Public Act 099-0408
 
SB0663 EnrolledLRB099 06243 MLM 26311 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the 
Coroner Training Board Act.
 
    Section 5. Definitions.  As used in this Act:

    "Board" means the Coroner Training Board.

    "Coroner" means coroners and deputy coroners.

    "Coroner training school" means any school located within 
or outside the State of Illinois whether privately or publicly 
owned which offers a course in coroner training and has been 
approved by the Board.

    "Forensic pathologist" means a board certified pathologist 
by the American Board of Pathology.
    "Local governmental agency" means any local governmental 
unit or municipal corporation in this State. It does not 
include the State of Illinois or any office, officer, 
department, division, bureau, board, commission, or agency of 
the State.

 
    Section 10. Board; composition; appointments; tenure; 
vacancies. The Board shall be composed of 5 members who shall 
be appointed by the Governor as follows: 2 coroners, one 
forensic pathologist from the Cook County Medical Examiner's 
Office, one forensic pathologist from a county other than Cook 
County, and one citizen of Illinois who is not currently or was 
a coroner or forensic pathologist. The initial appointments by 
the Governor shall be made on the first Monday of August in 
2016 and the initial appointments' terms shall be as follows:  
one coroner and one forensic pathologist shall be for a period 
of one year, the second coroner and the second forensic 
pathologist for 3 years, and the citizen for a period of 3 
years. Their successors shall be appointed in like manner for 
terms to expire the first Monday of August each 3 years 
thereafter. All members shall serve until their respective 
successors are appointed and qualify. Vacancies shall be filled 
by the Governor for the unexpired terms.
 
    Section 15. Initial board meeting; election of officers.  
The initial meeting of the Board shall be held no later than 
August 31, 2016.  The Board shall elect from its number a 
Chairman and Vice-Chairman, adopt rules of procedure, and shall 
meet at least 4 times each year.
    The Board may employ an Executive Director and other 
necessary clerical and technical personnel. Special meetings 
of the Board may be called at any time by the Chairman or upon 
the request of any 2 members. The members of the Board shall 
serve without compensation but shall be entitled to 
reimbursement for their actual expenses in attending meetings 
and in the performance of their duties hereunder from funds 
appropriated for that purpose.

 
    Section 20. Powers of the Board.  The Board has the 
following powers and duties:

    (a) To require units of local government to furnish such 
reports and information as the Board deems necessary to fully 
implement this Act.

    (b) To establish by rule appropriate mandatory minimum 
standards relating to the training of coroners, including, but 
not limited to, Part 1760 of Chapter V of Title 20 of the 
Illinois Administrative Code.
The Board shall consult with the 
Illinois Coroners and Medical Examiners Association when 
adopting mandatory minimum standards.
    (c) To provide appropriate certification to those coroners 
who successfully complete the prescribed minimum standard 
basic training course.

    (d) To review and approve annual training curriculum for 
coroners.

    (e) To review and approve applicants to ensure no applicant 
is admitted to a coroner training school unless the applicant 
is a person of good character and has not been convicted of a 
felony offense, any of the misdemeanors in Sections 11-1.50, 
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 
17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the 
Criminal Code of 1961 or the Criminal Code of 2012, subdivision 
(a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of 
1961 or the Criminal Code of 2012, or subsection (a) of Section 
17-32 of the Criminal Code of 1961 or the Criminal Code of 
2012, or Section 5 or 5.2 of the Cannabis Control Act, or a 
crime involving moral turpitude under the laws of this State or 
any other state which if committed in this State would be 
punishable as a felony or a crime of moral turpitude. The Board 
may appoint investigators who shall enforce the duties 
conferred upon the Board by this Act.


 
    Section 25. Selection and certification of schools. The 
Board shall select and certify coroner training schools within 
or outside the State of Illinois for the purpose of providing 
basic training for coroners and of providing advanced or 
in-service training for coroners, which schools may be either 
publicly or privately owned and operated.
 
    Section 30. Death investigation training; waiver for 
experience. 

    (a) The Board shall conduct or approve a training program 
in death investigation for the training of coroners. Only 
coroners who successfully complete the training program may be 
assigned as lead investigators in a coroner's investigations. 
Satisfactory completion of the training program shall be 
evidenced by a certificate issued to the coroner by the Board.
    (b) The Board shall develop a process for waiver 
applications sent from a coroner's office for those coroners 
whose prior training and experience as a death or homicide 
investigator may qualify them for a waiver. The Board may issue 
a waiver at its discretion, based solely on the prior training 
and experience of a coroner as a death or homicide 
investigator.
 
    Section 35. Acceptance of contributions and gifts.  The 
Board may accept contributions, capital grants, gifts, 
donations, services or other financial assistance from any 
individual, association, corporation, the United States of 
America and any of its agencies or instrumentalities,  or any 
other organization having a legitimate interest in coroner 
training.
  
 
    Section 40. The Illinois Police Training Act is amended  by 
changing Sections 1 and 10.11 as follows:
 



    (50 ILCS 705/1)  (from Ch. 85, par. 501)



    Sec. 1. 
It is hereby declared as a matter of legislative 
determination that
in order to promote and protect citizen 
health, safety and welfare, it is
necessary and in the public 
interest to provide for the creation of the
Illinois Law 
Enforcement Training Standards Board for the purpose of

encouraging and aiding municipalities, counties, park 
districts, State
controlled universities, colleges, and public 
community colleges, and other
local governmental agencies of 
this State and participating State agencies in
their efforts to 
raise the level of law enforcement by upgrading and
maintaining 
a high level of training and standards for law enforcement

executives and officers, county corrections officers, 
sheriffs, county
coroners, and law enforcement support 
personnel under this Act.  It is
declared to be the 
responsibility of the board to ensure the required

participation of the pertinent local governmental units in the 
programs
established under this Act, to encourage the voluntary 
participation of other
local governmental units and 
participating State agencies, to set standards,
develop and 
provide quality training and education, and to aid in the

establishment of adequate training facilities.  

