Public Act 099-0354
 
HB0233 EnrolledLRB099 02809 AWJ 22817 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by changing Section 
3-3013 as follows:
 


    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)



    Sec. 3-3013. Preliminary investigations; blood and urine 
analysis;
summoning jury; reports.  Every coroner, whenever, as 
soon as he knows or is
informed that the dead body of any 
person is found, or lying within his
county, whose death is 
suspected of being:

        (a) A sudden or violent death, whether apparently 
    suicidal,
homicidal or accidental, including but not 
    limited to deaths apparently
caused or contributed to by 
    thermal, traumatic, chemical, electrical or
radiational 
    injury, or a complication of any of them, or by drowning or

    suffocation, or as a result of domestic violence as defined 
    in the Illinois
Domestic
Violence Act of 1986;

        (b) A maternal or fetal death due to abortion, or any 
    death due to a
sex crime or a crime against nature;

        (c) A death where the circumstances are suspicious, 
    obscure,
mysterious or otherwise unexplained or where, in 
    the written opinion of
the attending physician, the cause 
    of death is not determined;

        (d) A death where addiction to alcohol or to any drug 
    may have been
a contributory cause; or

        (e) A death where the decedent was not attended by a 
    licensed
physician;

shall go to the place where the dead body is, and take charge 
of the
same and shall make a preliminary investigation into the 
circumstances
of the death.  In the case of death without 
attendance by a licensed
physician the body may be moved with 
the coroner's consent from the
place of death to a mortuary in 
the same county.  Coroners in their
discretion shall notify such 
physician as is designated in accordance
with Section 3-3014 to 
attempt to ascertain the cause of death, either by
autopsy or 
otherwise.

    In cases of accidental death involving a motor vehicle in 
which the
decedent was (1) the operator or a suspected operator 
of a motor
vehicle, or (2) a pedestrian 16 years of age or 
older, the coroner shall
require that a blood specimen of at 
least 30 cc., and if medically
possible a urine specimen of at 
least 30 cc.  or as much as possible up
to 30 cc., be withdrawn 
from the body of the decedent in a timely fashion after

the 
accident causing his death, by such physician as has been 
designated
in accordance with Section 3-3014, or by the coroner 
or deputy coroner or
a qualified person designated by such 
physician, coroner, or deputy coroner.  If the county
does not 
maintain laboratory facilities for making such analysis, the

blood and urine so drawn shall be sent to the Department of 
State Police or any other accredited or State-certified 
laboratory
for analysis of the alcohol, carbon monoxide, and 
dangerous or
narcotic drug content of such blood and urine 
specimens.  Each specimen
submitted shall be accompanied by 
pertinent information concerning the
decedent upon a form 
prescribed by such laboratory.  Any
person drawing blood and 
urine and any person making any examination of
the blood and 
urine under the terms of this Division shall be immune from all

liability, civil or criminal, that might otherwise be incurred 
or
imposed.

    In all other cases coming within the jurisdiction of the 
coroner and
referred to in subparagraphs (a) through (e) above, 
blood, and whenever
possible, urine samples shall be analyzed 
for the presence of alcohol
and other drugs.  When the coroner 
suspects that drugs may have been
involved in the death, either 
directly or indirectly, a toxicological
examination shall be 
performed which may include analyses of blood, urine,
bile, 
gastric contents and other tissues. When the coroner suspects
a 
death is due to toxic substances, other than drugs, the coroner 
shall
consult with the toxicologist prior to collection of 
samples.  Information
submitted to the toxicologist shall 
include information as to height,
weight, age, sex and race of 
the decedent as well as medical history,
medications used by 
and the manner of death of decedent.

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

    In all counties, in cases of apparent
suicide, homicide, or 
accidental death or in other cases, within the
discretion of 
the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county.  The 
summons shall
command these persons to present themselves 
personally at such a place and
time as the coroner shall 
determine, and may be in any form which the
coroner shall 
determine and may incorporate any reasonable form of request

for acknowledgement which the coroner deems practical and 
provides a
reliable proof of service.  The summons may be served 
by first class mail.
From the 8 persons so summoned, the 
coroner shall select 6 to serve as the
jury for the inquest.  
Inquests may be continued from time
to time, as the coroner may 
deem necessary.  The 6 jurors selected in
a given case may view 
the body of the deceased.
If at any continuation of an inquest 
one or more of the original jurors
shall be unable to continue 
to serve, the coroner shall fill the vacancy or
vacancies. A 
juror serving pursuant to this paragraph shall receive

compensation from the county at the same rate as the rate of 
compensation
that is paid to petit or grand jurors in the 
county.  The coroner shall
furnish to each juror without fee at 
the time of his discharge a
certificate  of the number of days 
in attendance at an inquest, and, upon
being presented with 
such certificate, the county treasurer shall pay to
the juror 
the sum provided for his services.

    In counties which have a jury commission, in cases of 
apparent suicide or
homicide or of accidental death, the 
coroner may conduct an inquest.  The jury commission shall 
provide
at least 8 jurors to the coroner, from whom the coroner 
shall select any 6
to serve as the jury for the inquest.  
Inquests may be continued from time
to time as the coroner may 
deem necessary.  The 6 jurors originally chosen
in a given case 
may view the body of the deceased.  If at any continuation
of an 
inquest one or more of the 6 jurors originally chosen shall be 
unable
to continue to serve, the coroner shall fill the vacancy 
or vacancies.  At
the coroner's discretion, additional jurors to 
fill such vacancies shall be
supplied by the jury commission.  A 
juror serving pursuant to this
paragraph in such county shall 
receive compensation from the county at the
same rate as the 
rate of compensation that is paid to petit or grand jurors
in 
the county.

    In every case in which a fire is determined to be
a

contributing factor in a death, the coroner shall report the 
death to the
Office of the State Fire Marshal. The coroner 
shall provide a copy of the death certificate (i) within 30 
days after filing the permanent death certificate and (ii) in a 
manner that is agreed upon by the coroner and the State Fire 
Marshal. 
    In addition, in every case in which domestic violence is 
determined to be
a
contributing factor in a death, the coroner 
shall report the death to the
Department of State Police.

    All deaths in State institutions and all deaths of wards of 
the State in
private care facilities or in programs funded by 
the Department of Human
Services under its powers relating to 
mental health and developmental
disabilities or alcoholism and 
substance
abuse or funded by the Department of Children and 
Family Services shall
be reported to the coroner of the county 
in which the facility is
located.  If the coroner has reason to 
believe that an investigation is
needed to determine whether 
the death was caused by maltreatment or
negligent care of the 
ward of the State, the coroner may conduct a
preliminary 
investigation of the circumstances of such death as in cases of

death under circumstances set forth in paragraphs (a) through 
(e) of this
Section.

(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)

  


Effective Date:  1/1/2016