Full Text of SB1313 95th General Assembly
SB1313sam001 95TH GENERAL ASSEMBLY
|
Sen. Ira I. Silverstein
Filed: 2/22/2007
|
|
09500SB1313sam001 |
|
LRB095 10899 HLH 31870 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1313
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1313 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Counties Code is amended by changing | 5 |
| Sections 3-3015 and 3-3034 as follows:
| 6 |
| (55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)
| 7 |
| Sec. 3-3015. Circumstances under which autopsy to be | 8 |
| performed.
| 9 |
| (a) Where a death has occurred and the circumstances | 10 |
| concerning
the death are suspicious, obscure, mysterious, or | 11 |
| otherwise unexplained
and in the opinion of the examining | 12 |
| physician or the coroner the cause of
death cannot be | 13 |
| established definitely except by autopsy, and where a death
has | 14 |
| occurred while being pursued, apprehended, or taken into | 15 |
| custody by or
while in the custody of any law enforcement |
|
|
|
09500SB1313sam001 |
- 2 - |
LRB095 10899 HLH 31870 a |
|
| 1 |
| agency, it is declared that the
public interest requires that | 2 |
| an autopsy be performed, and it shall be the
duty and | 3 |
| responsibility of the coroner to cause an autopsy to be | 4 |
| performed,
including the taking of x-rays and the performance
| 5 |
| of other medical tests as the coroner deems appropriate.
| 6 |
| (b) Subject to the limitations set forth in subsection (d), | 7 |
| the
The coroner shall instruct involved parties that embalming | 8 |
| of the body
is not to be conducted until the toxicology samples | 9 |
| are drawn.
If a child dies from suspicious or unexplained
| 10 |
| circumstances, the coroner shall secure the services of a | 11 |
| pathologist. The
Department of Public Health shall provide | 12 |
| coroners and pathologists with a
child death autopsy protocol.
| 13 |
| (c) Subject to the limitations set forth in subsection (d) | 14 |
| of this Section, if
If the coroner determines it advisable to | 15 |
| exhume a body for the
purpose of investigation or autopsy or | 16 |
| both, and the coroner would have
been authorized under this | 17 |
| Section to perform an investigation or autopsy
on the body | 18 |
| before it was interred, the coroner may exhume the body after
| 19 |
| consulting on the matter with the state's attorney and upon the | 20 |
| order of
the circuit court directing the exhumation upon the | 21 |
| petition of the state's attorney.
| 22 |
| (d) No dissection or autopsy shall be performed, nor shall | 23 |
| a toxicology sample be drawn, over the objection of a surviving | 24 |
| relative or friend that the autopsy, dissection, or sample | 25 |
| collection is contrary to the religious beliefs of the | 26 |
| deceased, or if there is otherwise reason to believe that the |
|
|
|
09500SB1313sam001 |
- 3 - |
LRB095 10899 HLH 31870 a |
|
| 1 |
| dissection, autopsy, or sample collection is contrary to the | 2 |
| decedent's religious beliefs, until notice is given to the next | 3 |
| of kin or friend, as defined in this subsection, or until 48 | 4 |
| hours have elapsed, whichever is later, in order to allow an | 5 |
| objecting party to institute a legal proceeding in the | 6 |
| appropriate circuit court to determine the propriety of the | 7 |
| dissection, autopsy, or sample collection. A court, upon ex | 8 |
| parte motion, may dispense with the waiting period if it | 9 |
| determines that a delay may prejudice the accuracy of the | 10 |
| autopsy, dissection, or sample collection or if the objecting | 11 |
| party is a suspect in a homicide, as defined in items (a) | 12 |
| through (e) of Section 3-3013 of this Code, of which the | 13 |
| decedent is the victim. Whenever a coroner shall, because of a | 14 |
| compelling public necessity, deem it necessary to perform an | 15 |
| autopsy, dissection, or sample collection over the objection of | 16 |
| a surviving relative or friend, the coroner shall institute a | 17 |
| special proceeding, without fee, in the circuit court for the | 18 |
| county in which the procedure is to take place, seeking an | 19 |
| order authorizing the autopsy, dissection, or sample | 20 |
| collection. The proceeding shall have preference over all other | 21 |
| cases in the court and shall be determined summarily upon the | 22 |
| petition and oral and written proof offered by the parties. The | 23 |
| court shall grant the relief sought in the petition if it finds | 24 |
| that the petitioner has established a compelling public | 25 |
| necessity for the autopsy or dissection. If the petition is | 26 |
| denied and no stay is granted by the court, the body shall |
|
|
|
09500SB1313sam001 |
- 4 - |
LRB095 10899 HLH 31870 a |
|
| 1 |
| immediately be released to whomever has custody of the body for | 2 |
| burial. | 3 |
| If the autopsy is performed over the objection of a | 4 |
| relative or friend that the dissection or autopsy is contrary | 5 |
| to the religious beliefs of the deceased person, the autopsy | 6 |
| shall be performed in the least intrusive manner possible and | 7 |
| all organs, tissues, and parts, as defined in Section 1-10 of | 8 |
| the Illinois Anatomical Gift Act, shall be released as soon as | 9 |
| possible to the person who has custody of the body for burial.
| 10 |
| For the purposes of this subsection the following terms | 11 |
| have the following meanings. "Friend" includes any person who | 12 |
| maintained regular contact with the deceased person and who was | 13 |
| familiar with the deceased person's activities, health, and | 14 |
| religious beliefs. "Relative" means the deceased person's | 15 |
| spouse, children, parents, or siblings. "Compelling public | 16 |
| necessity" means either (i) that the dissection, autopsy, or | 17 |
| toxicology sample is necessary to the conduct of a criminal | 18 |
| investigation of a homicide, as defined in items (a) through | 19 |
| (e) of Section 3-3013 of this Code, of which the decedent is | 20 |
| the victim, or (ii) that discovery of the cause of death is | 21 |
| necessary to meet an immediate and substantial threat to the | 22 |
| public health and that a dissection, autopsy, or toxicology | 23 |
| sample is necessary to ascertain the cause of death.
| 24 |
| (Source: P.A. 86-962; 87-317; 87-419; 87-895.)
| 25 |
| (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
|
|
|
|
09500SB1313sam001 |
- 5 - |
LRB095 10899 HLH 31870 a |
|
| 1 |
| Sec. 3-3034. Disposition of body. After the inquest the | 2 |
| coroner
must make a reasonable effort to
may deliver the body | 3 |
| or human remains of the deceased to the family of the deceased | 4 |
| within 48 hours after the inquest or, if there are no family | 5 |
| members to accept the body or the remains, then to friends of | 6 |
| the deceased, if there be any, but
if not, the coroner shall | 7 |
| cause the body or the remains to be decently buried, the | 8 |
| expenses to be paid
from the property of the deceased, if there | 9 |
| is sufficient, if not, by the
county. If the State Treasurer, | 10 |
| pursuant to the Uniform Disposition of Unclaimed Property Act, | 11 |
| delivers human remains to the coroner, the coroner shall cause | 12 |
| the human remains to be disposed of as provided in this | 13 |
| Section.
| 14 |
| (Source: P.A. 94-422, eff. 8-2-05.)".
|
|