Full Text of SB0132 93rd General Assembly
SB0132enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to county government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 3-3013 as follows:
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| (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
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| Sec. 3-3013. Preliminary investigations; blood and urine | 8 |
| analysis;
summoning jury. Every coroner, whenever, as soon as | 9 |
| he knows or is
informed that the dead body of any person is | 10 |
| found, or lying within his
county, whose death is suspected of | 11 |
| being:
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| (a) A sudden or violent death, whether apparently suicidal,
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| homicidal or accidental, including but not limited to deaths | 14 |
| apparently
caused or contributed to by thermal, traumatic, | 15 |
| chemical, electrical or
radiational injury, or a complication | 16 |
| of any of them, or by drowning or
suffocation, or as a result | 17 |
| of domestic violence as defined in the Illinois
Domestic
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| Violence Act of 1986;
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| (b) A maternal or fetal death due to abortion, or any death | 20 |
| due to a
sex crime or a crime against nature;
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| (c) A death where the circumstances are suspicious, | 22 |
| obscure,
mysterious or otherwise unexplained or where, in the | 23 |
| written opinion of
the attending physician, the cause of death | 24 |
| is not determined;
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| (d) A death where addiction to alcohol or to any drug may | 26 |
| have been
a contributory cause; or
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| (e) A death where the decedent was not attended by a | 28 |
| licensed
physician;
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| shall go to the place where the dead body is, and take charge | 30 |
| of the
same and shall make a preliminary investigation into the | 31 |
| circumstances
of the death. In the case of death without | 32 |
| attendance by a licensed
physician the body may be moved with |
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| the coroner's consent from the
place of death to a mortuary in | 2 |
| the same county. Coroners in their
discretion shall notify such | 3 |
| physician as is designated in accordance
with Section 3-3014 to | 4 |
| attempt to ascertain the cause of death, either by
autopsy or | 5 |
| otherwise.
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| In cases of accidental death involving a motor vehicle in | 7 |
| which the
decedent was (1) the operator or a suspected operator | 8 |
| of a motor
vehicle, or (2) a pedestrian 16 years of age or | 9 |
| older, the coroner shall
require that a blood specimen of at | 10 |
| least 30 cc., and if medically
possible a urine specimen of at | 11 |
| least 30 cc. or as much as possible up
to 30 cc., be withdrawn | 12 |
| from the body of the decedent in a timely fashion after
within | 13 |
| 6 hours of
the accident causing his death, by such physician as | 14 |
| has been designated
in accordance with Section 3-3014, or by | 15 |
| the coroner or deputy coroner or
a qualified person designated | 16 |
| by
at the direction of such physician , coroner, or deputy | 17 |
| coroner . If the county
does not maintain laboratory facilities | 18 |
| for making such analysis, the
blood and urine so drawn shall be | 19 |
| sent to the Department of State Police or any other accredited | 20 |
| or State-certified laboratory
for analysis , when necessary, of | 21 |
| the alcohol, carbon monoxide, and dangerous or
narcotic drug | 22 |
| content of such blood and urine specimens. Each specimen
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| submitted shall be accompanied by pertinent information | 24 |
| concerning the
decedent upon a form prescribed by such | 25 |
| laboratory.
Department. If the analysis is
performed in county | 26 |
| laboratory facilities, the coroner shall forward the
results of | 27 |
| each analysis and pertinent information concerning the
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| decedent to the Department of Public Health upon a form | 29 |
| prescribed by
such Department. The coroner causing the blood | 30 |
| and urine to be
withdrawn shall be notified of the results of | 31 |
| any analysis made by the
Department of State Police and the | 32 |
| Department of Public Health shall
keep a record of the results | 33 |
| of all such examinations to be used for
statistical purposes. | 34 |
| The cumulative results of the
examinations, without | 35 |
| identifying the individuals involved, shall be
disseminated | 36 |
| and made public by the Department of Public Health. Any
person |
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| drawing blood and urine and any person making any examination | 2 |
| of
the blood and urine under the terms of this Division shall | 3 |
| be immune from all
liability, civil or criminal, that might | 4 |
| otherwise be incurred or
imposed. The coroner shall be paid a | 5 |
| fee of $10 by the Department of
Public Health for each | 6 |
| acceptable set of blood and
urine specimens sent to the | 7 |
| Department of State Police forensic science
laboratory | 8 |
| accompanied by the required form or for each report of
analysis | 9 |
| performed by a county laboratory furnished upon the required | 10 |
| form.
Upon collection, the coroner shall pay the fee over to | 11 |
| the county
treasurer for deposit in the general fund of the | 12 |
| county.
