Full Text of SB1086 103rd General Assembly
SB1086sam001 103RD GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/13/2023
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| 1 | | AMENDMENT TO SENATE BILL 1086
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1086 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 3-3013 as follows:
| 6 | | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| 7 | | (Text of Section before amendment by P.A. 102-982 )
| 8 | | Sec. 3-3013. Preliminary investigations; blood and urine | 9 | | analysis;
summoning jury; reports. Every coroner, whenever, | 10 | | as soon as he knows or is
informed that the dead body of any | 11 | | person is found, or lying within his
county, whose death is | 12 | | suspected of being:
| 13 | | (a) A sudden or violent death, whether apparently | 14 | | suicidal,
homicidal , or accidental, including , but not | 15 | | limited to , deaths apparently
caused or contributed to by | 16 | | thermal, traumatic, chemical, electrical , or
radiational |
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| 1 | | injury, or a complication of any of them, or by drowning or
| 2 | | suffocation, or as a result of domestic violence as | 3 | | defined in the Illinois
Domestic
Violence Act of 1986;
| 4 | | (b) A death due to a
sex crime;
| 5 | | (c) A death where the circumstances are suspicious, | 6 | | obscure,
mysterious , or otherwise unexplained or where, in | 7 | | the written opinion of
the attending physician, the cause | 8 | | of death is not determined;
| 9 | | (d) A death where addiction to alcohol or to any drug | 10 | | may have been
a contributory cause; or
| 11 | | (e) A death where the decedent was not attended by a | 12 | | licensed
physician;
| 13 | | shall go to the place where the dead body is , and take charge | 14 | | of the
same and shall make a preliminary investigation into | 15 | | the circumstances
of the death. In the case of death without | 16 | | attendance by a licensed
physician , the body may be moved with | 17 | | the coroner's consent from the
place of death to a mortuary in | 18 | | the same county. Coroners in their
discretion shall notify | 19 | | such physician as is designated in accordance
with Section | 20 | | 3-3014 to attempt to ascertain the cause of death, either by
| 21 | | autopsy or otherwise.
| 22 | | In cases of accidental death involving a motor vehicle in | 23 | | which the
decedent was (1) the operator or a suspected | 24 | | operator of a motor
vehicle, or (2) a pedestrian 16 years of | 25 | | age or older, the coroner shall
require that a blood specimen | 26 | | of at least 30 cc., and if medically
possible a urine specimen |
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| 1 | | of at least 30 cc. or as much as possible up
to 30 cc., be | 2 | | withdrawn from the body of the decedent in a timely fashion | 3 | | after
the accident causing his death, by such physician as has | 4 | | been designated
in accordance with Section 3-3014, or by the | 5 | | coroner or deputy coroner or
a qualified person designated by | 6 | | such physician, coroner, or deputy coroner. If the county
does | 7 | | not maintain laboratory facilities for making such analysis, | 8 | | the
blood and urine so drawn shall be sent to the Illinois | 9 | | State Police or any other accredited or State-certified | 10 | | laboratory
for analysis of the alcohol, carbon monoxide, and | 11 | | dangerous or
narcotic drug content of such blood and urine | 12 | | specimens. Each specimen
submitted shall be accompanied by | 13 | | pertinent information concerning the
decedent upon a form | 14 | | prescribed by such laboratory. Any
person drawing blood and | 15 | | urine and any person making any examination of
the blood and | 16 | | urine under the terms of this Division shall be immune from all
| 17 | | liability, civil or criminal, that might otherwise be incurred | 18 | | or
imposed.
| 19 | | In all other cases coming within the jurisdiction of the | 20 | | coroner and
referred to in subparagraphs (a) through (e) | 21 | | above, blood, and , whenever
possible, urine samples shall be | 22 | | analyzed for the presence of alcohol
and other drugs. When the | 23 | | coroner suspects that drugs may have been
involved in the | 24 | | death, either directly or indirectly, a toxicological
| 25 | | examination shall be performed which may include analyses of | 26 | | blood, urine,
bile, gastric contents , and other tissues. When |
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| 1 | | the coroner suspects
a death is due to toxic substances, other | 2 | | than drugs, the coroner shall
consult with the toxicologist | 3 | | prior to collection of samples. Information
submitted to the | 4 | | toxicologist shall include information as to height,
weight, | 5 | | age, sex , and race of the decedent as well as medical history,
| 6 | | medications used by , and the manner of death of the decedent.
