Office of the Kane County State's Attorney

JOSEPH H. MCMAHONState's Attorney

Kane County Judicial Center37W777 Route 38 Suite 300St. Charles, Illinois 60175

General Offices:(630) 232.3500

June 28, 2013

All Kane County Chiefs of Police; Fire Department Chiefs; Sheriff Perez andCoroner Russell

Re: Kane County Homicide and Questionable Death Protocol

Please find attached an updated version of the Kane County Homicide and Questionable DeathProtocol. This protocol was updated with the help of representatives from the Kane CountyChiefs of Police Association. the Fire Chief's Association, Sheriff Perez, Elgin and Aurora Policeand Fire Departments and Coroner Russell.

Thank you for sharing your expertise and experience to revise the protocol.

Sincerely,

/ JIephH.McMahon7 Kane County State's Attorney

Enc.

KANE COUNTY HOMICIDE AND QUESTIONABLEDEATH PROTOCOL

I. PURPOSE:

Pursuant to Illinois Compiled Statutes. Chapter 55, Section 5/5-1 085.5 and Chapter 555/3-3020. the purpose of this procedural outline shall be as follows:

A. To establish areas of responsibility for various agencies normally involved in ahomicide and questionable death investigations.

B. To establish procedures for each agency to follow in pursuing its part in theinvestigation so that a common procedure will be used throughout Kane County.

C. To establish areas of cooperation where the various agencies can assist each other.

IL SCOPE

A. The procedural outline is intended to cover all investigation into homicides andquestionable deaths which occur or which are discovered in Kane County.

The basis for the death investigation requirements are set forth in Illinois CompiledStatutes, Chapter 55 5/3-3013, which reads in part "Preliminary Investigation: EveryCoroner, whenever, as soon as he knows or is informed that the dead body of anyperson is found, or lying within his county or death is suspected of being:

(a) A sudden or violent death, whether apparently suicidal, homicidal, oraccidental, including but not limited to deaths apparently caused or contributedto by thermal, traumatic, chemical, electrical or radiation injury or acomplication of any of them, or by drowning or suffocation;

(b) In maternal or fetal death due to abortion or any death due to a sex crime or acrime against nature;

(c) A death where circumstances are suspicious, obscure, mysterious, or otherwiseunexplained, or where, in the written opinion of the attending physician, thecause of death is not determined;

(d) Addiction to alcohol or to any drug may have been a contributory cause; or

(e)- A death where a decedent was not attended by a licensed physician; shall go tothe place where the dead body is and take charge of same and shall make apreliminary investigation into the circumstances of the death. In the case ofdeath without attendance by a licensed physician, the bod y may be moved withthe Coroner's consent from the place of death to a morgue or mortuary in thesame county. Coroners in their discretion shall notify such physician as isdesignated in accordance with Section 5/3-3014, to attempt to ascertain thecause of death either by autopsy or otherwise.

B. When a person dies as a result of circumstances specified in Subsection (a through e)of this section or is found dead and the cause of death is unknown, persons covered bythis protocol shall report promptly to the Coroner or his designee and the Coronershall take legal custody of the body. The body of any such person shall not beremoved from the. place of death except upon the authority of the Coroner and inconsultation with the local law enforcement agency, or the State's Attorney nor shallany article on or immediatel y surrounding such body be disturbed until authorized bythe Coroner and in consultation with the law enforcement agency or the State'sAttorney,

The Coroner and the law enforcement agency must conduct a thorough investigationthat establishes the identity of the victim and the offender, as well as providing a baseot'conipctent evidence upon which to proceed with prosecution.

The Coroner must make all necessary inquiry to establish a cause and manner of deathof any person in his/her jurisdiction who may have been the victim of criminalactivity.

C. The Kane County Coroner's Office, Kane County Law Enforcement Agencies, and theKane County State's Attorney mutually agree that in all situations covered within thescope of this policy where the mortal trauma occurs in Kane County, they will makeevery reasonable effort to insure that a proper postmortem investigation and/orautopsy when necessary is provided.

HI. DEFINITIONS

A. Law Enforcement Agencies

Henceforth, all municipal police agencies within Kane County, the Kane CountySheriffs Office, and the Illinois State Police will be referred to collectively as 'LawEnforcement Agencies."

B. Homicide

The act of a human being taking the life of another human being, whether criminal,justifiable or otherwise.

C. Jurisdiction

All areas that are within the boundaries of Kane County, State of Illinois.

IV. AGENCIES CONCERNED AND GENERAL AREAS OF RESPONSIBILITY

A. Law Enforcement Agencies

The function of law enforcement agencies is to collect all evidence from the deathscene and from other sources, which bears on the issues of a criminal investigation.

B. Coroner (or his designee)

The Coroner's function is to make all necessary inquiry to establish a cause andmanner of'death of the deceased person. Specific responsibility:

(a) Take custody of body:

(b) Responsible in the identification of the deceased through various forensicevidentiary procedures such as medical and dental records or by other means asthe circumstances warrant;

(c) Inventory and seize the personal effects of the deceased;

(d) Assure proper notification of the deceased's next of kin in cooperation with thelaw enforcement agency.

C. Fire Departments/Rescue

The lire department is generally called to the scene in an effort to preserve the life ofthe victim. In fire related deaths, the function of the tire department is to extinguishthe lire and determine the cause and origin of the fire in cooperation with the lawenforcement agency.

D. State's Attorney

The State's Attorney's function is to act as an advisor on the legal consequences ofevidence gathering and its bearing upon the proof required to gain a conviction and asa monitor to insure the consistency of investigations conducted within the jurisdiction.

V. NOTIFICATION AND CUSTODY OF THE SCENE

A. Law Enforcement Agencies

(a) Law enforcement agencies have the primary responsibility for conducting theinvestigation at a homicide or questionable death scene within their respectivejurisdictions. They must be notified immediately by whatever agency first arriveson the scene and a member of the law enforcement agency will go to the sceneupon notification.

(h) The law enforcement agency shall have custody of the scene upon its arrival andall other agencies shall follow its instructions concerning the processing of thescene. However, the body shall not be moved or disturbed in any way, except asis essential for the preservation of life or immediate collection and preservation ofevidence and identification or necessary to protect such body from damage ordestruction

(c) Upon arrival to the scene, law enforcement personnel shall notify the Coronerpromptly. If the Coroner decides that the death is neither a homicide norsuspicious, arrival by the Coroner at the scene may not be necessary and is at thediscretion of the Coroner. If the Coroner does respond to the scene, the body will

not be disturbed in any manner other than by Coroners personnel, except whereexigent circumstances exist. If exigent circumstances do exist, all such activityshall be articulated and documented.

B. Coroner

(a) When the Coroner arrives at the scene, he/she should, without disturbance,examine the body, pronounce death and immediately notify the appropriate lawenforcement agency. He/she should then preserve the scene until the arrival ofthat law enforcement agenc y . Nothing, including the body, should be disturbeduntil the law enforcement agency personnel have arrived and completed theirprocessing of the scene.

(h) When extraordinary circumstances deem it advisable, it will be to the discretionof the Coroner if the forensic pathologist is to respond to the scene and consult inthe investigation. This is solely the responsibility of the Coroner.

(c) The next of kin of the deceased will not he notified by the Coroner's Office or thelaw enforcement agency until consultation is made with each other. Suchnotification will be made by the Coroner or the law enforcement agency and willbe dependent on the circumstances of the particular case. When the deceased is apolice officer, the law enforcement agency will notify the next of kin according todepartmental policy. When the deceased is a firefighter, the fire department willnotify the next of kin according to departmental policy.

(d) If the death is that of a firefighter, the Coroner will Follow the FirefighterAutopsy Protocol set forth by the Federal Emergency Management Agency andthe United States Fire Administration.

(c) If the death is that of a law enforcement officer in the line of duty, the Coronerwill follow the protocol set forth by the officer's department.

C. Fire, Paramedic, and Ambulance Units

(a) Unless death is obvious appropriate EMS units shall be notified by the firstagency on the scene. Obviously dead means non-breathing, pulseless,asystolie, and one of the following injuries and/or long term indications ofdeath: decapitation, thoracic/abdominal transection; rigor mortis withouthypothermia; profound dependent lividity; decomposition;mum mificationlputrification; incineration; frozen state; trauma where CPR isimpossible.

