Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2768 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2768 Introduced 1/17/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 Amends the Coroner Division of the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist. LRB103 35992 AWJ 66079 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2768 Introduced 1/17/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 Amends the Coroner Division of the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist. LRB103 35992 AWJ 66079 b LRB103 35992 AWJ 66079 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2768 Introduced 1/17/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014
4	4	55 ILCS 5/3-3014 from Ch. 34, par. 3-3014
5	5	Amends the Coroner Division of the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist.
6	6	LRB103 35992 AWJ 66079 b LRB103 35992 AWJ 66079 b
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8	8	A BILL FOR
9	9	SB2768LRB103 35992 AWJ 66079 b SB2768 LRB103 35992 AWJ 66079 b
10	10	SB2768 LRB103 35992 AWJ 66079 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Counties Code is amended by changing
15	15	5 Section 3-3014 as follows:
16	16	6 (55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)
17	17	7 Sec. 3-3014. Autopsy to be performed by licensed
18	18	8 physician; costs; reports. Any medical examination or autopsy
19	19	9 conducted pursuant to this Division shall be performed by a
20	20	10 physician duly licensed to practice medicine in all of its
21	21	11 branches, and wherever possible by one having special training
22	22	12 in pathology. In Class I counties, medical examinations or
23	23	13 autopsies (including those performed on exhumed bodies) shall
24	24	14 be performed by physicians appointed or designated by the
25	25	15 coroner, and in Class II counties by physicians appointed or
26	26	16 designated by the Director of Public Health upon the
27	27	17 recommendation of the advisory board on necropsy service to
28	28	18 coroners after the board has consulted with the elected
29	29	19 coroner. Any autopsy performed by a physician so appointed or
30	30	20 designated shall be deemed lawful. The cost of all autopsies,
31	31	21 medical examinations, laboratory fees, if any, and travel
32	32	22 expenses of the examining physician and the costs of exhuming
33	33	23 a body under the authority of subsection (c) of Section 3-3015
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2768 Introduced 1/17/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014
39	39	55 ILCS 5/3-3014 from Ch. 34, par. 3-3014
40	40	Amends the Coroner Division of the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the pathologist.
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43	43	A BILL FOR
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68	68	1 shall be payable from the general fund of the county where the
69	69	2 body is found. The examining physician shall file copies of
70	70	3 the reports or results of his or her autopsies and medical
71	71	4 examinations with the coroner and also with the Department of
72	72	5 Public Health.
73	73	6 No coroner may perform any autopsy required or authorized
74	74	7 by law unless the coroner is a pathologist whose services are
75	75	8 requested by the coroner of another county.
76	76	9 The county in which the body of a deceased person is found
77	77	10 shall indemnify and hold harmless a pathologist who renders
78	78	11 services under this Section for all of the pathologist's
79	79	12 conduct arising out of the pathologist's testimony as an
80	80	13 expert witness in a criminal proceeding based on the service
81	81	14 provided under this Section, except actions involving willful
82	82	15 and wanton misconduct of the pathologist. The duty of the
83	83	16 county to indemnify a pathologist who rendered services under
84	84	17 this Section for a judgment recovered against the pathologist
85	85	18 is conditioned upon receiving notice of the filing of the
86	86	19 action as required under this paragraph. If a pathologist is
87	87	20 made a party defendant to an action and the action against the
88	88	21 pathologist is based upon the pathologist's conduct arising
89	89	22 out of the pathologist's testimony as an expert witness in a
90	90	23 criminal proceeding, then, within 10 days of service of
91	91	24 process, the pathologist shall notify the county in which the
92	92	25 body of a deceased person was found of the fact that the
93	93	26 pathologist has been made a party defendant to the action. The
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