SB0663ham001 99TH GENERAL ASSEMBLY

Rep. Dan Brady

Filed: 5/12/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 663

2    AMENDMENT NO. ______. Amend Senate Bill 663 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Coroner Training Board Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Coroner Training Board.
8    "Coroner" means coroners and deputy coroners.
9    "Coroner training school" means any school located within
10or outside the State of Illinois whether privately or publicly
11owned which offers a course in coroner training and has been
12approved by the Board.
13    "Forensic pathologist" means a board certified pathologist
14by the American Board of Pathology.
15    "Local governmental agency" means any local governmental
16unit or municipal corporation in this State. It does not

 

 

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1include the State of Illinois or any office, officer,
2department, division, bureau, board, commission, or agency of
3the State.
 
4    Section 10. Board; composition; appointments; tenure;
5vacancies. The Board shall be composed of 5 members who shall
6be appointed by the Governor as follows: 2 coroners, one
7forensic pathologist from the Cook County Medical Examiner's
8Office, one forensic pathologist from a county other than Cook
9County, and one citizen of Illinois who is not currently or was
10a coroner or forensic pathologist. The initial appointments by
11the Governor shall be made on the first Monday of August in
122016 and the initial appointments' terms shall be as follows:
13one coroner and one forensic pathologist shall be for a period
14of one year, the second coroner and the second forensic
15pathologist for 3 years, and the citizen for a period of 3
16years. Their successors shall be appointed in like manner for
17terms to expire the first Monday of August each 3 years
18thereafter. All members shall serve until their respective
19successors are appointed and qualify. Vacancies shall be filled
20by the Governor for the unexpired terms.
 
21    Section 15. Initial board meeting; election of officers.
22The initial meeting of the Board shall be held no later than
23August 31, 2016. The Board shall elect from its number a
24Chairman and Vice-Chairman, adopt rules of procedure, and shall

 

 

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1meet at least 4 times each year.
2    The Board may employ an Executive Director and other
3necessary clerical and technical personnel. Special meetings
4of the Board may be called at any time by the Chairman or upon
5the request of any 2 members. The members of the Board shall
6serve without compensation but shall be entitled to
7reimbursement for their actual expenses in attending meetings
8and in the performance of their duties hereunder from funds
9appropriated for that purpose.
 
10    Section 20. Powers of the Board. The Board has the
11following powers and duties:
12    (a) To require units of local governmental to furnish such
13reports and information as the Board deems necessary to fully
14implement this Act.
15    (b) To establish by rule appropriate mandatory minimum
16standards relating to the training of coroners, including, but
17not limited to, Part 1760 of Chapter V of Title 20 of the
18Illinois Administrative Code. The Board shall consult with the
19Illinois Coroners and Medical Examiners Association when
20adopting mandatory minimum standards.
21    (c) To provide appropriate certification to those coroners
22who successfully complete the prescribed minimum standard
23basic training course.
24    (d) To review and approve annual training curriculum for
25coroners.

 

 

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1    (e) To review and approve applicants to ensure no applicant
2is admitted to a coroner training school unless the applicant
3is a person of good character and has not been convicted of a
4felony offense, any of the misdemeanors in Sections 11-1.50,
511-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
617-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
7Criminal Code of 1961 or the Criminal Code of 2012, subdivision
8(a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of
91961 or the Criminal Code of 2012, or subsection (a) of Section
1017-32 of the Criminal Code of 1961 or the Criminal Code of
112012, or Section 5 or 5.2 of the Cannabis Control Act, or a
12crime involving moral turpitude under the laws of this State or
13any other state which if committed in this State would be
14punishable as a felony or a crime of moral turpitude. The Board
15may appoint investigators who shall enforce the duties
16conferred upon the Board by this Act.
 
17    Section 25. Selection and certification of schools. The
18Board shall select and certify coroner training schools within
19or outside the State of Illinois for the purpose of providing
20basic training for coroners and of providing advanced or
21in-service training for coroners, which schools may be either
22publicly or privately owned and operated.
 
23    Section 30. Death investigation training; waiver for
24experience.

 

 

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1    (a) The Board shall conduct or approve a training program
2in death investigation for the training of coroners. Only
3coroners who successfully complete the training program may be
4assigned as lead investigators in a coroner's investigations.
5Satisfactory completion of the training program shall be
6evidenced by a certificate issued to the coroner by the Board.
7    (b) The Board shall develop a process for waiver
8applications sent from a coroner's office for those coroners
9whose prior training and experience as a death or homicide
10investigator may qualify them for a waiver. The Board may issue
11a waiver at its discretion, based solely on the prior training
12and experience of a coroner as a death or homicide
13investigator.
 
14    Section 35. Acceptance of contributions and gifts. The
15Board may accept contributions, capital grants, gifts,
16donations, services or other financial assistance from any
17individual, association, corporation, the United States of
18America and any of its agencies or instrumentalities, or any
19other organization having a legitimate interest in coroner
20training.
 
21    Section 40. The Illinois Police Training Act is amended by
22changing Sections 1 and 10.11 as follows:
 
23    (50 ILCS 705/1)  (from Ch. 85, par. 501)

 

 

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1    Sec. 1. It is hereby declared as a matter of legislative
2determination that in order to promote and protect citizen
3health, safety and welfare, it is necessary and in the public
4interest to provide for the creation of the Illinois Law
5Enforcement Training Standards Board for the purpose of
6encouraging and aiding municipalities, counties, park
7districts, State controlled universities, colleges, and public
8community colleges, and other local governmental agencies of
9this State and participating State agencies in their efforts to
10raise the level of law enforcement by upgrading and maintaining
11a high level of training and standards for law enforcement
12executives and officers, county corrections officers,
13sheriffs, county coroners, and law enforcement support
14personnel under this Act. It is declared to be the
15responsibility of the board to ensure the required
16participation of the pertinent local governmental units in the
17programs established under this Act, to encourage the voluntary
18participation of other local governmental units and
19participating State agencies, to set standards, develop and
20provide quality training and education, and to aid in the
21establishment of adequate training facilities.
22(Source: P.A. 88-586, eff. 8-12-94.)
 
