Illinois General Assembly - Full Text of HB4054
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Full Text of HB4054  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Dan Brady


New Act
50 ILCS 705/1  from Ch. 85, par. 501
50 ILCS 705/10.11
55 ILCS 5/3-3001  from Ch. 34, par. 3-3001
410 ILCS 535/25.5

    Creates the Coroner Training Board Act. Creates the Coroner Training Board which will have the power to establish application, training, and certification standards for coroners, and to review and approve annual training curriculum for coroners. Provides that the new Board will select and certify coroner training schools, shall conduct or approve a training program in death investigation for the training of coroners, and be allowed to accept contributions and gifts from any organization having a legitimate interest in coroner training. Amends the Illinois Police Training Act and the Counties Code removing the Illinois Law Enforcement Training Standards Board from overseeing coroner training and replacing with the Coroner Training Board. Amends the Vital Records Act providing that 25% of the Death Certificate Surcharge Fund may be used by the Coroner Training Board (currently the Illinois Law Enforcement Training Standards Board) for the purpose of training coroners, deputy coroners, and forensic pathologists, and police officers for death (currently homicide) investigations and lodging and travel expenses relating to training.

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HB4054LRB099 09678 AWJ 29887 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 1. Short title. This Act may be cited as the
5Coroner Training Board Act.
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Coroner Training Board.
8    "Coroner" means coroners and deputy coroners.
9    "Coroner training school" means any school located within
10the State of Illinois whether privately or publicly owned which
11offers a course in coroner training and has been approved by
12the Board.
13    "Local governmental agency" means any local governmental
14unit or municipal corporation in this State. It does not
15include the State of Illinois or any office, officer,
16department, division, bureau, board, commission, or agency of
17the State.
18    Section 10. Board; composition; appointments; tenure;
19vacancies. The Board shall be composed of 5 members who shall
20be appointed by the Governor as follows: 2 coroners, one
21pathologist from the Cook County Medical Examiner's Office, one
22pathologist from a county other than Cook County, and one



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1citizen of Illinois who is not currently or was a coroner or
2pathologist. The initial appointments by the Governor shall be
3made on the first Monday of August in 2016 and the initial
4appointments' terms shall be as follows: one coroner and one
5pathologist shall be for a period of one year, the second
6coroner and the second pathologist for 3 years, and the citizen
7for a period of 3 years. Their successors shall be appointed in
8like manner for terms to expire the first Monday of August each
93 years thereafter. All members shall serve until their
10respective successors are appointed and qualify. Vacancies
11shall be filled by the Governor for the unexpired terms.
12    Section 15. Initial board meeting; election of officers.
13The initial meeting of the Board shall be held no later than
14August 31, 2016. The Board shall elect from its number a
15Chairman and Vice-Chairman, adopt rules of procedure, and shall
16meet at least 4 times each year.
17    The Board may employ an Executive Director and other
18necessary clerical and technical personnel. Special meetings
19of the Board may be called at any time by the Chairman or upon
20the request of any 2 members. The members of the Board shall
21serve without compensation but shall be entitled to
22reimbursement for their actual expenses in attending meetings
23and in the performance of their duties hereunder from funds
24appropriated for that purpose.



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1    Section 20. Powers of the Board. The Board has the
2following powers and duties:
3    (a) To require units of local governmental to furnish such
4reports and information as the Board deems necessary to fully
5implement this Act.
6    (b) To establish by rule appropriate mandatory minimum
7standards relating to the training of coroners, including, but
8not limited to, Part 1760 of Chapter V of Title 20 of the
9Illinois Administrative Code.
10    (c) To provide appropriate certification to those coroners
11who successfully complete the prescribed minimum standard
12basic training course.
13    (d) To review and approve annual training curriculum for
15    (e) To review and approve applicants to ensure no applicant
16is admitted to a coroner training school unless the applicant
17is a person of good character and has not been convicted of a
18felony offense, any of the misdemeanors in Sections 11-1.50,
1911-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
2017-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
21Criminal Code of 1961 or the Criminal Code of 2012, subdivision
22(a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of
231961 or the Criminal Code of 2012, or subsection (a) of Section
2417-32 of the Criminal Code of 1961 or the Criminal Code of
252012, or Section 5 or 5.2 of the Cannabis Control Act, or a
26crime involving moral turpitude under the laws of this State or



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1any other state which if committed in this State would be
2punishable as a felony or a crime of moral turpitude. The Board
3may appoint investigators who shall enforce the duties
4conferred upon the Board by this Act.
5    Section 25. Selection and certification of schools. The
6Board shall select and certify coroner training schools within
7the State of Illinois for the purpose of providing basic
8training for coroners and of providing advanced or in-service
9training for coroners, which schools may be either publicly or
10privately owned and operated.
11    Section 30. Training; death investigation. The Board shall
12conduct or approve a training program in death investigation
13for the training of coroners. Only coroners who successfully
14complete the training program may be assigned in coroner's
15investigations. Satisfactory completion of the training
16program shall be evidenced by a certificate issued to the
17coroner by the Board.
18    Section 35. Acceptance of contributions and gifts. The
19Board may accept contributions, capital grants, gifts,
20donations, services or other financial assistance from any
21individual, association, corporation, the United States of
22America and any of its agencies or instrumentalities, or any
23other organization having a legitimate interest in coroner



