103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2591

 

Introduced 2/15/2023, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-3013  from Ch. 34, par. 3-3013

    Amends the Counties Code. Provides that, when a corner knows or is informed that a death is suspected to be a maternal or fetal death due to an abortion, the coroner shall go to the place where the dead body is located, take charge of the body, and make a preliminary investigation into the circumstances of the death. Effective immediate.


LRB103 28049 AWJ 54428 b

 

 

A BILL FOR

 

HB2591LRB103 28049 AWJ 54428 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 3-3013 as follows:
 
6    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 3-3013. Preliminary investigations; blood and urine
9analysis; summoning jury; reports. Every coroner, whenever,
10as soon as he knows or is informed that the dead body of any
11person is found, or lying within his county, whose death is
12suspected of being:
13        (a) A sudden or violent death, whether apparently
14    suicidal, homicidal, or accidental, including, but not
15    limited to, deaths apparently caused or contributed to by
16    thermal, traumatic, chemical, electrical, or radiational
17    injury, or a complication of any of them, or by drowning or
18    suffocation, or as a result of domestic violence as
19    defined in the 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;
22        (c) A death where the circumstances are suspicious,
23    obscure, mysterious, or otherwise unexplained or where, in

 

 

HB2591- 2 -LRB103 28049 AWJ 54428 b

1    the written opinion of the attending physician, the cause
2    of death is not determined;
3        (d) A death where addiction to alcohol or to any drug
4    may have been a contributory cause; or
5        (e) A death where the decedent was not attended by a
6    licensed physician;
7shall go to the place where the dead body is, and take charge
8of the same and shall make a preliminary investigation into
9the circumstances of the death. In the case of death without
10attendance by a licensed physician, the body may be moved with
11the coroner's consent from the place of death to a mortuary in
12the same county. Coroners in their discretion shall notify
13such physician as is designated in accordance with Section
143-3014 to attempt to ascertain the cause of death, either by
15autopsy or otherwise.
16    In cases of accidental death involving a motor vehicle in
17which the decedent was (1) the operator or a suspected
18operator of a motor vehicle, or (2) a pedestrian 16 years of
19age or older, the coroner shall require that a blood specimen
20of at least 30 cc., and if medically possible a urine specimen
21of at least 30 cc. or as much as possible up to 30 cc., be
22withdrawn from the body of the decedent in a timely fashion
23after the accident causing his death, by such physician as has
24been designated in accordance with Section 3-3014, or by the
25coroner or deputy coroner or a qualified person designated by
26such physician, coroner, or deputy coroner. If the county does

 

 

HB2591- 3 -LRB103 28049 AWJ 54428 b

1not maintain laboratory facilities for making such analysis,
2the blood and urine so drawn shall be sent to the Illinois
3State Police or any other accredited or State-certified
4laboratory for analysis of the alcohol, carbon monoxide, and
5dangerous or narcotic drug content of such blood and urine
6specimens. Each specimen submitted shall be accompanied by
7pertinent information concerning the decedent upon a form
8prescribed by such laboratory. Any person drawing blood and
9urine and any person making any examination of the blood and
10urine under the terms of this Division shall be immune from all
11liability, civil or criminal, that might otherwise be incurred
12or imposed.
13    In all other cases coming within the jurisdiction of the
14coroner and referred to in subparagraphs (a) through (e)
15above, blood, and, whenever possible, urine samples shall be
16analyzed for the presence of alcohol and other drugs. When the
17coroner suspects that drugs may have been involved in the
18death, either directly or indirectly, a toxicological
19examination shall be performed which may include analyses of
20blood, urine, bile, gastric contents, and other tissues. When
21the coroner suspects a death is due to toxic substances, other
22than drugs, the coroner shall consult with the toxicologist
23prior to collection of samples. Information submitted to the
24toxicologist shall include information as to height, weight,
25age, sex, and race of the decedent as well as medical history,
26medications used by, and the manner of death of the decedent.

 

 

HB2591- 4 -LRB103 28049 AWJ 54428 b

1    When the coroner or medical examiner finds that the cause
2of death is due to homicidal means, the coroner or medical
3examiner shall cause blood and buccal specimens (tissue may be
4submitted if no uncontaminated blood or buccal specimen can be
5obtained), whenever possible, to be withdrawn from the body of
6the decedent in a timely fashion. For proper preservation of
7the specimens, collected blood and buccal specimens shall be
8dried and tissue specimens shall be frozen if available
9equipment exists. As soon as possible, but no later than 30
10days after the collection of the specimens, the coroner or
11medical examiner shall release those specimens to the police
12agency responsible for investigating the death. As soon as
13possible, but no later than 30 days after the receipt from the
14coroner or medical examiner, the police agency shall submit
15the specimens using the agency case number to a National DNA
16Index System (NDIS) participating laboratory within this
17State, such as the Illinois State Police, Division of Forensic
18Services, for analysis and categorizing into genetic marker
19groupings. The results of the analysis and categorizing into
20genetic marker groupings shall be provided to the Illinois
21State Police and shall be maintained by the Illinois State
22Police in the State central repository in the same manner, and
23subject to the same conditions, as provided in Section 5-4-3
24of the Unified Code of Corrections. The requirements of this
25paragraph are in addition to any other findings, specimens, or
26information that the coroner or medical examiner is required

