SB1313sam001 95TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 2/22/2007

09500SB1313sam001 LRB095 10899 HLH 31870 a

AMENDMENT TO SENATE BILL 1313

AMENDMENT NO. ______. Amend Senate Bill 1313 by replacing everything after the enacting clause with the following:

"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) No dissection or autopsy shall be performed, nor shall a toxicology sample be drawn, over the objection of a surviving relative or friend that the autopsy, dissection, or sample collection is contrary to the religious beliefs of the deceased, or if there is otherwise reason to believe that the dissection, autopsy, or sample collection is contrary to the decedent's religious beliefs, until notice is given to the next of kin or friend, as defined in this subsection, or until 48 hours have elapsed, whichever is later, in order to allow an objecting party to institute a legal proceeding in the appropriate circuit court to determine the propriety of the dissection, autopsy, or sample collection. A court, upon ex parte motion, may dispense with the waiting period if it determines that a delay may prejudice the accuracy of the autopsy, dissection, or sample collection or if the objecting party is a suspect in a homicide, as defined in items (a) through (e) of Section 3-3013 of this Code, of which the decedent is the victim. Whenever a coroner shall, because of a compelling public necessity, deem it necessary to perform an autopsy, dissection, or sample collection over the objection of a surviving relative or friend, the coroner shall institute a special proceeding, without fee, in the circuit court for the county in which the procedure is to take place, seeking an order authorizing the autopsy, dissection, or sample collection. The proceeding shall have preference over all other cases in the court and shall be determined summarily upon the petition and oral and written proof offered by the parties. The court shall grant the relief sought in the petition if it finds that the petitioner has established a compelling public necessity for the autopsy or dissection. If the petition is denied and no stay is granted by the court, the body shall immediately be released to whomever has custody of the body for burial.

If the autopsy is performed over the objection of a relative or friend that the dissection or autopsy is contrary to the religious beliefs of the deceased person, 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.

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. "Relative" 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 items (a) through (e) of Section 3-3013 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.

(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.)".