Bill Text: IL HB3459 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to annually report to the General Assembly the data collected by and reported to the Department concerning deaths in which an opioid overdose is determined to be a contributing factor. Amends the Counties Code. Provides that in every case in which an opioid overdose is determined to be a contributing factor in a death, the coroner shall report the death and the age, gender, race, and county of residence, if known, of the decedent to the Department.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-08-07 - Added Co-Sponsor Rep. Lindsey LaPointe [HB3459 Detail]

Download: Illinois-2019-HB3459-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3459

Introduced , by Rep. Lance Yednock

SYNOPSIS AS INTRODUCED:
20 ILCS 2310/2310-316 new
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to annually report to the General Assembly the data collected by and reported to the Department concerning deaths in which an opioid overdose is determined to be a contributing factor. Amends the Counties Code. Provides that in every case in which an opioid overdose is determined to be a contributing factor in a death, the coroner shall report the death and the age, gender, race, and county of residence, if known, of the decedent to the Department.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-316 as follows:
7 (20 ILCS 2310/2310-316 new)
8 Sec. 2310-316. Opioid overdose reporting.
9 (a) The Department shall adopt rules to implement the
10requirements of this amendatory Act of the 101st General
11Assembly.
12 (b) The Department shall annually report to the General
13Assembly the data collected under this Section and the data
14reported to the Department concerning deaths in which an opioid
15overdose is determined to be a contributing factor, as required
16by Section 3-3013 of the Counties Code. The report shall
17specify the data for each county.
18 Section 10. The Counties Code is amended by changing
19Section 3-3013 as follows:
20 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
21 Sec. 3-3013. Preliminary investigations; blood and urine

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1analysis; summoning jury; reports. Every coroner, whenever, as
2soon as he knows or is informed that the dead body of any
3person is found, or lying within his county, whose death is
4suspected of being:
5 (a) A sudden or violent death, whether apparently
6 suicidal, homicidal or accidental, including but not
7 limited to deaths apparently caused or contributed to by
8 thermal, traumatic, chemical, electrical or radiational
9 injury, or a complication of any of them, or by drowning or
10 suffocation, or as a result of domestic violence as defined
11 in the Illinois Domestic Violence Act of 1986;
12 (b) A maternal or fetal death due to abortion, or any
13 death due to a sex crime or a crime against nature;
14 (c) A death where the circumstances are suspicious,
15 obscure, mysterious or otherwise unexplained or where, in
16 the written opinion of the attending physician, the cause
17 of death is not determined;
18 (d) A death where addiction to alcohol or to any drug
19 may have been a contributory cause; or
20 (e) A death where the decedent was not attended by a
21 licensed physician;
22shall go to the place where the dead body is, and take charge
23of the same and shall make a preliminary investigation into the
24circumstances of the death. In the case of death without
25attendance by a licensed physician the body may be moved with
26the coroner's consent from the place of death to a mortuary in

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1the same county. Coroners in their discretion shall notify such
2physician as is designated in accordance with Section 3-3014 to
3attempt to ascertain the cause of death, either by autopsy or
4otherwise.
5 In cases of accidental death involving a motor vehicle in
6which the decedent was (1) the operator or a suspected operator
7of a motor vehicle, or (2) a pedestrian 16 years of age or
8older, the coroner shall require that a blood specimen of at
9least 30 cc., and if medically possible a urine specimen of at
10least 30 cc. or as much as possible up to 30 cc., be withdrawn
11from the body of the decedent in a timely fashion after the
12accident causing his death, by such physician as has been
13designated in accordance with Section 3-3014, or by the coroner
14or deputy coroner or a qualified person designated by such
15physician, coroner, or deputy coroner. If the county does not
16maintain laboratory facilities for making such analysis, the
17blood and urine so drawn shall be sent to the Department of
18State Police or any other accredited or State-certified
19laboratory for analysis of the alcohol, carbon monoxide, and
20dangerous or narcotic drug content of such blood and urine
21specimens. Each specimen submitted shall be accompanied by
22pertinent information concerning the decedent upon a form
23prescribed by such laboratory. Any person drawing blood and
24urine and any person making any examination of the blood and
25urine under the terms of this Division shall be immune from all
26liability, civil or criminal, that might otherwise be incurred

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

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1agency responsible for investigating the death. As soon as
2possible, but no later than 30 days after the receipt from the
3coroner or medical examiner, the police agency shall submit the
4specimens using the agency case number to a National DNA Index
5System (NDIS) participating laboratory within this State, such
6as the Illinois Department of State Police, Division of
7Forensic Services, for analysis and categorizing into genetic
8marker groupings. The results of the analysis and categorizing
9into genetic marker groupings shall be provided to the Illinois
10Department of State Police and shall be maintained by the
11Illinois Department of State Police in the State central
12repository in the same manner, and subject to the same
13conditions, as provided in Section 5-4-3 of the Unified Code of
14Corrections. The requirements of this paragraph are in addition
15to any other findings, specimens, or information that the
16coroner or medical examiner is required to provide during the
17conduct of a criminal investigation.
18 In all counties, in cases of apparent suicide, homicide, or
19accidental death or in other cases, within the discretion of
20the coroner, the coroner may summon 8 persons of lawful age
21from those persons drawn for petit jurors in the county. The
22summons shall command these persons to present themselves
23personally at such a place and time as the coroner shall
24determine, and may be in any form which the coroner shall
25determine and may incorporate any reasonable form of request
26for acknowledgement which the coroner deems practical and

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

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1or vacancies. At the coroner's discretion, additional jurors to
2fill such 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 coroner shall report the
9death to the Office of the State Fire Marshal. The coroner
10shall provide a copy of the death certificate (i) within 30
11days after filing the permanent death certificate and (ii) in a
12manner that is agreed upon by the coroner and the State Fire
13Marshal.
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 coroner shall
20report the cause of the overdose. As used in this Section,
21"overdose" has the same meaning as it does in Section 414 of
22the Illinois Controlled Substances Act. The Department of
23Public Health shall issue a semiannual report to the General
24Assembly summarizing the reports received. The Department
25shall also provide on its website a monthly report of overdose
26death figures organized by location, age, and any other

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1factors, 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 coroner
4shall report the death to the Department of State Police.
5 In addition, in every case in which an opioid overdose is
6determined to be a contributing factor in a death, the coroner
7shall report the death and the age, gender, race, and county of
8residence, if known, of the decedent to the Department of
9Public Health.
10 All deaths in State institutions and all deaths of wards of
11the State or youth in care as defined in Section 4d of the
12Children and Family Services Act in private care facilities or
13in programs funded by the Department of Human Services under
14its powers relating to mental health and developmental
15disabilities or alcoholism and substance abuse or funded by the
16Department of Children and Family Services shall be reported to
17the coroner of the county in which the facility is located. If
18the coroner has reason to believe that an investigation is
19needed to determine whether the death was caused by
20maltreatment or negligent care of the ward of the State or
21youth in care as defined in Section 4d of the Children and
22Family Services Act, the coroner may conduct a preliminary
23investigation of the circumstances of such death as in cases of
24death under circumstances set forth in paragraphs (a) through
25(e) of this Section.
26(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,

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1eff. 7-28-16; 100-159, eff. 8-18-17.)
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