(h) If the EMS unit is the first agency on the scene where death is obvious, it shallimmediately notify the appropriate law enforcement agency and preserve theintegrity of the scene until the arrival of the agency. In order to ensure theintegrity of the scene until the arrival of the law enforcement agency, only thoseEMS units necessary to preserve the lives of the victims should enter the scene.Law enforcement personnel will take custody of the scene immediately upon

their arrival.

(c) Immediate notification shall be made to the Coroner by either the firedepartment personnel, paramedics, or any personnel of the ambulance units, orlaw enforcement personnel, in accordance with the Illinois Compiled Statutes,Section 5/3-3020 Coroner to he notified."

D. State's Attorney

(a) In all cases of homicide. probable homicide, or questionable death and in lawenforcement situations that present a substantial risk of homicide.), the lawenforcement investigator in charge of the incident shall promptly insure thatthe on-call State's Attorney's representative is notified from the State'sAttorney's representative will determine whether it is appropriate to respond tothe scene. The State's Attorney's representative shall respond with additionalState's Attorney personnel as necessary after consultation with the lawenforcement officer in charge of the incident.

VL UNIFORM, HOMICIDE AND QUESTIONABLE DEATH PROCEDURES

A. Unless death is obvious at the time the first agency arrives at the scene , all appropriateaid shall be given. Nothin g in this procedure outline shall be interpreted to precludeariv action necessary to save the life of the victim or circumvent the respondingagencies procedures and policies However, consistent with the foregoing, thefollowing procedure shall be observed by all law enforcement agencies, fire,paramedics or ambulance personnel who render aid to a victim.

(a) The first agency that arrives (Police or Fire) shall render aid if needed.

(h) If emergency aid is not needed due to death, the Fire Department Shall note the

time of Death to the Police Officer.

(c) The Police Department will take over the scene according to their Standard

Operating Policies and Procedures.

(d) The Police Department in addition to their Standard Operating Policies and

Procedures shall:

1. Designate an Officer lobe in charge of the scene until relieved by an

Evidence Technician or Detective.

2. Secure the Crime Scene

3. Contact the Coroner.

4. Start and maintain a Crime Log to include the Fire Personal that originally

entered into the scene.

5. Collect any information pertaining to items that may have been moved

during the initial entry into the building/car.

6. If necessary to move the victim note the position of the victim before the

movement.

7, Gather basic information pertaining to the victim (name, sex, birthdate,

family members).

The Fire Department in addition to their Standard Operating Policies and

Procedures shall:

1. Ensure the scene is safe to enter.

2. Upon entering render aid if needed and note the position of the victim.

3. Should the victim be deceased they shall note the time of death to the

Police.

4. Notify the Police of anything that they may have moved entering into the

scene.

5. Make all possible attempts not to cut through blood stains, bullet, tears in

clothing.6. Exit the scene the same way they entered.

7. Turn over the scene to the Police Department.

D. The body shall not be moved until the Coroner has been consulted with by theinvestigating agency. At that time, the Coroner shall take charge of the body and theboth' will not be disturbed at any point unless done so at the Coroner's direction or byhis/her personnel.

E. The removal of the body shall be directed by the Coroner and shall be done in amanner as prescribed by the Coroner's procedures, which include but are not limitedto, the removal of the body placed on either a plastic or a white cloth sheet and to besealed in a body bag. This does not preclude the law enforcement agency fromexamining and photographing all evidence which is disclosed by movement of thebody , however, it will not allow for any evidence to be removed from the body untilsuch time at the morgue, unless approved by the Coroner.

F. The Coroner shall take custody of the body "as is". The Coroner shall inventory allitems found on the person of the deceased. Then the law enforcement agencypersonnel shall take custody of all such items if deemed to be of evidential value,otherwise, the Coroner is responsible for such custody. No other agency shall removeor even handle items of evidence other than property at the scene. The body and allproperty on or about the body are the direct responsibility of the Coroners Office asoutlined in previous sections mentioned earlier.

VII. POST-MORTEM EXAMINATION

A. A post-mortem examination will be performed by a forensic pathologist at thedirection of the Coroner in all cases where the suspected manner of death is ahomicide or questionable. Exceptions to this procedure shall be allowed by mutualagreement between the Coroner and the State's Attorney's Office with input from thelaw enforcement agency.

(c)

6

B. The Coroner will give the appropriate law enforcement agency sufficient notice of timeand place of autopsy to be performed so that if warranted, they may haverepresentatives there to collect evidence and observe

C. Any verbal preliminary status reports, not involving opinions that are given ordelivered by the pathologist to the Coroner at the autopsy, should be considered that ofpurely speculative information. The final written autopsy report will not be availableuntil at such time the inquest date has been established or at such time that the report isreleased to the State's Attorney or appropriate law enforcement agency by theCoroner's Office.

D. The preliminary verbal report of the scene investigation will be made to the Coroner bythe investigator in charge or his/her designee.

E. At the time the autopsy is being performed, the law enforcement agency shall providethe Coroner and forensic pathologist with all information obtained from the sceneinvestigation which the Coroner and forensic pathologist deems necessary to the properperformance of autopsy or the evaluation of autopsy findings.

F. The forensic pathologist and the Coroner will examine the body and items on the bodyand collect items of physical evidence of all evidentiary value. The release of allevidentiary items on or in the body will be at the direction of the Coroner. In mostinstances, any items of evidentiary value found upon the body will be returned orrelinquished to that of the law enforcement agency or crime laboratory. Any bodyfluids, tissue, or other samples will be retained and properly examined for evidentiaryvalue by the Coroner's office, unless otherwise so relinquished by the Coroner.

VIII. ORGAN TRANSPLANTS

The Coroner, the State's Attorney and the law enforcement agencies of Kane County agreethat victims who have died of possible criminal trauma occurring in Kane County areeligible as prospective donors for organ transplants, unless organ transplant would impair orimpede the criminal investigation.

IX, INFORMATION RELEASE

The appropriate law enforcement agency shall have the sole responsibility and authority toregulate release of information pertaining to the case under investigation that is covered bythis policy. The involved law enforcement agencies shall not give a direct cause of deathuntil such time of the inquest or such time is necessary for the prosecution of the case. Eachagency must be aware of the requirements of Illinois Supreme Court Rule 3.8, regardingmaking extrajudicial statements that pose a serious threat to the fairness of a criminalproceeding.

X. SIGNATURES

McMahon, Kane County States Attorney

2 --' )Patrick B. Perez, Kane County Snff

L. Robert Russell, Kane County Coroner

/3Date

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Date

Date

r Information maintained by the Legislative Reference BureauUpdating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be

included in the II-CS database, but they are found on this site as Public Acts soon after they become law. Forinformation concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes aresometimes included in the statute database before they take effect. If the source note at the end of a Section of the

statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may havealready been removed from the database and you should refer to that Public Act to see the changes made to the

current law.

COUNTIES(55 ILCS 5/) Counties Code.

(55 ILCS 5/Div. 3-3 heading)Division 3-3. Coroner

(55 ILCS 5/3-3001) (from Oh. 34, par. 3-3001)Sec. 3-3001. Commission; training; duties performed by

other county officer.(a) Every coroner shall be commissioned by the Governor,

but no commission shall issue except upon the certificate ofthe county clerk of the proper county of the due election orappointment of the coroner and that the coroner has filed hisor her bond and taken the oath of office as provided in thisDivision.

(b) (1) Within 30 days of assuming office, a coronerelected to that office for the first time shall apply foradmission to the Illinois Law Enforcement TrainingStandards Board coroners training program. Completion ofthe training program shall be within 6 months ofapplication. Any coroner may direct the chief deputycoroner or a deputy coroner, or both, to attend thetraining program, provided the coroner has completed thetraining program. Satisfactory completion of the programshall be evidenced by a certificate issued to the coronerby the Illinois Law Enforcement Training Standards Board.All coroners shall complete the training program at leastonce while serving as coroner.

(2) In developing the coroner training program, theIllinois Law Enforcement Training Standards Board shallconsult with the Illinois Coroners Association and the

Illinois Necropsy Board.(3) The Illinois Law Enforcement Training Standards

Board shall notify the proper county board of the failureby a coroner to successfully complete this trainingprogram.