 

 

HB2591- 5 -LRB103 28049 AWJ 54428 b

1to provide during the conduct of a criminal investigation.
2    In all counties, in cases of apparent suicide, homicide,
3or accidental death or in other cases, within the discretion
4of the coroner, the coroner may summon 8 persons of lawful age
5from those persons drawn for petit jurors in the county. The
6summons shall command these persons to present themselves
7personally at such a place and time as the coroner shall
8determine, and may be in any form which the coroner shall
9determine and may incorporate any reasonable form of request
10for acknowledgment which the coroner deems practical and
11provides a reliable proof of service. The summons may be
12served by first class mail. From the 8 persons so summoned, the
13coroner shall select 6 to serve as the jury for the inquest.
14Inquests may be continued from time to time, as the coroner may
15deem necessary. The 6 jurors selected in a given case may view
16the body of the deceased. If at any continuation of an inquest
17one or more of the original jurors shall be unable to continue
18to serve, the coroner shall fill the vacancy or vacancies. A
19juror serving pursuant to this paragraph shall receive
20compensation from the county at the same rate as the rate of
21compensation that is paid to petit or grand jurors in the
22county. The coroner shall furnish to each juror without fee at
23the time of his discharge a certificate of the number of days
24in attendance at an inquest, and, upon being presented with
25such certificate, the county treasurer shall pay to the juror
26the sum provided for his services.

 

 

HB2591- 6 -LRB103 28049 AWJ 54428 b

1    In counties which have a jury commission, in cases of
2apparent suicide or homicide or of accidental death, the
3coroner may conduct an inquest. The jury commission shall
4provide at least 8 jurors to the coroner, from whom the coroner
5shall select any 6 to serve as the jury for the inquest.
6Inquests may be continued from time to time as the coroner may
7deem necessary. The 6 jurors originally chosen in a given case
8may view the body of the deceased. If at any continuation of an
9inquest one or more of the 6 jurors originally chosen shall be
10unable to continue to serve, the coroner shall fill the
11vacancy or vacancies. At the coroner's discretion, additional
12jurors to fill such vacancies shall be supplied by the jury
13commission. A juror serving pursuant to this paragraph in such
14county shall receive compensation from the county at the same
15rate as the rate of compensation that is paid to petit or grand
16jurors in the county.
17    In every case in which a fire is determined to be a
18contributing factor in a death, the coroner shall report the
19death to the Office of the State Fire Marshal. The coroner
20shall provide a copy of the death certificate (i) within 30
21days after filing the permanent death certificate and (ii) in
22a manner that is agreed upon by the coroner and the State Fire
23Marshal.
24    In every case in which a drug overdose is determined to be
25the cause or a contributing factor in the death, the coroner or
26medical examiner shall report the death to the Department of

 

 

HB2591- 7 -LRB103 28049 AWJ 54428 b

1Public Health. The Department of Public Health shall adopt
2rules regarding specific information that must be reported in
3the event of such a death. If possible, the coroner shall
4report the cause of the overdose. As used in this Section,
5"overdose" has the same meaning as it does in Section 414 of
6the Illinois Controlled Substances Act. The Department of
7Public Health shall issue a semiannual report to the General
8Assembly summarizing the reports received. The Department
9shall also provide on its website a monthly report of overdose
10death figures organized by location, age, and any other
11factors, the Department deems appropriate.
12    In addition, in every case in which domestic violence is
13determined to be a contributing factor in a death, the coroner
14shall report the death to the Illinois State Police.
15    All deaths in State institutions and all deaths of wards
16of the State or youth in care as defined in Section 4d of the
17Children and Family Services Act in private care facilities or
18in programs funded by the Department of Human Services under
19its powers relating to mental health and developmental
20disabilities or alcoholism and substance abuse or funded by
21the Department of Children and Family Services shall be
22reported to the coroner of the county in which the facility is
23located. If the coroner has reason to believe that an
24investigation is needed to determine whether the death was
25caused by maltreatment or negligent care of the ward of the
26State or youth in care as defined in Section 4d of the Children

 

 

HB2591- 8 -LRB103 28049 AWJ 54428 b

1and Family Services Act, the coroner may conduct a preliminary
2investigation of the circumstances of such death as in cases
3of death under circumstances set forth in subparagraphs
4paragraphs (a) through (e) of this Section.
5(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
6revised 8-23-22.)
 
