Bill Text: IL HB4942 | 2023-2024 | 103rd General Assembly | Enrolled
Bill Title: Amends the Counties Code. Provides that, if a drug overdose is determined to be the cause or a contributing factor in a death, the coroner or medical examiner shall report the following information, at a minimum, to the Department of Public Health: (i) if known or knowable (rather than if possible), the cause of the overdose; (ii) whether or not fentanyl was part or all of the consumed substance; (iii) if fentanyl is part of the consumed substance, what other substances were consumed, if known or knowable; and (iv) if fentanyl is part of the consumed substance, in what proportion was fentanyl consumed to other substance or substances, if known or knowable. Currently, the report only requires the coroner to report, if possible, the cause of the overdose. Provides that the coroner must also communicate whether there was a suspicious level of fentanyl in combination with other controlled substances present to all law enforcement agencies in whose jurisdiction the deceased's body was found within 24 hours after receipt of the toxicology results whether or not a cause of death has been determined.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Enrolled) 2024-06-26 - Sent to the Governor [HB4942 Detail]
Download: Illinois-2023-HB4942-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | ||||||
5 | Section 3-3013 as follows:
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6 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) | ||||||
7 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
8 | analysis; summoning jury; reports. Every coroner, whenever, | ||||||
9 | as soon as he knows or is informed that the dead body of any | ||||||
10 | person is found, or lying within his county, whose death is | ||||||
11 | suspected of being: | ||||||
12 | (a) A sudden or violent death, whether apparently | ||||||
13 | suicidal, homicidal, or accidental, including, but not | ||||||
14 | limited to, deaths apparently caused or contributed to by | ||||||
15 | thermal, traumatic, chemical, electrical, or radiational | ||||||
16 | injury, or a complication of any of them, or by drowning or | ||||||
17 | suffocation, or as a result of domestic violence as | ||||||
18 | defined in the Illinois Domestic Violence Act of 1986; | ||||||
19 | (b) A death due to a sex crime; | ||||||
20 | (c) A death where the circumstances are suspicious, | ||||||
21 | obscure, mysterious, or otherwise unexplained or where, in | ||||||
22 | the written opinion of the attending physician, the cause | ||||||
23 | of death is not determined; |
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1 | (d) A death where addiction to alcohol or to any drug | ||||||
2 | may have been a contributory cause; or | ||||||
3 | (e) A death where the decedent was not attended by a | ||||||
4 | licensed physician; | ||||||
5 | shall go to the place where the dead body is and take charge of | ||||||
6 | the same and shall make a preliminary investigation into the | ||||||
7 | circumstances of the death. In the case of death without | ||||||
8 | attendance by a licensed physician, the body may be moved with | ||||||
9 | the coroner's consent from the place of death to a mortuary in | ||||||
10 | the same county. Coroners in their discretion shall notify | ||||||
11 | such physician as is designated in accordance with Section | ||||||
12 | 3-3014 to attempt to ascertain the cause of death, either by | ||||||
13 | autopsy or otherwise. | ||||||
14 | In cases of accidental death involving a motor vehicle in | ||||||
15 | which the decedent was (1) the operator or a suspected | ||||||
16 | operator of a motor vehicle, or (2) a pedestrian 16 years of | ||||||
17 | age or older, the coroner shall require that a blood specimen | ||||||
18 | of at least 30 cc., and if medically possible a urine specimen | ||||||
19 | of at least 30 cc. or as much as possible up to 30 cc., be | ||||||
20 | withdrawn from the body of the decedent in a timely fashion | ||||||
21 | after the crash causing his death, by such physician as has | ||||||
22 | been designated in accordance with Section 3-3014, or by the | ||||||
23 | coroner or deputy coroner or a qualified person designated by | ||||||
24 | such physician, coroner, or deputy coroner. If the county does | ||||||
25 | not maintain laboratory facilities for making such analysis, | ||||||
26 | the blood and urine so drawn shall be sent to the Illinois |
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1 | State Police or any other accredited or State-certified | ||||||
2 | laboratory for analysis of the alcohol, carbon monoxide, and | ||||||
