Full Text of SB0663 99th General Assembly
SB0663ham001 99TH GENERAL ASSEMBLY | Rep. Dan Brady Filed: 5/12/2015
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| 1 | | AMENDMENT TO SENATE BILL 663
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 663 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Coroner Training Board Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Board" means the Coroner Training Board.
| 8 | | "Coroner" means coroners and deputy coroners.
| 9 | | "Coroner training school" means any school located within | 10 | | or outside the State of Illinois whether privately or publicly | 11 | | owned which offers a course in coroner training and has been | 12 | | approved by the Board.
| 13 | | "Forensic pathologist" means a board certified pathologist | 14 | | by the American Board of Pathology. | 15 | | "Local governmental agency" means any local governmental | 16 | | unit or municipal corporation in this State. It does not |
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| 1 | | include the State of Illinois or any office, officer, | 2 | | department, division, bureau, board, commission, or agency of | 3 | | the State.
| 4 | | Section 10. Board; composition; appointments; tenure; | 5 | | vacancies. The Board shall be composed of 5 members who shall | 6 | | be appointed by the Governor as follows: 2 coroners, one | 7 | | forensic pathologist from the Cook County Medical Examiner's | 8 | | Office, one forensic pathologist from a county other than Cook | 9 | | County, and one citizen of Illinois who is not currently or was | 10 | | a coroner or forensic pathologist. The initial appointments by | 11 | | the Governor shall be made on the first Monday of August in | 12 | | 2016 and the initial appointments' terms shall be as follows: | 13 | | one coroner and one forensic pathologist shall be for a period | 14 | | of one year, the second coroner and the second forensic | 15 | | pathologist for 3 years, and the citizen for a period of 3 | 16 | | years. Their successors shall be appointed in like manner for | 17 | | terms to expire the first Monday of August each 3 years | 18 | | thereafter. All members shall serve until their respective | 19 | | successors are appointed and qualify. Vacancies shall be filled | 20 | | by the Governor for the unexpired terms. | 21 | | Section 15. Initial board meeting; election of officers. | 22 | | The initial meeting of the Board shall be held no later than | 23 | | August 31, 2016. The Board shall elect from its number a | 24 | | Chairman and Vice-Chairman, adopt rules of procedure, and shall |
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| 1 | | meet at least 4 times each year. | 2 | | The Board may employ an Executive Director and other | 3 | | necessary clerical and technical personnel. Special meetings | 4 | | of the Board may be called at any time by the Chairman or upon | 5 | | the request of any 2 members. The members of the Board shall | 6 | | serve without compensation but shall be entitled to | 7 | | reimbursement for their actual expenses in attending meetings | 8 | | and in the performance of their duties hereunder from funds | 9 | | appropriated for that purpose.
| 10 | | Section 20. Powers of the Board. The Board has the | 11 | | following powers and duties:
| 12 | | (a) To require units of local governmental to furnish such | 13 | | reports and information as the Board deems necessary to fully | 14 | | implement this Act.
| 15 | | (b) To establish by rule appropriate mandatory minimum | 16 | | standards relating to the training of coroners, including, but | 17 | | not limited to, Part 1760 of Chapter V of Title 20 of the | 18 | | Illinois Administrative Code.
The Board shall consult with the | 19 | | Illinois Coroners and Medical Examiners Association when | 20 | | adopting mandatory minimum standards. | 21 | | (c) To provide appropriate certification to those coroners | 22 | | who successfully complete the prescribed minimum standard | 23 | | basic training course.
| 24 | | (d) To review and approve annual training curriculum for | 25 | | coroners.
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| 1 | | (e) To review and approve applicants to ensure no applicant | 2 | | is admitted to a coroner training school unless the applicant | 3 | | is a person of good character and has not been convicted of a | 4 | | felony offense, any of the misdemeanors in Sections 11-1.50, | 5 | | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, | 6 | | 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012, subdivision | 8 | | (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012, or subsection (a) of Section | 10 | | 17-32 of the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012, or Section 5 or 5.2 of the Cannabis Control Act, or a | 12 | | crime involving moral turpitude under the laws of this State or | 13 | | any other state which if committed in this State would be | 14 | | punishable as a felony or a crime of moral turpitude. The Board | 15 | | may appoint investigators who shall enforce the duties | 16 | | conferred upon the Board by this Act.
| 17 | | Section 25. Selection and certification of schools. The | 18 | | Board shall select and certify coroner training schools within | 19 | | or outside the State of Illinois for the purpose of providing | 20 | | basic training for coroners and of providing advanced or | 21 | | in-service training for coroners, which schools may be either | 22 | | publicly or privately owned and operated. | 23 | | Section 30. Death investigation training; waiver for | 24 | | experience.
