Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1781 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1781 Introduced 2/5/2025, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: See Index Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that State police officers and local police officers shall receive training in homicide investigations in which the victims were suspected of being subject to domestic abuse. Amends the Counties Code. Provides that every coroner, whenever, as soon as he or she knows or is informed that the dead body of any person is found, or lying within his or her county, whose death is suspected of being a death, if the circumstances surrounding the death is known or suspected as due to suicide and affords a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, in consultation with a board-certified forensic pathologist certified by the American Board of Pathology, 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. Amends the Code of Criminal Procedure of 1963. Adds the Investigation of Homicides of Decedents with Identifiable History of Being Victimized by Domestic Violence Article to the Code. Provides that prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and with the presence of 3 or more specified factors, law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. Lists those factors that law enforcement investigators must consider in those investigations. Provides that sworn law enforcement personnel investigating a death if it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to the Illinois State Police Law of the Civil Administrative Code of Illinois or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act to make conforming changes. LRB104 07511 RLC 17555 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1781 Introduced 2/5/2025, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that State police officers and local police officers shall receive training in homicide investigations in which the victims were suspected of being subject to domestic abuse. Amends the Counties Code. Provides that every coroner, whenever, as soon as he or she knows or is informed that the dead body of any person is found, or lying within his or her county, whose death is suspected of being a death, if the circumstances surrounding the death is known or suspected as due to suicide and affords a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, in consultation with a board-certified forensic pathologist certified by the American Board of Pathology, 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. Amends the Code of Criminal Procedure of 1963. Adds the Investigation of Homicides of Decedents with Identifiable History of Being Victimized by Domestic Violence Article to the Code. Provides that prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and with the presence of 3 or more specified factors, law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. Lists those factors that law enforcement investigators must consider in those investigations. Provides that sworn law enforcement personnel investigating a death if it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to the Illinois State Police Law of the Civil Administrative Code of Illinois or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act to make conforming changes. LRB104 07511 RLC 17555 b LRB104 07511 RLC 17555 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1781 Introduced 2/5/2025, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
33 See Index See Index
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55 Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that State police officers and local police officers shall receive training in homicide investigations in which the victims were suspected of being subject to domestic abuse. Amends the Counties Code. Provides that every coroner, whenever, as soon as he or she knows or is informed that the dead body of any person is found, or lying within his or her county, whose death is suspected of being a death, if the circumstances surrounding the death is known or suspected as due to suicide and affords a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, in consultation with a board-certified forensic pathologist certified by the American Board of Pathology, 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. Amends the Code of Criminal Procedure of 1963. Adds the Investigation of Homicides of Decedents with Identifiable History of Being Victimized by Domestic Violence Article to the Code. Provides that prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and with the presence of 3 or more specified factors, law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. Lists those factors that law enforcement investigators must consider in those investigations. Provides that sworn law enforcement personnel investigating a death if it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to the Illinois State Police Law of the Civil Administrative Code of Illinois or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act to make conforming changes.
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1111 1 AN ACT concerning deaths of victims of domestic violence.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Findings.
1515 5 (a) The General Assembly finds all of the following:
1616 6 (1) Suspicious death cases, when there is a history of
1717 7 being victimized by domestic violence, are inadequately
1818 8 investigated at times, when a premature decision is made
1919 9 to determine the cause of death as suicide even before a
2020 10 comprehensive investigation has been completed by law
2121 11 enforcement professionals.
2222 12 (2) Domestic violence-related homicides are highly
2323 13 susceptible to staging or alteration of the death scene
2424 14 before investigators can conduct a scene investigation,
2525 15 which hampers the responsibilities of the coroner or
2626 16 medical examiner and compromises the ability of
2727 17 investigators to evaluate death cases adequately.
2828 18 (3) Research has identified 10 red flag markers in
2929 19 suspicious death cases, when there is a history of being
3030 20 victimized by domestic violence, that should be evaluated
3131 21 in any death investigation.
3232 22 (4) An independent right of family members of homicide
3333 23 victims has been created in federal law to obtain
3434 24 information, access victim services, and request an
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1781 Introduced 2/5/2025, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
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4141 Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that State police officers and local police officers shall receive training in homicide investigations in which the victims were suspected of being subject to domestic abuse. Amends the Counties Code. Provides that every coroner, whenever, as soon as he or she knows or is informed that the dead body of any person is found, or lying within his or her county, whose death is suspected of being a death, if the circumstances surrounding the death is known or suspected as due to suicide and affords a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, in consultation with a board-certified forensic pathologist certified by the American Board of Pathology, 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. Amends the Code of Criminal Procedure of 1963. Adds the Investigation of Homicides of Decedents with Identifiable History of Being Victimized by Domestic Violence Article to the Code. Provides that prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and with the presence of 3 or more specified factors, law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. Lists those factors that law enforcement investigators must consider in those investigations. Provides that sworn law enforcement personnel investigating a death if it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to the Illinois State Police Law of the Civil Administrative Code of Illinois or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act to make conforming changes.