3 | dangerous or narcotic drug content of such blood and urine | ||||||
4 | specimens. Each specimen submitted shall be accompanied by | ||||||
5 | pertinent information concerning the decedent upon a form | ||||||
6 | prescribed by such laboratory. Any person drawing blood and | ||||||
7 | urine and any person making any examination of the blood and | ||||||
8 | urine under the terms of this Division shall be immune from all | ||||||
9 | liability, civil or criminal, that might otherwise be incurred | ||||||
10 | or imposed. | ||||||
11 | In all other cases coming within the jurisdiction of the | ||||||
12 | coroner and referred to in subparagraphs (a) through (e) | ||||||
13 | above, blood, and, whenever possible, urine samples shall be | ||||||
14 | analyzed for the presence of alcohol and other drugs. When the | ||||||
15 | coroner suspects that drugs may have been involved in the | ||||||
16 | death, either directly or indirectly, a toxicological | ||||||
17 | examination shall be performed which may include analyses of | ||||||
18 | blood, urine, bile, gastric contents, and other tissues. When | ||||||
19 | the coroner suspects a death is due to toxic substances, other | ||||||
20 | than drugs, the coroner shall consult with the toxicologist | ||||||
21 | prior to collection of samples. Information submitted to the | ||||||
22 | toxicologist shall include information as to height, weight, | ||||||
23 | age, sex, and race of the decedent as well as medical history, | ||||||
24 | medications used by, and the manner of death of the decedent. | ||||||
25 | When the coroner or medical examiner finds that the cause | ||||||
26 | of death is due to homicidal means, the coroner or medical |
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1 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
2 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
3 | obtained), whenever possible, to be withdrawn from the body of | ||||||
4 | the decedent in a timely fashion. For proper preservation of | ||||||
5 | the specimens, collected blood and buccal specimens shall be | ||||||
6 | dried and tissue specimens shall be frozen if available | ||||||
7 | equipment exists. As soon as possible, but no later than 30 | ||||||
8 | days after the collection of the specimens, the coroner or | ||||||
9 | medical examiner shall release those specimens to the police | ||||||
10 | agency responsible for investigating the death. As soon as | ||||||
11 | possible, but no later than 30 days after the receipt from the | ||||||
12 | coroner or medical examiner, the police agency shall submit | ||||||
13 | the specimens using the agency case number to a National DNA | ||||||
14 | Index System (NDIS) participating laboratory within this | ||||||
15 | State, such as the Illinois State Police, Division of Forensic | ||||||
16 | Services, for analysis and categorizing into genetic marker | ||||||
17 | groupings. The results of the analysis and categorizing into | ||||||
18 | genetic marker groupings shall be provided to the Illinois | ||||||
19 | State Police and shall be maintained by the Illinois State | ||||||
20 | Police in the State central repository in the same manner, and | ||||||
21 | subject to the same conditions, as provided in Section 5-4-3 | ||||||
22 | of the Unified Code of Corrections. The requirements of this | ||||||
23 | paragraph are in addition to any other findings, specimens, or | ||||||
24 | information that the coroner or medical examiner is required | ||||||
25 | to provide during the conduct of a criminal investigation. | ||||||
26 | In all counties, in cases of apparent suicide, homicide, |
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1 | or accidental death or in other cases, within the discretion | ||||||
2 | of the coroner, the coroner may summon 8 persons of lawful age | ||||||
3 | from those persons drawn for petit jurors in the county. The | ||||||
4 | summons shall command these persons to present themselves | ||||||
5 | personally at such a place and time as the coroner shall | ||||||
6 | determine, and may be in any form which the coroner shall | ||||||
7 | determine and may incorporate any reasonable form of request | ||||||
8 | for acknowledgment which the coroner deems practical and | ||||||
9 | provides a reliable proof of service. The summons may be | ||||||
10 | served by first class mail. From the 8 persons so summoned, the | ||||||
11 | coroner shall select 6 to serve as the jury for the inquest. | ||||||
12 | Inquests may be continued from time to time, as the coroner may | ||||||
13 | deem necessary. The 6 jurors selected in a given case may view | ||||||
14 | the body of the deceased. If at any continuation of an inquest | ||||||
