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| Public Act 103-0842 | ||||
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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 3-3013 as follows: | ||||
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) | ||||
Sec. 3-3013. Preliminary investigations; blood and urine | ||||
analysis; summoning jury; reports. Every coroner, whenever, | ||||
as soon as he knows or is informed that the dead body of any | ||||
person is found, or lying within his county, whose death is | ||||
suspected of being: | ||||
(a) A sudden or violent death, whether apparently | ||||
suicidal, homicidal, or accidental, including, but not | ||||
limited to, deaths apparently caused or contributed to by | ||||
thermal, traumatic, chemical, electrical, or radiational | ||||
injury, or a complication of any of them, or by drowning or | ||||
suffocation, or as a result of domestic violence as | ||||
defined in the Illinois Domestic Violence Act of 1986; | ||||
(b) A death due to a sex crime; | ||||
(c) A death where the circumstances are suspicious, | ||||
obscure, mysterious, or otherwise unexplained or where, in | ||||
the written opinion of the attending physician, the cause | ||||
of death is not determined; | ||||
(d) A death where addiction to alcohol or to any drug | ||
may have been a contributory cause; or | ||
(e) A death where the decedent was not attended by a | ||
licensed physician; | ||
shall go to the place where the dead body is and take charge of | ||
the same and shall make a preliminary investigation into the | ||
circumstances of the death. In the case of death without | ||
attendance by a licensed physician, the body may be moved with | ||
the coroner's consent from the place of death to a mortuary in | ||
the same county. Coroners in their discretion shall notify | ||
such physician as is designated in accordance with Section | ||
3-3014 to attempt to ascertain the cause of death, either by | ||
autopsy or otherwise. | ||
In cases of accidental death involving a motor vehicle in | ||
which the decedent was (1) the operator or a suspected | ||
operator of a motor vehicle, or (2) a pedestrian 16 years of | ||
age or older, the coroner shall require that a blood specimen | ||
of at least 30 cc., and if medically possible a urine specimen | ||
of at least 30 cc. or as much as possible up to 30 cc., be | ||
withdrawn from the body of the decedent in a timely fashion | ||
after the crash causing his death, by such physician as has | ||
been designated in accordance with Section 3-3014, or by the | ||
coroner or deputy coroner or a qualified person designated by | ||
such physician, coroner, or deputy coroner. If the county does | ||
not maintain laboratory facilities for making such analysis, | ||
the blood and urine so drawn shall be sent to the Illinois | ||
State Police or any other accredited or State-certified | ||
laboratory for analysis of the alcohol, carbon monoxide, and | ||
dangerous or narcotic drug content of such blood and urine | ||
specimens. Each specimen submitted shall be accompanied by | ||
pertinent information concerning the decedent upon a form | ||
prescribed by such laboratory. Any person drawing blood and | ||
urine and any person making any examination of the blood and | ||
urine under the terms of this Division shall be immune from all | ||
liability, civil or criminal, that might otherwise be incurred | ||
or imposed. | ||
In all other cases coming within the jurisdiction of the | ||
coroner and referred to in subparagraphs (a) through (e) | ||
above, blood, and, whenever possible, urine samples shall be | ||
analyzed for the presence of alcohol and other drugs. When the | ||
coroner suspects that drugs may have been involved in the | ||
death, either directly or indirectly, a toxicological | ||
examination shall be performed which may include analyses of | ||
blood, urine, bile, gastric contents, and other tissues. When | ||
the coroner suspects a death is due to toxic substances, other | ||
than drugs, the coroner shall consult with the toxicologist | ||
prior to collection of samples. Information submitted to the | ||
toxicologist shall include information as to height, weight, | ||
age, sex, and race of the decedent as well as medical history, | ||
medications used by, and the manner of death of the decedent. | ||
When the coroner or medical examiner finds that the cause | ||
of death is due to homicidal means, the coroner or medical | ||
examiner shall cause blood and buccal specimens (tissue may be | ||
submitted if no uncontaminated blood or buccal specimen can be | ||
obtained), whenever possible, to be withdrawn from the body of | ||
the decedent in a timely fashion. For proper preservation of | ||
the specimens, collected blood and buccal specimens shall be | ||
dried and tissue specimens shall be frozen if available | ||
equipment exists. As soon as possible, but no later than 30 | ||
days after the collection of the specimens, the coroner or | ||
medical examiner shall release those specimens to the police | ||
agency responsible for investigating the death. As soon as | ||
possible, but no later than 30 days after the receipt from the | ||
coroner or medical examiner, the police agency shall submit | ||
the specimens using the agency case number to a National DNA | ||
Index System (NDIS) participating laboratory within this | ||
State, such as the Illinois State Police, Division of Forensic | ||
Services, for analysis and categorizing into genetic marker | ||
groupings. The results of the analysis and categorizing into | ||
genetic marker groupings shall be provided to the Illinois | ||
State Police and shall be maintained by the Illinois State | ||
Police in the State central repository in the same manner, and | ||
subject to the same conditions, as provided in Section 5-4-3 | ||
of the Unified Code of Corrections. The requirements of this | ||
paragraph are in addition to any other findings, specimens, or | ||