(c) Every coroner shall attend at least 24 hours ofaccredited continuing education for coroners in each calendar

year.(d) In all counties that provide by resolution for the

elimination of the office of coroner pursuant to a referendum,the resolution may also provide, as part of the sameproposition, that the duties of the coroner be taken over by

12&SeqStart= 16300000&Seq End= 20900000&.. 1/16

another County officer specified by the resolution and

proposition.

(Source: P.A. 87-255; 88-586, eff. 8-12-94.)

(55 ILCS 5/3-3002) (from oh. 34, par. 3-3002)Sec. 3-3002. Commencement of duties. The coroner shall

enter upon the duties of his office on the first day of the

month of December following his election on which the

coroner's office is required, by statute or by action of the

county board, to be open.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3003) (from Oh. 34, par. 3-3003)Sec. 3-3003. Duties of coroner. The county coroner shall

control the internal operations of his office. Subject to the

applicable county appropriation ordinance, the coroner shall

procure necessary equipment, materials, supplies and services

to perform the duties of the office. Compensation of deputies

and employees shall be fixed by the coroner, subject to

budgetary limitations established by the county board.

Purchases of equipment shall be made in accordance with any

ordinance requirements for centralized purchasing through

another county office or through the State which are

applicable to all county offices.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3004) (from Oh. 34, par. 3-3004)Sec. 3-3004. Bond. Before entering upon the duties of his

or her office, he or she shall give bond, with 2 or more

sufficient sureties (or, if the county is self-insured, the

county through its self-insurance program may provide

bonding) , to be approved by the circuit court for his or her

county, in the penal sum of $5,000, which shall cover both the

coroner and any deputies, payable to the People of the State

of Illinois, conditioned that each will faithfully discharge

all the duties required or to be required of him by law as

such coroner, deputy coroner or as sheriff of the county, in

case he or she shall act as such. The bond shall be entered of

record in the court and filed in the office of the county

clerk of his or her county. The costs of the bond shall be

paid by the county.

(Source: P.A. 88-387.)

(55 ILCS 5/3-3005) (from Oh. 34, par. 3-3005)Sec. 3-3005. Oath. He shall also, before entering upon the

duties of his office, take and subscribe the oath or

affirmation prescribed by Section 3, Article XIII of the

Constitution which shall be filed in the office of the county

clerk of his county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3006) (from Oh. 34, par. 3-3006)Sec. 3-3006. Copies of bond as evidence. Copies of such

bond, certified by the county clerk, or of the record thereof

certified by the clerk of the circuit court, shall be received

as evidence.

http:/Mw.'iIg a . goIegiSIatioru/iIcs/iIcS4.aSP?DOCNar =005500050HDM/02E+3%2D3&Act =750&ChapterlD 12&Soq Start = 16300000&Seq End2OY00000&,. 2116

(Source: P.A. 86-961.)

(55 ILCS 5/3-3007) (from oh. 34, par. 3-3007)

Sec. 3-3007. Conservator of the peace. Each coroner shall

be conservator of the peace in his county, and, in the

performance of his duties as such, shall have the same powers

as the sheriff.

(Source: P.A. 86-962.)

(55 ILOS 5/3-3008) (from Ch. 34, par. 3-3008)

Sec. 3-3008. Coroner to act when sheriff prejudiced. When

it appears from the papers in a case that the sheriff or his

deputy is a party thereto, or from affidavit filed that he is

interested therein, or is of kin, or partial to or prejudiced

against either party, the summons, execution or other process

may be directed to the coroner, who shall perform all the

duties in relation thereto, and attend to the suit in like

manner as if he were sheriff; and the interests,

consanguinity, partiality or prejudice of the sheriff shall

not be cause for a change of venue.

(Source: P.A. 86-962.)

(55 ILOS 5/3-3009) (from Oh. 34, par. 3-3009)

Sec. 3-3009. Deputy coroner's, sheriff's or police

officer's performance of coroner's duties. If there is no

coroner, or it shall appear in like manner that he is also a

party to or interested in the suit, or of kin, or partial to

or prejudiced against either party, process may in like manner

issue to the deputy coroner if designated by the coroner to

fill the vacancy, or, if no designation is made, to any

sheriff, sheriff's deputy or police officer, in the county,

who shall perform like duties as required of the coroner. The

designation shall be in writing and filed with the county

clerk.

(Source: P.A. 91-633, eff. 12-1-99.)

(55 ILOS 5/3-3010) (from Oh. 34, par. 3-3010)

Sec. 3-3010. Deputy sheriff, undersheriff, or coroner to

act when sheriff's office vacant. Where the office of the

sheriff is vacant, the chief deputy sheriff or undersheriff if

designated by the sheriff to fill the vacancy, or, if no

designation is made, the coroner of the county shall perform

all the duties required by law to be performed by the sheriff,

and have the same powers, and be liable to the same penalties

and proceedings as if he were sheriff, until another sheriff

is elected or appointed and qualified. The designation shall

be in writing and filed with the county clerk.

(Source: P.A. 91-633, eff. 12-1-99.)

(55 ILCS 5/3-3011) (from Oh. 34, par. 3-3011)

Sec. 3-3011. Classification of counties. For the purposes

of this Division, counties of more than 1,000,000 population

shall be designated as Class I counties, and counties of not

more than 1,000,000 population as Class II counties.

(Source: P.A. 86-962.)

12&SeqStart 16300000&Seq End20900000&... 3/16

(55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012)

Sec. 3-3012. In-service training expenses. The county

coroner may maintain a special fund, from which the county

board shall authorize payments by voucher between board

meetings, to pay necessary travel dues and other expenses

incurred in attending workshops, educational seminars and

organizational meetings for the purpose of providing in-

service training.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever, as

soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal or accidental, including but not

limited to deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical or radiational

injury, or a complication of any of them, or by drowning

or suffocation, or as a result of domestic violence as

defined in the Illinois Domestic Violence Act of 1986;

(b) A maternal or fetal death due to abortion, or any

death due to a sex crime or a crime against nature;

(c) A death where the circumstances are suspicious,

obscure, mysterious or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take chargeof the same and shall make a preliminary investigation into

the circumstances of the death. In the case of death without

attendance by a licensed physician the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify

such physician as is designated in accordance with Section 3-

3014 to attempt to ascertain the cause of death, either by

autopsy or otherwise.In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected

operator of a motor vehicle, or (2) a pedestrian 16 years of

age or older, the coroner shall require that a blood specimen

of at least 30 cc., and if medically possible a urine specimen

of at least 30 cc. or as much as possible up to 30 cc., be

withdrawn from the body of the decedent in a timely fashion

after the accident causing his death, by such physician as has

been designated in accordance with Section 3-3014, or by the

coroner or deputy coroner or a qualified person designated by

such physician, coroner, or deputy coroner. If the county does

not maintain laboratory facilities for making such analysis,

the blood and urine so drawn shall be sent to the Department

of State Police or any other accredited or State-certified

12&Seq Start=16300000&Seq End20900000&... 4/16

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laboratory for analysis of the alcohol, carbon monoxide, and

dangerous or narcotic drug content of such blood and urine

specimens. Each specimen submitted shall be accompanied by

pertinent information concerning the decedent upon a form

prescribed by such laboratory. Any person drawing blood and

urine and any person making any examination of the blood and

urine under the terms of this Division shall be immune from

all liability, civil or criminal, that might otherwise be

incurred or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e)

above, blood, and whenever possible, urine samples shall be

analyzed for the presence of alcohol and other drugs. When the

coroner suspects that drugs may have been involved in the

death, either directly or indirectly, a toxicological

examination shall be performed which may include analyses of

blood, urine, bile, gastric contents and other tissues. When

the coroner suspects a death is due to toxic substances, other

than drugs, the coroner shall consult with the toxicologist

prior to collection of samples. Information submitted to the

toxicologist shall include information as to height, weight,

age, sex and race of the decedent as well as medical history,

medications used by and the manner of death of decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained) , whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. Within 45 days after the

collection of the specimens, the coroner or medical examiner

shall deliver those specimens, dried, to the Illinois

Department of State Police, Division of Forensic Services, for

analysis and categorizing into genetic marker groupings to be

maintained by the Illinois Department of State Police in the

State central repository in the same manner, and subject to

the same conditions, as provided in Section 5-4-3 of the

Unified Code of Corrections. The requirements of this

paragraph are in addition to any other findings, specimens, or

information that the coroner or medical examiner is required

to provide during the conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide,