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6969 1 independent review of initial findings or the
7070 2 investigation of the death of their family member but the
7171 3 law applies only to those cases under federal
7272 4 jurisdiction.
7373 5 (b) It is the intent of the General Assembly to provide
7474 6 victim services and support to family members in suspicious
7575 7 death cases and support family members who seek a second
7676 8 opinion on the death of their loved one at no cost to any
7777 9 public agency whenever practicable.
7878 10 Section 5. The Illinois State Police Law of the Civil
7979 11 Administrative Code of Illinois is amended by changing Section
8080 12 2605-51 as follows:
8181 13 (20 ILCS 2605/2605-51)
8282 14 Sec. 2605-51. Division of the Academy and Training.
8383 15 (a) The Division of the Academy and Training shall
8484 16 exercise, but not be limited to, the following functions:
8585 17 (1) Oversee and operate the Illinois State Police
8686 18 Training Academy.
8787 19 (2) Train and prepare new officers for a career in law
8888 20 enforcement, with innovative, quality training and
8989 21 educational practices.
9090 22 (3) Offer continuing training and educational programs
9191 23 for Illinois State Police employees.
9292 24 (4) Oversee the Illinois State Police's recruitment
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103103 1 initiatives.
104104 2 (5) Oversee and operate the Illinois State Police's
105105 3 quartermaster.
106106 4 (6) Duties assigned to the Illinois State Police in
107107 5 Article 5, Chapter 11 of the Illinois Vehicle Code
108108 6 concerning testing and training officers on the detection
109109 7 of impaired driving.
110110 8 (7) Duties assigned to the Illinois State Police in
111111 9 Article 108B of the Code of Criminal Procedure.
112112 10 (a-5) Successful completion of the Illinois State Police
113113 11 Academy satisfies the minimum standards pursuant to
114114 12 subsections (a), (b), and (d) of Section 7 of the Illinois
115115 13 Police Training Act and exempts State police officers from the
116116 14 Illinois Law Enforcement Training Standards Board's State
117117 15 Comprehensive Examination and Equivalency Examination.
118118 16 Satisfactory completion shall be evidenced by a commission or
119119 17 certificate issued to the officer.
120120 18 (b) The Division of the Academy and Training shall
121121 19 exercise the rights, powers, and duties vested in the former
122122 20 Division of State Troopers by Section 17 of the Illinois State
123123 21 Police Act.
124124 22 (c) Specialized training.
125125 23 (1) Training; cultural diversity. The Division of the
126126 24 Academy and Training shall provide training and continuing
127127 25 education to State police officers concerning cultural
128128 26 diversity, including sensitivity toward racial and ethnic
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139139 1 differences. This training and continuing education shall
140140 2 include, but not be limited to, an emphasis on the fact
141141 3 that the primary purpose of enforcement of the Illinois
142142 4 Vehicle Code is safety and equal and uniform enforcement
143143 5 under the law.
144144 6 (2) Training; death and homicide investigations. The
145145 7 Division of the Academy and Training shall provide
146146 8 training in death and homicide investigation for State
147147 9 police officers. Only State police officers who
148148 10 successfully complete the training may be assigned as lead
149149 11 investigators in death and homicide investigations.
150150 12 Satisfactory completion of the training shall be evidenced
151151 13 by a certificate issued to the officer by the Division of
152152 14 the Academy and Training. The Director shall develop a
153153 15 process for waiver applications for officers whose prior
154154 16 training and experience as homicide investigators may
155155 17 qualify them for a waiver. The Director may issue a
156156 18 waiver, at his or her discretion, based solely on the
157157 19 prior training and experience of an officer as a homicide
158158 20 investigator.
159159 21 (A) The Division shall require all homicide
160160 22 investigator training to include instruction on
161161 23 victim-centered, trauma-informed investigation. This
162162 24 training must be implemented by July 1, 2023.
163163 25 (B) The Division shall cooperate with the Division
164164 26 of Criminal Investigation to develop a model
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175175 1 curriculum on victim-centered, trauma-informed
176176 2 investigation. This curriculum must be implemented by
177177 3 July 1, 2023.
178178 4 (C) The Division of the Academy and Training shall
179179 5 provide training and continuing education to State
180180 6 police officers concerning:
181181 7 (i) Identification and detection of staged
182182 8 crime scenes.
183183 9 (ii) Working with a multidisciplinary team in
184184 10 the handling of domestic violence cases.
185185 11 (iii) Indicators of domestic homicide in
186186 12 suspicious death cases, including all of the
187187 13 following:
188188 14 (I) The decedent died prematurely or in an
189189 15 untimely manner.
190190 16 (II) The scene of the death gives the
191191 17 appearance of death due to suicide or
192192 18 accident.
193193 19 (III) One partner wanted to end the
194194 20 relationship.
195195 21 (IV) There is a history of being
196196 22 victimized by domestic violence that includes
197197 23 coercive control.
