Illinois General Assembly - Full Text of SB3025
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Full Text of SB3025  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/7/2014, by Sen. Jennifer Bertino-Tarrant


55 ILCS 5/3-3013  from Ch. 34, par. 3-3013

    Amends the Counties Code. Provides that in every case in which heroin is determined to be contributing factor in a death, the coroner shall, after removing all of the decedent's personally identifiable information, report that death to the University of Illinois at Chicago School of Public Health for the purposes of academic research and reporting.

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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 Section
53-3013 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
17    suffocation, or as a result of domestic violence as defined
18    in the Illinois Domestic Violence Act of 1986;
19        (b) A maternal or fetal death due to abortion, or any
20    death due to a sex crime or a crime against nature;
21        (c) A death where the circumstances are suspicious,
22    obscure, mysterious or otherwise unexplained or where, in
23    the written opinion of the attending physician, the cause



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1    of death is not determined;
2        (d) A death where addiction to alcohol or to any drug
3    may have been a contributory cause; or
4        (e) A death where the decedent was not attended by a
5    licensed physician;
6shall go to the place where the dead body is, and take charge
7of the same and shall make a preliminary investigation into the
8circumstances of the death. In the case of death without
9attendance by a licensed physician the body may be moved with
10the coroner's consent from the place of death to a mortuary in
11the same county. Coroners in their discretion shall notify such
12physician as is designated in accordance with Section 3-3014 to
13attempt to ascertain the cause of death, either by autopsy or
15    In cases of accidental death involving a motor vehicle in
16which the decedent was (1) the operator or a suspected operator
17of a motor vehicle, or (2) a pedestrian 16 years of age or
18older, the coroner shall require that a blood specimen of at
19least 30 cc., and if medically possible a urine specimen of at
20least 30 cc. or as much as possible up to 30 cc., be withdrawn
21from the body of the decedent in a timely fashion after the
22accident causing his death, by such physician as has been
23designated in accordance with Section 3-3014, or by the coroner
24or deputy coroner or a qualified person designated by such
25physician, coroner, or deputy coroner. If the county does not
26maintain laboratory facilities for making such analysis, the



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1blood and urine so drawn shall be sent to the Department of
2State Police or any other accredited or State-certified
3laboratory for analysis of the alcohol, carbon monoxide, and
4dangerous or narcotic drug content of such blood and urine
5specimens. Each specimen submitted shall be accompanied by
6pertinent information concerning the decedent upon a form
7prescribed by such laboratory. Any person drawing blood and
8urine and any person making any examination of the blood and
9urine under the terms of this Division shall be immune from all
10liability, civil or criminal, that might otherwise be incurred
11or imposed.
12    In all other cases coming within the jurisdiction of the
13coroner and referred to in subparagraphs (a) through (e) above,
14blood, and whenever possible, urine samples shall be analyzed
15for the presence of alcohol and other drugs. When the coroner
16suspects that drugs may have been involved in the death, either
17directly or indirectly, a toxicological examination shall be
18performed which may include analyses of blood, urine, bile,
19gastric contents and other tissues. When the coroner suspects a
20death is due to toxic substances, other than drugs, the coroner
21shall consult with the toxicologist prior to collection of
22samples. Information submitted to the toxicologist shall
23include information as to height, weight, age, sex and race of
24the decedent as well as medical history, medications used by
25and the manner of death of decedent.
26    When the coroner or medical examiner finds that the cause



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1of death is due to homicidal means, the coroner or medical
2examiner shall cause blood and buccal specimens (tissue may be
3submitted if no uncontaminated blood or buccal specimen can be
4obtained), whenever possible, to be withdrawn from the body of
5the decedent in a timely fashion. Within 45 days after the
6collection of the specimens, the coroner or medical examiner
7shall deliver those specimens, dried, to the Illinois
8Department of State Police, Division of Forensic Services, for
9analysis and categorizing into genetic marker groupings to be
10maintained by the Illinois Department of State Police in the
11State central repository in the same manner, and subject to the
12same conditions, as provided in Section 5-4-3 of the Unified
13Code of Corrections. The requirements of this paragraph are in
14addition to any other findings, specimens, or information that
15the coroner or medical examiner is required to provide during
16the conduct of a criminal investigation.
17    In all counties, in cases of apparent suicide, homicide, or
18accidental death or in other cases, within the discretion of
19the coroner, the coroner may summon 8 persons of lawful age
20from those persons drawn for petit jurors in the county. The
21summons shall command these persons to present themselves
22personally at such a place and time as the coroner shall
23determine, and may be in any form which the coroner shall
24determine and may incorporate any reasonable form of request
25for acknowledgement which the coroner deems practical and
26provides a reliable proof of service. The summons may be served



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



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1fill such vacancies shall be supplied by the jury commission. A
2juror serving pursuant to this paragraph in such county shall
3receive compensation from the county at the same rate as the
4rate of compensation that is paid to petit or grand jurors in
5the county.
6    In every case in which a fire is determined to be a
7contributing factor in a death, the coroner shall report the
8death to the Office of the State Fire Marshal. The coroner
9shall provide a copy of the death certificate (i) within 30
10days after filing the permanent death certificate and (ii) in a
11manner that is agreed upon by the coroner and the State Fire
13    In addition, in every case in which domestic violence is
14determined to be a contributing factor in a death, the coroner
15shall report the death to the Department of State Police.
16    In addition, in every case in which heroin is determined to
17be a contributing factor in a death, the coroner shall, after
18removing all of the decedent's personally identifiable
19information, report that death to the University of Illinois at
20Chicago School of Public Health for the purposes of academic
21research and reporting.
22    All deaths in State institutions and all deaths of wards of
23the State in private care facilities or in programs funded by
24the Department of Human Services under its powers relating to
25mental health and developmental disabilities or alcoholism and
26substance abuse or funded by the Department of Children and



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1Family Services shall be reported to the coroner of the county
2in which the facility is located. If the coroner has reason to
3believe that an investigation is needed to determine whether
4the death was caused by maltreatment or negligent care of the
5ward of the State, the coroner may conduct a preliminary
6investigation of the circumstances of such death as in cases of
7death under circumstances set forth in paragraphs (a) through
8(e) of this Section.
9(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)