| 7 | | When the coroner or medical examiner finds that the cause | 8 | | of death is due to homicidal means, the coroner or medical | 9 | | examiner shall cause blood and buccal specimens (tissue may be | 10 | | submitted if no uncontaminated blood or buccal specimen can be | 11 | | obtained), whenever possible, to be withdrawn from the body of | 12 | | the decedent in a timely fashion. For proper preservation of | 13 | | the specimens, collected blood and buccal specimens shall be | 14 | | dried and tissue specimens shall be frozen if available | 15 | | equipment exists. As soon as possible, but no later than 30 | 16 | | days after the collection of the specimens, the coroner or | 17 | | medical examiner shall release those specimens to the police | 18 | | agency responsible for investigating the death. As soon as | 19 | | possible, but no later than 30 days after the receipt from the | 20 | | coroner or medical examiner, the police agency shall submit | 21 | | the specimens using the agency case number to a National DNA | 22 | | Index System (NDIS) participating laboratory within this | 23 | | State, such as the Illinois State Police, Division of Forensic | 24 | | Services, for analysis and categorizing into genetic marker | 25 | | groupings. The results of the analysis and categorizing into | 26 | | genetic marker groupings shall be provided to the Illinois |
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| 1 | | State Police and shall be maintained by the Illinois State | 2 | | Police in the State central repository in the same manner, and | 3 | | subject to the same conditions, as provided in Section 5-4-3 | 4 | | of the Unified Code of Corrections. The requirements of this | 5 | | paragraph are in addition to any other findings, specimens, or | 6 | | information that the coroner or medical examiner is required | 7 | | to provide during the conduct of a criminal investigation.
| 8 | | In all counties, in cases of apparent
suicide, homicide, | 9 | | or accidental death or in other cases, within the
discretion | 10 | | of the coroner, the coroner may summon 8 persons of lawful age
| 11 | | from those persons drawn for petit jurors in the county. The | 12 | | summons shall
command these persons to present themselves | 13 | | personally at such a place and
time as the coroner shall | 14 | | determine, and may be in any form which the
coroner shall | 15 | | determine and may incorporate any reasonable form of request
| 16 | | for acknowledgment which the coroner deems practical and | 17 | | provides a
reliable proof of service. The summons may be | 18 | | served by first class mail.
From the 8 persons so summoned, the | 19 | | coroner shall select 6 to serve as the
jury for the inquest. | 20 | | Inquests may be continued from time
to time, as the coroner may | 21 | | deem necessary. The 6 jurors selected in
a given case may view | 22 | | the body of the deceased.
If at any continuation of an inquest | 23 | | one or more of the original jurors
shall be unable to continue | 24 | | to serve, the coroner shall fill the vacancy or
vacancies. A | 25 | | juror serving pursuant to this paragraph shall receive
| 26 | | compensation from the county at the same rate as the rate of |
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| 1 | | compensation
that is paid to petit or grand jurors in the | 2 | | county. The coroner shall
furnish to each juror without fee at | 3 | | the time of his discharge a
certificate of the number of days | 4 | | in attendance at an inquest, and, upon
being presented with | 5 | | such certificate, the county treasurer shall pay to
the juror | 6 | | the sum provided for his services.
| 7 | | In counties which have a jury commission, in cases of | 8 | | apparent suicide or
homicide or of accidental death, the | 9 | | coroner may conduct an inquest. The jury commission shall | 10 | | provide
at least 8 jurors to the coroner, from whom the coroner | 11 | | shall select any 6
to serve as the jury for the inquest. | 12 | | Inquests may be continued from time
to time as the coroner may | 13 | | deem necessary. The 6 jurors originally chosen
in a given case | 14 | | may view the body of the deceased. If at any continuation
of an | 15 | | inquest one or more of the 6 jurors originally chosen shall be | 16 | | unable
to continue to serve, the coroner shall fill the | 17 | | vacancy or vacancies. At
the coroner's discretion, additional | 18 | | jurors to fill such vacancies shall be
supplied by the jury | 19 | | commission. A juror serving pursuant to this
paragraph in such | 20 | | county shall receive compensation from the county at the
same | 21 | | rate as the rate of compensation that is paid to petit or grand | 22 | | jurors
in the county.