or accidental death or in other cases, within the discretion

of the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgement which the coroner deems practical and

provides a reliable proof of service. The summons may be

served by first class mail. From the 8 persons so summoned,

the coroner shall select 6 to serve as the jury for the

inquest. Inquests may be continued from time to time, as the

coroner may deem necessary. The 6 jurors selected in a given

case may view the body of the deceased. If at any continuation

of an inquest one or more of the original jurors shall be

unable to continue to serve, the coroner shall fill the

16300000&SeqEnd2O900000&. 5/16

vacancy or vacancies. A juror serving pursuant to thisparagraph shall receive compensation from the county at thesame rate as the rate of compensation that is paid to petit orgrand jurors in the county. The coroner shall furnish to eachjuror without fee at the time of his discharge a certificateof the number of days in attendance at an inquest, and, uponbeing presented with such certificate, the county treasurershall pay to the juror the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, thecoroner may conduct an inquest. The jury commission shallprovide at least 8 jurors to the coroner, from whom thecoroner shall select any 6 to serve as the jury for theinquest. Inquests may be continued from time to time as thecoroner may deem necessary. The 6 jurors originally chosen ina given case may view the body of the deceased. If at any

continuation of an inquest one or more of the 6 jurorsoriginally chosen shall be unable to continue to serve, thecoroner shall fill the vacancy or vacancies. At the coroner'sdiscretion, additional jurors to fill such vacancies shall besupplied by the jury commission. A juror serving pursuant tothis paragraph in such county shall receive compensation fromthe county at the same rate as the rate of compensation that

is paid to petit or grand jurors in the county.In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report thedeath to the Office of the State Fire Marshal. The coronershall provide a copy of the death certificate (i) within 30days after filing the permanent death certificate and (ii) ina manner that is agreed upon by the coroner and the State Fire

Marshal.In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coronershall report the death to the Department of State Police.

All deaths in State institutions and all deaths of wardsof the State in private care facilities or in programs funded

by the Department of Human Services under its powers relatingto mental health and developmental disabilities or alcoholismand substance abuse or funded by the Department of Childrenand Family Services shall be reported to the coroner of thecounty in which the facility is located. If the coroner hasreason to believe that an investigation is needed to determine

whether the death was caused by maltreatment or negligent careof the ward of the State, the coroner may conduct apreliminary investigation of the circumstances of such deathas in cases of death under circumstances set forth in

paragraphs (a) through (e) of this Section.(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)

(55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)Sec. 3-3014. Autopsy to be performed by licensed

physician; costs; reports. Any medical examination or autopsyconducted pursuant to this Division shall be performed by aphysician duly licensed to practice medicine in all of its

branches, and wherever possible by one having special trainingin pathology. In Class I counties, medical examinations orautopsies (including those performed on exhumed bodies) shall

12&SeqStart 16300000&SeqEnd2O900000& 6/16

;14r ,4l.' rt dO ILL,,) UI L.UUI IUVO t.JL&JW.

be performed. by physicians appointed or designated by the

coroner, and in Class II counties by physicians appointed or

designated by the Director of Public Health upon the

recommendation of the advisory board on necropsy service to

coroners after the board has consulted with the elected

coroner. Any autopsy performed by a physician so appointed or

designated shall be deemed lawful. The cost of all autopsies,

medical examinations, laboratory fees, if any, and travel

expenses of the examining physician and the costs of exhuming

a body under the authority of subsection (c) of Section 3-3015

shall be payable from the general fund of the county where the

body is found. The examining physician shall file copies of

the reports or results of his or her autopsies and medical

examinations with the coroner and also with the Department of

Public Health.

No coroner may perform any autopsy required or authorized

by law unless the coroner is a pathologist whose services are

requested by the coroner of another county.

(Source: P.A. 86-962; 87-317.)

(55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)

Sec. 3-3015. Circumstances under which autopsy to be

performed.

(a) Where a death has occurred and the circumstances

concerning the death are suspicious, obscure, mysterious, or

otherwise unexplained and in the opinion of the examining

physician or the coroner the cause of death cannot be

established definitely except by autopsy, and where a death

has occurred while being pursued, apprehended, or taken into

custody by or while in the custody of any law enforcement

agency, it is declared that the public interest requires that

an autopsy be performed, and it shall be the duty and

responsibility of the coroner to cause an autopsy to be

performed, including the taking of x-rays and the performance

of other medical tests as the coroner deems appropriate.

(b) The coroner shall instruct involved parties that

embalming of the body is not to be conducted until the

toxicology samples are drawn. If a child dies from suspicious

or unexplained circumstances, the coroner shall secure the

services of a pathologist. The Department of Public Health

shall provide coroners and pathologists with a child death

autopsy protocol.

(c) If the coroner determines it advisable to exhume a

body for the purpose of investigation or autopsy or both, and

the coroner would have been authorized under this Section to

perform an investigation or autopsy on the body before it was

interred, the coroner may exhume the body after consulting on

the matter with the state's attorney and upon the order of the

circuit court directing the exhumation upon the petition of

the state's attorney.(Source: P.A. 86-962; 87-317; 87-419; 87-895.)

(55 ILCS 5/3-3016) (from Ch. 34, par. 3-3016)

Sec. 3-3016. Sudden infant death syndrome. Where an infant

under 2 years of age has died suddenly and unexpectedly and

the circumstances concerning the death are unexplained, an

16300000&Seq End20900000&... 7/16

autopsy shall be performed by a physician licensed to practicemedicine in all of its branches who has special training inpathology. When an autopsy is conducted under this Section,the parents or guardian of the child shall receive apreliminary report of the autopsy within 5 days of the

infant's death. All suspected Sudden Infant Death Syndromecases shall be reported to the Statewide Sudden Infant Death

Syndrome Program within 72 hours.Death certificates shall list the cause of death as Sudden

Infant Death Syndrome where this finding is medicallyjustified pursuant to the rules and regulations of the

Department of Public Health. Copies of death certificateswhich list the cause of death of infants under 2 years of ageas Sudden Infant Death Syndrome shall be forwarded to theDepartment of Public Health within 30 days of the death with areport which shall include an autopsy report, epidemiological

data required by the Department and other pertinent data.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3016.5)Sec. 3-3016.5. Sudden, unexpected death in epilepsy

(SUDEP)(a) All autopsies conducted in this State shall include an

inquiry to determine whether the death was a direct result ofa seizure or epilepsy. If the findings in an autopsy of amedical examiner, examining physician, or coroner areconsistent with known or suspected sudden, unexpected death in

epilepsy (SUDEP) , then the medical examiner, examining

physician, or coroner shall:

(1) cause to be indicated on the death certificatethat SUDEP is the cause or suspected cause of death; and

(2) forward a copy of the death certificate to theNorth American SUDEP Registry at the Langone Medical

Center at New York University within 30 days.(b) For the purposes of this Section, "sudden unexpected

death in epilepsy" refers to a death in a patient previouslydiagnosed with epilepsy that is not due to trauma, drowning,status epilepticus, or other known causes, but for which thereis often evidence of an associated seizure. A finding ofsudden, unexpected death in epilepsy is definite when clinicalcriteria are met and autopsy reveals no alternative cause ofdeath, such as stroke, myocardial infarction, or drug

intoxication, although there may be evidence of a seizure.

(Source: P.A. 98-340, eff. 1-1-14.)

(55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017)Sec. 3-3017. Cremation. In any death where the remains are

to be cremated, it shall be the duty of the funeral directoror person having custody of the dead body to obtain from thecoroner a permit to cremate the body. The coroner's permit tocremate shall be presented to the local registrar in applyingfor the Permit for Disposition of Dead Human Body provided forin Section 21 of the Vital Records Act, and the localregistrar shall attach the coroner's permit to cremate to the

Permit for Disposition of Dead Human Body which is issued. Nocrematory shall cremate a dead human body unless a Permit for

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Disposition of Dead Human Body with an attached coroner's

permit to cremate has been furnished to authorize the

cremation.

(Source: P.A 86-962; 86-1028; 87-895.)

