SB1313 95TH GENERAL ASSEMBLY

LRB095 10899 HLH 31184 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1313

Introduced 2/9/2007, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-3015	from Ch. 34, par. 3-3015
55 ILCS 5/3-3034	from Ch. 34, par. 3-3034

Amends the Counties Code. Provides that a dissection or autopsy shall not be performed, nor shall toxicology samples be drawn, if the coroner has reason to believe that the dissection or autopsy is contrary to the religious beliefs of the deceased person. Creates an exception for cases involving a compelling public necessity. Defines compelling public necessity. Provides that, after an inquest, the coroner must make a reasonable effort to (now, the coroner may) deliver the body of the deceased to the family within 48 hours after the inquest.

A BILL FOR

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 changing Sections 3-3015 and 3-3034 as follows:

(55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)

Sec. 3-3015. Circumstances under which autopsy to be performed.

(a) Where a death has occurred and the circumstances concerning the death are suspicious, obscure, mysterious, or otherwise unexplained and in the opinion of the examining physician or the coroner the cause of death cannot be established definitely except by autopsy, and where a death has occurred while being pursued, apprehended, or taken into custody by or while in the custody of any law enforcement agency, it is declared that the public interest requires that an autopsy be performed, and it shall be the duty and responsibility of the coroner to cause an autopsy to be performed, including the taking of x-rays and the performance of other medical tests as the coroner deems appropriate.

(b) Subject to the limitations set forth in subsection (d), the The coroner shall instruct involved parties that embalming of the body is not to be conducted until the toxicology samples are drawn. If a child dies from suspicious or unexplained circumstances, the coroner shall secure the services of a pathologist. The Department of Public Health shall provide coroners and pathologists with a child death autopsy protocol.

(c) Subject to the limitations set forth in subsection (d) of this Section, if If the coroner determines it advisable to exhume a body for the purpose of investigation or autopsy or both, and the coroner would have been authorized under this Section to perform an investigation or autopsy on the body before it was interred, the coroner may exhume the body after consulting on the matter with the state's attorney and upon the order of the circuit court directing the exhumation upon the petition of the state's attorney.

(d) In the absence of a compelling public necessity, a dissection or autopsy shall not be conducted, nor shall toxicology samples be collected, if the coroner has reason to believe that the dissection, autopsy, or sample collection is contrary to the religious beliefs of the deceased person. It shall be presumed that the dissection, autopsy, or toxicology sample collection is contrary to the religious beliefs of the deceased person if an immediate family member or friend of the deceased informs the coroner that the dissection, autopsy, or sample collection is contrary to the religious beliefs of the deceased. It shall also be presumed that the dissection, autopsy, or sample collection is contrary to the religious beliefs of the deceased if a document signed by the deceased stating a religious objection to the autopsy is found on his or her person or in his or her effects.

For the purposes of this subsection the following terms have the following meanings. "Friend" includes any person who maintained regular contact with the deceased person and who was familiar with the deceased person's activities, health, and religious beliefs. "Immediate family" means the deceased person's spouse, children, parents, or siblings. "Compelling public necessity" means either (i) that the dissection, autopsy, or toxicology sample is necessary to the conduct of a criminal investigation of a homicide, as defined in section Section 3-3013 (a)-(e) of this Code, of which the decedent is the victim, or (ii) that discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health and that a dissection, autopsy, or toxicology sample is necessary to ascertain the cause of death.

If the coroner has reason to believe that a dissection or autopsy is contrary to the religious beliefs of the deceased person, and the autopsy is performed because of a compelling public necessity, the autopsy shall be performed in the least intrusive manner possible and all organs, tissues, and parts, as defined in Section 1-10 of the Illinois Anatomical Gift Act, shall be released as soon as possible to the person who has custody of the body for burial.

(Source: P.A. 86-962; 87-317; 87-419; 87-895.)

(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)

Sec. 3-3034. Disposition of body. After the inquest the coroner must make a reasonable effort to may deliver the body or human remains of the deceased to the family of the deceased within 48 hours after the inquest or, if there are no family members to accept the body or the remains, then to friends of the deceased, if there be any, but if not, the coroner shall cause the body or the remains to be decently buried, the expenses to be paid from the property of the deceased, if there is sufficient, if not, by the county. If the State Treasurer, pursuant to the Uniform Disposition of Unclaimed Property Act, delivers human remains to the coroner, the coroner shall cause the human remains to be disposed of as provided in this Section.

(Source: P.A. 94-422, eff. 8-2-05.)