Bill Text: IL HB2488 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that the county board or board of county commissioners of each county shall appoint a medical examiner and the medical examiner may appoint a deputy medical examiner, who both shall be physicians licensed to practice within this State. Discontinues the office of the coroner in each county on December 1, 2024 replacing it with the appointed medical examiner. Allows a medical examiner to appoint investigators. Provides that 2 or more counties may enter into an agreement to allow the same persons to act as medical examiners, deputy medical examiners, and investigators. Allows a medical examiner to establish an elderly and vulnerable adult death review team. Makes other changes concerning removal of medical examiners and deputy medical examiners, bonds, death investigations, identification of bodies, expenses, records, organ donation and cremation of a body subject to investigation, autopsies, removal of property found near a body, and notification of a medical examiner. Limits concurrent exercise of home rule powers. Amends various other Acts and Codes making conforming changes. Effective December 1, 2024, except that specified provisions take effect immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to Rules Committee [HB2488 Detail]

Download: Illinois-2023-HB2488-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2488 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
See Index
Amends the Counties Code. Provides that the county board or board of county commissioners of each county shall appoint a medical examiner and the medical examiner may appoint a deputy medical examiner, who both shall be physicians licensed to practice within this State. Discontinues the office of the coroner in each county on December 1, 2024 replacing it with the appointed medical examiner. Allows a medical examiner to appoint investigators. Provides that 2 or more counties may enter into an agreement to allow the same persons to act as medical examiners, deputy medical examiners, and investigators. Allows a medical examiner to establish an elderly and vulnerable adult death review team. Makes other changes concerning removal of medical examiners and deputy medical examiners, bonds, death investigations, identification of bodies, expenses, records, organ donation and cremation of a body subject to investigation, autopsies, removal of property found near a body, and notification of a medical examiner. Limits concurrent exercise of home rule powers. Amends various other Acts and Codes making conforming changes. Effective December 1, 2024, except that specified provisions take effect immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB2488 LRB103 26308 AWJ 52668 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by changing
Section 1.08 as follows:
(5 ILCS 70/1.08) (from Ch. 1, par. 1009)
Sec. 1.08. "Sheriff," "medical examiner," "coroner,"
"clerk," or other words used for an executive or ministerial
officer may include any deputy or other person performing the
duties of such officer, either generally or in special cases.
(Source: Laws 1965, p. 373.)
Section 10. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body

HB2488 - 2 - LRB103 26308 AWJ 52668 b
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal

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privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation

HB2488 - 4 - LRB103 26308 AWJ 52668 b
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the

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Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the

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disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and

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identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private

HB2488 - 8 - LRB103 26308 AWJ 52668 b
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:

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(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the

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public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters

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between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.

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(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).

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(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the

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Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or

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detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.

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(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
12-13-22.)

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(Text of Section after amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted

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invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons

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who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the

HB2488 - 20 - LRB103 26308 AWJ 52668 b
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services

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Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be

HB2488 - 22 - LRB103 26308 AWJ 52668 b
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating

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a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by

HB2488 - 24 - LRB103 26308 AWJ 52668 b
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and

HB2488 - 25 - LRB103 26308 AWJ 52668 b
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object

HB2488 - 26 - LRB103 26308 AWJ 52668 b
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk

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management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,

HB2488 - 28 - LRB103 26308 AWJ 52668 b
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted

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under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section

HB2488 - 30 - LRB103 26308 AWJ 52668 b
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat

HB2488 - 31 - LRB103 26308 AWJ 52668 b
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Medical records, books, papers, or other
documents that a medical examiner, deputy medical
examiner, or investigator obtains in conducting an
investigation or inquest under Division 3-3 of the
Counties Code.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,

HB2488 - 32 - LRB103 26308 AWJ 52668 b
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
6-10-22; revised 12-13-22.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation

HB2488 - 33 - LRB103 26308 AWJ 52668 b
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.

HB2488 - 34 - LRB103 26308 AWJ 52668 b
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,

HB2488 - 35 - LRB103 26308 AWJ 52668 b
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance

HB2488 - 36 - LRB103 26308 AWJ 52668 b
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult

HB2488 - 37 - LRB103 26308 AWJ 52668 b
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being

HB2488 - 38 - LRB103 26308 AWJ 52668 b
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to

HB2488 - 39 - LRB103 26308 AWJ 52668 b
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.

HB2488 - 40 - LRB103 26308 AWJ 52668 b
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,

HB2488 - 41 - LRB103 26308 AWJ 52668 b
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Information obtained by an elderly and
vulnerable adult death review team under subsection (c) of
Section 3-3020 of the Counties Code.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
Section 15. The Election Code is amended by changing
Section 18A-218.10 as follows:
(10 ILCS 5/18A-218.10)
Sec. 18A-218.10. Definitions relating to provisional
ballots.
(a) As used in this Article:
"Citywide or villagewide office" means an office
elected by the electors of an entire municipality.
"Correct precinct" means the precinct containing the

HB2488 - 42 - LRB103 26308 AWJ 52668 b
addresses at which the provisional voter resides and at
which he or she is registered to vote.
"Countywide office" means the offices of Clerk,
Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
Auditor, County Board President, County Board Member or
County Commissioner in those counties that elect those
officers countywide, Coroner, Regional Superintendent of
Schools, Sanitary District Commissioners or Trustees,
Assessor, Board of Review Members in those counties that
elect those officers countywide, and Treasurer.
"Election authority" means either the County Clerk,
County Board of Election Commissioners, or Municipal Board
of Election Commissioners, as the case may be.
"Election jurisdiction" means an entire county, in the
case of a county in which no city board of election
commissioners is located or that is under the jurisdiction
of a county board of election commissioners; the
territorial jurisdiction of a city board of election
commissioners; and the territory in a county outside of
the jurisdiction of a city board of election
commissioners. Election jurisdictions shall be determined
according to which election authority maintains the
permanent registration records of qualified electors.
"Incorrect precinct" means the precinct in which the
voter cast a provisional ballot, but is not the precinct
containing the address at which he or she is registered to

HB2488 - 43 - LRB103 26308 AWJ 52668 b
vote. In order for a provisional ballot to be eligible for
counting when cast in an incorrect precinct, that precinct
must be located within either the county or municipality
in which the voter is registered.
"Leading established political party" means one of the
two political parties whose candidates for Governor at the
most recent 3 gubernatorial elections received either the
highest or second highest average number of votes. The
first leading political party is the party whose candidate
for Governor received the highest average number of votes
in the 3 most recent gubernatorial elections and the
second leading political party is the party whose
candidate for Governor received the second highest average
number of votes in the 3 most recent gubernatorial
elections.
"Legislative district" means the district in which an
Illinois State Senator is elected to serve the residents.
"Persons entitled to vote provisionally" or
"provisional voter" means a person claiming to be a
registered voter who is entitled by Section 18A-5 of this
Code to vote a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the
official list of eligible voters for the precinct in
which the person seeks to vote and the person has
refused an opportunity to register at the polling

HB2488 - 44 - LRB103 26308 AWJ 52668 b
location or another grace period registration site.
(2) The person's voting status has been
successfully challenged by an election judge, a
pollwatcher or any legal voter.
(3) A federal or State court order extends the
time for closing the polls beyond the time period
established by State law and the person votes during
the extended time period.
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or by vote by mail ballot, but fails
to do so.
(5) The voter's name appears on the list of voters
who voted during the early voting period, but the
voter claims not to have voted during the early voting
period.
(6) The voter received a vote by mail ballot but
did not return the vote by mail ballot to the election
authority, and failed to surrender it to the election
judges.
(7) The voter attempted to register to vote on
election day, but failed to provide the necessary
documentation.
"Representative district" means the district from
which an Illinois State Representative is elected to serve
the residents.