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| 1 | | (a) The Board shall conduct or approve a training program | 2 | | in death investigation for the training of coroners. Only | 3 | | coroners who successfully complete the training program may be | 4 | | assigned as lead investigators in a coroner's investigations. | 5 | | Satisfactory completion of the training program shall be | 6 | | evidenced by a certificate issued to the coroner by the Board. | 7 | | (b) The Board shall develop a process for waiver | 8 | | applications sent from a coroner's office for those coroners | 9 | | whose prior training and experience as a death or homicide | 10 | | investigator may qualify them for a waiver. The Board may issue | 11 | | a waiver at its discretion, based solely on the prior training | 12 | | and experience of a coroner as a death or homicide | 13 | | investigator. | 14 | | Section 35. Acceptance of contributions and gifts. The | 15 | | Board may accept contributions, capital grants, gifts, | 16 | | donations, services or other financial assistance from any | 17 | | individual, association, corporation, the United States of | 18 | | America and any of its agencies or instrumentalities, or any | 19 | | other organization having a legitimate interest in coroner | 20 | | training.
| 21 | | Section 40. The Illinois Police Training Act is amended by | 22 | | changing Sections 1 and 10.11 as follows:
| 23 | | (50 ILCS 705/1) (from Ch. 85, par. 501)
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| 1 | | Sec. 1.
It is hereby declared as a matter of legislative | 2 | | determination that
in order to promote and protect citizen | 3 | | health, safety and welfare, it is
necessary and in the public | 4 | | interest to provide for the creation of the
Illinois Law | 5 | | Enforcement Training Standards Board for the purpose of
| 6 | | encouraging and aiding municipalities, counties, park | 7 | | districts, State
controlled universities, colleges, and public | 8 | | community colleges, and other
local governmental agencies of | 9 | | this State and participating State agencies in
their efforts to | 10 | | raise the level of law enforcement by upgrading and
maintaining | 11 | | a high level of training and standards for law enforcement
| 12 | | executives and officers, county corrections officers, | 13 | | sheriffs, county
coroners, and law enforcement support | 14 | | personnel under this Act. It is
declared to be the | 15 | | responsibility of the board to ensure the required
| 16 | | participation of the pertinent local governmental units in the | 17 | | programs
established under this Act, to encourage the voluntary | 18 | | participation of other
local governmental units and | 19 | | participating State agencies, to set standards,
develop and | 20 | | provide quality training and education, and to aid in the
| 21 | | establishment of adequate training facilities.
| 22 | | (Source: P.A. 88-586, eff. 8-12-94.)
| 23 | | (50 ILCS 705/10.11) | 24 | | Sec. 10.11. Training; death and homicide investigation. | 25 | | The Illinois Law Enforcement Training and Standards Board shall |
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| 1 | | conduct or approve a training program in death and homicide | 2 | | investigation for the training of law enforcement officers of | 3 | | local government agencies and coroners . Only law enforcement | 4 | | officers and coroners who successfully complete the training | 5 | | program may be assigned as lead investigators in death and | 6 | | homicide investigations and coroner's investigations, | 7 | | respectively . Satisfactory completion of the training program | 8 | | shall be evidenced by a certificate issued to the law | 9 | | enforcement officer or coroner by the Illinois Law Enforcement | 10 | | Training and Standards Board.
| 11 | | The Illinois Law Enforcement Training and Standards Board | 12 | | shall develop a process for waiver applications sent by a local | 13 | | law enforcement agency administrator or from a coroner's office | 14 | | for those officers or coroners whose prior training and | 15 | | experience as homicide investigators may qualify them for a | 16 | | waiver. The Board may issue a waiver at its discretion, based | 17 | | solely on the prior training and experience of an officer or a | 18 | | coroner as a homicide investigator. This Section does not | 19 | | affect or impede the powers of the office of the coroner to | 20 | | investigate all deaths as provided in Division 3-3 of the | 21 | | Counties Code and the Coroner Training Board Act . | 22 | | (Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12; | 23 | | 97-1009, eff. 1-1-13.) | 24 | | Section 45. The Counties Code is amended by changing | 25 | | Section 3-3001 as follows:
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| 1 | | (55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)
| 2 | | Sec. 3-3001. Commission; training; duties performed by | 3 | | other county officer.
