Bill Text: IL HB1735 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Counties Code. Provides that the county board or board of county commissioners of each county shall appoint a medical examiner and the medical examiner may appoint a deputy medical examiner, who both shall be physicians licensed to practice within this State. Discontinues the office of the coroner in each county on December 1, 2021 replacing it with the appointed medical examiner. Allows a medical examiner to appoint investigators. Provides that 2 or more counties may enter into an agreement to allow the same persons to act as medical examiner, deputy medical examiners, and investigators. Allows a medical examiner to establish an elderly and vulnerable adult death review team. Makes other changes concerning removal of medical examiners and deputy medical examiners, bonds, death investigations, identification of bodies, expenses, records, organ donation and cremation of a body subject to investigation, autopsies, removal of property found near a body, and notification of a medical examiner. Limits home rule powers. Amends various other Acts and Codes making conforming changes. Effective December 1, 2021, except for specified provisions which take effect immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1735 Detail]

Download: Illinois-2021-HB1735-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1735

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:
See Index

Amends the Counties Code. Provides that the county board or board of county commissioners of each county shall appoint a medical examiner and the medical examiner may appoint a deputy medical examiner, who both shall be physicians licensed to practice within this State. Discontinues the office of the coroner in each county on December 1, 2021 replacing it with the appointed medical examiner. Allows a medical examiner to appoint investigators. Provides that 2 or more counties may enter into an agreement to allow the same persons to act as medical examiner, deputy medical examiners, and investigators. Allows a medical examiner to establish an elderly and vulnerable adult death review team. Makes other changes concerning removal of medical examiners and deputy medical examiners, bonds, death investigations, identification of bodies, expenses, records, organ donation and cremation of a body subject to investigation, autopsies, removal of property found near a body, and notification of a medical examiner. Limits home rule powers. Amends various other Acts and Codes making conforming changes. Effective December 1, 2021, except for specified provisions which take effect immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Statute on Statutes is amended by changing
5Section 1.08 as follows:
6 (5 ILCS 70/1.08) (from Ch. 1, par. 1009)
7 Sec. 1.08. "Sheriff," "medical examiner," "coroner,"
8"clerk," or other words used for an executive or ministerial
9officer may include any deputy or other person performing the
10duties of such officer, either generally or in special cases.
11(Source: Laws 1965, p. 373.)
12 Section 10. The Freedom of Information Act is amended by
13changing Section 7 as follows:
14 (5 ILCS 140/7) (from Ch. 116, par. 207)
15 Sec. 7. Exemptions.
16 (1) When a request is made to inspect or copy a public
17record that contains information that is exempt from
18disclosure under this Section, but also contains information
19that is not exempt from disclosure, the public body may elect
20to redact the information that is exempt. The public body
21shall make the remaining information available for inspection

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1and copying. Subject to this requirement, the following shall
2be exempt from inspection and copying:
3 (a) Information specifically prohibited from
4 disclosure by federal or State law or rules and
5 regulations implementing federal or State law.
6 (b) Private information, unless disclosure is required
7 by another provision of this Act, a State or federal law or
8 a court order.
9 (b-5) Files, documents, and other data or databases
10 maintained by one or more law enforcement agencies and
11 specifically designed to provide information to one or
12 more law enforcement agencies regarding the physical or
13 mental status of one or more individual subjects.
14 (c) Personal information contained within public
15 records, the disclosure of which would constitute a
16 clearly unwarranted invasion of personal privacy, unless
17 the disclosure is consented to in writing by the
18 individual subjects of the information. "Unwarranted
19 invasion of personal privacy" means the disclosure of
20 information that is highly personal or objectionable to a
21 reasonable person and in which the subject's right to
22 privacy outweighs any legitimate public interest in
23 obtaining the information. The disclosure of information
24 that bears on the public duties of public employees and
25 officials shall not be considered an invasion of personal
26 privacy.

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1 (d) Records in the possession of any public body
2 created in the course of administrative enforcement
3 proceedings, and any law enforcement or correctional
4 agency for law enforcement purposes, but only to the
5 extent that disclosure would:
6 (i) interfere with pending or actually and
7 reasonably contemplated law enforcement proceedings
8 conducted by any law enforcement or correctional
9 agency that is the recipient of the request;
10 (ii) interfere with active administrative
11 enforcement proceedings conducted by the public body
12 that is the recipient of the request;
13 (iii) create a substantial likelihood that a
14 person will be deprived of a fair trial or an impartial
15 hearing;
16 (iv) unavoidably disclose the identity of a
17 confidential source, confidential information
18 furnished only by the confidential source, or persons
19 who file complaints with or provide information to
20 administrative, investigative, law enforcement, or
21 penal agencies; except that the identities of
22 witnesses to traffic accidents, traffic accident
23 reports, and rescue reports shall be provided by
24 agencies of local government, except when disclosure
25 would interfere with an active criminal investigation
26 conducted by the agency that is the recipient of the

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1 request;
2 (v) disclose unique or specialized investigative
3 techniques other than those generally used and known
4 or disclose internal documents of correctional
5 agencies related to detection, observation or
6 investigation of incidents of crime or misconduct, and
7 disclosure would result in demonstrable harm to the
8 agency or public body that is the recipient of the
9 request;
10 (vi) endanger the life or physical safety of law
11 enforcement personnel or any other person; or
12 (vii) obstruct an ongoing criminal investigation
13 by the agency that is the recipient of the request.
14 (d-5) A law enforcement record created for law
15 enforcement purposes and contained in a shared electronic
16 record management system if the law enforcement agency
17 that is the recipient of the request did not create the
18 record, did not participate in or have a role in any of the
19 events which are the subject of the record, and only has
20 access to the record through the shared electronic record
21 management system.
22 (e) Records that relate to or affect the security of
23 correctional institutions and detention facilities.
24 (e-5) Records requested by persons committed to the
25 Department of Corrections, Department of Human Services
26 Division of Mental Health, or a county jail if those

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1 materials are available in the library of the correctional
2 institution or facility or jail where the inmate is
3 confined.
4 (e-6) Records requested by persons committed to the
5 Department of Corrections, Department of Human Services
6 Division of Mental Health, or a county jail if those
7 materials include records from staff members' personnel
8 files, staff rosters, or other staffing assignment
9 information.
10 (e-7) Records requested by persons committed to the
11 Department of Corrections or Department of Human Services
12 Division of Mental Health if those materials are available
13 through an administrative request to the Department of
14 Corrections or Department of Human Services Division of
15 Mental Health.
16 (e-8) Records requested by a person committed to the
17 Department of Corrections, Department of Human Services
18 Division of Mental Health, or a county jail, the
19 disclosure of which would result in the risk of harm to any
20 person or the risk of an escape from a jail or correctional
21 institution or facility.
22 (e-9) Records requested by a person in a county jail
23 or committed to the Department of Corrections or
24 Department of Human Services Division of Mental Health,
25 containing personal information pertaining to the person's
26 victim or the victim's family, including, but not limited

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1 to, a victim's home address, home telephone number, work
2 or school address, work telephone number, social security
3 number, or any other identifying information, except as
4 may be relevant to a requester's current or potential case
5 or claim.
6 (e-10) Law enforcement records of other persons
7 requested by a person committed to the Department of
8 Corrections, Department of Human Services Division of
9 Mental Health, or a county jail, including, but not
10 limited to, arrest and booking records, mug shots, and
11 crime scene photographs, except as these records may be
12 relevant to the requester's current or potential case or
13 claim.
14 (f) Preliminary drafts, notes, recommendations,
15 memoranda and other records in which opinions are
16 expressed, or policies or actions are formulated, except
17 that a specific record or relevant portion of a record
18 shall not be exempt when the record is publicly cited and
19 identified by the head of the public body. The exemption
20 provided in this paragraph (f) extends to all those
21 records of officers and agencies of the General Assembly
22 that pertain to the preparation of legislative documents.
23 (g) Trade secrets and commercial or financial
24 information obtained from a person or business where the
25 trade secrets or commercial or financial information are
26 furnished under a claim that they are proprietary,

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1 privileged, or confidential, and that disclosure of the
2 trade secrets or commercial or financial information would
3 cause competitive harm to the person or business, and only
4 insofar as the claim directly applies to the records
5 requested.
6 The information included under this exemption includes
7 all trade secrets and commercial or financial information
8 obtained by a public body, including a public pension
9 fund, from a private equity fund or a privately held
10 company within the investment portfolio of a private
11 equity fund as a result of either investing or evaluating
12 a potential investment of public funds in a private equity
13 fund. The exemption contained in this item does not apply
14 to the aggregate financial performance information of a
15 private equity fund, nor to the identity of the fund's
16 managers or general partners. The exemption contained in
17 this item does not apply to the identity of a privately
18 held company within the investment portfolio of a private
19 equity fund, unless the disclosure of the identity of a
20 privately held company may cause competitive harm.
21 Nothing contained in this paragraph (g) shall be
22 construed to prevent a person or business from consenting
23 to disclosure.
24 (h) Proposals and bids for any contract, grant, or
25 agreement, including information which if it were
26 disclosed would frustrate procurement or give an advantage

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1 to any person proposing to enter into a contractor
2 agreement with the body, until an award or final selection
3 is made. Information prepared by or for the body in
4 preparation of a bid solicitation shall be exempt until an
5 award or final selection is made.
6 (i) Valuable formulae, computer geographic systems,
7 designs, drawings and research data obtained or produced
8 by any public body when disclosure could reasonably be
9 expected to produce private gain or public loss. The
10 exemption for "computer geographic systems" provided in
11 this paragraph (i) does not extend to requests made by
12 news media as defined in Section 2 of this Act when the
13 requested information is not otherwise exempt and the only
14 purpose of the request is to access and disseminate
15 information regarding the health, safety, welfare, or
16 legal rights of the general public.
17 (j) The following information pertaining to
18 educational matters:
19 (i) test questions, scoring keys and other
20 examination data used to administer an academic
21 examination;
22 (ii) information received by a primary or
23 secondary school, college, or university under its
24 procedures for the evaluation of faculty members by
25 their academic peers;
26 (iii) information concerning a school or

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1 university's adjudication of student disciplinary
2 cases, but only to the extent that disclosure would
3 unavoidably reveal the identity of the student; and
4 (iv) course materials or research materials used
5 by faculty members.
6 (k) Architects' plans, engineers' technical
7 submissions, and other construction related technical
8 documents for projects not constructed or developed in
9 whole or in part with public funds and the same for
10 projects constructed or developed with public funds,
11 including, but not limited to, power generating and
12 distribution stations and other transmission and
13 distribution facilities, water treatment facilities,
14 airport facilities, sport stadiums, convention centers,
15 and all government owned, operated, or occupied buildings,
16 but only to the extent that disclosure would compromise
17 security.
18 (l) Minutes of meetings of public bodies closed to the
19 public as provided in the Open Meetings Act until the
20 public body makes the minutes available to the public
21 under Section 2.06 of the Open Meetings Act.
22 (m) Communications between a public body and an
23 attorney or auditor representing the public body that
24 would not be subject to discovery in litigation, and
25 materials prepared or compiled by or for a public body in
26 anticipation of a criminal, civil, or administrative

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1 proceeding upon the request of an attorney advising the
2 public body, and materials prepared or compiled with
3 respect to internal audits of public bodies.
4 (n) Records relating to a public body's adjudication
5 of employee grievances or disciplinary cases; however,
6 this exemption shall not extend to the final outcome of
7 cases in which discipline is imposed.
8 (o) Administrative or technical information associated
9 with automated data processing operations, including, but
10 not limited to, software, operating protocols, computer
11 program abstracts, file layouts, source listings, object
12 modules, load modules, user guides, documentation
13 pertaining to all logical and physical design of
14 computerized systems, employee manuals, and any other
15 information that, if disclosed, would jeopardize the
16 security of the system or its data or the security of
17 materials exempt under this Section.
18 (p) Records relating to collective negotiating matters
19 between public bodies and their employees or
20 representatives, except that any final contract or
21 agreement shall be subject to inspection and copying.
22 (q) Test questions, scoring keys, and other
23 examination data used to determine the qualifications of
24 an applicant for a license or employment.
25 (r) The records, documents, and information relating
26 to real estate purchase negotiations until those

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1 negotiations have been completed or otherwise terminated.
2 With regard to a parcel involved in a pending or actually
3 and reasonably contemplated eminent domain proceeding
4 under the Eminent Domain Act, records, documents, and
5 information relating to that parcel shall be exempt except
6 as may be allowed under discovery rules adopted by the
7 Illinois Supreme Court. The records, documents, and
8 information relating to a real estate sale shall be exempt
9 until a sale is consummated.
10 (s) Any and all proprietary information and records
11 related to the operation of an intergovernmental risk
12 management association or self-insurance pool or jointly
13 self-administered health and accident cooperative or pool.
14 Insurance or self insurance (including any
15 intergovernmental risk management association or self
16 insurance pool) claims, loss or risk management
17 information, records, data, advice or communications.
18 (t) Information contained in or related to
19 examination, operating, or condition reports prepared by,
20 on behalf of, or for the use of a public body responsible
21 for the regulation or supervision of financial
22 institutions, insurance companies, or pharmacy benefit
23 managers, unless disclosure is otherwise required by State
24 law.
25 (u) Information that would disclose or might lead to
26 the disclosure of secret or confidential information,

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1 codes, algorithms, programs, or private keys intended to
2 be used to create electronic or digital signatures under
3 the Electronic Commerce Security Act.
4 (v) Vulnerability assessments, security measures, and
5 response policies or plans that are designed to identify,
6 prevent, or respond to potential attacks upon a
7 community's population or systems, facilities, or
8 installations, the destruction or contamination of which
9 would constitute a clear and present danger to the health
10 or safety of the community, but only to the extent that
11 disclosure could reasonably be expected to jeopardize the
12 effectiveness of the measures or the safety of the
13 personnel who implement them or the public. Information
14 exempt under this item may include such things as details
15 pertaining to the mobilization or deployment of personnel
16 or equipment, to the operation of communication systems or
17 protocols, or to tactical operations.
18 (w) (Blank).
19 (x) Maps and other records regarding the location or
20 security of generation, transmission, distribution,
21 storage, gathering, treatment, or switching facilities
22 owned by a utility, by a power generator, or by the
23 Illinois Power Agency.
24 (y) Information contained in or related to proposals,
25 bids, or negotiations related to electric power
26 procurement under Section 1-75 of the Illinois Power

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1 Agency Act and Section 16-111.5 of the Public Utilities
2 Act that is determined to be confidential and proprietary
3 by the Illinois Power Agency or by the Illinois Commerce
4 Commission.
5 (z) Information about students exempted from
6 disclosure under Sections 10-20.38 or 34-18.29 of the
7 School Code, and information about undergraduate students
8 enrolled at an institution of higher education exempted
9 from disclosure under Section 25 of the Illinois Credit
10 Card Marketing Act of 2009.
11 (aa) Information the disclosure of which is exempted
12 under the Viatical Settlements Act of 2009.
13 (bb) Records and information provided to a mortality
14 review team and records maintained by a mortality review
15 team appointed under the Department of Juvenile Justice
16 Mortality Review Team Act.
17 (cc) Information regarding interments, entombments, or
18 inurnments of human remains that are submitted to the
19 Cemetery Oversight Database under the Cemetery Care Act or
20 the Cemetery Oversight Act, whichever is applicable.
21 (dd) Correspondence and records (i) that may not be
22 disclosed under Section 11-9 of the Illinois Public Aid
23 Code or (ii) that pertain to appeals under Section 11-8 of
24 the Illinois Public Aid Code.
25 (ee) The names, addresses, or other personal
26 information of persons who are minors and are also

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1 participants and registrants in programs of park
2 districts, forest preserve districts, conservation
3 districts, recreation agencies, and special recreation
4 associations.
5 (ff) The names, addresses, or other personal
6 information of participants and registrants in programs of
7 park districts, forest preserve districts, conservation
8 districts, recreation agencies, and special recreation
9 associations where such programs are targeted primarily to
10 minors.
11 (gg) Confidential information described in Section
12 1-100 of the Illinois Independent Tax Tribunal Act of
13 2012.
14 (hh) The report submitted to the State Board of
15 Education by the School Security and Standards Task Force
16 under item (8) of subsection (d) of Section 2-3.160 of the
17 School Code and any information contained in that report.
18 (ii) Records requested by persons committed to or
19 detained by the Department of Human Services under the
20 Sexually Violent Persons Commitment Act or committed to
21 the Department of Corrections under the Sexually Dangerous
22 Persons Act if those materials: (i) are available in the
23 library of the facility where the individual is confined;
24 (ii) include records from staff members' personnel files,
25 staff rosters, or other staffing assignment information;
26 or (iii) are available through an administrative request

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1 to the Department of Human Services or the Department of
2 Corrections.
3 (jj) Confidential information described in Section
4 5-535 of the Civil Administrative Code of Illinois.
5 (kk) The public body's credit card numbers, debit card
6 numbers, bank account numbers, Federal Employer
7 Identification Number, security code numbers, passwords,
8 and similar account information, the disclosure of which
9 could result in identity theft or impression or defrauding
10 of a governmental entity or a person.
11 (ll) (kk) Records concerning the work of the threat
12 assessment team of a school district.
13 (mm) Medical records, books, papers, or other
14 documents that a medical examiner, deputy medical
15 examiner, or investigator obtains in conducting an
16 investigation or inquest under Division 3-3 of the
17 Counties Code.
18 (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21 (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

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1for purposes of this Act.
2 (3) This Section does not authorize withholding of
3information or limit the availability of records to the
4public, except as stated in this Section or otherwise provided
5in this Act.
6(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
7100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
81-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
9 Section 15. The Election Code is amended by changing
10Section 18A-218.10 as follows:
11 (10 ILCS 5/18A-218.10)
12 Sec. 18A-218.10. Definitions relating to provisional
13ballots.
14 (a) As used in this Article:
15 "Citywide or villagewide office" means an office
16 elected by the electors of an entire municipality.
17 "Correct precinct" means the precinct containing the
18 addresses at which the provisional voter resides and at
19 which he or she is registered to vote.
20 "Countywide office" means the offices of Clerk,
21 Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
22 Auditor, County Board President, County Board Member or
23 County Commissioner in those counties that elect those
24 officers countywide, Coroner, Regional Superintendent of

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1 Schools, Sanitary District Commissioners or Trustees,
2 Assessor, Board of Review Members in those counties that
3 elect those officers countywide, and Treasurer.
4 "Election authority" means either the County Clerk,
5 County Board of Election Commissioners, or Municipal Board
6 of Election Commissioners, as the case may be.
7 "Election jurisdiction" means an entire county, in the
8 case of a county in which no city board of election
9 commissioners is located or that is under the jurisdiction
10 of a county board of election commissioners; the
11 territorial jurisdiction of a city board of election
12 commissioners; and the territory in a county outside of
13 the jurisdiction of a city board of election
14 commissioners. Election jurisdictions shall be determined
15 according to which election authority maintains the
16 permanent registration records of qualified electors.
17 "Incorrect precinct" means the precinct in which the
18 voter cast a provisional ballot, but is not the precinct
19 containing the address at which he or she is registered to
20 vote. In order for a provisional ballot to be eligible for
21 counting when cast in an incorrect precinct, that precinct
22 must be located within either the county or municipality
23 in which the voter is registered.
24 "Leading established political party" means one of the
25 two political parties whose candidates for Governor at the
26 most recent 3 gubernatorial elections received either the

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1 highest or second highest average number of votes. The
2 first leading political party is the party whose candidate
3 for Governor received the highest average number of votes
4 in the 3 most recent gubernatorial elections and the
5 second leading political party is the party whose
6 candidate for Governor received the second highest average
7 number of votes in the 3 most recent gubernatorial
8 elections.
9 "Legislative district" means the district in which an
10 Illinois State Senator is elected to serve the residents.
11 "Persons entitled to vote provisionally" or
12 "provisional voter" means a person claiming to be a
13 registered voter who is entitled by Section 18A-5 of this
14 Code to vote a provisional ballot under the following
15 circumstances:
16 (1) The person's name does not appear on the
17 official list of eligible voters for the precinct in
18 which the person seeks to vote and the person has
19 refused an opportunity to register at the polling
20 location or another grace period registration site.
21 (2) The person's voting status has been
22 successfully challenged by an election judge, a
23 pollwatcher or any legal voter.
24 (3) A federal or State court order extends the
25 time for closing the polls beyond the time period
26 established by State law and the person votes during

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1 the extended time period.
2 (4) The voter registered to vote by mail and is
3 required by law to present identification when voting
4 either in person or by vote by mail ballot, but fails
5 to do so.
6 (5) The voter's name appears on the list of voters
7 who voted during the early voting period, but the
8 voter claims not to have voted during the early voting
9 period.
10 (6) The voter received a vote by mail ballot but
11 did not return the vote by mail ballot to the election
12 authority, and failed to surrender it to the election
13 judges.
14 (7) The voter attempted to register to vote on
15 election day, but failed to provide the necessary
16 documentation.
17 "Representative district" means the district from
18 which an Illinois State Representative is elected to serve
19 the residents.
20 "Statewide office" means the Constitutional offices of
21 Governor and Lt. Governor running jointly, Secretary of
22 State, Attorney General, Comptroller, and Treasurer.
23 "Township office" means an office elected by the
24 electors of an entire township.
25 (b) Procedures for Voting Provisionally in the Polling
26Place.

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1 (1) If any of the 7 reasons cited in the definition of
2 provisional voter in subsection (a) for casting a
3 provisional ballot exists, an election judge must accept
4 any information provided by a person who casts a
5 provisional ballot that the person believes supports his
6 or her claim that he or she is a duly registered voter and
7 qualified to vote in the election. However, if the
8 person's residence address is outside the precinct
9 boundaries, the election judge shall inform the person of
10 that fact, give the person the appropriate telephone
11 number of the election authority in order to locate the
12 polling place assigned to serve that address (or consult
13 any alternative tools provided by the election authority
14 for determining a voter's correct precinct polling place)
15 and instruct the person to go to the proper polling place
16 to vote.
17 (2) Once it has been determined by the election judges
18 that the person is entitled to receive a provisional
19 ballot, and the voter has completed the provisional voter
20 affidavit, the voter shall be given a provisional ballot
21 and shall proceed to vote that ballot. Upon receipt of the
22 ballot by the election judges, the ballot shall be
23 transmitted to the election authority in accordance with
24 subsection (a) of Section 18A-10 of this Code.
25 (3) In the event that a provisional ballot is
26 mistakenly cast in a precinct other than the precinct that

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1 contains the voter's address of registration (if the voter
2 believed he or she registered in the precinct in which he
3 or she voted provisionally, and the election judges should
4 have, but did not direct the voter to vote in the correct
5 precinct), Section 218.20 shall apply.
6(Source: P.A. 98-1171, eff. 6-1-15.)
7 (10 ILCS 5/2A-18 rep.)
8 Section 20. The Election Code is amended by repealing
9Section 2A-18.
10 Section 25. The Civil Administrative Code of Illinois is
11amended by changing Section 5-565 and by adding Section 5-566
12as follows:
13 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
14 Sec. 5-565. In the Department of Public Health.
15 (a) The General Assembly declares it to be the public
16policy of this State that all citizens of Illinois are
17entitled to lead healthy lives. Governmental public health has
18a specific responsibility to ensure that a public health
19system is in place to allow the public health mission to be
20achieved. The public health system is the collection of
21public, private, and voluntary entities as well as individuals
22and informal associations that contribute to the public's
23health within the State. To develop a public health system

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1requires certain core functions to be performed by government.
2The State Board of Health is to assume the leadership role in
3advising the Director in meeting the following functions:
4 (1) Needs assessment.
5 (2) Statewide health objectives.
6 (3) Policy development.
7 (4) Assurance of access to necessary services.
8 There shall be a State Board of Health composed of 20
9persons, all of whom shall be appointed by the Governor, with
10the advice and consent of the Senate for those appointed by the
11Governor on and after June 30, 1998, and one of whom shall be a
12senior citizen age 60 or over. Five members shall be
13physicians licensed to practice medicine in all its branches,
14one representing a medical school faculty, one who is board
15certified in preventive medicine, and one who is engaged in
16private practice. One member shall be a chiropractic
17physician. One member shall be a dentist; one an environmental
18health practitioner; one a local public health administrator;
19one a local board of health member; one a registered nurse; one
20a physical therapist; one an optometrist; one a veterinarian;
21one a public health academician; one a health care industry
22representative; one a representative of the business
23community; one a representative of the non-profit public
24interest community; and 2 shall be citizens at large.
25 The terms of Board of Health members shall be 3 years,
26except that members shall continue to serve on the Board of

HB1735- 23 -LRB102 03913 AWJ 13928 b
1Health until a replacement is appointed. Upon the effective
2date of Public Act 93-975 (January 1, 2005) this amendatory
3Act of the 93rd General Assembly, in the appointment of the
4Board of Health members appointed to vacancies or positions
5with terms expiring on or before December 31, 2004, the
6Governor shall appoint up to 6 members to serve for terms of 3
7years; up to 6 members to serve for terms of 2 years; and up to
85 members to serve for a term of one year, so that the term of
9no more than 6 members expire in the same year. All members
10shall be legal residents of the State of Illinois. The duties
11of the Board shall include, but not be limited to, the
12following:
13 (1) To advise the Department of ways to encourage
14 public understanding and support of the Department's
15 programs.
16 (2) To evaluate all boards, councils, committees,
17 authorities, and bodies advisory to, or an adjunct of, the
18 Department of Public Health or its Director for the
19 purpose of recommending to the Director one or more of the
20 following:
21 (i) The elimination of bodies whose activities are
22 not consistent with goals and objectives of the
23 Department.
24 (ii) The consolidation of bodies whose activities
25 encompass compatible programmatic subjects.
26 (iii) The restructuring of the relationship

HB1735- 24 -LRB102 03913 AWJ 13928 b
1 between the various bodies and their integration
2 within the organizational structure of the Department.
3 (iv) The establishment of new bodies deemed
4 essential to the functioning of the Department.
5 (3) To serve as an advisory group to the Director for
6 public health emergencies and control of health hazards.
7 (4) To advise the Director regarding public health
8 policy, and to make health policy recommendations
9 regarding priorities to the Governor through the Director.
10 (5) To present public health issues to the Director
11 and to make recommendations for the resolution of those
12 issues.
13 (6) To recommend studies to delineate public health
14 problems.
15 (7) To make recommendations to the Governor through
16 the Director regarding the coordination of State public
17 health activities with other State and local public health
18 agencies and organizations.
19 (8) To report on or before February 1 of each year on
20 the health of the residents of Illinois to the Governor,
21 the General Assembly, and the public.
22 (9) To review the final draft of all proposed
23 administrative rules, other than emergency or peremptory
24 preemptory rules and those rules that another advisory
25 body must approve or review within a statutorily defined
26 time period, of the Department after September 19, 1991

HB1735- 25 -LRB102 03913 AWJ 13928 b
1 (the effective date of Public Act 87-633). The Board shall
2 review the proposed rules within 90 days of submission by
3 the Department. The Department shall take into
4 consideration any comments and recommendations of the
5 Board regarding the proposed rules prior to submission to
6 the Secretary of State for initial publication. If the
7 Department disagrees with the recommendations of the
8 Board, it shall submit a written response outlining the
9 reasons for not accepting the recommendations.
10 In the case of proposed administrative rules or
11 amendments to administrative rules regarding immunization
12 of children against preventable communicable diseases
13 designated by the Director under the Communicable Disease
14 Prevention Act, after the Immunization Advisory Committee
15 has made its recommendations, the Board shall conduct 3
16 public hearings, geographically distributed throughout the
17 State. At the conclusion of the hearings, the State Board
18 of Health shall issue a report, including its
19 recommendations, to the Director. The Director shall take
20 into consideration any comments or recommendations made by
21 the Board based on these hearings.
22 (10) To deliver to the Governor for presentation to
23 the General Assembly a State Health Improvement Plan. The
24 first 3 such plans shall be delivered to the Governor on
25 January 1, 2006, January 1, 2009, and January 1, 2016 and
26 then every 5 years thereafter.

HB1735- 26 -LRB102 03913 AWJ 13928 b
1 The Plan shall recommend priorities and strategies to
2 improve the public health system and the health status of
3 Illinois residents, taking into consideration national
4 health objectives and system standards as frameworks for
5 assessment.
6 The Plan shall also take into consideration priorities
7 and strategies developed at the community level through
8 the Illinois Project for Local Assessment of Needs (IPLAN)
9 and any regional health improvement plans that may be
10 developed. The Plan shall focus on prevention as a key
11 strategy for long-term health improvement in Illinois.
12 The Plan shall examine and make recommendations on the
13 contributions and strategies of the public and private
14 sectors for improving health status and the public health
15 system in the State. In addition to recommendations on
16 health status improvement priorities and strategies for
17 the population of the State as a whole, the Plan shall make
18 recommendations regarding priorities and strategies for
19 reducing and eliminating health disparities in Illinois;
20 including racial, ethnic, gender, age, socio-economic, and
21 geographic disparities.
22 The Director of the Illinois Department of Public
23 Health shall appoint a Planning Team that includes a range
24 of public, private, and voluntary sector stakeholders and
25 participants in the public health system. This Team shall
26 include: the directors of State agencies with public

HB1735- 27 -LRB102 03913 AWJ 13928 b
1 health responsibilities (or their designees), including,
2 but not limited to, the Illinois Departments of Public
3 Health and Department of Human Services, representatives
4 of local health departments, representatives of local
5 community health partnerships, and individuals with
6 expertise who represent an array of organizations and
7 constituencies engaged in public health improvement and
8 prevention.
9 The State Board of Health shall hold at least 3 public
10 hearings addressing drafts of the Plan in representative
11 geographic areas of the State. Members of the Planning
12 Team shall receive no compensation for their services, but
13 may be reimbursed for their necessary expenses.
14 Upon the delivery of each State Health Improvement
15 Plan, the Governor shall appoint a SHIP Implementation
16 Coordination Council that includes a range of public,
17 private, and voluntary sector stakeholders and
18 participants in the public health system. The Council
19 shall include the directors of State agencies and entities
20 with public health system responsibilities (or their
21 designees), including, but not limited to, the Department
22 of Public Health, Department of Human Services, Department
23 of Healthcare and Family Services, Environmental
24 Protection Agency, Illinois State Board of Education,
25 Department on Aging, Illinois Violence Prevention
26 Authority, Department of Agriculture, Department of

HB1735- 28 -LRB102 03913 AWJ 13928 b
1 Insurance, Department of Financial and Professional
2 Regulation, Department of Transportation, and Department
3 of Commerce and Economic Opportunity and the Chair of the
4 State Board of Health. The Council shall include
5 representatives of local health departments and
6 individuals with expertise who represent an array of
7 organizations and constituencies engaged in public health
8 improvement and prevention, including non-profit public
9 interest groups, health issue groups, faith community
10 groups, health care providers, businesses and employers,
11 academic institutions, and community-based organizations.
12 The Governor shall endeavor to make the membership of the
13 Council representative of the racial, ethnic, gender,
14 socio-economic, and geographic diversity of the State. The
15 Governor shall designate one State agency representative
16 and one other non-governmental member as co-chairs of the
17 Council. The Governor shall designate a member of the
18 Governor's office to serve as liaison to the Council and
19 one or more State agencies to provide or arrange for
20 support to the Council. The members of the SHIP
21 Implementation Coordination Council for each State Health
22 Improvement Plan shall serve until the delivery of the
23 subsequent State Health Improvement Plan, whereupon a new
24 Council shall be appointed. Members of the SHIP Planning
25 Team may serve on the SHIP Implementation Coordination
26 Council if so appointed by the Governor.

HB1735- 29 -LRB102 03913 AWJ 13928 b
1 The SHIP Implementation Coordination Council shall
2 coordinate the efforts and engagement of the public,
3 private, and voluntary sector stakeholders and
4 participants in the public health system to implement each
5 SHIP. The Council shall serve as a forum for collaborative
6 action; coordinate existing and new initiatives; develop
7 detailed implementation steps, with mechanisms for action;
8 implement specific projects; identify public and private
9 funding sources at the local, State and federal level;
10 promote public awareness of the SHIP; advocate for the
11 implementation of the SHIP; and develop an annual report
12 to the Governor, General Assembly, and public regarding
13 the status of implementation of the SHIP. The Council
14 shall not, however, have the authority to direct any
15 public or private entity to take specific action to
16 implement the SHIP.
17 (11) Upon the request of the Governor, to recommend to
18 the Governor candidates for Director of Public Health when
19 vacancies occur in the position.
20 (12) To adopt bylaws for the conduct of its own
21 business, including the authority to establish ad hoc
22 committees to address specific public health programs
23 requiring resolution.
24 (13) (Blank).
25 Upon appointment, the Board shall elect a chairperson from
26among its members.