HB2488 - 45 - LRB103 26308 AWJ 52668 b
"Statewide office" means the Constitutional offices of
Governor and Lt. Governor running jointly, Secretary of
State, Attorney General, Comptroller, and Treasurer.
"Township office" means an office elected by the
electors of an entire township.
(b) Procedures for Voting Provisionally in the Polling
Place.
(1) If any of the 7 reasons cited in the definition of
provisional voter in subsection (a) for casting a
provisional ballot exists, an election judge must accept
any information provided by a person who casts a
provisional ballot that the person believes supports his
or her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the
person's residence address is outside the precinct
boundaries, the election judge shall inform the person of
that fact, give the person the appropriate telephone
number of the election authority in order to locate the
polling place assigned to serve that address (or consult
any alternative tools provided by the election authority
for determining a voter's correct precinct polling place)
and instruct the person to go to the proper polling place
to vote.
(2) Once it has been determined by the election judges
that the person is entitled to receive a provisional
ballot, and the voter has completed the provisional voter

HB2488 - 46 - LRB103 26308 AWJ 52668 b
affidavit, the voter shall be given a provisional ballot
and shall proceed to vote that ballot. Upon receipt of the
ballot by the election judges, the ballot shall be
transmitted to the election authority in accordance with
subsection (a) of Section 18A-10 of this Code.
(3) In the event that a provisional ballot is
mistakenly cast in a precinct other than the precinct that
contains the voter's address of registration (if the voter
believed he or she registered in the precinct in which he
or she voted provisionally, and the election judges should
have, but did not direct the voter to vote in the correct
precinct), Section 218.20 shall apply.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/2A-18 rep.)
Section 20. The Election Code is amended by repealing
Section 2A-18.
Section 25. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 and by adding Section 5-566
as follows:
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all residents of Illinois are

HB2488 - 47 - LRB103 26308 AWJ 52668 b
entitled to lead healthy lives. Governmental public health has
a specific responsibility to ensure that a public health
system is in place to allow the public health mission to be
achieved. The public health system is the collection of
public, private, and voluntary entities as well as individuals
and informal associations that contribute to the public's
health within the State. To develop a public health system
requires certain core functions to be performed by government.
The State Board of Health is to assume the leadership role in
advising the Director in meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be
physicians licensed to practice medicine in all its branches,
one representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic
physician. One member shall be a dentist; one an environmental
health practitioner; one a local public health administrator;
one a local board of health member; one a registered nurse; one

HB2488 - 48 - LRB103 26308 AWJ 52668 b
a physical therapist; one an optometrist; one a veterinarian;
one a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of Public Act 93-975 (January 1, 2005), in the
appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of
one year, so that the term of no more than 6 members expire in
the same year. All members shall be legal residents of the
State of Illinois. The duties of the Board shall include, but
not be limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the
purpose of recommending to the Director one or more of the
following:

HB2488 - 49 - LRB103 26308 AWJ 52668 b
(i) The elimination of bodies whose activities are
not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose activities
encompass compatible programmatic subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director for
public health emergencies and control of health hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public health
agencies and organizations.
(8) To report on or before February 1 of each year on
the health of the residents of Illinois to the Governor,

HB2488 - 50 - LRB103 26308 AWJ 52668 b
the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or peremptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time
period, of the Department after September 19, 1991 (the
effective date of Public Act 87-633). The Board shall
review the proposed rules within 90 days of submission by
the Department. The Department shall take into
consideration any comments and recommendations of the
Board regarding the proposed rules prior to submission to
the Secretary of State for initial publication. If the
Department disagrees with the recommendations of the
Board, it shall submit a written response outlining the
reasons for not accepting the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout the
State. At the conclusion of the hearings, the State Board
of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by

HB2488 - 51 - LRB103 26308 AWJ 52668 b
the Board based on these hearings.
(10) To deliver to the Governor for presentation to
the General Assembly a State Health Assessment (SHA) and a
State Health Improvement Plan (SHIP). The first 5 such
plans shall be delivered to the Governor on January 1,
2006, January 1, 2009, January 1, 2016, January 1, 2021,
and December 31, 2023, and then every 5 years thereafter.
The State Health Assessment and State Health
Improvement Plan shall assess and recommend priorities and
strategies to improve the public health system and the
health status of Illinois residents, reduce health
disparities and inequities, and promote health equity. The
State Health Assessment and State Health Improvement Plan
development and implementation shall conform to national
Public Health Accreditation Board Standards. The State
Health Assessment and State Health Improvement Plan
development and implementation process shall be carried
out with the administrative and operational support of the
Department of Public Health.
The State Health Assessment shall include
comprehensive, broad-based data and information from a
variety of sources on health status and the public health
system including:
(i) quantitative data, if it is available, on the
demographics and health status of the population,
including data over time on health by gender identity,

HB2488 - 52 - LRB103 26308 AWJ 52668 b
sexual orientation, race, ethnicity, age,
socio-economic factors, geographic region, disability
status, and other indicators of disparity;
(ii) quantitative data on social and structural
issues affecting health (social and structural
determinants of health), including, but not limited
to, housing, transportation, educational attainment,
employment, and income inequality;
(iii) priorities and strategies developed at the
community level through the Illinois Project for Local
Assessment of Needs (IPLAN) and other local and
regional community health needs assessments;
(iv) qualitative data representing the
population's input on health concerns and well-being,
including the perceptions of people experiencing
disparities and health inequities;
(v) information on health disparities and health
inequities; and
(vi) information on public health system strengths
and areas for improvement.
The State Health Improvement Plan shall focus on
prevention, social determinants of health, and promoting
health equity as key strategies for long-term health
improvement in Illinois.
The State Health Improvement Plan shall identify
priority State health issues and social issues affecting

HB2488 - 53 - LRB103 26308 AWJ 52668 b
health, and shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the State Health
Improvement Plan shall make recommendations, provided that
data exists to support such recommendations, regarding
priorities and strategies for reducing and eliminating
health disparities and health inequities in Illinois;
including racial, ethnic, gender identification, sexual
orientation, age, disability, socio-economic, and
geographic disparities. The State Health Improvement Plan
shall make recommendations regarding social determinants
of health, such as housing, transportation, educational
attainment, employment, and income inequality.
The development and implementation of the State Health
Assessment and State Health Improvement Plan shall be a
collaborative public-private cross-agency effort overseen
by the SHA and SHIP Partnership. The Director of Public
Health shall consult with the Governor to ensure
participation by the head of State agencies with public
health responsibilities (or their designees) in the SHA
and SHIP Partnership, including, but not limited to, the
Department of Public Health, the Department of Human
Services, the Department of Healthcare and Family

HB2488 - 54 - LRB103 26308 AWJ 52668 b
Services, the Department of Children and Family Services,
the Environmental Protection Agency, the Illinois State
Board of Education, the Department on Aging, the Illinois
Housing Development Authority, the Illinois Criminal
Justice Information Authority, the Department of
Agriculture, the Department of Transportation, the
Department of Corrections, the Department of Commerce and
Economic Opportunity, and the Chair of the State Board of
Health to also serve on the Partnership. A member of the
Governor's staff shall participate in the Partnership and
serve as a liaison to the Governor's office.
The Director of Public Health shall appoint a minimum
of 15 other members of the SHA and SHIP Partnership
representing a range of public, private, and voluntary
sector stakeholders and participants in the public health
system. For the first SHA and SHIP Partnership after April
27, 2021 (the effective date of Public Act 102-4),
one-half of the members shall be appointed for a 3-year
term, and one-half of the members shall be appointed for a
5-year term. Subsequently, members shall be appointed to
5-year terms. Should any member not be able to fulfill his
or her term, the Director may appoint a replacement to
complete that term. The Director, in consultation with the
SHA and SHIP Partnership, may engage additional
individuals and organizations to serve on subcommittees
and ad hoc efforts to conduct the State Health Assessment

HB2488 - 55 - LRB103 26308 AWJ 52668 b
and develop and implement the State Health Improvement
Plan. Members of the SHA and SHIP Partnership shall
receive no compensation for serving as members, but may be
reimbursed for their necessary expenses if departmental
resources allow.
The SHA and SHIP Partnership shall include
representatives of local health departments and
individuals with expertise who represent an array of
organizations and constituencies engaged in public health
improvement and prevention, such as non-profit public
interest groups, groups serving populations that
experience health disparities and health inequities,
groups addressing social determinants of health, health
issue groups, faith community groups, health care
providers, businesses and employers, academic
institutions, and community-based organizations.
The Director shall endeavor to make the membership of
the Partnership diverse and inclusive of the racial,
ethnic, gender, socio-economic, and geographic diversity
of the State. The SHA and SHIP Partnership shall be
chaired by the Director of Public Health or his or her
designee.
The SHA and SHIP Partnership shall develop and
implement a community engagement process that facilitates
input into the development of the State Health Assessment
and State Health Improvement Plan. This engagement process

HB2488 - 56 - LRB103 26308 AWJ 52668 b
shall ensure that individuals with lived experience in the
issues addressed in the State Health Assessment and State
Health Improvement Plan are meaningfully engaged in the
development and implementation of the State Health
Assessment and State Health Improvement Plan.
The State Board of Health shall hold at least 3 public
hearings addressing a draft of the State Health
Improvement Plan in representative geographic areas of the
State.
Upon the delivery of each State Health Assessment and
State Health Improvement Plan, the SHA and SHIP
Partnership shall coordinate the efforts and engagement of
the public, private, and voluntary sector stakeholders and
participants in the public health system to implement each
SHIP. The Partnership shall serve as a forum for
collaborative action; coordinate existing and new
initiatives; develop detailed implementation steps, with
mechanisms for action; implement specific projects;
identify public and private funding sources at the local,
State and federal level; promote public awareness of the
SHIP; and advocate for the implementation of the SHIP. The
SHA and SHIP Partnership shall implement strategies to
ensure that individuals and communities affected by health
disparities and health inequities are engaged in the
process throughout the 5-year cycle. The SHA and SHIP
Partnership shall regularly evaluate and update the State

