Illinois General Assembly - Full Text of Public Act 099-0408
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Public Act 099-0408


 

Public Act 0408 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0408
 
SB0663 EnrolledLRB099 06243 MLM 26311 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Coroner Training Board Act.
 
    Section 5. Definitions. As used in this Act:
    "Board" means the Coroner Training Board.
    "Coroner" means coroners and deputy coroners.
    "Coroner training school" means any school located within
or outside the State of Illinois whether privately or publicly
owned which offers a course in coroner training and has been
approved by the Board.
    "Forensic pathologist" means a board certified pathologist
by the American Board of Pathology.
    "Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State.
 
    Section 10. Board; composition; appointments; tenure;
vacancies. The Board shall be composed of 5 members who shall
be appointed by the Governor as follows: 2 coroners, one
forensic pathologist from the Cook County Medical Examiner's
Office, one forensic pathologist from a county other than Cook
County, and one citizen of Illinois who is not currently or was
a coroner or forensic pathologist. The initial appointments by
the Governor shall be made on the first Monday of August in
2016 and the initial appointments' terms shall be as follows:
one coroner and one forensic pathologist shall be for a period
of one year, the second coroner and the second forensic
pathologist for 3 years, and the citizen for a period of 3
years. Their successors shall be appointed in like manner for
terms to expire the first Monday of August each 3 years
thereafter. All members shall serve until their respective
successors are appointed and qualify. Vacancies shall be filled
by the Governor for the unexpired terms.
 
    Section 15. Initial board meeting; election of officers.
The initial meeting of the Board shall be held no later than
August 31, 2016. The Board shall elect from its number a
Chairman and Vice-Chairman, adopt rules of procedure, and shall
meet at least 4 times each year.
    The Board may employ an Executive Director and other
necessary clerical and technical personnel. Special meetings
of the Board may be called at any time by the Chairman or upon
the request of any 2 members. The members of the Board shall
serve without compensation but shall be entitled to
reimbursement for their actual expenses in attending meetings
and in the performance of their duties hereunder from funds
appropriated for that purpose.
 
    Section 20. Powers of the Board. The Board has the
following powers and duties:
    (a) To require units of local government to furnish such
reports and information as the Board deems necessary to fully
implement this Act.
    (b) To establish by rule appropriate mandatory minimum
standards relating to the training of coroners, including, but
not limited to, Part 1760 of Chapter V of Title 20 of the
Illinois Administrative Code. The Board shall consult with the
Illinois Coroners and Medical Examiners Association when
adopting mandatory minimum standards.
    (c) To provide appropriate certification to those coroners
who successfully complete the prescribed minimum standard
basic training course.
    (d) To review and approve annual training curriculum for
coroners.
    (e) To review and approve applicants to ensure no applicant
is admitted to a coroner training school unless the applicant
is a person of good character and has not been convicted of a
felony offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012, subdivision
(a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of
1961 or the Criminal Code of 2012, or subsection (a) of Section
17-32 of the Criminal Code of 1961 or the Criminal Code of
2012, or Section 5 or 5.2 of the Cannabis Control Act, or a
crime involving moral turpitude under the laws of this State or
any other state which if committed in this State would be
punishable as a felony or a crime of moral turpitude. The Board
may appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
 
    Section 25. Selection and certification of schools. The
Board shall select and certify coroner training schools within
or outside the State of Illinois for the purpose of providing
basic training for coroners and of providing advanced or
in-service training for coroners, which schools may be either
publicly or privately owned and operated.
 
    Section 30. Death investigation training; waiver for
experience.
    (a) The Board shall conduct or approve a training program
in death investigation for the training of coroners. Only
coroners who successfully complete the training program may be
assigned as lead investigators in a coroner's investigations.
Satisfactory completion of the training program shall be
evidenced by a certificate issued to the coroner by the Board.
    (b) The Board shall develop a process for waiver
applications sent from a coroner's office for those coroners
whose prior training and experience as a death or homicide
investigator may qualify them for a waiver. The Board may issue
a waiver at its discretion, based solely on the prior training
and experience of a coroner as a death or homicide
investigator.
 
    Section 35. Acceptance of contributions and gifts. The
Board may accept contributions, capital grants, gifts,
donations, services or other financial assistance from any
individual, association, corporation, the United States of
America and any of its agencies or instrumentalities, or any
other organization having a legitimate interest in coroner
training.
 
    Section 40. The Illinois Police Training Act is amended by
changing Sections 1 and 10.11 as follows:
 
    (50 ILCS 705/1)  (from Ch. 85, par. 501)
    Sec. 1. It is hereby declared as a matter of legislative
determination that in order to promote and protect citizen
health, safety and welfare, it is necessary and in the public
interest to provide for the creation of the Illinois Law
Enforcement Training Standards Board for the purpose of
encouraging and aiding municipalities, counties, park
districts, State controlled universities, colleges, and public
community colleges, and other local governmental agencies of
this State and participating State agencies in their efforts to
raise the level of law enforcement by upgrading and maintaining
a high level of training and standards for law enforcement
executives and officers, county corrections officers,
sheriffs, county coroners, and law enforcement support
personnel under this Act. It is declared to be the
responsibility of the board to ensure the required
participation of the pertinent local governmental units in the
programs established under this Act, to encourage the voluntary
participation of other local governmental units and
participating State agencies, to set standards, develop and
provide quality training and education, and to aid in the
establishment of adequate training facilities.
(Source: P.A. 88-586, eff. 8-12-94.)
 