198198 24 (V) The decedent is found dead in a home
199199 25 or place of residence.
200200 26 (VI) The decedent is found by a current or
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211211 1 previous partner.
212212 2 (VII) There is a history of being
213213 3 victimized by domestic violence that includes
214214 4 strangulation or suffocation.
215215 5 (VIII) The current or previous partner of
216216 6 the decedent, or child of the decedent or the
217217 7 decedent's current or previous partner, is the
218218 8 last to see the decedent alive.
219219 9 (IX) The partner had control of the scene
220220 10 before law enforcement arrived.
221221 11 (X) The body of the decedent has been
222222 12 moved or the scene or other evidence is
223223 13 altered in some way.
224224 14 (3) Training; police dog training standards. All
225225 15 police dogs used by the Illinois State Police for drug
226226 16 enforcement purposes pursuant to the Cannabis Control Act,
227227 17 the Illinois Controlled Substances Act, and the
228228 18 Methamphetamine Control and Community Protection Act shall
229229 19 be trained by programs that meet the certification
230230 20 requirements set by the Director or the Director's
231231 21 designee. Satisfactory completion of the training shall be
232232 22 evidenced by a certificate issued by the Division of the
233233 23 Academy and Training.
234234 24 (4) Training; post-traumatic stress disorder. The
235235 25 Division of the Academy and Training shall conduct or
236236 26 approve a training program in post-traumatic stress
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247247 1 disorder for State police officers. The purpose of that
248248 2 training shall be to equip State police officers to
249249 3 identify the symptoms of post-traumatic stress disorder
250250 4 and to respond appropriately to individuals exhibiting
251251 5 those symptoms.
252252 6 (5) Training; opioid antagonists. The Division of the
253253 7 Academy and Training shall conduct or approve a training
254254 8 program for State police officers in the administration of
255255 9 opioid antagonists as defined in paragraph (1) of
256256 10 subsection (e) of Section 5-23 of the Substance Use
257257 11 Disorder Act that is in accordance with that Section. As
258258 12 used in this Section, "State police officers" includes
259259 13 full-time or part-time State police officers,
260260 14 investigators, and any other employee of the Illinois
261261 15 State Police exercising the powers of a peace officer.
262262 16 (6) Training; sexual assault and sexual abuse.
263263 17 (A) Every 3 years, the Division of the Academy and
264264 18 Training shall present in-service training on sexual
265265 19 assault and sexual abuse response and report writing
266266 20 training requirements, including, but not limited to,
267267 21 the following:
268268 22 (i) recognizing the symptoms of trauma;
269269 23 (ii) understanding the role trauma has played
270270 24 in a victim's life;
271271 25 (iii) responding to the needs and concerns of
272272 26 a victim;
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283283 1 (iv) delivering services in a compassionate,
284284 2 sensitive, and nonjudgmental manner;
285285 3 (v) interviewing techniques in accordance with
286286 4 the curriculum standards in this paragraph (6);
287287 5 (vi) understanding cultural perceptions and
288288 6 common myths of sexual assault and sexual abuse;
289289 7 and
290290 8 (vii) report writing techniques in accordance
291291 9 with the curriculum standards in this paragraph
292292 10 (6).
293293 11 (B) This training must also be presented in all
294294 12 full and part-time basic law enforcement academies.
295295 13 (C) Instructors providing this training shall have
296296 14 successfully completed training on evidence-based,
297297 15 trauma-informed, victim-centered responses to cases of
298298 16 sexual assault and sexual abuse and have experience
299299 17 responding to sexual assault and sexual abuse cases.
300300 18 (D) The Illinois State Police shall adopt rules,
301301 19 in consultation with the Office of the Attorney
302302 20 General and the Illinois Law Enforcement Training
303303 21 Standards Board, to determine the specific training
304304 22 requirements for these courses, including, but not
305305 23 limited to, the following:
306306 24 (i) evidence-based curriculum standards for
307307 25 report writing and immediate response to sexual
308308 26 assault and sexual abuse, including
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319319 1 trauma-informed, victim-centered interview
320320 2 techniques, which have been demonstrated to
321321 3 minimize retraumatization, for all State police
322322 4 officers; and
323323 5 (ii) evidence-based curriculum standards for
324324 6 trauma-informed, victim-centered investigation
325325 7 and interviewing techniques, which have been
326326 8 demonstrated to minimize retraumatization, for
327327 9 cases of sexual assault and sexual abuse for all
328328 10 State police officers who conduct sexual assault
329329 11 and sexual abuse investigations.
330330 12 (7) Training; human trafficking. The Division of the
331331 13 Academy and Training shall conduct or approve a training
332332 14 program in the detection and investigation of all forms of
333333 15 human trafficking, including, but not limited to,
334334 16 involuntary servitude under subsection (b) of Section 10-9
335335 17 of the Criminal Code of 2012, involuntary sexual servitude
336336 18 of a minor under subsection (c) of Section 10-9 of the
337337 19 Criminal Code of 2012, and trafficking in persons under
338338 20 subsection (d) of Section 10-9 of the Criminal Code of
339339 21 2012. This program shall be made available to all cadets
340340 22 and State police officers.
