103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2779

 

Introduced 1/17/2024, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-3014  from Ch. 34, par. 3-3014
55 ILCS 5/3-3016  from Ch. 34, par. 3-3016
410 ILCS 505/1  from Ch. 31, par. 41
410 ILCS 505/2  from Ch. 31, par. 42
410 ILCS 505/3  from Ch. 31, par. 43

    Amends the Counties Code and the Autopsy Act. Provides that autopsies must be performed by board-certified forensic pathologists or, if under the direct supervision of a board-certified forensic pathologist, pathology residents or forensic pathology fellows (rather than a licensed physician must perform autopsies). In the Autopsy Act, further provides that other qualified personnel or other qualified personnel selected by a board-certified forensic pathologist (rather than a physician) may perform (rather than assist) an autopsy. Further amends the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a board-certified forensic pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a board-certified forensic pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a board-certified forensic pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the board-certified forensic pathologist. Effective immediately.


LRB103 36619 AWJ 66728 b

 

 

A BILL FOR

 

SB2779LRB103 36619 AWJ 66728 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
5Sections 3-3014 and 3-3016 as follows:
 
6    (55 ILCS 5/3-3014)  (from Ch. 34, par. 3-3014)
7    Sec. 3-3014. Autopsy to be performed by board-certified
8forensic pathologist licensed physician; costs; reports.
9    (a) Any medical examination or autopsy conducted pursuant
10to this Division shall be performed by a forensic pathologist
11board-certified by the American Board of Pathology physician
12duly licensed to practice medicine in all of its branches, and
13wherever possible by one having special training in pathology.
14In Class I counties, medical examinations or autopsies
15(including those performed on exhumed bodies) shall be
16performed by board-certified forensic pathologists physicians
17appointed or designated by the coroner, and in Class II
18counties by board-certified forensic pathologists physicians
19appointed or designated by the Director of Public Health upon
20the recommendation of the advisory board on necropsy service
21to coroners after the board has consulted with the elected
22coroner. Any autopsy performed by a board-certified forensic
23pathologist physician so appointed or designated shall be

 

 

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1deemed lawful.
2    (b) A pathology resident or forensic pathology fellow may
3perform an autopsy required under subsection (a) under the
4direct supervision of a board-certified forensic pathologist.
5As used in this subsection, "direct supervision" means
6supervision that is within the facility where a pathology
7resident or forensic pathology fellow is performing an autopsy
8and that requires a board-certified forensic pathologist's
9presence and availability for prompt consultation.
10    The cost of all autopsies, medical examinations,
11laboratory fees, if any, and travel expenses of the examining
12physician and the costs of exhuming a body under the authority
13of subsection (c) of Section 3-3015 shall be payable from the
14general fund of the county where the body is found. The
15examining physician shall file copies of the reports or
16results of his or her autopsies and medical examinations with
17the coroner and also with the Department of Public Health.
18    No coroner may perform any autopsy required or authorized
19by law unless the coroner is a pathologist whose services are
20requested by the coroner of another county.
21    (c) The county in which the body of a deceased person is
22found shall indemnify and hold harmless a board-certified
23forensic pathologist who renders services under this Section
24for all of the pathologist's conduct arising out of the
25pathologist's testimony as an expert witness in a criminal
26proceeding based on the service provided under this Section,

 

 

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1except actions involving willful and wanton misconduct of the
2pathologist. The duty of the county to indemnify a
3board-certified forensic pathologist who rendered services
4under this Section for a judgment recovered against the
5pathologist is conditioned upon receiving notice of the filing
6of the action as required under this subsection.
7    If a board-certified forensic pathologist is made a party
8defendant to an action and the action against the pathologist
9is based upon the pathologist's conduct arising out of the
10pathologist's testimony as an expert witness in a criminal
11proceeding, then, within 10 days of service of process, the
12pathologist shall notify the county in which the body of a
13deceased person was found of the fact that the pathologist has
14been made a party defendant to the action. The notice must be
15in writing and filed in the office of the State's Attorney and
16in the office of the county clerk, either by the pathologist or
17the pathologist's agent or attorney. The notice shall state
18the name of the pathologist; that the pathologist has been
19served with process, including the date the pathologist was
20served; that the pathologist has been made a party defendant
21to an action in which it is claimed that an individual has
22suffered injury to the individual's body or property caused by
23the pathologist's conduct as an expert witness in a criminal
24proceeding; the title and number of the case; and the court in
25which the action is pending. The State's Attorney of the
26county in which the body of the deceased person is found may

 

 

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1appear and defend on behalf of the board-certified forensic
2pathologist.
3(Source: P.A. 86-962; 87-317.)
 