7    (Text of Section after amendment by P.A. 102-982)
8    Sec. 3-3013. Preliminary investigations; blood and urine
9analysis; summoning jury; reports. Every coroner, whenever,
10as soon as he knows or is informed that the dead body of any
11person is found, or lying within his county, whose death is
12suspected of being:
13        (a) A sudden or violent death, whether apparently
14    suicidal, homicidal, or accidental, including, but not
15    limited to, deaths apparently caused or contributed to by
16    thermal, traumatic, chemical, electrical, or radiational
17    injury, or a complication of any of them, or by drowning or
18    suffocation, or as a result of domestic violence as
19    defined in the 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;
22        (c) A death where the circumstances are suspicious,
23    obscure, mysterious, or otherwise unexplained or where, in
24    the written opinion of the attending physician, the cause
25    of death is not determined;

 

 

HB2591- 9 -LRB103 28049 AWJ 54428 b

1        (d) A death where addiction to alcohol or to any drug
2    may have been a contributory cause; or
3        (e) A death where the decedent was not attended by a
4    licensed physician;
5shall go to the place where the dead body is, and take charge
6of the same and shall make a preliminary investigation into
7the circumstances of the death. In the case of death without
8attendance by a licensed physician, the body may be moved with
9the coroner's consent from the place of death to a mortuary in
10the same county. Coroners in their discretion shall notify
11such physician as is designated in accordance with Section
123-3014 to attempt to ascertain the cause of death, either by
13autopsy or otherwise.
14    In cases of accidental death involving a motor vehicle in
15which the decedent was (1) the operator or a suspected
16operator of a motor vehicle, or (2) a pedestrian 16 years of
17age or older, the coroner shall require that a blood specimen
18of at least 30 cc., and if medically possible a urine specimen
19of at least 30 cc. or as much as possible up to 30 cc., be
20withdrawn from the body of the decedent in a timely fashion
21after the crash causing his death, by such physician as has
22been designated in accordance with Section 3-3014, or by the
23coroner or deputy coroner or a qualified person designated by
24such physician, coroner, or deputy coroner. If the county does
25not maintain laboratory facilities for making such analysis,
26the blood and urine so drawn shall be sent to the Illinois

 

 

HB2591- 10 -LRB103 28049 AWJ 54428 b

1State Police or any other accredited or State-certified
2laboratory for analysis of the alcohol, carbon monoxide, and
3dangerous or narcotic drug content of such blood and urine
4specimens. Each specimen submitted shall be accompanied by
5pertinent information concerning the decedent upon a form
6prescribed by such laboratory. Any person drawing blood and
7urine and any person making any examination of the blood and
8urine under the terms of this Division shall be immune from all
9liability, civil or criminal, that might otherwise be incurred
10or imposed.
11    In all other cases coming within the jurisdiction of the
12coroner and referred to in subparagraphs (a) through (e)
13above, blood, and, whenever possible, urine samples shall be
14analyzed for the presence of alcohol and other drugs. When the
15coroner suspects that drugs may have been involved in the
16death, either directly or indirectly, a toxicological
17examination shall be performed which may include analyses of
18blood, urine, bile, gastric contents, and other tissues. When
19the coroner suspects a death is due to toxic substances, other
20than drugs, the coroner shall consult with the toxicologist
21prior to collection of samples. Information submitted to the
22toxicologist shall include information as to height, weight,
23age, sex, and race of the decedent as well as medical history,
24medications used by, and the manner of death of the decedent.
25    When the coroner or medical examiner finds that the cause
26of death is due to homicidal means, the coroner or medical

 

 

HB2591- 11 -LRB103 28049 AWJ 54428 b

1examiner shall cause blood and buccal specimens (tissue may be
2submitted if no uncontaminated blood or buccal specimen can be
3obtained), whenever possible, to be withdrawn from the body of
4the decedent in a timely fashion. For proper preservation of
5the specimens, collected blood and buccal specimens shall be
6dried and tissue specimens shall be frozen if available
7equipment exists. As soon as possible, but no later than 30
8days after the collection of the specimens, the coroner or
9medical examiner shall release those specimens to the police
10agency responsible for investigating the death. As soon as
11possible, but no later than 30 days after the receipt from the
12coroner or medical examiner, the police agency shall submit
13the specimens using the agency case number to a National DNA
14Index System (NDIS) participating laboratory within this
15State, such as the Illinois State Police, Division of Forensic
16Services, for analysis and categorizing into genetic marker
17groupings. The results of the analysis and categorizing into
18genetic marker groupings shall be provided to the Illinois
19State Police and shall be maintained by the Illinois State
20Police in the State central repository in the same manner, and
21subject to the same conditions, as provided in Section 5-4-3
22of the Unified Code of Corrections. The requirements of this
23paragraph are in addition to any other findings, specimens, or
24information that the coroner or medical examiner is required
25to provide during the conduct of a criminal investigation.
26    In all counties, in cases of apparent suicide, homicide,