| 23 | | In every case in which a fire is determined to be
a
| 24 | | contributing factor in a death, the coroner shall report the | 25 | | death to the
Office of the State Fire Marshal. The coroner | 26 | | shall provide a copy of the death certificate (i) within 30 |
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| 1 | | days after filing the permanent death certificate and (ii) in | 2 | | a manner that is agreed upon by the coroner and the State Fire | 3 | | Marshal. | 4 | | In every case in which a drug overdose is determined to be | 5 | | the cause or a contributing factor in the death, the coroner or | 6 | | medical examiner shall report the death to the Department of | 7 | | Public Health. The Department of Public Health shall adopt | 8 | | rules regarding specific information that must be reported in | 9 | | the event of such a death. If possible, the coroner shall | 10 | | report the cause of the overdose. As used in this Section, | 11 | | "overdose" has the same meaning as it does in Section 414 of | 12 | | the Illinois Controlled Substances Act. The Department of | 13 | | Public Health shall issue a semiannual report to the General | 14 | | Assembly summarizing the reports received. The Department | 15 | | shall also provide on its website a monthly report of overdose | 16 | | death figures organized by location, age, and any other | 17 | | factors , the Department deems appropriate. | 18 | | In addition, in every case in which domestic violence is | 19 | | determined to be
a
contributing factor in a death, the coroner | 20 | | shall report the death to the
Illinois State Police.
| 21 | | All deaths in State institutions and all deaths of wards | 22 | | of the State or youth in care as defined in Section 4d of the | 23 | | Children and Family Services Act in
private care facilities or | 24 | | in programs funded by the Department of Human
Services under | 25 | | its powers relating to mental health and developmental
| 26 | | disabilities or alcoholism and substance
abuse or funded by |
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| 1 | | the Department of Children and Family Services shall
be | 2 | | reported to the coroner of the county in which the facility is
| 3 | | located. If the coroner has reason to believe that an | 4 | | investigation is
needed to determine whether the death was | 5 | | caused by maltreatment or
negligent care of the ward of the | 6 | | State or youth in care as defined in Section 4d of the Children | 7 | | and Family Services Act, the coroner may conduct a
preliminary | 8 | | investigation of the circumstances of such death as in cases | 9 | | of
death under circumstances set forth in subparagraphs | 10 | | paragraphs (a) through (e) of this
Section.
| 11 | | (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21; | 12 | | revised 8-23-22.)
| 13 | | (Text of Section after amendment by P.A. 102-982 )
| 14 | | Sec. 3-3013. Preliminary investigations; blood and urine | 15 | | analysis;
summoning jury; reports. Every coroner, whenever, | 16 | | as soon as he knows or is
informed that the dead body of any | 17 | | person is found, or lying within his
county, whose death is | 18 | | suspected of being:
| 19 | | (a) A sudden or violent death, whether apparently | 20 | | suicidal,
homicidal , or accidental, including , but not | 21 | | limited to , deaths apparently
caused or contributed to by | 22 | | thermal, traumatic, chemical, electrical , or
radiational | 23 | | injury, or a complication of any of them, or by drowning or
| 24 | | suffocation, or as a result of domestic violence as | 25 | | defined in the Illinois
Domestic
Violence Act of 1986;
|
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| 1 | | (b) A death due to a
sex crime;
| 2 | | (c) A death where the circumstances are suspicious, | 3 | | obscure,
mysterious , or otherwise unexplained or where, in | 4 | | the written opinion of
the attending physician, the cause | 5 | | of death is not determined;
| 6 | | (d) A death where addiction to alcohol or to any drug | 7 | | may have been
a contributory cause; or
| 8 | | (e) A death where the decedent was not attended by a | 9 | | licensed
physician;
| 10 | | shall go to the place where the dead body is , and take charge | 11 | | of the
same and shall make a preliminary investigation into | 12 | | the circumstances
of the death. In the case of death without | 13 | | attendance by a licensed
physician , the body may be moved with | 14 | | the coroner's consent from the
place of death to a mortuary in | 15 | | the same county. Coroners in their
discretion shall notify | 16 | | such physician as is designated in accordance
with Section | 17 | | 3-3014 to attempt to ascertain the cause of death, either by
| 18 | | autopsy or otherwise.