(55 ILCS 5/3-3018) (from oh. 34, par. 3-3018)Sec. 3-3018. Death certificates. Every coroner, as soon as

he shall have completed his investigation of the cause and

circumstances of any death coming within his jurisdiction

hereunder, shall issue a death certificate on the form

prescribed by law.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3019) (from oh. 34, par. 3-3019)Sec. 3-3019. Removal of bodies; violation. No dead body

which may be subject to the terms of this Division, or the

personal property of such a deceased person, shall be handled,

moved, disturbed, embalmed or removed from the place of death

by any person, except with the permission of the coroner,

unless the same shall be necessary to protect such body or

property from damage or destruction, or unless necessary to

protect life, safety, or health. Any person knowingly

violating the provisions of this Section is guilty of a Class

A misdemeanor.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)

Sec. 3-3020. Coroner to be notified; violation. Every law

enforcement official, funeral director, ambulance attendant,

hospital director or administrator or person having custody of

the body of a deceased person, where the death is one subject

to investigation under Section 3-3013, and any physician in

attendance upon such a decedent at the time of his death,

shall notify the coroner promptly. Any such person failing to

so notify the coroner promptly shall be guilty of a Class A

misdemeanor, unless such person has reasonable cause to

believe that the coroner had already been so notified.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3021) (from oh. 34, par. 3-3021)

Sec. 3-3021. public policy; release of body to next of

kin. As a guide to the interpretation and application of this

Division it is declared that the public policy of the State is

as follows:That as soon as may be consistent with the performance of

his duties under this Division the coroner shall release the

body of the decedent to the decedent's next of kin, personal

representative, friends, or to the person designated in

writing by the decedent or to the funeral director selected by

such persons, as the case may be, for burial, and none of the

duties or powers of coroners enumerated in this Division shall

be construed to interfere with or control the right of such

persons to the custody and burial of the decedent upon

completion of the coroner's investigation.Nothing herein shall be construed to preclude the coroner

from consulting with the decedent's next of kin, personal

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I/(/LU I'f 55 ILt 5/ Uounties uooe.

representative, friends or the person designated in writing by

the decedent where the decedent was under treatment by prayer

or spiritual means alone in accordance with the tenets and

practice of a well recognized church or religious denomination

in making his preliminary investigation under subsection (E)

of Section 3-3013, nor shall anything herein contained be

construed to require an autopsy by reason of the sole fact

that the decedent was under treatment by prayer or spiritual

means alone.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3022) (from Oh. 34, par. 3-3022)

Sec. 3-3022. Bystanders. If a sufficient number of jurors

so summoned do not attend, the coroner may summon others from

among the bystanders to make up the jury.

(Source: P.A. 86-962.)

(55 ILOS 5/3-3023) (from Oh. 34, par. 3-3023)

Sec. 3-3023. Penalties against jurors. Whoever, being so

summoned as a juror, fails or refuses, without good cause, to

attend at the time and place required, or appearing, refuses

to act as such juror or misbehaves while acting as such juror,

shall be guilty of a petty offense and be fined not less than

$3 nor more than $20.Any fine collected under this Section shall be paid over

to the county treasurer and deposited into the general fund of

the county.

(Source: P.A. 86-962; 86-1028.)

(55 ILOS 5/3-3024) (from Oh. 34, par. 3-3024)

Sec. 3-3024. Oath of jurors. When the jury are assembled,

the coroner shall appoint one of the number as foreman, and

administer to him an oath or affirmation, in the following

form, to-wit:You, as foreman to this inquest, do solemnly swear (or

affirm, as the case may require), that you will diligently

inquire, and true presentment make, how, and in what manner,

and by whom or what, the body which lies dead, came to its

death; and that you will deliver to me, the coroner of this

county, a true inquest thereof, according to such evidence as

shall be given you, and according to the best of your

knowledge and belief; so help you God.

And to the other jurors, one as follows, to-wit:

The same oath which A B, your foreman has just now taken

on his part, you and each of you do solemnly swear (or affirm,

as the case may require) , to keep on your respective parts; so

help you God.

(Source: P.A. 86-962.)

(55 ILOS 5/3-3025) (from Oh. 34, par. 3-3025)

Sec. 3-3025. Verdict of jury. It shall be the duty of the

jurors, as sworn aforesaid, to inquire how, in what manner,

and by whom or what, the said dead body came to its death, and

of all other facts of and concerning the same, together with

all material circumstances in anywise related to or connected

with the said death, and make up and sign a verdict, and

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deliver the same to the coroner. As part of its verdict, the

jury may make recommendations other than for criminal

prosecutions.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3026) (from Ch. 34, par. 3-3026)

Sec. 3-3026. Summoning witnesses; subpoenas. The coroner

shall have power to summon, or cause to be summoned, and

compel the attendance of all such witnesses whose testimony

may probably be requisite to the proving of any fact or

circumstance relating to the object of such his inquest, and

to administer to such witnesses the proper oath.

If the coroner is unable to secure records or documents he

deems necessary to complete the investigation required by

Section 3-3013, or for the establishing or proving of any fact

or circumstance relating to the object of his inquest, he

shall appear before the circuit judge of the county for which

he is coroner and, upon good cause shown, said judge shall

issue a subpoena for the delivery to the coroner of the

documents or records requested.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3027) (from Oh. 34, par. 3-3027)

Sec. 3-3027. Notice of inquest. The coroner shall make a

reasonable attempt to notify the family of the deceased, and

all known eyewitnesses to the death, of the date an inquest is

to be held. Such notice shall be given at least 7 days before

the date of the inquest. Such family members or eyewitnesses

shall, if they request it, be given an opportunity to testify

at the inquest. For purposes of this Section, "family"

includes the parents, children, brothers and sisters of the

deceased.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3028) (from Oh. 34, par. 3-3028)

Sec. 3-3028. Recognizance of witness. If the evidence of

any witness implicates any person as the unlawful slayer of

the person over whom the inquest is held, the coroner shall

recognize such witness in such sum as he may think proper, to

be and appear at the Circuit Court for the county on a

designated day, within 30 days from the date of the

recognizance, or as soon after such designated day as the

court is in session, there to give evidence of the matter in

question, and not depart without leave.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3029) (from Oh. 34, paL 3-3029)

Sec. 3-3029. Commitment of witness; returns. If any

witness shall refuse to enter into such recognizance, it shall

be the duty of the coroner to commit the witness so refusing

to the common jail of the county, there to remain until

discharged according to law; and the coroner shall carefully

seal up and return to the clerk of the court the verdict of

the jury, and the recognizances, and it shall be the duty of

the clerk to carefully file and preserve the same.

(Source: P.A. 86-962.)

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(55 ILCS 5/3-3030) (from Ch. 34, par. 3-3030)

Sec. 3-3030. Representation of witnesses by counsel. Any

witness appearing at the inquest shall have the right to be

represented by counsel.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031)

Sec. 3-3031. Testimony reduced to writing; coroner's

verdict not admissible in civil suit. The coroner shall cause

the testimony of each witness who may be sworn and examined at

any inquest to be written out and signed by said witness,

together with his occupation and place of residence, which

testimony shall be filed with said coroner in his office and

carefully preserved: Provided, the coroner may cause the

testimony of such witnesses to be recorded or taken in

shorthand minutes and transcribed by a competent person, who

shall certify that the transcript of the evidence so taken and

transcribed by him from notes or a recording is a true and

correct copy of the original minutes taken at said inquest and

is a true and correct statement of the testimony of each of

the several witnesses who have testified at said inquest.

Which said transcript shall be filed and carefully preserved

in the office of the coroner: And, provided, further, that

whenever the testimony of the several witnesses at such

inquest shall have been recorded or taken in shorthand minutes

and transcribed as above provided for, the several witnesses

shall not be required to sign such transcript or other

statement of his testimony. Provided, further, that in any

suit or proceeding hereafter commenced for the recovery of

damages arising from or growing out of injuries caused by the

negligence of any person, firm or corporation resulting in the

death of any person or for the collection of a policy of

insurance, neither the coroner's verdict returned upon the

inquisition as provided herein, nor a copy thereof, shall be

admissible as evidence to prove or establish any of the facts

in controversy in said civil suit or proceeding.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3032) (from Ch. 34, par. 3-3032)

Sec. 3-3032. Inquest record. Every coroner shall, at the

expense of the county, be supplied with proper record books

wherein he shall enter the name, if known, of each person upon

whose body an inquest shall be held, together with the names

of the jurors comprising the jury, the names, residences and

occupations of the witnesses who are sworn and examined, and

the verdict of the jury; in case the name of the person

deceased is not known, the coroner shall make out a

description of said person, and enter the same upon the record

book to be so kept by him, together with all such facts and

circumstances attending the death which may be known, and

which may lead to the identification of the person; and shall

carefully take an inventory of said person's personal effects

and property of every kind and nature whatever, and state on

his records what has been done with the same, and where the

proceeds of any such property and the money and papers, if

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any, are deposited.(Source: P.A. 86-962.)