information that the coroner or medical examiner is required | ||
to provide during the conduct of a criminal investigation. | ||
In all counties, in cases of apparent suicide, homicide, | ||
or accidental death or in other cases, within the discretion | ||
of the coroner, the coroner may summon 8 persons of lawful age | ||
from those persons drawn for petit jurors in the county. The | ||
summons shall command these persons to present themselves | ||
personally at such a place and time as the coroner shall | ||
determine, and may be in any form which the coroner shall | ||
determine and may incorporate any reasonable form of request | ||
for acknowledgment which the coroner deems practical and | ||
provides a reliable proof of service. The summons may be | ||
served by first class mail. From the 8 persons so summoned, the | ||
coroner shall select 6 to serve as the jury for the inquest. | ||
Inquests may be continued from time to time, as the coroner may | ||
deem necessary. The 6 jurors selected in a given case may view | ||
the body of the deceased. If at any continuation of an inquest | ||
one or more of the original jurors shall be unable to continue | ||
to serve, the coroner shall fill the vacancy or vacancies. A | ||
juror serving pursuant to this paragraph shall receive | ||
compensation from the county at the same rate as the rate of | ||
compensation that is paid to petit or grand jurors in the | ||
county. The coroner shall furnish to each juror without fee at | ||
the time of his discharge a certificate of the number of days | ||
in attendance at an inquest, and, upon being presented with | ||
such certificate, the county treasurer shall pay to the juror | ||
the sum provided for his services. | ||
In counties which have a jury commission, in cases of | ||
apparent suicide or homicide or of accidental death, the | ||
coroner may conduct an inquest. The jury commission shall | ||
provide at least 8 jurors to the coroner, from whom the coroner | ||
shall select any 6 to serve as the jury for the inquest. | ||
Inquests may be continued from time to time as the coroner may | ||
deem necessary. The 6 jurors originally chosen in a given case | ||
may view the body of the deceased. If at any continuation of an | ||
inquest one or more of the 6 jurors originally chosen shall be | ||
unable to continue to serve, the coroner shall fill the | ||
vacancy or vacancies. At the coroner's discretion, additional | ||
jurors to fill such vacancies shall be supplied by the jury | ||
commission. A juror serving pursuant to this paragraph in such | ||
county shall receive compensation from the county at the same | ||
rate as the rate of compensation that is paid to petit or grand | ||
jurors in the county. | ||
In every case in which a fire is determined to be a | ||
contributing factor in a death, the coroner shall report the | ||
death to the Office of the State Fire Marshal. The coroner | ||
shall provide a copy of the death certificate (i) within 30 | ||
days after filing the permanent death certificate and (ii) in | ||
a manner that is agreed upon by the coroner and the State Fire | ||
Marshal. | ||
In every case in which a drug overdose is officially | ||
determined to be the cause or a contributing factor in the | ||
death, the coroner or medical examiner shall report the death | ||
to the Department of Public Health. The Department of Public | ||
Health shall adopt rules regarding specific information that | ||
must be reported in the event of such a death, including, at a | ||
minimum, the following information, if possible: (i) . If | ||
possible, the coroner shall report the cause of the overdose; | ||
(ii) whether or not fentanyl was part or all of the consumed | ||
substance; (iii) if fentanyl is part of the consumed | ||
substance, what other substances were consumed; and (iv) if | ||
fentanyl is part of the consumed substance, in what proportion | ||
was fentanyl consumed to other substance or substances. The | ||
coroner must also communicate whether there was a suspicious | ||
level of fentanyl in combination with other controlled | ||
substances present to all law enforcement agencies in whose | ||
jurisdiction the deceased's body was found in a prompt manner. | ||
As used in this paragraph Section, "overdose" has the same | ||
meaning as it does in Section 414 of the Illinois Controlled | ||
Substances Act. The Department of Public Health shall issue a | ||
semiannual report to the General Assembly summarizing the | ||
reports received. The Department shall also provide on its | ||
website a monthly report of overdose death figures organized | ||
by location, age, and any other factors the Department deems | ||
appropriate. | ||
In addition, in every case in which domestic violence is | ||
determined to be a contributing factor in a death, the coroner | ||
shall report the death to the Illinois State Police. | ||
All deaths in State institutions and all deaths of wards | ||
of the State or youth in care as defined in Section 4d of the | ||
Children and Family Services Act in private care facilities or | ||
in programs funded by the Department of Human Services under | ||
its powers relating to mental health and developmental | ||
disabilities or alcoholism and substance abuse or funded by | ||
the Department of Children and Family Services shall be | ||
reported to the coroner of the county in which the facility is | ||
located. If the coroner has reason to believe that an | ||
investigation is needed to determine whether the death was | ||
caused by maltreatment or negligent care of the ward of the | ||
State or youth in care as defined in Section 4d of the Children | ||
and Family Services Act, the coroner may conduct a preliminary | ||
investigation of the circumstances of such death as in cases | ||
of death under circumstances set forth in subparagraphs (a) | ||
through (e) of this Section. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; | ||
103-154, eff. 6-30-23.) | ||