. 3-3017
6    55 ILCS 5/3-3018from Ch. 34, par. 3-3018
7    55 ILCS 5/3-3019from Ch. 34, par. 3-3019
8    55 ILCS 5/3-3020from Ch. 34, par. 3-3020
9    55 ILCS 5/3-3021from Ch. 34, par. 3-3021
10    55 ILCS 5/3-3022from Ch. 34, par. 3-3022
11    55 ILCS 5/3-3024from Ch. 34, par. 3-3024
12    55 ILCS 5/3-3025from Ch. 34, par. 3-3025
13    55 ILCS 5/3-3026from Ch. 34, par. 3-3026
14    55 ILCS 5/3-3027from Ch. 34, par. 3-3027
15    55 ILCS 5/3-3028from Ch. 34, par. 3-3028
16    55 ILCS 5/3-3029from Ch. 34, par. 3-3029
17    55 ILCS 5/3-3031from Ch. 34, par. 3-3031
18    55 ILCS 5/3-3032from Ch. 34, par. 3-3032
19    55 ILCS 5/3-3033from Ch. 34, par. 3-3033
20    55 ILCS 5/3-3034from Ch. 34, par. 3-3034
21    55 ILCS 5/3-3035from Ch. 34, par. 3-3035
22    55 ILCS 5/3-3036from Ch. 34, par. 3-3036
23    55 ILCS 5/3-3037from Ch. 34, par. 3-3037
24    55 ILCS 5/3-3038from Ch. 34, par. 3-3038
25    55 ILCS 5/3-3040from Ch. 34, par. 3-3040
26    55 ILCS 5/3-3041from Ch. 34, par. 3-3041

 

 

HB4235- 414 -LRB101 15666 AWJ 65707 b

1    55 ILCS 5/3-3042from Ch. 34, par. 3-3042
2    55 ILCS 5/3-3043from Ch. 34, par. 3-3043
3    55 ILCS 5/3-3045
4    55 ILCS 5/3-3046 new
5    55 ILCS 5/3-14002from Ch. 34, par. 3-14002
6    55 ILCS 5/4-6001from Ch. 34, par. 4-6001
7    55 ILCS 5/4-6002from Ch. 34, par. 4-6002
8    55 ILCS 5/Div. 4-7 heading
9    55 ILCS 5/4-7001from Ch. 34, par. 4-7001
10    55 ILCS 5/4-11002from Ch. 34, par. 4-11002
11    55 ILCS 5/5-1085.5
12    55 ILCS 5/5-1106from Ch. 34, par. 5-1106
13    55 ILCS 5/3-3002 rep.
14    55 ILCS 5/3-3011 rep.
15    55 ILCS 5/3-3039 rep.
16    55 ILCS 5/3-3044 rep.
17    55 ILCS 135/1
18    55 ILCS 135/5
19    55 ILCS 135/10
20    55 ILCS 135/20
21    55 ILCS 135/25
22    55 ILCS 135/30
23    55 ILCS 135/35
24    55 ILCS 135/37 new
25    70 ILCS 605/5-7from Ch. 42, par. 5-7
26    210 ILCS 28/15

 

 

HB4235- 415 -LRB101 15666 AWJ 65707 b

1    210 ILCS 28/20
2    210 ILCS 28/25
3    210 ILCS 30/4from Ch. 111 1/2, par. 4164
4    210 ILCS 46/2-208
5    210 ILCS 47/2-208
6    210 ILCS 85/6.09a
7    210 ILCS 85/7from Ch. 111 1/2, par. 148
8    210 ILCS 150/18
9    225 ILCS 705/10.03from Ch. 96 1/2, par. 1003
10    225 ILCS 705/10.04from Ch. 96 1/2, par. 1004
11    225 ILCS 710/15from Ch. 96 1/2, par. 4222
12    225 ILCS 710/16from Ch. 96 1/2, par. 4223
13    320 ILCS 20/2from Ch. 23, par. 6602
14    320 ILCS 20/3from Ch. 23, par. 6603
15    320 ILCS 20/5from Ch. 23, par. 6605
16    320 ILCS 20/8from Ch. 23, par. 6608
17    320 ILCS 20/15
18    325 ILCS 5/4
19    325 ILCS 5/4.1from Ch. 23, par. 2054.1
20    325 ILCS 5/7.9from Ch. 23, par. 2057.9
21    325 ILCS 5/11.1from Ch. 23, par. 2061.1
22    325 ILCS 5/11.9
23    405 ILCS 5/5-100from Ch. 91 1/2, par. 5-100
24    405 ILCS 82/15
25    405 ILCS 82/20
26    410 ILCS 18/35

