SB0663enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning 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
10or outside the State of Illinois whether privately or publicly
11owned which offers a course in coroner training and has been
12approved by the Board.
13    "Forensic pathologist" means a board certified pathologist
14by the American Board of Pathology.
15    "Local governmental agency" means any local governmental
16unit or municipal corporation in this State. It does not
17include the State of Illinois or any office, officer,
18department, division, bureau, board, commission, or agency of
19the State.
 
20    Section 10. Board; composition; appointments; tenure;
21vacancies. The Board shall be composed of 5 members who shall
22be appointed by the Governor as follows: 2 coroners, one

 

 

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1forensic pathologist from the Cook County Medical Examiner's
2Office, one forensic pathologist from a county other than Cook
3County, and one citizen of Illinois who is not currently or was
4a coroner or forensic pathologist. The initial appointments by
5the Governor shall be made on the first Monday of August in
62016 and the initial appointments' terms shall be as follows:
7one coroner and one forensic pathologist shall be for a period
8of one year, the second coroner and the second forensic
9pathologist for 3 years, and the citizen for a period of 3
10years. Their successors shall be appointed in like manner for
11terms to expire the first Monday of August each 3 years
12thereafter. All members shall serve until their respective
13successors are appointed and qualify. Vacancies shall be filled
14by the Governor for the unexpired terms.
 
15    Section 15. Initial board meeting; election of officers.
16The initial meeting of the Board shall be held no later than
17August 31, 2016. The Board shall elect from its number a
18Chairman and Vice-Chairman, adopt rules of procedure, and shall
19meet at least 4 times each year.
20    The Board may employ an Executive Director and other
21necessary clerical and technical personnel. Special meetings
22of the Board may be called at any time by the Chairman or upon
23the request of any 2 members. The members of the Board shall
24serve without compensation but shall be entitled to
25reimbursement for their actual expenses in attending meetings

 

 

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1and in the performance of their duties hereunder from funds
2appropriated for that purpose.
 
3    Section 20. Powers of the Board. The Board has the
4following powers and duties:
5    (a) To require units of local government to furnish such
6reports and information as the Board deems necessary to fully
7implement this Act.
8    (b) To establish by rule appropriate mandatory minimum
9standards relating to the training of coroners, including, but
10not limited to, Part 1760 of Chapter V of Title 20 of the
11Illinois Administrative Code. The Board shall consult with the
12Illinois Coroners and Medical Examiners Association when
13adopting mandatory minimum standards.
14    (c) To provide appropriate certification to those coroners
15who successfully complete the prescribed minimum standard
16basic training course.
17    (d) To review and approve annual training curriculum for
18coroners.
19    (e) To review and approve applicants to ensure no applicant
20is admitted to a coroner training school unless the applicant
21is a person of good character and has not been convicted of a
22felony offense, any of the misdemeanors in Sections 11-1.50,
2311-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
2417-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
25Criminal Code of 1961 or the Criminal Code of 2012, subdivision

 

 

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1(a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of
21961 or the Criminal Code of 2012, or subsection (a) of Section
317-32 of the Criminal Code of 1961 or the Criminal Code of
42012, or Section 5 or 5.2 of the Cannabis Control Act, or a
5crime involving moral turpitude under the laws of this State or
6any other state which if committed in this State would be
7punishable as a felony or a crime of moral turpitude. The Board
8may appoint investigators who shall enforce the duties
9conferred upon the Board by this Act.
 
10    Section 25. Selection and certification of schools. The
11Board shall select and certify coroner training schools within
12or outside the State of Illinois for the purpose of providing
13basic training for coroners and of providing advanced or
14in-service training for coroners, which schools may be either
15publicly or privately owned and operated.
 
16    Section 30. Death investigation training; waiver for
17experience.
18    (a) The Board shall conduct or approve a training program
19in death investigation for the training of coroners. Only
20coroners who successfully complete the training program may be
21assigned as lead investigators in a coroner's investigations.
22Satisfactory completion of the training program shall be
23evidenced by a certificate issued to the coroner by the Board.
24    (b) The Board shall develop a process for waiver

 

 

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1applications sent from a coroner's office for those coroners
2whose prior training and experience as a death or homicide
3investigator may qualify them for a waiver. The Board may issue
4a waiver at its discretion, based solely on the prior training
5and experience of a coroner as a death or homicide
6investigator.
 
7    Section 35. Acceptance of contributions and gifts. The
8Board may accept contributions, capital grants, gifts,
9donations, services or other financial assistance from any
10individual, association, corporation, the United States of
11America and any of its agencies or instrumentalities, or any
12other organization having a legitimate interest in coroner
13training.
 
14    Section 40. The Illinois Police Training Act is amended by
15changing Sections 1 and 10.11 as follows:
 
16    (50 ILCS 705/1)  (from Ch. 85, par. 501)
17    Sec. 1. It is hereby declared as a matter of legislative
18determination that in order to promote and protect citizen
19health, safety and welfare, it is necessary and in the public
20interest to provide for the creation of the Illinois Law
21Enforcement Training Standards Board for the purpose of
22encouraging and aiding municipalities, counties, park
23districts, State controlled universities, colleges, and public

 

 

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1community colleges, and other local governmental agencies of
2this State and participating State agencies in their efforts to
3raise the level of law enforcement by upgrading and maintaining
4a high level of training and standards for law enforcement
5executives and officers, county corrections officers,
6sheriffs, county coroners, and law enforcement support
7personnel under this Act. It is declared to be the
8responsibility of the board to ensure the required
9participation of the pertinent local governmental units in the
10programs established under this Act, to encourage the voluntary
11participation of other local governmental units and
12participating State agencies, to set standards, develop and
13provide quality training and education, and to aid in the
14establishment of adequate training facilities.
15(Source: P.A. 88-586, eff. 8-12-94.)
 