| 19 | | In cases of accidental death involving a motor vehicle in | 20 | | which the
decedent was (1) the operator or a suspected | 21 | | operator of a motor
vehicle, or (2) a pedestrian 16 years of | 22 | | age or older, the coroner shall
require that a blood specimen | 23 | | of at least 30 cc., and if medically
possible a urine specimen | 24 | | of at least 30 cc. or as much as possible up
to 30 cc., be | 25 | | withdrawn from the body of the decedent in a timely fashion | 26 | | after
the crash causing his death, by such physician as has |
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| 1 | | been designated
in accordance with Section 3-3014, or by the | 2 | | coroner or deputy coroner or
a qualified person designated by | 3 | | such physician, coroner, or deputy coroner. If the county
does | 4 | | not maintain laboratory facilities for making such analysis, | 5 | | the
blood and urine so drawn shall be sent to the Illinois | 6 | | State Police or any other accredited or State-certified | 7 | | laboratory
for analysis of the alcohol, carbon monoxide, and | 8 | | dangerous or
narcotic drug content of such blood and urine | 9 | | specimens. Each specimen
submitted shall be accompanied by | 10 | | pertinent information concerning the
decedent upon a form | 11 | | prescribed by such laboratory. Any
person drawing blood and | 12 | | urine and any person making any examination of
the blood and | 13 | | urine under the terms of this Division shall be immune from all
| 14 | | liability, civil or criminal, that might otherwise be incurred | 15 | | or
imposed.
| 16 | | In all other cases coming within the jurisdiction of the | 17 | | coroner and
referred to in subparagraphs (a) through (e) | 18 | | above, blood, and , whenever
possible, urine samples shall be | 19 | | analyzed for the presence of alcohol
and other drugs. When the | 20 | | coroner suspects that drugs may have been
involved in the | 21 | | death, either directly or indirectly, a toxicological
| 22 | | examination shall be performed which may include analyses of | 23 | | blood, urine,
bile, gastric contents , and other tissues. When | 24 | | the coroner suspects
a death is due to toxic substances, other | 25 | | than drugs, the coroner shall
consult with the toxicologist | 26 | | prior to collection of samples. Information
submitted to the |
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| 1 | | toxicologist shall include information as to height,
weight, | 2 | | age, sex , and race of the decedent as well as medical history,
| 3 | | medications used by , and the manner of death of the decedent.
| 4 | | When the coroner or medical examiner finds that the cause | 5 | | of death is due to homicidal means, the coroner or medical | 6 | | examiner shall cause blood and buccal specimens (tissue may be | 7 | | submitted if no uncontaminated blood or buccal specimen can be | 8 | | obtained), whenever possible, to be withdrawn from the body of | 9 | | the decedent in a timely fashion. For proper preservation of | 10 | | the specimens, collected blood and buccal specimens shall be | 11 | | dried and tissue specimens shall be frozen if available | 12 | | equipment exists. As soon as possible, but no later than 30 | 13 | | days after the collection of the specimens, the coroner or | 14 | | medical examiner shall release those specimens to the police | 15 | | agency responsible for investigating the death. As soon as | 16 | | possible, but no later than 30 days after the receipt from the | 17 | | coroner or medical examiner, the police agency shall submit | 18 | | the specimens using the agency case number to a National DNA | 19 | | Index System (NDIS) participating laboratory within this | 20 | | State, such as the Illinois State Police, Division of Forensic | 21 | | Services, for analysis and categorizing into genetic marker | 22 | | groupings. The results of the analysis and categorizing into | 23 | | genetic marker groupings shall be provided to the Illinois | 24 | | State Police and shall be maintained by the Illinois State | 25 | | Police in the State central repository in the same manner, and | 26 | | subject to the same conditions, as provided in Section 5-4-3 |
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| 1 | | of the Unified Code of Corrections. The requirements of this | 2 | | paragraph are in addition to any other findings, specimens, or | 3 | | information that the coroner or medical examiner is required | 4 | | to provide during the conduct of a criminal investigation.
| 5 | | In all counties, in cases of apparent
suicide, homicide, | 6 | | or accidental death or in other cases, within the
discretion | 7 | | of the coroner, the coroner may summon 8 persons of lawful age
| 8 | | from those persons drawn for petit jurors in the county. The | 9 | | summons shall
command these persons to present themselves | 10 | | personally at such a place and
time as the coroner shall | 11 | | determine, and may be in any form which the
coroner shall | 12 | | determine and may incorporate any reasonable form of request
| 13 | | for acknowledgment which the coroner deems practical and | 14 | | provides a
reliable proof of service. The summons may be | 15 | | served by first class mail.
From the 8 persons so summoned, the | 16 | | coroner shall select 6 to serve as the
jury for the inquest. | 17 | | Inquests may be continued from time
to time, as the coroner may | 18 | | deem necessary. The 6 jurors selected in
a given case may view | 19 | | the body of the deceased.
