Public Act 103-0842
 
HB4942 EnrolledLRB103 38417 AWJ 68552 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing 
Section 3-3013 as follows:
 
    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
    Sec. 3-3013. Preliminary investigations; blood and urine 
analysis; summoning jury; reports.  Every coroner, whenever, 
as soon as he knows or is informed that the dead body of any 
person is found, or lying within his county, whose death is 
suspected of being:
        (a) A sudden or violent death, whether apparently 
    suicidal, homicidal, or accidental, including, but not 
    limited to, deaths apparently caused or contributed to by 
    thermal, traumatic, chemical, electrical, or radiational 
    injury, or a complication of any of them, or by drowning or 
    suffocation, or as a result of domestic violence as 
    defined in the Illinois Domestic Violence Act of 1986;
        (b) A death due to a sex crime;
        (c) A death where the circumstances are suspicious, 
    obscure, mysterious, or otherwise unexplained or where, in 
    the written opinion of the attending physician, the cause 
    of death is not determined;
        (d) A death where addiction to alcohol or to any drug 
    may have been a contributory cause; or
        (e) A death where the decedent was not attended by a 
    licensed physician;
shall go to the place where the dead body is and take charge of 
the same and shall make a preliminary investigation into the 
circumstances of the death. In the case of death without 
attendance by a licensed physician, the body may be moved with 
the coroner's consent from the place of death to a mortuary in 
the same county. Coroners in their discretion shall notify 
such physician as is designated in accordance with Section 
3-3014 to attempt to ascertain the cause of death, either by 
autopsy or otherwise.
    In cases of accidental death involving a motor vehicle in 
which the decedent was (1) the operator or a suspected 
operator of a motor vehicle, or (2) a pedestrian 16 years of 
age or older, the coroner shall require that a blood specimen 
of at least 30 cc., and if medically possible a urine specimen 
of at least 30 cc. or as much as possible up to 30 cc., be 
withdrawn from the body of the decedent in a timely fashion 
after the crash causing his death, by such physician as has 
been designated in accordance with Section 3-3014, or by the 
coroner or deputy coroner or a qualified person designated by 
such physician, coroner, or deputy coroner. If the county does 
not maintain laboratory facilities for making such analysis, 
the blood and urine so drawn shall be sent to the Illinois 
State Police or any other accredited or State-certified 
laboratory for analysis of the alcohol, carbon monoxide, and 
dangerous or narcotic drug content of such blood and urine 
specimens. Each specimen submitted shall be accompanied by 
pertinent information concerning the decedent upon a form 
prescribed by such laboratory. Any person drawing blood and 
urine and any person making any examination of the blood and 
urine under the terms of this Division shall be immune from all 
liability, civil or criminal, that might otherwise be incurred 
or imposed.
    In all other cases coming within the jurisdiction of the 
coroner and referred to in subparagraphs (a) through (e) 
above, blood, and, whenever possible, urine samples shall be 
analyzed for the presence of alcohol and other drugs. When the 
coroner suspects that drugs may have been involved in the 
death, either directly or indirectly, a toxicological 
examination shall be performed which may include analyses of 
blood, urine, bile, gastric contents, and other tissues. When 
the coroner suspects a death is due to toxic substances, other 
than drugs, the coroner shall consult with the toxicologist 
prior to collection of samples. Information submitted to the 
toxicologist shall include information as to height, weight, 
age, sex, and race of the decedent as well as medical history, 
medications used by, and the manner of death of the decedent.
    When the coroner or medical examiner finds that the cause 
of death is due to homicidal means, the coroner or medical 
examiner shall cause blood and buccal specimens (tissue may be 
submitted if no uncontaminated blood or buccal specimen can be 
obtained), whenever possible, to be withdrawn from the body of 
the decedent in a timely fashion. For proper preservation of 
the specimens, collected blood and buccal specimens shall be 
dried and tissue specimens shall be frozen if available 
equipment exists. As soon as possible, but no later than 30 
days after the collection of the specimens, the coroner or 
medical examiner shall release those specimens to the police 
agency responsible for investigating the death. As soon as 
possible, but no later than 30 days after the receipt from the 
coroner or medical examiner, the police agency shall submit 
the specimens using the agency case number to a National DNA 
Index System (NDIS) participating laboratory within this 
State, such as the Illinois State Police, Division of Forensic 
Services, for analysis and categorizing into genetic marker 
groupings. The results of the analysis and categorizing into 
genetic marker groupings shall be provided to the Illinois 
State Police and shall be maintained by the Illinois State 
Police in the State central repository in the same manner, and 
subject to the same conditions, as provided in Section 5-4-3 
of the Unified Code of Corrections. The requirements of this 
paragraph are in addition to any other findings, specimens, or 