HB1735- 30 -LRB102 03913 AWJ 13928 b
1 Members of the Board shall receive compensation for their
2services at the rate of $150 per day, not to exceed $10,000 per
3year, as designated by the Director for each day required for
4transacting the business of the Board and shall be reimbursed
5for necessary expenses incurred in the performance of their
6duties. The Board shall meet from time to time at the call of
7the Department, at the call of the chairperson, or upon the
8request of 3 of its members, but shall not meet less than 4
9times per year.
10 (b) (Blank).
11 (c) An Advisory Board on Necropsy Service to Medical
12Examiners Coroners, which shall counsel and advise with the
13Director on the administration of the Autopsy Act. The
14Advisory Board shall consist of 11 members, including a senior
15citizen age 60 or over, appointed by the Governor, one of whom
16shall be designated as chairman by a majority of the members of
17the Board. In the appointment of the first Board the Governor
18shall appoint 3 members to serve for terms of 1 year, 3 for
19terms of 2 years, and 3 for terms of 3 years. The members first
20appointed under Public Act 83-1538 shall serve for a term of 3
21years. All members appointed thereafter shall be appointed for
22terms of 3 years, except that when an appointment is made to
23fill a vacancy, the appointment shall be for the remaining
24term of the position vacant. The members of the Board shall be
25citizens of the State of Illinois. In the appointment of
26members of the Advisory Board the Governor shall appoint 3

HB1735- 31 -LRB102 03913 AWJ 13928 b
1members who shall be persons licensed to practice medicine and
2surgery in the State of Illinois, at least 2 of whom shall have
3received post-graduate training in the field of pathology; 3
4members who are medical examiners duly elected coroners in
5this State; and 5 members who shall have interest and
6abilities in the field of forensic medicine but who shall be
7neither persons licensed to practice any branch of medicine in
8this State nor medical examiners coroners. In the appointment
9of medical and medical examiner coroner members of the Board,
10the Governor shall invite nominations from recognized medical
11and medical examiner coroners organizations in this State
12respectively. Board members, while serving on business of the
13Board, shall receive actual necessary travel and subsistence
14expenses while so serving away from their places of residence.
15(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
16revised 7-17-19.)
17 (20 ILCS 5/5-566 new)
18 Sec. 5-566. Transition to Advisory Board on Necropsy
19Service to Medical Examiners. No later than November 30, 2021,
20the Governor shall appoint 3 medical examiners to the Board
21under subsection (c) of Section 5-565, designating for each
22appointment which coroner on the Board is being replaced, from
23the medical examiners appointed under subsection (a) of
24Section 3-3000 of the Counties Code. The terms of the medical
25examiners appointed under this Section shall expire at the

HB1735- 32 -LRB102 03913 AWJ 13928 b
1same time of the coroner whom each medical examiner replaced.
2If all 3 medical examiners are not appointed to the Board under
3this Section on or before November 30, 2021, the coroner or
4coroners on the Board who have not yet been replaced with a
5medical examiner on November 30, 2021 shall continue as Board
6members until medical examiners are appointed and qualified to
7replace them.
8 Section 30. The Illinois Act on the Aging is amended by
9changing Section 4.04 as follows:
10 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
11 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
12of the Long Term Care Ombudsman Program is to ensure that older
13persons and persons with disabilities receive quality
14services. This is accomplished by providing advocacy services
15for residents of long term care facilities and participants
16receiving home care and community-based care. Managed care is
17increasingly becoming the vehicle for delivering health and
18long-term services and supports to seniors and persons with
19disabilities, including dual eligible participants. The
20additional ombudsman authority will allow advocacy services to
21be provided to Illinois participants for the first time and
22will produce a cost savings for the State of Illinois by
23supporting the rebalancing efforts of the Patient Protection
24and Affordable Care Act.

HB1735- 33 -LRB102 03913 AWJ 13928 b
1 (a) Long Term Care Ombudsman Program. The Department shall
2establish a Long Term Care Ombudsman Program, through the
3Office of State Long Term Care Ombudsman ("the Office"), in
4accordance with the provisions of the Older Americans Act of
51965, as now or hereafter amended. The Long Term Care
6Ombudsman Program is authorized, subject to sufficient
7appropriations, to advocate on behalf of older persons and
8persons with disabilities residing in their own homes or
9community-based settings, relating to matters which may
10adversely affect the health, safety, welfare, or rights of
11such individuals.
12 (b) Definitions. As used in this Section, unless the
13context requires otherwise:
14 (1) "Access" means the right to:
15 (i) Enter any long term care facility or assisted
16 living or shared housing establishment or supportive
17 living facility;
18 (ii) Communicate privately and without restriction
19 with any resident, regardless of age, who consents to
20 the communication;
21 (iii) Seek consent to communicate privately and
22 without restriction with any participant or resident,
23 regardless of age;
24 (iv) Inspect the clinical and other records of a
25 participant or resident, regardless of age, with the
26 express written consent of the participant or

HB1735- 34 -LRB102 03913 AWJ 13928 b
1 resident;
2 (v) Observe all areas of the long term care
3 facility or supportive living facilities, assisted
4 living or shared housing establishment except the
5 living area of any resident who protests the
6 observation; and
7 (vi) Subject to permission of the participant or
8 resident requesting services or his or her
9 representative, enter a home or community-based
10 setting.
11 (2) "Long Term Care Facility" means (i) any facility
12 as defined by Section 1-113 of the Nursing Home Care Act,
13 as now or hereafter amended; (ii) any skilled nursing
14 facility or a nursing facility which meets the
15 requirements of Section 1819(a), (b), (c), and (d) or
16 Section 1919(a), (b), (c), and (d) of the Social Security
17 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
18 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
19 (d)); (iii) any facility as defined by Section 1-113 of
20 the ID/DD Community Care Act, as now or hereafter amended;
21 (iv) any facility as defined by Section 1-113 of MC/DD
22 Act, as now or hereafter amended; and (v) any facility
23 licensed under Section 4-105 or 4-201 of the Specialized
24 Mental Health Rehabilitation Act of 2013, as now or
25 hereafter amended.
26 (2.5) "Assisted living establishment" and "shared

HB1735- 35 -LRB102 03913 AWJ 13928 b
1 housing establishment" have the meanings given those terms
2 in Section 10 of the Assisted Living and Shared Housing
3 Act.
4 (2.7) "Supportive living facility" means a facility
5 established under Section 5-5.01a of the Illinois Public
6 Aid Code.
7 (2.8) "Community-based setting" means any place of
8 abode other than an individual's private home.
9 (3) "State Long Term Care Ombudsman" means any person
10 employed by the Department to fulfill the requirements of
11 the Office of State Long Term Care Ombudsman as required
12 under the Older Americans Act of 1965, as now or hereafter
13 amended, and Departmental policy.
14 (3.1) "Ombudsman" means any designated representative
15 of the State Long Term Care Ombudsman Program; provided
16 that the representative, whether he is paid for or
17 volunteers his ombudsman services, shall be qualified and
18 designated by the Office to perform the duties of an
19 ombudsman as specified by the Department in rules and in
20 accordance with the provisions of the Older Americans Act
21 of 1965, as now or hereafter amended.
22 (4) "Participant" means an older person aged 60 or
23 over or an adult with a disability aged 18 through 59 who
24 is eligible for services under any of the following:
25 (i) A medical assistance waiver administered by
26 the State.

HB1735- 36 -LRB102 03913 AWJ 13928 b
1 (ii) A managed care organization providing care
2 coordination and other services to seniors and persons
3 with disabilities.
4 (5) "Resident" means an older person aged 60 or over
5 or an adult with a disability aged 18 through 59 who
6 resides in a long-term care facility.
7 (c) Ombudsman; rules. The Office of State Long Term Care
8Ombudsman shall be composed of at least one full-time
9ombudsman and shall include a system of designated regional
10long term care ombudsman programs. Each regional program shall
11be designated by the State Long Term Care Ombudsman as a
12subdivision of the Office and any representative of a regional
13program shall be treated as a representative of the Office.
14 The Department, in consultation with the Office, shall
15promulgate administrative rules in accordance with the
16provisions of the Older Americans Act of 1965, as now or
17hereafter amended, to establish the responsibilities of the
18Department and the Office of State Long Term Care Ombudsman
19and the designated regional Ombudsman programs. The
20administrative rules shall include the responsibility of the
21Office and designated regional programs to investigate and
22resolve complaints made by or on behalf of residents of long
23term care facilities, supportive living facilities, and
24assisted living and shared housing establishments, and
25participants residing in their own homes or community-based
26settings, including the option to serve residents and

HB1735- 37 -LRB102 03913 AWJ 13928 b
1participants under the age of 60, relating to actions,
2inaction, or decisions of providers, or their representatives,
3of such facilities and establishments, of public agencies, or
4of social services agencies, which may adversely affect the
5health, safety, welfare, or rights of such residents and
6participants. The Office and designated regional programs may
7represent all residents and participants, but are not required
8by this Act to represent persons under 60 years of age, except
9to the extent required by federal law. When necessary and
10appropriate, representatives of the Office shall refer
11complaints to the appropriate regulatory State agency. The
12Department, in consultation with the Office, shall cooperate
13with the Department of Human Services and other State agencies
14in providing information and training to designated regional
15long term care ombudsman programs about the appropriate
16assessment and treatment (including information about
17appropriate supportive services, treatment options, and
18assessment of rehabilitation potential) of the participants
19they serve.
20 The State Long Term Care Ombudsman and all other
21ombudsmen, as defined in paragraph (3.1) of subsection (b)
22must submit to background checks under the Health Care Worker
23Background Check Act and receive training, as prescribed by
24the Illinois Department on Aging, before visiting facilities,
25private homes, or community-based settings. The training must
26include information specific to assisted living

HB1735- 38 -LRB102 03913 AWJ 13928 b
1establishments, supportive living facilities, shared housing
2establishments, private homes, and community-based settings
3and to the rights of residents and participants guaranteed
4under the corresponding Acts and administrative rules.
5 (c-5) Consumer Choice Information Reports. The Office
6shall:
7 (1) In collaboration with the Attorney General, create
8 a Consumer Choice Information Report form to be completed
9 by all licensed long term care facilities to aid
10 Illinoisans and their families in making informed choices
11 about long term care. The Office shall create a Consumer
12 Choice Information Report for each type of licensed long
13 term care facility. The Office shall collaborate with the
14 Attorney General and the Department of Human Services to
15 create a Consumer Choice Information Report form for
16 facilities licensed under the ID/DD Community Care Act or
17 the MC/DD Act.
18 (2) Develop a database of Consumer Choice Information
19 Reports completed by licensed long term care facilities
20 that includes information in the following consumer
21 categories:
22 (A) Medical Care, Services, and Treatment.
23 (B) Special Services and Amenities.
24 (C) Staffing.
25 (D) Facility Statistics and Resident Demographics.
26 (E) Ownership and Administration.

HB1735- 39 -LRB102 03913 AWJ 13928 b
1 (F) Safety and Security.
2 (G) Meals and Nutrition.
3 (H) Rooms, Furnishings, and Equipment.
4 (I) Family, Volunteer, and Visitation Provisions.
5 (3) Make this information accessible to the public,
6 including on the Internet by means of a hyperlink labeled
7 "Resident's Right to Know" on the Office's World Wide Web
8 home page. Information about facilities licensed under the
9 ID/DD Community Care Act or the MC/DD Act shall be made
10 accessible to the public by the Department of Human
11 Services, including on the Internet by means of a
12 hyperlink labeled "Resident's and Families' Right to Know"
13 on the Department of Human Services' "For Customers"
14 website.
15 (4) Have the authority, with the Attorney General, to
16 verify that information provided by a facility is
17 accurate.
18 (5) Request a new report from any licensed facility
19 whenever it deems necessary.
20 (6) Include in the Office's Consumer Choice
21 Information Report for each type of licensed long term
22 care facility additional information on each licensed long
23 term care facility in the State of Illinois, including
24 information regarding each facility's compliance with the
25 relevant State and federal statutes, rules, and standards;
26 customer satisfaction surveys; and information generated

HB1735- 40 -LRB102 03913 AWJ 13928 b
1 from quality measures developed by the Centers for
2 Medicare and Medicaid Services.
3 (d) Access and visitation rights.
4 (1) In accordance with subparagraphs (A) and (E) of
5 paragraph (3) of subsection (c) of Section 1819 and
6 subparagraphs (A) and (E) of paragraph (3) of subsection
7 (c) of Section 1919 of the Social Security Act, as now or
8 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
9 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
10 Older Americans Act of 1965, as now or hereafter amended
11 (42 U.S.C. 3058f), a long term care facility, supportive
12 living facility, assisted living establishment, and shared
13 housing establishment must:
14 (i) permit immediate access to any resident,
15 regardless of age, by a designated ombudsman;
16 (ii) permit representatives of the Office, with
17 the permission of the resident's legal representative
18 or legal guardian, to examine a resident's clinical
19 and other records, regardless of the age of the
20 resident, and if a resident is unable to consent to
21 such review, and has no legal guardian, permit
22 representatives of the Office appropriate access, as
23 defined by the Department, in consultation with the
24 Office, in administrative rules, to the resident's
25 records; and
26 (iii) permit a representative of the Program to

HB1735- 41 -LRB102 03913 AWJ 13928 b
1 communicate privately and without restriction with any
2 participant who consents to the communication
3 regardless of the consent of, or withholding of
4 consent by, a legal guardian or an agent named in a
5 power of attorney executed by the participant.
6 (2) Each long term care facility, supportive living
7 facility, assisted living establishment, and shared
8 housing establishment shall display, in multiple,
9 conspicuous public places within the facility accessible
10 to both visitors and residents and in an easily readable
11 format, the address and phone number of the Office of the
12 Long Term Care Ombudsman, in a manner prescribed by the
13 Office.
14 (e) Immunity. An ombudsman or any representative of the
15Office participating in the good faith performance of his or
16her official duties shall have immunity from any liability
17(civil, criminal or otherwise) in any proceedings (civil,
18criminal or otherwise) brought as a consequence of the
19performance of his official duties.
20 (f) Business offenses.
21 (1) No person shall:
22 (i) Intentionally prevent, interfere with, or
23 attempt to impede in any way any representative of the
24 Office in the performance of his official duties under
25 this Act and the Older Americans Act of 1965; or
26 (ii) Intentionally retaliate, discriminate

HB1735- 42 -LRB102 03913 AWJ 13928 b
1 against, or effect reprisals against any long term
2 care facility resident or employee for contacting or
3 providing information to any representative of the
4 Office.
5 (2) A violation of this Section is a business offense,
6 punishable by a fine not to exceed $501.
7 (3) The State Long Term Care Ombudsman shall notify
8 the State's Attorney of the county in which the long term
9 care facility, supportive living facility, or assisted
10 living or shared housing establishment is located, or the
11 Attorney General, of any violations of this Section.
12 (g) Confidentiality of records and identities. The
13Department shall establish procedures for the disclosure by
14the State Ombudsman or the regional ombudsmen entities of
15files maintained by the program. The procedures shall provide
16that the files and records may be disclosed only at the
17discretion of the State Long Term Care Ombudsman or the person
18designated by the State Ombudsman to disclose the files and
19records, and the procedures shall prohibit the disclosure of
20the identity of any complainant, resident, participant,
21witness, or employee of a long term care provider unless:
22 (1) the complainant, resident, participant, witness,
23 or employee of a long term care provider or his or her
24 legal representative consents to the disclosure and the
25 consent is in writing;
26 (2) the complainant, resident, participant, witness,

HB1735- 43 -LRB102 03913 AWJ 13928 b
1 or employee of a long term care provider gives consent
2 orally; and the consent is documented contemporaneously in
3 writing in accordance with such requirements as the
4 Department shall establish; or
5 (3) the disclosure is required by court order.
6 (h) Legal representation. The Attorney General shall
7provide legal representation to any representative of the
8Office against whom suit or other legal action is brought in
9connection with the performance of the representative's
10official duties, in accordance with the State Employee
11Indemnification Act.
12 (i) Treatment by prayer and spiritual means. Nothing in
13this Act shall be construed to authorize or require the
14medical supervision, regulation or control of remedial care or
15treatment of any resident in a long term care facility
16operated exclusively by and for members or adherents of any
17church or religious denomination the tenets and practices of
18which include reliance solely upon spiritual means through
19prayer for healing.
20 (j) The Long Term Care Ombudsman Fund is created as a
21special fund in the State treasury to receive moneys for the
22express purposes of this Section. All interest earned on
23moneys in the fund shall be credited to the fund. Moneys
24contained in the fund shall be used to support the purposes of
25this Section.
26 (k) Each Regional Ombudsman may, in accordance with rules

HB1735- 44 -LRB102 03913 AWJ 13928 b
1promulgated by the Office, establish a multi-disciplinary team
2to act in an advisory role for the purpose of providing
3professional knowledge and expertise in handling complex
4abuse, neglect, and advocacy issues involving participants.
5Each multi-disciplinary team may consist of one or more
6volunteer representatives from any combination of at least 7
7members from the following professions: banking or finance;
8disability care; health care; pharmacology; law; law
9enforcement; emergency responder; mental health care; clergy;
10coroner or medical examiner; substance abuse; domestic
11violence; sexual assault; or other related fields. To support
12multi-disciplinary teams in this role, law enforcement
13agencies and coroners or medical examiners shall supply
14records as may be requested in particular cases. The Regional
15Ombudsman, or his or her designee, of the area in which the
16multi-disciplinary team is created shall be the facilitator of
17the multi-disciplinary team.
18(Source: P.A. 98-380, eff. 8-16-13; 98-989, eff. 1-1-15;
1999-180, eff. 7-29-15; 99-712, eff. 8-5-16.)
20 Section 35. The Child Death Review Team Act is amended by
21changing Sections 15, 20, 25, and 40 as follows:
22 (20 ILCS 515/15)
23 Sec. 15. Child death review teams; establishment.
24 (a) The Inspector General of the Department, in

HB1735- 45 -LRB102 03913 AWJ 13928 b
1consultation and cooperation with the Executive Council, law
2enforcement, and other professionals who work in the field of
3investigating, treating, or preventing child abuse or neglect
4in that subregion, shall appoint members to a child death
5review team in each of the Department's administrative
6subregions of the State outside Cook County and at least one
7child death review team in Cook County. The members of a team
8shall be appointed for 2-year terms and shall be eligible for
9reappointment upon the expiration of the terms. The Inspector
10General of the Department must fill any vacancy in a team
11within 60 days after that vacancy occurs.
12 (b) Each child death review team shall consist of at least
13one member from each of the following categories:
14 (1) Pediatrician or other physician knowledgeable
15 about child abuse and neglect.
16 (2) Representative of the Department.
17 (3) State's attorney or State's attorney's
18 representative.
19 (4) Representative of a local law enforcement agency.
20 (5) Psychologist or psychiatrist.
21 (6) Representative of a local health department.
22 (7) Representative of a school district or other
23 education or child care interests.
24 (8) Medical examiner Coroner or forensic pathologist.
25 (9) Representative of a child welfare agency or child
26 advocacy organization.

HB1735- 46 -LRB102 03913 AWJ 13928 b
1 (10) Representative of a local hospital, trauma
2 center, or provider of emergency medical services.
3 (11) Representative of the Department of State Police.
4 (12) Representative of the Department of Public
5 Health.
6 Each child death review team may make recommendations to
7the Inspector General of the Department concerning additional
8appointments. In the event of a disagreement, the Executive
9Council's decision shall control.
10 Each child death review team member must have demonstrated
11experience and an interest in investigating, treating, or
12preventing child abuse or neglect.
13 (c) Each child death review team shall select a
14chairperson and vice-chairperson from among its members. The
15chairperson shall also serve on the Illinois Child Death
16Review Teams Executive Council. The vice-chairperson may also
17serve on the Illinois Child Death Review Teams Executive
18Council, but shall not have a vote on child death review team
19business unless the chairperson is unable to attend a meeting.
20 (d) The child death review teams shall be funded under a
21separate line item in the Department's annual budget.
22 (e) The Department shall provide at least one full-time
23Statewide Department of Children and Family Services Liaison
24who shall attend all child death review team meetings, all
25Executive meetings, all Executive Council meetings, and
26meetings between the Director and the Executive Council.

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1(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
2 (20 ILCS 515/20)
3 Sec. 20. Reviews of child deaths.
4 (a) Every child death shall be reviewed by the team in the
5subregion which has primary case management responsibility.
6The deceased child must be one of the following:
7 (1) A youth in care.
8 (2) The subject of an open service case maintained by
9 the Department.
10 (3) The subject of a pending child abuse or neglect
11 investigation.
12 (4) A child who was the subject of an abuse or neglect
13 investigation at any time during the 12 months preceding
14 the child's death.
15 (5) Any other child whose death is reported to the
16 State central register as a result of alleged child abuse
17 or neglect which report is subsequently indicated.
18 A child death review team may, at its discretion, review
19other sudden, unexpected, or unexplained child deaths, cases
20of serious or fatal injuries to a child identified under the
21Children's Advocacy Center Act, and all unfounded child death
22cases.
23 (b) A child death review team's purpose in conducting
24reviews of child deaths is to do the following:
25 (1) Assist in determining the cause and manner of the

HB1735- 48 -LRB102 03913 AWJ 13928 b
1 child's death, when requested.
2 (2) Evaluate means by which the death might have been
3 prevented.
4 (3) Report its findings to appropriate agencies and
5 make recommendations that may help to reduce the number of
6 child deaths caused by abuse or neglect.
7 (4) Promote continuing education for professionals
8 involved in investigating, treating, and preventing child
9 abuse and neglect as a means of preventing child deaths
10 due to abuse or neglect.
11 (5) Make specific recommendations to the Director and
12 the Inspector General of the Department concerning the
13 prevention of child deaths due to abuse or neglect and the
14 establishment of protocols for investigating child deaths.
15 (c) A child death review team shall review a child death as
16soon as practical and not later than 90 days following the
17completion by the Department of the investigation of the death
18under the Abused and Neglected Child Reporting Act. When there
19has been no investigation by the Department, the child death
20review team shall review a child's death within 90 days after
21obtaining the information necessary to complete the review
22from the coroner, pathologist, medical examiner, or law
23enforcement agency, depending on the nature of the case. A
24child death review team shall meet at least once in each
25calendar quarter.
26 (d) The Director shall, within 90 days, review and reply

HB1735- 49 -LRB102 03913 AWJ 13928 b
1to recommendations made by a team under item (5) of subsection
2(b). With respect to each recommendation made by a team, the
3Director shall submit his or her reply both to the chairperson
4of that team and to the chairperson of the Executive Council.
5The Director's reply to each recommendation must include a
6statement as to whether the Director intends to implement the
7recommendation. The Director shall meet in person with the
8Executive Council at least every 60 days to discuss
9recommendations and the Department's responses.
10 The Director shall implement recommendations as feasible
11and appropriate and shall respond in writing to explain the
12implementation or nonimplementation of the recommendations.
13 (e) Within 90 days after the Director submits a reply with
14respect to a recommendation as required by subsection (d), the
15Director must submit an additional report that sets forth in
16detail the way, if any, in which the Director will implement
17the recommendation and the schedule for implementing the
18recommendation. The Director shall submit this report to the
19chairperson of the team that made the recommendation and to
20the chairperson of the Executive Council.
21 (f) Within 180 days after the Director submits a report
22under subsection (e) concerning the implementation of a
23recommendation, the Director shall submit a further report to
24the chairperson of the team that made the recommendation and
25to the chairperson of the Executive Council. This report shall
26set forth the specific changes in the Department's policies

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1and procedures that have been made in response to the
2recommendation.
3(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
4 (20 ILCS 515/25)
5 Sec. 25. Team access to information.
6 (a) No later than 21 days prior to a child death review
7team meeting, the Department shall provide to a child death
8review team and its staff all records and information in the
9Department's possession that are relevant to the team's review
10of a child death, including records and information concerning
11previous reports or investigations of suspected child abuse or
12neglect, all records and information from the Statewide
13Automated Child Welfare Information System or from any other
14database maintained by the Department, and all documents,
15including, but not limited to, police reports and medical
16information.
17 (b) A child death review team shall have access to all
18records and information that are relevant to its review of a
19child death and in the possession of a State or local
20governmental agency, including, but not limited to,
21information gained through the Child Advocacy Center protocol
22for cases of serious or fatal injury to a child. These records
23and information include, without limitation, birth
24certificates, all relevant medical and mental health records,
25records of law enforcement agency investigations, records of

HB1735- 51 -LRB102 03913 AWJ 13928 b
1coroner or medical examiner investigations, records of the
2Department of Corrections and Department of Juvenile Justice
3concerning a person's parole or aftercare release, records of
4a probation and court services department, and records of a
5social services agency that provided services to the child or
6the child's family.
7 (c) Child death review team staff must have full access to
8the Statewide Automated Child Welfare Information System, any
9other child welfare database maintained by the Department, and
10any child death certificates held by the Office of Vital
11Records within the Department of Public Health.
12(Source: P.A. 100-1122, eff. 11-27-18.)
13 (20 ILCS 515/40)
14 Sec. 40. Illinois Child Death Review Teams Executive
15Council.
16 (a) The Illinois Child Death Review Teams Executive
17Council, consisting of the chairpersons of the 9 child death
18review teams in Illinois, is the coordinating and oversight
19body for child death review teams and activities in Illinois.
20The vice-chairperson of a child death review team, as
21designated by the chairperson, may serve as a back-up member
22or an alternate member of the Executive Council, if the
23chairperson of the child death review team is unavailable to
24serve on the Executive Council. The Inspector General of the
25Department, ex officio, is a non-voting member of the

HB1735- 52 -LRB102 03913 AWJ 13928 b
1Executive Council. The Inspector General of the Department may
2appoint to the Executive Council any additional ex-officio
3members deemed necessary. Persons with expertise needed by the
4Executive Council may be invited to meetings. The Executive
5Council must select from its members a chairperson and a
6vice-chairperson, each to serve a 2-year, renewable term.
7 The Executive Council must meet at least 4 times during
8each calendar year. At each such meeting, in addition to any
9other matters under consideration, the Executive Council shall
10review all replies and reports received from the Director
11pursuant to subsections (d), (e), and (f) of Section 20 since
12the Executive Council's previous meeting. The Executive
13Council's review must include consideration of the Director's
14proposed manner of and schedule for implementing each
15recommendation made by a child death review team.
16 (b) The Department must provide or arrange for the staff
17support necessary for the Executive Council to carry out its
18duties. This includes a full-time Executive Director and
19support staff person. The Inspector General of the Department,
20in cooperation and consultation with the Executive Council,
21shall appoint, reappoint, and remove team members. In the
22event of a disagreement, the Executive Council's decision
23shall control. From funds available, the Director may select
24from a list of 2 or more candidates recommended by the
25Executive Council to serve as the Child Death Review Teams
26Executive Director. The Child Death Review Teams Executive

HB1735- 53 -LRB102 03913 AWJ 13928 b
1Director shall oversee the operations of the child death
2review teams and shall report directly to the Executive
3Council.
4 (c) The Executive Council has, but is not limited to, the
5following duties:
6 (1) To serve as the voice of child death review teams
7 in Illinois.
8 (2) To oversee the regional teams in order to ensure
9 that the teams' work is coordinated and in compliance with
10 the statutes and the operating protocol.
11 (3) To ensure that the data, results, findings, and
12 recommendations of the teams are adequately used to make
13 any necessary changes in the policies, procedures, and
14 statutes in order to protect children in a timely manner.
15 (4) To collaborate with the General Assembly, the
16 Department, and others in order to develop any legislation
17 needed to prevent child fatalities and to protect
18 children.
19 (5) To assist in the development of quarterly and
20 annual reports based on the work and the findings of the
21 teams.
22 (6) To ensure that the regional teams' review
23 processes are standardized in order to convey data,
24 findings, and recommendations in a usable format.
25 (7) To serve as a link with child death review teams
26 throughout the country and to participate in national

HB1735- 54 -LRB102 03913 AWJ 13928 b
1 child death review team activities.
2 (8) To develop an annual statewide symposium to update
3 the knowledge and skills of child death review team
4 members and to promote the exchange of information between
5 teams.
6 (9) To provide the child death review teams with the
7 most current information and practices concerning child
8 death review and related topics.
9 (10) To perform any other functions necessary to
10 enhance the capability of the child death review teams to
11 reduce and prevent child injuries and fatalities.
12 (c-5) The Executive Council shall prepare an annual
13report. The report must include, but need not be limited to,
14(i) each recommendation made by a child death review team
15pursuant to item (5) of subsection (b) of Section 20 during the
16period covered by the report, (ii) the Director's proposed
17schedule for implementing each such recommendation, and (iii)
18a description of the specific changes in the Department's
19policies and procedures that have been made in response to the
20recommendation. The Executive Council shall send a copy of its
21annual report to each of the following:
22 (1) The Governor.
23 (2) Each member of the Senate or the House of
24 Representatives, county coroners and medical examiners,
25 and State's Attorneys, in the sole discretion of the
26 Executive Council.

HB1735- 55 -LRB102 03913 AWJ 13928 b
1 (3) Each member of each child death review team in the
2 State.
3 (d) In any instance when a child death review team does not
4operate in accordance with established protocol, the Director,
5in consultation and cooperation with the Executive Council,
6must take any necessary actions to bring the team into
7compliance with the protocol.
8(Source: P.A. 100-1122, eff. 11-27-18.)
9 Section 40. The Department of Human Services Act is
10amended by changing Section 1-17 as follows:
11 (20 ILCS 1305/1-17)
12 Sec. 1-17. Inspector General.
13 (a) Nature and purpose. It is the express intent of the
14General Assembly to ensure the health, safety, and financial
15condition of individuals receiving services in this State due
16to mental illness, developmental disability, or both by
17protecting those persons from acts of abuse, neglect, or both
18by service providers. To that end, the Office of the Inspector
19General for the Department of Human Services is created to
20investigate and report upon allegations of the abuse, neglect,
21or financial exploitation of individuals receiving services
22within mental health facilities, developmental disabilities
23facilities, and community agencies operated, licensed, funded,
24or certified by the Department of Human Services, but not

HB1735- 56 -LRB102 03913 AWJ 13928 b
1licensed or certified by any other State agency.
2 (b) Definitions. The following definitions apply to this
3Section:
4 "Adult student with a disability" means an adult student,
5age 18 through 21, inclusive, with an Individual Education
6Program, other than a resident of a facility licensed by the
7Department of Children and Family Services in accordance with
8the Child Care Act of 1969. For purposes of this definition,
9"through age 21, inclusive", means through the day before the
10student's 22nd birthday.
11 "Agency" or "community agency" means (i) a community
12agency licensed, funded, or certified by the Department, but
13not licensed or certified by any other human services agency
14of the State, to provide mental health service or
15developmental disabilities service, or (ii) a program
16licensed, funded, or certified by the Department, but not
17licensed or certified by any other human services agency of
18the State, to provide mental health service or developmental
19disabilities service.
20 "Aggravating circumstance" means a factor that is
21attendant to a finding and that tends to compound or increase
22the culpability of the accused.
23 "Allegation" means an assertion, complaint, suspicion, or
24incident involving any of the following conduct by an
25employee, facility, or agency against an individual or
26individuals: mental abuse, physical abuse, sexual abuse,

HB1735- 57 -LRB102 03913 AWJ 13928 b
1neglect, or financial exploitation.
2 "Day" means working day, unless otherwise specified.
3 "Deflection" means a situation in which an individual is
4presented for admission to a facility or agency, and the
5facility staff or agency staff do not admit the individual.
6"Deflection" includes triage, redirection, and denial of
7admission.
8 "Department" means the Department of Human Services.
9 "Developmental disability" means "developmental
10disability" as defined in the Mental Health and Developmental
11Disabilities Code.
12 "Egregious neglect" means a finding of neglect as
13determined by the Inspector General that (i) represents a
14gross failure to adequately provide for, or a callused
15indifference to, the health, safety, or medical needs of an
16individual and (ii) results in an individual's death or other
17serious deterioration of an individual's physical condition or
18mental condition.
19 "Employee" means any person who provides services at the
20facility or agency on-site or off-site. The service
21relationship can be with the individual or with the facility
22or agency. Also, "employee" includes any employee or
23contractual agent of the Department of Human Services or the
24community agency involved in providing or monitoring or
25administering mental health or developmental disability
26services. This includes but is not limited to: owners,

HB1735- 58 -LRB102 03913 AWJ 13928 b
1operators, payroll personnel, contractors, subcontractors, and
2volunteers.
3 "Facility" or "State-operated facility" means a mental
4health facility or developmental disabilities facility
5operated by the Department.
6 "Financial exploitation" means taking unjust advantage of
7an individual's assets, property, or financial resources
8through deception, intimidation, or conversion for the
9employee's, facility's, or agency's own advantage or benefit.
10 "Finding" means the Office of Inspector General's
11determination regarding whether an allegation is
12substantiated, unsubstantiated, or unfounded.
13 "Health Care Worker Registry" or "Registry" means the
14Health Care Worker Registry under the Health Care Worker
15Background Check Act.
16 "Individual" means any person receiving mental health
17service, developmental disabilities service, or both from a
18facility or agency, while either on-site or off-site.
19 "Mental abuse" means the use of demeaning, intimidating,
20or threatening words, signs, gestures, or other actions by an
21employee about an individual and in the presence of an
22individual or individuals that results in emotional distress
23or maladaptive behavior, or could have resulted in emotional
24distress or maladaptive behavior, for any individual present.
25 "Mental illness" means "mental illness" as defined in the
26Mental Health and Developmental Disabilities Code.

HB1735- 59 -LRB102 03913 AWJ 13928 b
1 "Mentally ill" means having a mental illness.
2 "Mitigating circumstance" means a condition that (i) is
3attendant to a finding, (ii) does not excuse or justify the
4conduct in question, but (iii) may be considered in evaluating
5the severity of the conduct, the culpability of the accused,
6or both the severity of the conduct and the culpability of the
7accused.
8 "Neglect" means an employee's, agency's, or facility's
9failure to provide adequate medical care, personal care, or
10maintenance and that, as a consequence, (i) causes an
11individual pain, injury, or emotional distress, (ii) results
12in either an individual's maladaptive behavior or the
13deterioration of an individual's physical condition or mental
14condition, or (iii) places the individual's health or safety
15at substantial risk.
16 "Person with a developmental disability" means a person
17having a developmental disability.
18 "Physical abuse" means an employee's non-accidental and
19inappropriate contact with an individual that causes bodily
20harm. "Physical abuse" includes actions that cause bodily harm
21as a result of an employee directing an individual or person to
22physically abuse another individual.
23 "Recommendation" means an admonition, separate from a
24finding, that requires action by the facility, agency, or
25Department to correct a systemic issue, problem, or deficiency
26identified during an investigation.

