Illinois 2023-2024 Regular Session

Illinois House Bill HB2591 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2591 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 Amends the Counties Code. Provides that, when a corner knows or is informed that a death is suspected to be a maternal or fetal death due to an abortion, the coroner shall go to the place where the dead body is located, take charge of the body, and make a preliminary investigation into the circumstances of the death. Effective immediate. LRB103 28049 AWJ 54428 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2591 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 Amends the Counties Code. Provides that, when a corner knows or is informed that a death is suspected to be a maternal or fetal death due to an abortion, the coroner shall go to the place where the dead body is located, take charge of the body, and make a preliminary investigation into the circumstances of the death. Effective immediate. LRB103 28049 AWJ 54428 b LRB103 28049 AWJ 54428 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2591 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
33 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
44 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
55 Amends the Counties Code. Provides that, when a corner knows or is informed that a death is suspected to be a maternal or fetal death due to an abortion, the coroner shall go to the place where the dead body is located, take charge of the body, and make a preliminary investigation into the circumstances of the death. Effective immediate.
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1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Counties Code is amended by changing
1515 5 Section 3-3013 as follows:
1616 6 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
1717 7 (Text of Section before amendment by P.A. 102-982)
1818 8 Sec. 3-3013. Preliminary investigations; blood and urine
1919 9 analysis; summoning jury; reports. Every coroner, whenever,
2020 10 as soon as he knows or is informed that the dead body of any
2121 11 person is found, or lying within his county, whose death is
2222 12 suspected of being:
2323 13 (a) A sudden or violent death, whether apparently
2424 14 suicidal, homicidal, or accidental, including, but not
2525 15 limited to, deaths apparently caused or contributed to by
2626 16 thermal, traumatic, chemical, electrical, or radiational
2727 17 injury, or a complication of any of them, or by drowning or
2828 18 suffocation, or as a result of domestic violence as
2929 19 defined in the Illinois Domestic Violence Act of 1986;
3030 20 (b) A maternal or fetal death due to abortion, or any
3131 21 death due to a sex crime;
3232 22 (c) A death where the circumstances are suspicious,
3333 23 obscure, mysterious, or otherwise unexplained or where, in
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2591 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3838 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
3939 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
4040 Amends the Counties Code. Provides that, when a corner knows or is informed that a death is suspected to be a maternal or fetal death due to an abortion, the coroner shall go to the place where the dead body is located, take charge of the body, and make a preliminary investigation into the circumstances of the death. Effective immediate.
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6868 1 the written opinion of the attending physician, the cause
6969 2 of death is not determined;
7070 3 (d) A death where addiction to alcohol or to any drug
7171 4 may have been a contributory cause; or
7272 5 (e) A death where the decedent was not attended by a
7373 6 licensed physician;
7474 7 shall go to the place where the dead body is, and take charge
7575 8 of the same and shall make a preliminary investigation into
7676 9 the circumstances of the death. In the case of death without
7777 10 attendance by a licensed physician, the body may be moved with
7878 11 the coroner's consent from the place of death to a mortuary in
7979 12 the same county. Coroners in their discretion shall notify
8080 13 such physician as is designated in accordance with Section
8181 14 3-3014 to attempt to ascertain the cause of death, either by
8282 15 autopsy or otherwise.
8383 16 In cases of accidental death involving a motor vehicle in
8484 17 which the decedent was (1) the operator or a suspected
8585 18 operator of a motor vehicle, or (2) a pedestrian 16 years of
8686 19 age or older, the coroner shall require that a blood specimen
8787 20 of at least 30 cc., and if medically possible a urine specimen
8888 21 of at least 30 cc. or as much as possible up to 30 cc., be
8989 22 withdrawn from the body of the decedent in a timely fashion
9090 23 after the accident causing his death, by such physician as has
9191 24 been designated in accordance with Section 3-3014, or by the
9292 25 coroner or deputy coroner or a qualified person designated by
9393 26 such physician, coroner, or deputy coroner. If the county does
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104104 1 not maintain laboratory facilities for making such analysis,
105105 2 the blood and urine so drawn shall be sent to the Illinois
106106 3 State Police or any other accredited or State-certified
107107 4 laboratory for analysis of the alcohol, carbon monoxide, and
108108 5 dangerous or narcotic drug content of such blood and urine
109109 6 specimens. Each specimen submitted shall be accompanied by
110110 7 pertinent information concerning the decedent upon a form
111111 8 prescribed by such laboratory. Any person drawing blood and
112112 9 urine and any person making any examination of the blood and
113113 10 urine under the terms of this Division shall be immune from all
114114 11 liability, civil or criminal, that might otherwise be incurred
115115 12 or imposed.