341341 23 (8) Training; hate crimes. The Division of the Academy
342342 24 and Training shall provide training for State police
343343 25 officers in identifying, responding to, and reporting all
344344 26 hate crimes.
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355355 1 (9) Training; cell phone medical information. The
356356 2 Division of the Academy and Training shall develop and
357357 3 require each State police officer to complete training on
358358 4 accessing and utilizing medical information stored in cell
359359 5 phones. The Division may use the program approved under
360360 6 Section 2310-711 of the Department of Public Health Powers
361361 7 and Duties Law of the Civil Administrative Code of
362362 8 Illinois to develop the Division's program.
363363 9 (10) (9) Training; autism spectrum disorders. The
364364 10 Division of the Academy and Training shall provide
365365 11 training for State police officers on the nature of autism
366366 12 spectrum disorders and in identifying and appropriately
367367 13 responding to individuals with autism spectrum disorders.
368368 14 The Illinois State Police shall review the training
369369 15 curriculum and may consult with the Department of Public
370370 16 Health or the Department of Human Services to update the
371371 17 training curriculum as needed. This training shall be made
372372 18 available to all cadets and State police officers.
373373 19 (d) The Division of the Academy and Training shall
374374 20 administer and conduct a program consistent with 18 U.S.C.
375375 21 926B and 926C for qualified active and retired Illinois State
376376 22 Police officers.
377377 23 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
378378 24 102-813, eff. 5-13-22; 103-34, eff. 1-1-24; 103-939, eff.
379379 25 1-1-25; 103-949, eff. 1-1-25; revised 11-26-24.)
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390390 1 Section 10. The Illinois Police Training Act is amended by
391391 2 changing Section 10.1 as follows:
392392 3 (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
393393 4 Sec. 10.1. Additional training programs. The Board shall
394394 5 initiate, administer, and conduct training programs for
395395 6 permanent law enforcement officers and permanent county
396396 7 corrections officers in addition to the basic recruit training
397397 8 program. The Board may initiate, administer, and conduct
398398 9 training programs for part-time law enforcement officers in
399399 10 addition to the basic part-time law enforcement training
400400 11 course. The training for permanent and part-time law
401401 12 enforcement officers and permanent county corrections officers
402402 13 may be given in any schools selected by the Board. Such
403403 14 training may include all or any part of the subjects
404404 15 enumerated in Sections 7 and 7.4 of this Act.
405405 16 The corporate authorities of all participating local
406406 17 governmental agencies may elect to participate in the advanced
407407 18 training for permanent and part-time law enforcement officers
408408 19 and permanent county corrections officers but nonparticipation
409409 20 in this program shall not in any way affect the mandatory
410410 21 responsibility of governmental units to participate in the
411411 22 basic recruit training programs for probationary full-time and
412412 23 part-time law enforcement and permanent county corrections
413413 24 officers. The failure of any permanent or part-time law
414414 25 enforcement officer or permanent county corrections officer to
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425425 1 successfully complete any course authorized under this Section
426426 2 shall not affect the officer's status as a member of the police
427427 3 department or county sheriff's office of any local
428428 4 governmental agency.
429429 5 The Board may initiate, administer, and conduct training
430430 6 programs for clerks of circuit courts. Those training
431431 7 programs, at the Board's discretion, may be the same or
432432 8 variations of training programs for law enforcement officers.
433433 9 The Board shall initiate, administer, and conduct a
434434 10 training program regarding the set up and operation of
435435 11 portable scales for all municipal and county police officers,
436436 12 technicians, and employees who set up and operate portable
437437 13 scales. This training program must include classroom and field
438438 14 training.
439439 15 The Board shall initiate, administer, and conduct the same
440440 16 training program for permanent law enforcement officers as
441441 17 provided to State police officers under subparagraph (C) of
442442 18 paragraph (2) of subsection (c) of Section 2605-51 of the
443443 19 Illinois State Police Law of the Civil Administrative Code of
444444 20 Illinois.