 

 

HB2591- 12 -LRB103 28049 AWJ 54428 b

1or accidental death or in other cases, within the discretion
2of the coroner, the coroner may summon 8 persons of lawful age
3from those persons drawn for petit jurors in the county. The
4summons shall command these persons to present themselves
5personally at such a place and time as the coroner shall
6determine, and may be in any form which the coroner shall
7determine and may incorporate any reasonable form of request
8for acknowledgment which the coroner deems practical and
9provides a reliable proof of service. The summons may be
10served by first class mail. From the 8 persons so summoned, the
11coroner shall select 6 to serve as the jury for the inquest.
12Inquests may be continued from time to time, as the coroner may
13deem necessary. The 6 jurors selected in a given case may view
14the body of the deceased. If at any continuation of an inquest
15one or more of the original jurors shall be unable to continue
16to serve, the coroner shall fill the vacancy or vacancies. A
17juror serving pursuant to this paragraph shall receive
18compensation from the county at the same rate as the rate of
19compensation that is paid to petit or grand jurors in the
20county. The coroner shall furnish to each juror without fee at
21the time of his discharge a certificate of the number of days
22in attendance at an inquest, and, upon being presented with
23such certificate, the county treasurer shall pay to the juror
24the sum provided for his services.
25    In counties which have a jury commission, in cases of
26apparent suicide or homicide or of accidental death, the

 

 

HB2591- 13 -LRB103 28049 AWJ 54428 b

1coroner may conduct an inquest. The jury commission shall
2provide at least 8 jurors to the coroner, from whom the coroner
3shall select any 6 to serve as the jury for the inquest.
4Inquests may be continued from time to time as the coroner may
5deem necessary. The 6 jurors originally chosen in a given case
6may view the body of the deceased. If at any continuation of an
7inquest one or more of the 6 jurors originally chosen shall be
8unable to continue to serve, the coroner shall fill the
9vacancy or vacancies. At the coroner's discretion, additional
10jurors to fill such vacancies shall be supplied by the jury
11commission. A juror serving pursuant to this paragraph in such
12county shall receive compensation from the county at the same
13rate as the rate of compensation that is paid to petit or grand
14jurors in the county.
15    In every case in which a fire is determined to be a
16contributing factor in a death, the coroner shall report the
17death to the Office of the State Fire Marshal. The coroner
18shall provide a copy of the death certificate (i) within 30
19days after filing the permanent death certificate and (ii) in
20a manner that is agreed upon by the coroner and the State Fire
21Marshal.
22    In every case in which a drug overdose is determined to be
23the cause or a contributing factor in the death, the coroner or
24medical examiner shall report the death to the Department of
25Public Health. The Department of Public Health shall adopt
26rules regarding specific information that must be reported in

 

 

HB2591- 14 -LRB103 28049 AWJ 54428 b

1the event of such a death. If possible, the coroner shall
2report the cause of the overdose. As used in this Section,
3"overdose" has the same meaning as it does in Section 414 of
4the Illinois Controlled Substances Act. The Department of
5Public Health shall issue a semiannual report to the General
6Assembly summarizing the reports received. The Department
7shall also provide on its website a monthly report of overdose
8death figures organized by location, age, and any other
9factors, the Department deems appropriate.
10    In addition, in every case in which domestic violence is
11determined to be a contributing factor in a death, the coroner
12shall report the death to the Illinois State Police.
13    All deaths in State institutions and all deaths of wards
14of the State or youth in care as defined in Section 4d of the
15Children and Family Services Act in private care facilities or
16in programs funded by the Department of Human Services under
17its powers relating to mental health and developmental
18disabilities or alcoholism and substance abuse or funded by
19the Department of Children and Family Services shall be
20reported to the coroner of the county in which the facility is
21located. If the coroner has reason to believe that an
22investigation is needed to determine whether the death was
23caused by maltreatment or negligent care of the ward of the
24State or youth in care as defined in Section 4d of the Children
25and Family Services Act, the coroner may conduct a preliminary
26investigation of the circumstances of such death as in cases

 

 

HB2591- 15 -LRB103 28049 AWJ 54428 b

1of death under circumstances set forth in subparagraphs
2paragraphs (a) through (e) of this Section.
3(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
4102-982, eff. 7-1-23; revised 8-23-22.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.