116116 13 In all other cases coming within the jurisdiction of the
117117 14 coroner and referred to in subparagraphs (a) through (e)
118118 15 above, blood, and, whenever possible, urine samples shall be
119119 16 analyzed for the presence of alcohol and other drugs. When the
120120 17 coroner suspects that drugs may have been involved in the
121121 18 death, either directly or indirectly, a toxicological
122122 19 examination shall be performed which may include analyses of
123123 20 blood, urine, bile, gastric contents, and other tissues. When
124124 21 the coroner suspects a death is due to toxic substances, other
125125 22 than drugs, the coroner shall consult with the toxicologist
126126 23 prior to collection of samples. Information submitted to the
127127 24 toxicologist shall include information as to height, weight,
128128 25 age, sex, and race of the decedent as well as medical history,
129129 26 medications used by, and the manner of death of the decedent.
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140140 1 When the coroner or medical examiner finds that the cause
141141 2 of death is due to homicidal means, the coroner or medical
142142 3 examiner shall cause blood and buccal specimens (tissue may be
143143 4 submitted if no uncontaminated blood or buccal specimen can be
144144 5 obtained), whenever possible, to be withdrawn from the body of
145145 6 the decedent in a timely fashion. For proper preservation of
146146 7 the specimens, collected blood and buccal specimens shall be
147147 8 dried and tissue specimens shall be frozen if available
148148 9 equipment exists. As soon as possible, but no later than 30
149149 10 days after the collection of the specimens, the coroner or
150150 11 medical examiner shall release those specimens to the police
151151 12 agency responsible for investigating the death. As soon as
152152 13 possible, but no later than 30 days after the receipt from the
153153 14 coroner or medical examiner, the police agency shall submit
154154 15 the specimens using the agency case number to a National DNA
155155 16 Index System (NDIS) participating laboratory within this
156156 17 State, such as the Illinois State Police, Division of Forensic
157157 18 Services, for analysis and categorizing into genetic marker
158158 19 groupings. The results of the analysis and categorizing into
159159 20 genetic marker groupings shall be provided to the Illinois
160160 21 State Police and shall be maintained by the Illinois State
161161 22 Police in the State central repository in the same manner, and
162162 23 subject to the same conditions, as provided in Section 5-4-3
163163 24 of the Unified Code of Corrections. The requirements of this
164164 25 paragraph are in addition to any other findings, specimens, or
165165 26 information that the coroner or medical examiner is required
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176176 1 to provide during the conduct of a criminal investigation.
177177 2 In all counties, in cases of apparent suicide, homicide,
178178 3 or accidental death or in other cases, within the discretion
179179 4 of the coroner, the coroner may summon 8 persons of lawful age
180180 5 from those persons drawn for petit jurors in the county. The
181181 6 summons shall command these persons to present themselves
182182 7 personally at such a place and time as the coroner shall
183183 8 determine, and may be in any form which the coroner shall
184184 9 determine and may incorporate any reasonable form of request
185185 10 for acknowledgment which the coroner deems practical and
186186 11 provides a reliable proof of service. The summons may be
187187 12 served by first class mail. From the 8 persons so summoned, the
188188 13 coroner shall select 6 to serve as the jury for the inquest.
189189 14 Inquests may be continued from time to time, as the coroner may
190190 15 deem necessary. The 6 jurors selected in a given case may view
191191 16 the body of the deceased. If at any continuation of an inquest
192192 17 one or more of the original jurors shall be unable to continue
193193 18 to serve, the coroner shall fill the vacancy or vacancies. A
194194 19 juror serving pursuant to this paragraph shall receive
195195 20 compensation from the county at the same rate as the rate of
196196 21 compensation that is paid to petit or grand jurors in the
197197 22 county. The coroner shall furnish to each juror without fee at
198198 23 the time of his discharge a certificate of the number of days
199199 24 in attendance at an inquest, and, upon being presented with
200200 25 such certificate, the county treasurer shall pay to the juror
201201 26 the sum provided for his services.
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212212 1 In counties which have a jury commission, in cases of
213213 2 apparent suicide or homicide or of accidental death, the
214214 3 coroner may conduct an inquest. The jury commission shall
215215 4 provide at least 8 jurors to the coroner, from whom the coroner
216216 5 shall select any 6 to serve as the jury for the inquest.
