103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4942

 

Introduced 2/7/2024, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-3013  from Ch. 34, par. 3-3013

    Amends the Counties Code. Provides that, if a drug overdose is determined to be the cause or a contributing factor in a death, the coroner or medical examiner shall report the following information, at a minimum, to the Department of Public Health: (i) if known or knowable (rather than if possible), 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, if known or knowable; and (iv) if fentanyl is part of the consumed substance, in what proportion was fentanyl consumed to other substance or substances, if known or knowable. Currently, the report only requires the coroner to report, if possible, the cause of the overdose. Provides that 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 within 24 hours after receipt of the toxicology results whether or not a cause of death has been determined.


LRB103 38417 AWJ 68552 b

 

 

A BILL FOR

 

HB4942LRB103 38417 AWJ 68552 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 3-3013 as follows:
 
6    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
7    Sec. 3-3013. Preliminary investigations; blood and urine
8analysis; summoning jury; reports. Every coroner, whenever,
9as soon as he knows or is informed that the dead body of any
10person is found, or lying within his county, whose death is
11suspected of being:
12        (a) A sudden or violent death, whether apparently
13    suicidal, homicidal, or accidental, including, but not
14    limited to, deaths apparently caused or contributed to by
15    thermal, traumatic, chemical, electrical, or radiational
16    injury, or a complication of any of them, or by drowning or
17    suffocation, or as a result of domestic violence as
18    defined in the Illinois Domestic Violence Act of 1986;
19        (b) A death due to a sex crime;
20        (c) A death where the circumstances are suspicious,
21    obscure, mysterious, or otherwise unexplained or where, in
22    the written opinion of the attending physician, the cause
23    of death is not determined;

 

 

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1        (d) A death where addiction to alcohol or to any drug
2    may have been a contributory cause; or
3        (e) A death where the decedent was not attended by a
4    licensed physician;
5shall go to the place where the dead body is and take charge of
6the same and shall make a preliminary investigation into the
7circumstances of the death. In the case of death without
8attendance by a licensed physician, the body may be moved with
9the coroner's consent from the place of death to a mortuary in
10the same county. Coroners in their discretion shall notify
11such physician as is designated in accordance with Section
123-3014 to attempt to ascertain the cause of death, either by
13autopsy or otherwise.
14    In cases of accidental death involving a motor vehicle in
15which the decedent was (1) the operator or a suspected
16operator of a motor vehicle, or (2) a pedestrian 16 years of
17age or older, the coroner shall require that a blood specimen
18of at least 30 cc., and if medically possible a urine specimen
19of at least 30 cc. or as much as possible up to 30 cc., be
20withdrawn from the body of the decedent in a timely fashion
21after the crash causing his death, by such physician as has
22been designated in accordance with Section 3-3014, or by the
23coroner or deputy coroner or a qualified person designated by
24such physician, coroner, or deputy coroner. If the county does
25not maintain laboratory facilities for making such analysis,
26the blood and urine so drawn shall be sent to the Illinois

 

 

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1State Police or any other accredited or State-certified
2laboratory for analysis of the alcohol, carbon monoxide, and
3dangerous or narcotic drug content of such blood and urine
4specimens. Each specimen submitted shall be accompanied by
5pertinent information concerning the decedent upon a form
6prescribed by such laboratory. Any person drawing blood and
7urine and any person making any examination of the blood and
8urine under the terms of this Division shall be immune from all
9liability, civil or criminal, that might otherwise be incurred
10or imposed.
11    In all other cases coming within the jurisdiction of the
12coroner and referred to in subparagraphs (a) through (e)
13above, blood, and, whenever possible, urine samples shall be
14analyzed for the presence of alcohol and other drugs. When the
15coroner suspects that drugs may have been involved in the
16death, either directly or indirectly, a toxicological
17examination shall be performed which may include analyses of
18blood, urine, bile, gastric contents, and other tissues. When
19the coroner suspects a death is due to toxic substances, other
20than drugs, the coroner shall consult with the toxicologist
21prior to collection of samples. Information submitted to the
22toxicologist shall include information as to height, weight,
23age, sex, and race of the decedent as well as medical history,
24medications used by, and the manner of death of the decedent.
25    When the coroner or medical examiner finds that the cause
26of death is due to homicidal means, the coroner or medical

 

 

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1examiner shall cause blood and buccal specimens (tissue may be
2submitted if no uncontaminated blood or buccal specimen can be
3obtained), whenever possible, to be withdrawn from the body of
4the decedent in a timely fashion. For proper preservation of
5the specimens, collected blood and buccal specimens shall be
6dried and tissue specimens shall be frozen if available
7equipment exists. As soon as possible, but no later than 30
8days after the collection of the specimens, the coroner or
9medical examiner shall release those specimens to the police
10agency responsible for investigating the death. As soon as
11possible, but no later than 30 days after the receipt from the
12coroner or medical examiner, the police agency shall submit
13the specimens using the agency case number to a National DNA
14Index System (NDIS) participating laboratory within this
15State, such as the Illinois State Police, Division of Forensic
16Services, for analysis and categorizing into genetic marker
17groupings. The results of the analysis and categorizing into
18genetic marker groupings shall be provided to the Illinois
19State Police and shall be maintained by the Illinois State
20Police in the State central repository in the same manner, and
21subject to the same conditions, as provided in Section 5-4-3
22of the Unified Code of Corrections. The requirements of this
23paragraph are in addition to any other findings, specimens, or
24information that the coroner or medical examiner is required
25to provide during the conduct of a criminal investigation.
26    In all counties, in cases of apparent suicide, homicide,