HB2488 - 57 - LRB103 26308 AWJ 52668 b
Health Assessment and track implementation of the State
Health Improvement Plan with revisions as necessary. The
SHA and SHIP Partnership shall not have the authority to
direct any public or private entity to take specific
action to implement the SHIP.
The State Board of Health shall submit a report by
January 31 of each year on the status of State Health
Improvement Plan implementation and community engagement
activities to the Governor, General Assembly, and public.
In the fifth year, the report may be consolidated into the
new State Health Assessment and State Health Improvement
Plan.
(11) Upon the request of the Governor, to recommend to
the Governor candidates for Director of Public Health when
vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
(13) (Blank).
Upon appointment, the Board shall elect a chairperson from
among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed

HB2488 - 58 - LRB103 26308 AWJ 52668 b
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
(b) (Blank).
(c) An Advisory Board on Necropsy Service to Medical
Examiners Coroners shall counsel and advise with the Director
on the administration of the Autopsy Act. The Advisory Board
shall consist of 11 members, including a senior citizen age 60
or over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of one year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members first
appointed under Public Act 83-1538 shall serve for a term of 3
years. All members appointed thereafter shall be appointed for
terms of 3 years, except that when an appointment is made to
fill a vacancy, the appointment shall be for the remaining
term of the position vacant. The members of the Board shall be
citizens of the State of Illinois. In the appointment of
members of the Advisory Board, the Governor shall appoint 3
members who shall be persons licensed to practice medicine and
surgery in the State of Illinois, at least 2 of whom shall have
received post-graduate training in the field of pathology; 3
members who are medical examiners duly elected coroners in

HB2488 - 59 - LRB103 26308 AWJ 52668 b
this State; and 5 members who shall have interest and
abilities in the field of forensic medicine but who shall be
neither persons licensed to practice any branch of medicine in
this State nor medical examiners coroners. In the appointment
of medical and medical examiner coroner members of the Board,
the Governor shall invite nominations from recognized medical
and medical examiner coroners organizations in this State
respectively. Board members, while serving on business of the
Board, shall receive actual necessary travel and subsistence
expenses while so serving away from their places of residence.
(Source: P.A. 102-4, eff. 4-27-21; 102-558, eff. 8-20-21;
102-674, eff. 11-30-21; 102-1109, eff. 12-21-22.)
(20 ILCS 5/5-566 new)
Sec. 5-566. Transition to Advisory Board on Necropsy
Service to Medical Examiners. No later than November 30, 2024,
the Governor shall appoint 3 medical examiners to the Board
under subsection (c) of Section 5-565, designating for each
appointment which coroner on the Board is being replaced, from
the medical examiners appointed under subsection (a) of
Section 3-3000 of the Counties Code. The terms of the medical
examiners appointed under this Section shall expire at the
same time of the coroner whom each medical examiner replaced.
If all 3 medical examiners are not appointed to the Board under
this Section on or before November 30, 2024, the coroner or
coroners on the Board who have not yet been replaced with a

HB2488 - 60 - LRB103 26308 AWJ 52668 b
medical examiner on November 30, 2024 shall continue as Board
members until medical examiners are appointed and qualified to
replace them.
Section 30. The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program. The purpose
of the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of

HB2488 - 61 - LRB103 26308 AWJ 52668 b
1965, as now or hereafter amended. The Long Term Care
Ombudsman Program is authorized, subject to sufficient
appropriations, to advocate on behalf of older persons and
persons with disabilities residing in their own homes or
community-based settings, relating to matters which may
adversely affect the health, safety, welfare, or rights of
such individuals.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment or supportive
living facility;
(ii) Communicate privately and without restriction
with any resident, regardless of age, who consents to
the communication;
(iii) Seek consent to communicate privately and
without restriction with any participant or resident,
regardless of age;
(iv) Inspect the clinical and other records of a
participant or resident, regardless of age, with the
express written consent of the participant or
resident;
(v) Observe all areas of the long term care
facility or supportive living facilities, assisted
living or shared housing establishment except the

HB2488 - 62 - LRB103 26308 AWJ 52668 b
living area of any resident who protests the
observation; and
(vi) Subject to permission of the participant or
resident requesting services or his or her
representative, enter a home or community-based
setting.
(2) "Long Term Care Facility" means (i) any facility
as defined by Section 1-113 of the Nursing Home Care Act,
as now or hereafter amended; (ii) any skilled nursing
facility or a nursing facility which meets the
requirements of Section 1819(a), (b), (c), and (d) or
Section 1919(a), (b), (c), and (d) of the Social Security
Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
(b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
(d)); (iii) any facility as defined by Section 1-113 of
the ID/DD Community Care Act, as now or hereafter amended;
(iv) any facility as defined by Section 1-113 of MC/DD
Act, as now or hereafter amended; and (v) any facility
licensed under Section 4-105 or 4-201 of the Specialized
Mental Health Rehabilitation Act of 2013, as now or
hereafter amended.
(2.5) "Assisted living establishment" and "shared
housing establishment" have the meanings given those terms
in Section 10 of the Assisted Living and Shared Housing
Act.
(2.7) "Supportive living facility" means a facility

HB2488 - 63 - LRB103 26308 AWJ 52668 b
established under Section 5-5.01a of the Illinois Public
Aid Code.
(2.8) "Community-based setting" means any place of
abode other than an individual's private home.
(3) "State Long Term Care Ombudsman" means any person
employed by the Department to fulfill the requirements of
the Office of State Long Term Care Ombudsman as required
under the Older Americans Act of 1965, as now or hereafter
amended, and Departmental policy.
(3.1) "Ombudsman" means any designated representative
of the State Long Term Care Ombudsman Program; provided
that the representative, whether he is paid for or
volunteers his ombudsman services, shall be qualified and
designated by the Office to perform the duties of an
ombudsman as specified by the Department in rules and in
accordance with the provisions of the Older Americans Act
of 1965, as now or hereafter amended.
(4) "Participant" means an older person aged 60 or
over or an adult with a disability aged 18 through 59 who
is eligible for services under any of the following:
(i) A medical assistance waiver administered by
the State.
(ii) A managed care organization providing care
coordination and other services to seniors and persons
with disabilities.
(5) "Resident" means an older person aged 60 or over

HB2488 - 64 - LRB103 26308 AWJ 52668 b
or an adult with a disability aged 18 through 59 who
resides in a long-term care facility.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time
ombudsman and shall include a system of designated regional
long term care ombudsman programs. Each regional program shall
be designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman
and the designated regional Ombudsman programs. The
administrative rules shall include the responsibility of the
Office and designated regional programs to investigate and
resolve complaints made by or on behalf of residents of long
term care facilities, supportive living facilities, and
assisted living and shared housing establishments, and
participants residing in their own homes or community-based
settings, including the option to serve residents and
participants under the age of 60, relating to actions,
inaction, or decisions of providers, or their representatives,
of such facilities and establishments, of public agencies, or
of social services agencies, which may adversely affect the

HB2488 - 65 - LRB103 26308 AWJ 52668 b
health, safety, welfare, or rights of such residents and
participants. The Office and designated regional programs may
represent all residents and participants, but are not required
by this Act to represent persons under 60 years of age, except
to the extent required by federal law. When necessary and
appropriate, representatives of the Office shall refer
complaints to the appropriate regulatory State agency. The
Department, in consultation with the Office, shall cooperate
with the Department of Human Services and other State agencies
in providing information and training to designated regional
long term care ombudsman programs about the appropriate
assessment and treatment (including information about
appropriate supportive services, treatment options, and
assessment of rehabilitation potential) of the participants
they serve.
The State Long Term Care Ombudsman and all other
ombudsmen, as defined in paragraph (3.1) of subsection (b)
must submit to background checks under the Health Care Worker
Background Check Act and receive training, as prescribed by
the Illinois Department on Aging, before visiting facilities,
private homes, or community-based settings. The training must
include information specific to assisted living
establishments, supportive living facilities, shared housing
establishments, private homes, and community-based settings
and to the rights of residents and participants guaranteed
under the corresponding Acts and administrative rules.

HB2488 - 66 - LRB103 26308 AWJ 52668 b
(c-5) Consumer Choice Information Reports. The Office
shall:
(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities to aid
Illinoisans and their families in making informed choices
about long term care. The Office shall create a Consumer
Choice Information Report for each type of licensed long
term care facility. The Office shall collaborate with the
Attorney General and the Department of Human Services to
create a Consumer Choice Information Report form for
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act.
(2) Develop a database of Consumer Choice Information
Reports completed by licensed long term care facilities
that includes information in the following consumer
categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.
(C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.
(H) Rooms, Furnishings, and Equipment.
(I) Family, Volunteer, and Visitation Provisions.