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| In all other cases coming within the jurisdiction of the | 14 |
| coroner and
referred to in subparagraphs (a) through (e) above, | 15 |
| blood, and whenever
possible, urine samples shall be analyzed | 16 |
| for the presence of alcohol
and other drugs. When the coroner | 17 |
| suspects that drugs may have been
involved in the death, either | 18 |
| directly or indirectly, a toxicological
examination shall be | 19 |
| performed which may include analyses of blood, urine,
bile, | 20 |
| gastric contents and other tissues. When the coroner suspects
a | 21 |
| death is due to toxic substances, other than drugs, the coroner | 22 |
| shall
consult with the toxicologist prior to collection of | 23 |
| samples. Information
submitted to the toxicologist shall | 24 |
| include information as to height,
weight, age, sex and race of | 25 |
| the decedent as well as medical history,
medications used by | 26 |
| and the manner of death of decedent.
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| Except in counties that have a jury commission, in cases of | 28 |
| apparent
suicide, homicide, or accidental death or in other | 29 |
| cases, within the
discretion of the coroner, the coroner shall | 30 |
| summon 8 persons of lawful age
from those persons drawn for | 31 |
| petit jurors in the county. The summons shall
command these | 32 |
| persons to present themselves personally at such a place and
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| time as the coroner shall determine, and may be in any form | 34 |
| which the
coroner shall determine and may incorporate any | 35 |
| reasonable form of request
for acknowledgement which the | 36 |
| coroner deems practical and provides a
reliable proof of |
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| service. The summons may be served by first class mail.
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| the 8 persons so summoned, the coroner shall select 6 to serve | 3 |
| as the
jury for the inquest. Inquests may be continued from | 4 |
| time
to time, as the coroner may deem necessary. The 6 jurors | 5 |
| selected in
a given case may view the body of the deceased.
If | 6 |
| at any continuation of an inquest one or more of the original | 7 |
| jurors
shall be unable to continue to serve, the coroner shall | 8 |
| fill the vacancy or
vacancies. A juror serving pursuant to this | 9 |
| paragraph shall receive
compensation from the county at the | 10 |
| same rate as the rate of compensation
that is paid to petit or | 11 |
| grand jurors in the county. The coroner shall
furnish to each | 12 |
| juror without fee at the time of his discharge a
certificate of | 13 |
| the number of days in attendance at an inquest, and, upon
being | 14 |
| presented with such certificate, the county treasurer shall pay | 15 |
| to
the juror the sum provided for his services.
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| In counties which have a jury commission, in cases of | 17 |
| apparent suicide or
homicide or of accidental death, the | 18 |
| coroner shall, and in other cases in
his discretion may, | 19 |
| conduct an inquest. The jury commission shall provide
at least | 20 |
| 8 jurors to the coroner, from whom the coroner shall select any | 21 |
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to serve as the jury for the inquest. Inquests may be | 22 |
| continued from time
to time as the coroner may deem necessary. | 23 |
| The 6 jurors originally chosen
in a given case may view the | 24 |
| body of the deceased. If at any continuation
of an inquest one | 25 |
| or more of the 6 jurors originally chosen shall be unable
to | 26 |
| continue to serve, the coroner shall fill the vacancy or | 27 |
| vacancies. At
the coroner's discretion, additional jurors to | 28 |
| fill such vacancies shall be
supplied by the jury commission. A | 29 |
| juror serving pursuant to this
paragraph in such county shall | 30 |
| receive compensation from the county at the
same rate as the | 31 |
| rate of compensation that is paid to petit or grand jurors
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| the county.
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| In addition, in every case in which domestic violence is | 34 |
| determined to be
a
contributing factor in a death, the coroner | 35 |
| shall report the death to the
Department of State Police.
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| All deaths in State institutions and all deaths of wards of |
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| the State in
private care facilities or in programs funded by | 2 |
| the Department of Human
Services under its powers relating to | 3 |
| mental health and developmental
disabilities or alcoholism and | 4 |
| substance
abuse or funded by the Department of Children and | 5 |
| Family Services shall
be reported to the coroner of the county | 6 |
| in which the facility is
located. If the coroner has reason to | 7 |
| believe that an investigation is
needed to determine whether | 8 |
| the death was caused by maltreatment or
negligent care of the | 9 |
| ward of the State, the coroner may conduct a
preliminary | 10 |
| investigation of the circumstances of such death as in cases of
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| death under circumstances set forth in paragraphs (a) through | 12 |
| (e) of this
Section.
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| (Source: P.A. 91-521, eff. 1-1-00.)
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