HB1735- 60 -LRB102 03913 AWJ 13928 b
1 "Required reporter" means any employee who suspects,
2witnesses, or is informed of an allegation of any one or more
3of the following: mental abuse, physical abuse, sexual abuse,
4neglect, or financial exploitation.
5 "Secretary" means the Chief Administrative Officer of the
6Department.
7 "Sexual abuse" means any sexual contact or intimate
8physical contact between an employee and an individual,
9including an employee's coercion or encouragement of an
10individual to engage in sexual behavior that results in sexual
11contact, intimate physical contact, sexual behavior, or
12intimate physical behavior. Sexual abuse also includes (i) an
13employee's actions that result in the sending or showing of
14sexually explicit images to an individual via computer,
15cellular phone, electronic mail, portable electronic device,
16or other media with or without contact with the individual or
17(ii) an employee's posting of sexually explicit images of an
18individual online or elsewhere whether or not there is contact
19with the individual.
20 "Sexually explicit images" includes, but is not limited
21to, any material which depicts nudity, sexual conduct, or
22sado-masochistic abuse, or which contains explicit and
23detailed verbal descriptions or narrative accounts of sexual
24excitement, sexual conduct, or sado-masochistic abuse.
25 "Substantiated" means there is a preponderance of the
26evidence to support the allegation.

HB1735- 61 -LRB102 03913 AWJ 13928 b
1 "Unfounded" means there is no credible evidence to support
2the allegation.
3 "Unsubstantiated" means there is credible evidence, but
4less than a preponderance of evidence to support the
5allegation.
6 (c) Appointment. The Governor shall appoint, and the
7Senate shall confirm, an Inspector General. The Inspector
8General shall be appointed for a term of 4 years and shall
9function within the Department of Human Services and report to
10the Secretary and the Governor.
11 (d) Operation and appropriation. The Inspector General
12shall function independently within the Department with
13respect to the operations of the Office, including the
14performance of investigations and issuance of findings and
15recommendations. The appropriation for the Office of Inspector
16General shall be separate from the overall appropriation for
17the Department.
18 (e) Powers and duties. The Inspector General shall
19investigate reports of suspected mental abuse, physical abuse,
20sexual abuse, neglect, or financial exploitation of
21individuals in any mental health or developmental disabilities
22facility or agency and shall have authority to take immediate
23action to prevent any one or more of the following from
24happening to individuals under its jurisdiction: mental abuse,
25physical abuse, sexual abuse, neglect, or financial
26exploitation. Upon written request of an agency of this State,

HB1735- 62 -LRB102 03913 AWJ 13928 b
1the Inspector General may assist another agency of the State
2in investigating reports of the abuse, neglect, or abuse and
3neglect of persons with mental illness, persons with
4developmental disabilities, or persons with both. To comply
5with the requirements of subsection (k) of this Section, the
6Inspector General shall also review all reportable deaths for
7which there is no allegation of abuse or neglect. Nothing in
8this Section shall preempt any duties of the Medical Review
9Board set forth in the Mental Health and Developmental
10Disabilities Code. The Inspector General shall have no
11authority to investigate alleged violations of the State
12Officials and Employees Ethics Act. Allegations of misconduct
13under the State Officials and Employees Ethics Act shall be
14referred to the Office of the Governor's Executive Inspector
15General for investigation.
16 (f) Limitations. The Inspector General shall not conduct
17an investigation within an agency or facility if that
18investigation would be redundant to or interfere with an
19investigation conducted by another State agency. The Inspector
20General shall have no supervision over, or involvement in, the
21routine programmatic, licensing, funding, or certification
22operations of the Department. Nothing in this subsection
23limits investigations by the Department that may otherwise be
24required by law or that may be necessary in the Department's
25capacity as central administrative authority responsible for
26the operation of the State's mental health and developmental

HB1735- 63 -LRB102 03913 AWJ 13928 b
1disabilities facilities.
2 (g) Rulemaking authority. The Inspector General shall
3promulgate rules establishing minimum requirements for
4reporting allegations as well as for initiating, conducting,
5and completing investigations based upon the nature of the
6allegation or allegations. The rules shall clearly establish
7that if 2 or more State agencies could investigate an
8allegation, the Inspector General shall not conduct an
9investigation that would be redundant to, or interfere with,
10an investigation conducted by another State agency. The rules
11shall further clarify the method and circumstances under which
12the Office of Inspector General may interact with the
13licensing, funding, or certification units of the Department
14in preventing further occurrences of mental abuse, physical
15abuse, sexual abuse, neglect, egregious neglect, and financial
16exploitation.
17 (h) Training programs. The Inspector General shall (i)
18establish a comprehensive program to ensure that every person
19authorized to conduct investigations receives ongoing training
20relative to investigation techniques, communication skills,
21and the appropriate means of interacting with persons
22receiving treatment for mental illness, developmental
23disability, or both mental illness and developmental
24disability, and (ii) establish and conduct periodic training
25programs for facility and agency employees concerning the
26prevention and reporting of any one or more of the following:

HB1735- 64 -LRB102 03913 AWJ 13928 b
1mental abuse, physical abuse, sexual abuse, neglect, egregious
2neglect, or financial exploitation. The Inspector General
3shall further ensure (i) every person authorized to conduct
4investigations at community agencies receives ongoing training
5in Title 59, Parts 115, 116, and 119 of the Illinois
6Administrative Code, and (ii) every person authorized to
7conduct investigations shall receive ongoing training in Title
859, Part 50 of the Illinois Administrative Code. Nothing in
9this Section shall be deemed to prevent the Office of
10Inspector General from conducting any other training as
11determined by the Inspector General to be necessary or
12helpful.
13 (i) Duty to cooperate.
14 (1) The Inspector General shall at all times be
15 granted access to any facility or agency for the purpose
16 of investigating any allegation, conducting unannounced
17 site visits, monitoring compliance with a written
18 response, or completing any other statutorily assigned
19 duty. The Inspector General shall conduct unannounced site
20 visits to each facility at least annually for the purpose
21 of reviewing and making recommendations on systemic issues
22 relative to preventing, reporting, investigating, and
23 responding to all of the following: mental abuse, physical
24 abuse, sexual abuse, neglect, egregious neglect, or
25 financial exploitation.
26 (2) Any employee who fails to cooperate with an Office

HB1735- 65 -LRB102 03913 AWJ 13928 b
1 of the Inspector General investigation is in violation of
2 this Act. Failure to cooperate with an investigation
3 includes, but is not limited to, any one or more of the
4 following: (i) creating and transmitting a false report to
5 the Office of the Inspector General hotline, (ii)
6 providing false information to an Office of the Inspector
7 General Investigator during an investigation, (iii)
8 colluding with other employees to cover up evidence, (iv)
9 colluding with other employees to provide false
10 information to an Office of the Inspector General
11 investigator, (v) destroying evidence, (vi) withholding
12 evidence, or (vii) otherwise obstructing an Office of the
13 Inspector General investigation. Additionally, any
14 employee who, during an unannounced site visit or written
15 response compliance check, fails to cooperate with
16 requests from the Office of the Inspector General is in
17 violation of this Act.
18 (j) Subpoena powers. The Inspector General shall have the
19power to subpoena witnesses and compel the production of all
20documents and physical evidence relating to his or her
21investigations and any hearings authorized by this Act. This
22subpoena power shall not extend to persons or documents of a
23labor organization or its representatives insofar as the
24persons are acting in a representative capacity to an employee
25whose conduct is the subject of an investigation or the
26documents relate to that representation. Any person who

HB1735- 66 -LRB102 03913 AWJ 13928 b
1otherwise fails to respond to a subpoena or who knowingly
2provides false information to the Office of the Inspector
3General by subpoena during an investigation is guilty of a
4Class A misdemeanor.
5 (k) Reporting allegations and deaths.
6 (1) Allegations. If an employee witnesses, is told of,
7 or has reason to believe an incident of mental abuse,
8 physical abuse, sexual abuse, neglect, or financial
9 exploitation has occurred, the employee, agency, or
10 facility shall report the allegation by phone to the
11 Office of the Inspector General hotline according to the
12 agency's or facility's procedures, but in no event later
13 than 4 hours after the initial discovery of the incident,
14 allegation, or suspicion of any one or more of the
15 following: mental abuse, physical abuse, sexual abuse,
16 neglect, or financial exploitation. A required reporter as
17 defined in subsection (b) of this Section who knowingly or
18 intentionally fails to comply with these reporting
19 requirements is guilty of a Class A misdemeanor.
20 (2) Deaths. Absent an allegation, a required reporter
21 shall, within 24 hours after initial discovery, report by
22 phone to the Office of the Inspector General hotline each
23 of the following:
24 (i) Any death of an individual occurring within 14
25 calendar days after discharge or transfer of the
26 individual from a residential program or facility.

HB1735- 67 -LRB102 03913 AWJ 13928 b
1 (ii) Any death of an individual occurring within
2 24 hours after deflection from a residential program
3 or facility.
4 (iii) Any other death of an individual occurring
5 at an agency or facility or at any Department-funded
6 site.
7 (3) Retaliation. It is a violation of this Act for any
8 employee or administrator of an agency or facility to take
9 retaliatory action against an employee who acts in good
10 faith in conformance with his or her duties as a required
11 reporter.
12 (l) Reporting to law enforcement.
13 (1) Reporting criminal acts. Within 24 hours after
14 determining that there is credible evidence indicating
15 that a criminal act may have been committed or that
16 special expertise may be required in an investigation, the
17 Inspector General shall notify the Department of State
18 Police or other appropriate law enforcement authority, or
19 ensure that such notification is made. The Department of
20 State Police shall investigate any report from a
21 State-operated facility indicating a possible murder,
22 sexual assault, or other felony by an employee. All
23 investigations conducted by the Inspector General shall be
24 conducted in a manner designed to ensure the preservation
25 of evidence for possible use in a criminal prosecution.
26 (2) Reporting allegations of adult students with

HB1735- 68 -LRB102 03913 AWJ 13928 b
1 disabilities. Upon receipt of a reportable allegation
2 regarding an adult student with a disability, the
3 Department's Office of the Inspector General shall
4 determine whether the allegation meets the criteria for
5 the Domestic Abuse Program under the Abuse of Adults with
6 Disabilities Intervention Act. If the allegation is
7 reportable to that program, the Office of the Inspector
8 General shall initiate an investigation. If the allegation
9 is not reportable to the Domestic Abuse Program, the
10 Office of the Inspector General shall make an expeditious
11 referral to the respective law enforcement entity. If the
12 alleged victim is already receiving services from the
13 Department, the Office of the Inspector General shall also
14 make a referral to the respective Department of Human
15 Services' Division or Bureau.
16 (m) Investigative reports. Upon completion of an
17investigation, the Office of Inspector General shall issue an
18investigative report identifying whether the allegations are
19substantiated, unsubstantiated, or unfounded. Within 10
20business days after the transmittal of a completed
21investigative report substantiating an allegation, finding an
22allegation is unsubstantiated, or if a recommendation is made,
23the Inspector General shall provide the investigative report
24on the case to the Secretary and to the director of the
25facility or agency where any one or more of the following
26occurred: mental abuse, physical abuse, sexual abuse, neglect,

HB1735- 69 -LRB102 03913 AWJ 13928 b
1egregious neglect, or financial exploitation. The director of
2the facility or agency shall be responsible for maintaining
3the confidentiality of the investigative report consistent
4with State and federal law. In a substantiated case, the
5investigative report shall include any mitigating or
6aggravating circumstances that were identified during the
7investigation. If the case involves substantiated neglect, the
8investigative report shall also state whether egregious
9neglect was found. An investigative report may also set forth
10recommendations. All investigative reports prepared by the
11Office of the Inspector General shall be considered
12confidential and shall not be released except as provided by
13the law of this State or as required under applicable federal
14law. Unsubstantiated and unfounded reports shall not be
15disclosed except as allowed under Section 6 of the Abused and
16Neglected Long Term Care Facility Residents Reporting Act. Raw
17data used to compile the investigative report shall not be
18subject to release unless required by law or a court order.
19"Raw data used to compile the investigative report" includes,
20but is not limited to, any one or more of the following: the
21initial complaint, witness statements, photographs,
22investigator's notes, police reports, or incident reports. If
23the allegations are substantiated, the victim, the victim's
24guardian, and the accused shall be provided with a redacted
25copy of the investigative report. Death reports where there
26was no allegation of abuse or neglect shall only be released

HB1735- 70 -LRB102 03913 AWJ 13928 b
1pursuant to applicable State or federal law or a valid court
2order. Unredacted investigative reports, as well as raw data,
3may be shared with a local law enforcement entity, a State's
4Attorney's office, or a county medical examiner's coroner's
5office upon written request.
6 (n) Written responses, clarification requests, and
7reconsideration requests.
8 (1) Written responses. Within 30 calendar days from
9 receipt of a substantiated investigative report or an
10 investigative report which contains recommendations,
11 absent a reconsideration request, the facility or agency
12 shall file a written response that addresses, in a concise
13 and reasoned manner, the actions taken to: (i) protect the
14 individual; (ii) prevent recurrences; and (iii) eliminate
15 the problems identified. The response shall include the
16 implementation and completion dates of such actions. If
17 the written response is not filed within the allotted 30
18 calendar day period, the Secretary shall determine the
19 appropriate corrective action to be taken.
20 (2) Requests for clarification. The facility, agency,
21 victim or guardian, or the subject employee may request
22 that the Office of Inspector General clarify the finding
23 or findings for which clarification is sought.
24 (3) Requests for reconsideration. The facility,
25 agency, victim or guardian, or the subject employee may
26 request that the Office of the Inspector General

HB1735- 71 -LRB102 03913 AWJ 13928 b
1 reconsider the finding or findings or the recommendations.
2 A request for reconsideration shall be subject to a
3 multi-layer review and shall include at least one reviewer
4 who did not participate in the investigation or approval
5 of the original investigative report. After the
6 multi-layer review process has been completed, the
7 Inspector General shall make the final determination on
8 the reconsideration request. The investigation shall be
9 reopened if the reconsideration determination finds that
10 additional information is needed to complete the
11 investigative record.
12 (o) Disclosure of the finding by the Inspector General.
13The Inspector General shall disclose the finding of an
14investigation to the following persons: (i) the Governor, (ii)
15the Secretary, (iii) the director of the facility or agency,
16(iv) the alleged victims and their guardians, (v) the
17complainant, and (vi) the accused. This information shall
18include whether the allegations were deemed substantiated,
19unsubstantiated, or unfounded.
20 (p) Secretary review. Upon review of the Inspector
21General's investigative report and any agency's or facility's
22written response, the Secretary shall accept or reject the
23written response and notify the Inspector General of that
24determination. The Secretary may further direct that other
25administrative action be taken, including, but not limited to,
26any one or more of the following: (i) additional site visits,

HB1735- 72 -LRB102 03913 AWJ 13928 b
1(ii) training, (iii) provision of technical assistance
2relative to administrative needs, licensure, or certification,
3or (iv) the imposition of appropriate sanctions.
4 (q) Action by facility or agency. Within 30 days of the
5date the Secretary approves the written response or directs
6that further administrative action be taken, the facility or
7agency shall provide an implementation report to the Inspector
8General that provides the status of the action taken. The
9facility or agency shall be allowed an additional 30 days to
10send notice of completion of the action or to send an updated
11implementation report. If the action has not been completed
12within the additional 30-day period, the facility or agency
13shall send updated implementation reports every 60 days until
14completion. The Inspector General shall conduct a review of
15any implementation plan that takes more than 120 days after
16approval to complete, and shall monitor compliance through a
17random review of approved written responses, which may
18include, but are not limited to: (i) site visits, (ii)
19telephone contact, and (iii) requests for additional
20documentation evidencing compliance.
21 (r) Sanctions. Sanctions, if imposed by the Secretary
22under Subdivision (p)(iv) of this Section, shall be designed
23to prevent further acts of mental abuse, physical abuse,
24sexual abuse, neglect, egregious neglect, or financial
25exploitation or some combination of one or more of those acts
26at a facility or agency, and may include any one or more of the

HB1735- 73 -LRB102 03913 AWJ 13928 b
1following:
2 (1) Appointment of on-site monitors.
3 (2) Transfer or relocation of an individual or
4 individuals.
5 (3) Closure of units.
6 (4) Termination of any one or more of the following:
7 (i) Department licensing, (ii) funding, or (iii)
8 certification.
9 The Inspector General may seek the assistance of the
10Illinois Attorney General or the office of any State's
11Attorney in implementing sanctions.
12 (s) Health Care Worker Registry.
13 (1) Reporting to the Registry. The Inspector General
14 shall report to the Department of Public Health's Health
15 Care Worker Registry, a public registry, the identity and
16 finding of each employee of a facility or agency against
17 whom there is a final investigative report containing a
18 substantiated allegation of physical or sexual abuse,
19 financial exploitation, or egregious neglect of an
20 individual.
21 (2) Notice to employee. Prior to reporting the name of
22 an employee, the employee shall be notified of the
23 Department's obligation to report and shall be granted an
24 opportunity to request an administrative hearing, the sole
25 purpose of which is to determine if the substantiated
26 finding warrants reporting to the Registry. Notice to the

HB1735- 74 -LRB102 03913 AWJ 13928 b
1 employee shall contain a clear and concise statement of
2 the grounds on which the report to the Registry is based,
3 offer the employee an opportunity for a hearing, and
4 identify the process for requesting such a hearing. Notice
5 is sufficient if provided by certified mail to the
6 employee's last known address. If the employee fails to
7 request a hearing within 30 days from the date of the
8 notice, the Inspector General shall report the name of the
9 employee to the Registry. Nothing in this subdivision
10 (s)(2) shall diminish or impair the rights of a person who
11 is a member of a collective bargaining unit under the
12 Illinois Public Labor Relations Act or under any other
13 federal labor statute.
14 (3) Registry hearings. If the employee requests an
15 administrative hearing, the employee shall be granted an
16 opportunity to appear before an administrative law judge
17 to present reasons why the employee's name should not be
18 reported to the Registry. The Department shall bear the
19 burden of presenting evidence that establishes, by a
20 preponderance of the evidence, that the substantiated
21 finding warrants reporting to the Registry. After
22 considering all the evidence presented, the administrative
23 law judge shall make a recommendation to the Secretary as
24 to whether the substantiated finding warrants reporting
25 the name of the employee to the Registry. The Secretary
26 shall render the final decision. The Department and the

HB1735- 75 -LRB102 03913 AWJ 13928 b
1 employee shall have the right to request that the
2 administrative law judge consider a stipulated disposition
3 of these proceedings.
4 (4) Testimony at Registry hearings. A person who makes
5 a report or who investigates a report under this Act shall
6 testify fully in any judicial proceeding resulting from
7 such a report, as to any evidence of abuse or neglect, or
8 the cause thereof. No evidence shall be excluded by reason
9 of any common law or statutory privilege relating to
10 communications between the alleged perpetrator of abuse or
11 neglect, or the individual alleged as the victim in the
12 report, and the person making or investigating the report.
13 Testimony at hearings is exempt from the confidentiality
14 requirements of subsection (f) of Section 10 of the Mental
15 Health and Developmental Disabilities Confidentiality Act.
16 (5) Employee's rights to collateral action. No
17 reporting to the Registry shall occur and no hearing shall
18 be set or proceed if an employee notifies the Inspector
19 General in writing, including any supporting
20 documentation, that he or she is formally contesting an
21 adverse employment action resulting from a substantiated
22 finding by complaint filed with the Illinois Civil Service
23 Commission, or which otherwise seeks to enforce the
24 employee's rights pursuant to any applicable collective
25 bargaining agreement. If an action taken by an employer
26 against an employee as a result of a finding of physical

HB1735- 76 -LRB102 03913 AWJ 13928 b
1 abuse, sexual abuse, or egregious neglect is overturned
2 through an action filed with the Illinois Civil Service
3 Commission or under any applicable collective bargaining
4 agreement and if that employee's name has already been
5 sent to the Registry, the employee's name shall be removed
6 from the Registry.
7 (6) Removal from Registry. At any time after the
8 report to the Registry, but no more than once in any
9 12-month period, an employee may petition the Department
10 in writing to remove his or her name from the Registry.
11 Upon receiving notice of such request, the Inspector
12 General shall conduct an investigation into the petition.
13 Upon receipt of such request, an administrative hearing
14 will be set by the Department. At the hearing, the
15 employee shall bear the burden of presenting evidence that
16 establishes, by a preponderance of the evidence, that
17 removal of the name from the Registry is in the public
18 interest. The parties may jointly request that the
19 administrative law judge consider a stipulated disposition
20 of these proceedings.
21 (t) Review of Administrative Decisions. The Department
22shall preserve a record of all proceedings at any formal
23hearing conducted by the Department involving Health Care
24Worker Registry hearings. Final administrative decisions of
25the Department are subject to judicial review pursuant to
26provisions of the Administrative Review Law.

HB1735- 77 -LRB102 03913 AWJ 13928 b
1 (u) Quality Care Board. There is created, within the
2Office of the Inspector General, a Quality Care Board to be
3composed of 7 members appointed by the Governor with the
4advice and consent of the Senate. One of the members shall be
5designated as chairman by the Governor. Of the initial
6appointments made by the Governor, 4 Board members shall each
7be appointed for a term of 4 years and 3 members shall each be
8appointed for a term of 2 years. Upon the expiration of each
9member's term, a successor shall be appointed for a term of 4
10years. In the case of a vacancy in the office of any member,
11the Governor shall appoint a successor for the remainder of
12the unexpired term.
13 Members appointed by the Governor shall be qualified by
14professional knowledge or experience in the area of law,
15investigatory techniques, or in the area of care of the
16mentally ill or care of persons with developmental
17disabilities. Two members appointed by the Governor shall be
18persons with a disability or parents of persons with a
19disability. Members shall serve without compensation, but
20shall be reimbursed for expenses incurred in connection with
21the performance of their duties as members.
22 The Board shall meet quarterly, and may hold other
23meetings on the call of the chairman. Four members shall
24constitute a quorum allowing the Board to conduct its
25business. The Board may adopt rules and regulations it deems
26necessary to govern its own procedures.

HB1735- 78 -LRB102 03913 AWJ 13928 b
1 The Board shall monitor and oversee the operations,
2policies, and procedures of the Inspector General to ensure
3the prompt and thorough investigation of allegations of
4neglect and abuse. In fulfilling these responsibilities, the
5Board may do the following:
6 (1) Provide independent, expert consultation to the
7 Inspector General on policies and protocols for
8 investigations of alleged abuse, neglect, or both abuse
9 and neglect.
10 (2) Review existing regulations relating to the
11 operation of facilities.
12 (3) Advise the Inspector General as to the content of
13 training activities authorized under this Section.
14 (4) Recommend policies concerning methods for
15 improving the intergovernmental relationships between the
16 Office of the Inspector General and other State or federal
17 offices.
18 (v) Annual report. The Inspector General shall provide to
19the General Assembly and the Governor, no later than January 1
20of each year, a summary of reports and investigations made
21under this Act for the prior fiscal year with respect to
22individuals receiving mental health or developmental
23disabilities services. The report shall detail the imposition
24of sanctions, if any, and the final disposition of any
25corrective or administrative action directed by the Secretary.
26The summaries shall not contain any confidential or

HB1735- 79 -LRB102 03913 AWJ 13928 b
1identifying information of any individual, but shall include
2objective data identifying any trends in the number of
3reported allegations, the timeliness of the Office of the
4Inspector General's investigations, and their disposition, for
5each facility and Department-wide, for the most recent 3-year
6time period. The report shall also identify, by facility, the
7staff-to-patient ratios taking account of direct care staff
8only. The report shall also include detailed recommended
9administrative actions and matters for consideration by the
10General Assembly.
11 (w) Program audit. The Auditor General shall conduct a
12program audit of the Office of the Inspector General on an
13as-needed basis, as determined by the Auditor General. The
14audit shall specifically include the Inspector General's
15compliance with the Act and effectiveness in investigating
16reports of allegations occurring in any facility or agency.
17The Auditor General shall conduct the program audit according
18to the provisions of the Illinois State Auditing Act and shall
19report its findings to the General Assembly no later than
20January 1 following the audit period.
21 (x) Nothing in this Section shall be construed to mean
22that an individual is a victim of abuse or neglect because of
23health care services appropriately provided or not provided by
24health care professionals.
25 (y) Nothing in this Section shall require a facility,
26including its employees, agents, medical staff members, and

HB1735- 80 -LRB102 03913 AWJ 13928 b
1health care professionals, to provide a service to an
2individual in contravention of that individual's stated or
3implied objection to the provision of that service on the
4ground that that service conflicts with the individual's
5religious beliefs or practices, nor shall the failure to
6provide a service to an individual be considered abuse under
7this Section if the individual has objected to the provision
8of that service based on his or her religious beliefs or
9practices.
10(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
11100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
128-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
13 Section 45. The Department of Public Health Powers and
14Duties Law of the Civil Administrative Code of Illinois is
15amended by changing Sections 2310-236 and 2310-335 as follows:
16 (20 ILCS 2310/2310-236)
17 Sec. 2310-236. Form of medical examiner's coroner's
18report; sudden unexpected infant death and sudden infant death
19syndrome.
20 (a) The Department shall develop and require the use of a
21form by medical examiners coroners in the case of a death of an
22infant in which the cause of death is sudden unexpected infant
23death or sudden infant death syndrome. The form shall contain,
24at minimum, the following information to be recorded after a

HB1735- 81 -LRB102 03913 AWJ 13928 b
1preliminary investigation:
2 (1) The date and time of death.
3 (2) The county of occurrence and the county of the
4 infant's residence.
5 (3) Relevant demographic details regarding the infant,
6 such as date of birth and gender.
7 (4) Relevant demographic details regarding the parents
8 or caretaker of the infant.
9 (5) Relevant details regarding the circumstances of
10 the death, including, but not limited to, who found the
11 infant, where, and what they did.
12 (6) Relevant details concerning where the infant was
13 placed, by whom, and in what position.
14 (7) Any additional relevant details concerning the
15 sleep environment that the infant was placed in and what
16 environmental factors were present, to the extent that
17 those factors are ascertainable.
18 (8) Relevant details concerning health hazards present
19 in the sleep environment, to the extent that those health
20 hazards are ascertainable.
21 (9) Relevant details concerning the infant's medical
22 history and previous medical issues.
23 (10) Other information the Department may determine to
24 be relevant and conducive to understanding and recording
25 the circumstances of the infant's death.
26 (b) The Department shall publish current information

HB1735- 82 -LRB102 03913 AWJ 13928 b
1concerning sudden unexpected infant death and sudden infant
2death syndrome.
3 (c) At least once every 5 years, the Department shall
4review the form and determine whether updates need to be made
5for effectiveness and relevancy.
6(Source: P.A. 101-338, eff. 1-1-20.)
7 (20 ILCS 2310/2310-335) (was 20 ILCS 2310/55.43)
8 Sec. 2310-335. Alzheimer's disease; exchange of
9information; autopsies.
10 (a) The Department shall establish policies, procedures,
11standards, and criteria for the collection, maintenance, and
12exchange of confidential personal and medical information
13necessary for the identification and evaluation of victims of
14Alzheimer's disease and related disorders and for the conduct
15of consultation, referral, and treatment through personal
16physicians, primary Alzheimer's centers, and regional
17Alzheimer's assistance centers provided for in the Alzheimer's
18Disease Assistance Act. These requirements shall include
19procedures for obtaining the necessary consent of a patient or
20guardian to the disclosure and exchange of that information
21among providers of services within an Alzheimer's disease
22assistance network and for the maintenance of the information
23in a centralized medical information system administered by a
24regional Alzheimer's center. Nothing in this Section requires
25disclosure or exchange of information pertaining to

HB1735- 83 -LRB102 03913 AWJ 13928 b
1confidential communications between patients and therapists or
2disclosure or exchange of information contained within a
3therapist's personal notes.
4 (b) Any person identified as a victim of Alzheimer's
5disease or a related disorder under the Alzheimer's Disease
6Assistance Act shall be provided information regarding the
7critical role that autopsies play in the diagnosis and in the
8conduct of research into the cause and cure of Alzheimer's
9disease and related disorders. The person, or the spouse or
10guardian of the person, shall be encouraged to consent to an
11autopsy upon the person's death.
12 The Department shall provide information to medical
13examiners and coroners in this State regarding the importance
14of autopsies in the diagnosis and in the conduct of research
15into the causes and cure of Alzheimer's disease and related
16disorders. The Department shall also arrange for education and
17training programs that will enable medical examiners and
18coroners to conduct autopsies necessary for a proper diagnosis
19of Alzheimer's disease or related disorders as the cause or a
20contributing factor to a death.
21(Source: P.A. 91-239, eff. 1-1-00.)
22 Section 50. The Department of State Police Law of the
23Civil Administrative Code of Illinois is amended by changing
24Sections 2605-40 and 2605-380 as follows:

HB1735- 84 -LRB102 03913 AWJ 13928 b
1 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
2 Sec. 2605-40. Division of Forensic Services. The Division
3of Forensic Services shall exercise the following functions:
4 (1) (Blank).
5 (2) Exercise the rights, powers, and duties vested by
6 law in the Department by Section 2605-300 of this Law.
7 (3) Provide assistance to local law enforcement
8 agencies through training, management, and consultant
9 services.
10 (4) (Blank).
11 (5) Exercise other duties that may be assigned by the
12 Director in order to fulfill the responsibilities and
13 achieve the purposes of the Department.
14 (6) Establish and operate a forensic science
15 laboratory system, including a forensic toxicological
16 laboratory service, for the purpose of testing specimens
17 submitted by medical examiners coroners and other law
18 enforcement officers in their efforts to determine whether
19 alcohol, drugs, or poisonous or other toxic substances
20 have been involved in deaths, accidents, or illness.
21 Forensic toxicological laboratories shall be established
22 in Springfield, Chicago, and elsewhere in the State as
23 needed.
24 (6.5) Establish administrative rules in order to set
25 forth standardized requirements for the disclosure of
26 toxicology results and other relevant documents related to

HB1735- 85 -LRB102 03913 AWJ 13928 b
1 a toxicological analysis. These administrative rules are
2 to be adopted to produce uniform and sufficient
3 information to allow a proper, well-informed determination
4 of the admissibility of toxicology evidence and to ensure
5 that this evidence is presented competently. These
6 administrative rules are designed to provide a minimum
7 standard for compliance of toxicology evidence and is not
8 intended to limit the production and discovery of material
9 information. These administrative rules shall be submitted
10 by the Department of State Police into the rulemaking
11 process under the Illinois Administrative Procedure Act on
12 or before June 30, 2017.
13 (7) Subject to specific appropriations made for these
14 purposes, establish and coordinate a system for providing
15 accurate and expedited forensic science and other
16 investigative and laboratory services to local law
17 enforcement agencies and local State's Attorneys in aid of
18 the investigation and trial of capital cases.
19(Source: P.A. 101-378, eff. 1-1-20.)
20 (20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
21 Sec. 2605-380. Dental records. The Department shall do the
22following:
23 (1) Coordinate State participation in a national
24 central repository for dental records of missing persons
25 and unidentified dead bodies.

HB1735- 86 -LRB102 03913 AWJ 13928 b
1 (2) Receive and file dental records submitted by
2 county medical examiners and coroners from unidentified
3 dead bodies and submitted by law enforcement agencies from
4 persons reported missing for more than 30 days.
5 (3) Provide information from the file on possible
6 identifications resulting from the comparison of dental
7 records submitted with those records on file, to county
8 medical examiners, coroners, and law enforcement agencies.
9 (4) Expunge the dental records of those missing
10 persons who are found, and expunge from the file the
11 dental records of missing persons who are positively
12 identified as a result of comparisons made with this file
13 or the files maintained by other states, territories,
14 insular possessions of the United States, or the United
15 States.
16(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
17 Section 55. The Criminal Identification Act is amended by
18changing Sections 9 and 9.5 as follows:
19 (20 ILCS 2630/9) (from Ch. 38, par. 206-9)
20 Sec. 9. (a) Every county medical examiner and coroner
21shall, in every death investigation where the identity of a
22dead body cannot be determined by visual means, fingerprints,
23or other identifying data, have a qualified dentist, as
24determined by the county medical examiner or coroner, conduct

HB1735- 87 -LRB102 03913 AWJ 13928 b
1a dental examination of the dead body. If the county medical
2examiner or coroner, with the aid of the dental examination
3and other identifiers, is still unable to establish the
4identity of the dead body, the medical examiner or coroner
5shall forthwith submit the dental records to the Department.
6 (b) If a person reported missing has not been found within
730 days, the law enforcement agency to whom the person was
8reported missing shall, within the next 5 days, make all
9necessary efforts to locate and request from the family or
10next of kin of the missing person written consent to contact
11and receive from the dentist of the missing person that
12person's dental records and shall forthwith make every
13reasonable effort to acquire such records. Within 5 days of
14the receipt of the missing person's dental records, the law
15enforcement agency shall submit such records to the
16Department.
17 (c) The Department shall be the State central repository
18for all dental records submitted pursuant to this Section. The
19Department may promulgate rules for the form and manner of
20submission of dental records, reporting of the location or
21identification of persons for whom dental records have been
22submitted and other procedures for program operations.
23 (d) When a person who has been reported missing is located
24and that person's dental records have been submitted to the
25Department, the law enforcement agency which submitted that
26person's dental records to the Department shall report that

HB1735- 88 -LRB102 03913 AWJ 13928 b
1fact to the Department and the Department shall expunge the
2dental records of that person from the Department's file. The
3Department shall also expunge from its files the dental
4records of those dead and missing persons who are positively
5identified as a result of comparisons made with its files, the
6files maintained by other states, territories, insular
7possessions of the United States, or the United States.
8(Source: P.A. 84-255.)
9 (20 ILCS 2630/9.5)
10 Sec. 9.5. Material for DNA fingerprint analysis. Every
11county medical examiner and coroner shall provide to the
12Department a sample of dried blood and buccal specimens
13(tissue may be submitted if no uncontaminated blood or buccal
14specimens can be obtained) from a dead body for DNA
15fingerprint analysis if the Department notifies the medical
16examiner or coroner that the Department has determined that
17providing that sample may be useful for law enforcement
18purposes in a criminal investigation. In addition, if a local
19law enforcement agency notifies a county medical examiner or
20coroner that such a sample would be useful in a criminal
21examination, the county medical examiner or coroner shall
22provide a sample to the local law enforcement agency for
23submission to the Department.
24(Source: P.A. 95-500, eff. 1-1-08.)