HB2488 - 67 - LRB103 26308 AWJ 52668 b
(3) Make this information accessible to the public,
including on the Internet by means of a hyperlink on the
Office's World Wide Web home page. Information about
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act shall be made accessible to the public by the
Department of Human Services, including on the Internet by
means of a hyperlink on the Department of Human Services'
"For Customers" website.
(4) Have the authority, with the Attorney General, to
verify that information provided by a facility is
accurate.
(5) Request a new report from any licensed facility
whenever it deems necessary.
(6) Include in the Office's Consumer Choice
Information Report for each type of licensed long term
care facility additional information on each licensed long
term care facility in the State of Illinois, including
information regarding each facility's compliance with the
relevant State and federal statutes, rules, and standards;
customer satisfaction surveys; and information generated
from quality measures developed by the Centers for
Medicare and Medicaid Services.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and
subparagraphs (A) and (E) of paragraph (3) of subsection

HB2488 - 68 - LRB103 26308 AWJ 52668 b
(c) of Section 1919 of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
Older Americans Act of 1965, as now or hereafter amended
(42 U.S.C. 3058f), a long term care facility, supportive
living facility, assisted living establishment, and shared
housing establishment must:
(i) permit immediate access to any resident,
regardless of age, by a designated ombudsman;
(ii) permit representatives of the Office, with
the permission of the resident's legal representative
or legal guardian, to examine a resident's clinical
and other records, regardless of the age of the
resident, and if a resident is unable to consent to
such review, and has no legal guardian, permit
representatives of the Office appropriate access, as
defined by the Department, in consultation with the
Office, in administrative rules, to the resident's
records; and
(iii) permit a representative of the Program to
communicate privately and without restriction with any
participant who consents to the communication
regardless of the consent of, or withholding of
consent by, a legal guardian or an agent named in a
power of attorney executed by the participant.
(2) Each long term care facility, supportive living

HB2488 - 69 - LRB103 26308 AWJ 52668 b
facility, assisted living establishment, and shared
housing establishment shall display, in multiple,
conspicuous public places within the facility accessible
to both visitors and residents and in an easily readable
format, the address and phone number of the Office of the
Long Term Care Ombudsman, in a manner prescribed by the
Office.
(e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or
attempt to impede in any way any representative of the
Office in the performance of his official duties under
this Act and the Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate
against, or effect reprisals against any long term
care facility resident or employee for contacting or
providing information to any representative of the
Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.

HB2488 - 70 - LRB103 26308 AWJ 52668 b
(3) The State Long Term Care Ombudsman shall notify
the State's Attorney of the county in which the long term
care facility, supportive living facility, or assisted
living or shared housing establishment is located, or the
Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by
the State Ombudsman or the regional ombudsmen entities of
files maintained by the program. The procedures shall provide
that the files and records may be disclosed only at the
discretion of the State Long Term Care Ombudsman or the person
designated by the State Ombudsman to disclose the files and
records, and the procedures shall prohibit the disclosure of
the identity of any complainant, resident, participant,
witness, or employee of a long term care provider unless:
(1) the complainant, resident, participant, witness,
or employee of a long term care provider or his or her
legal representative consents to the disclosure and the
consent is in writing;
(2) the complainant, resident, participant, witness,
or employee of a long term care provider gives consent
orally; and the consent is documented contemporaneously in
writing in accordance with such requirements as the
Department shall establish; or
(3) the disclosure is required by court order.
(h) Legal representation. The Attorney General shall

HB2488 - 71 - LRB103 26308 AWJ 52668 b
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
(i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the
medical supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility
operated exclusively by and for members or adherents of any
church or religious denomination the tenets and practices of
which include reliance solely upon spiritual means through
prayer for healing.
(j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on
moneys in the fund shall be credited to the fund. Moneys
contained in the fund shall be used to support the purposes of
this Section.
(k) Each Regional Ombudsman may, in accordance with rules
promulgated by the Office, establish a multi-disciplinary team
to act in an advisory role for the purpose of providing
professional knowledge and expertise in handling complex
abuse, neglect, and advocacy issues involving participants.
Each multi-disciplinary team may consist of one or more
volunteer representatives from any combination of at least 7

HB2488 - 72 - LRB103 26308 AWJ 52668 b
members from the following professions: banking or finance;
disability care; health care; pharmacology; law; law
enforcement; emergency responder; mental health care; clergy;
coroner or medical examiner; substance abuse; domestic
violence; sexual assault; or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply
records as may be requested in particular cases. The Regional
Ombudsman, or his or her designee, of the area in which the
multi-disciplinary team is created shall be the facilitator of
the multi-disciplinary team.
(Source: P.A. 102-1033, eff. 1-1-23.)
Section 35. The Child Death Review Team Act is amended by
changing Sections 15, 20, 25, and 40 as follows:
(20 ILCS 515/15)
Sec. 15. Child death review teams; establishment.
(a) The Inspector General of the Department, in
consultation and cooperation with the Executive Council, law
enforcement, and other professionals who work in the field of
investigating, treating, or preventing child abuse or neglect
in that subregion, shall appoint members to a child death
review team in each of the Department's administrative
subregions of the State outside Cook County and at least one
child death review team in Cook County. The members of a team

HB2488 - 73 - LRB103 26308 AWJ 52668 b
shall be appointed for 2-year terms and shall be eligible for
reappointment upon the expiration of the terms. The Inspector
General of the Department must fill any vacancy in a team
within 60 days after that vacancy occurs.
(b) Each child death review team shall consist of at least
one member from each of the following categories:
(1) Pediatrician or other physician knowledgeable
about child abuse and neglect.
(2) Representative of the Department.
(3) State's attorney or State's attorney's
representative.
(4) Representative of a local law enforcement agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Representative of a school district or other
education or child care interests.
(8) Medical examiner Coroner or forensic pathologist.
(9) Representative of a child welfare agency or child
advocacy organization.
(10) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(11) Representative of the Illinois State Police.
(12) Representative of the Department of Public
Health.
Each child death review team may make recommendations to
the Inspector General of the Department concerning additional

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appointments. In the event of a disagreement, the Executive
Council's decision shall control.
Each child death review team member must have demonstrated
experience and an interest in investigating, treating, or
preventing child abuse or neglect.
(c) Each child death review team shall select a
chairperson and vice-chairperson from among its members. The
chairperson shall also serve on the Illinois Child Death
Review Teams Executive Council. The vice-chairperson may also
serve on the Illinois Child Death Review Teams Executive
Council, but shall not have a vote on child death review team
business unless the chairperson is unable to attend a meeting.
(d) The child death review teams shall be funded under a
separate line item in the Department's annual budget.
(e) The Department shall provide at least one full-time
Statewide Department of Children and Family Services Liaison
who shall attend all child death review team meetings, all
Executive meetings, all Executive Council meetings, and
meetings between the Director and the Executive Council.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 515/20)
Sec. 20. Reviews of child deaths.
(a) Every child death shall be reviewed by the team in the
subregion which has primary case management responsibility.
The deceased child must be one of the following:

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(1) A youth in care.
(2) The subject of an open service case maintained by
the Department.
(3) The subject of a pending child abuse or neglect
investigation.
(4) A child who was the subject of an abuse or neglect
investigation at any time during the 12 months preceding
the child's death.
(5) Any other child whose death is reported to the
State central register as a result of alleged child abuse
or neglect which report is subsequently indicated.
A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths, cases
of serious or fatal injuries to a child identified under the
Children's Advocacy Center Act, and all unfounded child death
cases.
(b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
(1) Assist in determining the cause and manner of the
child's death, when requested.
(2) Evaluate means by which the death might have been
prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number of
child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals

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involved in investigating, treating, and preventing child
abuse and neglect as a means of preventing child deaths
due to abuse or neglect.
(5) Make specific recommendations to the Director and
the Inspector General of the Department concerning the
prevention of child deaths due to abuse or neglect and the
establishment of protocols for investigating child deaths.
(c) A child death review team shall review a child death as
soon as practical and not later than 90 days following the
completion by the Department of the investigation of the death
under the Abused and Neglected Child Reporting Act. When there
has been no investigation by the Department, the child death
review team shall review a child's death within 90 days after
obtaining the information necessary to complete the review
from the coroner, pathologist, medical examiner, or law
enforcement agency, depending on the nature of the case. A
child death review team shall meet at least once in each
calendar quarter.
(d) The Director shall, within 90 days, review and reply
to recommendations made by a team under item (5) of subsection
(b). With respect to each recommendation made by a team, the
Director shall submit his or her reply both to the chairperson
of that team and to the chairperson of the Executive Council.
The Director's reply to each recommendation must include a
statement as to whether the Director intends to implement the
recommendation. The Director shall meet in person with the