217217 6 Inquests may be continued from time to time as the coroner may
218218 7 deem necessary. The 6 jurors originally chosen in a given case
219219 8 may view the body of the deceased. If at any continuation of an
220220 9 inquest one or more of the 6 jurors originally chosen shall be
221221 10 unable to continue to serve, the coroner shall fill the
222222 11 vacancy or vacancies. At the coroner's discretion, additional
223223 12 jurors to fill such vacancies shall be supplied by the jury
224224 13 commission. A juror serving pursuant to this paragraph in such
225225 14 county shall receive compensation from the county at the same
226226 15 rate as the rate of compensation that is paid to petit or grand
227227 16 jurors in the county.
228228 17 In every case in which a fire is determined to be a
229229 18 contributing factor in a death, the coroner shall report the
230230 19 death to the Office of the State Fire Marshal. The coroner
231231 20 shall provide a copy of the death certificate (i) within 30
232232 21 days after filing the permanent death certificate and (ii) in
233233 22 a manner that is agreed upon by the coroner and the State Fire
234234 23 Marshal.
235235 24 In every case in which a drug overdose is determined to be
236236 25 the cause or a contributing factor in the death, the coroner or
237237 26 medical examiner shall report the death to the Department of
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248248 1 Public Health. The Department of Public Health shall adopt
249249 2 rules regarding specific information that must be reported in
250250 3 the event of such a death. If possible, the coroner shall
251251 4 report the cause of the overdose. As used in this Section,
252252 5 "overdose" has the same meaning as it does in Section 414 of
253253 6 the Illinois Controlled Substances Act. The Department of
254254 7 Public Health shall issue a semiannual report to the General
255255 8 Assembly summarizing the reports received. The Department
256256 9 shall also provide on its website a monthly report of overdose
257257 10 death figures organized by location, age, and any other
258258 11 factors, the Department deems appropriate.
259259 12 In addition, in every case in which domestic violence is
260260 13 determined to be a contributing factor in a death, the coroner
261261 14 shall report the death to the Illinois State Police.
262262 15 All deaths in State institutions and all deaths of wards
263263 16 of the State or youth in care as defined in Section 4d of the
264264 17 Children and Family Services Act in private care facilities or
265265 18 in programs funded by the Department of Human Services under
266266 19 its powers relating to mental health and developmental
267267 20 disabilities or alcoholism and substance abuse or funded by
268268 21 the Department of Children and Family Services shall be
269269 22 reported to the coroner of the county in which the facility is
270270 23 located. If the coroner has reason to believe that an
271271 24 investigation is needed to determine whether the death was
272272 25 caused by maltreatment or negligent care of the ward of the
273273 26 State or youth in care as defined in Section 4d of the Children
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284284 1 and Family Services Act, the coroner may conduct a preliminary
285285 2 investigation of the circumstances of such death as in cases
286286 3 of death under circumstances set forth in subparagraphs
287287 4 paragraphs (a) through (e) of this Section.
288288 5 (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
289289 6 revised 8-23-22.)
290290 7 (Text of Section after amendment by P.A. 102-982)
291291 8 Sec. 3-3013. Preliminary investigations; blood and urine
292292 9 analysis; summoning jury; reports. Every coroner, whenever,
293293 10 as soon as he knows or is informed that the dead body of any
294294 11 person is found, or lying within his county, whose death is
295295 12 suspected of being:
296296 13 (a) A sudden or violent death, whether apparently
297297 14 suicidal, homicidal, or accidental, including, but not
298298 15 limited to, deaths apparently caused or contributed to by
299299 16 thermal, traumatic, chemical, electrical, or radiational
300300 17 injury, or a complication of any of them, or by drowning or
301301 18 suffocation, or as a result of domestic violence as
302302 19 defined in the Illinois Domestic Violence Act of 1986;
303303 20 (b) A maternal or fetal death due to abortion, or any
304304 21 death due to a sex crime;
305305 22 (c) A death where the circumstances are suspicious,
306306 23 obscure, mysterious, or otherwise unexplained or where, in
307307 24 the written opinion of the attending physician, the cause
308308 25 of death is not determined;
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319319 1 (d) A death where addiction to alcohol or to any drug
320320 2 may have been a contributory cause; or
321321 3 (e) A death where the decedent was not attended by a
322322 4 licensed physician;
323323 5 shall go to the place where the dead body is, and take charge
324324 6 of the same and shall make a preliminary investigation into
325325 7 the circumstances of the death. In the case of death without
326326 8 attendance by a licensed physician, the body may be moved with
327327 9 the coroner's consent from the place of death to a mortuary in
328328 10 the same county. Coroners in their discretion shall notify
329329 11 such physician as is designated in accordance with Section
330330 12 3-3014 to attempt to ascertain the cause of death, either by
331331 13 autopsy or otherwise.