HB1735- 89 -LRB102 03913 AWJ 13928 b
1 Section 60. The Human Skeletal Remains Protection Act is
2amended by changing Section 3 as follows:
3 (20 ILCS 3440/3) (from Ch. 127, par. 2663)
4 Sec. 3. Any person who discovers human skeletal remains
5subject to this Act shall promptly notify the medical examiner
6coroner. Any person who knowingly fails to report such a
7discovery within 48 hours is guilty of a Class C misdemeanor,
8unless such person has reasonable cause to believe that the
9medical examiner coroner had already been so notified. If the
10human skeletal remains appear to be from an unregistered
11grave, the medical examiner coroner shall promptly notify the
12Department of Natural Resources prior to their removal.
13Nothing in this Act shall be construed to apply to human
14skeletal remains subject to Division 3-3 of the Counties Code
15"An Act to revise the law in relation to coroners".
16(Source: P.A. 100-695, eff. 8-3-18.)
17 Section 65. The Retailers' Occupation Tax Act is amended
18by changing Section 5d as follows:
19 (35 ILCS 120/5d) (from Ch. 120, par. 444d)
20 Sec. 5d. The Department is not required to furnish any
21bond nor to make a deposit for or pay any costs or fees of any
22court or officer thereof in any judicial proceedings under
23this Act. Whenever a certified copy of a judgment or order for

HB1735- 90 -LRB102 03913 AWJ 13928 b
1attachment, issued from any court for the enforcement or
2collection of any liability created by this Act, is levied by
3any sheriff or medical examiner coroner upon any personal
4property, and such property is claimed by any person other
5than the judgment debtor or the defendant in the attachment,
6or is claimed by the judgment debtor or defendant in the
7attachment as exempt from enforcement of a judgment thereon by
8virtue of the exemption laws of this State, then the person
9making such claim shall give notice in writing of his or her
10claim and of his or her intention to prosecute the claim, to
11the sheriff or medical examiner coroner within 10 days after
12the making of the levy. On receiving such notice, the sheriff
13or medical examiner coroner shall proceed in accordance with
14Part 2 of Article XII of the Code of Civil Procedure, as
15amended. The giving of such notice within the 10 day period is
16a condition precedent to any judicial action against the
17sheriff or medical examiner coroner for wrongfully levying,
18seizing or selling the property and any such person who fails
19to give such notice within that time is barred from bringing
20any judicial action against such sheriff or medical examiner
21coroner for injury or damages to or conversion of the
22property.
23(Source: P.A. 83-1362.)
24 Section 70. The Property Tax Code is amended by changing
25Sections 19-55, 21-355, 21-385, 22-15, and 22-20 as follows:

HB1735- 91 -LRB102 03913 AWJ 13928 b
1 (35 ILCS 200/19-55)
2 Sec. 19-55. Sureties on collector's bonds. No chairman of
3the county board, clerk of the circuit court, county clerk,
4sheriff, deputy sheriff or medical examiner coroner shall be
5permitted to be a surety on the bond of a county, township or
6deputy collector or county treasurer.
7(Source: Laws 1965, p. 631; P.A. 88-455.)
8 (35 ILCS 200/21-355)
9 Sec. 21-355. Amount of redemption. Any person desiring to
10redeem shall deposit an amount specified in this Section with
11the county clerk of the county in which the property is
12situated, in legal money of the United States, or by cashier's
13check, certified check, post office money order or money order
14issued by a financial institution insured by an agency or
15instrumentality of the United States, payable to the county
16clerk of the proper county. The deposit shall be deemed timely
17only if actually received in person at the county clerk's
18office prior to the close of business as defined in Section
193-2007 of the Counties Code on or before the expiration of the
20period of redemption or by United States mail with a post
21office cancellation mark dated not less than one day prior to
22the expiration of the period of redemption. The deposit shall
23be in an amount equal to the total of the following:
24 (a) the certificate amount, which shall include all

HB1735- 92 -LRB102 03913 AWJ 13928 b
1 tax principal, special assessments, interest and penalties
2 paid by the tax purchaser together with costs and fees of
3 sale and fees paid under Sections 21-295 and 21-315
4 through 21-335;
5 (b) the accrued penalty, computed through the date of
6 redemption as a percentage of the certificate amount, as
7 follows:
8 (1) if the redemption occurs on or before the
9 expiration of 6 months from the date of sale, the
10 certificate amount times the penalty bid at sale;
11 (2) if the redemption occurs after 6 months from
12 the date of sale, and on or before the expiration of 12
13 months from the date of sale, the certificate amount
14 times 2 times the penalty bid at sale;
15 (3) if the redemption occurs after 12 months from
16 the date of sale and on or before the expiration of 18
17 months from the date of sale, the certificate amount
18 times 3 times the penalty bid at sale;
19 (4) if the redemption occurs after 18 months from
20 the date of sale and on or before the expiration of 24
21 months from the date of sale, the certificate amount
22 times 4 times the penalty bid at sale;
23 (5) if the redemption occurs after 24 months from
24 the date of sale and on or before the expiration of 30
25 months from the date of sale, the certificate amount
26 times 5 times the penalty bid at sale;

HB1735- 93 -LRB102 03913 AWJ 13928 b
1 (6) if the redemption occurs after 30 months from
2 the date of sale and on or before the expiration of 36
3 months from the date of sale, the certificate amount
4 times 6 times the penalty bid at sale.
5 In the event that the property to be redeemed has
6 been purchased under Section 21-405, the penalty bid
7 shall be 12% per penalty period as set forth in
8 subparagraphs (1) through (6) of this subsection (b).
9 The changes to this subdivision (b)(6) made by this
10 amendatory Act of the 91st General Assembly are not a
11 new enactment, but declaratory of existing law.
12 (c) The total of all taxes, special assessments,
13 accrued interest on those taxes and special assessments
14 and costs charged in connection with the payment of those
15 taxes or special assessments, which have been paid by the
16 tax certificate holder on or after the date those taxes or
17 special assessments became delinquent together with 12%
18 penalty on each amount so paid for each year or portion
19 thereof intervening between the date of that payment and
20 the date of redemption. In counties with less than
21 3,000,000 inhabitants, however, a tax certificate holder
22 may not pay all or part of an installment of a subsequent
23 tax or special assessment for any year, nor shall any
24 tender of such a payment be accepted, until after the
25 second or final installment of the subsequent tax or
26 special assessment has become delinquent or until after

HB1735- 94 -LRB102 03913 AWJ 13928 b
1 the holder of the certificate of purchase has filed a
2 petition for a tax deed under Section 22.30. The person
3 redeeming shall also pay the amount of interest charged on
4 the subsequent tax or special assessment and paid as a
5 penalty by the tax certificate holder. This amendatory Act
6 of 1995 applies to tax years beginning with the 1995
7 taxes, payable in 1996, and thereafter.
8 (d) Any amount paid to redeem a forfeiture occurring
9 subsequent to the tax sale together with 12% penalty
10 thereon for each year or portion thereof intervening
11 between the date of the forfeiture redemption and the date
12 of redemption from the sale.
13 (e) Any amount paid by the certificate holder for
14 redemption of a subsequently occurring tax sale.
15 (f) All fees paid to the county clerk under Section
16 22-5.
17 (g) All fees paid to the registrar of titles incident
18 to registering the tax certificate in compliance with the
19 Registered Titles (Torrens) Act.
20 (h) All fees paid to the circuit clerk and the
21 sheriff, a licensed or registered private detective, or
22 the medical examiner coroner in connection with the filing
23 of the petition for tax deed and service of notices under
24 Sections 22-15 through 22-30 and 22-40 in addition to (1)
25 a fee of $35 if a petition for tax deed has been filed,
26 which fee shall be posted to the tax judgement, sale,

HB1735- 95 -LRB102 03913 AWJ 13928 b
1 redemption, and forfeiture record, to be paid to the
2 purchaser or his or her assignee; (2) a fee of $4 if a
3 notice under Section 22-5 has been filed, which fee shall
4 be posted to the tax judgment, sale, redemption, and
5 forfeiture record, to be paid to the purchaser or his or
6 her assignee; (3) all costs paid to record a lis pendens
7 notice in connection with filing a petition under this
8 Code; and (4) if a petition for tax deed has been filed,
9 all fees up to $150 per redemption paid to a registered or
10 licensed title insurance company or title insurance agent
11 for a title search to identify all owners, parties
12 interested, and occupants of the property, to be paid to
13 the purchaser or his or her assignee. The fees in (1) and
14 (2) of this paragraph (h) shall be exempt from the posting
15 requirements of Section 21-360. The costs incurred in
16 causing notices to be served by a licensed or registered
17 private detective under Section 22-15, may not exceed the
18 amount that the sheriff would be authorized by law to
19 charge if those notices had been served by the sheriff.
20 (i) All fees paid for publication of notice of the tax
21 sale in accordance with Section 22-20.
22 (j) All sums paid to any county, city, village or
23 incorporated town for reimbursement under Section 22-35.
24 (k) All costs and expenses of receivership under
25 Section 21-410, to the extent that these costs and
26 expenses exceed any income from the property in question,

HB1735- 96 -LRB102 03913 AWJ 13928 b
1 if the costs and expenditures have been approved by the
2 court appointing the receiver and a certified copy of the
3 order or approval is filed and posted by the certificate
4 holder with the county clerk. Only actual costs expended
5 may be posted on the tax judgment, sale, redemption and
6 forfeiture record.
7(Source: P.A. 98-1162, eff. 6-1-15.)
8 (35 ILCS 200/21-385)
9 Sec. 21-385. Extension of period of redemption. The
10purchaser or his or her assignee of property sold for
11nonpayment of general taxes or special assessments may extend
12the period of redemption at any time before the expiration of
13the original period of redemption, or thereafter prior to the
14expiration of any extended period of redemption, for a period
15which will expire not later than 3 years from the date of sale,
16by filing with the county clerk of the county in which the
17property is located a written notice to that effect describing
18the property, stating the date of the sale and specifying the
19extended period of redemption. Upon receiving the notice, the
20county clerk shall stamp the date of receipt upon the notice.
21If the notice is submitted as an electronic record, the county
22clerk shall acknowledge receipt of the record and shall
23provide confirmation in the same manner to the certificate
24holder. The confirmation from the county clerk shall include
25the date of receipt and shall serve as proof that the notice

HB1735- 97 -LRB102 03913 AWJ 13928 b
1was filed with the county clerk. The county clerk shall not be
2required to extend the period of redemption unless the
3purchaser or his or her assignee obtains this acknowledgement
4of delivery. If prior to the expiration of the period of
5redemption or extended period of redemption a petition for tax
6deed has been filed under Section 22-30, upon application of
7the petitioner, the court shall allow the purchaser or his or
8her assignee to extend the period of redemption after
9expiration of the original period or any extended period of
10redemption, provided that any extension allowed will expire
11not later than 3 years from the date of sale, unless the
12certificate has been assigned to the county collector by order
13of the court which ordered the property sold, in which case the
14period of redemption shall be extended for such period as may
15be designated by the holder of the certificate, such period
16not to exceed 36 months from the date of the assignment to the
17collector. If the period of redemption is extended, the
18purchaser or his or her assignee must give the notices
19provided for in Section 22-10 at the specified times prior to
20the expiration of the extended period of redemption by causing
21a sheriff (or if he or she is disqualified, a medical examiner
22coroner) of the county in which the property, or any part
23thereof, is located to serve the notices as provided in
24Sections 22-15 and 22-20. The notices may also be served as
25provided in Sections 22-15 and 22-20 by a special process
26server appointed by the court under Section 22-15.

HB1735- 98 -LRB102 03913 AWJ 13928 b
1(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;
2101-81, eff. 7-12-19.)
3 (35 ILCS 200/22-15)
4 Sec. 22-15. Service of notice. The purchaser or his or her
5assignee shall give the notice required by Section 22-10 by
6causing it to be published in a newspaper as set forth in
7Section 22-20. In addition, the notice shall be served by a
8sheriff (or if he or she is disqualified, by a medical examiner
9coroner) of the county in which the property, or any part
10thereof, is located or, except in Cook County, by a person who
11is licensed or registered as a private detective under the
12Private Detective, Private Alarm, Private Security,
13Fingerprint Vendor, and Locksmith Act of 2004 upon owners who
14reside on any part of the property sold by leaving a copy of
15the notice with those owners personally.
16 In counties of 3,000,000 or more inhabitants where a
17taxing district is a petitioner for tax deed pursuant to
18Section 21-90, in lieu of service by the sheriff or medical
19examiner coroner the notice may be served by a special process
20server appointed by the circuit court as provided in this
21Section. The taxing district may move prior to filing one or
22more petitions for tax deed for appointment of such a special
23process server. The court, upon being satisfied that the
24person named in the motion is at least 18 years of age and is
25capable of serving notice as required under this Code, shall

HB1735- 99 -LRB102 03913 AWJ 13928 b
1enter an order appointing such person as a special process
2server for a period of one year. The appointment may be renewed
3for successive periods of one year each by motion and order,
4and a copy of the original and any subsequent order shall be
5filed in each tax deed case in which a notice is served by the
6appointed person. Delivery of the notice to and service of the
7notice by the special process server shall have the same force
8and effect as its delivery to and service by the sheriff or
9medical examiner coroner.
10 The same form of notice shall also be served, in the manner
11set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
122-211 of the Code of Civil Procedure, upon all other owners and
13parties interested in the property, if upon diligent inquiry
14they can be found in the county, and upon the occupants of the
15property.
16 If the property sold has more than 4 dwellings or other
17rental units, and has a managing agent or party who collects
18rents, that person shall be deemed the occupant and shall be
19served with notice instead of the occupants of the individual
20units. If the property has no dwellings or rental units, but
21economic or recreational activities are carried on therein,
22the person directing such activities shall be deemed the
23occupant. Holders of rights of entry and possibilities of
24reverter shall not be deemed parties interested in the
25property.
26 When a party interested in the property is a trustee,

HB1735- 100 -LRB102 03913 AWJ 13928 b
1notice served upon the trustee shall be deemed to have been
2served upon any beneficiary or note holder thereunder unless
3the holder of the note is disclosed of record.
4 When a judgment is a lien upon the property sold, the
5holder of the lien shall be served with notice if the name of
6the judgment debtor as shown in the transcript, certified copy
7or memorandum of judgment filed of record is identical, as to
8given name and surname, with the name of the party interested
9as it appears of record.
10 If any owner or party interested, upon diligent inquiry
11and effort, cannot be found or served with notice in the county
12as provided in this Section, and the person in actual
13occupancy and possession is tenant to, or in possession under
14the owners or the parties interested in the property, then
15service of notice upon the tenant, occupant or person in
16possession shall be deemed service upon the owners or parties
17interested.
18 If any owner or party interested, upon diligent inquiry
19and effort cannot be found or served with notice in the county,
20then the person making the service shall cause a copy of the
21notice to be sent by registered or certified mail, return
22receipt requested, to that party at his or her residence, if
23ascertainable.
24 The changes to this Section made by Public Act 95-477
25apply only to matters in which a petition for tax deed is filed
26on or after June 1, 2008 (the effective date of Public Act

HB1735- 101 -LRB102 03913 AWJ 13928 b
195-477).
2(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
395-876, eff. 8-21-08.)
4 (35 ILCS 200/22-20)
5 Sec. 22-20. Proof of service of notice; publication of
6notice. The sheriff or medical examiner coroner serving notice
7under Section 22-15 shall endorse his or her return thereon
8and file it with the Clerk of the Circuit Court and it shall be
9a part of the court record. A private detective or a special
10process server appointed under Section 22-15 shall make his or
11her return by affidavit and shall file it with the Clerk of the
12Circuit Court, where it shall be a part of the court record. If
13a sheriff, private detective, special process server, or
14medical examiner coroner to whom any notice is delivered for
15service, neglects or refuses to make the return, the purchaser
16or his or her assignee may petition the court to enter a rule
17requiring the sheriff, private detective, special process
18server, or medical examiner coroner to make return of the
19notice on a day to be fixed by the court, or to show cause on
20that day why he or she should not be attached for contempt of
21the court. The purchaser or assignee shall cause a written
22notice of the rule to be served upon the sheriff, private
23detective, special process server, or medical examiner
24coroner. If good and sufficient cause to excuse the sheriff,
25private detective, special process server, or medical examiner

HB1735- 102 -LRB102 03913 AWJ 13928 b
1coroner is not shown, the court shall adjudge him or her guilty
2of a contempt, and shall proceed to punish him as in other
3cases of contempt.
4 If the property is located in a municipality in a county
5with less than 3,000,000 inhabitants, the purchaser or his or
6her assignee shall also publish a notice as to the owner or
7party interested, in some newspaper published in the
8municipality. If the property is not in a municipality in a
9county with less than 3,000,000 inhabitants, or if no
10newspaper is published therein, or if the property is in a
11county with 3,000,000 or more inhabitants, the notice shall be
12published in some newspaper in the county. If no newspaper is
13published in the county, then the notice shall be published in
14the newspaper that is published nearest the county seat of the
15county in which the property is located. If the owners and
16parties interested in the property upon diligent inquiry are
17unknown to the purchaser or his or her assignee, the
18publication as to such owner or party interested, may be made
19to unknown owners or parties interested. Any notice by
20publication given under this Section shall be given 3 times at
21any time after filing a petition for tax deed, but not less
22than 3 months nor more than 6 months prior to the expiration of
23the period of redemption. The publication shall contain (a)
24notice of the filing of the petition for tax deed, (b) the date
25on which the petitioner intends to make application for an
26order on the petition that a tax deed issue, (c) a description

HB1735- 103 -LRB102 03913 AWJ 13928 b
1of the property, (d) the date upon which the property was sold,
2(e) the taxes or special assessments for which it was sold and
3(f) the date on which the period of redemption will expire. The
4publication shall not include more than one property listed
5and sold in one description, except as provided in Section
621-90, and except that when more than one property is owned by
7one person, all of the parcels owned by that person may be
8included in one notice.
9 The changes to this Section made by Public Act 95-477
10apply only to matters in which a petition for tax deed is filed
11on or after June 1, 2008 (the effective date of Public Act
1295-477).
13(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
1495-876, eff. 8-21-08.)
15 Section 75. The Mobile Home Local Services Tax Enforcement
16Act is amended by changing Sections 300, 330, 375, and 380 as
17follows:
18 (35 ILCS 516/300)
19 Sec. 300. Amount of redemption. Any person desiring to
20redeem shall deposit an amount specified in this Section with
21the county clerk of the county in which the mobile home is
22situated, in legal money of the United States, or by cashier's
23check, certified check, post office money order or money
24order, issued by a financial institution insured by an agency

HB1735- 104 -LRB102 03913 AWJ 13928 b
1or instrumentality of the United States, payable to the county
2clerk of the proper county. The deposit shall be deemed timely
3only if actually received in person at the county clerk's
4office prior to the close of business as defined in Section
53-2007 of the Counties Code on or before the expiration of the
6period of redemption or by United States mail with a post
7office cancellation mark dated not less than one day prior to
8the expiration of the period of redemption. The deposit shall
9be in an amount equal to the total of the following:
10 (a) the certificate amount, which shall include all
11 tax principal, interest, and penalties paid by the tax
12 purchaser together with costs and fees of sale and fees
13 paid under Sections 235 and 260 through 280;
14 (b) the accrued penalty, computed through the date of
15 redemption as a percentage of the certificate amount, as
16 follows:
17 (1) if the redemption occurs on or before the
18 expiration of 6 months from the date of sale, the
19 certificate amount times the penalty bid at sale;
20 (2) if the redemption occurs after 6 months from
21 the date of sale, and on or before the expiration of 12
22 months from the date of sale, the certificate amount
23 times 2 times the penalty bid at sale;
24 (3) if the redemption occurs after 12 months from
25 the date of sale and on or before the expiration of 18
26 months from the date of sale, the certificate amount

HB1735- 105 -LRB102 03913 AWJ 13928 b
1 times 3 times the penalty bid at sale;
2 (4) if the redemption occurs after 18 months from
3 the date of sale and on or before the expiration of 24
4 months from the date of sale, the certificate amount
5 times 4 times the penalty bid at sale;
6 (5) if the redemption occurs after 24 months from
7 the date of sale and on or before the expiration of 30
8 months from the date of sale, the certificate amount
9 times 5 times the penalty bid at sale;
10 (6) if the redemption occurs after 30 months from
11 the date of sale and on or before the expiration of 36
12 months from the date of sale, the certificate amount
13 times 6 times the penalty bid at sale.
14 (c) The total of all taxes, accrued interest on those
15 taxes, and costs charged in connection with the payment of
16 those taxes, which have been paid by the tax certificate
17 holder on or after the date those taxes became delinquent
18 together with 12% penalty on each amount so paid for each
19 year or portion thereof intervening between the date of
20 that payment and the date of redemption. In counties with
21 less than 3,000,000 inhabitants, however, a tax
22 certificate holder may not pay the subsequent tax for any
23 year, nor shall any tender of such a payment be accepted,
24 until the subsequent tax has become delinquent or until
25 after the holder of the certificate of purchase has filed
26 a petition for a tax certificate of title under Section

HB1735- 106 -LRB102 03913 AWJ 13928 b
1 390. The person redeeming shall also pay the amount of
2 interest charged on the subsequent tax and paid as a
3 penalty by the tax certificate holder.
4 (d) Any amount paid to redeem a forfeiture occurring
5 subsequent to the tax sale together with 12% penalty
6 thereon for each year or portion thereof intervening
7 between the date of the forfeiture redemption and the date
8 of redemption from the sale.
9 (e) Any amount paid by the certificate holder for
10 redemption of a subsequently occurring tax sale.
11 (f) All fees paid to the county clerk under Section
12 22-5.
13 (g) All fees paid to the circuit clerk and the sheriff
14 or medical examiner coroner in connection with the filing
15 of the petition for tax certificate of title and service
16 of notices under Sections 375 through 390 and 400 in
17 addition to (1) a fee of $35 if a petition for tax
18 certificate of title has been filed, which fee shall be
19 posted to the tax judgement, sale, redemption, and
20 forfeiture record, to be paid to the purchaser or his or
21 her assignee; (2) a fee of $4 if a notice under Section 365
22 has been filed, which fee shall be posted to the tax
23 judgment, sale, redemption, and forfeiture record, to be
24 paid to the purchaser or his or her assignee; and (3) all
25 costs paid to record a lis pendens notice in connection
26 with filing a petition under this Act. The fees in (1) and

HB1735- 107 -LRB102 03913 AWJ 13928 b
1 (2) of this paragraph (g) shall be exempt from the posting
2 requirements of Section 305.
3 (h) All fees paid for publication of notice of the tax
4 sale in accordance with Section 380.
5 (i) All sums paid to any city, village or incorporated
6 town for reimbursement under Section 395.
7 (j) All costs and expenses of receivership under
8 Section 350, to the extent that these costs and expenses
9 exceed any income from the mobile home in question, if the
10 costs and expenditures have been approved by the court
11 appointing the receiver and a certified copy of the order
12 or approval is filed and posted by the certificate holder
13 with the county clerk. Only actual costs expended may be
14 posted on the tax judgment, sale, redemption and
15 forfeiture record.
16(Source: P.A. 92-807, eff. 1-1-03.)
17 (35 ILCS 516/330)
18 Sec. 330. Extension of period of redemption. The purchaser
19or his or her assignee of a mobile home sold for nonpayment of
20taxes may extend the period of redemption at any time before
21the expiration of the original period of redemption, or
22thereafter prior to the expiration of any extended period of
23redemption, for a period which will expire not later than 3
24years from the date of sale, by filing with the county clerk of
25the county in which the mobile home is located a written notice

HB1735- 108 -LRB102 03913 AWJ 13928 b
1to that effect describing the mobile home, stating the date of
2the sale and specifying the extended period of redemption. If
3prior to the expiration of the period of redemption or
4extended period of redemption a petition for tax certificate
5of title has been filed under Section 390, upon application of
6the petitioner, the court shall allow the purchaser or his or
7her assignee to extend the period of redemption after
8expiration of the original period or any extended period of
9redemption, provided that any extension allowed will expire
10not later than 3 years from the date of sale. If the period of
11redemption is extended, the purchaser or his or her assignee
12must give the notices provided for in Section 370 at the
13specified times prior to the expiration of the extended period
14of redemption by causing a sheriff (or if he or she is
15disqualified, a medical examiner coroner) of the county in
16which the mobile home, or any part thereof, is located to serve
17the notices as provided in Sections 375 and 380. The notices
18may also be served as provided in Sections 375 and 380 by a
19special process server.
20(Source: P.A. 92-807, eff. 1-1-03.)
21 (35 ILCS 516/375)
22 Sec. 375. Service of notice. The purchaser or his or her
23assignee shall give the notice required by Section 370 by
24causing it to be published in a newspaper as set forth in
25Section 380. In addition, the notice shall be served by a

HB1735- 109 -LRB102 03913 AWJ 13928 b
1process server or sheriff (or if he or she is disqualified, by
2a medical examiner coroner) of the county in which the mobile
3home is located upon owners who reside in the mobile home sold
4by leaving a copy of the notice with those owners personally.
5 The same form of notice shall also be served upon all other
6owners and parties interested in the mobile home, if upon
7diligent inquiry they can be found in the county, and upon the
8occupants of the mobile home in the following manner:
9 (a) as to individuals, by (1) leaving a copy of the
10 notice with the person personally or (2) by leaving a copy
11 at his or her usual place of residence with a person of the
12 family, of the age of 13 years or more, and informing that
13 person of its contents. The person making the service
14 shall cause a copy of the notice to be sent by registered
15 or certified mail, return receipt requested, to that party
16 at his or her usual place of residence;
17 (b) as to public and private corporations, municipal,
18 governmental and quasi-municipal corporations,
19 partnerships, receivers and trustees of corporations, by
20 leaving a copy of the notice with the person designated by
21 the Civil Practice Law.
22 When a party interested in the mobile home is a trustee,
23notice served upon the trustee shall be deemed to have been
24served upon any beneficiary or note holder thereunder unless
25the holder of the note is disclosed of record.
26 When a judgment is a lien upon the mobile home sold, the

HB1735- 110 -LRB102 03913 AWJ 13928 b
1holder of the lien shall be served with notice if the name of
2the judgment debtor as shown in the transcript, certified copy
3or memorandum of judgment filed of record is identical, as to
4given name and surname, with the name of the party interested
5as it appears of record.
6 If any owner or party interested, upon diligent inquiry
7and effort, cannot be found or served with notice in the county
8as provided in this Section, and the person in actual
9occupancy and possession is tenant to, or in possession under
10the owners or the parties interested in the mobile home, then
11service of notice upon the tenant, occupant or person in
12possession shall be deemed service upon the owners or parties
13interested.
14 If any owner or party interested, upon diligent inquiry
15and effort cannot be found or served with notice in the county,
16then the person making the service shall cause a copy of the
17notice to be sent by registered or certified mail, return
18receipt requested, to that party at his or her residence, if
19ascertainable.
20(Source: P.A. 92-807, eff. 1-1-03.)
21 (35 ILCS 516/380)
22 Sec. 380. Proof of service of notice; publication of
23notice. The sheriff or medical examiner coroner serving notice
24under Section 375 shall endorse his or her return thereon and
25file it with the clerk of the circuit court and it shall be a

HB1735- 111 -LRB102 03913 AWJ 13928 b
1part of the court record. A special process server appointed
2under Section 375 shall make his or her return by affidavit and
3shall file it with the clerk of the circuit court, where it
4shall be a part of the court record. If a sheriff, special
5process server, or medical examiner coroner to whom any notice
6is delivered for service, neglects or refuses to make the
7return, the purchaser or his or her assignee may petition the
8court to enter a rule requiring the sheriff, special process
9server, or medical examiner coroner to make return of the
10notice on a day to be fixed by the court, or to show cause on
11that day why he or she should not be attached for contempt of
12the court. The purchaser or assignee shall cause a written
13notice of the rule to be served upon the sheriff, special
14process server, or medical examiner coroner. If good and
15sufficient cause to excuse the sheriff, special process
16server, or medical examiner coroner is not shown, the court
17shall adjudge him or her guilty of contempt, and shall proceed
18to punish him as in other cases of contempt.
19 If the mobile home is located in a municipality in a county
20with less than 3,000,000 inhabitants, the purchaser or his or
21her assignee shall also publish a notice as to the owner or
22party interested, in some newspaper published in the
23municipality. If the mobile home is not in a municipality in a
24county with less than 3,000,000 inhabitants, or if no
25newspaper is published therein, the notice shall be published
26in some newspaper in the county. If no newspaper is published

HB1735- 112 -LRB102 03913 AWJ 13928 b
1in the county, then the notice shall be published in the
2newspaper that is published nearest the county seat of the
3county in which the mobile home is located. If the owners and
4parties interested in the mobile home upon diligent inquiry
5are unknown to the purchaser or his or her assignee, the
6publication as to such owner or party interested, may be made
7to unknown owners or parties interested. Any notice by
8publication given under this Section shall be given 3 times at
9any time after filing a petition for tax certificate of title,
10but not less than 3 months nor more than 5 months prior to the
11expiration of the period of redemption. The publication shall
12contain (a) notice of the filing of the petition for tax
13certificate of title, (b) the date on which the petitioner
14intends to make application for an order on the petition that a
15tax certificate of title issue, (c) a description of the
16mobile home, (d) the date upon which the mobile home was sold,
17(e) the taxes for which it was sold and (f) the date on which
18the period of redemption will expire. The publication shall
19not include more than one mobile home listed and sold in one
20description, except as provided in Section 35, and except that
21when more than one mobile home is owned by one person, all of
22the mobile homes owned by that person may be included in one
23notice.
24(Source: P.A. 92-807, eff. 1-1-03.)
25 Section 80. The Illinois Pension Code is amended by

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1changing Section 7-145.1 as follows:
2 (40 ILCS 5/7-145.1)
3 Sec. 7-145.1. Alternative annuity for county officers.
4 (a) The benefits provided in this Section and Section
57-145.2 are available only if, prior to the effective date of
6this amendatory Act of the 97th General Assembly, the county
7board has filed with the Board of the Fund a resolution or
8ordinance expressly consenting to the availability of these
9benefits for its elected county officers. The county board's
10consent is irrevocable with respect to persons participating
11in the program, but may be revoked at any time with respect to
12persons who have not paid an additional optional contribution
13under this Section before the date of revocation.
14 An elected county officer may elect to establish
15alternative credits for an alternative annuity by electing in
16writing before the effective date of this amendatory Act of
17the 97th General Assembly to make additional optional
18contributions in accordance with this Section and procedures
19established by the board. These alternative credits are
20available only for periods of service as an elected county
21officer. The elected county officer may discontinue making the
22additional optional contributions by notifying the Fund in
23writing in accordance with this Section and procedures
24established by the board.
25 Additional optional contributions for the alternative

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1annuity shall be as follows:
2 (1) For service as an elected county officer after the
3 option is elected, an additional contribution of 3% of
4 salary shall be contributed to the Fund on the same basis
5 and under the same conditions as contributions required
6 under Section 7-173.
7 (2) For service as an elected county officer before
8 the option is elected, an additional contribution of 3% of
9 the salary for the applicable period of service, plus
10 interest at the effective rate from the date of service to
11 the date of payment, plus any additional amount required
12 by the county board under paragraph (3). All payments for
13 past service must be paid in full before credit is given.
14 Payment must be received by the Board while the member is
15 an active participant, except that one payment will be
16 permitted after termination of participation.
17 (3) With respect to service as an elected county
18 officer before the option is elected, if payment is made
19 after the county board has filed with the Board of the Fund
20 a resolution or ordinance requiring an additional
21 contribution under this paragraph, then the contribution
22 required under paragraph (2) shall include an amount to be
23 determined by the Fund, equal to the actuarial present
24 value of the additional employer cost that would otherwise
25 result from the alternative credits being established for
26 that service. A county board's resolution or ordinance

HB1735- 115 -LRB102 03913 AWJ 13928 b
1 requiring additional contributions under this paragraph
2 (3) is irrevocable. Payment must be received by the Board
3 while the member is an active participant, except that one
4 payment will be permitted after termination of
5 participation.
6 No additional optional contributions may be made for any
7period of service for which credit has been previously
8forfeited by acceptance of a refund, unless the refund is
9repaid in full with interest at the effective rate from the
10date of refund to the date of repayment.
11 (b) In lieu of the retirement annuity otherwise payable
12under this Article, an elected county officer who (1) has
13elected to participate in the Fund and make additional
14optional contributions in accordance with this Section, (2)
15has held and made additional optional contributions with
16respect to the same elected county office for at least 8 years,
17and (3) has attained age 55 with at least 8 years of service
18credit (or has attained age 50 with at least 20 years of
19service as a sheriff's law enforcement employee) may elect to
20have his retirement annuity computed as follows: 3% of the
21participant's salary for each of the first 8 years of service
22credit, plus 4% of that salary for each of the next 4 years of
23service credit, plus 5% of that salary for each year of service
24credit in excess of 12 years, subject to a maximum of 80% of
25that salary.
26 This formula applies only to service in an elected county

HB1735- 116 -LRB102 03913 AWJ 13928 b
1office that the officer held for at least 8 years, and only to
2service for which additional optional contributions have been
3paid under this Section. If an elected county officer
4qualifies to have this formula applied to service in more than
5one elected county office, the qualifying service shall be
6accumulated for purposes of determining the applicable accrual
7percentages, but the salary used for each office shall be the
8separate salary calculated for that office, as defined in
9subsection (g).
10 To the extent that the elected county officer has service
11credit that does not qualify for this formula, his retirement
12annuity will first be determined in accordance with this
13formula with respect to the service to which this formula
14applies, and then in accordance with the remaining Sections of
15this Article with respect to the service to which this formula
16does not apply.
17 (c) In lieu of the disability benefits otherwise payable
18under this Article, an elected county officer who (1) has
19elected to participate in the Fund, and (2) has become
20permanently disabled and as a consequence is unable to perform
21the duties of his office, and (3) was making optional
22contributions in accordance with this Section at the time the
23disability was incurred, may elect to receive a disability
24annuity calculated in accordance with the formula in
25subsection (b). For the purposes of this subsection, an
26elected county officer shall be considered permanently

HB1735- 117 -LRB102 03913 AWJ 13928 b
1disabled only if: (i) disability occurs while in service as an
2elected county officer and is of such a nature as to prevent
3him from reasonably performing the duties of his office at the
4time; and (ii) the board has received a written certification
5by at least 2 licensed physicians appointed by it stating that
6the officer is disabled and that the disability is likely to be
7permanent.
8 (d) Refunds of additional optional contributions shall be
9made on the same basis and under the same conditions as
10provided under Section 7-166, 7-167 and 7-168. Interest shall
11be credited at the effective rate on the same basis and under
12the same conditions as for other contributions.
13 If an elected county officer fails to hold that same
14elected county office for at least 8 years, he or she shall be
15entitled after leaving office to receive a refund of the
16additional optional contributions made with respect to that
17office, plus interest at the effective rate.
18 (e) The plan of optional alternative benefits and
19contributions shall be available to persons who are elected
20county officers and active contributors to the Fund on or
21after November 15, 1994 and elected to establish alternative
22credit before the effective date of this amendatory Act of the
2397th General Assembly. A person who was an elected county
24officer and an active contributor to the Fund on November 15,
251994 but is no longer an active contributor may apply to make
26additional optional contributions under this Section at any

HB1735- 118 -LRB102 03913 AWJ 13928 b
1time within 90 days after the effective date of this
2amendatory Act of 1997; if the person is an annuitant, the
3resulting increase in annuity shall begin to accrue on the
4first day of the month following the month in which the
5required payment is received by the Fund.
6 (f) For the purposes of this Section and Section 7-145.2,
7the terms "elected county officer" and "elected county office"
8include, but are not limited to: (1) the county clerk,
9recorder, treasurer, coroner, assessor (if elected), auditor,
10sheriff, and State's Attorney; members of the county board;
11and the clerk of the circuit court; and (2) a person who has
12been appointed to fill a vacancy in an office that is normally
13filled by election on a countywide basis, for the duration of
14his or her service in that office. The terms "elected county
15officer" and "elected county office" do not include any
16officer or office of a county that has not consented to the
17availability of benefits under this Section and Section
187-145.2.
19 (g) For the purposes of this Section and Section 7-145.2,
20the term "salary" means the final rate of earnings for the
21elected county office held, calculated in a manner consistent
22with Section 7-116, but for that office only. If an elected
23county officer qualifies to have the formula in subsection (b)
24applied to service in more than one elected county office, a
25separate salary shall be calculated and applied with respect
26to each such office.