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2    Section 40. The Illinois Police Training Act is amended by
3changing Sections 1 and 10.11 as follows:
4    (50 ILCS 705/1)  (from Ch. 85, par. 501)
5    Sec. 1. It is hereby declared as a matter of legislative
6determination that in order to promote and protect citizen
7health, safety and welfare, it is necessary and in the public
8interest to provide for the creation of the Illinois Law
9Enforcement Training Standards Board for the purpose of
10encouraging and aiding municipalities, counties, park
11districts, State controlled universities, colleges, and public
12community colleges, and other local governmental agencies of
13this State and participating State agencies in their efforts to
14raise the level of law enforcement by upgrading and maintaining
15a high level of training and standards for law enforcement
16executives and officers, county corrections officers,
17sheriffs, county coroners, and law enforcement support
18personnel under this Act. It is declared to be the
19responsibility of the board to ensure the required
20participation of the pertinent local governmental units in the
21programs established under this Act, to encourage the voluntary
22participation of other local governmental units and
23participating State agencies, to set standards, develop and
24provide quality training and education, and to aid in the



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1establishment of adequate training facilities.
2(Source: P.A. 88-586, eff. 8-12-94.)
3    (50 ILCS 705/10.11)
4    Sec. 10.11. Training; death and homicide investigation.
5The Illinois Law Enforcement Training and Standards Board shall
6conduct or approve a training program in death and homicide
7investigation for the training of law enforcement officers of
8local government agencies and coroners. Only law enforcement
9officers and coroners who successfully complete the training
10program may be assigned as lead investigators in death and
11homicide investigations and coroner's investigations,
12respectively. Satisfactory completion of the training program
13shall be evidenced by a certificate issued to the law
14enforcement officer or coroner by the Illinois Law Enforcement
15Training and Standards Board.
16    The Illinois Law Enforcement Training and Standards Board
17shall develop a process for waiver applications sent by a local
18law enforcement agency administrator or from a coroner's office
19for those officers or coroners whose prior training and
20experience as homicide investigators may qualify them for a
21waiver. The Board may issue a waiver at its discretion, based
22solely on the prior training and experience of an officer or a
23coroner as a homicide investigator. This Section does not
24affect or impede the powers of the office of the coroner to
25investigate all deaths as provided in Division 3-3 of the



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1Counties Code.
2(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12;
397-1009, eff. 1-1-13.)
4    Section 45. The Counties Code is amended by changing
5Section 3-3001 as follows:
6    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)
7    Sec. 3-3001. Commission; training; duties performed by
8other county officer.
9    (a) Every coroner shall be commissioned by the Governor,
10but no commission shall issue except upon the certificate of
11the county clerk of the proper county of the due election or
12appointment of the coroner and that the coroner has filed his
13or her bond and taken the oath of office as provided in this
15    (b) (1) Within 30 days of assuming office, a coroner
16    elected to that office for the first time shall apply for
17    admission to the Coroner Training Board Illinois Law
18    Enforcement Training Standards Board coroners training
19    program. Completion of the training program shall be within
20    6 months of application. Any coroner may direct the chief
21    deputy coroner or a deputy coroner, or both, to attend the
22    training program, provided the coroner has completed the
23    training program. Satisfactory completion of the program
24    shall be evidenced by a certificate issued to the coroner



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1    by the Coroner Training Board Illinois Law Enforcement
2    Training Standards Board. All coroners shall complete the
3    training program at least once while serving as coroner.
4        (2) In developing the coroner training program, the
5    Coroner Training Board Illinois Law Enforcement Training
6    Standards Board shall consult with the Illinois Coroners
7    and Medical Examiners Association or other organization as
8    approved by the Coroner Training Board and the Illinois
9    Necropsy Board.
10        (3) The Coroner Training Board Illinois Law
11    Enforcement Training Standards Board shall notify the
12    proper county board of the failure by a coroner to
13    successfully complete this training program.
14    (c) Every coroner shall attend at least 24 hours of
15accredited continuing education for coroners in each calendar
17    (d) In all counties that provide by resolution for the
18elimination of the office of coroner pursuant to a referendum,
19the resolution may also provide, as part of the same
20proposition, that the duties of the coroner be taken over by
21another county officer specified by the resolution and
23(Source: P.A. 87-255; 88-586, eff. 8-12-94.)
24    Section 50. The Vital Records Act is amended by changing
25Section 25.5 as follows:



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1    (410 ILCS 535/25.5)
2    Sec. 25.5. Death Certificate Surcharge Fund. The
3additional $2 fee for certified copies of death certificates
4and fetal death certificates must be deposited into the Death
5Certificate Surcharge Fund, a special fund created in the State
6treasury. Beginning 30 days after the effective date of this
7amendatory Act of the 92nd General Assembly and until January
81, 2003 and then beginning again on July 1, 2003 and until July
91, 2005, moneys in the Fund, subject to appropriation, may be
10used by the Department for the purpose of implementing an
11electronic reporting system for death registrations as
12provided in Section 18.5 of this Act. Before the effective date
13of this amendatory Act of the 92nd General Assembly, on and
14after January 1, 2003 and until July 1, 2003, and on and after
15July 1, 2005, moneys in the Fund, subject to appropriations,
16may be used as follows: (i) 25% by the Coroner Training Board
17Illinois Law Enforcement Training Standards Board for the
18purpose of training coroners, deputy coroners, forensic
19pathologists, and police officers for death homicide
20investigations and lodging and travel expenses relating to
21training, (ii) 25% for grants by the Department of Public
22Health for distribution to all local county coroners and
23medical examiners or officials charged with the duties set
24forth under Division 3-3 of the Counties Code, who have a
25different title, for equipment and lab facilities, (iii) 25% by



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1the Department of Public Health for the purpose of setting up a
2statewide database of death certificates and implementing an
3electronic reporting system for death registrations pursuant
4to Section 18.5, and (iv) 25% for a grant by the Department of
5Public Health to local registrars.
6(Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45,