If at any continuation of an inquest | 20 | | one or more of the original jurors
shall be unable to continue | 21 | | to serve, the coroner shall fill the vacancy or
vacancies. A | 22 | | juror serving pursuant to this paragraph shall receive
| 23 | | compensation from the county at the same rate as the rate of | 24 | | compensation
that is paid to petit or grand jurors in the | 25 | | county. The coroner shall
furnish to each juror without fee at | 26 | | the time of his discharge a
certificate of the number of days |
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| 1 | | in attendance at an inquest, and, upon
being presented with | 2 | | such certificate, the county treasurer shall pay to
the juror | 3 | | the sum provided for his services.
| 4 | | In counties which have a jury commission, in cases of | 5 | | apparent suicide or
homicide or of accidental death, the | 6 | | coroner may conduct an inquest. The jury commission shall | 7 | | provide
at least 8 jurors to the coroner, from whom the coroner | 8 | | shall select any 6
to serve as the jury for the inquest. | 9 | | Inquests may be continued from time
to time as the coroner may | 10 | | deem necessary. The 6 jurors originally chosen
in a given case | 11 | | may view the body of the deceased. If at any continuation
of an | 12 | | inquest one or more of the 6 jurors originally chosen shall be | 13 | | unable
to continue to serve, the coroner shall fill the | 14 | | vacancy or vacancies. At
the coroner's discretion, additional | 15 | | jurors to fill such vacancies shall be
supplied by the jury | 16 | | commission. A juror serving pursuant to this
paragraph in such | 17 | | county shall receive compensation from the county at the
same | 18 | | rate as the rate of compensation that is paid to petit or grand | 19 | | jurors
in the county.
| 20 | | In every case in which a fire is determined to be
a
| 21 | | contributing factor in a death, the coroner shall report the | 22 | | death to the
Office of the State Fire Marshal. The coroner | 23 | | shall provide a copy of the death certificate (i) within 30 | 24 | | days after filing the permanent death certificate and (ii) in | 25 | | a manner that is agreed upon by the coroner and the State Fire | 26 | | Marshal. |
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| 1 | | In every case in which a drug overdose is determined to be | 2 | | the cause or a contributing factor in the death, the coroner or | 3 | | medical examiner shall report the death to the Department of | 4 | | Public Health. The Department of Public Health shall adopt | 5 | | rules regarding specific information that must be reported in | 6 | | the event of such a death. If possible, the coroner shall | 7 | | report the cause of the overdose. As used in this Section, | 8 | | "overdose" has the same meaning as it does in Section 414 of | 9 | | the Illinois Controlled Substances Act , but does not include | 10 | | any cause of death caused by fentanyl, which shall be | 11 | | considered poisoning. In every case in which fentanyl is | 12 | | determined to be the cause or a contributing factor in the | 13 | | death, the corner or medical examiner shall report the death | 14 | | to the Department of Public Health as "fentanyl poisoning" . | 15 | | The Department of Public Health shall issue a semiannual | 16 | | report to the General Assembly summarizing the reports | 17 | | received. The Department shall also provide on its website a | 18 | | monthly report of overdose death and fentanyl poisoning death | 19 | | figures organized by location, age, and any other factors , the | 20 | | Department deems appropriate. | 21 | | In addition, in every case in which domestic violence is | 22 | | determined to be
a
contributing factor in a death, the coroner | 23 | | shall report the death to the
Illinois State Police.
| 24 | | All deaths in State institutions and all deaths of wards | 25 | | of the State or youth in care as defined in Section 4d of the | 26 | | Children and Family Services Act in
private care facilities or |
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| 1 | | in programs funded by the Department of Human
Services under | 2 | | its powers relating to mental health and developmental
| 3 | | disabilities or alcoholism and substance
abuse or funded by | 4 | | the Department of Children and Family Services shall
be | 5 | | reported to the coroner of the county in which the facility is
| 6 | | located. If the coroner has reason to believe that an | 7 | | investigation is
needed to determine whether the death was | 8 | | caused by maltreatment or
negligent care of the ward of the | 9 | | State or youth in care as defined in Section 4d of the Children | 10 | | and Family Services Act, the coroner may conduct a
preliminary | 11 | | investigation of the circumstances of such death as in cases | 12 | | of
death under circumstances set forth in subparagraphs | 13 | | paragraphs (a) through (e) of this
Section.
| 14 | | (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21; | 15 | | 102-982, eff. 7-1-23; revised 8-23-22.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.".
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