4    (55 ILCS 5/3-3016)  (from Ch. 34, par. 3-3016)
5    Sec. 3-3016. Sudden unexpected infant death and sudden
6infant death syndrome. Where an infant under one year of age
7has died suddenly and unexpectedly and the circumstances
8concerning the death are unexplained following investigation,
9an autopsy shall be performed by a board-certified forensic
10pathologist physician licensed to practice medicine in all of
11its branches who has special training in pathology. When an
12autopsy is conducted under this Section, the parents or
13guardian of the child shall receive a preliminary report of
14the autopsy within 5 days of the infant's death. All suspected
15sudden unexpected infant death and sudden infant death
16syndrome cases shall be reported to the Statewide Sudden
17Unexpected Infant Death Program within 72 hours.
18    Death certificates shall list the cause of death as sudden
19unexpected infant death or sudden infant death syndrome where
20this finding is medically justified pursuant to the rules and
21regulations of the Department of Public Health. Copies of
22death certificates which list the cause of death of infants
23under one year of age as sudden unexpected infant death or
24sudden infant death syndrome shall be forwarded to the
25Department of Public Health within 30 days of the death with a

 

 

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1report which shall include an autopsy report, epidemiological
2data required by the Department and other pertinent data.
3(Source: P.A. 101-338, eff. 1-1-20.)
 
4    Section 10. The Autopsy Act is amended by changing
5Sections 1, 2, and 3 as follows:
 
6    (410 ILCS 505/1)  (from Ch. 31, par. 41)
7    Sec. 1. a. "Board-certified forensic pathologist" means a
8forensic pathologist board-certified by the American Board of
9Pathology. "Physician" means any person authorized to practice
10medicine in all its branches in accordance with the Medical
11Practice Act of 1987, as amended, and wherever possible, such
12"Physician" shall be one having special training in pathology.
13    b. "Hospital" means any place authorized to operate under
14the "Hospital Licensing Act", approved July 1, 1953, as
15amended, and any hospital or similar care facility maintained
16by the State of Illinois or any department or agency thereof.
17    c. "Surviving relative" means the spouse, an adult child,
18the parent, or an adult brother or sister of the decedent.
19    d. "Written authorization" means any printed, typed or
20handwritten communication signed by the person granting the
21authorization.
22(Source: P.A. 85-1209.)
 
23    (410 ILCS 505/2)  (from Ch. 31, par. 42)

 

 

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1    Sec. 2. A board-certified forensic pathologist Any
2physician may perform an autopsy upon the body of a decedent;
3provided,
4    a. he has a written authorization from the decedent (or
5from an agent of the decedent as authorized by the decedent
6under the Powers of Attorney for Health Care Law, as now or
7hereafter amended) to do so; or
8    b. a written authorization from a surviving relative who
9has the right to determine the method for disposing of the body
10or a next of kin or other person who has such right; or
11    c. a telegraphic or telephonic authorization from (i) a
12surviving relative who has the right to determine the method
13for disposing of the body or a next of kin or other person who
14has such right or (ii) an agent of the decedent as authorized
15by the decedent under the Powers of Attorney for Health Care
16Law, as now or hereafter amended; provided, the telegraphic or
17telephonic authorization is verified, in writing, by at least
182 persons who were present at the time and place the
19authorization was received;
20    d. where 2 or more persons have equal right to determine
21the method for disposing of the body, the authorization of
22only one such person shall be necessary, unless, before the
23autopsy is performed, any others having such equal right shall
24object in writing or, if not physically present in the
25community where the autopsy is to be performed, by telephonic
26or telegraphic communication to the physician by whom the

 

 

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1autopsy is to be performed, in which event, the authorization
2shall be deemed insufficient.
3    In the case of a suspicious child death, the physician
4shall be a pathologist certified by the Department of Public
5Health's Advisory Board on Necropsy Services.
6    Authorization may be given to a physician or hospital
7administrator or his duly authorized representative, but only
8a board-certified forensic pathologist physician shall perform
9the autopsy.
10(Source: P.A. 86-736.)
 
11    (410 ILCS 505/3)  (from Ch. 31, par. 43)
12    Sec. 3. A pathology resident, forensic pathology fellow,
13The authorized personnel of a hospital, or other qualified
14personnel selected by a board-certified forensic pathologist
15may perform an autopsy required pursuant to this Act under the
16direct supervision of a board-certified forensic pathologist.
17As used in this Section, "direct supervision" means
18supervision that is within the facility where a pathology
19resident or forensic pathology fellow is performing an autopsy
20and that requires a board-certified forensic pathologist's
21presence and availability for prompt consultation physician
22may assist a physician performing an autopsy.
23(Source: Laws 1965, p. 2996.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.