23    (50 ILCS 705/10.11)
24    Sec. 10.11. Training; death and homicide investigation.
25The Illinois Law Enforcement Training and Standards Board shall

 

 

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1conduct or approve a training program in death and homicide
2investigation for the training of law enforcement officers of
3local government agencies and coroners. Only law enforcement
4officers and coroners who successfully complete the training
5program may be assigned as lead investigators in death and
6homicide investigations and coroner's investigations,
7respectively. Satisfactory completion of the training program
8shall be evidenced by a certificate issued to the law
9enforcement officer or coroner by the Illinois Law Enforcement
10Training and Standards Board.
11    The Illinois Law Enforcement Training and Standards Board
12shall develop a process for waiver applications sent by a local
13law enforcement agency administrator or from a coroner's office
14for those officers or coroners whose prior training and
15experience as homicide investigators may qualify them for a
16waiver. The Board may issue a waiver at its discretion, based
17solely on the prior training and experience of an officer or a
18coroner as a homicide investigator. This Section does not
19affect or impede the powers of the office of the coroner to
20investigate all deaths as provided in Division 3-3 of the
21Counties Code and the Coroner Training Board Act.
22(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12;
2397-1009, eff. 1-1-13.)
 
24    Section 45. The Counties Code is amended by changing
25Section 3-3001 as follows:
 

 

 

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1    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)
2    Sec. 3-3001. Commission; training; duties performed by
3other county officer.
4    (a) Every coroner shall be commissioned by the Governor,
5but no commission shall issue except upon the certificate of
6the county clerk of the proper county of the due election or
7appointment of the coroner and that the coroner has filed his
8or her bond and taken the oath of office as provided in this
9Division.
10    (b) (1) Within 30 days of assuming office, a coroner
11    elected to that office for the first time shall apply for
12    admission to the Coroner Training Board Illinois Law
13    Enforcement Training Standards Board coroners training
14    program. Completion of the training program shall be within
15    6 months of application. Any coroner may direct the chief
16    deputy coroner or a deputy coroner, or both, to attend the
17    training program, provided the coroner has completed the
18    training program. Satisfactory completion of the program
19    shall be evidenced by a certificate issued to the coroner
20    by the Coroner Training Board Illinois Law Enforcement
21    Training Standards Board. All coroners shall complete the
22    training program at least once while serving as coroner.
23        (2) In developing the coroner training program, the
24    Coroner Training Board Illinois Law Enforcement Training
25    Standards Board shall consult with the Illinois Coroners

 

 

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1    and Medical Examiners Association or other organization as
2    approved by the Coroner Training Board and the Illinois
3    Necropsy Board.
4        (3) The Coroner Training Board Illinois Law
5    Enforcement Training Standards Board shall notify the
6    proper county board of the failure by a coroner to
7    successfully complete this training program.
8    (c) Every coroner shall attend at least 24 hours of
9accredited continuing education for coroners in each calendar
10year.
11    (d) In all counties that provide by resolution for the
12elimination of the office of coroner pursuant to a referendum,
13the resolution may also provide, as part of the same
14proposition, that the duties of the coroner be taken over by
15another county officer specified by the resolution and
16proposition.
17(Source: P.A. 87-255; 88-586, eff. 8-12-94.)
 
18    Section 50. The Vital Records Act is amended by changing
19Section 25.5 as follows:
 
20    (410 ILCS 535/25.5)
21    Sec. 25.5. Death Certificate Surcharge Fund. The
22additional $2 fee for certified copies of death certificates
23and fetal death certificates must be deposited into the Death
24Certificate Surcharge Fund, a special fund created in the State

 

 

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1treasury. Beginning 30 days after the effective date of this
2amendatory Act of the 92nd General Assembly and until January
31, 2003 and then beginning again on July 1, 2003 and until July
41, 2005, moneys in the Fund, subject to appropriation, may be
5used by the Department for the purpose of implementing an
6electronic reporting system for death registrations as
7provided in Section 18.5 of this Act. Before the effective date
8of this amendatory Act of the 92nd General Assembly, on and
9after January 1, 2003 and until July 1, 2003, and on and after
10July 1, 2005, moneys in the Fund, subject to appropriations,
11may be used as follows: (i) 25% by the Coroner Training Board
12Illinois Law Enforcement Training Standards Board for the
13purpose of training coroners, deputy coroners, forensic
14pathologists, and police officers for death homicide
15investigations and lodging and travel expenses relating to
16training, (ii) 25% for grants by the Department of Public
17Health for distribution to all local county coroners and
18medical examiners or officials charged with the duties set
19forth under Division 3-3 of the Counties Code, who have a
20different title, for equipment and lab facilities, (iii) 25% by
21the Department of Public Health for the purpose of setting up a
22statewide database of death certificates and implementing an
23electronic reporting system for death registrations pursuant
24to Section 18.5, and (iv) 25% for a grant by the Department of
25Public Health to local registrars.
26(Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45,

 

 

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17-1-03.)".