104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1568
 
Introduced 2/4/2025, by Sen. Sally J. Turner
 
SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1003.5
    Amends the Counties Code. Provides that a county that is or may be liable to indemnify a physician who has been appointed or designated by the county or the coroner's office to perform autopsies shall (rather than may) intervene in the action against the physician and shall be permitted to appear and defend.


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A BILL FOR
 
SB1568LRB104 08876 RTM 18931 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing 
5Section 5-1003.5 as follows:
 
6    (55 ILCS 5/5-1003.5)
7    Sec. 5-1003.5. Indemnification for autopsies performed by 
8physicians. A county shall indemnify and hold harmless a 
9physician who has been appointed or designated by the county 
10or the coroner's office to perform autopsies for all of the 
11physician's acts, omissions, decisions, or conduct arising out 
12of the scope of the physician's duties of performing autopsies 
13for the county, except those involving willful or wanton 
14misconduct. A physician who is made a party defendant to an 
15action arising out of the physician's acts, omissions, 
16decisions, or conduct arising out of the scope of the 
17physician's duties of performing autopsies for the county 
18shall, within 10 days after service of process upon the 
19physician, notify the county of the fact that the action has 
20been instituted and that the physician has been made a party 
21defendant to the action. The notice must be in writing and be 
22filed in the office of the State's Attorney and also in the 
23office of the county clerk either by the physician or by the 
 
 
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1physician's agent or attorney. The notice shall state the name 
2of the physician, that the physician has been served with 
3process and made a party defendant to an action wherein it is 
4claimed that a person has suffered injury to the person's body 
5or property caused by that physician, the title and number of 
6the case, the court in which the action is pending, and the 
7date the physician was served with process in the action and 
8made a party defendant to the action.
9    The county that is or may be liable to indemnify the 
10physician shall may intervene in the action against the 
11physician and shall be permitted to appear and defend. The 
12duty of the county to indemnify any physician for any judgment 
13recovered against the physician is conditioned upon receiving 
14notice of the filing of any such action in the manner and form 
15described in this Section.
16(Source: P.A. 103-922, eff. 1-1-25.)