445445 21 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
446446 22 Section 15. The Counties Code is amended by changing
447447 23 Section 3-3013 as follows:
448448 24 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
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459459 1 Sec. 3-3013. Preliminary investigations; blood and urine
460460 2 analysis; summoning jury; reports. Every coroner, whenever,
461461 3 as soon as he knows or is informed that the dead body of any
462462 4 person is found, or lying within his county, whose death is
463463 5 suspected of being:
464464 6 (a) A sudden or violent death, whether apparently
465465 7 suicidal, homicidal, or accidental, including, but not
466466 8 limited to, deaths apparently caused or contributed to by
467467 9 thermal, traumatic, chemical, electrical, or radiational
468468 10 injury, or a complication of any of them, or by drowning or
469469 11 suffocation, or as a result of domestic violence as
470470 12 defined in the Illinois Domestic Violence Act of 1986;
471471 13 (a-1) A death, if the circumstances surrounding the
472472 14 death is known or suspected as due to suicide and affords a
473473 15 reasonable basis to suspect that the death was caused by
474474 16 or related to the domestic violence of another, in
475475 17 consultation with a board-certified forensic pathologist
476476 18 certified by the American Board of Pathology;
477477 19 (b) A death due to a sex crime;
478478 20 (c) A death where the circumstances are suspicious,
479479 21 obscure, mysterious, or otherwise unexplained or where, in
480480 22 the written opinion of the attending physician, the cause
481481 23 of death is not determined;
482482 24 (d) A death where addiction to alcohol or to any drug
483483 25 may have been a contributory cause; or
484484 26 (e) A death where the decedent was not attended by a
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495495 1 licensed physician;
496496 2 shall go to the place where the dead body is and take charge of
497497 3 the same and shall make a preliminary investigation into the
498498 4 circumstances of the death. In the case of death without
499499 5 attendance by a licensed physician, the body may be moved with
500500 6 the coroner's consent from the place of death to a mortuary in
501501 7 the same county. Coroners in their discretion shall notify
502502 8 such physician as is designated in accordance with Section
503503 9 3-3014 to attempt to ascertain the cause of death, either by
504504 10 autopsy or otherwise.
505505 11 In cases of accidental death involving a motor vehicle in
506506 12 which the decedent was (1) the operator or a suspected
507507 13 operator of a motor vehicle, or (2) a pedestrian 16 years of
508508 14 age or older, the coroner shall require that a blood specimen
509509 15 of at least 30 cc., and if medically possible a urine specimen
510510 16 of at least 30 cc. or as much as possible up to 30 cc., be
511511 17 withdrawn from the body of the decedent in a timely fashion
512512 18 after the crash causing his death, by such physician as has
513513 19 been designated in accordance with Section 3-3014, or by the
514514 20 coroner or deputy coroner or a qualified person designated by
515515 21 such physician, coroner, or deputy coroner. If the county does
516516 22 not maintain laboratory facilities for making such analysis,
517517 23 the blood and urine so drawn shall be sent to the Illinois
518518 24 State Police or any other accredited or State-certified
519519 25 laboratory for analysis of the alcohol, carbon monoxide, and
520520 26 dangerous or narcotic drug content of such blood and urine
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531531 1 specimens. Each specimen submitted shall be accompanied by
532532 2 pertinent information concerning the decedent upon a form
533533 3 prescribed by such laboratory. Any person drawing blood and
534534 4 urine and any person making any examination of the blood and
535535 5 urine under the terms of this Division shall be immune from all
536536 6 liability, civil or criminal, that might otherwise be incurred
537537 7 or imposed.
538538 8 In all other cases coming within the jurisdiction of the
539539 9 coroner and referred to in subparagraphs (a) through (e)
540540 10 above, blood, and, whenever possible, urine samples shall be
541541 11 analyzed for the presence of alcohol and other drugs. When the
542542 12 coroner suspects that drugs may have been involved in the
543543 13 death, either directly or indirectly, a toxicological
544544 14 examination shall be performed which may include analyses of
545545 15 blood, urine, bile, gastric contents, and other tissues. When
546546 16 the coroner suspects a death is due to toxic substances, other
547547 17 than drugs, the coroner shall consult with the toxicologist
548548 18 prior to collection of samples. Information submitted to the
549549 19 toxicologist shall include information as to height, weight,
550550 20 age, sex, and race of the decedent as well as medical history,
551551 21 medications used by, and the manner of death of the decedent.
552552 22 When the coroner or medical examiner finds that the cause
553553 23 of death is due to homicidal means, the coroner or medical
554554 24 examiner shall cause blood and buccal specimens (tissue may be
555555 25 submitted if no uncontaminated blood or buccal specimen can be
556556 26 obtained), whenever possible, to be withdrawn from the body of
557557
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559559
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564564
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567567 1 the decedent in a timely fashion. For proper preservation of
568568 2 the specimens, collected blood and buccal specimens shall be
569569 3 dried and tissue specimens shall be frozen if available
570570 4 equipment exists. As soon as possible, but no later than 30
571571 5 days after the collection of the specimens, the coroner or
572572 6 medical examiner shall release those specimens to the police
573573 7 agency responsible for investigating the death. As soon as
574574 8 possible, but no later than 30 days after the receipt from the
575575 9 coroner or medical examiner, the police agency shall submit
576576 10 the specimens using the agency case number to a National DNA
577577 11 Index System (NDIS) participating laboratory within this
578578 12 State, such as the Illinois State Police, Division of Forensic
579579 13 Services, for analysis and categorizing into genetic marker
580580 14 groupings. The results of the analysis and categorizing into
581581 15 genetic marker groupings shall be provided to the Illinois
582582 16 State Police and shall be maintained by the Illinois State
583583 17 Police in the State central repository in the same manner, and
584584 18 subject to the same conditions, as provided in Section 5-4-3
585585 19 of the Unified Code of Corrections. The requirements of this
586586 20 paragraph are in addition to any other findings, specimens, or
587587 21 information that the coroner or medical examiner is required
588588 22 to provide during the conduct of a criminal investigation.