HB1735- 119 -LRB102 03913 AWJ 13928 b
1 (h) The changes to this Section made by this amendatory
2Act of the 91st General Assembly apply to persons who first
3make an additional optional contribution under this Section on
4or after the effective date of this amendatory Act.
5 (i) Any elected county officer who was entitled to receive
6a stipend from the State on or after July 1, 2009 and on or
7before June 30, 2010 may establish earnings credit for the
8amount of stipend not received, if the elected county official
9applies in writing to the fund within 6 months after the
10effective date of this amendatory Act of the 96th General
11Assembly and pays to the fund an amount equal to (i) employee
12contributions on the amount of stipend not received, (ii)
13employer contributions determined by the Board equal to the
14employer's normal cost of the benefit on the amount of stipend
15not received, plus (iii) interest on items (i) and (ii) at the
16actuarially assumed rate.
17(Source: P.A. 100-148, eff. 8-18-17.)
18 Section 85. The Illinois Police Training Act is amended by
19changing Section 10.11 as follows:
20 (50 ILCS 705/10.11)
21 Sec. 10.11. Training; death and homicide investigation.
22The Illinois Law Enforcement Training and Standards Board
23shall conduct or approve a training program in death and
24homicide investigation for the training of law enforcement

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1officers of local government agencies. Only law enforcement
2officers who successfully complete the training program may be
3assigned as lead investigators in death and homicide
4investigations. Satisfactory completion of the training
5program shall be evidenced by a certificate issued to the law
6enforcement officer by the Illinois Law Enforcement Training
7and Standards Board.
8 The Illinois Law Enforcement Training and Standards Board
9shall develop a process for waiver applications sent by a
10local law enforcement agency administrator for those officers
11whose prior training and experience as homicide investigators
12may qualify them for a waiver. The Board may issue a waiver at
13its discretion, based solely on the prior training and
14experience of an officer as a homicide investigator. This
15Section does not affect or impede the powers of the office of
16the medical examiner coroner to investigate all deaths as
17provided in Division 3-3 of the Counties Code and the Medical
18Examiner Coroner Training Board Act.
19(Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
20 Section 90. The Law Enforcement Camera Grant Act is
21amended by changing Section 15 as follows:
22 (50 ILCS 707/15)
23 Sec. 15. Rules; in-car video camera grants.
24 (a) The Board shall develop model rules for the use of

HB1735- 121 -LRB102 03913 AWJ 13928 b
1in-car video cameras to be adopted by law enforcement agencies
2that receive grants under Section 10 of this Act. The rules
3shall include all of the following requirements:
4 (1) Cameras must be installed in the law enforcement
5 agency vehicles.
6 (2) Video recording must provide audio of the officer
7 when the officer is outside of the vehicle.
8 (3) Camera access must be restricted to the
9 supervisors of the officer in the vehicle.
10 (4) Cameras must be turned on continuously throughout
11 the officer's shift.
12 (5) A copy of the video record must be made available
13 upon request to personnel of the law enforcement agency,
14 the local State's Attorney, and any persons depicted in
15 the video. Procedures for distribution of the video record
16 must include safeguards to protect the identities of
17 individuals who are not a party to the requested stop.
18 (6) Law enforcement agencies that receive moneys under
19 this grant shall provide for storage of the video records
20 for a period of not less than 2 years.
21 (b) Each law enforcement agency receiving a grant for
22in-car video cameras under Section 10 of this Act must provide
23an annual report to the Board, the Governor, and the General
24Assembly on or before May 1 of the year following the receipt
25of the grant and by each May 1 thereafter during the period of
26the grant. The report shall include the following:

HB1735- 122 -LRB102 03913 AWJ 13928 b
1 (1) the number of cameras received by the law
2 enforcement agency;
3 (2) the number of cameras actually installed in law
4 enforcement agency vehicles;
5 (3) a brief description of the review process used by
6 supervisors within the law enforcement agency;
7 (4) a list of any criminal, traffic, ordinance, and
8 civil cases in which in-car video recordings were used,
9 including party names, case numbers, offenses charged, and
10 disposition of the matter. Proceedings to which this
11 paragraph (4) applies include, but are not limited to,
12 court proceedings, medical examiner's coroner's inquests,
13 grand jury proceedings, and plea bargains; and
14 (5) any other information relevant to the
15 administration of the program.
16(Source: P.A. 99-352, eff. 1-1-16.)
17 Section 95. The Missing Persons Identification Act is
18amended by changing Sections 15, 20, and 25 as follows:
19 (50 ILCS 722/15)
20 Sec. 15. Reporting of unidentified persons and human
21remains.
22 (a) Handling of death scene investigations.
23 (1) The Department of State Police shall provide
24 information to local law enforcement agencies about best

HB1735- 123 -LRB102 03913 AWJ 13928 b
1 practices for handling death scene investigations.
2 (2) The Department of State Police shall identify any
3 publications or training opportunities that may be
4 available to local law enforcement agencies or law
5 enforcement officers and coroners and medical examiners
6 concerning the handling of death scene investigations.
7 (b) Law enforcement reports.
8 (1) Before performing any death scene investigation
9 deemed appropriate under the circumstances, the official
10 with custody of the human remains shall ensure that the
11 coroner or medical examiner of the county in which the
12 deceased was found has been notified.
13 (2) Any coroner or medical examiner with custody of
14 human remains that are not identified within 24 hours of
15 discovery shall promptly notify the Department of State
16 Police of the location of those remains.
17 (3) If the coroner or medical examiner with custody of
18 remains cannot determine whether or not the remains found
19 are human, the coroner or medical examiner shall notify
20 the Department of State Police of the existence of
21 possible human remains.
22(Source: P.A. 95-192, eff. 8-16-07.)
23 (50 ILCS 722/20)
24 Sec. 20. Unidentified persons or human remains
25identification responsibilities.

HB1735- 124 -LRB102 03913 AWJ 13928 b
1 (a) In this Section, "assisting law enforcement agency"
2means a law enforcement agency with jurisdiction acting under
3the request and direction of the medical examiner or coroner
4to assist with human remains identification.
5 (a-5) If the official with custody of the human remains is
6not a coroner or medical examiner, the official shall
7immediately notify the coroner or medical examiner of the
8county in which the remains were found. The coroner or medical
9examiner shall go to the scene and take charge of the remains.
10 (b) Notwithstanding any other action deemed appropriate
11for the handling of the human remains, the assisting law
12enforcement agency or , medical examiner, or coroner shall make
13reasonable attempts to promptly identify human remains. This
14does not include historic or prehistoric skeletal remains.
15These actions shall include, but are not limited to, obtaining
16the following when possible:
17 (1) photographs of the human remains (prior to an
18 autopsy);
19 (2) dental and skeletal X-rays;
20 (3) photographs of items found on or with the human
21 remains;
22 (4) fingerprints from the remains;
23 (5) tissue samples suitable for DNA analysis;
24 (6) (blank); and
25 (7) any other information that may support
26 identification efforts.

HB1735- 125 -LRB102 03913 AWJ 13928 b
1 (c) No medical examiner or coroner or any other person
2shall dispose of, or engage in actions that will materially
3affect the unidentified human remains before the assisting law
4enforcement agency or , medical examiner, or coroner obtains
5items essential for human identification efforts listed in
6subsection (b) of this Section.
7 (d) Cremation of unidentified human remains is prohibited.
8 (e) (Blank).
9 (f) The assisting law enforcement agency or , medical
10examiner, or coroner shall seek support from appropriate State
11and federal agencies, including National Missing and
12Unidentified Persons System resources to facilitate prompt
13identification of human remains. This support may include, but
14is not limited to, fingerprint comparison; forensic
15odontology; nuclear or mitochondrial DNA analysis, or both;
16and forensic anthropology.
17 (f-5) Fingerprints from the unidentified remains,
18including partial prints, shall be submitted to the Department
19of State Police or other resource for the purpose of
20attempting to identify the deceased. The coroner or medical
21examiner shall cause a dental examination to be performed by a
22forensic odontologist for the purpose of dental charting,
23comparison to missing person records, or both. Tissue samples
24collected for DNA analysis shall be submitted within 30 days
25of the recovery of the remains to a National Missing and
26Unidentified Persons System partner laboratory or other

HB1735- 126 -LRB102 03913 AWJ 13928 b
1resource where DNA profiles are entered into the National DNA
2Index System upon completion of testing. Forensic
3anthropological analysis of the remains shall also be
4considered.
5 (g) (Blank).
6 (g-2) The medical examiner or coroner shall report the
7unidentified human remains and the location where the remains
8were found to the Department of State Police within 24 hours of
9discovery as mandated by Section 15 of this Act. The assisting
10law enforcement agency or , medical examiner, or coroner shall
11contact the Department of State Police to request the creation
12of a National Crime Information Center Unidentified Person
13record within 5 days of the discovery of the remains. The
14assisting law enforcement agency or , medical examiner, or
15coroner shall provide the Department of State Police all
16information required for National Crime Information Center
17entry. Upon notification, the Department of State Police shall
18create the Unidentified Person record without unnecessary
19delay.
20 (g-5) The assisting law enforcement agency or , medical
21examiner, or coroner shall obtain a National Crime Information
22Center number from the Department of State Police to verify
23entry and maintain this number within the unidentified human
24remains case file. A National Crime Information Center
25Unidentified Person record shall remain on file indefinitely
26or until action is taken by the originating agency to clear or

HB1735- 127 -LRB102 03913 AWJ 13928 b
1cancel the record. The assisting law enforcement agency or ,
2medical examiner, or coroner shall notify the Department of
3State Police of necessary record modifications or cancellation
4if identification is made.
5 (h) (Blank).
6 (h-5) The assisting law enforcement agency or , medical
7examiner, or coroner shall create an unidentified person
8record in the National Missing and Unidentified Persons System
9prior to the submission of samples or within 30 days of the
10discovery of the remains, if no identification has been made.
11The entry shall include all available case information
12including fingerprint data and dental charts. Samples shall be
13submitted to a National Missing and Unidentified Persons
14System partner laboratory for DNA analysis within 30 Days. A
15notation of DNA submission shall be made within the National
16Missing and Unidentified Persons System Unidentified Person
17record.
18 (i) Nothing in this Act shall be interpreted to preclude
19any assisting law enforcement agency, medical examiner,
20coroner, or the Department of State Police from pursuing other
21efforts to identify human remains including efforts to
22publicize information, descriptions, or photographs related to
23the investigation.
24 (j) For historic or prehistoric human skeletal remains
25determined by an anthropologist to be older than 100 years,
26jurisdiction shall be transferred to the Department of Natural

HB1735- 128 -LRB102 03913 AWJ 13928 b
1Resources for further investigation under the Archaeological
2and Paleontological Resources Protection Act.
3(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
4 (50 ILCS 722/25)
5 Sec. 25. Unidentified persons. The coroner or medical
6examiner shall obtain a DNA sample from any individual whose
7remains are not identifiable. The DNA sample shall be
8forwarded to a National Missing and Unidentified Persons
9System partner laboratory or other resource for analysis and
10inclusion in the National DNA Index System.
11 Prior to the burial or interment of any unknown
12individual's remains or any unknown individual's body part,
13the medical examiner or coroner in possession of the remains
14or body part must assign a DNA log number to the unknown
15individual or body part. The medical examiner or coroner shall
16place a tag that is stamped or inscribed with the DNA log
17number on the individual or body part. The DNA log number shall
18be stamped on the unidentified individual's toe tag, if
19possible.
20(Source: P.A. 100-901, eff. 1-1-19.)
21 Section 100. The Counties Code is amended by changing
22Sections 1-4009, 3-3001, 3-3003, 3-3004, 3-3007, 3-3008,
233-3009, 3-3010, 3-3012, 3-3013, 3-3014, 3-3015, 3-3016.5,
243-3017, 3-3018, 3-3019, 3-3020, 3-3021, 3-3022, 3-3024,

HB1735- 129 -LRB102 03913 AWJ 13928 b
13-3025, 3-3026, 3-3027, 3-3028, 3-3029, 3-3031, 3-3032,
23-3033, 3-3034, 3-3035, 3-3036, 3-3037, 3-3038, 3-3040,
33-3041, 3-3042, 3-3043, 3-3045, 3-14002, 4-6001, 4-6002,
44-7001, 4-11002, 5-1085.5, and 5-1106, by changing the
5headings of Division 3-3 of Article 3 and Division 4-7 of
6Article 4, and by adding Sections 3-3000, 3-3002.5, 3-3013.3,
73-3013.5, and 3-3046 as follows:
8 (55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009)
9 Sec. 1-4009. Medical examiner Coroner. The medical
10examiner coroner of the petitioning county shall perform all
11the duties required of him by law within the territory that had
12constituted the petitioning county before the proclamation
13aforesaid, until his term of office shall expire, and shall
14receive the compensation to which he may be entitled by law,
15and whatever fees or compensation may be payable by law out of
16the county treasury, shall be certified and paid by the county
17board of the adjoining county to such medical examiner
18coroner, out of taxes collected from property in the territory
19that had constituted the petitioning county.
20(Source: P.A. 86-962.)
21 (55 ILCS 5/Div. 3-3 heading)
22
Division 3-3. Medical Examiner Coroner
23 (55 ILCS 5/3-3000 new)

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1 Sec. 3-3000. Appointment of medical examiners; medical
2examiner qualifications; discontinuance of the office of
3coroner; references to coroner.
4 (a) On or before September 1, 2021, each county board and
5board of county commissioners shall appoint a medical examiner
6for a term of 4 years beginning December 1, 2021.
7 (b) Medical examiners shall be physicians licensed to
8practice within this State for all counties, and, for counties
9with populations of 250,000 or more, medical examiners shall
10also be board certified in forensic pathology or possess 20 or
11more years of death investigation experience.
12 (c) On December 1, 2021:
13 (1) in each county that has an office of the coroner,
14 the office of the coroner is discontinued, the term of
15 office of the person elected or appointed coroner is
16 terminated, and the office of the medical examiner is
17 created and the powers and duties of the coroner are
18 transferred to the medical examiner;
19 (2) in counties in which another county officer is
20 performing the duties of the coroner, the powers and
21 duties of the coroner (as being performed by the county
22 officer) are transferred to the medical examiner;
23 (3) the personnel of the office of the coroner (if
24 any) shall be transferred to the office of the medical
25 examiner; the status and rights of such employees and the
26 county under any applicable collective bargaining

HB1735- 131 -LRB102 03913 AWJ 13928 b
1 agreements or contracts, or under any pension, retirement,
2 or annuity plan shall not be affected by this amendatory
3 Act of the 102nd General Assembly;
4 (4) all books, records, papers, documents, property
5 (real and personal), contracts, causes of action, and
6 pending business pertaining to the powers, duties, rights,
7 and responsibilities transferred by this amendatory Act of
8 the 102nd General Assembly from the coroner to the medical
9 examiner, including, but not limited to, material in
10 electronic or magnetic format and necessary computer
11 hardware and software, shall be transferred to the medical
12 examiner;
13 (5) all unexpended appropriations and balances and
14 other funds available for use by the office of the coroner
15 shall be transferred for use by the office of the medical
16 examiner; unexpended balances so transferred shall be
17 expended only for the purpose for which the appropriations
18 were originally made;
19 (6) this amendatory Act of the 102nd General Assembly
20 does not affect any act done, ratified, or canceled or any
21 right occurring or established or any action or proceeding
22 had or commenced in an administrative, civil, or criminal
23 cause by the coroner before the effective date of this
24 amendatory Act of the 102nd General Assembly; such actions
25 or proceedings may be continued by the medical examiner;
26 and

HB1735- 132 -LRB102 03913 AWJ 13928 b
1 (7) if a county has an elected or appointed medical
2 examiner whose term is in effect on November 30, 2021, the
3 medical examiner's term is terminated unless the county
4 board or county board of commissioners appoints, under
5 subsection (a), the person serving as medical examiner on
6 November 30, 2021 as the medical examiner under this
7 Section.
8 (d) After appointment of a medical examiner under
9subsection (a), the county board or board of county
10commissioners shall reappoint a medical examiner or appoint a
11new medical examiner in each year in which a medical
12examiner's term expires and the reappointed or appointed
13medical examiner shall enter upon the duties of the office on
14the December 1 next following the medical examiner's
15appointment. Vacancies in an office of medical examiner shall
16be filled as provided in Section 3-3043.
17 (e) Two or more counties, by resolution of the respective
18county board or board of county commissioners, may enter into
19an agreement to appoint: (1) the same person to act as medical
20examiner for those counties; and (2) the same persons to act as
21deputy medical examiners and investigators for those counties.
22A person appointed to act as medical examiner for more than one
23county must meet the requirements of subsection (b) for all
24counties.
25 (f) On and after December 1, 2021, references to "coroner"
26in this Division or in any other provision of law shall mean

HB1735- 133 -LRB102 03913 AWJ 13928 b
1"medical examiner" except where the context requires
2otherwise.
3 (55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)
4 Sec. 3-3001. Commission; training; duties performed by
5other county officer.
6 (a) Every medical examiner coroner shall be commissioned
7by the Governor, but no commission shall issue except upon the
8certificate of the county clerk of the proper county of the due
9election or appointment of the medical examiner coroner and
10that the medical examiner coroner has filed his or her bond and
11taken the oath of office as provided in this Division.
12 (b)(1) Within 30 days of assuming office, a medical
13examiner appointed coroner elected to that office for the
14first time shall apply for admission to the Medical Examiner
15Coroner Training Board medical examiners coroners training
16program. Completion of the training program shall be within 6
17months of application. Any medical examiner coroner may direct
18the chief deputy medical examiner coroner or a deputy medical
19examiner coroner, or both, to attend the training program,
20provided the medical examiner coroner has completed the
21training program. Satisfactory completion of the program shall
22be evidenced by a certificate issued to the medical examiner
23coroner by the Medical Examiner Coroner Training Board. All
24medical examiners coroners shall complete the training program
25at least once while serving as medical examiner coroner.

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1 (2) In developing the medical examiner coroner training
2program, the Medical Examiner Coroner Training Board shall
3consult with the Illinois Coroners and Medical Examiners
4Association or other organization as approved by the Medical
5Examiner Coroner Training Board.
6 (3) The Medical Examiner Coroner Training Board shall
7notify the proper county board of the failure by a medical
8examiner coroner to successfully complete this training
9program.
10 (c) Every medical examiner coroner shall attend at least
1124 hours of accredited continuing education for medical
12examiners coroners in each calendar year.
13 (d) (Blank). In all counties that provide by resolution
14for the elimination of the office of coroner pursuant to a
15referendum, the resolution may also provide, as part of the
16same proposition, that the duties of the coroner be taken over
17by another county officer specified by the resolution and
18proposition.
19(Source: P.A. 99-408, eff. 1-1-16.)
20 (55 ILCS 5/3-3002.5 new)
21 Sec. 3-3002.5. Investigators.
22 (a) The medical examiner may appoint investigators,
23subject to county board or board of county commissioners
24appropriation, to assist the medical examiner in carrying out
25the duties required by this Division. The medical examiner

HB1735- 135 -LRB102 03913 AWJ 13928 b
1shall determine the qualifications of an investigator, taking
2into consideration a person's education, training, or
3experience, and shall be solely responsible for determining
4the duties assigned to the investigator.
5 (b) The medical examiner may designate an investigator
6appointed under subsection (a) to take charge of the body,
7make pertinent investigation, note the circumstances
8surrounding the death, and, if considered necessary, cause the
9body to be transported for examination by the medical
10examiner.
11 (c) The medical examiner shall maintain a list of
12investigators appointed under this Section and their
13qualifications and shall file the list with all law
14enforcement agencies in the county.
15 (d) An investigator appointed under subsection (a) shall
16not:
17 (1) be an agent or employee of a funeral director or
18 funeral establishment;
19 (2) receive, directly or indirectly, remuneration in
20 connection with the disposition of the body; or
21 (3) make funeral or burial arrangements without
22 approval of the next of kin or the individual responsible
23 for the funeral expenses.
24 (55 ILCS 5/3-3003) (from Ch. 34, par. 3-3003)
25 Sec. 3-3003. Office of medical examiner; compensation;

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1elderly and vulnerable adult death review team; removal of
2medical examiner or deputy medical examiner Duties of coroner.
3 (a) The medical examiner is in charge of the office of the
4medical examiner and may adopt rules relative to the conduct
5of the office. The medical examiner may delegate any functions
6of the office to a duly appointed deputy medical examiner.
7 (b) The compensation of a medical examiner shall be fixed
8by the county board or board of county commissioners.
9 (c) The county coroner shall control the internal
10operations of his office. Subject to the applicable county
11appropriation ordinance, the medical examiner coroner shall
12procure necessary equipment, materials, supplies and services
13to perform the duties of the office. Compensation of deputies
14and employees shall be fixed by the medical examiner coroner,
15subject to budgetary limitations established by the county
16board or board of county commissioners. Purchases of equipment
17shall be made in accordance with any ordinance requirements
18for centralized purchasing through another county office or
19through the State which are applicable to all county offices.
20 (d) The medical examiner may establish an elderly and
21vulnerable adult death review team, including developing
22protocols to be used by the elderly and vulnerable adult death
23review team in conducting a review of an elderly or vulnerable
24adult death. If established, one member, except as otherwise
25noted, of each of the following shall be allowed to
26participate on the elderly and vulnerable adult death review

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1team: the medical examiner or deputy medical examiner; a
2physician or other health care professional specializing in
3geriatric medicine; a physician or other health care
4professionals employed by long term care facilities; 2 to 3
5members of relevant State and local law enforcement agencies;
6a member from the State's Attorney's office; and 3 members
7from State departments who are involved with issues regarding
8adult protective services, adult foster care homes, and homes
9for the aged. The elderly and vulnerable adult death review
10team may allow participation by others as designated by the
11team, including, but not limited to, members representing the
12long term care ombudsman program, community mental health, and
13the Department of Healthcare and Family Services who are
14involved with the licensing and regulation of long-term care
15facilities.
16 (e) The county board or board of county commissioners
17shall remove from office, after hearing, a medical examiner
18or, upon request of the medical examiner, a deputy medical
19examiner who fails to discharge properly the duties of the
20medical examiner or deputy medical examiner.
21(Source: P.A. 86-962.)
22 (55 ILCS 5/3-3004) (from Ch. 34, par. 3-3004)
23 Sec. 3-3004. Bond. Before entering upon the duties of his
24or her office, he or she shall give bond, with 2 or more
25sufficient sureties (or, if the county is self-insured, the

HB1735- 138 -LRB102 03913 AWJ 13928 b
1county through its self-insurance program may provide
2bonding), to be approved by the circuit court for each his or
3her county in which the person will serve as medical examiner,
4in the penal sum of $5,000, which shall cover both the medical
5examiner coroner and any deputy medical examiners or
6investigators deputies, payable to the People of the State of
7Illinois, conditioned that each will faithfully discharge all
8the duties required or to be required of him by law as such
9medical examiner coroner, deputy medical examiner,
10investigator, coroner or as sheriff of the county, in case he
11or she shall act as such. The bond shall be entered of record
12in the court and filed in the office of the county clerk of his
13or her county. The costs of the bond shall be paid by the
14county.
15(Source: P.A. 88-387.)
16 (55 ILCS 5/3-3007) (from Ch. 34, par. 3-3007)
17 Sec. 3-3007. Conservator of the peace. Each medical
18examiner coroner shall be conservator of the peace in his
19county, and, in the performance of his duties as such, shall
20have the same powers as the sheriff.
21(Source: P.A. 86-962.)
22 (55 ILCS 5/3-3008) (from Ch. 34, par. 3-3008)
23 Sec. 3-3008. Medical examiner Coroner to act when sheriff
24prejudiced. When it appears from the papers in a case that the

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1sheriff or his deputy is a party thereto, or from affidavit
2filed that he is interested therein, or is of kin, or partial
3to or prejudiced against either party, the summons, execution
4or other process may be directed to the medical examiner
5coroner, who shall perform all the duties in relation thereto,
6and attend to the suit in like manner as if he were sheriff;
7and the interests, consanguinity, partiality or prejudice of
8the sheriff shall not be cause for a change of venue.
9(Source: P.A. 86-962.)
10 (55 ILCS 5/3-3009) (from Ch. 34, par. 3-3009)
11 Sec. 3-3009. Deputy medical examiner's coroner's,
12sheriff's or police officer's performance of medical
13examiner's coroner's duties. If there is no medical examiner
14coroner, or it shall appear in like manner that he or she is
15also a party to or interested in the suit, or of kin, or
16partial to or prejudiced against either party, or the medical
17examiner coroner has an economic or personal interest that
18conflicts with his or her official duties as medical examiner
19coroner, the medical examiner coroner shall disqualify himself
20or herself from acting at an investigation or inquest and
21process shall in like manner issue to the deputy medical
22examiner coroner if designated by the medical examiner coroner
23to fill the vacancy, or, if no designation is made, to any
24sheriff, sheriff's deputy or police officer, in the county,
25who shall perform like duties as required of the medical

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1examiner coroner. The designation shall be in writing and
2filed with the county clerk.
3(Source: P.A. 98-812, eff. 8-1-14.)
4 (55 ILCS 5/3-3010) (from Ch. 34, par. 3-3010)
5 Sec. 3-3010. Deputy sheriff, undersheriff, or medical
6examiner coroner to act when sheriff's office vacant. Where
7the office of the sheriff is vacant, the chief deputy sheriff
8or undersheriff if designated by the sheriff to fill the
9vacancy, or, if no designation is made, the medical examiner
10coroner of the county shall perform all the duties required by
11law to be performed by the sheriff, and have the same powers,
12and be liable to the same penalties and proceedings as if he
13were sheriff, until another sheriff is elected or appointed
14and qualified. The designation shall be in writing and filed
15with the county clerk.
16(Source: P.A. 91-633, eff. 12-1-99.)
17 (55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012)
18 Sec. 3-3012. In-service training expenses. The medical
19examiner county coroner may maintain a special fund, from
20which the county board shall authorize payments by voucher
21between board meetings, to pay necessary travel dues and other
22expenses incurred in attending workshops, educational seminars
23and organizational meetings for the purpose of providing
24in-service training.