(55 ILCS 5/3-3033) (from Ch. 34, par. 3-3033)Sec. 3-3033. Disposition of property. When any valuable

personal property, money or papers, are found upon or near the

body which is the subject of a coroner's investigation,

inquiry or inquest, the coroner shall take charge of the same

and deliver the same to those entitled to its care or

possession; but if not claimed, or if the same shall be

necessary to defray the expenses of the burial, the coroner

shall, after giving 10 days' notice of the time and place of

sale, sell such property, and after deducting coroner's fees

and funeral expenses, deposit the proceeds thereof, and the

money and papers so found, with the county treasurer, taking

his receipt therefor, there to remain subject to the order of

the legal representatives of the deceased, if claimed within 5

years thereafter, or if not claimed within that time, to vest

in the county.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)

Sec. 3-3034. Disposition of body. After the inquest the

coroner may deliver the body or human remains of the deceased

to the family of the deceased or, if there are no family

members to accept the body or the remains, then to friends of

the deceased, if there be any, but if not, the coroner shall

cause the body or the remains to be decently buried, cremated,

or donated for medical science purposes, the expenses to be

paid from the property of the deceased, if there, is

sufficient, if not, by the county. The coroner may not approve

the cremation or donation of the body -if-it is' necessary' to-

preserve the body for law enforcement purposes. If the State

Treasurer, pursuant to the Uniform Disposition of Unclaimed

Property Act, delivers human remains to the coroner, the

coroner shall cause the human remains to be disposed of as

provided in this Section. If the police department of any

municipality or county investigates abandoned cremated

remains, determines that they are human remains, and cannot

locate the owner of the remains, then the police shall deliver

the remains to the coroner, and the coroner shall cause the

remains to be disposed of as provided in this Section.

(Source: P.A. 96-1339, eff. 7-27-10; 97-679, eff. 2-6-12.)

(55 ILCS 5/3-3035) (from Ch. 34, par. 3-3035)

Sec. 3-3035. Liability of common carrier for burial

expenses. When any railroad, common carrier, airline or any

steamboat, barge, propeller or other vessel engaged in whole

or in part in carrying passengers for hire, brings the dead

body of any person into this State; or, wherever any person

dies upon any railroad car, airplane or any such steamboat,

barge, propeller or other vessel in this State, or any person

is killed by cars or machinery of any railroad company, or by

accident thereto, or by accident to or upon any such airplane,

steamboat, barge, propeller or other vessel, or by accident

thereto, or when the death occurs in or about any mine, mill

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or manufactory, and such death shall have been caused by the

wrongful act, neglect or default of any such railroad company,

common carrier, airline, steamboat, barge, propeller or other

vessel owner, or of the owner of any mine, mill or

manufactory, the company or person owning or operating such

railroad cars, common carrier, airline, machinery, barge,

steamboat, propeller or other vessel, mine, mill or

manufactory, shall be liable to pay the expenses of the

coroner's inquest upon and for the burial of the deceased, and

the same may be recovered in the name of the county, in any

circuit court.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3036) (from Ch. 34, par. 3-3036)

Sec. 3-3036. Arrest of slayer based on verdict. If a

person implicated by the inquest as the unlawful slayer of the

deceased or an accessory thereto is not in • custody therefor,

the coroner acting upon the signed verdict of his jury shall,

in his capacity as conservator of the peace, apprehend such

person and immediately bring him before a judge of the circuit

court of his county to be dealt with according to law on a

criminal charge preferred on the basis of such verdict.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3037) (from Ch. 34, par. 3-3037)

Sec. 3-3037. Embalming dead body. No licensed embalmer or

person shall embalm the dead body of any person with, or

inject therein, or place thereon any fluid or preparation of

any kind before obtaining permission from the coroner where

such body is the subject of a coroner's inquest. Any person

who shall violate the provision of this Section commits a

business offense and shall be fined not exceeding $5,000.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3038) (from Ch. 34, par. 3-3038)

Sec. 3-3038. Coroner in military service. In case any

coroner is called into the active military service of the

United States, the office of coroner shall not be deemed to be

vacant during the time such coroner is in the active military

service of the United States, but the presiding officer of the

county board of the county, with the advice and consent of the

county board, shall appoint some competent and qualified

person to perform and discharge the duties of coroner in such

county during the time such coroner is in the active military

service of the United States, and such person shall receive

the same compensation as provided by law for the coroner,

apportioned as to the time of service, and such appointment

and all authority thereunder shall cease upon the discharge of

such coroner from the active military service of the United

States. Such appointee shall give a bond as required of

regularly elected coroners.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3039) (from Ch. 34, par. 3-3039)

Sec. 3-3039. Vacancy. Whenever a vacancy occurs in the

office of coroner, that vacancy shall be filled as provided in

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The Election Code.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)

Sec. 3-3040. Appointment of deputies. Each coroner may

appoint one or more deputies as the coroner, in his or her

sole discretion, determines necessary and appropriate, subject

to county board appropriations. The appointment shall be in

writing and signed by the coroner. A deputy's compensation

shall be determined by the county board.

(Source: P.A. 88-281.)

(55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041)

Sec. 3-3041. Oath of deputies. Each deputy shall, before

entering upon the duties of his office take and subscribe an

oath or affirmation, in like form as required of coroners,

which shall be filed in the office of the county clerk.

(Source: P.A. 86-962.)

(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)

Sec. 3-3042. Duties of deputies. Deputy coroners, duly

appointed and qualified, may perform any and all of the duties

of the coroner in the name of the coroner, and the acts of

such deputies shall be held to be acts of the coroner.

(Source: P.A. 91-357, eff. 7-29-99.)

(55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043)

Sec. 3-3043. Vacancy; appointed coroner. When a permanent

vacancy in the office of coroner occurs and the position is an

appointed one, the county board shall fill the vacancy within

60 days from the time the vacancy occurs. If the sheriff of

the county is selected to perform the duties of the coroner

and the sheriff agrees to serve in that capacity, the sheriff

may be compensated for those duties. This compensation shall

be in addition to all other compensation received as sheriff.

Any sheriff who is serving as coroner before the effective

date of this amendatory Act of 1991 must be reappointed in

order to continue to serve as coroner and to receive

additional compensation under this Section.

(Source: P.A. 87-738.)

(55 ILCS 5/3-3044) (from Ch. 34, par. 3-3044)

Sec. 3-3044. Abolition of office; performance of duties by

another. If the office of coroner has been abolished in a

county by referendum and the referendum did not provide for

the performance, by another person, of the duties previously

performed by the coroner, the county board shall select a

person to perform the duties previously performed by the

coroner. The selection shall be made within 60 days after the

referendum or within 60 days after the effective date of this

amendatory Act of 1992, whichever is later. If the sheriff of

the county is selected to perform the duties previously

performed by the coroner and the sheriff agrees to perform

those duties, the sheriff may be compensated for performing

those duties. This compensation shall be in addition to all

other compensation received in his or her capacity as sheriff.

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If, before the effective date of this amendatory Act of 1992,county has abolished the office of coroner by a referendum

that did not provide for someone to perform the dutiespreviously performed by the coroner, and the sheriff of thecounty is performing those duties, the sheriff must be

reappointed by the county board under this Section in order tocontinue to perform those duties and to receive the additionalcompensation authorized under this Section.(Source: P.A. 87-1141.)

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Illinois General Assembly - Full Text of Public Act 097-1009

Page 1 of 1

Public Act 097-1009

Public Act 097-1009

RB5635 Enrolled LRB097 20522 KW 66078 b

AN ACT concernin g local government.

Be it enacted by the People of the State of Illinois,represented in the General Assembly:

Section 5. The Illinois Police Training Act is amended bychanging Section 10.11 as follows:

(50 ILCS 705/10.11)Sec. 10.11. Training; death and homicide investigation.