589589 23 In all counties, in cases of apparent suicide, homicide,
590590 24 or accidental death or in other cases, within the discretion
591591 25 of the coroner, the coroner may summon 8 persons of lawful age
592592 26 from those persons drawn for petit jurors in the county. The
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603603 1 summons shall command these persons to present themselves
604604 2 personally at such a place and time as the coroner shall
605605 3 determine, and may be in any form which the coroner shall
606606 4 determine and may incorporate any reasonable form of request
607607 5 for acknowledgment which the coroner deems practical and
608608 6 provides a reliable proof of service. The summons may be
609609 7 served by first class mail. From the 8 persons so summoned, the
610610 8 coroner shall select 6 to serve as the jury for the inquest.
611611 9 Inquests may be continued from time to time, as the coroner may
612612 10 deem necessary. The 6 jurors selected in a given case may view
613613 11 the body of the deceased. If at any continuation of an inquest
614614 12 one or more of the original jurors shall be unable to continue
615615 13 to serve, the coroner shall fill the vacancy or vacancies. A
616616 14 juror serving pursuant to this paragraph shall receive
617617 15 compensation from the county at the same rate as the rate of
618618 16 compensation that is paid to petit or grand jurors in the
619619 17 county. The coroner shall furnish to each juror without fee at
620620 18 the time of his discharge a certificate of the number of days
621621 19 in attendance at an inquest, and, upon being presented with
622622 20 such certificate, the county treasurer shall pay to the juror
623623 21 the sum provided for his services.
624624 22 In counties which have a jury commission, in cases of
625625 23 apparent suicide or homicide or of accidental death, the
626626 24 coroner may conduct an inquest. The jury commission shall
627627 25 provide at least 8 jurors to the coroner, from whom the coroner
628628 26 shall select any 6 to serve as the jury for the inquest.
629629
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631631
632632
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634634 SB1781 - 17 - LRB104 07511 RLC 17555 b
635635
636636
637637 SB1781- 18 -LRB104 07511 RLC 17555 b SB1781 - 18 - LRB104 07511 RLC 17555 b
638638 SB1781 - 18 - LRB104 07511 RLC 17555 b
639639 1 Inquests may be continued from time to time as the coroner may
640640 2 deem necessary. The 6 jurors originally chosen in a given case
641641 3 may view the body of the deceased. If at any continuation of an
642642 4 inquest one or more of the 6 jurors originally chosen shall be
643643 5 unable to continue to serve, the coroner shall fill the
644644 6 vacancy or vacancies. At the coroner's discretion, additional
645645 7 jurors to fill such vacancies shall be supplied by the jury
646646 8 commission. A juror serving pursuant to this paragraph in such
647647 9 county shall receive compensation from the county at the same
648648 10 rate as the rate of compensation that is paid to petit or grand
649649 11 jurors in the county.
650650 12 In every case in which a fire is determined to be a
651651 13 contributing factor in a death, the coroner shall report the
652652 14 death to the Office of the State Fire Marshal. The coroner
653653 15 shall provide a copy of the death certificate (i) within 30
654654 16 days after filing the permanent death certificate and (ii) in
655655 17 a manner that is agreed upon by the coroner and the State Fire
656656 18 Marshal.
657657 19 In every case in which a drug overdose is officially
658658 20 determined to be the cause or a contributing factor in the
659659 21 death, the coroner or medical examiner shall report the death
660660 22 to the Department of Public Health. The Department of Public
661661 23 Health shall adopt rules regarding specific information that
662662 24 must be reported in the event of such a death, including, at a
663663 25 minimum, the following information, if possible: (i) the cause
664664 26 of the overdose; (ii) whether or not fentanyl was part or all
665665
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667667
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669669
670670 SB1781 - 18 - LRB104 07511 RLC 17555 b
671671
672672
673673 SB1781- 19 -LRB104 07511 RLC 17555 b SB1781 - 19 - LRB104 07511 RLC 17555 b
674674 SB1781 - 19 - LRB104 07511 RLC 17555 b
675675 1 of the consumed substance; (iii) if fentanyl is part of the
676676 2 consumed substance, what other substances were consumed; and
677677 3 (iv) if fentanyl is part of the consumed substance, in what
678678 4 proportion was fentanyl consumed to other substance or
679679 5 substances. The coroner must also communicate whether there
680680 6 was a suspicious level of fentanyl in combination with other
681681 7 controlled substances present to all law enforcement agencies
682682 8 in whose jurisdiction the deceased's body was found in a
683683 9 prompt manner. As used in this paragraph, "overdose" has the
684684 10 same meaning as it does in Section 414 of the Illinois
685685 11 Controlled Substances Act. The Department of Public Health
686686 12 shall issue a semiannual report to the General Assembly
687687 13 summarizing the reports received. The Department shall also
688688 14 provide on its website a monthly report of overdose death
689689 15 figures organized by location, age, and any other factors the
690690 16 Department deems appropriate.