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1(Source: P.A. 86-962.)
2 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
3 Sec. 3-3013. Preliminary investigations; blood and urine
4analysis; summoning jury; reports. Every medical examiner or
5deputy medical examiner coroner, whenever, as soon as he or
6she knows or is informed that the dead body of any person is
7found, or lying within his county, whose death is suspected of
8being:
9 (a) A sudden or violent death, whether apparently
10 suicidal, homicidal or accidental, including but not
11 limited to deaths apparently caused or contributed to by
12 thermal, traumatic, chemical, electrical or radiational
13 injury, or a complication of any of them, or by drowning or
14 suffocation, or as a result of domestic violence as
15 defined in the Illinois Domestic Violence Act of 1986;
16 (b) A death due to a sex crime;
17 (c) A death where the circumstances are suspicious,
18 obscure, mysterious or otherwise unexplained or where, in
19 the written opinion of the attending physician, the cause
20 of death is not determined;
21 (d) A death where addiction to alcohol or to any drug
22 may have been a contributory cause; or
23 (e) A death where the decedent was not attended by a
24 licensed physician; or
25 (f) A death of a prisoner in a county or municipal

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1 jail;
2shall go to the place where the dead body is, and take charge
3of the same and shall make a preliminary investigation into
4the circumstances of the death. In the case of death without
5attendance by a licensed physician, the body may be moved with
6the medical examiner's coroner's consent from the place of
7death to a mortuary in the same county. Medical examiners
8Coroners in their discretion shall notify such physician as is
9designated in accordance with Section 3-3014 to attempt to
10ascertain the cause of death, either by autopsy or otherwise.
11If the body of a deceased person has been removed to a private
12mortuary for examination upon the order of the medical
13examiner, the keeper of such mortuary shall be allowed
14compensation, on the order of the medical examiner, for his or
15her services as the medical examiner deems reasonable out of
16the general fund of the county where the body is found.
17 Any expense incurred under the provisions of this Division
18shall be within the appropriations made therefor by the county
19board or board of county commissioners.
20 A medical examiner or deputy medical examiner may secure
21records or documents as he or she deems necessary to complete
22an investigation under this Section in the same manner as
23provided in Section 3-3026.
24 In cases of accidental death involving a motor vehicle in
25which the decedent was (1) the operator or a suspected
26operator of a motor vehicle, or (2) a pedestrian 16 years of

HB1735- 143 -LRB102 03913 AWJ 13928 b
1age or older, the medical examiner coroner shall require that
2a blood specimen of at least 30 cc., and if medically possible
3a urine specimen of at least 30 cc. or as much as possible up
4to 30 cc., be withdrawn from the body of the decedent in a
5timely fashion after the accident causing his death, by such
6physician as has been designated in accordance with Section
73-3014, or by the medical examiner coroner or deputy medical
8examiner coroner or a qualified person designated by such
9physician, medical examiner coroner, or deputy medical
10examiner coroner. If the county does not maintain laboratory
11facilities for making such analysis, the blood and urine so
12drawn shall be sent to the Department of State Police or any
13other accredited or State-certified laboratory for analysis of
14the alcohol, carbon monoxide, and dangerous or narcotic drug
15content of such blood and urine specimens. Each specimen
16submitted shall be accompanied by pertinent information
17concerning the decedent upon a form prescribed by such
18laboratory. Any person drawing blood and urine and any person
19making any examination of the blood and urine under the terms
20of this Division shall be immune from all liability, civil or
21criminal, that might otherwise be incurred or imposed.
22 In all other cases coming within the jurisdiction of the
23medical examiner coroner and referred to in subparagraphs (a)
24through (f) (e) above, blood, and whenever possible, urine
25samples shall be analyzed for the presence of alcohol and
26other drugs. When the medical examiner coroner suspects that

HB1735- 144 -LRB102 03913 AWJ 13928 b
1drugs may have been involved in the death, either directly or
2indirectly, a toxicological examination shall be performed
3which may include analyses of blood, urine, bile, gastric
4contents and other tissues. When the medical examiner coroner
5suspects a death is due to toxic substances, other than drugs,
6the medical examiner coroner shall consult with the
7toxicologist prior to collection of samples. Information
8submitted to the toxicologist shall include information as to
9height, weight, age, sex and race of the decedent as well as
10medical history, medications used by and the manner of death
11of decedent.
12 When the coroner or medical examiner finds that the cause
13of death is due to homicidal means, the coroner or medical
14examiner shall cause blood and buccal specimens (tissue may be
15submitted if no uncontaminated blood or buccal specimen can be
16obtained), whenever possible, to be withdrawn from the body of
17the decedent in a timely fashion. For proper preservation of
18the specimens, collected blood and buccal specimens shall be
19dried and tissue specimens shall be frozen if available
20equipment exists. As soon as possible, but no later than 30
21days after the collection of the specimens, the coroner or
22medical examiner shall release those specimens to the police
23agency responsible for investigating the death. As soon as
24possible, but no later than 30 days after the receipt from the
25coroner or medical examiner, the police agency shall submit
26the specimens using the agency case number to a National DNA

HB1735- 145 -LRB102 03913 AWJ 13928 b
1Index System (NDIS) participating laboratory within this
2State, such as the Illinois Department of State Police,
3Division of Forensic Services, for analysis and categorizing
4into genetic marker groupings. The results of the analysis and
5categorizing into genetic marker groupings shall be provided
6to the Illinois Department of State Police and shall be
7maintained by the Illinois Department of State Police in the
8State central repository in the same manner, and subject to
9the same conditions, as provided in Section 5-4-3 of the
10Unified Code of Corrections. The requirements of this
11paragraph are in addition to any other findings, specimens, or
12information that the coroner or medical examiner is required
13to provide during the conduct of a criminal investigation.
14 In all counties, in cases of apparent suicide, homicide,
15or accidental death or in other cases, within the discretion
16of the medical examiner coroner, the medical examiner coroner
17may summon 8 persons of lawful age from those persons drawn for
18petit jurors in the county. The summons shall command these
19persons to present themselves personally at such a place and
20time as the medical examiner coroner shall determine, and may
21be in any form which the medical examiner coroner shall
22determine and may incorporate any reasonable form of request
23for acknowledgement which the medical examiner coroner deems
24practical and provides a reliable proof of service. The
25summons may be served by first class mail. From the 8 persons
26so summoned, the medical examiner coroner shall select 6 to

HB1735- 146 -LRB102 03913 AWJ 13928 b
1serve as the jury for the inquest. Inquests may be continued
2from time to time, as the medical examiner coroner may deem
3necessary. The 6 jurors selected in a given case may view the
4body of the deceased. If at any continuation of an inquest one
5or more of the original jurors shall be unable to continue to
6serve, the medical examiner coroner shall fill the vacancy or
7vacancies. A juror serving pursuant to this paragraph shall
8receive compensation from the county at the same rate as the
9rate of compensation that is paid to petit or grand jurors in
10the county. The medical examiner coroner shall furnish to each
11juror without fee at the time of his discharge a certificate of
12the number of days in attendance at an inquest, and, upon being
13presented with such certificate, the county treasurer shall
14pay to the juror the sum provided for his services.
15 In counties which have a jury commission, in cases of
16apparent suicide or homicide or of accidental death, the
17medical examiner coroner may conduct an inquest. The jury
18commission shall provide at least 8 jurors to the medical
19examiner coroner, from whom the medical examiner coroner shall
20select any 6 to serve as the jury for the inquest. Inquests may
21be continued from time to time as the medical examiner coroner
22may deem necessary. The 6 jurors originally chosen in a given
23case may view the body of the deceased. If at any continuation
24of an inquest one or more of the 6 jurors originally chosen
25shall be unable to continue to serve, the medical examiner
26coroner shall fill the vacancy or vacancies. At the medical

HB1735- 147 -LRB102 03913 AWJ 13928 b
1examiner's coroner's discretion, additional jurors to fill
2such vacancies shall be supplied by the jury commission. A
3juror serving pursuant to this paragraph in such county shall
4receive compensation from the county at the same rate as the
5rate of compensation that is paid to petit or grand jurors in
6the county.
7 In every case in which a fire is determined to be a
8contributing factor in a death, the medical examiner coroner
9shall report the death to the Office of the State Fire Marshal.
10The medical examiner coroner shall provide a copy of the death
11certificate (i) within 30 days after filing the permanent
12death certificate and (ii) in a manner that is agreed upon by
13the medical examiner coroner and the State Fire Marshal.
14 In every case in which a drug overdose is determined to be
15the cause or a contributing factor in the death, the coroner or
16medical examiner shall report the death to the Department of
17Public Health. The Department of Public Health shall adopt
18rules regarding specific information that must be reported in
19the event of such a death. If possible, the medical examiner
20coroner shall report the cause of the overdose. As used in this
21Section, "overdose" has the same meaning as it does in Section
22414 of the Illinois Controlled Substances Act. The Department
23of Public Health shall issue a semiannual report to the
24General Assembly summarizing the reports received. The
25Department shall also provide on its website a monthly report
26of overdose death figures organized by location, age, and any

HB1735- 148 -LRB102 03913 AWJ 13928 b
1other factors, the Department deems appropriate.
2 In addition, in every case in which domestic violence is
3determined to be a contributing factor in a death, the medical
4examiner coroner shall report the death to the Department of
5State Police.
6 All deaths in State institutions and all deaths of wards
7of the State or youth in care as defined in Section 4d of the
8Children and Family Services Act in private care facilities or
9in programs funded by the Department of Human Services under
10its powers relating to mental health and developmental
11disabilities or alcoholism and substance abuse or funded by
12the Department of Children and Family Services shall be
13reported to the medical examiner coroner of the county in
14which the facility is located. If the medical examiner coroner
15has reason to believe that an investigation is needed to
16determine whether the death was caused by maltreatment or
17negligent care of the ward of the State or youth in care as
18defined in Section 4d of the Children and Family Services Act,
19the medical examiner coroner may conduct a preliminary
20investigation of the circumstances of such death as in cases
21of death under circumstances set forth in paragraphs (a)
22through (f) (e) of this Section.
23 The Department of Public Health may adopt rules for record
24keeping for medical examiner offices where necessary to
25uniformly report on a public health issue, including those
26issues mentioned in this Section.

HB1735- 149 -LRB102 03913 AWJ 13928 b
1 Medical examiners shall keep a record of all persons who
2have viewed a body that is subject to investigation under this
3Division while the investigation is ongoing.
4 As used in this Section:
5 "Hospice care" has the meaning given to that term in
6Section 3 of the Hospice Program Licensing Act.
7 "Licensed physician" means a person licensed under the
8Medical Practice Act of 1987.
9 "Registered nurse" has the meaning given to that term in
10Section 50-10 of the Nurse Practice Act.
11(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
12 (55 ILCS 5/3-3013.3 new)
13 Sec. 3-3013.3. Identification of the body.
14 (a) The medical examiner shall ascertain the identity of
15the decedent and immediately and as compassionately as
16possible notify the next of kin of the decedent's death,
17including the current location of the body. The notification
18described in this subsection is not required if a law
19enforcement agency informs the medical examiner that the
20notification has already occurred.
21 (b) If visual identification of a decedent is impossible
22as a result of burns, decomposition, or other disfiguring
23injuries or if the medical examiner is aware that the death is
24the result of an accident that involved 2 or more individuals
25who were approximately the same age, sex, height, weight, hair

HB1735- 150 -LRB102 03913 AWJ 13928 b
1color, eye color, and race, then the medical examiner shall
2verify the identity of the decedent through fingerprints,
3dental records, DNA, or other definitive identification
4procedures and, if the accident resulted in the survival of
5any individuals with the same attributes, shall notify the
6respective hospital or institution of his or her findings. The
7medical examiner may conduct an autopsy under Section 3-3014
8if he or she determines that an autopsy reasonably appears to
9be required pursuant to law. After the medical examiner, a
10deputy medical examiner, or a person from law enforcement has
11made a diligent effort to locate and notify the next of kin and
12was unsuccessful in notifying the next of kin, the medical
13examiner may order or conduct the autopsy under Section 3-3014
14with or without the consent of the next of kin of the decedent.
15 (c) The medical examiner or a deputy medical examiner
16shall keep a written record of the efforts to locate and notify
17the next of kin for a period of one year from the date of the
18autopsy.
19 (55 ILCS 5/3-3013.5 new)
20 Sec. 3-3013.5. Organ donation. If an investigation of the
21cause and manner of death, regardless of whether the death
22occurred in a hospital or not, is required under this Division
23and the medical examiner or his or her designee has notice that
24the body is of an individual that was a donor or that a gift of
25all or a part of the body has been designated to be made under

HB1735- 151 -LRB102 03913 AWJ 13928 b
1the Illinois Anatomical Gift Act or any other law, the medical
2examiner or his or her designee shall conduct the examination
3of the dead body within a time period that permits organs,
4tissues, and eyes to remain viable for transplant. If the
5medical examiner or his or her designee is unable to conduct
6the investigation within that period of time, a health
7professional or technician who is authorized to remove an
8anatomical gift from a donor may remove the donated organs,
9tissues, or eyes in order to preserve the viability of the
10donated tissues or organs for transplant upon notifying the
11medical examiner or his or her designee. If the medical
12examiner or his or her designee determines that an organ may be
13related to the cause of death, the medical examiner or his or
14her designee may do one or more of the following:
15 (1) request to be present during the removal of the
16 donated organs; or
17 (2) request a biopsy of the donated organs.
18 (55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)
19 Sec. 3-3014. Autopsy to be performed by licensed
20physician; costs; reports. Any medical examination or autopsy
21conducted pursuant to this Division shall be performed by the
22medical examiner or deputy medical examiner or, as directed by
23the medical examiner, a physician duly licensed to practice
24medicine in all of its branches, and wherever possible by one
25having special training in pathology. In Class I counties,

HB1735- 152 -LRB102 03913 AWJ 13928 b
1medical examinations or autopsies (including those performed
2on exhumed bodies) shall be performed by physicians appointed
3or designated by the coroner, and in Class II counties by
4physicians appointed or designated by the Director of Public
5Health upon the recommendation of the advisory board on
6necropsy service to coroners after the board has consulted
7with the elected coroner. Any autopsy performed by the medical
8examiner, deputy medical examiner, or a physician so appointed
9or designated shall be deemed lawful. The cost of all
10autopsies, medical examinations, laboratory fees, if any, and
11travel expenses of the examining physician and the costs of
12exhuming a body under the authority of subsection (c) of
13Section 3-3015 shall be payable from the general fund of the
14county where the body is found. The examining physician shall
15file copies of the reports or results of his or her autopsies
16and medical examinations with the medical examiner coroner and
17also with the Department of Public Health.
18 The medical examiner shall promptly deliver or return the
19body or any portion of the body to relatives or
20representatives of the decedent after an examination or
21autopsy is performed under this Section. If there are no
22relatives or representatives of the decedent that could be
23located and notified by the medical examiner, he or she may
24cause the body to be cremated as provided in 3-3017. A medical
25examiner may retain any portion of the body that he or she
26considers necessary to establish the cause of death, the

HB1735- 153 -LRB102 03913 AWJ 13928 b
1conditions contributing to death, or the manner of death, or
2as evidence of any crime. If a portion of the body retained is
3an entire organ or limb of the decedent, the medical examiner
4shall attempt to verbally or in writing notify the relatives
5or representatives of the decedent of that retention and offer
6an opportunity for the relative or representative to request
7the return of that organ or limb. If notification is verbally
8made under this Section, the medical examiner shall follow up
9with written notification. The medical examiner or a deputy
10medical examiner shall keep a written record of the efforts to
11notify the relatives or representatives of the decedent under
12this paragraph for a period of one year from the date of the
13notification or attempt to notify. Upon determination that
14retention of the portions of the body is no longer necessary
15under this paragraph, the medical examiner shall do all of the
16following, as applicable:
17 (1) If requested in writing under this paragraph,
18 promptly deliver or return the retained organ or limb to
19 the relatives or representatives of the decedent.
20 (2) Dispose of any remaining retained body portions in
21 the manner prescribed for medical waste.
22 A medical examiner or any person acting under the
23authority of the medical examiner who performs the medical
24examiner's duties for the retention of body parts shall not be
25liable in a civil action as a result of an act or omission by
26the person arising out of the person's good faith performance

HB1735- 154 -LRB102 03913 AWJ 13928 b
1of those duties unless that person's act or omission was the
2result of that person's negligence.
3 No coroner may perform any autopsy required or authorized
4by law unless the coroner is a pathologist whose services are
5requested by the coroner of another county.
6(Source: P.A. 86-962; 87-317.)
7 (55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)
8 Sec. 3-3015. Circumstances under which autopsy to be
9performed.
10 (a) Where a death has occurred and the circumstances
11concerning the death are suspicious, obscure, mysterious, or
12otherwise unexplained and in the opinion of the examining
13physician or the medical examiner coroner the cause of death
14cannot be established definitely except by autopsy, and where
15a death has occurred while being pursued, apprehended, or
16taken into custody by or while in the custody of any law
17enforcement agency, it is declared that the public interest
18requires that an autopsy be performed, and it shall be the duty
19and responsibility of the medical examiner coroner to cause an
20autopsy to be performed, including the taking of x-rays and
21the performance of other medical tests as the medical examiner
22coroner deems appropriate.
23 (b) The medical examiner coroner shall instruct involved
24parties that embalming of the body is not to be conducted until
25the toxicology samples are drawn. If a child dies from

HB1735- 155 -LRB102 03913 AWJ 13928 b
1suspicious or unexplained circumstances, the medical examiner
2coroner shall secure the services of a pathologist. The
3Department of Public Health shall provide medical examiners
4coroners and pathologists with a child death autopsy protocol.
5 (c) If the medical examiner coroner determines it
6advisable to exhume a body for the purpose of investigation or
7autopsy or both, and the medical examiner coroner would have
8been authorized under this Section to perform an investigation
9or autopsy on the body before it was interred, the medical
10examiner coroner may exhume the body after consulting on the
11matter with the state's attorney and upon the order of the
12circuit court directing the exhumation upon the petition of
13the state's attorney.
14(Source: P.A. 86-962; 87-317; 87-419; 87-895.)
15 (55 ILCS 5/3-3016.5)
16 Sec. 3-3016.5. Sudden, unexpected death in epilepsy
17(SUDEP).
18 (a) All autopsies conducted in this State shall include an
19inquiry to determine whether the death was a direct result of a
20seizure or epilepsy. If the findings in an autopsy of a medical
21examiner, or examining physician, or coroner are consistent
22with known or suspected sudden, unexpected death in epilepsy
23(SUDEP), then the medical examiner, or examining physician, or
24coroner shall:
25 (1) cause to be indicated on the death certificate

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1 that SUDEP is the cause or suspected cause of death; and
2 (2) forward a copy of the death certificate to the
3 North American SUDEP Registry at the Langone Medical
4 Center at New York University within 30 days.
5 (b) For the purposes of this Section, "sudden, unexpected
6death in epilepsy" refers to a death in a patient previously
7diagnosed with epilepsy that is not due to trauma, drowning,
8status epilepticus, or other known causes, but for which there
9is often evidence of an associated seizure. A finding of
10sudden, unexpected death in epilepsy is definite when clinical
11criteria are met and autopsy reveals no alternative cause of
12death, such as stroke, myocardial infarction, or drug
13intoxication, although there may be evidence of a seizure.
14(Source: P.A. 98-340, eff. 1-1-14; 98-756, eff. 7-16-14.)
15 (55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017)
16 Sec. 3-3017. Cremation. In any death where the remains are
17to be cremated, it shall be the duty of the funeral director or
18person having custody of the dead body to obtain from the
19medical examiner coroner a permit to cremate the body. The
20medical examiner's coroner's permit to cremate shall be
21presented to the local registrar in applying for the Permit
22for Disposition of Dead Human Body provided for in Section 21
23of the Vital Records Act, and the local registrar shall attach
24the medical examiner's coroner's permit to cremate to the
25Permit for Disposition of Dead Human Body which is issued. No

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1crematory shall cremate a dead human body unless a Permit for
2Disposition of Dead Human Body with an attached medical
3examiner's coroner's permit to cremate has been furnished to
4authorize the cremation. Any person knowingly violating the
5provisions of this Section is guilty of a Class A misdemeanor.
6(Source: P.A. 86-962; 86-1028; 87-895.)
7 (55 ILCS 5/3-3018) (from Ch. 34, par. 3-3018)
8 Sec. 3-3018. Death certificates. Every medical examiner
9coroner, as soon as he shall have completed his investigation
10of the cause and circumstances of any death coming within his
11jurisdiction hereunder, shall issue a death certificate on the
12form prescribed by law.
13(Source: P.A. 86-962.)
14 (55 ILCS 5/3-3019) (from Ch. 34, par. 3-3019)
15 Sec. 3-3019. Removal of bodies and property; violation.
16 (a) No dead body which may be subject to the terms of this
17Division, or the personal property of such a deceased person,
18shall be handled, moved, disturbed, embalmed or removed from
19the place of death by any person, except with the permission of
20the medical examiner coroner, unless the same shall be
21necessary to protect such body or property from damage or
22destruction, or unless necessary to protect life, safety, or
23health. Any person knowingly violating the provisions of this
24subsection Section is guilty of a Class A misdemeanor.

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1 (b) In all cases arising under the provisions of this
2Division, in the absence of next of kin of the deceased person,
3the most senior law enforcement officer being concerned with
4the matter, and in the absence of law enforcement, the medical
5examiner or his or her deputy medical examiner, shall take
6possession of all property of value found upon the person of
7the deceased, make an exact inventory report thereof and shall
8deliver the property, unless required as evidence, to the
9person entitled to the custody or possession of the body. If
10the personal property of value is not claimed by the person
11entitled to the custody or possession of the body of the
12decedent within 60 days, the property shall be disposed of
13under Section 3-3033; or, if required as evidence, the
14property, within 60 days after the termination of any
15proceeding or appeal period therefrom, shall be turned over to
16the person entitled to the custody or possession of the body or
17disposed of under Section 3-3033. Nothing in this subsection
18shall affect the powers and duties of a public administrator.
19(Source: P.A. 86-962.)
20 (55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)
21 Sec. 3-3020. Medical examiner Coroner to be notified;
22violation; elderly and vulnerable adult death review team
23notification.
24 (a) Every law enforcement official, funeral director,
25ambulance attendant, hospital director or administrator or

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1person having custody of the body of a deceased person, where
2the death is one subject to investigation under Section
33-3013, and any physician in attendance upon such a decedent
4at the time of his death, shall notify the medical examiner
5coroner promptly. Any such person failing to so notify the
6medical examiner coroner promptly shall be guilty of a Class A
7misdemeanor, unless such person has reasonable cause to
8believe that the medical examiner coroner had already been so
9notified.
10 (b) If a person required to notify the medical examiner
11under subsection (a) has knowledge that there were 2 or more
12individuals involved in the same incident who were
13approximately the same age, sex, height, weight, hair color,
14eye color, and race, then he or she shall make the medical
15examiner or deputy medical examiner aware of that fact and
16whether or not any of those individuals survived that incident
17when notifying the medical examiner or deputy medical examiner
18of the death as required under subsection (a). If any of those
19individuals survived, the medical examiner or deputy medical
20examiner shall also be informed which hospital or institution
21those individuals were taken to and the hospital or
22institution shall also be made aware that the incident
23involved 2 or more individuals with similar attributes.
24 (c) If an elderly and vulnerable adult death review team
25is established under Section 3-3003, a medical examiner or
26deputy medical examiner who receives notice of a death of an

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1elderly or vulnerable adult who died unexpectedly or under
2suspicious circumstances may refer the case to the elderly and
3vulnerable adult death review team. Upon receipt of a referral
4under this subsection, the elderly and vulnerable adult death
5review team shall conduct a review of this matter. Information
6obtained under this subsection by an elderly and vulnerable
7adult death review team is confidential and may be disclosed
8by the elderly and vulnerable adult death review team only to
9the medical examiner, the State's Attorney's office, local law
10enforcement, or another elderly and vulnerable adult death
11review team, as appropriate. The information obtained under
12this subsection by an elderly and vulnerable adult death
13review team is exempt from disclosure under the Freedom of
14Information Act.
15(Source: P.A. 86-962.)
16 (55 ILCS 5/3-3021) (from Ch. 34, par. 3-3021)
17 Sec. 3-3021. Public policy; release of body to next of
18kin. As a guide to the interpretation and application of this
19Division it is declared that the public policy of the State is
20as follows:
21 That as soon as may be consistent with the performance of
22his duties under this Division the medical examiner coroner
23shall release the body of the decedent to the decedent's next
24of kin, personal representative, friends, or to the person
25designated in writing by the decedent or to the funeral

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1director selected by such persons, as the case may be, for
2burial, and none of the duties or powers of medical examiners
3coroners enumerated in this Division shall be construed to
4interfere with or control the right of such persons to the
5custody and burial of the decedent upon completion of the
6medical examiner's coroner's investigation.
7 Nothing herein shall be construed to preclude the medical
8examiner coroner from consulting with the decedent's next of
9kin, personal representative, friends or the person designated
10in writing by the decedent where the decedent was under
11treatment by prayer or spiritual means alone in accordance
12with the tenets and practice of a well recognized church or
13religious denomination in making his preliminary investigation
14under subsection (E) of Section 3-3013, nor shall anything
15herein contained be construed to require an autopsy by reason
16of the sole fact that the decedent was under treatment by
17prayer or spiritual means alone.
18(Source: P.A. 86-962.)
19 (55 ILCS 5/3-3022) (from Ch. 34, par. 3-3022)
20 Sec. 3-3022. Bystanders. If a sufficient number of jurors
21so summoned do not attend, the medical examiner coroner may
22summon others from among the bystanders to make up the jury.
23(Source: P.A. 86-962.)
24 (55 ILCS 5/3-3024) (from Ch. 34, par. 3-3024)

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1 Sec. 3-3024. Oath of jurors. When the jury are assembled,
2the medical examiner coroner shall appoint one of the number
3as foreman, and administer to him an oath or affirmation, in
4the following form, to-wit:
5 You, as foreman to this inquest, do solemnly swear (or
6affirm, as the case may require), that you will diligently
7inquire, and true presentment make, how, and in what manner,
8and by whom or what, the body which lies dead, came to its
9death; and that you will deliver to me, the medical examiner
10coroner of this county, a true inquest thereof, according to
11such evidence as shall be given you, and according to the best
12of your knowledge and belief; so help you God.
13 And to the other jurors, one as follows, to-wit:
14 The same oath which A B, your foreman has just now taken on
15his part, you and each of you do solemnly swear (or affirm, as
16the case may require), to keep on your respective parts; so
17help you God.
18(Source: P.A. 86-962.)
19 (55 ILCS 5/3-3025) (from Ch. 34, par. 3-3025)
20 Sec. 3-3025. Verdict of jury. It shall be the duty of the
21jurors, as sworn aforesaid, to inquire how, in what manner,
22and by whom or what, the said dead body came to its death, and
23of all other facts of and concerning the same, together with
24all material circumstances in anywise related to or connected
25with the said death, and make up and sign a verdict, and

HB1735- 163 -LRB102 03913 AWJ 13928 b
1deliver the same to the medical examiner coroner. As part of
2its verdict, the jury may make recommendations other than for
3criminal prosecutions.
4(Source: P.A. 86-962.)
5 (55 ILCS 5/3-3026) (from Ch. 34, par. 3-3026)
6 Sec. 3-3026. Summoning witnesses; subpoenas. The medical
7examiner coroner shall have power to summon, or cause to be
8summoned, and compel the attendance of all such witnesses
9whose testimony may probably be requisite to the proving of
10any fact or circumstance relating to the object of such his
11inquest, and to administer to such witnesses the proper oath.
12 If the medical examiner coroner is unable to secure
13records or documents he deems necessary to complete the
14investigation required by Section 3-3013, or for the
15establishing or proving of any fact or circumstance relating
16to the object of his inquest, he shall appear before the
17circuit judge of the county for which he is medical examiner
18coroner and, upon good cause shown, said judge shall issue a
19subpoena for the delivery to the medical examiner coroner of
20the documents or records requested.
21(Source: P.A. 86-962.)
22 (55 ILCS 5/3-3027) (from Ch. 34, par. 3-3027)
23 Sec. 3-3027. Notice of inquest. The medical examiner
24coroner shall make a reasonable attempt to notify the family

HB1735- 164 -LRB102 03913 AWJ 13928 b
1of the deceased, and all known eyewitnesses to the death, of
2the date an inquest is to be held. Such notice shall be given
3at least 7 days before the date of the inquest. Such family
4members or eyewitnesses shall, if they request it, be given an
5opportunity to testify at the inquest. For purposes of this
6Section, "family" includes the parents, children, brothers and
7sisters of the deceased.
8(Source: P.A. 86-962.)
9 (55 ILCS 5/3-3028) (from Ch. 34, par. 3-3028)
10 Sec. 3-3028. Recognizance of witness. If the evidence of
11any witness implicates any person as the unlawful slayer of
12the person over whom the inquest is held, the medical examiner
13coroner shall recognize such witness in such sum as he may
14think proper, to be and appear at the Circuit Court for the
15county on a designated day, within 30 days from the date of the
16recognizance, or as soon after such designated day as the
17court is in session, there to give evidence of the matter in
18question, and not depart without leave.
19(Source: P.A. 86-962.)
20 (55 ILCS 5/3-3029) (from Ch. 34, par. 3-3029)
21 Sec. 3-3029. Commitment of witness; returns. If any
22witness shall refuse to enter into such recognizance, it shall
23be the duty of the medical examiner coroner to commit the
24witness so refusing to the common jail of the county, there to

HB1735- 165 -LRB102 03913 AWJ 13928 b
1remain until discharged according to law; and the medical
2examiner coroner shall carefully seal up and return to the
3clerk of the court the verdict of the jury, and the
4recognizances, and it shall be the duty of the clerk to
5carefully file and preserve the same.
6(Source: P.A. 86-962.)
7 (55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031)
8 Sec. 3-3031. Testimony reduced to writing; medical
9examiner's coroner's verdict not admissible in civil suit. The
10medical examiner coroner shall cause the testimony of each
11witness who may be sworn and examined at any inquest to be
12written out and signed by said witness, together with his
13occupation and place of residence, which testimony shall be
14filed with said medical examiner coroner in his office and
15carefully preserved: Provided, the medical examiner coroner
16may cause the testimony of such witnesses to be recorded or
17taken in shorthand minutes and transcribed by a competent
18person, who shall certify that the transcript of the evidence
19so taken and transcribed by him from notes or a recording is a
20true and correct copy of the original minutes taken at said
21inquest and is a true and correct statement of the testimony of
22each of the several witnesses who have testified at said
23inquest. Which said transcript shall be filed and carefully
24preserved in the office of the medical examiner coroner: And,
25provided, further, that whenever the testimony of the several

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1witnesses at such inquest shall have been recorded or taken in
2shorthand minutes and transcribed as above provided for, the
3several witnesses shall not be required to sign such
4transcript or other statement of his testimony. Provided,
5further, that in any suit or proceeding hereafter commenced
6for the recovery of damages arising from or growing out of
7injuries caused by the negligence of any person, firm or
8corporation resulting in the death of any person or for the
9collection of a policy of insurance, neither the medical
10examiner's coroner's verdict returned upon the inquisition as
11provided herein, nor a copy thereof, shall be admissible as
12evidence to prove or establish any of the facts in controversy
13in said civil suit or proceeding.
14(Source: P.A. 86-962.)
15 (55 ILCS 5/3-3032) (from Ch. 34, par. 3-3032)
16 Sec. 3-3032. Inquest record. Every medical examiner
17coroner shall, at the expense of the county, be supplied with
18proper record books wherein he shall enter the name, if known,
19of each person upon whose body an inquest shall be held,
20together with the names of the jurors comprising the jury, the
21names, residences and occupations of the witnesses who are
22sworn and examined, and the verdict of the jury; in case the
23name of the person deceased is not known, the medical examiner
24coroner shall make out a description of said person, and enter
25the same upon the record book to be so kept by him, together

HB1735- 167 -LRB102 03913 AWJ 13928 b
1with all such facts and circumstances attending the death
2which may be known, and which may lead to the identification of
3the person; and shall carefully take an inventory of said
4person's personal effects and property of every kind and
5nature whatever, and state on his records what has been done
6with the same, and where the proceeds of any such property and
7the money and papers, if any, are deposited.
8(Source: P.A. 86-962.)
9 (55 ILCS 5/3-3033) (from Ch. 34, par. 3-3033)
10 Sec. 3-3033. Disposition of property. When any valuable
11personal property, money or papers, are found upon or near the
12body which is the subject of a medical examiner's coroner's
13investigation, inquiry or inquest is , the coroner shall take
14charge of the same and deliver the same to those entitled to
15its care or possession; but if not claimed as provided in
16Section 3-3019, or if the same shall be necessary to defray the
17expenses of the burial, the medical examiner coroner shall,
18after giving 10 days' notice of the time and place of sale,
19sell such property, and after deducting medical examiner's
20coroner's fees and funeral expenses, deposit the proceeds
21thereof, and the money and papers so found, with the county
22treasurer, taking his receipt therefor, there to remain
23subject to the order of the legal representatives of the
24deceased, if claimed within 5 years thereafter, or if not
25claimed within that time, to vest in the county.

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1(Source: P.A. 86-962.)
2 (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
3 Sec. 3-3034. Disposition of body. After the inquest the
4medical examiner coroner may deliver the body or human remains
5of the deceased to the family of the deceased or, if there are
6no family members to accept the body or the remains, then to
7friends of the deceased, if there be any, but if not, the
8medical examiner coroner shall cause the body or the remains
9to be decently buried, cremated, or donated for medical
10science purposes, the expenses to be paid from the property of
11the deceased, if there is sufficient, if not, by the county.
12The medical examiner coroner may not approve the cremation or
13donation of the body if it is necessary to preserve the body
14for law enforcement purposes. If the State Treasurer, pursuant
15to the Revised Uniform Unclaimed Property Act, delivers human
16remains to the medical examiner coroner, the medical examiner
17coroner shall cause the human remains to be disposed of as
18provided in this Section. If the police department of any
19municipality or county investigates abandoned cremated
20remains, determines that they are human remains, and cannot
21locate the owner of the remains, then the police shall deliver
22the remains to the medical examiner coroner, and the medical
23examiner coroner shall cause the remains to be disposed of as
24provided in this Section.
25(Source: P.A. 100-22, eff. 1-1-18.)

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1 (55 ILCS 5/3-3035) (from Ch. 34, par. 3-3035)
2 Sec. 3-3035. Liability of common carrier for burial
3expenses. When any railroad, common carrier, airline or any
4steamboat, barge, propeller or other vessel engaged in whole
5or in part in carrying passengers for hire, brings the dead
6body of any person into this State; or, wherever any person
7dies upon any railroad car, airplane or any such steamboat,
8barge, propeller or other vessel in this State, or any person
9is killed by cars or machinery of any railroad company, or by
10accident thereto, or by accident to or upon any such airplane,
11steamboat, barge, propeller or other vessel, or by accident
12thereto, or when the death occurs in or about any mine, mill or
13manufactory, and such death shall have been caused by the
14wrongful act, neglect or default of any such railroad company,
15common carrier, airline, steamboat, barge, propeller or other
16vessel owner, or of the owner of any mine, mill or manufactory,
17the company or person owning or operating such railroad cars,
18common carrier, airline, machinery, barge, steamboat,
19propeller or other vessel, mine, mill or manufactory, shall be
20liable to pay the expenses of the medical examiner's coroner's
21inquest upon and for the burial of the deceased, and the same
22may be recovered in the name of the county, in any circuit
23court.
24(Source: P.A. 86-962.)

