SB2768 103RD GENERAL ASSEMBLY

LRB103 35992 AWJ 66079 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2768

Introduced 1/17/2024, by Sen. Christopher Belt

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-3014

from Ch. 34, par. 3-3014

Amends the Coroner Division of the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by changing Section 3-3014 as follows:

(55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)

Sec. 3-3014. Autopsy to be performed by licensed physician; costs; reports. Any medical examination or autopsy conducted pursuant to this Division shall be performed by a physician duly licensed to practice medicine in all of its branches, and wherever possible by one having special training in pathology. In Class I counties, medical examinations or autopsies (including those performed on exhumed bodies) shall be performed by physicians appointed or designated by the coroner, and in Class II counties by physicians appointed or designated by the Director of Public Health upon the recommendation of the advisory board on necropsy service to coroners after the board has consulted with the elected coroner. Any autopsy performed by a physician so appointed or designated shall be deemed lawful. The cost of all autopsies, medical examinations, laboratory fees, if any, and travel expenses of the examining physician and the costs of exhuming a body under the authority of subsection (c) of Section 3-3015 shall be payable from the general fund of the county where the body is found. The examining physician shall file copies of the reports or results of his or her autopsies and medical examinations with the coroner and also with the Department of Public Health.

No coroner may perform any autopsy required or authorized by law unless the coroner is a pathologist whose services are requested by the coroner of another county.

The county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under this Section for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under this Section, except actions involving willful and wanton misconduct of the pathologist. The duty of the county to indemnify a pathologist who rendered services under this Section for a judgment recovered against the pathologist is conditioned upon receiving notice of the filing of the action as required under this paragraph. If a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. The notice must be in writing and filed in the office of the State's Attorney and in the office of the county clerk, either by the pathologist or the pathologist's agent or attorney. The notice shall state the name of the pathologist; that the pathologist has been served with process, including the date the pathologist was served; that the pathologist has been made a party defendant to an action in which it is claimed that an individual has suffered injury to the individual's body or property caused by the pathologist's conduct as an expert witness in a criminal proceeding; the title and number of the case; and the court in which the action is pending. The State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist.

(Source: P.A. 86-962; 87-317.)