15 | one or more of the original jurors shall be unable to continue | ||||||
16 | to serve, the coroner shall fill the vacancy or vacancies. A | ||||||
17 | juror serving pursuant to this paragraph shall receive | ||||||
18 | compensation from the county at the same rate as the rate of | ||||||
19 | compensation that is paid to petit or grand jurors in the | ||||||
20 | county. The coroner shall furnish to each juror without fee at | ||||||
21 | the time of his discharge a certificate of the number of days | ||||||
22 | in attendance at an inquest, and, upon being presented with | ||||||
23 | such certificate, the county treasurer shall pay to the juror | ||||||
24 | the sum provided for his services. | ||||||
25 | In counties which have a jury commission, in cases of | ||||||
26 | apparent suicide or homicide or of accidental death, the |
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1 | coroner may conduct an inquest. The jury commission shall | ||||||
2 | provide at least 8 jurors to the coroner, from whom the coroner | ||||||
3 | shall select any 6 to serve as the jury for the inquest. | ||||||
4 | Inquests may be continued from time to time as the coroner may | ||||||
5 | deem necessary. The 6 jurors originally chosen in a given case | ||||||
6 | may view the body of the deceased. If at any continuation of an | ||||||
7 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
8 | unable to continue to serve, the coroner shall fill the | ||||||
9 | vacancy or vacancies. At the coroner's discretion, additional | ||||||
10 | jurors to fill such vacancies shall be supplied by the jury | ||||||
11 | commission. A juror serving pursuant to this paragraph in such | ||||||
12 | county shall receive compensation from the county at the same | ||||||
13 | rate as the rate of compensation that is paid to petit or grand | ||||||
14 | jurors in the county. | ||||||
15 | In every case in which a fire is determined to be a | ||||||
16 | contributing factor in a death, the coroner shall report the | ||||||
17 | death to the Office of the State Fire Marshal. The coroner | ||||||
18 | shall provide a copy of the death certificate (i) within 30 | ||||||
19 | days after filing the permanent death certificate and (ii) in | ||||||
20 | a manner that is agreed upon by the coroner and the State Fire | ||||||
21 | Marshal. | ||||||
22 | In every case in which a drug overdose is officially | ||||||
23 | determined to be the cause or a contributing factor in the | ||||||
24 | death, the coroner or medical examiner shall report the death | ||||||
25 | to the Department of Public Health. The Department of Public | ||||||
26 | Health shall adopt rules regarding specific information that |
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1 | must be reported in the event of such a death , including, at a | ||||||
2 | minimum, the following information, if possible: (i) . If | ||||||
3 | possible, the coroner shall report the cause of the overdose ; | ||||||
4 | (ii) whether or not fentanyl was part or all of the consumed | ||||||
5 | substance; (iii) if fentanyl is part of the consumed | ||||||
6 | substance, what other substances were consumed; and (iv) if | ||||||
7 | fentanyl is part of the consumed substance, in what proportion | ||||||
8 | was fentanyl consumed to other substance or substances. The | ||||||
9 | coroner must also communicate whether there was a suspicious | ||||||
10 | level of fentanyl in combination with other controlled | ||||||
11 | substances present to all law enforcement agencies in whose | ||||||
12 | jurisdiction the deceased's body was found in a prompt manner . | ||||||
13 | As used in this paragraph Section , "overdose" has the same | ||||||
14 | meaning as it does in Section 414 of the Illinois Controlled | ||||||
15 | Substances Act. The Department of Public Health shall issue a | ||||||
16 | semiannual report to the General Assembly summarizing the | ||||||
17 | reports received. The Department shall also provide on its | ||||||
18 | website a monthly report of overdose death figures organized | ||||||
19 | by location, age, and any other factors the Department deems | ||||||
20 | appropriate. | ||||||
21 | In addition, in every case in which domestic violence is | ||||||
22 | determined to be a contributing factor in a death, the coroner | ||||||
23 | shall report the death to the Illinois State Police. | ||||||
24 | All deaths in State institutions and all deaths of wards | ||||||
25 | of the State or youth in care as defined in Section 4d of the | ||||||
26 | Children and Family Services Act in private care facilities or |
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