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Executive Council at least every 60 days to discuss
recommendations and the Department's responses.
The Director shall implement recommendations as feasible
and appropriate and shall respond in writing to explain the
implementation or nonimplementation of the recommendations.
(e) Within 90 days after the Director submits a reply with
respect to a recommendation as required by subsection (d), the
Director must submit an additional report that sets forth in
detail the way, if any, in which the Director will implement
the recommendation and the schedule for implementing the
recommendation. The Director shall submit this report to the
chairperson of the team that made the recommendation and to
the chairperson of the Executive Council.
(f) Within 180 days after the Director submits a report
under subsection (e) concerning the implementation of a
recommendation, the Director shall submit a further report to
the chairperson of the team that made the recommendation and
to the chairperson of the Executive Council. This report shall
set forth the specific changes in the Department's policies
and procedures that have been made in response to the
recommendation.
(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
(20 ILCS 515/25)
Sec. 25. Team access to information.
(a) No later than 21 days prior to a child death review

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team meeting, the Department shall provide to a child death
review team and its staff all records and information in the
Department's possession that are relevant to the team's review
of a child death, including records and information concerning
previous reports or investigations of suspected child abuse or
neglect, all records and information from the Statewide
Automated Child Welfare Information System or from any other
database maintained by the Department, and all documents,
including, but not limited to, police reports and medical
information.
(b) A child death review team shall have access to all
records and information that are relevant to its review of a
child death and in the possession of a State or local
governmental agency, including, but not limited to,
information gained through the Child Advocacy Center protocol
for cases of serious or fatal injury to a child. These records
and information include, without limitation, birth
certificates, all relevant medical and mental health records,
records of law enforcement agency investigations, records of
coroner or medical examiner investigations, records of the
Department of Corrections and Department of Juvenile Justice
concerning a person's parole or aftercare release, records of
a probation and court services department, and records of a
social services agency that provided services to the child or
the child's family.
(c) Child death review team staff must have full access to

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the Statewide Automated Child Welfare Information System, any
other child welfare database maintained by the Department, and
any child death certificates held by the Office of Vital
Records within the Department of Public Health.
(Source: P.A. 100-1122, eff. 11-27-18.)
(20 ILCS 515/40)
Sec. 40. Illinois Child Death Review Teams Executive
Council.
(a) The Illinois Child Death Review Teams Executive
Council, consisting of the chairpersons of the 9 child death
review teams in Illinois, is the coordinating and oversight
body for child death review teams and activities in Illinois.
The vice-chairperson of a child death review team, as
designated by the chairperson, may serve as a back-up member
or an alternate member of the Executive Council, if the
chairperson of the child death review team is unavailable to
serve on the Executive Council. The Inspector General of the
Department, ex officio, is a non-voting member of the
Executive Council. The Inspector General of the Department may
appoint to the Executive Council any additional ex-officio
members deemed necessary. Persons with expertise needed by the
Executive Council may be invited to meetings. The Executive
Council must select from its members a chairperson and a
vice-chairperson, each to serve a 2-year, renewable term.
The Executive Council must meet at least 4 times during

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each calendar year. At each such meeting, in addition to any
other matters under consideration, the Executive Council shall
review all replies and reports received from the Director
pursuant to subsections (d), (e), and (f) of Section 20 since
the Executive Council's previous meeting. The Executive
Council's review must include consideration of the Director's
proposed manner of and schedule for implementing each
recommendation made by a child death review team.
(b) The Department must provide or arrange for the staff
support necessary for the Executive Council to carry out its
duties. This includes a full-time Executive Director and
support staff person. The Inspector General of the Department,
in cooperation and consultation with the Executive Council,
shall appoint, reappoint, and remove team members. In the
event of a disagreement, the Executive Council's decision
shall control. From funds available, the Director may select
from a list of 2 or more candidates recommended by the
Executive Council to serve as the Child Death Review Teams
Executive Director. The Child Death Review Teams Executive
Director shall oversee the operations of the child death
review teams and shall report directly to the Executive
Council.
(c) The Executive Council has, but is not limited to, the
following duties:
(1) To serve as the voice of child death review teams
in Illinois.

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(2) To oversee the regional teams in order to ensure
that the teams' work is coordinated and in compliance with
the statutes and the operating protocol.
(3) To ensure that the data, results, findings, and
recommendations of the teams are adequately used to make
any necessary changes in the policies, procedures, and
statutes in order to protect children in a timely manner.
(4) To collaborate with the General Assembly, the
Department, and others in order to develop any legislation
needed to prevent child fatalities and to protect
children.
(5) To assist in the development of quarterly and
annual reports based on the work and the findings of the
teams.
(6) To ensure that the regional teams' review
processes are standardized in order to convey data,
findings, and recommendations in a usable format.
(7) To serve as a link with child death review teams
throughout the country and to participate in national
child death review team activities.
(8) To develop an annual statewide symposium to update
the knowledge and skills of child death review team
members and to promote the exchange of information between
teams.
(9) To provide the child death review teams with the
most current information and practices concerning child

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death review and related topics.
(10) To perform any other functions necessary to
enhance the capability of the child death review teams to
reduce and prevent child injuries and fatalities.
(c-5) The Executive Council shall prepare an annual
report. The report must include, but need not be limited to,
(i) each recommendation made by a child death review team
pursuant to item (5) of subsection (b) of Section 20 during the
period covered by the report, (ii) the Director's proposed
schedule for implementing each such recommendation, and (iii)
a description of the specific changes in the Department's
policies and procedures that have been made in response to the
recommendation. The Executive Council shall send a copy of its
annual report to each of the following:
(1) The Governor.
(2) Each member of the Senate or the House of
Representatives, county coroners and medical examiners,
and State's Attorneys, in the sole discretion of the
Executive Council.
(3) Each member of each child death review team in the
State.
(d) In any instance when a child death review team does not
operate in accordance with established protocol, the Director,
in consultation and cooperation with the Executive Council,
must take any necessary actions to bring the team into
compliance with the protocol.

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(Source: P.A. 100-1122, eff. 11-27-18.)
Section 40. The Department of Human Services Act is
amended by changing Section 1-17 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Agency" or "community agency" means (i) a community
agency licensed, funded, or certified by the Department, but
not licensed or certified by any other human services agency
of the State, to provide mental health service or

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developmental disabilities service, or (ii) a program
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of
the State, to provide mental health service or developmental
disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an
employee, facility, or agency against an individual or
individuals: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a
gross failure to adequately provide for, or a callused

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indifference to, the health, safety, or medical needs of an
individual and (ii) results in an individual's death or other
serious deterioration of an individual's physical condition or
mental condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility
or agency. Also, "employee" includes any employee or
contractual agent of the Department of Human Services or the
community agency involved in providing or monitoring or
administering mental health or developmental disability
services. This includes but is not limited to: owners,
operators, payroll personnel, contractors, subcontractors, and
volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker

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Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating,
or threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress
or maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused,
or both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results
in either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety

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at substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,

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cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited
to, any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the
Senate shall confirm, an Inspector General. The Inspector
General shall be appointed for a term of 4 years and shall
function within the Department of Human Services and report to
the Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and

HB2488 - 89 - LRB103 26308 AWJ 52668 b
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State
in investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector

HB2488 - 90 - LRB103 26308 AWJ 52668 b
General for investigation.
(f) Limitations. The Inspector General shall not conduct
an investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection
limits investigations by the Department that may otherwise be
required by law or that may be necessary in the Department's
capacity as central administrative authority responsible for
the operation of the State's mental health and developmental
disabilities facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with,
an investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department
in preventing further occurrences of mental abuse, physical

HB2488 - 91 - LRB103 26308 AWJ 52668 b
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons
receiving treatment for mental illness, developmental
disability, or both mental illness and developmental
disability, and (ii) establish and conduct periodic training
programs for facility and agency employees concerning the
prevention and reporting of any one or more of the following:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The Inspector General
shall further ensure (i) every person authorized to conduct
investigations at community agencies receives ongoing training
in Title 59, Parts 115, 116, and 119 of the Illinois
Administrative Code, and (ii) every person authorized to
conduct investigations shall receive ongoing training in Title
59, Part 50 of the Illinois Administrative Code. Nothing in
this Section shall be deemed to prevent the Office of
Inspector General from conducting any other training as
determined by the Inspector General to be necessary or
helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be

HB2488 - 92 - LRB103 26308 AWJ 52668 b
granted access to any facility or agency for the purpose
of investigating any allegation, conducting unannounced
site visits, monitoring compliance with a written
response, or completing any other statutorily assigned
duty. The Inspector General shall conduct unannounced site
visits to each facility at least annually for the purpose
of reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii)
providing false information to an Office of the Inspector
General Investigator during an investigation, (iii)
colluding with other employees to cover up evidence, (iv)
colluding with other employees to provide false
information to an Office of the Inspector General
investigator, (v) destroying evidence, (vi) withholding
evidence, or (vii) otherwise obstructing an Office of the
Inspector General investigation. Additionally, any
employee who, during an unannounced site visit or written