332332 14 In cases of accidental death involving a motor vehicle in
333333 15 which the decedent was (1) the operator or a suspected
334334 16 operator of a motor vehicle, or (2) a pedestrian 16 years of
335335 17 age or older, the coroner shall require that a blood specimen
336336 18 of at least 30 cc., and if medically possible a urine specimen
337337 19 of at least 30 cc. or as much as possible up to 30 cc., be
338338 20 withdrawn from the body of the decedent in a timely fashion
339339 21 after the crash causing his death, by such physician as has
340340 22 been designated in accordance with Section 3-3014, or by the
341341 23 coroner or deputy coroner or a qualified person designated by
342342 24 such physician, coroner, or deputy coroner. If the county does
343343 25 not maintain laboratory facilities for making such analysis,
344344 26 the blood and urine so drawn shall be sent to the Illinois
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355355 1 State Police or any other accredited or State-certified
356356 2 laboratory for analysis of the alcohol, carbon monoxide, and
357357 3 dangerous or narcotic drug content of such blood and urine
358358 4 specimens. Each specimen submitted shall be accompanied by
359359 5 pertinent information concerning the decedent upon a form
360360 6 prescribed by such laboratory. Any person drawing blood and
361361 7 urine and any person making any examination of the blood and
362362 8 urine under the terms of this Division shall be immune from all
363363 9 liability, civil or criminal, that might otherwise be incurred
364364 10 or imposed.
365365 11 In all other cases coming within the jurisdiction of the
366366 12 coroner and referred to in subparagraphs (a) through (e)
367367 13 above, blood, and, whenever possible, urine samples shall be
368368 14 analyzed for the presence of alcohol and other drugs. When the
369369 15 coroner suspects that drugs may have been involved in the
370370 16 death, either directly or indirectly, a toxicological
371371 17 examination shall be performed which may include analyses of
372372 18 blood, urine, bile, gastric contents, and other tissues. When
373373 19 the coroner suspects a death is due to toxic substances, other
374374 20 than drugs, the coroner shall consult with the toxicologist
375375 21 prior to collection of samples. Information submitted to the
376376 22 toxicologist shall include information as to height, weight,
377377 23 age, sex, and race of the decedent as well as medical history,
378378 24 medications used by, and the manner of death of the decedent.
379379 25 When the coroner or medical examiner finds that the cause
380380 26 of death is due to homicidal means, the coroner or medical
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391391 1 examiner shall cause blood and buccal specimens (tissue may be
392392 2 submitted if no uncontaminated blood or buccal specimen can be
393393 3 obtained), whenever possible, to be withdrawn from the body of
394394 4 the decedent in a timely fashion. For proper preservation of
395395 5 the specimens, collected blood and buccal specimens shall be
396396 6 dried and tissue specimens shall be frozen if available
397397 7 equipment exists. As soon as possible, but no later than 30
398398 8 days after the collection of the specimens, the coroner or
399399 9 medical examiner shall release those specimens to the police
400400 10 agency responsible for investigating the death. As soon as
401401 11 possible, but no later than 30 days after the receipt from the
402402 12 coroner or medical examiner, the police agency shall submit
403403 13 the specimens using the agency case number to a National DNA
404404 14 Index System (NDIS) participating laboratory within this
405405 15 State, such as the Illinois State Police, Division of Forensic
406406 16 Services, for analysis and categorizing into genetic marker
407407 17 groupings. The results of the analysis and categorizing into
408408 18 genetic marker groupings shall be provided to the Illinois
409409 19 State Police and shall be maintained by the Illinois State
410410 20 Police in the State central repository in the same manner, and
411411 21 subject to the same conditions, as provided in Section 5-4-3
412412 22 of the Unified Code of Corrections. The requirements of this
413413 23 paragraph are in addition to any other findings, specimens, or
414414 24 information that the coroner or medical examiner is required
415415 25 to provide during the conduct of a criminal investigation.
416416 26 In all counties, in cases of apparent suicide, homicide,
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427427 1 or accidental death or in other cases, within the discretion
428428 2 of the coroner, the coroner may summon 8 persons of lawful age
429429 3 from those persons drawn for petit jurors in the county. The
430430 4 summons shall command these persons to present themselves
431431 5 personally at such a place and time as the coroner shall
432432 6 determine, and may be in any form which the coroner shall
433433 7 determine and may incorporate any reasonable form of request
434434 8 for acknowledgment which the coroner deems practical and
435435 9 provides a reliable proof of service. The summons may be
436436 10 served by first class mail. From the 8 persons so summoned, the
437437 11 coroner shall select 6 to serve as the jury for the inquest.
