SB2779 EngrossedLRB103 36619 AWJ 66728 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 adding Section
55-1003.5 as follows:
 
6    (55 ILCS 5/5-1003.5 new)
7    Sec. 5-1003.5. Indemnification for autopsies performed by
8physicians. A county shall indemnify and hold harmless a
9physician who has been appointed or designated by the county
10or the coroner's office to perform autopsies for all of the
11physician's acts, omissions, decisions, or conduct arising out
12of the scope of the physician's duties of performing autopsies
13for the county, except those involving willful or wanton
14misconduct. A physician who is made a party defendant to an
15action arising out of the physician's acts, omissions,
16decisions, or conduct arising out of the scope of the
17physician's duties of performing autopsies for the county
18shall, within 10 days after service of process upon the
19physician, notify the county of the fact that the action has
20been instituted and that the physician has been made a party
21defendant to the action. The notice must be in writing and be
22filed in the office of the State's Attorney and also in the
23office of the county clerk either by the physician or by the

 

 

SB2779 Engrossed- 2 -LRB103 36619 AWJ 66728 b

1physician's agent or attorney. The notice shall state the name
2of the physician, that the physician has been served with
3process and made a party defendant to an action wherein it is
4claimed that a person has suffered injury to the person's body
5or property caused by that physician, the title and number of
6the case, the court in which the action is pending, and the
7date the physician was served with process in the action and
8made a party defendant to the action.
9    The county that is or may be liable to indemnify the
10physician may intervene in the action against the physician
11and shall be permitted to appear and defend. The duty of the
12county to indemnify any physician for any judgment recovered
13against the physician is conditioned upon receiving notice of
14the filing of any such action in the manner and form described
15in this Section.