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response compliance check, fails to cooperate with
requests from the Office of the Inspector General is in
violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the
Office of the Inspector General hotline according to the
agency's or facility's procedures, but in no event later
than 4 hours after the initial discovery of the incident,
allegation, or suspicion of any one or more of the

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following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within
24 hours after deflection from a residential program
or facility.
(iii) Any other death of an individual occurring
at an agency or facility or at any Department-funded
site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement. Reporting criminal acts.
Within 24 hours after determining that there is credible
evidence indicating that a criminal act may have been

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committed or that special expertise may be required in an
investigation, the Inspector General shall notify the Illinois
State Police or other appropriate law enforcement authority,
or ensure that such notification is made. The Illinois State
Police shall investigate any report from a State-operated
facility indicating a possible murder, sexual assault, or
other felony by an employee. All investigations conducted by
the Inspector General shall be conducted in a manner designed
to ensure the preservation of evidence for possible use in a
criminal prosecution.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report
on the case to the Secretary and to the director of the
facility or agency where any one or more of the following
occurred: mental abuse, physical abuse, sexual abuse, neglect,
egregious neglect, or financial exploitation. The director of
the facility or agency shall be responsible for maintaining
the confidentiality of the investigative report consistent
with State and federal law. In a substantiated case, the
investigative report shall include any mitigating or

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aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there
was no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county medical examiner's coroner's
office upon written request.

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(n) Written responses, clarification requests, and
reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the
implementation and completion dates of such actions. If
the written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Requests for clarification. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General clarify the finding
or findings for which clarification is sought.
(3) Requests for reconsideration. The facility,
agency, victim or guardian, or the subject employee may
request that the Office of the Inspector General
reconsider the finding or findings or the recommendations.
A request for reconsideration shall be subject to a
multi-layer review and shall include at least one reviewer
who did not participate in the investigation or approval
of the original investigative report. After the

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multi-layer review process has been completed, the
Inspector General shall make the final determination on
the reconsideration request. The investigation shall be
reopened if the reconsideration determination finds that
additional information is needed to complete the
investigative record.
(o) Disclosure of the finding by the Inspector General.
The Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs

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that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of
any implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may
include, but are not limited to: (i) site visits, (ii)
telephone contact, and (iii) requests for additional
documentation evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary
under Subdivision (p)(iv) of this Section, shall be designed
to prevent further acts of mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation or some combination of one or more of those acts
at a facility or agency, and may include any one or more of the
following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.

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(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's
Attorney in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health
Care Worker Registry, a public registry, the identity and
finding of each employee of a facility or agency against
whom there is a final investigative report prepared by the
Office of the Inspector General containing a substantiated
allegation of physical or sexual abuse, financial
exploitation, or egregious neglect of an individual,
unless the Inspector General requests a stipulated
disposition of the investigative report that does not
include the reporting of the employee's name to the Health
Care Worker Registry and the Secretary of Human Services
agrees with the requested stipulated disposition.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the

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employee shall contain a clear and concise statement of
the grounds on which the report to the Registry is based,
offer the employee an opportunity for a hearing, and
identify the process for requesting such a hearing. Notice
is sufficient if provided by certified mail to the
employee's last known address. If the employee fails to
request a hearing within 30 days from the date of the
notice, the Inspector General shall report the name of the
employee to the Registry. Nothing in this subdivision
(s)(2) shall diminish or impair the rights of a person who
is a member of a collective bargaining unit under the
Illinois Public Labor Relations Act or under any other
federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge
to present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the

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

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

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(u) Quality Care Board. There is created, within the
Office of the Inspector General, a Quality Care Board to be
composed of 7 members appointed by the Governor with the
advice and consent of the Senate. One of the members shall be
designated as chairman by the Governor. Of the initial
appointments made by the Governor, 4 Board members shall each
be appointed for a term of 4 years and 3 members shall each be
appointed for a term of 2 years. Upon the expiration of each
member's term, a successor shall be appointed for a term of 4
years. In the case of a vacancy in the office of any member,
the Governor shall appoint a successor for the remainder of
the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents of persons with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other
meetings on the call of the chairman. Four members shall
constitute a quorum allowing the Board to conduct its
business. The Board may adopt rules and regulations it deems
necessary to govern its own procedures.

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

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

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health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision
of that service based on his or her religious beliefs or
practices.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
7-26-22.)
Section 45. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-236 and 2310-335 as follows:
(20 ILCS 2310/2310-236)
Sec. 2310-236. Form of medical examiner's coroner's
report; sudden unexpected infant death and sudden infant death
syndrome.
(a) The Department shall develop and require the use of a
form by medical examiners coroners in the case of a death of an
infant in which the cause of death is sudden unexpected infant
death or sudden infant death syndrome. The form shall contain,
at minimum, the following information to be recorded after a

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

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

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confidential communications between patients and therapists or
disclosure or exchange of information contained within a
therapist's personal notes.
(b) Any person identified as a victim of Alzheimer's
disease or a related disorder under the Alzheimer's Disease
Assistance Act shall be provided information regarding the
critical role that autopsies play in the diagnosis and in the
conduct of research into the cause and cure of Alzheimer's
disease and related disorders. The person, or the spouse or
guardian of the person, shall be encouraged to consent to an
autopsy upon the person's death.
The Department shall provide information to medical
examiners and coroners in this State regarding the importance
of autopsies in the diagnosis and in the conduct of research
into the causes and cure of Alzheimer's disease and related
disorders. The Department shall also arrange for education and
training programs that will enable medical examiners and
coroners to conduct autopsies necessary for a proper diagnosis
of Alzheimer's disease or related disorders as the cause or a
contributing factor to a death.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 50. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-40 and 2605-380 as follows:

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(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40. Division of Forensic Services. The Division
of Forensic Services shall exercise the following functions:
(1) Provide crime scene services and traffic crash
reconstruction.
(2) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by Section 2605-300 of
this Law.
(3) Provide assistance to local law enforcement
agencies through training, management, and consultant
services.
(4) (Blank).
(5) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police.
(6) Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by medical examiners coroners and other law
enforcement officers in their efforts to determine whether
alcohol, drugs, or poisonous or other toxic substances
have been involved in deaths, accidents, or illness.
Forensic toxicological laboratories shall be established
in Springfield, Chicago, and elsewhere in the State as
needed.
(6.5) Establish administrative rules in order to set

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forth standardized requirements for the disclosure of
toxicology results and other relevant documents related to
a toxicological analysis. These administrative rules are
to be adopted to produce uniform and sufficient
information to allow a proper, well-informed determination
of the admissibility of toxicology evidence and to ensure
that this evidence is presented competently. These
administrative rules are designed to provide a minimum
standard for compliance of toxicology evidence and are not
intended to limit the production and discovery of material
information.
(7) Subject to specific appropriations made for these
purposes, establish and coordinate a system for providing
accurate and expedited forensic science and other
investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid of
the investigation and trial of capital cases.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
Sec. 2605-380. Dental records. The Illinois State Police
shall do the following:
(1) Coordinate State participation in a national
central repository for dental records of missing persons
and unidentified dead bodies.

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(2) Receive and file dental records submitted by
county medical examiners and coroners from unidentified
dead bodies and submitted by law enforcement agencies from
persons reported missing for more than 30 days.
(3) Provide information from the file on possible
identifications resulting from the comparison of dental
records submitted with those records on file, to county
medical examiners, coroners, and law enforcement agencies.
(4) Expunge the dental records of those missing
persons who are found, and expunge from the file the
dental records of missing persons who are positively
identified as a result of comparisons made with this file
or the files maintained by other states, territories,
insular possessions of the United States, or the United
States.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 55. The Criminal Identification Act is amended by
changing Sections 9 and 9.5 as follows:
(20 ILCS 2630/9) (from Ch. 38, par. 206-9)
Sec. 9. (a) Every county medical examiner and coroner
shall, in every death investigation where the identity of a
dead body cannot be determined by visual means, fingerprints,
or other identifying data, have a qualified dentist, as
determined by the county medical examiner or coroner, conduct

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a dental examination of the dead body. If the county medical
examiner or coroner, with the aid of the dental examination
and other identifiers, is still unable to establish the
identity of the dead body, the medical examiner or coroner
shall forthwith submit the dental records to the Illinois
State Police.
(b) If a person reported missing has not been found within
30 days, the law enforcement agency to whom the person was
reported missing shall, within the next 5 days, make all
necessary efforts to locate and request from the family or
next of kin of the missing person written consent to contact
and receive from the dentist of the missing person that
person's dental records and shall forthwith make every
reasonable effort to acquire such records. Within 5 days of
the receipt of the missing person's dental records, the law
enforcement agency shall submit such records to the Illinois
State Police.
(c) The Illinois State Police shall be the State central
repository for all dental records submitted pursuant to this
Section. The Illinois State Police may promulgate rules for
the form and manner of submission of dental records, reporting
of the location or identification of persons for whom dental
records have been submitted and other procedures for program
operations.
(d) When a person who has been reported missing is located
and that person's dental records have been submitted to the