(Source: P.A. 88-586, eff. 8-12-94.)

 
    (50 ILCS 705/10.11)
    Sec. 10.11. Training; death and homicide investigation. 
The Illinois Law Enforcement Training and Standards Board shall 
conduct or approve a training program in death and homicide 
investigation for the training of law enforcement officers of 
local government agencies and coroners. Only law enforcement 
officers and coroners who successfully complete the training 
program may be assigned as lead investigators in death and 
homicide investigations and coroner's investigations, 
respectively. Satisfactory completion of the training program 
shall be evidenced by a certificate issued to the law 
enforcement officer or coroner by the Illinois Law Enforcement 
Training and Standards Board.

    The Illinois Law Enforcement Training and Standards Board 
shall develop a process for waiver applications sent by a local 
law enforcement agency administrator or from a coroner's office 
for those officers or coroners whose prior training and 
experience as homicide investigators  may qualify them for a 
waiver. The Board may issue a waiver at its discretion, based 
solely on the prior training and experience of an officer or a 
coroner as a homicide investigator. This Section does not 
affect or impede the powers of the office of the coroner to 
investigate all deaths as provided in Division 3-3 of the 
Counties Code and the Coroner Training Board Act. 
(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12; 
97-1009, eff. 1-1-13.)
 
    Section 45. The Counties Code is amended  by changing 
Section 3-3001 as follows:
 



    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)



    Sec. 3-3001. Commission; training; duties performed by 
other county officer. 

    (a) Every coroner shall be commissioned by the Governor, 
but no
commission shall issue except upon the certificate of 
the county clerk of
the proper county of the due election or 
appointment of the coroner and
that the coroner has filed his 
or her bond and taken the oath of office as
provided in this 
Division.


    (b) (1) Within 30 days of assuming office, a coroner 
    elected to that office
for the first time shall apply for 
    admission to the Coroner Training Board Illinois Law 
    Enforcement
Training Standards Board coroners training 
    program. Completion of the training
program shall be within 
    6 months of application. Any coroner may direct the
chief 
    deputy coroner or a deputy coroner, or both, to attend the 
    training
program, provided the coroner has completed the 
    training program. Satisfactory
completion of the program 
    shall be evidenced by a certificate issued to the
coroner 
    by the Coroner Training Board Illinois Law Enforcement 
    Training Standards Board.  All coroners
shall complete the 
    training program at least once while serving as coroner.


        (2) In developing the coroner training program, the 
    Coroner Training Board Illinois Law
Enforcement Training 
    Standards Board shall consult with the
Illinois Coroners 
    and Medical Examiners Association or other organization as 
    approved by the Coroner Training Board and the Illinois 
    Necropsy Board.


        (3) The Coroner Training Board Illinois Law 
    Enforcement Training Standards Board shall notify the

    proper county board of the failure by a coroner to 
    successfully complete this
training program.

    (c) Every coroner shall attend at least 24 hours of 
accredited
continuing education for coroners in each calendar 
year.

    (d) In all counties that provide by resolution for the 
elimination of
the office of coroner pursuant to a referendum, 
the resolution may also
provide, as part of the same 
proposition, that the duties of the coroner be
taken over by 
another county officer specified by the resolution and

proposition.

(Source: P.A. 87-255; 88-586, eff. 8-12-94.)

 
    Section 50. The Vital Records Act is amended  by changing 
Section 25.5 as follows:
 



    (410 ILCS 535/25.5)



    Sec. 25.5. Death Certificate Surcharge Fund. The 
additional $2 fee for
certified copies of death certificates 
and fetal death certificates must be
deposited into the Death 
Certificate Surcharge Fund, a special fund created in
the State 
treasury.  Beginning 30 days after the effective date of this

amendatory Act of the 92nd General Assembly and until January 
1, 2003 and
then beginning again on July 1, 2003 and until July 
1, 2005, moneys
in the Fund, subject to appropriation, may be 
used by the
Department for the purpose of implementing an 
electronic reporting system for
death registrations as 
provided in Section 18.5 of this Act.  Before the
effective date 
of this amendatory Act of the 92nd General Assembly,
on and

after January 1, 2003 and until July 1, 2003, and on and after 
July
1, 2005,
moneys in the Fund, subject to appropriations, 
may be
used as follows: (i) 25% by the Coroner Training Board 
Illinois Law Enforcement Training Standards
Board for the 
purpose of training coroners, deputy coroners, forensic

pathologists, and police officers for death homicide 
investigations and lodging and travel expenses relating to 
training, (ii) 25% for
grants by the Department of Public 
Health
for distribution to
all local county coroners and 
medical examiners or officials charged with the
duties set 
forth under Division 3-3 of the Counties Code, who have a 
different
title, for equipment and lab facilities, (iii) 25% by 
the Department of Public
Health
for the purpose of
setting up a 
statewide database of death certificates and implementing an

electronic reporting system for death registrations pursuant 
to Section 18.5,
and (iv) 25% for a grant by the Department of 
Public Health to
local registrars.

(Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45, 
7-1-03.)