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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_SB0315eng SB315 Engrossed LRB9100843DHmg 1 AN ACT to amend the Counties Code by changing Section 2 3-3013. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 3-3013 as follows: 7 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) 8 Sec. 3-3013. Preliminary investigations; blood and urine 9 analysis; summoning jury. Every coroner, whenever, as soon as 10 he knows or is informed that the dead body of any person is 11 found, or lying within his county, whose death is suspected 12 of being: 13 (a) A sudden or violent death, whether apparently 14 suicidal, homicidal or accidental, including but not limited 15 to deaths apparently caused or contributed to by thermal, 16 traumatic, chemical, electrical or radiational injury, or a 17 complication of any of them, or by drowning or suffocation, 18 or as a result of domestic violence as defined in the 19 Illinois Domestic Violence Act of 1986; 20 (b) A maternal or fetal death due to abortion, or any 21 death due to a sex crime or a crime against nature; 22 (c) A death where the circumstances are suspicious, 23 obscure, mysterious or otherwise unexplained or where, in the 24 written opinion of the attending physician, the cause of 25 death is not determined; 26 (d) A death where addiction to alcohol or to any drug 27 may have been a contributory cause; or 28 (e) A death where the decedent was not attended by a 29 licensed physician; 30 shall go to the place where the dead body is, and take charge 31 of the same and shall make a preliminary investigation into SB315 Engrossed -2- LRB9100843DHmg 1 the circumstances of the death. In the case of death without 2 attendance by a licensed physician the body may be moved with 3 the coroner's consent from the place of death to a mortuary 4 in the same county. Coroners in their discretion shall 5 notify such physician as is designated in accordance with 6 Section 3-3014 to attempt to ascertain the cause of death, 7 either by autopsy or otherwise. 8 In cases of accidental death involving a motor vehicle in 9 which the decedent was (1) the operator or a suspected 10 operator of a motor vehicle, or (2) a pedestrian 16 years of 11 age or older, the coroner shall require that a blood specimen 12 of at least 30 cc., and if medically possible a urine 13 specimen of at least 30 cc. or as much as possible up to 30 14 cc., be withdrawn from the body of the decedent within 6 15 hours of the accident causing his death, by such physician as 16 has been designated in accordance with Section 3-3014, or by 17 the coroner or deputy coroner or a qualified person at the 18 direction of such physician. If the county does not maintain 19 laboratory facilities for making such analysis, the blood and 20 urine so drawn shall be sent to the Department of State 21 Police for analysis, when necessary, of the alcohol, carbon 22 monoxide, and dangerous or narcotic drug content of such 23 blood and urine specimens. Each specimen submitted shall be 24 accompanied by pertinent information concerning the decedent 25 upon a form prescribed by such Department. If the analysis 26 is performed in county laboratory facilities, the coroner 27 shall forward the results of each analysis and pertinent 28 information concerning the decedent to the Department of 29 Public Health upon a form prescribed by such Department. The 30 coroner causing the blood and urine to be withdrawn shall be 31 notified of the results of any analysis made by the 32 Department of State Police and the Department of Public 33 Health shall keep a record of the results of all such 34 examinations to be used for statistical purposes. The SB315 Engrossed -3- LRB9100843DHmg 1 cumulative results of the examinations, without identifying 2 the individuals involved, shall be disseminated and made 3 public by the Department of Public Health. Any person 4 drawing blood and urine and any person making any examination 5 of the blood and urine under the terms of this Division shall 6 be immune from all liability, civil or criminal, that might 7 otherwise be incurred or imposed. The coroner shall be paid 8 a fee of $10 by the Department of Public Health for each 9 acceptable set of blood and urine specimens sent to the 10 Department of State Police forensic science laboratory 11 accompanied by the required form or for each report of 12 analysis performed by a county laboratory furnished upon the 13 required form. Upon collection, the coroner shall pay the fee 14 over to the county treasurer for deposit in the general fund 15 of the county. 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 20 the 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, 25 other than drugs, the coroner shall consult with the 26 toxicologist prior to collection of samples. Information 27 submitted to the toxicologist shall include information as to 28 height, weight, age, sex and race of the decedent as well as 29 medical history, medications used by and the manner of death 30 of decedent. 31 Except in counties that have a jury commission, in cases 32 of apparent suicide, homicide, or accidental death or in 33 other cases, within the discretion of the coroner, the 34 coroner shall summon 8 persons of lawful age from those SB315 Engrossed -4- LRB9100843DHmg 1 persons drawn for petit jurors in the county. The summons 2 shall command these persons to present themselves personally 3 at such a place and time as the coroner shall determine, and 4 may be in any form which the coroner shall determine and may 5 incorporate any reasonable form of request for 6 acknowledgement which the coroner deems practical and 7 provides a reliable proof of service. The summons may be 8 served by first class mail. From the 8 persons so summoned, 9 the coroner shall select 6 to serve as the jury for the 10 inquest. Inquests may be continued from time to time, as the 11 coroner may deem necessary. The 6 jurors selected in a given 12 case may view the body of the deceased. If at any 13 continuation of an inquest one or more of the original jurors 14 shall be unable to continue to serve, the coroner shall fill 15 the vacancy or vacancies. A juror serving pursuant to this 16 paragraph shall receive compensation from the county at the 17 same rate as the rate of compensation that is paid to petit 18 or grand jurors in the county. The coroner shall furnish to 19 each juror without fee at the time of his discharge a 20 certificate of the number of days in attendance at an 21 inquest, and, upon being presented with such certificate, the 22 county treasurer shall pay to the juror the sum provided for 23 his services. 24 In counties which have a jury commission, in cases of 25 apparent suicide or homicide or of accidental death, the 26 coroner shall, and in other cases in his discretion may, 27 conduct an inquest. The jury commission shall provide at 28 least 8 jurors to the coroner, from whom the coroner shall 29 select any 6 to serve as the jury for the inquest. Inquests 30 may be continued from time to time as the coroner may deem 31 necessary. The 6 jurors originally chosen in a given case 32 may view the body of the deceased. If at any continuation of 33 an inquest one or more of the 6 jurors originally chosen 34 shall be unable to continue to serve, the coroner shall fill SB315 Engrossed -5- LRB9100843DHmg 1 the vacancy or vacancies. At the coroner's discretion, 2 additional jurors to fill such vacancies shall be supplied by 3 the jury commission. A juror serving pursuant to this 4 paragraph in such county shall receive compensation from the 5 county at the same rate as the rate of compensation that is 6 paid to petit or grand jurors in the county. 7 Death certificates shall list the cause of death as 8 domestic violence (as defined in the Illinois Domestic 9 Violence Act of 1986) if that finding is medically justified. 10 In addition, in every case in which domestic violence is 11 determined to be the cause of death, the coroner shall report 12 the death to the Department of State Police. 13 All deaths in State institutions and all deaths of wards 14 of the State in private care facilities or in programs funded 15 by the Department of Human Services under its powers relating 16 to mental health and developmental disabilities or alcoholism 17 and substance abuse or funded by the Department of Children 18 and Family Services shall be reported to the coroner of the 19 county in which the facility is located. If the coroner has 20 reason to believe that an investigation is needed to 21 determine whether the death was caused by maltreatment or 22 negligent care of the ward of the State, the coroner may 23 conduct a preliminary investigation of the circumstances of 24 such death as in cases of death under circumstances set forth 25 in paragraphs (a) through (e) of this Section. 26 (Source: P.A. 89-507, eff. 7-1-97.)