 

 

HB4235- 416 -LRB101 15666 AWJ 65707 b

1    410 ILCS 18/94
2    410 ILCS 60/1from Ch. 111 1/2, par. 201
3    410 ILCS 505/5from Ch. 31, par. 45
4    410 ILCS 510/1from Ch. 144, par. 1551
5    410 ILCS 535/18from Ch. 111 1/2, par. 73-18
6    410 ILCS 535/20from Ch. 111 1/2, par. 73-20
7    410 ILCS 535/21from Ch. 111 1/2, par. 73-21
8    410 ILCS 535/21.7
9    410 ILCS 535/25.5
10    415 ILCS 5/56.8
11    425 ILCS 25/6from Ch. 127 1/2, par. 6
12    625 ILCS 5/6-117from Ch. 95 1/2, par. 6-117
13    625 ILCS 5/11-413from Ch. 95 1/2, par. 11-413
14    625 ILCS 5/11-414from Ch. 95 1/2, par. 11-414
15    625 ILCS 5/11-501.7from Ch. 95 1/2, par. 11-501.7
16    625 ILCS 5/12-215from Ch. 95 1/2, par. 12-215
17    625 ILCS 45/6-1from Ch. 95 1/2, par. 316-1
18    705 ILCS 205/10from Ch. 13, par. 10
19    705 ILCS 305/20from Ch. 78, par. 20
20    705 ILCS 310/8from Ch. 78, par. 31
21    705 ILCS 405/2-6from Ch. 37, par. 802-6
22    705 ILCS 405/2-15from Ch. 37, par. 802-15
23    705 ILCS 405/3-17from Ch. 37, par. 803-17
24    705 ILCS 405/4-14from Ch. 37, par. 804-14
25    705 ILCS 405/5-525
26    720 ILCS 5/9-3.5

 

 

HB4235- 417 -LRB101 15666 AWJ 65707 b

1    720 ILCS 5/12-20.5
2    720 ILCS 5/12-20.6
3    720 ILCS 5/31-4from Ch. 38, par. 31-4
4    720 ILCS 5/33-3.2
5    725 ILCS 5/107-15
6    725 ILCS 5/107-16
7    725 ILCS 5/115-5.1from Ch. 38, par. 115-5.1
8    725 ILCS 5/115-17
9    725 ILCS 5/119-5from Ch. 38, par. 119-5
10    730 ILCS 125/8from Ch. 75, par. 108
11    730 ILCS 195/20
12    730 ILCS 195/35
13    730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
14    730 ILCS 5/3-9-6from Ch. 38, par. 1003-9-6
15    730 ILCS 5/3-13-4from Ch. 38, par. 1003-13-4
16    730 ILCS 195/15
17    735 ILCS 5/2-202from Ch. 110, par. 2-202
18    735 ILCS 5/4-110from Ch. 110, par. 4-110
19    735 ILCS 5/Art. VIII Pt.
20    22 heading
21    735 ILCS 5/8-2201from Ch. 110, par. 8-2201
22    735 ILCS 5/10-110from Ch. 110, par. 10-110
23    735 ILCS 5/11-106from Ch. 110, par. 11-106
24    735 ILCS 5/12-201from Ch. 110, par. 12-201
25    735 ILCS 5/12-204from Ch. 110, par. 12-204
26    735 ILCS 5/12-205from Ch. 110, par. 12-205

 

 

HB4235- 418 -LRB101 15666 AWJ 65707 b

1    740 ILCS 110/10from Ch. 91 1/2, par. 810
2    755 ILCS 50/5-20was 755 ILCS 50/5
3    755 ILCS 50/5-45was 755 ILCS 50/8
4    755 ILCS 65/5
5    755 ILCS 66/5
6    755 ILCS 66/10
7    765 ILCS 1026/15-705
8    820 ILCS 35/8from Ch. 10, par. 30
9    820 ILCS 310/12from Ch. 48, par. 172.47
10    820 ILCS 405/2500from Ch. 48, par. 740
11    30 ILCS 805/8.44 new