691691 17 In addition, in every case in which domestic violence is
692692 18 determined to be a contributing factor in a death, the coroner
693693 19 shall report the death to the Illinois State Police.
694694 20 All deaths in State institutions and all deaths of wards
695695 21 of the State or youth in care as defined in Section 4d of the
696696 22 Children and Family Services Act in private care facilities or
697697 23 in programs funded by the Department of Human Services under
698698 24 its powers relating to mental health and developmental
699699 25 disabilities or alcoholism and substance abuse or funded by
700700 26 the Department of Children and Family Services shall be
701701
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706706 SB1781 - 19 - LRB104 07511 RLC 17555 b
707707
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709709 SB1781- 20 -LRB104 07511 RLC 17555 b SB1781 - 20 - LRB104 07511 RLC 17555 b
710710 SB1781 - 20 - LRB104 07511 RLC 17555 b
711711 1 reported to the coroner of the county in which the facility is
712712 2 located. If the coroner has reason to believe that an
713713 3 investigation is needed to determine whether the death was
714714 4 caused by maltreatment or negligent care of the ward of the
715715 5 State or youth in care as defined in Section 4d of the Children
716716 6 and Family Services Act, the coroner may conduct a preliminary
717717 7 investigation of the circumstances of such death as in cases
718718 8 of death under circumstances set forth in subparagraphs (a)
719719 9 through (e) of this Section.
720720 10 (Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
721721 11 103-154, eff. 6-30-23; 103-842, eff. 1-1-25.)
722722 12 Section 20. The Autopsy Act is amended by changing Section
723723 13 2 as follows:
724724 14 (410 ILCS 505/2) (from Ch. 31, par. 42)
725725 15 Sec. 2. Any physician may perform an autopsy upon the body
726726 16 of a decedent; provided,
727727 17 a. he has a written authorization from the decedent (or
728728 18 from an agent of the decedent as authorized by the decedent
729729 19 under the Powers of Attorney for Health Care Law, as now or
730730 20 hereafter amended) to do so; or
731731 21 b. a written authorization from a surviving relative who
732732 22 has the right to determine the method for disposing of the body
733733 23 or a next of kin or other person who has such right; or
734734 24 b-1. he or she has a written authorization from a law
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745745 1 enforcement investigator requesting a complete autopsy in a
746746 2 case in which the investigator has determined there is an
747747 3 identifiable history of the homicide victim being victimized
748748 4 by domestic violence and any of the conditions listed in
749749 5 subsection (b) of Section 112B-5 of the Code of Criminal
750750 6 Procedure of 1963 are present;
751751 7 c. a telegraphic or telephonic authorization from (i) a
752752 8 surviving relative who has the right to determine the method
753753 9 for disposing of the body or a next of kin or other person who
754754 10 has such right or (ii) an agent of the decedent as authorized
755755 11 by the decedent under the Powers of Attorney for Health Care
756756 12 Law, as now or hereafter amended; provided, the telegraphic or
757757 13 telephonic authorization is verified, in writing, by at least
758758 14 2 persons who were present at the time and place the
759759 15 authorization was received; or
760760 16 d. where 2 or more persons have equal right to determine
761761 17 the method for disposing of the body, the authorization of
762762 18 only one such person shall be necessary, unless, before the
763763 19 autopsy is performed, any others having such equal right shall
764764 20 object in writing or, if not physically present in the
765765 21 community where the autopsy is to be performed, by telephonic
766766 22 or telegraphic communication to the physician by whom the
767767 23 autopsy is to be performed, in which event, the authorization
768768 24 shall be deemed insufficient.
769769 25 In the case of a suspicious child death, the physician
770770 26 shall be a pathologist certified by the Department of Public
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781781 1 Health's Advisory Board on Necropsy Services.
782782 2 Authorization may be given to a physician or hospital
783783 3 administrator or his duly authorized representative, but only
784784 4 a physician shall perform the autopsy.
785785 5 (Source: P.A. 86-736.)
786786 6 Section 25. The Code of Criminal Procedure of 1963 is
787787 7 amended by adding Article 112B as follows:
788788 8 (725 ILCS 5/Art. 112B heading new)
789789 9 ARTICLE 112B. INVESTIGATION OF HOMICIDES OF DECEDENTS WITH
790790 10 IDENTIFIABLE HISTORY OF BEING VICTIMIZED BY DOMESTIC VIOLENCE
791791 11 (725 ILCS 5/112B-5 new)
792792 12 Sec. 112B-5. Deceased individual with an identifiable
793793 13 history of being victimized by domestic violence.