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1 (55 ILCS 5/3-3036) (from Ch. 34, par. 3-3036)
2 Sec. 3-3036. Arrest of slayer based on verdict. If a
3person implicated by the inquest as the unlawful slayer of the
4deceased or an accessory thereto is not in custody therefor,
5the medical examiner coroner acting upon the signed verdict of
6his jury shall, in his capacity as conservator of the peace,
7apprehend such person and immediately bring him before a judge
8of the circuit court of his county to be dealt with according
9to law on a criminal charge preferred on the basis of such
10verdict.
11(Source: P.A. 86-962.)
12 (55 ILCS 5/3-3037) (from Ch. 34, par. 3-3037)
13 Sec. 3-3037. Embalming dead body. No licensed embalmer or
14person shall embalm the dead body of any person with, or inject
15therein, or place thereon any fluid or preparation of any kind
16before obtaining permission from the medical examiner coroner
17where such body is the subject of a medical examiner's
18coroner's inquest. Any person who shall violate the provision
19of this Section commits a business offense and shall be fined
20not exceeding $5,000.
21(Source: P.A. 86-962.)
22 (55 ILCS 5/3-3038) (from Ch. 34, par. 3-3038)
23 Sec. 3-3038. Medical examiner Coroner in military service.
24In case any medical examiner coroner is called into the active

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1military service of the United States, the office of medical
2examiner coroner shall not be deemed to be vacant during the
3time such medical examiner coroner is in the active military
4service of the United States, but the presiding officer of the
5county board of the county, with the advice and consent of the
6county board, shall appoint some competent and qualified
7person to perform and discharge the duties of medical examiner
8coroner in such county during the time such medical examiner
9coroner is in the active military service of the United
10States, and such person shall receive the same compensation as
11provided by law for the medical examiner coroner, apportioned
12as to the time of service, and such appointment and all
13authority thereunder shall cease upon the discharge of such
14medical examiner coroner from the active military service of
15the United States. Such appointee shall give a bond as
16required of regularly appointed medical examiners elected
17coroners.
18(Source: P.A. 86-962.)
19 (55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)
20 Sec. 3-3040. Appointment of deputies. Each medical
21examiner coroner may appoint one or more persons licensed to
22practice medicine in this State as deputy medical examiners
23deputies as the medical examiner coroner, in his or her sole
24discretion, determines necessary and appropriate, subject to
25county board appropriations. The appointment shall be in

HB1735- 172 -LRB102 03913 AWJ 13928 b
1writing and signed by the medical examiner coroner. A deputy
2medical examiner's deputy's compensation shall be determined
3by the county board or board of county commissioners.
4(Source: P.A. 88-281.)
5 (55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041)
6 Sec. 3-3041. Oath of deputies. Each deputy shall, before
7entering upon the duties of his office take and subscribe an
8oath or affirmation, in like form as required of medical
9examiners coroners, which shall be filed in the office of the
10county clerk.
11(Source: P.A. 86-962.)
12 (55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
13 Sec. 3-3042. Duties of deputies. Deputy medical examiners
14coroners, duly appointed and qualified, may perform any and
15all of the duties of the medical examiner coroner in the name
16of the medical examiner coroner, and the acts of such deputies
17shall be held to be acts of the medical examiner coroner.
18(Source: P.A. 91-357, eff. 7-29-99.)
19 (55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043)
20 Sec. 3-3043. Vacancy; appointed coroner. When a permanent
21vacancy in the office of medical examiner coroner occurs and
22the position is an appointed one, the county board or board of
23county commissioners shall fill the vacancy within 60 days

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1from the time the vacancy occurs. If the sheriff of the county
2is selected to perform the duties of the coroner and the
3sheriff agrees to serve in that capacity, the sheriff may be
4compensated for those duties. This compensation shall be in
5addition to all other compensation received as sheriff. Any
6sheriff who is serving as coroner before the effective date of
7this amendatory Act of 1991 must be reappointed in order to
8continue to serve as coroner and to receive additional
9compensation under this Section.
10(Source: P.A. 87-738.)
11 (55 ILCS 5/3-3045)
12 Sec. 3-3045. Disposal of medications. A coroner or medical
13examiner may dispose of any unused medications found at the
14scene of a death the coroner or medical examiner is
15investigating under Section 18 of the Safe Pharmaceutical
16Disposal Act.
17(Source: P.A. 99-648, eff. 1-1-17.)
18 (55 ILCS 5/3-3046 new)
19 Sec. 3-3046. Home rule. A home rule county may not
20regulate medical examiners in a manner inconsistent with this
21Division. This Division is a limitation under subsection (i)
22of Section 6 of Article VII of the Illinois Constitution on the
23concurrent exercise by home rule units of powers and functions
24exercised by the State.

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1 (55 ILCS 5/3-14002) (from Ch. 34, par. 3-14002)
2 Sec. 3-14002. Position-classification agency. The Board of
3Commissioners shall have the authority to create a
4position-classification agency and to delegate to such agency
5the power to establish and maintain a position-classification
6and compensation plan for all county employees except those
7whose election or appointment is otherwise provided for by law
8and except those enumerated in Section 3-14022. Without
9limitation as to the generality hereof the authority of such
10agency shall also extend to the offices of the Clerk of the
11Circuit Court, Sheriff, County Treasurer, Recorder, Medical
12Examiner Coroner, Jury Commissioners, Public Defender, County
13Clerk, State's Attorney, County Assessor, Board of Appeals and
14Superintendent of Schools.
15(Source: P.A. 86-962.)
16 (55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001)
17 Sec. 4-6001. Officers in counties of less than 2,000,000.
18 (a) In all counties of less than 2,000,000 inhabitants,
19the compensation of Medical Examiners Coroners, County
20Treasurers, County Clerks, Recorders and Auditors shall be
21determined under this Section. The County Board in those
22counties shall fix the amount of the necessary clerk hire,
23stationery, fuel and other expenses of those officers. The
24compensation of those officers shall be separate from the

HB1735- 175 -LRB102 03913 AWJ 13928 b
1necessary clerk hire, stationery, fuel and other expenses, and
2such compensation (except for medical examiners coroners in
3those counties with less than 2,000,000 population in which
4the medical examiner's coroner's compensation is set in
5accordance with Section 4-6002) shall be fixed within the
6following limits:
7 To each such officer in counties containing less than
814,000 inhabitants, not less than $13,500 per annum.
9 To each such officer in counties containing 14,000 or more
10inhabitants, but less than 30,000 inhabitants, not less than
11$14,500 per annum.
12 To each such officer in counties containing 30,000 or more
13inhabitants but less than 60,000 inhabitants, not less than
14$15,000 per annum.
15 To each such officer in counties containing 60,000 or more
16inhabitants but less than 100,000 inhabitants, not less than
17$15,000 per annum.
18 To each such officer in counties containing 100,000 or
19more inhabitants but less than 200,000 inhabitants, not less
20than $16,500 per annum.
21 To each such officer in counties containing 200,000 or
22more inhabitants but less than 300,000 inhabitants, not less
23than $18,000 per annum.
24 To each such officer in counties containing 300,000 or
25more inhabitants but less than 2,000,000 inhabitants, not less
26than $20,000 per annum.

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1 (b) Those officers beginning a term of office before
2December 1, 1990 shall be compensated at the rate of their base
3salary. "Base salary" is the compensation paid for each of
4those offices, respectively, before July 1, 1989.
5 (c) Those officers beginning a term of office on or after
6December 1, 1990 shall be compensated as follows:
7 (1) Beginning December 1, 1990, base salary plus at
8 least 3% of base salary.
9 (2) Beginning December 1, 1991, base salary plus at
10 least 6% of base salary.
11 (3) Beginning December 1, 1992, base salary plus at
12 least 9% of base salary.
13 (4) Beginning December 1, 1993, base salary plus at
14 least 12% of base salary.
15 (d) In addition to but separate and apart from the
16compensation provided in this Section, the county clerk of
17each county, the recorder of each county, and the chief clerk
18of each county board of election commissioners shall receive
19an award as follows:
20 (1) $4,500 per year after January 1, 1998;
21 (2) $5,500 per year after January 1, 1999; and
22 (3) $6,500 per year after January 1, 2000.
23The total amount required for such awards each year shall be
24appropriated by the General Assembly to the State Board of
25Elections which shall distribute the awards in annual lump sum
26payments to the several county clerks, recorders, and chief

HB1735- 177 -LRB102 03913 AWJ 13928 b
1election clerks. Beginning December 1, 1990, this annual
2award, and any other award or stipend paid out of State funds
3to county officers, shall not affect any other compensation
4provided by law to be paid to county officers.
5 (e) Beginning December 1, 1990, no county board may reduce
6or otherwise impair the compensation payable from county funds
7to a county officer if the reduction or impairment is the
8result of the county officer receiving an award or stipend
9payable from State funds.
10 (f) The compensation, necessary clerk hire, stationery,
11fuel and other expenses of the county auditor, as fixed by the
12county board, shall be paid by the county.
13 (g) The population of all counties for the purpose of
14fixing compensation, as herein provided, shall be based upon
15the last Federal census immediately previous to the election
16of the officer in question in each county.
17 (h) With respect to an auditor who takes office on or after
18the effective date of this amendatory Act of the 95th General
19Assembly, the auditor shall receive an annual stipend of
20$6,500 per year. The General Assembly shall appropriate the
21total amount required for the stipend each year from the
22Personal Property Tax Replacement Fund to the Department of
23Revenue, and the Department of Revenue shall distribute the
24awards in an annual lump sum payment to each county auditor.
25The stipend shall be in addition to, but separate and apart
26from, the compensation provided in this Section. No county

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1board may reduce or otherwise impair the compensation payable
2from county funds to the auditor if the reduction or
3impairment is the result of the auditor receiving an award or
4stipend pursuant to this subsection.
5(Source: P.A. 97-72, eff. 7-1-11.)
6 (55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002)
7 Sec. 4-6002. Medical examiners Coroners in counties of
8less than 2,000,000.
9 (a) The County Board, in all counties of less than
102,000,000 inhabitants, shall fix the compensation of medical
11examiners Coroners within the limitations fixed by this
12Division, and shall appropriate for their necessary clerk
13hire, stationery, fuel, supplies, and other expenses. The
14compensation of the medical examiners Coroner shall be fixed
15separately from his necessary clerk hire, stationery, fuel and
16other expenses, and such compensation shall be fixed within
17the following limits:
18 To each medical examiner Coroner in counties containing
19less than 5,000 inhabitants, not less than $4,500 per annum.
20 To each medical examiner Coroner in counties containing
215,000 or more inhabitants but less than 14,000 inhabitants,
22not less than $6,000 per annum.
23 To each medical examiner Coroner in counties containing
2414,000 or more inhabitants, but less than 30,000 inhabitants,
25not less than $9,000 per annum.

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1 To each medical examiner Coroner in counties containing
230,000 or more inhabitants, but less than 60,000 inhabitants,
3not less than $14,000 per annum.
4 To each medical examiner Coroner in counties containing
560,000 or more inhabitants, but less than 100,000 inhabitants,
6not less than $15,000 per annum.
7 To each medical examiner Coroner in counties containing
8100,000 or more inhabitants, but less than 200,000
9inhabitants, not less than $16,500 per annum.
10 To each medical examiner Coroner in counties containing
11200,000 or more inhabitants, but less than 300,000
12inhabitants, not less than $18,000 per annum.
13 To each medical examiner Coroner in counties containing
14300,000 or more inhabitants, but less than 2,000,000
15inhabitants, not less than $20,000 per annum.
16 The population of all counties for the purpose of fixing
17compensation, as herein provided, shall be based upon the last
18Federal census immediately previous to the election of the
19medical examiner Coroner in question in each county. This
20Section does not apply to a county which has abolished the
21elective office of medical examiner coroner.
22 (b) Those medical examiners coroners beginning a term of
23office on or after December 1, 1990 shall be compensated as
24follows:
25 (1) Beginning December 1, 1990, base salary plus at
26 least 3% of base salary.

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1 (2) Beginning December 1, 1991, base salary plus at
2 least 6% of base salary.
3 (3) Beginning December 1, 1992, base salary plus at
4 least 9% of base salary.
5 (4) Beginning December 1, 1993, base salary plus at
6 least 12% of base salary.
7 "Base salary", as used in this subsection (b), means the
8salary in effect before July 1, 1989.
9 (c) In addition to, but separate and apart from, the
10compensation provided in this Section, subject to
11appropriation, the medical examiner coroner of each county
12shall receive an annual stipend of $6,500 to be paid by the
13Illinois Department of Revenue out of the Personal Property
14Tax Replacement Fund if his or her term begins on or after
15December 1, 2000.
16(Source: P.A. 97-72, eff. 7-1-11.)
17 (55 ILCS 5/Div. 4-7 heading)
18
Division 4-7. Medical Examiner's Coroner's Fees
19 (55 ILCS 5/4-7001) (from Ch. 34, par. 4-7001)
20 Sec. 4-7001. Medical examiner's Coroner's fees. The fees
21of the medical examiner's coroner's office shall be as
22follows:
23 1. For a copy of a transcript of sworn testimony:
24 $5.00 per page.

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1 2. For a copy of an autopsy report (if not included in
2 transcript): $50.00.
3 3. For a copy of the verdict of a medical examiner's
4 coroner's jury: $5.00.
5 4. For a copy of a toxicology report: $25.00.
6 5. For a print of or an electronic file containing a
7 picture obtained by the medical examiner coroner: actual
8 cost or $3.00, whichever is greater.
9 6. For each copy of miscellaneous reports, including
10 artist's drawings but not including police reports: actual
11 cost or $25.00, whichever is greater.
12 7. For a coroner's or medical examiner's permit to
13 cremate a dead human body: $50.00. The medical examiner
14 coroner may waive, at his or her discretion, the permit
15 fee if the medical examiner coroner determines that the
16 person is indigent and unable to pay the permit fee or
17 under other special circumstances.
18 All of which fees shall be certified by the court; in the
19case of inmates of any State charitable or penal institution,
20the fees shall be paid by the operating department or
21commission, out of the State Treasury. The medical examiner
22coroner shall file his or her claim in probate for his or her
23fees and he or she shall render assistance to the State's
24attorney in the collection of such fees out of the estate of
25the deceased. In counties of less than 1,000,000 population,
26the State's attorney shall collect such fees out of the estate

HB1735- 182 -LRB102 03913 AWJ 13928 b
1of the deceased.
2 Except as otherwise provided in this Section, whenever the
3medical examiner coroner is required by law to perform any of
4the duties of the office of the sheriff, the medical examiner
5coroner is entitled to the like fees and compensation as are
6allowed by law to the sheriff for the performance of similar
7services.
8 Except as otherwise provided in this Section, whenever the
9medical examiner coroner of any county is required to travel
10in the performance of his or her duties, he or she shall
11receive the same mileage fees as are authorized for the
12sheriff of such county.
13 All fees under this Section collected by or on behalf of
14the medical examiner's coroner's office shall be paid over to
15the county treasurer and deposited into a special account in
16the county treasury. Moneys in the special account shall be
17used solely for the purchase of electronic and forensic
18identification equipment or other related supplies and the
19operating expenses of the medical examiner's coroner's office.
20(Source: P.A. 96-1161, eff. 7-21-10.)
21 (55 ILCS 5/4-11002) (from Ch. 34, par. 4-11002)
22 Sec. 4-11002. Juror's fees on inquest. The fees of each
23juror attending an inquest shall be fixed by the county board
24at a sum not to exceed $10 per inquest and not to exceed $40
25per day, payable out of the county treasury, upon the

HB1735- 183 -LRB102 03913 AWJ 13928 b
1certificate of the medical examiner or acting medical examiner
2coroner or acting coroner of the county wherein the inquest
3was held. Any juror may elect to waive the fees paid for
4attending an inquest.
5(Source: P.A. 97-840, eff. 1-1-13.)
6 (55 ILCS 5/5-1085.5)
7 Sec. 5-1085.5. Homicide and questionable death protocol.
8Each county, except home rule counties, must establish a
9written protocol to deal with homicides and questionable
10deaths. The protocol must be promulgated by the Medical
11Examiner Coroner, Sheriff, State's Attorney, all fire
12departments and fire protection districts located in the
13county, and all police departments located in the county. The
14protocol must include at least the following:
15 (a) the types of deaths that fall under the scope of
16 the protocol;
17 (b) the agencies concerned with the death;
18 (c) the area of responsibility for each agency
19 regarding the death; and
20 (d) uniform procedures concerning homicides and
21 questionable deaths.
22 If, prior to the effective date of this amendatory Act of
23the 92nd General Assembly, a county has established a written
24protocol that was agreed to by the agencies specified in this
25Section to deal with homicides and questionable deaths, then

HB1735- 184 -LRB102 03913 AWJ 13928 b
1that protocol is deemed to satisfy the requirements of this
2Section.
3 The protocol shall not interfere with reasonable attempts
4to preserve life, attempt resuscitation, or provide necessary
5medical services.
6(Source: P.A. 92-802, eff. 1-1-03.)
7 (55 ILCS 5/5-1106) (from Ch. 34, par. 5-1106)
8 Sec. 5-1106. County offices, equipment and expenditures.
9It shall be the duty of the county board of each county:
10 First--To erect or otherwise provide when necessary, and
11the finances of the county will justify it, and keep in repair,
12a suitable court house, jail and other necessary county
13buildings, and to provide proper rooms and offices for the
14accommodation of the county board, State's attorney, county
15clerk, county treasurer, recorder and sheriff, and to provide
16suitable furniture therefor. But in counties not under
17township organization, no appropriations shall be made for the
18erection of public buildings, without first submitting the
19proposition to a vote of the people of the county, and the vote
20shall be submitted in the same manner and under the same
21restrictions as provided for in like cases in Section 5-2001;
22and the votes therefor shall be "For taxation," specifying the
23object, and those against shall be "Against taxation,"
24specifying the object.
25 Second--To provide and keep in repair, when the finances

HB1735- 185 -LRB102 03913 AWJ 13928 b
1of the county permit, suitable fireproof safes or offices for
2the county clerk, State's attorney, county treasurer, recorder
3and sheriff.
4 Third--To provide reasonable and necessary expenses for
5the use of the county board, county clerk, county treasurer,
6recorder, sheriff, medical examiner coroner, State's attorney,
7superintendent of schools, judges and clerks of courts, and
8supervisor of assessment.
9 Fourth--To cause to be published at the close of each
10annual, regular or special meeting of the board, a brief
11statement of the proceedings thereof in one or more newspapers
12published in the county, in which shall be set forth the name
13of every individual who shall have had any account audited and
14allowed by the board and the amount of such claim as allowed,
15and the amount claimed, and also their proceedings upon the
16equalization of the assessment roll: Provided, that no
17publication in a newspaper shall be required unless the same
18can be done without unreasonable expense.
19 Fifth--To make out at its meeting in September, annually,
20a full and accurate statement of the receipts and expenditures
21of the preceding year, which statement shall contain a full
22and correct description of each item, from whom and on what
23account received, to whom paid, and on what account expended,
24together with an accurate statement of the finances of the
25county at the end of the fiscal year, including all debts and
26liabilities of every description, and the assets and other

HB1735- 186 -LRB102 03913 AWJ 13928 b
1means to discharge the same; and within 30 days thereafter to
2cause the same to be posted up at the court house door, and at
32 other places in the county, and published for one week in
4some newspaper therein, if there is one, and the same can be
5done without unreasonable expense.
6 Sixth--To provide proper rooms and offices, and for the
7repair thereof, for the accommodation of the circuit court of
8the county and for the clerks for such court, and to provide
9suitable furnishings for such rooms and offices, and to
10furnish fire proof safes, and the repair thereof, for the
11offices of the clerks of the circuit court of the county. On or
12before June 1, 2019, every facility that houses a circuit
13court room shall include at least one lactation room or area
14for members of the public to express breast milk in private
15that is located outside the confines of a restroom and
16includes, at minimum, a chair, a table, and an electrical
17outlet, as well as a sink with running water where possible.
18The court rooms and furnishings thereof shall meet with
19reasonable minimum standards prescribed by the Supreme Court
20of Illinois. Such standards shall be substantially the same as
21those generally accepted in court rooms as to general
22furnishings, arrangement of bench, tables and chairs,
23cleanliness, convenience to litigants, decorations, lighting
24and other such matters relating to the physical appearance of
25the court room. The lactation rooms and areas shall also meet
26with reasonable minimum standards prescribed by the Supreme

HB1735- 187 -LRB102 03913 AWJ 13928 b
1Court, which the Supreme Court is respectfully requested to
2create, including requirements for posting of notice to the
3public regarding location and access to lactation rooms and
4areas, as well as requirements for the addition of a sink with
5running water in the event of renovation to such facilities.
6The Supreme Court is also respectfully requested to create
7minimum standards for training of courthouse staff and
8personnel regarding location and access to lactation rooms and
9areas for all people present in the courthouse who need to use
10lactation rooms and areas.
11(Source: P.A. 100-947, eff. 1-1-19.)
12 (55 ILCS 5/3-3002 rep.)
13 (55 ILCS 5/3-3011 rep.)
14 (55 ILCS 5/3-3039 rep.)
15 (55 ILCS 5/3-3044 rep.)
16 Section 105. The Counties Code is amended by repealing
17Sections 3-3002, 3-3011, 3-3039, and 3-3044.
18 Section 110. The Coroner Training Board Act is amended by
19changing Sections 1, 5, 10, 20, 25, 30, and 35 and adding
20Section 37 as follows:
21 (55 ILCS 135/1)
22 Sec. 1. Short title. This Act may be cited as the Medical
23Examiner Coroner Training Board Act.

HB1735- 188 -LRB102 03913 AWJ 13928 b
1(Source: P.A. 99-408, eff. 1-1-16.)
2 (55 ILCS 135/5)
3 Sec. 5. Definitions. As used in this Act:
4 "Board" means the Medical Examiner Coroner Training Board.
5 "Coroner" means coroners and deputy coroners.
6 "Coroner training school" means any school located within
7or outside the State of Illinois whether privately or publicly
8owned which offers a course in coroner training and has been
9approved by the Board.
10 "Forensic pathologist" means a board certified pathologist
11by the American Board of Pathology.
12 "Local governmental agency" means any local governmental
13unit or municipal corporation in this State. It does not
14include the State of Illinois or any office, officer,
15department, division, bureau, board, commission, or agency of
16the State.
17 "Medical examiner" means medical examiners and deputy
18medical examiners.
19 "Medical examiner training school" means any school
20located within or outside the State of Illinois, whether
21privately or publicly owned, which offers a course in medical
22examiner training and has been approved by the Board.
23(Source: P.A. 99-408, eff. 1-1-16.)
24 (55 ILCS 135/10)

HB1735- 189 -LRB102 03913 AWJ 13928 b
1 Sec. 10. Board; composition; appointments; tenure;
2vacancies. The Board shall be composed of 5 members who shall
3be appointed by the Governor as follows: 2 medical examiners
4coroners, one forensic pathologist from the Cook County
5Medical Examiner's Office, one forensic pathologist from a
6county other than Cook County, and one citizen of Illinois who
7is not currently or was a medical examiner coroner or forensic
8pathologist. The initial appointments by the Governor shall be
9made on the first Monday of August in 2016 and the initial
10appointments' terms shall be as follows: one coroner and one
11forensic pathologist shall be for a period of one year, the
12second coroner and the second forensic pathologist for 3
13years, and the citizen for a period of 3 years. Their
14successors, including those appointed under subsection (c) of
15Section 37, shall be appointed in like manner for terms to
16expire the first Monday of August each 3 years thereafter. All
17members shall serve until their respective successors are
18appointed and qualify. Vacancies shall be filled by the
19Governor for the unexpired terms.
20(Source: P.A. 99-408, eff. 1-1-16.)
21 (55 ILCS 135/20)
22 Sec. 20. Powers of the Board. The Board has the following
23powers and duties:
24 (a) To require units of local government to furnish such
25reports and information as the Board deems necessary to fully

HB1735- 190 -LRB102 03913 AWJ 13928 b
1implement this Act.
2 (b) To establish by rule appropriate mandatory minimum
3standards relating to the training of medical examiners
4coroners, including, but not limited to, Part 1760 of Chapter
5V of Title 20 of the Illinois Administrative Code. The Board
6shall consult with the Illinois Coroners and Medical Examiners
7Association when adopting mandatory minimum standards.
8 (c) To provide appropriate certification to those medical
9examiners coroners who successfully complete the prescribed
10minimum standard basic training course.
11 (d) To review and approve annual training curriculum for
12medical examiners coroners.
13 (e) To review and approve applicants to ensure no
14applicant is admitted to a medical examiner coroner training
15school unless the applicant is a person of good character and
16has not been convicted of a felony offense, any of the
17misdemeanors in Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17,
1811-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6,
1931-7, 32-4a, or 32-7 of the Criminal Code of 1961 or the
20Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C) of
21Section 11-14.3 of the Criminal Code of 1961 or the Criminal
22Code of 2012, or subsection (a) of Section 17-32 of the
23Criminal Code of 1961 or the Criminal Code of 2012, or Section
245 or 5.2 of the Cannabis Control Act, or a crime involving
25moral turpitude under the laws of this State or any other state
26which if committed in this State would be punishable as a

HB1735- 191 -LRB102 03913 AWJ 13928 b
1felony or a crime of moral turpitude. The Board may appoint
2investigators who shall enforce the duties conferred upon the
3Board by this Act.
4(Source: P.A. 99-408, eff. 1-1-16.)
5 (55 ILCS 135/25)
6 Sec. 25. Selection and certification of schools. The Board
7shall select and certify medical examiner coroner training
8schools within or outside the State of Illinois for the
9purpose of providing basic training for medical examiners
10coroners and of providing advanced or in-service training for
11medical examiners coroners, which schools may be either
12publicly or privately owned and operated.
13(Source: P.A. 99-408, eff. 1-1-16.)
14 (55 ILCS 135/30)
15 Sec. 30. Death investigation training; waiver for
16experience.
17 (a) The Board shall conduct or approve a training program
18in death investigation for the training of medical examiners
19coroners. Only medical examiners coroners who successfully
20complete the training program may be assigned as lead
21investigators in a medical examiner's coroner's
22investigations. Satisfactory completion of the training
23program shall be evidenced by a certificate issued to the
24medical examiner coroner by the Board.

HB1735- 192 -LRB102 03913 AWJ 13928 b
1 (b) The Board shall develop a process for waiver
2applications sent from a medical examiner's coroner's office
3for those medical examiners coroners whose prior training and
4experience as a death or homicide investigator may qualify
5them for a waiver. The Board may issue a waiver at its
6discretion, based solely on the prior training and experience
7of a medical examiner coroner as a death or homicide
8investigator.
9(Source: P.A. 99-408, eff. 1-1-16.)
10 (55 ILCS 135/35)
11 Sec. 35. Acceptance of contributions and gifts. The Board
12may accept contributions, capital grants, gifts, donations,
13services or other financial assistance from any individual,
14association, corporation, the United States of America and any
15of its agencies or instrumentalities, or any other
16organization having a legitimate interest in medical examiner
17coroner training.
18(Source: P.A. 99-408, eff. 1-1-16.)
19 (55 ILCS 135/37 new)
20 Sec. 37. Transition into Medical Examiner Training Board.
21 (a) No later than 60 days after the effective date of this
22amendatory Act of the 102nd General Assembly, the Board and
23the Executive Director, if any, shall meet to discuss what
24changes are necessary, as a result of this amendatory Act of

HB1735- 193 -LRB102 03913 AWJ 13928 b
1the 102nd General Assembly, to:
2 (1) reports or information furnished to the Board by
3 units of local government;
4 (2) rules that may be adopted for mandatory minimum
5 standards relating to the training of medical examiners;
6 (3) appropriate certification for medical examiners;
7 (4) annual training curriculum for medical examiners;
8 (5) death investigation training for medical
9 examiners; and
10 (6) selection and certification of schools for medical
11 examiner training.
12 (b) The Board shall implement changes necessary under
13subsection (a) due to this amendatory Act of the 102nd General
14Assembly so that appointment of medical examiners under
15subsection (a) of Section 3-3000 of the Counties Code and
16training of the medical examiners under Section 3-3001 of the
17Counties Code are not delayed.
18 (c) No later than November 30, 2021, the Governor shall
19appoint 2 medical examiners, designating for each appointment
20which coroner on the Board is being replaced, from the medical
21examiners appointed under subsection (a) of Section 3-3000 of
22the Counties Code. The terms of the medical examiners
23appointed under this subsection shall expire at the same time
24of the coroner whom each medical examiner replaced. If both
25medical examiners are not appointed to the Board under this
26subsection on or before November 30, 2021, the coroner or

HB1735- 194 -LRB102 03913 AWJ 13928 b
1coroners on the Board who have not been replaced with a medical
2examiner on November 30, 2021 shall continue as Board members
3until medical examiners are appointed and qualified to replace
4them.
5 Section 115. The Illinois Drainage Code is amended by
6changing Section 5-7 as follows:
7 (70 ILCS 605/5-7) (from Ch. 42, par. 5-7)
8 Sec. 5-7. Original assessments - Right to jury. The
9commissioners and any parties interested have the right to a
10trial by jury upon all questions as to benefits and damages to
11any lands and property affected, if a written demand for a jury
12is filed on or before the date and hour fixed for hearing on
13the assessment roll. If no demand for a jury trial is filed,
14then all parties shall be deemed to have waived a jury, and the
15court shall proceed to hear and determine all questions as to
16benefits and damages to any lands and other property without a
17jury. If a trial by jury is demanded by the commissioners or by
18one or more interested parties, then the court shall submit to
19the jury all questions as to benefits and damages to any and
20all lands and property, even though a demand for a jury has not
21been made by all of the parties interested.
22 If any lands or property are sought to be taken by the
23exercise of the right of eminent domain, then the compensation
24to be paid for any lands or property so sought to be taken

HB1735- 195 -LRB102 03913 AWJ 13928 b
1shall be fixed by a jury, unless a waiver of a trial by jury
2has been filed by each owner of land or property sought to be
3taken.
4 If a trial by jury is to be held, the jury may be drawn and
5summoned in the manner now or hereafter provided for the
6drawing and summoning of juries for the circuit court. If the
7jury is not summoned as above provided, then the court may,
8when the cause is set for trial, direct the clerk of the court
9to issue a venire for not less than 12 nor more than 24
10competent jurors, as the court shall direct, and deliver the
11same to the sheriff or medical examiner coroner, who shall
12summon such jurors from the body of the county to appear before
13the court at the time set for trial. The jury shall be
14impaneled, and the parties shall be entitled to challenge
15jurors as in other civil cases.
16(Source: P.A. 84-886.)
17 Section 120. The Abuse Prevention Review Team Act is
18amended by changing Sections 15, 20, and 25 as follows:
19 (210 ILCS 28/15)
20 Sec. 15. Residential health care facility resident sexual
21assault and death review teams; establishment.
22 (a) The Director, in consultation with the Executive
23Council and with law enforcement agencies and other
24professionals who work in the field of investigating,

HB1735- 196 -LRB102 03913 AWJ 13928 b
1treating, or preventing nursing home resident abuse or neglect
2in the State, shall appoint members to two residential health
3care facility resident sexual assault and death review teams.
4The Director shall appoint more teams if the Director or the
5existing teams determine that more teams are necessary to
6achieve the purposes of this Act. An Executive Council shall
7be organized no later than when at least 4 teams are formed.
8The members of a team shall be appointed for 2-year staggered
9terms and shall be eligible for reappointment upon the
10expiration of their terms.
11 (b) Each review team shall consist of at least one member
12from each of the following categories:
13 (1) Geriatrician or other physician knowledgeable
14 about nursing home resident abuse and neglect.
15 (2) Representative of the Department.
16 (3) State's Attorney or State's Attorney's
17 representative.
18 (4) Representative of a local law enforcement agency.
19 (5) Representative of the Illinois Attorney General.
20 (6) Psychologist or psychiatrist.
21 (7) Representative of a local health department.
22 (8) Representative of a social service or health care
23 agency that provides services to persons with mental
24 illness, in a program whose accreditation to provide such
25 services is recognized by the Office of Mental Health
26 within the Department of Human Services.

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1 (9) Representative of a social service or health care
2 agency that provides services to persons with
3 developmental disabilities, in a program whose
4 accreditation to provide such services is recognized by
5 the Office of Developmental Disabilities within the
6 Department of Human Services.
7 (10) Medical examiner Coroner or forensic pathologist.
8 (11) Representative of the local sub-state ombudsman.
9 (12) Representative of a nursing home resident
10 advocacy organization.
11 (13) Representative of a local hospital, trauma
12 center, or provider of emergency medical services.
13 (14) Representative of an organization that represents
14 nursing homes.
15 Each review team may make recommendations to the Director
16concerning additional appointments. Each review team member
17must have demonstrated experience and an interest in
18investigating, treating, or preventing nursing home resident
19abuse or neglect.
20 (c) Each review team shall select a chairperson from among
21its members. The chairperson shall also serve on the Illinois
22Residential Health Care Facility Sexual Assault and Death
23Review Teams Executive Council.
24(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
25 (210 ILCS 28/20)

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1 Sec. 20. Reviews of nursing home resident sexual assaults
2and deaths.
3 (a) Every case of sexual assault of a nursing home
4resident that the Department determined to be valid shall be
5reviewed by the review team for the region that has primary
6case management responsibility.
7 (b) Every death of a nursing home resident shall be
8reviewed by the review team for the region that has primary
9case management responsibility, if the deceased resident is
10one of the following:
11 (1) A person whose death is reviewed by the Department
12 during any regulatory activity, whether or not there were
13 any federal or State violations.
14 (2) A person about whose care the Department received
15 a complaint alleging that the resident's care violated
16 federal or State standards so as to contribute to the
17 resident's death.
18 (3) A resident whose death is referred to the
19 Department for investigation by a local coroner, medical
20 examiner, or law enforcement agency.
21 A review team may, at its discretion, review other sudden,
22unexpected, or unexplained nursing home resident deaths. The
23Department shall bring such deaths to the attention of the
24teams when it determines that doing so will help to achieve the
25purposes of this Act.
26 (c) A review team's purpose in conducting reviews of

HB1735- 199 -LRB102 03913 AWJ 13928 b
1resident sexual assaults and deaths is to do the following:
2 (1) Assist in determining the cause and manner of the
3 resident's assault or death, when requested.
4 (2) Evaluate means, if any, by which the assault or
5 death might have been prevented.
6 (3) Report its findings to the Director and make
7 recommendations that may help to reduce the number of
8 sexual assaults on and unnecessary deaths of nursing home
9 residents.
10 (4) Promote continuing education for professionals
11 involved in investigating, treating, and preventing
12 nursing home resident abuse and neglect as a means of
13 preventing sexual assaults and unnecessary deaths of
14 nursing home residents.
15 (5) Make specific recommendations to the Director
16 concerning the prevention of sexual assaults and
17 unnecessary deaths of nursing home residents and the
18 establishment of protocols for investigating resident
19 sexual assaults and deaths.
20 (d) A review team must review the sexual assault or death
21cases submitted to it on a quarterly basis. The review team
22must meet at least once in each calendar quarter if there are
23cases to be reviewed. The Department shall forward cases
24pursuant to subsections (a) and (b) of this Section within 120
25days after completion of the investigation.
26 (e) Within 90 days after receiving recommendations made by

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1a review team under item (5) of subsection (c), the Director
2must review those recommendations and respond to the review
3team. The Director shall implement recommendations as feasible
4and appropriate and shall respond to the review team in
5writing to explain the implementation or nonimplementation of
6the recommendations.
7 (f) In any instance when a review team does not operate in
8accordance with established protocol, the Director, in
9consultation and cooperation with the Executive Council, must
10take any necessary actions to bring the review team into
11compliance with the protocol.
12(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
13 (210 ILCS 28/25)
14 Sec. 25. Review team access to information.
15 (a) The Department shall provide to a review team, on the
16request of the review team chairperson, all records and
17information in the Department's possession that are relevant
18to the review team's review of a sexual assault or death
19described in subsection (b) of Section 20, including records
20and information concerning previous reports or investigations
21of suspected abuse or neglect.
22 (b) A review team shall have access to all records and
23information that are relevant to its review of a sexual
24assault or death and in the possession of a State or local
25governmental agency. These records and information include,

HB1735- 201 -LRB102 03913 AWJ 13928 b
1without limitation, death certificates, all relevant medical
2and mental health records, records of law enforcement agency
3investigations, records of coroner or medical examiner
4investigations, records of the Department of Corrections and
5Department of Juvenile Justice concerning a person's parole or
6aftercare release, records of a probation and court services
7department, and records of a social services agency that
8provided services to the resident.
9(Source: P.A. 98-558, eff. 1-1-14.)
10 Section 125. The Abused and Neglected Long Term Care
11Facility Residents Reporting Act is amended by changing
12Section 4 as follows:
13 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
14 Sec. 4. Any long term care facility administrator, agent
15or employee or any physician, hospital, surgeon, dentist,
16osteopath, chiropractor, podiatric physician, accredited
17religious practitioner who provides treatment by spiritual
18means alone through prayer in accordance with the tenets and
19practices of the accrediting church, medical examiner coroner,
20social worker, social services administrator, registered
21nurse, law enforcement officer, field personnel of the
22Department of Healthcare and Family Services, field personnel
23of the Illinois Department of Public Health and County or
24Municipal Health Departments, personnel of the Department of

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1Human Services (acting as the successor to the Department of
2Mental Health and Developmental Disabilities or the Department
3of Public Aid), personnel of the Guardianship and Advocacy
4Commission, personnel of the State Fire Marshal, local fire
5department inspectors or other personnel, or personnel of the
6Illinois Department on Aging, or its subsidiary Agencies on
7Aging, or employee of a facility licensed under the Assisted
8Living and Shared Housing Act, having reasonable cause to
9believe any resident with whom they have direct contact has
10been subjected to abuse or neglect shall immediately report or
11cause a report to be made to the Department. Persons required
12to make reports or cause reports to be made under this Section
13include all employees of the State of Illinois who are
14involved in providing services to residents, including
15professionals providing medical or rehabilitation services and
16all other persons having direct contact with residents; and
17further include all employees of community service agencies
18who provide services to a resident of a public or private long
19term care facility outside of that facility. Any long term
20care surveyor of the Illinois Department of Public Health who
21has reasonable cause to believe in the course of a survey that
22a resident has been abused or neglected and initiates an
23investigation while on site at the facility shall be exempt
24from making a report under this Section but the results of any
25such investigation shall be forwarded to the central register
26in a manner and form described by the Department.