16    (50 ILCS 705/10.11)
17    Sec. 10.11. Training; death and homicide investigation.
18The Illinois Law Enforcement Training and Standards Board shall
19conduct or approve a training program in death and homicide
20investigation for the training of law enforcement officers of
21local government agencies and coroners. Only law enforcement
22officers and coroners who successfully complete the training
23program may be assigned as lead investigators in death and
24homicide investigations and coroner's investigations,
25respectively. Satisfactory completion of the training program

 

 

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1shall be evidenced by a certificate issued to the law
2enforcement officer or coroner by the Illinois Law Enforcement
3Training and Standards Board.
4    The Illinois Law Enforcement Training and Standards Board
5shall develop a process for waiver applications sent by a local
6law enforcement agency administrator or from a coroner's office
7for those officers or coroners whose prior training and
8experience as homicide investigators may qualify them for a
9waiver. The Board may issue a waiver at its discretion, based
10solely on the prior training and experience of an officer or a
11coroner as a homicide investigator. This Section does not
12affect or impede the powers of the office of the coroner to
13investigate all deaths as provided in Division 3-3 of the
14Counties Code and the Coroner Training Board Act.
15(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12;
1697-1009, eff. 1-1-13.)
 
17    Section 45. The Counties Code is amended by changing
18Section 3-3001 as follows:
 
19    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)
20    Sec. 3-3001. Commission; training; duties performed by
21other county officer.
22    (a) Every coroner shall be commissioned by the Governor,
23but no commission shall issue except upon the certificate of
24the county clerk of the proper county of the due election or

 

 

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1appointment of the coroner and that the coroner has filed his
2or her bond and taken the oath of office as provided in this
3Division.
4    (b) (1) Within 30 days of assuming office, a coroner
5    elected to that office for the first time shall apply for
6    admission to the Coroner Training Board Illinois Law
7    Enforcement Training Standards Board coroners training
8    program. Completion of the training program shall be within
9    6 months of application. Any coroner may direct the chief
10    deputy coroner or a deputy coroner, or both, to attend the
11    training program, provided the coroner has completed the
12    training program. Satisfactory completion of the program
13    shall be evidenced by a certificate issued to the coroner
14    by the Coroner Training Board Illinois Law Enforcement
15    Training Standards Board. All coroners shall complete the
16    training program at least once while serving as coroner.
17        (2) In developing the coroner training program, the
18    Coroner Training Board Illinois Law Enforcement Training
19    Standards Board shall consult with the Illinois Coroners
20    and Medical Examiners Association or other organization as
21    approved by the Coroner Training Board and the Illinois
22    Necropsy Board.
23        (3) The Coroner Training Board Illinois Law
24    Enforcement Training Standards Board shall notify the
25    proper county board of the failure by a coroner to
26    successfully complete this training program.

 

 

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1    (c) Every coroner shall attend at least 24 hours of
2accredited continuing education for coroners in each calendar
3year.
4    (d) In all counties that provide by resolution for the
5elimination of the office of coroner pursuant to a referendum,
6the resolution may also provide, as part of the same
7proposition, that the duties of the coroner be taken over by
8another county officer specified by the resolution and
9proposition.
10(Source: P.A. 87-255; 88-586, eff. 8-12-94.)
 
11    Section 50. The Vital Records Act is amended by changing
12Section 25.5 as follows:
 
13    (410 ILCS 535/25.5)
14    Sec. 25.5. Death Certificate Surcharge Fund. The
15additional $2 fee for certified copies of death certificates
16and fetal death certificates must be deposited into the Death
17Certificate Surcharge Fund, a special fund created in the State
18treasury. Beginning 30 days after the effective date of this
19amendatory Act of the 92nd General Assembly and until January
201, 2003 and then beginning again on July 1, 2003 and until July
211, 2005, moneys in the Fund, subject to appropriation, may be
22used by the Department for the purpose of implementing an
23electronic reporting system for death registrations as
24provided in Section 18.5 of this Act. Before the effective date

 

 

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1of this amendatory Act of the 92nd General Assembly, on and
2after January 1, 2003 and until July 1, 2003, and on and after
3July 1, 2005, moneys in the Fund, subject to appropriations,
4may be used as follows: (i) 25% by the Coroner Training Board
5Illinois Law Enforcement Training Standards Board for the
6purpose of training coroners, deputy coroners, forensic
7pathologists, and police officers for death homicide
8investigations and lodging and travel expenses relating to
9training, (ii) 25% for grants by the Department of Public
10Health for distribution to all local county coroners and
11medical examiners or officials charged with the duties set
12forth under Division 3-3 of the Counties Code, who have a
13different title, for equipment and lab facilities, (iii) 25% by
14the Department of Public Health for the purpose of setting up a
15statewide database of death certificates and implementing an
16electronic reporting system for death registrations pursuant
17to Section 18.5, and (iv) 25% for a grant by the Department of
18Public Health to local registrars.
19(Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45,
207-1-03.)