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Illinois State Police, the law enforcement agency which
submitted that person's dental records to the Illinois State
Police shall report that fact to the Illinois State Police and
the Illinois State Police shall expunge the dental records of
that person from the Illinois State Police's file. The
Illinois State Police shall also expunge from its files the
dental records of those dead and missing persons who are
positively identified as a result of comparisons made with its
files, the files maintained by other states, territories,
insular possessions of the United States, or the United
States.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2630/9.5)
Sec. 9.5. Material for DNA fingerprint analysis. Every
county medical examiner and coroner shall provide to the
Illinois State Police a sample of dried blood and buccal
specimens (tissue may be submitted if no uncontaminated blood
or buccal specimens can be obtained) from a dead body for DNA
fingerprint analysis if the Illinois State Police notifies the
medical examiner or coroner that the Illinois State Police has
determined that providing that sample may be useful for law
enforcement purposes in a criminal investigation. In addition,
if a local law enforcement agency notifies a county medical
examiner or coroner that such a sample would be useful in a
criminal examination, the county medical examiner or coroner

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shall provide a sample to the local law enforcement agency for
submission to the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 60. The Human Skeletal Remains Protection Act is
amended by changing Section 3 as follows:
(20 ILCS 3440/3) (from Ch. 127, par. 2663)
Sec. 3. Any person who discovers human skeletal remains
subject to this Act shall promptly notify the medical examiner
coroner. Any person who knowingly fails to report such a
discovery within 48 hours is guilty of a Class C misdemeanor,
unless such person has reasonable cause to believe that the
medical examiner coroner had already been so notified. If the
human skeletal remains appear to be from an unregistered
grave, the medical examiner coroner shall promptly notify the
Department of Natural Resources prior to their removal.
Nothing in this Act shall be construed to apply to human
skeletal remains subject to Division 3-3 of the Counties Code
"An Act to revise the law in relation to coroners".
(Source: P.A. 100-695, eff. 8-3-18.)
Section 65. The Task Force on Missing and Murdered Chicago
Women Act is amended by changing Section 10 as follows:
(20 ILCS 4119/10)

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Sec. 10. Task Force on Missing and Murdered Chicago Women.
(a) The Executive Director of the Illinois Criminal
Justice Information Authority or the Executive Director's
designee, in consultation with the Director of the Illinois
State Police and the Chicago Police Superintendent, shall
appoint the non-legislative members to the Task Force on
Missing and Murdered Chicago Women to advise the Director and
the Chicago Police Superintendent and to report to the General
Assembly on recommendations to reduce and end violence against
Chicago women and girls. The Task Force may also serve as a
liaison between the Director, the Chicago Police
Superintendent, and agencies and nongovernmental organizations
that provide services to victims, victims' families, and
victims' communities. Task Force members shall serve without
compensation but may, subject to appropriation, receive
reimbursement for their expenses as members of the Task Force.
(b) There is created the Task Force on Missing and
Murdered Chicago Women, which shall consist of the following
individuals, or their designees, who are knowledgeable in
crime victims' rights or violence protection and, unless
otherwise specified, members shall be appointed for 2-year
terms as follows:
(1) Two members of the Senate, one appointed by the
President of the Senate and one appointed by the Minority
Leader of the Senate; .
(2) Two members of the House of Representatives, one

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appointed by the Speaker of the House of Representatives
and one appointed by the Minority Leader of the House of
Representatives; .
(3) Two members from among the following appointed by
the Executive Director of the Illinois Criminal Justice
Information Authority or the Executive Director's
designee:
(A) an association representing Illinois chiefs of
police;
(B) an association representing Illinois sheriffs;
(C) an officer who is employed by the Illinois
State Police; or
(D) an Illinois peace officer's association; .
(4) One or more representatives from among the
following:
(A) an association representing State's Attorneys;
(B) an attorney representing the United States
Attorney's Office in Chicago; or
(C) a circuit judge, associate judge, or attorney
working in juvenile court;
(D) the Cook County Medical Examiner, or his or
her designee, or a representative from a statewide
coroner's or medical examiner's association or a
representative of the Department of Public Health;
(5) Two representatives for victims, with a focus on
individuals who work with victims of violence or their

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families appointed by the Executive Director of the
Illinois Criminal Justice Information Authority or the
Executive Director's designee; and
(6) Four or more members from among the following
appointed by the Executive Director of the Illinois
Criminal Justice Information Authority or the Executive
Director's designee:
(A) a statewide or local organization that
provides legal services to Chicago women and girls;
(B) a statewide or local organization that
provides advocacy or counseling for Chicago women and
girls who have been victims of violence;
(C) a statewide or local organization that
provides healthcare services to Chicago women and
girls;
(D) a statewide organization that represents women
and girls who have been sexually assaulted;
(E) a women's health organization or agency; or
(F) a Chicago woman who is a survivor of
gender-related violence.
(c) Vacancies in positions appointed by the Executive
Director of the Illinois Criminal Justice Information
Authority or the Executive Director's designee shall be filled
by the Executive Director of the Illinois Criminal Justice
Information Authority or the Executive Director's designee
consistent with the qualifications of the vacating member

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required by this Section.
(d) Task Force members shall annually elect a chair and
vice-chair from among the Task Force's members, and may elect
other officers as necessary. The Task Force shall meet at
least quarterly, or upon the call of its chair, and may hold
meetings throughout the City of Chicago. The Task Force shall
meet frequently enough to accomplish the tasks identified in
this Section. Meetings of the Task Force are subject to the
Open Meetings Act. The Task Force shall seek out and enlist the
cooperation and assistance of nongovernmental organizations,
community, and advocacy organizations working with the Chicago
community, and academic researchers and experts, specifically
those specializing in violence against Chicago women and
girls, representing diverse communities disproportionately
affected by violence against women and girls, or focusing on
issues related to gender-related violence and violence against
Chicago women and girls.
(e) The Executive Director of the Illinois Criminal
Justice Information Authority or the Executive Director's
designee shall convene the first meeting of the Task Force no
later than 30 days after the appointment of a majority of the
members of the Task Force. The Illinois Criminal Justice
Information Authority shall provide meeting space and
administrative assistance as necessary for the Task Force to
conduct its work. The chair of the Task Force may call
electronic meetings of the Task Force. A member of the Task

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Force participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(f) The Task Force must examine and report on the
following:
(1) the systemic causes behind violence that Chicago
women and girls experience, including patterns and
underlying factors that explain why disproportionately
high levels of violence occur against Chicago women and
girls, including underlying historical, social, economic,
institutional, and cultural factors that may contribute to
the violence;
(2) appropriate methods for tracking and collecting
data on violence against Chicago women and girls,
including data on missing and murdered Chicago women and
girls;
(3) policies and institutions such as policing, child
welfare, medical examiner practices, and other
governmental practices that impact violence against
Chicago women and girls and the investigation and
prosecution of crimes of gender-related violence against
Chicago residents;
(4) measures necessary to address and reduce violence
against Chicago women and girls; and
(5) measures to help victims, victims' families, and
victims' communities prevent and heal from violence that
occurs against Chicago women and girls.

