95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0991

 

Introduced 2/8/2007, by Rep. Dan Brady

 

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

    Amends the Counties Code. Provides that if the coroner or medical examiner finds that the cause of death is due to homicidal means, the coroner shall send blood, tissue, and saliva specimens from the decedent to the State Police for inclusion in the State DNA central repository.


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A BILL FOR

 

HB0991 LRB095 06570 HLH 26674 b

1     AN ACT concerning coroners.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 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
8 analysis; summoning jury. Every coroner, whenever, as soon as
9 he knows or is informed that the dead body of any person is
10 found, or lying within his county, whose death is suspected of
11 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 defined
18     in the Illinois Domestic Violence Act of 1986;
19         (b) A maternal or fetal death due to abortion, or any
20     death due to a sex crime or a crime against nature;
21         (c) A death where the circumstances are suspicious,
22     obscure, mysterious or otherwise unexplained or where, in
23     the written opinion of the attending physician, the cause

 

 

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

 

 

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

 

 

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1 of death is due to homicidal means, the coroner shall cause
2 blood, tissue, and saliva specimens, whenever possible, to be
3 withdrawn from the body of the decedent in a timely fashion.
4 The coroner shall deliver these specimens within 45 days of the
5 collection of the specimens to the Illinois Department of State
6 Police, Division of Forensic Services, for analysis and
7 categorizing into genetic marker groupings to be maintained by
8 the Illinois Department of State Police in the State central
9 repository in the same manner, and subject to the same
10 conditions, as provided in Section 5-4-3 of the Unified Code of
11 Corrections.
12     In all counties, in cases of apparent suicide, homicide, or
13 accidental death or in other cases, within the discretion of
14 the coroner, the coroner may summon 8 persons of lawful age
15 from those persons drawn for petit jurors in the county. The
16 summons shall command these persons to present themselves
17 personally at such a place and time as the coroner shall
18 determine, and may be in any form which the coroner shall
19 determine and may incorporate any reasonable form of request
20 for acknowledgement which the coroner deems practical and
21 provides a reliable proof of service. The summons may be served
22 by first class mail. From the 8 persons so summoned, the
23 coroner shall select 6 to serve as the jury for the inquest.
24 Inquests may be continued from time to time, as the coroner may
25 deem necessary. The 6 jurors selected in a given case may view
26 the body of the deceased. If at any continuation of an inquest

 

 

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1 one or more of the original jurors shall be unable to continue
2 to serve, the coroner shall fill the vacancy or vacancies. A
3 juror serving pursuant to this paragraph shall receive
4 compensation from the county at the same rate as the rate of
5 compensation that is paid to petit or grand jurors in the
6 county. The coroner shall furnish to each juror without fee at
7 the time of his discharge a certificate of the number of days
8 in attendance at an inquest, and, upon being presented with
9 such certificate, the county treasurer shall pay to the juror
10 the sum provided for his services.
11     In counties which have a jury commission, in cases of
12 apparent suicide or homicide or of accidental death, the
13 coroner may conduct an inquest. The jury commission shall
14 provide at least 8 jurors to the coroner, from whom the coroner
15 shall select any 6 to serve as the jury for the inquest.
16 Inquests may be continued from time to time as the coroner may
17 deem necessary. The 6 jurors originally chosen in a given case
18 may view the body of the deceased. If at any continuation of an
19 inquest one or more of the 6 jurors originally chosen shall be
20 unable to continue to serve, the coroner shall fill the vacancy
21 or vacancies. At the coroner's discretion, additional jurors to
22 fill such vacancies shall be supplied by the jury commission. A
23 juror serving pursuant to this paragraph in such county shall
24 receive compensation from the county at the same rate as the
25 rate of compensation that is paid to petit or grand jurors in
26 the county.

 

 

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1     In addition, in every case in which domestic violence is
2 determined to be a contributing factor in a death, the coroner
3 shall report the death to the Department of State Police.
4     All deaths in State institutions and all deaths of wards of
5 the State in private care facilities or in programs funded by
6 the Department of Human Services under its powers relating to
7 mental health and developmental disabilities or alcoholism and
8 substance abuse or funded by the Department of Children and
9 Family Services shall be reported to the coroner of the county
10 in which the facility is located. If the coroner has reason to
11 believe that an investigation is needed to determine whether
12 the death was caused by maltreatment or negligent care of the
13 ward of the State, the coroner may conduct a preliminary
14 investigation of the circumstances of such death as in cases of
15 death under circumstances set forth in paragraphs (a) through
16 (e) of this Section.
17 (Source: P.A. 93-1005, eff. 1-1-05; 94-924, eff. 1-1-07.)