Illinois General Assembly - Full Text of HB0233
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Full Text of HB0233  99th General Assembly




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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 Section
53-3013 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, as
9soon 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 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;
6shall go to the place where the dead body is, and take charge
7of the same and shall make a preliminary investigation into the
8circumstances of the death. In the case of death without
9attendance by a licensed physician the body may be moved with
10the coroner's consent from the place of death to a mortuary in
11the same county. Coroners in their discretion shall notify such
12physician as is designated in accordance with Section 3-3014 to
13attempt to ascertain the cause of death, either by autopsy or
15    In cases of accidental death involving a motor vehicle in
16which the decedent was (1) the operator or a suspected operator
17of a motor vehicle, or (2) a pedestrian 16 years of age or
18older, the coroner shall require that a blood specimen of at
19least 30 cc., and if medically possible a urine specimen of at
20least 30 cc. or as much as possible up to 30 cc., be withdrawn
21from the body of the decedent in a timely fashion after the
22accident causing his death, by such physician as has been
23designated in accordance with Section 3-3014, or by the coroner
24or deputy coroner or a qualified person designated by such
25physician, coroner, or deputy coroner. If the county does not
26maintain laboratory facilities for making such analysis, the



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



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1of death is due to homicidal means, the coroner or medical
2examiner shall cause blood and buccal specimens (tissue may be
3submitted if no uncontaminated blood or buccal specimen can be
4obtained), whenever possible, to be withdrawn from the body of
5the decedent in a timely fashion. For proper preservation of
6the specimens, collected blood and buccal specimens shall be
7dried and tissue specimens shall be frozen if available
8equipment exists. As soon as possible, but no later than 30
9Within 45 days after the collection of the specimens, the
10coroner or medical examiner shall release deliver those
11specimens, dried, to the police agency responsible for
12investigating the death. As soon as possible but no later than
1330 days after the receipt from the coroner or medical examiner,
14the police agency shall submit the specimens using the agency
15case number to a National DNA Index System (NDIS) participating
16laboratory within this State, such as the Illinois Department
17of State Police, Division of Forensic Services, for analysis
18and categorizing into genetic marker groupings. The results of
19the analysis and categorizing into genetic marker groupings
20shall be provided to the Illinois Department of State Police
21and shall to be maintained by the Illinois Department of State
22Police in the State central repository in the same manner, and
23subject to the same conditions, as provided in Section 5-4-3 of
24the Unified Code of Corrections. The requirements of this
25paragraph are in addition to any other findings, specimens, or
26information that the coroner or medical examiner is required to



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



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



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1    All deaths in State institutions and all deaths of wards of
2the State in private care facilities or in programs funded by
3the Department of Human Services under its powers relating to
4mental health and developmental disabilities or alcoholism and
5substance abuse or funded by the Department of Children and
6Family Services shall be reported to the coroner of the county
7in which the facility is located. If the coroner has reason to
8believe that an investigation is needed to determine whether
9the death was caused by maltreatment or negligent care of the
10ward of the State, the coroner may conduct a preliminary
11investigation of the circumstances of such death as in cases of
12death under circumstances set forth in paragraphs (a) through
13(e) of this Section.
14(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)