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| Public Act 095-0484 |
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AN ACT concerning coroners.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
3-3013 as follows:
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(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
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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:
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(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
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suffocation, or as a result of domestic violence as defined | ||||
in the Illinois
Domestic
Violence Act of 1986;
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(b) A maternal or fetal death due to abortion, or any | ||||
death due to a
sex crime or a crime against nature;
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(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;
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(d) A death where addiction to alcohol or to any drug | ||
may have been
a contributory cause; or
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(e) A death where the decedent was not attended by a | ||
licensed
physician;
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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.
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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 | ||
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 such | ||
physician, coroner, or deputy coroner. If the county
does not | ||
maintain laboratory facilities for making such analysis, the
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blood and urine so drawn shall be sent to the Department of | ||
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
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liability, civil or criminal, that might otherwise be incurred | ||
or
imposed.
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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.
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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. Within 45 days after the | ||
collection of the specimens, the coroner or medical examiner | ||
shall deliver those specimens, dried, to the Illinois | ||
Department of State Police, Division of Forensic Services, for | ||
analysis and categorizing into genetic marker groupings to be | ||
maintained by the Illinois Department of 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.
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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
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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
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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
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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.
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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.
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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.
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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
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death under circumstances set forth in paragraphs (a) through | ||
(e) of this
Section.
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(Source: P.A. 93-1005, eff. 1-1-05; 94-924, eff. 1-1-07.)
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