    (50 ILCS 705/10.11)
    Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training and Standards Board shall
conduct or approve a training program in death and homicide
investigation for the training of law enforcement officers of
local government agencies and coroners. Only law enforcement
officers and coroners who successfully complete the training
program may be assigned as lead investigators in death and
homicide investigations and coroner's investigations,
respectively. Satisfactory completion of the training program
shall be evidenced by a certificate issued to the law
enforcement officer or coroner by the Illinois Law Enforcement
Training and Standards Board.
    The Illinois Law Enforcement Training and Standards Board
shall develop a process for waiver applications sent by a local
law enforcement agency administrator or from a coroner's office
for those officers or coroners whose prior training and
experience as homicide investigators may qualify them for a
waiver. The Board may issue a waiver at its discretion, based
solely on the prior training and experience of an officer or a
coroner as a homicide investigator. This Section does not
affect or impede the powers of the office of the coroner to
investigate all deaths as provided in Division 3-3 of the
Counties Code and the Coroner Training Board Act.
(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12;
97-1009, eff. 1-1-13.)
 
    Section 45. The Counties Code is amended by changing
Section 3-3001 as follows:
 
    (55 ILCS 5/3-3001)  (from Ch. 34, par. 3-3001)
    Sec. 3-3001. Commission; training; duties performed by
other county officer.
    (a) Every coroner shall be commissioned by the Governor,
but no commission shall issue except upon the certificate of
the county clerk of the proper county of the due election or
appointment of the coroner and that the coroner has filed his
or her bond and taken the oath of office as provided in this
Division.
    (b) (1) Within 30 days of assuming office, a coroner
    elected to that office for the first time shall apply for
    admission to the Coroner Training Board Illinois Law
    Enforcement Training Standards Board coroners training
    program. Completion of the training program shall be within
    6 months of application. Any coroner may direct the chief
    deputy coroner or a deputy coroner, or both, to attend the
    training program, provided the coroner has completed the
    training program. Satisfactory completion of the program
    shall be evidenced by a certificate issued to the coroner
    by the Coroner Training Board Illinois Law Enforcement
    Training Standards Board. All coroners shall complete the
    training program at least once while serving as coroner.
        (2) In developing the coroner training program, the
    Coroner Training Board Illinois Law Enforcement Training
    Standards Board shall consult with the Illinois Coroners
    and Medical Examiners Association or other organization as
    approved by the Coroner Training Board and the Illinois
    Necropsy Board.
        (3) The Coroner Training Board Illinois Law
    Enforcement Training Standards Board shall notify the
    proper county board of the failure by a coroner to
    successfully complete this training program.
    (c) Every coroner shall attend at least 24 hours of
accredited continuing education for coroners in each calendar
year.
    (d) In all counties that provide by resolution for the
elimination of the office of coroner pursuant to a referendum,
the resolution may also provide, as part of the same
proposition, that the duties of the coroner be taken over by
another county officer specified by the resolution and
proposition.
(Source: P.A. 87-255; 88-586, eff. 8-12-94.)
 
    Section 50. The Vital Records Act is amended by changing
Section 25.5 as follows:
 
    (410 ILCS 535/25.5)
    Sec. 25.5. Death Certificate Surcharge Fund. The
additional $2 fee for certified copies of death certificates
and fetal death certificates must be deposited into the Death
Certificate Surcharge Fund, a special fund created in the State
treasury. Beginning 30 days after the effective date of this
amendatory Act of the 92nd General Assembly and until January
1, 2003 and then beginning again on July 1, 2003 and until July
1, 2005, moneys in the Fund, subject to appropriation, may be
used by the Department for the purpose of implementing an
electronic reporting system for death registrations as
provided in Section 18.5 of this Act. Before the effective date
of this amendatory Act of the 92nd General Assembly, on and
after January 1, 2003 and until July 1, 2003, and on and after
July 1, 2005, moneys in the Fund, subject to appropriations,
may be used as follows: (i) 25% by the Coroner Training Board
Illinois Law Enforcement Training Standards Board for the
purpose of training coroners, deputy coroners, forensic
pathologists, and police officers for death homicide
investigations and lodging and travel expenses relating to
training, (ii) 25% for grants by the Department of Public
Health for distribution to all local county coroners and
medical examiners or officials charged with the duties set
forth under Division 3-3 of the Counties Code, who have a
different title, for equipment and lab facilities, (iii) 25% by
the Department of Public Health for the purpose of setting up a
statewide database of death certificates and implementing an
electronic reporting system for death registrations pursuant
to Section 18.5, and (iv) 25% for a grant by the Department of
Public Health to local registrars.
(Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45,
7-1-03.)

Effective Date: 1/1/2016