|
|
||||
| Public Act 093-1005 |
||||
| ||||
| ||||
AN ACT in relation to county 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. 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 maternal or fetal death due to abortion, or any death | ||||
due to a
sex crime or a crime against nature;
| ||||
(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
within | ||
6 hours of
the accident 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
at the direction of 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 Department of State Police or any other accredited | ||
or State-certified laboratory
for analysis, when necessary, 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.
Department. If the analysis is
performed in county | ||
laboratory facilities, the coroner shall forward the
results of | ||
each analysis and pertinent information concerning the
| ||
decedent to the Department of Public Health upon a form | ||
prescribed by
such Department. The coroner causing the blood | ||
and urine to be
withdrawn shall be notified of the results of | ||
any analysis made by the
Department of State Police and the | ||
Department of Public Health shall
keep a record of the results | ||
of all such examinations to be used for
statistical purposes. | ||
The cumulative results of the
examinations, without | ||
identifying the individuals involved, shall be
disseminated | ||
and made public by the Department of Public Health. 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. The coroner shall be paid a | ||
fee of $10 by the Department of
Public Health for each | ||
acceptable set of blood and
urine specimens sent to the | ||
Department of State Police forensic science
laboratory | ||
accompanied by the required form or for each report of
analysis | ||
performed by a county laboratory furnished upon the required | ||
form.
Upon collection, the coroner shall pay the fee over to | ||
the county
treasurer for deposit in the general fund of the | ||
county.
| ||
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 decedent.
| ||
Except in counties that have a jury commission, in cases of | ||
apparent
suicide, homicide, or accidental death or in other | ||
cases, within the
discretion of the coroner, the coroner shall | ||
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 acknowledgement 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 shall, and in other cases in
his discretion 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 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
Department of State Police.
| ||
All deaths in State institutions and all deaths of wards of | ||
the State 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, the coroner may conduct a
preliminary | ||
investigation of the circumstances of such death as in cases of
| ||
death under circumstances set forth in paragraphs (a) through | ||
(e) of this
Section.
| ||
(Source: P.A. 91-521, eff. 1-1-00.)
| ||