The Illinois Law Enforcement Training and Standards Board shallconduct or approve a training program in death and homicideinvestigation for the training of law enforcement officers oflocal government agencies and coroners. Only law enforcement

officers and coroners who successfully complete the trainingprogram may be assigned as lead investigators in death andhomicide ir.vestiga:ions and coroner's investigations,respectively. Satisfactory completion of the training programshall be evidenced by a certificate issued to the lawenforcement officer or coroner by the Illinois Law EnforcementTraining and Standards Board.

The Illinois Law Enforcement Training and Standards Boardshall develop a process for waiver applications sent by a local

law enforcement agency administrator or from a coroner's

office for those officers or coroners whose prior training andexperience as homicide investigators may qualify them for awaiver. The Board may issue a waiver at its discretion, basedsolely on the prior training and experience of an officer or acoroner as a homicide investigator. This Section does notaffect or impede the powers of the office of the coroner toinvestigate all deaths as provided in Division 3-3 of the

Counties Code.Source: P.A. 96-111, eff. 1--12; 97-553, eff.

Effective Date: 1/1/2013

http://www.ilga.gov/lcgislatiOfllPUbliCaCts/fUllteXt.aSP?Name0 97 1009 1/27/2014

L. Robert RussellKANE COUNTY CORONER'S OFFICE

Case #

Patient information

Name

Address

Telephone

Next of Kin:

Address

Telephone

Medical History/Conditions:

GfRI . Age DOB

City Zip

SS# HT WT

Relationship:

City

Zip

Cell Phone

Medications:

Physician:

Phone:

Last Seen:

Pronounced by:

Date of Death:

Time of Death:

Time Arrival on Scene:

Time Departure from Scene:

Caller Information

Name:

Date:

Agency:

Dispatch Time:

Phone:

Call End Time:

Officer:

Report #_____

Funeral Home:

INCIDENT DESCRIPTION:

SUPPLEMENTAL INFORMATION:

Kane County Coroner's Return to Medical / Sign

Office Notified of Death

Out Flow Chart j

Coroners InvestigationInitiated Further ' Further

Per Investigation Investigation5 ILCS 5/3-3013. - Required? Go to SOU Flow

Chad

Natural Death

Hospice Death

7?

Further -,InvestigationRequired?

Autopsy!Toxicology

Performed byForensic

Pathologist

X-Ray(II needed)

So bpeonaReports:Medical,

Physician,Police, etc.

Information and / orreports frwn any or all butnot limited to the Following Pathologist

Entities Examines Autopsy

HospitalsI Toxicology Results

Physicians

Family

Law Enforcement Agencies I Forensic PathologistFire Protection Agencies I determines Cause ofStates Attorneys Office Death.

State Agencies:

DCFS

De partment of Public HealthfTI1 rrt

Federal Agencies:FDA, OSHA

Homeland SecurityCoronerCenters for Disease Control determines I

NTSD I Manner of

Railroad Death

Further "Investigation

Required?

NO

DecedentReleased to

FuneralHome

Case Closed

Coroners InvestigationInitiated

Per55 ILCS 5/3-3013.

DecedentReleased to

FuneralHome

Kane County Coroners ign Out Unnatural Flow Chartj

Office Notified of Death

Information and / orreports 1mm any or all butnot limited to the Following

Entities

Physicians

Family

Law Enforcement Agencies

Fire Protection Agencies

States Attorneys Office

State Agencies:

DCFS

Department of Public Health

Federal Agencies:

FDA, OSHA

Homeland Security

Centers for Disease Control

NTSB

Railroad

Autopsy /Toxicology

*Homicide

Performed byForensic

Pathologist

Suicide

ToxicologyPerformed

X-Ray(it needed)

AccidentalDeath

SubpeonaReports:Medical,

Physician,Police, etc.

UndeterminedDeath

Forensic Pathologistdetermines Cause of

Death

Coronerdetermines

Manner of Death

Case Closed

*Homicides RemainAdministratively Open

THE ROLE OF A MEDICOLEGAL DEATH INVESTIGATORIN A MEDICAL EXAMINER/CORONER SYSTEM

By: Mary Fran ErnstAssistant Professor

Saint Louis UniversitySchool of Medicine

Investigator must be knowledgeable of the law under which its office operates

In most jurisdictions throughout the United States, the Medical Examiner/Coroner has the legalresponsibility to investigate all violent, suspicious and sudden, unexpected deaths. However, thelaw varies from state to state. It is therefore imperative that an investigator know what is theLAW for his/her jurisdiction. A common pitfall for the investigator is to be on-the-scene of adeath and be unsure as to what s/he can or cannot do in this particular situation. This situationcan be avoided by being completely familiar with the statute governing your office and byreviewing the law with your Medical Examiner/Coroner prior to your first death investigation. Itwould be wise to have a copy of your letter in your scene case!

nvestigator's standard operating procedure manual is essential

The Medical Examiner/Coroner will have made decisions as how the investigator should proceedon a particular type of case, eg. homicide, suicide, gunshot wound, hanging, etc. Thesedecisions should be written and available to the investigator. Any "gray zone" decision areasshould be explained and options detailed.

This manual should also define the responsibility of the other members of the department, eg.toxicologists, radiologists, etc. All procedures and practices which are inter-related should bewritten clearly so that all are aware of their responsibilities in the death investigation.

The manual should give the investigator the answer to the question, "what must be done by thisoffice to fulfill our legal and moral responsibilities to the deceased?"

Qualities required to be an effective death investigator

Communicative: Use open, two-way communications when dealing with families and othermembers of the death inquiry team. LISTEN to what they have to say and be willing to explainwhat information you have that will aid in their investigation. Families should be told whatprocedures will be done and an approximate time that they can expect to have the deceasedreturned to them/funeral home.

Humanism: Treat all those you come in contact with in your position as a death investigator with

Page 1 of 5

respect, courtesy, fairness and consideration. Treat them as YOU wish to be treated. If thedeceased was y.Qur father, or y_Qur wife or ygur son, wouldn't you appreciate a kind, helpingperson to be investigating his/her death?

Tirneli: Everyone's time is valuable - - - not just yours! Do not keep family or co-investigatorswaiting if at all possible. If a delay cannot be helped, keep them informed as to how long youwill be delayed and the reason for it.

Professionalism: You represent all death investigators in the field when you handle a deathinquiry. Your competence, conduct and even appearance will be judged by those working withyou and the families of the deceased. Their opinions of your ability will directly reflect theiropinion of your office.

'- R td--k ijth' LJt4_Integrity can seldom be RE-CLAIMED. Do not allow you or your orga ization's principles to becomprised - even once. Murphy's law in death investigation might read - Once you have givenin to political or outside influences; the frequency of the influences increases! Never lose yoursense of humor - or your integrity!

Keep abreast with the state of forensic death investigation: There are many excellent books andperiodicals that provide the latest information on investigative techniques and research findings.If a death investigator has not learned anything new in the last 10 years; he belongs in a museumnot at a death scene.

A Medicolegal Death Investigation should include the following:

IDENTIFICATION OF THE DEAD: Identification should be firmly established, eg.visual, photographs, x-rays, fingerprints, etc.

2. COLLECTION OF INFORMATION AS TO THE CIRCUMSTANCES PRIOR TO, ATTHE TIME OF AND FOLLOWING THE PERSON'S DEATH:

a) WHY is the subject dead? WHY is s/he at this location? WHY did this death occur?

b) WHAT happened? WHAT was s/he doing?c) WHO is the subject? WHO else was visibly involved or is knowledgeable about thisdeath? WHO found the subject?d) WHEN did his/her illness begin? WHEN did the argument begin? WHEN was s/helast seen alive? WHEN was the subject found?e) WHERE was s/he found? WHERE had the body been prior to this location? WHEREwas s/he going? WHERE is the assailant or the death instrument?

0 HOW did the injury and death occur? HOW long has s/he been dead? HOW did the

subject get to this location?

COLLECTION OF MEDICAL, PHYSICAL AND ANY OTHER EVIDENCE THAT

Page 2 of 5

MAY BE PERTINENT TO THE DETERMINATION OF CAUSE AND MANNER OFPERSON'S DEATH:

a) Determine the person's past, recent and present medical history by talking with hisfamily, physician, co-workers, etc.b) Actualize the body for signs of trauma or marksc) Collect any instrument, medications, etc. which may have contributed to the person'sdeath.