HB1735- 203 -LRB102 03913 AWJ 13928 b
1 The requirement of this Act shall not relieve any long
2term care facility administrator, agent or employee of
3responsibility to report the abuse or neglect of a resident
4under Section 3-610 of the Nursing Home Care Act or under
5Section 3-610 of the ID/DD Community Care Act or under Section
63-610 of the MC/DD Act or under Section 2-107 of the
7Specialized Mental Health Rehabilitation Act of 2013.
8 In addition to the above persons required to report
9suspected resident abuse and neglect, any other person may
10make a report to the Department, or to any law enforcement
11officer, if such person has reasonable cause to suspect a
12resident has been abused or neglected.
13 This Section also applies to residents whose death occurs
14from suspected abuse or neglect before being found or brought
15to a hospital.
16 A person required to make reports or cause reports to be
17made under this Section who fails to comply with the
18requirements of this Section is guilty of a Class A
19misdemeanor.
20(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
2198-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
22 Section 130. The MC/DD Act is amended by changing Section
232-208 as follows:
24 (210 ILCS 46/2-208)

HB1735- 204 -LRB102 03913 AWJ 13928 b
1 Sec. 2-208. Notice of imminent death, unusual incident,
2abuse, or neglect.
3 (a) A facility shall immediately notify the identified
4resident's next of kin, guardian, resident's representative,
5and physician of the resident's death or when the resident's
6death appears to be imminent. A facility shall immediately
7notify the Department by telephone of a resident's death
8within 24 hours after the resident's death. The facility shall
9notify the Department of the death of a facility's resident
10that does not occur in the facility immediately upon learning
11of the death. A facility shall promptly notify the coroner or
12medical examiner of a resident's death in a manner and form to
13be determined by the Department after consultation with the
14coroner or medical examiner of the county in which the
15facility is located. In addition to notice to the Department
16by telephone, the Department shall require the facility to
17submit written notification of the death of a resident within
1872 hours after the death, including a report of any medication
19errors or other incidents that occurred within 30 days of the
20resident's death. A facility's failure to comply with this
21Section shall constitute a Type "B" violation.
22 (b) A facility shall immediately notify the resident's
23next of kin, guardian, or resident representative of any
24unusual incident, abuse, or neglect involving the resident. A
25facility shall immediately notify the Department by telephone
26of any unusual incident, abuse, or neglect required to be

HB1735- 205 -LRB102 03913 AWJ 13928 b
1reported pursuant to State law or administrative rule. In
2addition to notice to the Department by telephone, the
3Department shall require the facility to submit written
4notification of any unusual incident, abuse, or neglect within
5one day after the unusual incident, abuse, or neglect
6occurring. A facility's failure to comply with this Section
7shall constitute a Type "B" violation. For purposes of this
8Section, "unusual incident" means serious injury; unscheduled
9hospital visit for treatment of serious injury; 9-1-1 calls
10for emergency services directly relating to a resident threat;
11or stalking of staff or person served that raises health or
12safety concerns.
13(Source: P.A. 99-180, eff. 7-29-15.)
14 Section 135. The ID/DD Community Care Act is amended by
15changing Section 2-208 as follows:
16 (210 ILCS 47/2-208)
17 Sec. 2-208. Notice of imminent death, unusual incident,
18abuse, or neglect.
19 (a) A facility shall immediately notify the identified
20resident's next of kin, guardian, resident's representative,
21and physician of the resident's death or when the resident's
22death appears to be imminent. A facility shall immediately
23notify the Department by telephone of a resident's death
24within 24 hours after the resident's death. The facility shall

HB1735- 206 -LRB102 03913 AWJ 13928 b
1notify the Department of the death of a facility's resident
2that does not occur in the facility immediately upon learning
3of the death. A facility shall promptly notify the coroner or
4medical examiner of a resident's death in a manner and form to
5be determined by the Department after consultation with the
6coroner or medical examiner of the county in which the
7facility is located. In addition to notice to the Department
8by telephone, the Department shall require the facility to
9submit written notification of the death of a resident within
1072 hours after the death, including a report of any medication
11errors or other incidents that occurred within 30 days of the
12resident's death. A facility's failure to comply with this
13Section shall constitute a Type "B" violation.
14 (b) A facility shall immediately notify the resident's
15next of kin, guardian, or resident representative of any
16unusual incident, abuse, or neglect involving the resident. A
17facility shall immediately notify the Department by telephone
18of any unusual incident, abuse, or neglect required to be
19reported pursuant to State law or administrative rule. In
20addition to notice to the Department by telephone, the
21Department shall require the facility to submit written
22notification of any unusual incident, abuse, or neglect within
23one day after the unusual incident, abuse, or neglect
24occurring. A facility's failure to comply with this Section
25shall constitute a Type "B" violation. For purposes of this
26Section, "unusual incident" means serious injury; unscheduled

HB1735- 207 -LRB102 03913 AWJ 13928 b
1hospital visit for treatment of serious injury; 9-1-1 calls
2for emergency services directly relating to a resident threat;
3or stalking of staff or person served that raises health or
4safety concerns.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
6 Section 140. The Hospital Licensing Act is amended by
7changing Sections 6.09a and 7 as follows:
8 (210 ILCS 85/6.09a)
9 Sec. 6.09a. Report of death. Every hospital shall promptly
10report the death of a person readily known to be, without an
11investigation by the hospital, a resident of a facility
12licensed under the ID/DD Community Care Act or the MC/DD Act,
13to the coroner or medical examiner. The coroner or medical
14examiner shall promptly respond to the report by accepting or
15not accepting the body for investigation.
16(Source: P.A. 99-180, eff. 7-29-15.)
17 (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
18 Sec. 7. (a) The Director after notice and opportunity for
19hearing to the applicant or licensee may deny, suspend, or
20revoke a permit to establish a hospital or deny, suspend, or
21revoke a license to open, conduct, operate, and maintain a
22hospital in any case in which he finds that there has been a
23substantial failure to comply with the provisions of this Act,

HB1735- 208 -LRB102 03913 AWJ 13928 b
1the Hospital Report Card Act, or the Illinois Adverse Health
2Care Events Reporting Law of 2005 or the standards, rules, and
3regulations established by virtue of any of those Acts. The
4Department may impose fines on hospitals, not to exceed $500
5per occurrence, for failing to (1) initiate a criminal
6background check on a patient that meets the criteria for
7hospital-initiated background checks or (2) report the death
8of a person known to be a resident of a facility licensed under
9the ID/DD Community Care Act or the MC/DD Act to the coroner or
10medical examiner within 24 hours as required by Section 6.09a
11of this Act. In assessing whether to impose such a fine for
12failure to initiate a criminal background check, the
13Department shall consider various factors including, but not
14limited to, whether the hospital has engaged in a pattern or
15practice of failing to initiate criminal background checks.
16Money from fines shall be deposited into the Long Term Care
17Provider Fund.
18 (b) Such notice shall be effected by registered mail or by
19personal service setting forth the particular reasons for the
20proposed action and fixing a date, not less than 15 days from
21the date of such mailing or service, at which time the
22applicant or licensee shall be given an opportunity for a
23hearing. Such hearing shall be conducted by the Director or by
24an employee of the Department designated in writing by the
25Director as Hearing Officer to conduct the hearing. On the
26basis of any such hearing, or upon default of the applicant or

HB1735- 209 -LRB102 03913 AWJ 13928 b
1licensee, the Director shall make a determination specifying
2his findings and conclusions. In case of a denial to an
3applicant of a permit to establish a hospital, such
4determination shall specify the subsection of Section 6 under
5which the permit was denied and shall contain findings of fact
6forming the basis of such denial. A copy of such determination
7shall be sent by registered mail or served personally upon the
8applicant or licensee. The decision denying, suspending, or
9revoking a permit or a license shall become final 35 days after
10it is so mailed or served, unless the applicant or licensee,
11within such 35 day period, petitions for review pursuant to
12Section 13.
13 (c) The procedure governing hearings authorized by this
14Section shall be in accordance with rules promulgated by the
15Department and approved by the Hospital Licensing Board. A
16full and complete record shall be kept of all proceedings,
17including the notice of hearing, complaint, and all other
18documents in the nature of pleadings, written motions filed in
19the proceedings, and the report and orders of the Director and
20Hearing Officer. All testimony shall be reported but need not
21be transcribed unless the decision is appealed pursuant to
22Section 13. A copy or copies of the transcript may be obtained
23by any interested party on payment of the cost of preparing
24such copy or copies.
25 (d) The Director or Hearing Officer shall upon his own
26motion, or on the written request of any party to the

HB1735- 210 -LRB102 03913 AWJ 13928 b
1proceeding, issue subpoenas requiring the attendance and the
2giving of testimony by witnesses, and subpoenas duces tecum
3requiring the production of books, papers, records, or
4memoranda. All subpoenas and subpoenas duces tecum issued
5under the terms of this Act may be served by any person of full
6age. The fees of witnesses for attendance and travel shall be
7the same as the fees of witnesses before the Circuit Court of
8this State, such fees to be paid when the witness is excused
9from further attendance. When the witness is subpoenaed at the
10instance of the Director, or Hearing Officer, such fees shall
11be paid in the same manner as other expenses of the Department,
12and when the witness is subpoenaed at the instance of any other
13party to any such proceeding the Department may require that
14the cost of service of the subpoena or subpoena duces tecum and
15the fee of the witness be borne by the party at whose instance
16the witness is summoned. In such case, the Department in its
17discretion, may require a deposit to cover the cost of such
18service and witness fees. A subpoena or subpoena duces tecum
19issued as aforesaid shall be served in the same manner as a
20subpoena issued out of a court.
21 (e) Any Circuit Court of this State upon the application
22of the Director, or upon the application of any other party to
23the proceeding, may, in its discretion, compel the attendance
24of witnesses, the production of books, papers, records, or
25memoranda and the giving of testimony before the Director or
26Hearing Officer conducting an investigation or holding a

HB1735- 211 -LRB102 03913 AWJ 13928 b
1hearing authorized by this Act, by an attachment for contempt,
2or otherwise, in the same manner as production of evidence may
3be compelled before the court.
4 (f) The Director or Hearing Officer, or any party in an
5investigation or hearing before the Department, may cause the
6depositions of witnesses within the State to be taken in the
7manner prescribed by law for like depositions in civil actions
8in courts of this State, and to that end compel the attendance
9of witnesses and the production of books, papers, records, or
10memoranda.
11(Source: P.A. 99-180, eff. 7-29-15.)
12 Section 145. The Safe Pharmaceutical Disposal Act is
13amended by changing Section 18 as follows:
14 (210 ILCS 150/18)
15 Sec. 18. Unused medications at the scene of a death.
16 (a) Notwithstanding any provision of law to the contrary,
17the Department of State Police may by rule authorize State
18Police officers to dispose of any unused medications found at
19the scene of a death the State Police officer is
20investigating. A State Police officer may only dispose of any
21unused medications under this subsection after consulting with
22any other investigating law enforcement agency to ensure that
23the unused medications will not be needed as evidence in any
24investigation. This Section shall not apply to any unused

HB1735- 212 -LRB102 03913 AWJ 13928 b
1medications a State Police officer takes into custody as part
2of any investigation into a crime.
3 (b) Notwithstanding any provision of law to the contrary,
4a local governmental agency may authorize police officers to
5dispose of any unused medications found at the scene of a death
6a police officer is investigating. A police officer may only
7dispose of any unused medications under this subsection after
8consulting with any other investigating law enforcement agency
9to ensure that the unused medications will not be needed as
10evidence in any investigation. This Section shall not apply to
11any unused medications a police officer takes into custody as
12part of any investigation into a crime.
13 (c) Notwithstanding any provision of law to the contrary,
14a coroner or medical examiner may dispose of any unused
15medications found at the scene of a death the coroner or
16medical examiner is investigating. A coroner or medical
17examiner may only dispose of any unused medications under this
18subsection after consulting with any investigating law
19enforcement agency to ensure that the unused medications will
20not be needed as evidence in any investigation.
21 (d) Any disposal under this Section shall be in accordance
22with Section 17 of this Act or another State or federally
23approved medication take-back program or location.
24 (e) This Section shall not apply to prescription drugs for
25which the United States Food and Drug Administration created a
26Risk Evaluation and Mitigation Strategy for under the Food and

HB1735- 213 -LRB102 03913 AWJ 13928 b
1Drug Administration Amendments Act of 2007.
2 (f) Nothing in this Section shall be construed to require
3a search of the scene for unused medications.
4 (g) Prior to disposal of any medication collected as
5evidence in a criminal investigation under this Section, a
6State Police officer, police officer, coroner, or medical
7examiner shall photograph the unused medication and its
8container or packaging, if available; document the number or
9amount of medication to be disposed; and include the
10photographs and documentation in the police report, coroner
11report, or medical examiner report.
12 (h) If an autopsy is performed as part of a death
13investigation, no medication seized under this Section shall
14be disposed of until after a toxicology report is received by
15the entity requesting the report.
16 (i) If a police officer, State Police officer, coroner, or
17medical examiner is not present at the scene of a death, a
18nurse may dispose of any unused medications found at the scene
19of a death the nurse is present at while engaging in the
20performance of his or her duties. A nurse may dispose of any
21unused medications under this subsection only after consulting
22with any investigating law enforcement agency to ensure that
23the unused medications will not be needed as evidence in an
24investigation.
25 (j) When an individual authorized to dispose of unused
26medication under this Section disposes of unused medication

HB1735- 214 -LRB102 03913 AWJ 13928 b
1under this Section in good faith, the individual, and his or
2her employer, employees, and agents, shall incur no criminal
3liability or professional discipline.
4(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
5 Section 150. The Coal Mining Act is amended by changing
6Sections 10.03 and 10.04 as follows:
7 (225 ILCS 705/10.03) (from Ch. 96 1/2, par. 1003)
8 Sec. 10.03. If any person is killed in or about a mine the
9operator shall notify the medical examiner coroner of the
10county, who shall hold an inquest concerning the cause of the
11death. The State Mine Inspector may question or cross-question
12any witness testifying at the inquest.
13(Source: Laws 1953, p. 701.)
14 (225 ILCS 705/10.04) (from Ch. 96 1/2, par. 1004)
15 Sec. 10.04. The State Mine Inspector shall make a personal
16investigation as to the nature and cause of all serious
17accidents in mines under his supervision. He shall make a
18record of the circumstances attending the accident, as
19developed at the medical examiner's coroner's inquest and by
20his own personal investigation. A copy of the record shall be
21filed with the Department within 30 days following the
22conclusion of the investigation, and the report shall
23thereupon become a part of the records of the Department. To

HB1735- 215 -LRB102 03913 AWJ 13928 b
1enable the State Mine Inspector to make his investigation he
2has the power to compel the attendance of witnesses, and to
3administer oaths or affirmations to them.
4(Source: P.A. 79-340.)
5 Section 155. The Fluorspar Mines Act is amended by
6changing Sections 15 and 16 as follows:
7 (225 ILCS 710/15) (from Ch. 96 1/2, par. 4222)
8 Sec. 15. The superintendent shall post or cause to be
9posted an emergency organization chart or plan in a
10conspicuous place on each mine property designating the duties
11of various employees and listing mine rescue stations,
12hospitals, doctors, etc., to be called in case of fire,
13explosion, flood, cave-in or other emergency. Whenever loss of
14life occurs from accident in or about a mine, and when death
15results from personal injury, the superintendent or other
16person having immediate charge of the work at the time of the
17accident shall give notice to the inspector promptly by
18telephone or telegraph, followed by a notice in writing, after
19knowledge of death comes.
20 Whenever possible, the inspector shall be present at the
21medical examiner's coroner's inquest held over the remains of
22a person killed in or about a mine. Due notice of an intended
23inquest to be held by the medical examiner coroner shall be
24given by the medical examiner coroner to the inspector, and at

HB1735- 216 -LRB102 03913 AWJ 13928 b
1such inquest the inspector shall have the right to examine and
2cross-examine witnesses, and such examination shall be part of
3the records of such inquest. If, at any inquest held over the
4body or bodies of persons whose death was caused by an accident
5in or about the mine, the inspector be not present, and it be
6found from the evidence given at the inquest that the accident
7was caused by neglect or by any defect in or about the mine, or
8because the mine was operated contrary to the provisions of
9this Act, the medical examiner coroner shall send notice in
10writing to said inspector of such reported neglect or default;
11and the said inspector shall immediately take steps to have an
12investigation made of the same. The medical examiner coroner
13before whom such an inquest is held shall promptly file with
14the inspector of mines a copy of the testimony taken thereat
15and a copy of the verdict rendered by the medical examiner's
16coroner's jury.
17(Source: Laws 1945, p. 1035.)
18 (225 ILCS 710/16) (from Ch. 96 1/2, par. 4223)
19 Sec. 16. Employee failure; investigation. Whenever, in the
20opinion of the inspector of mines, a serious or fatal accident
21in or about any mine in this State shall have been caused by
22failure on the part of the operator or any employee of such
23mine, or by any other person, or by any of them, to observe the
24provisions of this Act, it shall be the duty of the inspector
25to immediately notify the Department of Natural Resources by

HB1735- 217 -LRB102 03913 AWJ 13928 b
1wire or telephone, and cause a copy of the report of such
2accident or a copy of the testimony taken at the medical
3examiner's coroner's inquest, together with the verdict of the
4medical examiner's coroner's jury, and all papers in his or
5her hands relating thereto, to be forwarded to the Department
6of Natural Resources that an investigation may be immediately
7conducted by the Department of Natural Resources, and if they
8concur with the inspector, all reports and testimony so
9assembled shall be delivered to the prosecuting officer of the
10county in which the accident or loss of life occurred,
11together with a statement of the inspector showing in what
12particular or particulars he or she believes the law to have
13been violated, and if upon the receipt thereof the prosecuting
14officer of the said county deems the facts to make a prima
15facie cause of action against any party, that officer shall
16present such evidence to the grand jury and take such further
17steps for the criminal prosecution of such operators,
18employees or other persons as may seem advisable.
19(Source: P.A. 89-445, eff. 2-7-96.)
20 Section 160. The Adult Protective Services Act is amended
21by changing Sections 2, 3, 5, 8, and 15 as follows:
22 (320 ILCS 20/2) (from Ch. 23, par. 6602)
23 Sec. 2. Definitions. As used in this Act, unless the
24context requires otherwise:

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1 (a) "Abuse" means causing any physical, mental or sexual
2injury to an eligible adult, including exploitation of such
3adult's financial resources.
4 Nothing in this Act shall be construed to mean that an
5eligible adult is a victim of abuse, neglect, or self-neglect
6for the sole reason that he or she is being furnished with or
7relies upon treatment by spiritual means through prayer alone,
8in accordance with the tenets and practices of a recognized
9church or religious denomination.
10 Nothing in this Act shall be construed to mean that an
11eligible adult is a victim of abuse because of health care
12services provided or not provided by licensed health care
13professionals.
14 (a-5) "Abuser" means a person who abuses, neglects, or
15financially exploits an eligible adult.
16 (a-6) "Adult with disabilities" means a person aged 18
17through 59 who resides in a domestic living situation and
18whose disability as defined in subsection (c-5) impairs his or
19her ability to seek or obtain protection from abuse, neglect,
20or exploitation.
21 (a-7) "Caregiver" means a person who either as a result of
22a family relationship, voluntarily, or in exchange for
23compensation has assumed responsibility for all or a portion
24of the care of an eligible adult who needs assistance with
25activities of daily living or instrumental activities of daily
26living.

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1 (b) "Department" means the Department on Aging of the
2State of Illinois.
3 (c) "Director" means the Director of the Department.
4 (c-5) "Disability" means a physical or mental disability,
5including, but not limited to, a developmental disability, an
6intellectual disability, a mental illness as defined under the
7Mental Health and Developmental Disabilities Code, or dementia
8as defined under the Alzheimer's Disease Assistance Act.
9 (d) "Domestic living situation" means a residence where
10the eligible adult at the time of the report lives alone or
11with his or her family or a caregiver, or others, or other
12community-based unlicensed facility, but is not:
13 (1) A licensed facility as defined in Section 1-113 of
14 the Nursing Home Care Act;
15 (1.5) A facility licensed under the ID/DD Community
16 Care Act;
17 (1.6) A facility licensed under the MC/DD Act;
18 (1.7) A facility licensed under the Specialized Mental
19 Health Rehabilitation Act of 2013;
20 (2) A "life care facility" as defined in the Life Care
21 Facilities Act;
22 (3) A home, institution, or other place operated by
23 the federal government or agency thereof or by the State
24 of Illinois;
25 (4) A hospital, sanitarium, or other institution, the
26 principal activity or business of which is the diagnosis,

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1 care, and treatment of human illness through the
2 maintenance and operation of organized facilities
3 therefor, which is required to be licensed under the
4 Hospital Licensing Act;
5 (5) A "community living facility" as defined in the
6 Community Living Facilities Licensing Act;
7 (6) (Blank);
8 (7) A "community-integrated living arrangement" as
9 defined in the Community-Integrated Living Arrangements
10 Licensure and Certification Act or a "community
11 residential alternative" as licensed under that Act;
12 (8) An assisted living or shared housing establishment
13 as defined in the Assisted Living and Shared Housing Act;
14 or
15 (9) A supportive living facility as described in
16 Section 5-5.01a of the Illinois Public Aid Code.
17 (e) "Eligible adult" means either an adult with
18disabilities aged 18 through 59 or a person aged 60 or older
19who resides in a domestic living situation and is, or is
20alleged to be, abused, neglected, or financially exploited by
21another individual or who neglects himself or herself.
22"Eligible adult" also includes an adult who resides in any of
23the facilities that are excluded from the definition of
24"domestic living situation" under paragraphs (1) through (9)
25of subsection (d), if either: (i) the alleged abuse or neglect
26occurs outside of the facility and not under facility

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1supervision and the alleged abuser is a family member,
2caregiver, or another person who has a continuing relationship
3with the adult; or (ii) the alleged financial exploitation is
4perpetrated by a family member, caregiver, or another person
5who has a continuing relationship with the adult, but who is
6not an employee of the facility where the adult resides.
7 (f) "Emergency" means a situation in which an eligible
8adult is living in conditions presenting a risk of death or
9physical, mental or sexual injury and the provider agency has
10reason to believe the eligible adult is unable to consent to
11services which would alleviate that risk.
12 (f-1) "Financial exploitation" means the use of an
13eligible adult's resources by another to the disadvantage of
14that adult or the profit or advantage of a person other than
15that adult.
16 (f-5) "Mandated reporter" means any of the following
17persons while engaged in carrying out their professional
18duties:
19 (1) a professional or professional's delegate while
20 engaged in: (i) social services, (ii) law enforcement,
21 (iii) education, (iv) the care of an eligible adult or
22 eligible adults, or (v) any of the occupations required to
23 be licensed under the Clinical Psychologist Licensing Act,
24 the Clinical Social Work and Social Work Practice Act, the
25 Illinois Dental Practice Act, the Dietitian Nutritionist
26 Practice Act, the Marriage and Family Therapy Licensing

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1 Act, the Medical Practice Act of 1987, the Naprapathic
2 Practice Act, the Nurse Practice Act, the Nursing Home
3 Administrators Licensing and Disciplinary Act, the
4 Illinois Occupational Therapy Practice Act, the Illinois
5 Optometric Practice Act of 1987, the Pharmacy Practice
6 Act, the Illinois Physical Therapy Act, the Physician
7 Assistant Practice Act of 1987, the Podiatric Medical
8 Practice Act of 1987, the Respiratory Care Practice Act,
9 the Professional Counselor and Clinical Professional
10 Counselor Licensing and Practice Act, the Illinois
11 Speech-Language Pathology and Audiology Practice Act, the
12 Veterinary Medicine and Surgery Practice Act of 2004, and
13 the Illinois Public Accounting Act;
14 (1.5) an employee of an entity providing developmental
15 disabilities services or service coordination funded by
16 the Department of Human Services;
17 (2) an employee of a vocational rehabilitation
18 facility prescribed or supervised by the Department of
19 Human Services;
20 (3) an administrator, employee, or person providing
21 services in or through an unlicensed community based
22 facility;
23 (4) any religious practitioner who provides treatment
24 by prayer or spiritual means alone in accordance with the
25 tenets and practices of a recognized church or religious
26 denomination, except as to information received in any

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1 confession or sacred communication enjoined by the
2 discipline of the religious denomination to be held
3 confidential;
4 (5) field personnel of the Department of Healthcare
5 and Family Services, Department of Public Health, and
6 Department of Human Services, and any county or municipal
7 health department;
8 (6) personnel of the Department of Human Services, the
9 Guardianship and Advocacy Commission, the State Fire
10 Marshal, local fire departments, the Department on Aging
11 and its subsidiary Area Agencies on Aging and provider
12 agencies, and the Office of State Long Term Care
13 Ombudsman;
14 (7) any employee of the State of Illinois not
15 otherwise specified herein who is involved in providing
16 services to eligible adults, including professionals
17 providing medical or rehabilitation services and all other
18 persons having direct contact with eligible adults;
19 (8) a person who performs the duties of a coroner or
20 medical examiner; or
21 (9) a person who performs the duties of a paramedic or
22 an emergency medical technician.
23 (g) "Neglect" means another individual's failure to
24provide an eligible adult with or willful withholding from an
25eligible adult the necessities of life including, but not
26limited to, food, clothing, shelter or health care. This

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1subsection does not create any new affirmative duty to provide
2support to eligible adults. Nothing in this Act shall be
3construed to mean that an eligible adult is a victim of neglect
4because of health care services provided or not provided by
5licensed health care professionals.
6 (h) "Provider agency" means any public or nonprofit agency
7in a planning and service area that is selected by the
8Department or appointed by the regional administrative agency
9with prior approval by the Department on Aging to receive and
10assess reports of alleged or suspected abuse, neglect, or
11financial exploitation. A provider agency is also referenced
12as a "designated agency" in this Act.
13 (i) "Regional administrative agency" means any public or
14nonprofit agency in a planning and service area that provides
15regional oversight and performs functions as set forth in
16subsection (b) of Section 3 of this Act. The Department shall
17designate an Area Agency on Aging as the regional
18administrative agency or, in the event the Area Agency on
19Aging in that planning and service area is deemed by the
20Department to be unwilling or unable to provide those
21functions, the Department may serve as the regional
22administrative agency or designate another qualified entity to
23serve as the regional administrative agency; any such
24designation shall be subject to terms set forth by the
25Department.
26 (i-5) "Self-neglect" means a condition that is the result

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1of an eligible adult's inability, due to physical or mental
2impairments, or both, or a diminished capacity, to perform
3essential self-care tasks that substantially threaten his or
4her own health, including: providing essential food, clothing,
5shelter, and health care; and obtaining goods and services
6necessary to maintain physical health, mental health,
7emotional well-being, and general safety. The term includes
8compulsive hoarding, which is characterized by the acquisition
9and retention of large quantities of items and materials that
10produce an extensively cluttered living space, which
11significantly impairs the performance of essential self-care
12tasks or otherwise substantially threatens life or safety.
13 (j) "Substantiated case" means a reported case of alleged
14or suspected abuse, neglect, financial exploitation, or
15self-neglect in which a provider agency, after assessment,
16determines that there is reason to believe abuse, neglect, or
17financial exploitation has occurred.
18 (k) "Verified" means a determination that there is "clear
19and convincing evidence" that the specific injury or harm
20alleged was the result of abuse, neglect, or financial
21exploitation.
22(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
23 (320 ILCS 20/3) (from Ch. 23, par. 6603)
24 Sec. 3. Responsibilities.
25 (a) The Department shall establish, design, and manage a

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1protective services program for eligible adults who have been,
2or are alleged to be, victims of abuse, neglect, financial
3exploitation, or self-neglect. The Department shall contract
4with or fund, or contract with and fund, regional
5administrative agencies, provider agencies, or both, for the
6provision of those functions, and, contingent on adequate
7funding, with attorneys or legal services provider agencies
8for the provision of legal assistance pursuant to this Act.
9For self-neglect, the program shall include the following
10services for eligible adults who have been removed from their
11residences for the purpose of cleanup or repairs: temporary
12housing; counseling; and caseworker services to try to ensure
13that the conditions necessitating the removal do not reoccur.
14 (a-1) The Department shall by rule develop standards for
15minimum staffing levels and staff qualifications. The
16Department shall by rule establish mandatory standards for the
17investigation of abuse, neglect, financial exploitation, or
18self-neglect of eligible adults and mandatory procedures for
19linking eligible adults to appropriate services and supports.
20 (a-5) A provider agency shall, in accordance with rules
21promulgated by the Department, establish a multi-disciplinary
22team to act in an advisory role for the purpose of providing
23professional knowledge and expertise in the handling of
24complex abuse cases involving eligible adults. Each
25multi-disciplinary team shall consist of one volunteer
26representative from the following professions: banking or

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1finance; disability care; health care; law; law enforcement;
2mental health care; and clergy. A provider agency may also
3choose to add representatives from the fields of substance
4abuse, domestic violence, sexual assault, or other related
5fields. To support multi-disciplinary teams in this role, law
6enforcement agencies and coroners or medical examiners shall
7supply records as may be requested in particular cases.
8 (b) Each regional administrative agency shall designate
9provider agencies within its planning and service area with
10prior approval by the Department on Aging, monitor the use of
11services, provide technical assistance to the provider
12agencies and be involved in program development activities.
13 (c) Provider agencies shall assist, to the extent
14possible, eligible adults who need agency services to allow
15them to continue to function independently. Such assistance
16shall include, but not be limited to, receiving reports of
17alleged or suspected abuse, neglect, financial exploitation,
18or self-neglect, conducting face-to-face assessments of such
19reported cases, determination of substantiated cases, referral
20of substantiated cases for necessary support services,
21referral of criminal conduct to law enforcement in accordance
22with Department guidelines, and provision of case work and
23follow-up services on substantiated cases. In the case of a
24report of alleged or suspected abuse or neglect that places an
25eligible adult at risk of injury or death, a provider agency
26shall respond to the report on an emergency basis in

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1accordance with guidelines established by the Department by
2administrative rule and shall ensure that it is capable of
3responding to such a report 24 hours per day, 7 days per week.
4A provider agency may use an on-call system to respond to
5reports of alleged or suspected abuse or neglect after hours
6and on weekends.
7 (c-5) Where a provider agency has reason to believe that
8the death of an eligible adult may be the result of abuse or
9neglect, including any reports made after death, the agency
10shall immediately report the matter to both the appropriate
11law enforcement agency and the coroner or medical examiner.
12Between 30 and 45 days after making such a report, the provider
13agency again shall contact the law enforcement agency and
14coroner or medical examiner to determine whether any further
15action was taken. Upon request by a provider agency, a law
16enforcement agency and coroner or medical examiner shall
17supply a summary of its action in response to a reported death
18of an eligible adult. A copy of the report shall be maintained
19and all subsequent follow-up with the law enforcement agency
20and coroner or medical examiner shall be documented in th