| 4 | | (a) Every coroner shall be commissioned by the Governor, | 5 | | but no
commission shall issue except upon the certificate of | 6 | | the county clerk of
the proper county of the due election or | 7 | | appointment of the coroner and
that the coroner has filed his | 8 | | or her bond and taken the oath of office as
provided in this | 9 | | Division.
| 10 | | (b) (1) Within 30 days of assuming office, a coroner | 11 | | elected to that office
for the first time shall apply for | 12 | | admission to the Coroner Training Board Illinois Law | 13 | | Enforcement
Training Standards Board coroners training | 14 | | program. Completion of the training
program shall be within | 15 | | 6 months of application. Any coroner may direct the
chief | 16 | | deputy coroner or a deputy coroner, or both, to attend the | 17 | | training
program, provided the coroner has completed the | 18 | | training program. Satisfactory
completion of the program | 19 | | shall be evidenced by a certificate issued to the
coroner | 20 | | by the Coroner Training Board Illinois Law Enforcement | 21 | | Training Standards Board . All coroners
shall complete the | 22 | | training program at least once while serving as coroner.
| 23 | | (2) In developing the coroner training program, the | 24 | | Coroner Training Board Illinois Law
Enforcement Training | 25 | | Standards Board shall consult with the
Illinois Coroners |
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| 1 | | and Medical Examiners Association or other organization as | 2 | | approved by the Coroner Training Board and the Illinois | 3 | | Necropsy Board .
| 4 | | (3) The Coroner Training Board Illinois Law | 5 | | Enforcement Training Standards Board shall notify the
| 6 | | proper county board of the failure by a coroner to | 7 | | successfully complete this
training program.
| 8 | | (c) Every coroner shall attend at least 24 hours of | 9 | | accredited
continuing education for coroners in each calendar | 10 | | year.
| 11 | | (d) In all counties that provide by resolution for the | 12 | | elimination of
the office of coroner pursuant to a referendum, | 13 | | the resolution may also
provide, as part of the same | 14 | | proposition, that the duties of the coroner be
taken over by | 15 | | another county officer specified by the resolution and
| 16 | | proposition.
| 17 | | (Source: P.A. 87-255; 88-586, eff. 8-12-94.)
| 18 | | Section 50. The Vital Records Act is amended by changing | 19 | | Section 25.5 as follows:
| 20 | | (410 ILCS 535/25.5)
| 21 | | Sec. 25.5. Death Certificate Surcharge Fund. The | 22 | | additional $2 fee for
certified copies of death certificates | 23 | | and fetal death certificates must be
deposited into the Death | 24 | | Certificate Surcharge Fund, a special fund created in
the State |
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| 1 | | treasury. Beginning 30 days after the effective date of this
| 2 | | amendatory Act of the 92nd General Assembly and until January | 3 | | 1, 2003 and
then beginning again on July 1, 2003 and until July | 4 | | 1, 2005, moneys
in the Fund, subject to appropriation, may be | 5 | | used by the
Department for the purpose of implementing an | 6 | | electronic reporting system for
death registrations as | 7 | | provided in Section 18.5 of this Act. Before the
effective date | 8 | | of this amendatory Act of the 92nd General Assembly,
on and
| 9 | | after January 1, 2003 and until July 1, 2003, and on and after | 10 | | July
1, 2005,
moneys in the Fund, subject to appropriations, | 11 | | may be
used as follows: (i) 25% by the Coroner Training Board | 12 | | Illinois Law Enforcement Training Standards
Board for the | 13 | | purpose of training coroners, deputy coroners, forensic
| 14 | | pathologists, and police officers for death homicide | 15 | | investigations and lodging and travel expenses relating to | 16 | | training , (ii) 25% for
grants by the Department of Public | 17 | | Health
for distribution to
all local county coroners and | 18 | | medical examiners or officials charged with the
duties set | 19 | | forth under Division 3-3 of the Counties Code, who have a | 20 | | different
title, for equipment and lab facilities, (iii) 25% by | 21 | | the Department of Public
Health
for the purpose of
setting up a | 22 | | statewide database of death certificates and implementing an
| 23 | | electronic reporting system for death registrations pursuant | 24 | | to Section 18.5,
and (iv) 25% for a grant by the Department of | 25 | | Public Health to
local registrars.
| 26 | | (Source: P.A. 92-16, eff. 6-28-01; 92-141, eff. 7-24-01; 93-45, |
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| 1 | | 7-1-03.)".
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