4. PROVIDE SAFE CONVEYANCE OF THE BODY TO THE MORGUE FACILITY

a) Actualize the body prior to the transport so all injuries and other body marks are known

to youb) Transport subject in a livery service conveyance whose personnel are trained andtrustworthyc) Explain any special handling instructions to livery service personnel

NOTIFICATION OF NEXT OF KIN

a) Family notification MUST be accomplished before any information is given to thenews media!b) Family notification should be accomplished as soon as possible. However, sacrificingthoroughness and accuracy of identification for the sake of speed is not only foolhardy butCRUEL to the deceased's family, and to the mis-identified person's family

c) BE EXTREMELY KIND, PATIENT AND HELPFUL when dealing with families - nomatter how they respond to you. Bereavement is handled differently by each individual.Although the family members may be obnoxious and difficult to handle, they are lashingout at their anger and hurt and NOT AT YOU (although it is very hard at times to beunderstanding - when you are getting cursed!)

d) Explain to the family what will be happening to the subject - s/he will be conveyed toHospital. S/he will be examined by a forensic pathologist. S/he will be released to

the Funeral Home at approximately time, etc.

e) Explain what the family will need to do now, eg. determine which funeral director youwould like to have handle the remains, etc.

6. NOTIFICATION OF PERTINENT FACTS TO FORENSIC SCIENTISTS WHO WILL

BE WORKING ON THIS INVESTIGATION

a) Notify your supervisor (Chief Investigator) as determined by your S.O.P.

b) Notify office personnel, especially those in contact with the public, news media orthose answering the phone so that co-workers will be able to handle questions about thedeath from the family, news media, etc. correctly. LET THE RIGHT HAND KNOW

WHAT THE LEFT HAND IS DOING!

Page 3 of 5

C) Morgue attendants should be informed as to when to expect the body and the probablework-up that will need to be done, eg. autopsy, x-ray, etc.d) Contact radiology staff to order x-rays that will be required. If there are any specialhandling instructions, e.g. decomposed body, radiation, etc, explain the situation to them.Also inform them as to the time that the pathologist will be performing the postmortemexamination so that the radiology staff can schedule the x-rays efficiently.

e) NOTIFY THE PATHOLOGIST who will be performing the examination. Be sure thatyou confer with the pathologist PRIOR to the postmortem examination. TRY TOANTICIPATE THE QUESTIONS HE WILL HAVE REGARDING THECIRCUMSTANCES OF THE DEATH. Explain your information clearly andthoroughly. If there is new information that would be valuable to the pathologist prior tothe examination - CALL HIM/HER AGAIN. Follow-up the pathologist's unansweredquestions immediately and get the answer for them NOW.f) Notify Crime Lab personnel: As you find Out the approximate time the postmortemexam will be performed; immediately contact the Lab personnel so that they will bepresent at the morgue as the procedure begins. This will also help insure the proper chainof custody of clothing, projectiles, etc. If a knife, ice pick, etc. was found at the scene;this should be brought to the morgue by the Crime Lab people after they have completedtheir processing so that it will available to the pathologist for comparison with wounds,etc. at the time of the examination.g) Consult with the Toxicology staff as to the medications, alcohol, poisons, and othersubstances either available to the subject or found at the scene that might havecontributed to the subject's death. Give them a DETAILED list of the drugs prescribed tothe subject and information as to whether the subject was under the influence of alcoholat the time of the death. Explain the scene to the toxicologists so that if any gaseousinhalants were available, they will be able to test for these also.

h) Inform other ancillary forensic specialists, e.g. dentists, botanists, anthropologists, etc.that will be called upon to help you establish time of death, identification, etc. Notifythem as soon as possible and coordinate the work flow involved in their studies.

7. FOLLOW THROUGH WITH ALL PERSONS CONDUCTING THIS DEATH

INVESTIGATION

a) Gather all data that has been generated on this death inquiry

b) Follow up on any information that is missing and still necessary to determine cause

and manner of deathc) Consult with law enforcement agencies to see if any new information is available

8. CONFERENCE THIS DEATH INVESTIGATION WITH ALL SCIENTISTS

INVOLVED IN INQUIRY

a) The conference method will insure that each piece of information is correctly

interpreted

Page 4 of 5

b) Conference method also will bring forth hidden relationships that may not be noticed

by one individual reviewing the case

9. FINALIZE THIS DEATH INVESTIGATION WITH ALL SCIENTISTS INVOLVED IN

INQUIRY

a) An initial report should be made immediately upon completion of the sceneinvestigation. This report will be used by office personnel and other scientists to become

knowledgeable to this case.b) As new information is available, the initial report should be updated so that at anygiven time, the latest information is available to others in your office working on this

death investigation.

c) A finalized report should be submitted when the investigator has decided that he hasenough information to stop. In some deaths, there is NEVER enough information - butthat is a situation that cannot be helped. IF YOU THINK OF THE INVESTIGATION INTHESE TERMS YOU MAY WISH TO CONTINUE -just a little bit longer. . . "If this

were my brother's death, would I be satisfied with the information in this report'?"

YOUR INVESTIGATIVE REPORT IS AN EXAMPLE OF YOUR INVESTIGATIVE

COMPETENCE.

Page 5 of 5

Questions to ask when dealing with a death of a baby.

1. Was the mother receiving prenatal care?

2. What kind of prenatal care was given?

a. Vitamins

b. Once-a-month visits to the doctor

c. Complications from or during prenatal care

d. Infection

e. Spotting

f. Pre-ecclampsia or ecclampsia (high blood pressure due to pregnancy)

g. Diabetes

h. Alcohol or drug use/abuse

3. From the birth

a. Apgar Scores (1-10) (10 is the best, 1 is the worst)

b. There should be 1 score at 1 minute and 1 score at 5 minutes

c. How many weeks gestation when birth was given

d. What was the baby's birth weight

e. Any complications during delivery

f. Presentation of baby upon delivery- breech, etc?

g. Hospitalized after birth/for what?

4. Other necessary questions

a. Last doctor visit

b. Last vaccination

c. Shots up to date

d. Medical History

e. Para/Gravida

f. Mother's age and social history

g. Where is the baby in lineup of other children (2' child, etc.)?

h. What is the household like? (Kempt/unkempt)

i. Any DCFS priors?

j. Has the mother experienced post-partum depression?

Questions Regarding Infant Death Investigations

c Recent Illness

• On any medications now or in the past

• Who is the infants pediatrician

• What position was the infant found

• What is the infants usual sleeping position

• Was there anything on the blanket

• Was there anything else in the bed (toys, pillows, stuffed animals, etc.)

• When was the last feeding (breast milk, formula, regular milk) (in a cup or

bottle)

• How many wet diapers per day

• Kind of stool (loose, firm, diarrhea)

• Any vomiting

• Anyone else at home sick

• Is the infant up to date on their shots

• Any recent vaccines

• Any allergies or asthma

• Does the infant sleep in a crib or with someone else

• Any congestion or noisy sleep breathing

• Was there any prenatal care

• What type of delivery (vaginal or c-section)

• Was the infant in the NICU

• Any recent trauma/falls

• Does the infant have any seizures

• Remedies (Cultural/Religious)

COUNTY OF KANE

L. Robert RussellKANE COUNTY CORONER719 South Batavia Avenue, Building EGeneva, Illinois 60134

After business hours with HospicePersonnel on scene call: Kane CommDispatch Center at 63-/232-8400 andask for the Coroner Deputy On-Call

Phone 630-232-3535Fax 630-232-3431Website: www.co.kane.il.us

After Business hours and no Hospice 1

Personnel on scene, call 9-1-1. ]

Relationship

Phone

City, Zip

S.S. #

Phone

City, Zip ____

Hospice-Home Health Patient Report

Name of Patient

Address

Age Date of Birth

Next of Kin

Address -

Diagnosis

Prognosis (days, weeks, months)

Attending physician

Physician's Phone

Medications

Date patient last seen

Address

Details

Name of reporting person Date Time________

Agency Phone

Will your agency attend the death? Yes No FAX COMPLETED FORM TO:

Completed DNR? Yes No 630 232-3431

Date of Discharge and/or disposition*******************************************************************************************

For Coroner's Office Use OnlyName of Caller Date

Time

Date of Death

Time of Death

Funeral Home

List current medications

Conditions of subject at time of death

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