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Illinois Senate Bill SB2964

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2964 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2964 Introduced 1/31/2024, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 Amends the Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths. LRB103 36959 AWJ 67073 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2964 Introduced 1/31/2024, by Sen. Sue Rezin 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 Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths. LRB103 36959 AWJ 67073 b LRB103 36959 AWJ 67073 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2964 Introduced 1/31/2024, by Sen. Sue Rezin 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 Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths.
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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 Sec. 3-3013. Preliminary investigations; blood and urine
1818 8 analysis; summoning jury; reports. Every coroner, whenever,
1919 9 as soon as he knows or is informed that the dead body of any
2020 10 person is found, or lying within his county, whose death is
2121 11 suspected of being:
2222 12 (a) A sudden or violent death, whether apparently
2323 13 suicidal, homicidal, or accidental, including, but not
2424 14 limited to, deaths apparently caused or contributed to by
2525 15 thermal, traumatic, chemical, electrical, or radiational
2626 16 injury, or a complication of any of them, or by drowning or
2727 17 suffocation, or as a result of domestic violence as
2828 18 defined in the Illinois Domestic Violence Act of 1986;
2929 19 (b) A death due to a sex crime;
3030 20 (c) A death where the circumstances are suspicious,
3131 21 obscure, mysterious, or otherwise unexplained or where, in
3232 22 the written opinion of the attending physician, the cause
3333 23 of death is not determined;
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2964 Introduced 1/31/2024, by Sen. Sue Rezin 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 Coroner Division of the Counties Code. In provisions regarding preliminary investigations where a drug overdose is determined to be the cause or a contributing factor in a death, modifies the definition of "overdose" to exclude death caused by fentanyl, which shall be considered poisoning. Provides that, in every case in which fentanyl is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health as "fentanyl poisoning". Provides that, in the monthly report of overdose deaths, the Department shall also report on fentanyl poisoning deaths.
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6868 1 (d) A death where addiction to alcohol or to any drug
6969 2 may have been a contributory cause; or
7070 3 (e) A death where the decedent was not attended by a
7171 4 licensed physician;
7272 5 shall go to the place where the dead body is and take charge of
7373 6 the same and shall make a preliminary investigation into the
7474 7 circumstances of the death. In the case of death without
7575 8 attendance by a licensed physician, the body may be moved with
7676 9 the coroner's consent from the place of death to a mortuary in
7777 10 the same county. Coroners in their discretion shall notify
7878 11 such physician as is designated in accordance with Section
7979 12 3-3014 to attempt to ascertain the cause of death, either by
8080 13 autopsy or otherwise.
8181 14 In cases of accidental death involving a motor vehicle in
8282 15 which the decedent was (1) the operator or a suspected
8383 16 operator of a motor vehicle, or (2) a pedestrian 16 years of
8484 17 age or older, the coroner shall require that a blood specimen
8585 18 of at least 30 cc., and if medically possible a urine specimen
8686 19 of at least 30 cc. or as much as possible up to 30 cc., be
8787 20 withdrawn from the body of the decedent in a timely fashion
8888 21 after the crash causing his death, by such physician as has
8989 22 been designated in accordance with Section 3-3014, or by the
9090 23 coroner or deputy coroner or a qualified person designated by
9191 24 such physician, coroner, or deputy coroner. If the county does
9292 25 not maintain laboratory facilities for making such analysis,
9393 26 the blood and urine so drawn shall be sent to the Illinois
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104104 1 State Police or any other accredited or State-certified
105105 2 laboratory for analysis of the alcohol, carbon monoxide, and
106106 3 dangerous or narcotic drug content of such blood and urine
107107 4 specimens. Each specimen submitted shall be accompanied by
108108 5 pertinent information concerning the decedent upon a form
109109 6 prescribed by such laboratory. Any person drawing blood and
110110 7 urine and any person making any examination of the blood and
111111 8 urine under the terms of this Division shall be immune from all
112112 9 liability, civil or criminal, that might otherwise be incurred
113113 10 or imposed.
114114 11 In all other cases coming within the jurisdiction of the
115115 12 coroner and referred to in subparagraphs (a) through (e)
116116 13 above, blood, and, whenever possible, urine samples shall be
117117 14 analyzed for the presence of alcohol and other drugs. When the
118118 15 coroner suspects that drugs may have been involved in the
119119 16 death, either directly or indirectly, a toxicological
120120 17 examination shall be performed which may include analyses of
121121 18 blood, urine, bile, gastric contents, and other tissues. When
122122 19 the coroner suspects a death is due to toxic substances, other
123123 20 than drugs, the coroner shall consult with the toxicologist
124124 21 prior to collection of samples. Information submitted to the
125125 22 toxicologist shall include information as to height, weight,
126126 23 age, sex, and race of the decedent as well as medical history,
127127 24 medications used by, and the manner of death of the decedent.
