Sen. Doris Turner
Filed: 3/7/2024
 
 

 
 

 
10300SB2779sam001LRB103 36619 AWJ 70692 a

1
AMENDMENT TO SENATE BILL 2779

2    AMENDMENT NO. ______. Amend Senate Bill 2779 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by adding Section 
55-1003.5 as follows:
 
6    (55 ILCS 5/5-1003.5 new)
7    Sec. 5-1003.5. Indemnification for autopsies performed by 
8physicians. A county shall indemnify and hold harmless a 
9physician who has been appointed or designated by the county 
10or the coroner's office to perform autopsies for all of the 
11physician's acts, omissions, decisions, or conduct arising out 
12of the scope of the physician's duties of performing autopsies 
13for the county, except those involving willful or wanton 
14misconduct. A physician who is made a party defendant to an 
15action arising out of the physician's acts, omissions, 
16decisions, or conduct arising out of the scope of the 
 
 
10300SB2779sam001- 2 -LRB103 36619 AWJ 70692 a

1physician's duties of performing autopsies for the county 
2shall, within 10 days after service of process upon the 
3physician, notify the county of the fact that the action has 
4been instituted and that the physician has been made a party 
5defendant to the action. The notice must be in writing and be 
6filed in the office of the State's Attorney and also in the 
7office of the county clerk either by the physician or by the 
8physician's agent or attorney. The notice shall state the name 
9of the physician, that the physician has been served with 
10process and made a party defendant to an action wherein it is 
11claimed that a person has suffered injury to the person's body 
12or property caused by that physician, the title and number of 
13the case, the court in which the action is pending, and the 
14date the physician was served with process in the action and 
15made a party defendant to the action.
16    The county that is or may be liable to indemnify the 
17physician may intervene in the action against the physician 
18and shall be permitted to appear and defend. The duty of the 
19county to indemnify any physician for any judgment recovered 
20against the physician is conditioned upon receiving notice of 
21the filing of any such action in the manner and form described 
22in this Section.".