 

 

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1or accidental death or in other cases, within the discretion
2of the coroner, the coroner may summon 8 persons of lawful age
3from those persons drawn for petit jurors in the county. The
4summons shall command these persons to present themselves
5personally at such a place and time as the coroner shall
6determine, and may be in any form which the coroner shall
7determine and may incorporate any reasonable form of request
8for acknowledgment which the coroner deems practical and
9provides a reliable proof of service. The summons may be
10served by first class mail. From the 8 persons so summoned, the
11coroner shall select 6 to serve as the jury for the inquest.
12Inquests may be continued from time to time, as the coroner may
13deem necessary. The 6 jurors selected in a given case may view
14the body of the deceased. If at any continuation of an inquest
15one or more of the original jurors shall be unable to continue
16to serve, the coroner shall fill the vacancy or vacancies. A
17juror serving pursuant to this paragraph shall receive
18compensation from the county at the same rate as the rate of
19compensation that is paid to petit or grand jurors in the
20county. The coroner shall furnish to each juror without fee at
21the time of his discharge a certificate of the number of days
22in attendance at an inquest, and, upon being presented with
23such certificate, the county treasurer shall pay to the juror
24the sum provided for his services.
25    In counties which have a jury commission, in cases of
26apparent suicide or homicide or of accidental death, the

 

 

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1coroner may conduct an inquest. The jury commission shall
2provide at least 8 jurors to the coroner, from whom the coroner
3shall select any 6 to serve as the jury for the inquest.
4Inquests may be continued from time to time as the coroner may
5deem necessary. The 6 jurors originally chosen in a given case
6may view the body of the deceased. If at any continuation of an
7inquest one or more of the 6 jurors originally chosen shall be
8unable to continue to serve, the coroner shall fill the
9vacancy or vacancies. At the coroner's discretion, additional
10jurors to fill such vacancies shall be supplied by the jury
11commission. A juror serving pursuant to this paragraph in such
12county shall receive compensation from the county at the same
13rate as the rate of compensation that is paid to petit or grand
14jurors in the county.
15    In every case in which a fire is determined to be a
16contributing factor in a death, the coroner shall report the
17death to the Office of the State Fire Marshal. The coroner
18shall provide a copy of the death certificate (i) within 30
19days after filing the permanent death certificate and (ii) in
20a manner that is agreed upon by the coroner and the State Fire
21Marshal.
22    In every case in which a drug overdose is determined to be
23the cause or a contributing factor in the death, the coroner or
24medical examiner shall report the death to the Department of
25Public Health. The Department of Public Health shall adopt
26rules regarding specific information that must be reported in

 

 

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1the event of such a death, including, at a minimum, the
2following information: (i) if known or knowable, . If possible,
3the coroner shall report the cause of the overdose; (ii)
4whether or not fentanyl was part or all of the consumed
5substance; (iii) if fentanyl is part of the consumed
6substance, what other substances were consumed, if known or
7knowable; and (iv) if fentanyl is part of the consumed
8substance, in what proportion was fentanyl consumed to other
9substance or substances, if known or knowable. The coroner
10must also communicate whether there was a suspicious level of
11fentanyl in combination with other controlled substances
12present to all law enforcement agencies in whose jurisdiction
13the deceased's body was found within 24 hours after receipt of
14the toxicology results whether or not a cause of death has been
15determined. As used in this paragraph Section, "overdose" has
16the same meaning as it does in Section 414 of the Illinois
17Controlled Substances Act. The Department of Public Health
18shall issue a semiannual report to the General Assembly
19summarizing the reports received. The Department shall also
20provide on its website a monthly report of overdose death
21figures organized by location, age, and any other factors the
22Department deems appropriate.
23    In addition, in every case in which domestic violence is
24determined to be a contributing factor in a death, the coroner
25shall report the death to the Illinois State Police.
26    All deaths in State institutions and all deaths of wards

 

 

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1of the State or youth in care as defined in Section 4d of the
2Children and Family Services Act in private care facilities or
3in programs funded by the Department of Human Services under
4its powers relating to mental health and developmental
5disabilities or alcoholism and substance abuse or funded by
6the Department of Children and Family Services shall be
7reported to the coroner of the county in which the facility is
8located. If the coroner has reason to believe that an
9investigation is needed to determine whether the death was
10caused by maltreatment or negligent care of the ward of the
11State or youth in care as defined in Section 4d of the Children
12and Family Services Act, the coroner may conduct a preliminary
13investigation of the circumstances of such death as in cases
14of death under circumstances set forth in subparagraphs (a)
15through (e) of this Section.
16(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
17103-154, eff. 6-30-23.)