Full Text of SB1313 95th General Assembly
SB1313 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1313
Introduced 2/9/2007, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-3015 |
from Ch. 34, par. 3-3015 |
55 ILCS 5/3-3034 |
from Ch. 34, par. 3-3034 |
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Amends the Counties Code. Provides that a dissection or autopsy shall not be performed, nor shall toxicology samples be drawn, if the coroner has reason to believe that the dissection or autopsy is contrary to the religious beliefs of the deceased person. Creates an exception for cases involving a compelling public necessity. Defines compelling public necessity. Provides that, after an inquest, the coroner must make a reasonable effort to (now, the coroner may) deliver the body of the deceased to the family within 48 hours after the inquest.
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A BILL FOR
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SB1313 |
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LRB095 10899 HLH 31184 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing | 5 |
| Sections 3-3015 and 3-3034 as follows:
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| (55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)
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| Sec. 3-3015. Circumstances under which autopsy to be | 8 |
| performed.
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| (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 | 16 |
| agency, it is declared that the
public interest requires that | 17 |
| an autopsy be performed, and it shall be the
duty and | 18 |
| responsibility of the coroner to cause an autopsy to be | 19 |
| performed,
including the taking of x-rays and the performance
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| of other medical tests as the coroner deems appropriate.
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| (b) Subject to the limitations set forth in subsection (d), | 22 |
| the
The coroner shall instruct involved parties that embalming | 23 |
| of the body
is not to be conducted until the toxicology samples |
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SB1313 |
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LRB095 10899 HLH 31184 b |
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| are drawn.
If a child dies from suspicious or unexplained
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| circumstances, the coroner shall secure the services of a | 3 |
| pathologist. The
Department of Public Health shall provide | 4 |
| coroners and pathologists with a
child death autopsy protocol.
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| (c) Subject to the limitations set forth in subsection (d) | 6 |
| of this Section, if
If the coroner determines it advisable to | 7 |
| exhume a body for the
purpose of investigation or autopsy or | 8 |
| both, and the coroner would have
been authorized under this | 9 |
| Section to perform an investigation or autopsy
on the body | 10 |
| before it was interred, the coroner may exhume the body after
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| consulting on the matter with the state's attorney and upon the | 12 |
| order of
the circuit court directing the exhumation upon the | 13 |
| petition of the state's attorney.
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| (d) In the absence of a compelling public necessity, a | 15 |
| dissection or autopsy shall not be conducted, nor shall | 16 |
| toxicology samples be collected, if the coroner has reason to | 17 |
| believe that the dissection, autopsy, or sample collection is | 18 |
| contrary to the religious beliefs of the deceased person. It | 19 |
| shall be presumed that the dissection, autopsy, or toxicology | 20 |
| sample collection is contrary to the religious beliefs of the | 21 |
| deceased person if an immediate family member or friend of the | 22 |
| deceased informs the coroner that the dissection, autopsy, or | 23 |
| sample collection is contrary to the religious beliefs of the | 24 |
| deceased. It shall also be presumed that the dissection, | 25 |
| autopsy, or sample collection is contrary to the religious | 26 |
| beliefs of the deceased if a document signed by the deceased |
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LRB095 10899 HLH 31184 b |
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| stating a religious objection to the autopsy is found on his or | 2 |
| her person or in his or her effects. | 3 |
| For the purposes of this subsection the following terms | 4 |
| have the following meanings. "Friend" includes any person who | 5 |
| maintained regular contact with the deceased person and who was | 6 |
| familiar with the deceased person's activities, health, and | 7 |
| religious beliefs. "Immediate family" means the deceased | 8 |
| person's spouse, children, parents, or siblings. "Compelling | 9 |
| public necessity" means either (i) that the dissection, | 10 |
| autopsy, or toxicology sample is necessary to the conduct of a | 11 |
| criminal investigation of a homicide, as defined in section | 12 |
| Section 3-3013 (a)-(e) of this Code, of which the decedent is | 13 |
| the victim, or (ii) that discovery of the cause of death is | 14 |
| necessary to meet an immediate and substantial threat to the | 15 |
| public health and that a dissection, autopsy, or toxicology | 16 |
| sample is necessary to ascertain the cause of death.
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| If the coroner has reason to believe that a dissection or | 18 |
| autopsy is contrary to the religious beliefs of the deceased | 19 |
| person, and the autopsy is performed because of a compelling | 20 |
| public necessity, the autopsy shall be performed in the least | 21 |
| intrusive manner possible and all organs, tissues, and parts, | 22 |
| as defined in Section 1-10 of the Illinois Anatomical Gift Act, | 23 |
| shall be released as soon as possible to the person who has | 24 |
| custody of the body for burial.
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| (Source: P.A. 86-962; 87-317; 87-419; 87-895.)
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LRB095 10899 HLH 31184 b |
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| (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
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| Sec. 3-3034. Disposition of body. After the inquest the | 3 |
| coroner
must make a reasonable effort to
may deliver the body | 4 |
| or human remains of the deceased to the family of the deceased | 5 |
| within 48 hours after the inquest or, if there are no family | 6 |
| members to accept the body or the remains, then to friends of | 7 |
| the deceased, if there be any, but
if not, the coroner shall | 8 |
| cause the body or the remains to be decently buried, the | 9 |
| expenses to be paid
from the property of the deceased, if there | 10 |
| is sufficient, if not, by the
county. If the State Treasurer, | 11 |
| pursuant to the Uniform Disposition of Unclaimed Property Act, | 12 |
| delivers human remains to the coroner, the coroner shall cause | 13 |
| the human remains to be disposed of as provided in this | 14 |
| Section.
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| (Source: P.A. 94-422, eff. 8-2-05.)
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