Public Act 103-0922
 
SB2779 EnrolledLRB103 36619 AWJ 66728 b

    AN ACT concerning local 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 adding Section 
5-1003.5 as follows:
 
    (55 ILCS 5/5-1003.5 new)
    Sec. 5-1003.5. Indemnification for autopsies performed by 
physicians. A county shall indemnify and hold harmless a 
physician who has been appointed or designated by the county 
or the coroner's office to perform autopsies for all of the 
physician's acts, omissions, decisions, or conduct arising out 
of the scope of the physician's duties of performing autopsies 
for the county, except those involving willful or wanton 
misconduct. A physician who is made a party defendant to an 
action arising out of the physician's acts, omissions, 
decisions, or conduct arising out of the scope of the 
physician's duties of performing autopsies for the county 
shall, within 10 days after service of process upon the 
physician, notify the county of the fact that the action has 
been instituted and that the physician has been made a party 
defendant to the action. The notice must be in writing and be 
filed in the office of the State's Attorney and also in the 
office of the county clerk either by the physician or by the 
physician's agent or attorney. The notice shall state the name 
of the physician, that the physician has been served with 
process and made a party defendant to an action wherein it is 
claimed that a person has suffered injury to the person's body 
or property caused by that physician, the title and number of 
the case, the court in which the action is pending, and the 
date the physician was served with process in the action and 
made a party defendant to the action.
    The county that is or may be liable to indemnify the 
physician may intervene in the action against the physician 
and shall be permitted to appear and defend. The duty of the 
county to indemnify any physician for any judgment recovered 
against the physician is conditioned upon receiving notice of 
the filing of any such action in the manner and form described 
in this Section.