Rep. Silvana Tabares

Filed: 3/15/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2627

2    AMENDMENT NO. ______. Amend House Bill 2627 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 3-3013 as follows:
 
6    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
7    Sec. 3-3013. Preliminary investigations; blood and urine
8analysis; summoning jury; reports. Every coroner, whenever, as
9soon as he knows or is informed that the dead body of any
10person is found, or lying within his county, whose death is
11suspected of being:
12        (a) A sudden or violent death, whether apparently
13    suicidal, homicidal or accidental, including but not
14    limited to deaths apparently caused or contributed to by
15    thermal, traumatic, chemical, electrical or radiational
16    injury, or a complication of any of them, or by drowning or

 

 

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1    suffocation, or as a result of domestic violence as defined
2    in the Illinois Domestic Violence Act of 1986;
3        (b) A maternal or fetal death due to abortion, or any
4    death due to a sex crime or a crime against nature;
5        (c) A death where the circumstances are suspicious,
6    obscure, mysterious or otherwise unexplained or where, in
7    the written opinion of the attending physician, the cause
8    of death is not determined;
9        (d) A death where addiction to alcohol or to any drug
10    may have been a contributory cause; or
11        (e) A death where the decedent was not attended by a
12    licensed physician;
13shall go to the place where the dead body is, and take charge
14of the same and shall make a preliminary investigation into the
15circumstances of the death. In the case of death without
16attendance by a licensed physician the body may be moved with
17the coroner's consent from the place of death to a mortuary in
18the same county. Coroners in their discretion shall notify such
19physician as is designated in accordance with Section 3-3014 to
20attempt to ascertain the cause of death, either by autopsy or
21otherwise.
22    In cases of accidental death involving a motor vehicle in
23which the decedent was (1) the operator or a suspected operator
24of a motor vehicle, or (2) a pedestrian 16 years of age or
25older, the coroner shall require that a blood specimen of at
26least 30 cc., and if medically possible a urine specimen of at

 

 

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1least 30 cc. or as much as possible up to 30 cc., be withdrawn
2from the body of the decedent in a timely fashion after the
3accident causing his death, by such physician as has been
4designated in accordance with Section 3-3014, or by the coroner
5or deputy coroner or a qualified person designated by such
6physician, coroner, or deputy coroner. If the county does not
7maintain laboratory facilities for making such analysis, the
8blood and urine so drawn shall be sent to the Department of
9State Police or any other accredited or State-certified
10laboratory for analysis of the alcohol, carbon monoxide, and
11dangerous or narcotic drug content of such blood and urine
12specimens. Each specimen submitted shall be accompanied by
13pertinent information concerning the decedent upon a form
14prescribed by such laboratory. Any person drawing blood and
15urine and any person making any examination of the blood and
16urine under the terms of this Division shall be immune from all
17liability, civil or criminal, that might otherwise be incurred
18or imposed.
19    In all other cases coming within the jurisdiction of the
20coroner and referred to in subparagraphs (a) through (e) above,
21blood, and whenever possible, urine samples shall be analyzed
22for the presence of alcohol and other drugs. When the coroner
23suspects that drugs may have been involved in the death, either
24directly or indirectly, a toxicological examination shall be
25performed which may include analyses of blood, urine, bile,
26gastric contents and other tissues. When the coroner suspects a

 

 

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1death is due to toxic substances, other than drugs, the coroner
2shall consult with the toxicologist prior to collection of
3samples. Information submitted to the toxicologist shall
4include information as to height, weight, age, sex and race of
5the decedent as well as medical history, medications used by
6and the manner of death of decedent.
7    When the coroner or medical examiner finds that the cause
8of death is due to homicidal means, the coroner or medical
9examiner shall cause blood and buccal specimens (tissue may be
10submitted if no uncontaminated blood or buccal specimen can be
11obtained), whenever possible, to be withdrawn from the body of
12the decedent in a timely fashion. Within 45 days after the
13collection of the specimens, the coroner or medical examiner
14shall deliver those specimens, dried, to the Illinois
15Department of State Police, Division of Forensic Services, for
16analysis and categorizing into genetic marker groupings to be
17maintained by the Illinois Department of State Police in the
18State central repository in the same manner, and subject to the
19same conditions, as provided in Section 5-4-3 of the Unified
20Code of Corrections. The requirements of this paragraph are in
21addition to any other findings, specimens, or information that
22the coroner or medical examiner is required to provide during
23the conduct of a criminal investigation.
24    In all counties, in cases of apparent suicide, homicide, or
25accidental death or in other cases, within the discretion of
26the coroner, the coroner may summon 8 persons of lawful age

 

 

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1from those persons drawn for petit jurors in the county. The
2summons shall command these persons to present themselves
3personally at such a place and time as the coroner shall
4determine, and may be in any form which the coroner shall
5determine and may incorporate any reasonable form of request
6for acknowledgement which the coroner deems practical and
7provides a reliable proof of service. The summons may be served
8by first class mail. From the 8 persons so summoned, the
9coroner shall select 6 to serve as the jury for the inquest.
10Inquests may be continued from time to time, as the coroner may
11deem necessary. The 6 jurors selected in a given case may view
12the body of the deceased. If at any continuation of an inquest
13one or more of the original jurors shall be unable to continue
14to serve, the coroner shall fill the vacancy or vacancies. A
15juror serving pursuant to this paragraph shall receive
16compensation from the county at the same rate as the rate of
17compensation that is paid to petit or grand jurors in the
18county. The coroner shall furnish to each juror without fee at
19the time of his discharge a certificate of the number of days
20in attendance at an inquest, and, upon being presented with
21such certificate, the county treasurer shall pay to the juror
22the sum provided for his services.
23    In counties which have a jury commission, in cases of
24apparent suicide or homicide or of accidental death, the
25coroner may conduct an inquest. The jury commission shall
26provide at least 8 jurors to the coroner, from whom the coroner

 

 

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1shall select any 6 to serve as the jury for the inquest.
2Inquests may be continued from time to time as the coroner may
3deem necessary. The 6 jurors originally chosen in a given case
4may view the body of the deceased. If at any continuation of an
5inquest one or more of the 6 jurors originally chosen shall be
6unable to continue to serve, the coroner shall fill the vacancy
7or vacancies. At the coroner's discretion, additional jurors to
8fill such vacancies shall be supplied by the jury commission. A
9juror serving pursuant to this paragraph in such county shall
10receive compensation from the county at the same rate as the
11rate of compensation that is paid to petit or grand jurors in
12the county.
13    In every case in which a fire is determined to be a
14contributing factor in a death, the coroner shall report the
15death to the Office of the State Fire Marshal. The coroner
16shall provide a copy of the death certificate (i) within 30
17days after filing the permanent death certificate and (ii) in a
18manner that is agreed upon by the coroner and the State Fire
19Marshal.
20    In addition, in every case in which domestic violence is
21determined to be a contributing factor in a death, the coroner
22shall report the death to the Department of State Police.
23    All deaths in State institutions or in facilities
24registered under the Nursing Home Care Act and all deaths of
25wards of the State in private care facilities or in programs
26funded by the Department of Human Services under its powers

 

 

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1relating to mental health and developmental disabilities or
2alcoholism and substance abuse or funded by the Department of
3Children and Family Services shall be reported to the coroner
4of the county in which the facility is located. If the coroner
5has reason to believe that an investigation is needed to
6determine whether the death was caused by maltreatment or
7negligent care of the ward of the State, the coroner may
8conduct a preliminary investigation of the circumstances of
9such death as in cases of death under circumstances set forth
10in paragraphs (a) through (e) of this Section.
11(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".