794794 14 (a) Prior to making any findings as to the manner and cause
795795 15 of death of a deceased individual with an identifiable history
796796 16 of being victimized by domestic violence, and with the
797797 17 presence of 3 or more factors listed in subsection (b), law
798798 18 enforcement investigators shall interview family members, such
799799 19 as parents, siblings, or other close friends or relatives of
800800 20 the decedent with relevant information regarding that history
801801 21 of domestic violence.
802802 22 (b) Law enforcement investigators may request a complete
803803 23 autopsy, pursuant to paragraph (b-1) of Section 2 of the
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813813 SB1781 - 23 - LRB104 07511 RLC 17555 b
814814 1 Autopsy Act, in a case in which they have determined there is
815815 2 an identifiable history of being victimized by domestic
816816 3 violence and any of the following conditions are present:
817817 4 (1) The decedent died prematurely or in an untimely
818818 5 manner.
819819 6 (2) The scene of the death gives the appearance of
820820 7 death due to suicide or accident.
821821 8 (3) One partner wanted to end the relationship.
822822 9 (4) There is a history of being victimized by domestic
823823 10 violence that includes coercive control.
824824 11 (5) The decedent is found dead in a home or place of
825825 12 residence.
826826 13 (6) The decedent is found by a current or previous
827827 14 partner.
828828 15 (7) There is a history of being victimized by domestic
829829 16 violence that includes strangulation or suffocation.
830830 17 (8) The current or previous partner of the decedent,
831831 18 or child of the decedent or the decedent's current or
832832 19 previous partner, is the last to see the decedent alive.
833833 20 (9) The partner had control of the scene before law
834834 21 enforcement arrived.
835835 22 (10) The body of the decedent has been moved or the
836836 23 scene or other evidence is altered in some way.
837837 24 (c) Sworn law enforcement personnel investigating a death
838838 25 if it has been determined that the decedent has an
839839 26 identifiable history of being victimized by domestic violence
840840
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847847
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850850 1 shall be current in their training related to domestic
851851 2 violence incidents, including training required pursuant to
852852 3 subparagraph (C) of paragraph (2) of subsection (c) of Section
853853 4 2605-51 of the Illinois State Police Law of the Civil
854854 5 Administrative Code of Illinois or Section 10.1 of the
855855 6 Illinois Police Training Act.
856856 7 (d) During the pendency of the investigation and any
857857 8 review, family members shall have access to all victim
858858 9 services and support provided under the Rights of Crime
859859 10 Victims and Witnesses Act.
860860 11 (e) If a local law enforcement agency makes a finding that
861861 12 the death is not a homicide and closes the case, family members
862862 13 or their legal counsel shall have the right to request any and
863863 14 all records of the investigation currently available under the
864864 15 Freedom of Information Act.
865865 16 (f) This Section does not require local law enforcement
866866 17 agencies to compromise an existing or open investigation and
867867 18 does not preempt the discretion provided to local law
868868 19 enforcement agencies in the investigation of death cases. This
869869 20 Section does not impose any additional liability on a local
870870 21 law enforcement agency for its investigation of existing cases
871871 22 or its investigative conclusions in those cases.
872872 23 (g) In this Section:
873873 24 "Domestic violence" has the same meaning as used in
874874 25 Section 103 of the Illinois Domestic Violence Act of 1986.
875875 26 "Identifiable history of being victimized by domestic
876876
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882882
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885885 SB1781 - 25 - LRB104 07511 RLC 17555 b
886886 1 violence" means demonstrable past incidents of being
887887 2 victimized by domestic violence that may be verified by prior
888888 3 police reports, written or photographic documentation,
889889 4 restraining order declarations, eyewitness statements, or
890890 5 other evidence that corroborates a history of such incidents.
891891 6 "Partner" means a spouse, former spouse, cohabitant,
892892 7 former cohabitant, fiance, someone with whom the decedent had
893893 8 a dating relationship or engagement for marriage, or the
894894 9 parent of the decedent's child.
895895 SB1781- 26 -LRB104 07511 RLC 17555 b 1 INDEX 2 Statutes amended in order of appearance SB1781- 26 -LRB104 07511 RLC 17555 b SB1781 - 26 - LRB104 07511 RLC 17555 b 1 INDEX 2 Statutes amended in order of appearance
896896 SB1781- 26 -LRB104 07511 RLC 17555 b SB1781 - 26 - LRB104 07511 RLC 17555 b
897897 SB1781 - 26 - LRB104 07511 RLC 17555 b
898898 1 INDEX
899899 2 Statutes amended in order of appearance
900900
901901
902902
903903
904904
905905 SB1781 - 25 - LRB104 07511 RLC 17555 b
906906
907907
908908
909909 SB1781- 26 -LRB104 07511 RLC 17555 b SB1781 - 26 - LRB104 07511 RLC 17555 b
910910 SB1781 - 26 - LRB104 07511 RLC 17555 b
911911 1 INDEX
912912 2 Statutes amended in order of appearance
913913
914914
915915
916916
917917
918918 SB1781 - 26 - LRB104 07511 RLC 17555 b