128128 25 When the coroner or medical examiner finds that the cause
129129 26 of death is due to homicidal means, the coroner or medical
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140140 1 examiner shall cause blood and buccal specimens (tissue may be
141141 2 submitted if no uncontaminated blood or buccal specimen can be
142142 3 obtained), whenever possible, to be withdrawn from the body of
143143 4 the decedent in a timely fashion. For proper preservation of
144144 5 the specimens, collected blood and buccal specimens shall be
145145 6 dried and tissue specimens shall be frozen if available
146146 7 equipment exists. As soon as possible, but no later than 30
147147 8 days after the collection of the specimens, the coroner or
148148 9 medical examiner shall release those specimens to the police
149149 10 agency responsible for investigating the death. As soon as
150150 11 possible, but no later than 30 days after the receipt from the
151151 12 coroner or medical examiner, the police agency shall submit
152152 13 the specimens using the agency case number to a National DNA
153153 14 Index System (NDIS) participating laboratory within this
154154 15 State, such as the Illinois State Police, Division of Forensic
155155 16 Services, for analysis and categorizing into genetic marker
156156 17 groupings. The results of the analysis and categorizing into
157157 18 genetic marker groupings shall be provided to the Illinois
158158 19 State Police and shall be maintained by the Illinois State
159159 20 Police in the State central repository in the same manner, and
160160 21 subject to the same conditions, as provided in Section 5-4-3
161161 22 of the Unified Code of Corrections. The requirements of this
162162 23 paragraph are in addition to any other findings, specimens, or
163163 24 information that the coroner or medical examiner is required
164164 25 to provide during the conduct of a criminal investigation.
165165 26 In all counties, in cases of apparent suicide, homicide,
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176176 1 or accidental death or in other cases, within the discretion
177177 2 of the coroner, the coroner may summon 8 persons of lawful age
178178 3 from those persons drawn for petit jurors in the county. The
179179 4 summons shall command these persons to present themselves
180180 5 personally at such a place and time as the coroner shall
181181 6 determine, and may be in any form which the coroner shall
182182 7 determine and may incorporate any reasonable form of request
183183 8 for acknowledgment which the coroner deems practical and
184184 9 provides a reliable proof of service. The summons may be
185185 10 served by first class mail. From the 8 persons so summoned, the
186186 11 coroner shall select 6 to serve as the jury for the inquest.
187187 12 Inquests may be continued from time to time, as the coroner may
188188 13 deem necessary. The 6 jurors selected in a given case may view
189189 14 the body of the deceased. If at any continuation of an inquest
190190 15 one or more of the original jurors shall be unable to continue
191191 16 to serve, the coroner shall fill the vacancy or vacancies. A
192192 17 juror serving pursuant to this paragraph shall receive
193193 18 compensation from the county at the same rate as the rate of
194194 19 compensation that is paid to petit or grand jurors in the
195195 20 county. The coroner shall furnish to each juror without fee at
196196 21 the time of his discharge a certificate of the number of days
197197 22 in attendance at an inquest, and, upon being presented with
198198 23 such certificate, the county treasurer shall pay to the juror
199199 24 the sum provided for his services.
200200 25 In counties which have a jury commission, in cases of
201201 26 apparent suicide or homicide or of accidental death, the
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212212 1 coroner may conduct an inquest. The jury commission shall
213213 2 provide at least 8 jurors to the coroner, from whom the coroner
214214 3 shall select any 6 to serve as the jury for the inquest.
215215 4 Inquests may be continued from time to time as the coroner may
216216 5 deem necessary. The 6 jurors originally chosen in a given case
217217 6 may view the body of the deceased. If at any continuation of an
218218 7 inquest one or more of the 6 jurors originally chosen shall be
219219 8 unable to continue to serve, the coroner shall fill the
220220 9 vacancy or vacancies. At the coroner's discretion, additional
221221 10 jurors to fill such vacancies shall be supplied by the jury
222222 11 commission. A juror serving pursuant to this paragraph in such
223223 12 county shall receive compensation from the county at the same
224224 13 rate as the rate of compensation that is paid to petit or grand
225225 14 jurors in the county.
226226 15 In every case in which a fire is determined to be a
227227 16 contributing factor in a death, the coroner shall report the
228228 17 death to the Office of the State Fire Marshal. The coroner
229229 18 shall provide a copy of the death certificate (i) within 30
230230 19 days after filing the permanent death certificate and (ii) in
231231 20 a manner that is agreed upon by the coroner and the State Fire
232232 21 Marshal.
233233 22 In every case in which a drug overdose is determined to be
234234 23 the cause or a contributing factor in the death, the coroner or
235235 24 medical examiner shall report the death to the Department of
236236 25 Public Health. The Department of Public Health shall adopt
237237 26 rules regarding specific information that must be reported in
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248248 1 the event of such a death. If possible, the coroner shall
249249 2 report the cause of the overdose. As used in this Section,
250250 3 "overdose" has the same meaning as it does in Section 414 of
251251 4 the Illinois Controlled Substances Act, but does not include
252252 5 any cause of death caused by fentanyl, which shall be
253253 6 considered poisoning. In every case in which fentanyl is
254254 7 determined to be the cause or a contributing factor in the
255255 8 death, the coroner or medical examiner shall report the death
256256 9 to the Department of Public Health as "fentanyl poisoning".
257257 10 The Department of Public Health shall issue a semiannual
258258 11 report to the General Assembly summarizing the reports
259259 12 received. The Department shall also provide on its website a
260260 13 monthly report of overdose and fentanyl poisoning death
261261 14 figures organized by location, age, and any other factors the
262262 15 Department deems appropriate.
263263 16 In addition, in every case in which domestic violence is
264264 17 determined to be a contributing factor in a death, the coroner
265265 18 shall report the death to the Illinois State Police.
266266 19 All deaths in State institutions and all deaths of wards
267267 20 of the State or youth in care as defined in Section 4d of the
268268 21 Children and Family Services Act in private care facilities or
269269 22 in programs funded by the Department of Human Services under
270270 23 its powers relating to mental health and developmental
271271 24 disabilities or alcoholism and substance abuse or funded by
272272 25 the Department of Children and Family Services shall be
273273 26 reported to the coroner of the county in which the facility is
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