438438 12 Inquests may be continued from time to time, as the coroner may
439439 13 deem necessary. The 6 jurors selected in a given case may view
440440 14 the body of the deceased. If at any continuation of an inquest
441441 15 one or more of the original jurors shall be unable to continue
442442 16 to serve, the coroner shall fill the vacancy or vacancies. A
443443 17 juror serving pursuant to this paragraph shall receive
444444 18 compensation from the county at the same rate as the rate of
445445 19 compensation that is paid to petit or grand jurors in the
446446 20 county. The coroner shall furnish to each juror without fee at
447447 21 the time of his discharge a certificate of the number of days
448448 22 in attendance at an inquest, and, upon being presented with
449449 23 such certificate, the county treasurer shall pay to the juror
450450 24 the sum provided for his services.
451451 25 In counties which have a jury commission, in cases of
452452 26 apparent suicide or homicide or of accidental death, the
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463463 1 coroner may conduct an inquest. The jury commission shall
464464 2 provide at least 8 jurors to the coroner, from whom the coroner
465465 3 shall select any 6 to serve as the jury for the inquest.
466466 4 Inquests may be continued from time to time as the coroner may
467467 5 deem necessary. The 6 jurors originally chosen in a given case
468468 6 may view the body of the deceased. If at any continuation of an
469469 7 inquest one or more of the 6 jurors originally chosen shall be
470470 8 unable to continue to serve, the coroner shall fill the
471471 9 vacancy or vacancies. At the coroner's discretion, additional
472472 10 jurors to fill such vacancies shall be supplied by the jury
473473 11 commission. A juror serving pursuant to this paragraph in such
474474 12 county shall receive compensation from the county at the same
475475 13 rate as the rate of compensation that is paid to petit or grand
476476 14 jurors in the county.
477477 15 In every case in which a fire is determined to be a
478478 16 contributing factor in a death, the coroner shall report the
479479 17 death to the Office of the State Fire Marshal. The coroner
480480 18 shall provide a copy of the death certificate (i) within 30
481481 19 days after filing the permanent death certificate and (ii) in
482482 20 a manner that is agreed upon by the coroner and the State Fire
483483 21 Marshal.
484484 22 In every case in which a drug overdose is determined to be
485485 23 the cause or a contributing factor in the death, the coroner or
486486 24 medical examiner shall report the death to the Department of
487487 25 Public Health. The Department of Public Health shall adopt
488488 26 rules regarding specific information that must be reported in
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499499 1 the event of such a death. If possible, the coroner shall
500500 2 report the cause of the overdose. As used in this Section,
501501 3 "overdose" has the same meaning as it does in Section 414 of
502502 4 the Illinois Controlled Substances Act. The Department of
503503 5 Public Health shall issue a semiannual report to the General
504504 6 Assembly summarizing the reports received. The Department
505505 7 shall also provide on its website a monthly report of overdose
506506 8 death figures organized by location, age, and any other
507507 9 factors, the Department deems appropriate.
508508 10 In addition, in every case in which domestic violence is
509509 11 determined to be a contributing factor in a death, the coroner
510510 12 shall report the death to the Illinois State Police.
511511 13 All deaths in State institutions and all deaths of wards
512512 14 of the State or youth in care as defined in Section 4d of the
513513 15 Children and Family Services Act in private care facilities or
514514 16 in programs funded by the Department of Human Services under
515515 17 its powers relating to mental health and developmental
516516 18 disabilities or alcoholism and substance abuse or funded by
517517 19 the Department of Children and Family Services shall be
518518 20 reported to the coroner of the county in which the facility is
519519 21 located. If the coroner has reason to believe that an
520520 22 investigation is needed to determine whether the death was
521521 23 caused by maltreatment or negligent care of the ward of the
522522 24 State or youth in care as defined in Section 4d of the Children
523523 25 and Family Services Act, the coroner may conduct a preliminary
524524 26 investigation of the circumstances of such death as in cases
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535535 1 of death under circumstances set forth in subparagraphs
536536 2 paragraphs (a) through (e) of this Section.
537537 3 (Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
538538 4 102-982, eff. 7-1-23; revised 8-23-22.)
539539 5 Section 95. No acceleration or delay. Where this Act makes
540540 6 changes in a statute that is represented in this Act by text
541541 7 that is not yet or no longer in effect (for example, a Section
542542 8 represented by multiple versions), the use of that text does
543543 9 not accelerate or delay the taking effect of (i) the changes
544544 10 made by this Act or (ii) provisions derived from any other
545545 11 Public Act.
546546 12 Section 99. Effective date. This Act takes effect upon
547547 13 becoming law.
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