information that the coroner or medical examiner is required 
to provide during the conduct of a criminal investigation. 
    In all counties, in cases of apparent suicide, homicide, 
or accidental death or in other cases, within the discretion 
of the coroner, the coroner may summon 8 persons of lawful age 
from those persons drawn for petit jurors in the county. The 
summons shall command these persons to present themselves 
personally at such a place and time as the coroner shall 
determine, and may be in any form which the coroner shall 
determine and may incorporate any reasonable form of request 
for acknowledgment which the coroner deems practical and 
provides a reliable proof of service. The summons may be 
served by first class mail. From the 8 persons so summoned, the 
coroner shall select 6 to serve as the jury for the inquest. 
Inquests may be continued from time to time, as the coroner may 
deem necessary. The 6 jurors selected in a given case may view 
the body of the deceased. If at any continuation of an inquest 
one or more of the original jurors shall be unable to continue 
to serve, the coroner shall fill the vacancy or vacancies. A 
juror serving pursuant to this paragraph shall receive 
compensation from the county at the same rate as the rate of 
compensation that is paid to petit or grand jurors in the 
county. The coroner shall furnish to each juror without fee at 
the time of his discharge a certificate of the number of days 
in attendance at an inquest, and, upon being presented with 
such certificate, the county treasurer shall pay to the juror 
the sum provided for his services.
    In counties which have a jury commission, in cases of 
apparent suicide or homicide or of accidental death, the 
coroner may conduct an inquest. The jury commission shall 
provide at least 8 jurors to the coroner, from whom the coroner 
shall select any 6 to serve as the jury for the inquest. 
Inquests may be continued from time to time as the coroner may 
deem necessary. The 6 jurors originally chosen in a given case 
may view the body of the deceased. If at any continuation of an 
inquest one or more of the 6 jurors originally chosen shall be 
unable to continue to serve, the coroner shall fill the 
vacancy or vacancies. At the coroner's discretion, additional 
jurors to fill such vacancies shall be supplied by the jury 
commission. A juror serving pursuant to this paragraph in such 
county shall receive compensation from the county at the same 
rate as the rate of compensation that is paid to petit or grand 
jurors in the county.
    In every case in which a fire is determined to be a 
contributing factor in a death, the coroner shall report the 
death to the Office of the State Fire Marshal. The coroner 
shall provide a copy of the death certificate (i) within 30 
days after filing the permanent death certificate and (ii) in 
a manner that is agreed upon by the coroner and the State Fire 
Marshal. 
    In every case in which a drug overdose is officially 
determined to be the cause or a contributing factor in the 
death, the coroner or medical examiner shall report the death 
to the Department of Public Health. The Department of Public 
Health shall adopt rules regarding specific information that 
must be reported in the event of such a death, including, at a 
minimum, the following information, if possible: (i) . If 
possible, the coroner shall report the cause of the overdose; 
(ii) whether or not fentanyl was part or all of the consumed 
substance; (iii) if fentanyl is part of the consumed 
substance, what other substances were consumed; and (iv) if 
fentanyl is part of the consumed substance, in what proportion 
was fentanyl consumed to other substance or substances. The 
coroner must also communicate whether there was a suspicious 
level of fentanyl in combination with other controlled 
substances present to all law enforcement agencies in whose 
jurisdiction the deceased's body was found in a prompt manner. 
As used in this paragraph Section, "overdose" has the same 
meaning as it does in Section 414 of the Illinois Controlled 
Substances Act. The Department of Public Health shall issue a 
semiannual report to the General Assembly summarizing the 
reports received. The Department shall also provide on its 
website a monthly report of overdose death figures organized 
by location, age, and any other factors the Department deems 
appropriate. 
    In addition, in every case in which domestic violence is 
determined to be a contributing factor in a death, the coroner 
shall report the death to the Illinois State Police.
    All deaths in State institutions and all deaths of wards 
of the State or youth in care as defined in Section 4d of the 
Children and Family Services Act in private care facilities or 
in programs funded by the Department of Human Services under 
its powers relating to mental health and developmental 
disabilities or alcoholism and substance abuse or funded by 
the Department of Children and Family Services shall be 
reported to the coroner of the county in which the facility is 
located. If the coroner has reason to believe that an 
investigation is needed to determine whether the death was 
caused by maltreatment or negligent care of the ward of the 
State or youth in care as defined in Section 4d of the Children 
and Family Services Act, the coroner may conduct a preliminary 
investigation of the circumstances of such death as in cases 
of death under circumstances set forth in subparagraphs (a) 
through (e) of this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 
103-154, eff. 6-30-23.)

Effective Date:  1/1/2025