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(g) The Task Force shall report on or before December 31 of
2024, and on or before December 31 of each year thereafter, to
the General Assembly and the Governor on the work of the Task
Force, including, but not limited to, the issues to be
examined in subsection (g), and shall include in the annual
report recommendations regarding institutional policies and
practices or proposed institutional policies and practices
that are effective in reducing gender-related violence and
increasing the safety of Chicago women and girls. The report
shall include recommendations to reduce and end violence
against Chicago women and girls and help victims and
communities heal from gender-related violence and violence
against Chicago women and girls.
(Source: P.A. 102-1057, eff. 1-1-23; revised 12-16-22.)
Section 70. The Retailers' Occupation Tax Act is amended
by changing Section 5d as follows:
(35 ILCS 120/5d) (from Ch. 120, par. 444d)
Sec. 5d. The Department is not required to furnish any
bond nor to make a deposit for or pay any costs or fees of any
court or officer thereof in any judicial proceedings under
this Act. Whenever a certified copy of a judgment or order for
attachment, issued from any court for the enforcement or
collection of any liability created by this Act, is levied by
any sheriff or medical examiner coroner upon any personal

HB2488 - 123 - LRB103 26308 AWJ 52668 b
property, and such property is claimed by any person other
than the judgment debtor or the defendant in the attachment,
or is claimed by the judgment debtor or defendant in the
attachment as exempt from enforcement of a judgment thereon by
virtue of the exemption laws of this State, then the person
making such claim shall give notice in writing of his or her
claim and of his or her intention to prosecute the claim, to
the sheriff or medical examiner coroner within 10 days after
the making of the levy. On receiving such notice, the sheriff
or medical examiner coroner shall proceed in accordance with
Part 2 of Article XII of the Code of Civil Procedure, as
amended. The giving of such notice within the 10 day period is
a condition precedent to any judicial action against the
sheriff or medical examiner coroner for wrongfully levying,
seizing or selling the property and any such person who fails
to give such notice within that time is barred from bringing
any judicial action against such sheriff or medical examiner
coroner for injury or damages to or conversion of the
property.
(Source: P.A. 83-1362.)
Section 75. The Property Tax Code is amended by changing
Sections 19-55, 21-355, 21-385, 22-15, and 22-20 as follows:
(35 ILCS 200/19-55)
Sec. 19-55. Sureties on collector's bonds. No chairman of

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the county board, clerk of the circuit court, county clerk,
sheriff, deputy sheriff or medical examiner coroner shall be
permitted to be a surety on the bond of a county, township or
deputy collector or county treasurer.
(Source: Laws 1965, p. 631; P.A. 88-455.)
(35 ILCS 200/21-355)
Sec. 21-355. Amount of redemption. Any person desiring to
redeem shall deposit an amount specified in this Section with
the county clerk of the county in which the property is
situated, in legal money of the United States, or by cashier's
check, certified check, post office money order or money order
issued by a financial institution insured by an agency or
instrumentality of the United States, payable to the county
clerk of the proper county. The deposit shall be deemed timely
only if actually received in person at the county clerk's
office prior to the close of business as defined in Section
3-2007 of the Counties Code on or before the expiration of the
period of redemption or by United States mail with a post
office cancellation mark dated not less than one day prior to
the expiration of the period of redemption. The deposit shall
be in an amount equal to the total of the following:
(a) the certificate amount, which shall include all
tax principal, special assessments, interest and penalties
paid by the tax purchaser together with costs and fees of
sale and fees paid under Sections 21-295 and 21-315

HB2488 - 125 - LRB103 26308 AWJ 52668 b
through 21-335, except for the nonrefundable $80 fee paid,
pursuant to Section 21-295, for each item purchased at the
tax sale;
(b) the accrued penalty, computed through the date of
redemption as a percentage of the certificate amount, as
follows:
(1) if the redemption occurs on or before the
expiration of 6 months from the date of sale, the
certificate amount times the penalty bid at sale;
(2) if the redemption occurs after 6 months from
the date of sale, and on or before the expiration of 12
months from the date of sale, the certificate amount
times 2 times the penalty bid at sale;
(3) if the redemption occurs after 12 months from
the date of sale and on or before the expiration of 18
months from the date of sale, the certificate amount
times 3 times the penalty bid at sale;
(4) if the redemption occurs after 18 months from
the date of sale and on or before the expiration of 24
months from the date of sale, the certificate amount
times 4 times the penalty bid at sale;
(5) if the redemption occurs after 24 months from
the date of sale and on or before the expiration of 30
months from the date of sale, the certificate amount
times 5 times the penalty bid at sale;
(6) if the redemption occurs after 30 months from

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the date of sale and on or before the expiration of 36
months from the date of sale, the certificate amount
times 6 times the penalty bid at sale.
In the event that the property to be redeemed has
been purchased under Section 21-405, the penalty bid
shall be 12% per penalty period as set forth in
subparagraphs (1) through (6) of this subsection (b).
The changes to this subdivision (b)(6) made by this
amendatory Act of the 91st General Assembly are not a
new enactment, but declaratory of existing law.
(c) The total of all taxes, special assessments,
accrued interest on those taxes and special assessments
and costs charged in connection with the payment of those
taxes or special assessments, except for the nonrefundable
$80 fee paid, pursuant to Section 21-295, for each item
purchased at the tax sale, which have been paid by the tax
certificate holder on or after the date those taxes or
special assessments became delinquent together with 12%
penalty on each amount so paid for each year or portion
thereof intervening between the date of that payment and
the date of redemption. In counties with less than
3,000,000 inhabitants, however, a tax certificate holder
may not pay all or part of an installment of a subsequent
tax or special assessment for any year, nor shall any
tender of such a payment be accepted, until after the
second or final installment of the subsequent tax or

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special assessment has become delinquent or until after
the holder of the certificate of purchase has filed a
petition for a tax deed under Section 22.30. The person
redeeming shall also pay the amount of interest charged on
the subsequent tax or special assessment and paid as a
penalty by the tax certificate holder. This amendatory Act
of 1995 applies to tax years beginning with the 1995
taxes, payable in 1996, and thereafter.
(d) Any amount paid to redeem a forfeiture occurring
subsequent to the tax sale together with 12% penalty
thereon for each year or portion thereof intervening
between the date of the forfeiture redemption and the date
of redemption from the sale.
(e) Any amount paid by the certificate holder for
redemption of a subsequently occurring tax sale.
(f) All fees paid to the county clerk under Section
22-5.
(g) All fees paid to the registrar of titles incident
to registering the tax certificate in compliance with the
Registered Titles (Torrens) Act.
(h) All fees paid to the circuit clerk and the
sheriff, a licensed or registered private detective, or
the medical examiner coroner in connection with the filing
of the petition for tax deed and service of notices under
Sections 22-15 through 22-30 and 22-40 in addition to (1)
a fee of $35 if a petition for tax deed has been filed,

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

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expenses exceed any income from the property in question,
if the costs and expenditures have been approved by the
court appointing the receiver and a certified copy of the
order or approval is filed and posted by the certificate
holder with the county clerk. Only actual costs expended
may be posted on the tax judgment, sale, redemption and
forfeiture record.
(Source: P.A. 101-659, eff. 3-23-21.)
(35 ILCS 200/21-385)
Sec. 21-385. Extension of period of redemption. The
purchaser or his or her assignee of property sold for
nonpayment of general taxes or special assessments may extend
the period of redemption at any time before the expiration of
the original period of redemption, or thereafter prior to the
expiration of any extended period of redemption, for a period
which will expire not later than 3 years from the date of sale,
by filing with the county clerk of the county in which the
property is located a written notice to that effect describing
the property, stating the date of the sale and specifying the
extended period of redemption. Upon receiving the notice, the
county clerk shall stamp the date of receipt upon the notice.
If the notice is submitted as an electronic record, the county
clerk shall acknowledge receipt of the record and shall
provide confirmation in the same manner to the certificate
holder. The confirmation from the county clerk shall include

HB2488 - 130 - LRB103 26308 AWJ 52668 b
the date of receipt and shall serve as proof that the notice
was filed with the county clerk. The county clerk shall not be
required to extend the period of redemption unless the
purchaser or his or her assignee obtains this acknowledgement
of delivery. If prior to the expiration of the period of
redemption or extended period of redemption a petition for tax
deed has been filed under Section 22-30, upon application of
the petitioner, the court shall allow the purchaser or his or
her assignee to extend the period of redemption after
expiration of the original period or any extended period of
redemption, provided that any extension allowed will expire
not later than 3 years from the date of sale, unless the
certificate has been assigned to the county collector by order
of the court which ordered the property sold, in which case the
period of redemption shall be extended for such period as may
be designated by the holder of the certificate, such period
not to exceed 36 months from the date of the assignment to the
collector. If the period of redemption is extended, the
purchaser or his or her assignee must give the notices
provided for in Section 22-10 at the specified times prior to
the expiration of the extended period of redemption by causing
a sheriff (or if he or she is disqualified, a medical examiner
coroner) of the county in which the property, or any part
thereof, is located to serve the notices as provided in
Sections 22-15 and 22-20. The notices may also be served as
provided in Sections 22-15 and 22-20 by a special process

HB2488 - 131 - LRB103 26308 AWJ 52668 b
server appointed by the court under Section 22-15.
(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;
101-81, eff. 7-12-19.)
(35 ILCS 200/22-15)
Sec. 22-15. Service of notice. The purchaser or his or her
assignee shall give the notice required by Section 22-10 by
causing it to be published in a newspaper as set forth in
Section 22-20. In addition, the notice shall be served by a
sheriff (or if he or she is disqualified, by a medical examiner
coroner) of the county in which the property, or any part
thereof, is located or, except in Cook County, by a person who
is licensed or registered as a private detective under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 upon owners who
reside on any part of the property sold by leaving a copy of
the notice with those owners personally.
In counties of 3,000,000 or more inhabitants where a
taxing district is a petitioner for tax deed pursuant to
Section 21-90, in lieu of service by the sheriff or medical
examiner coroner the notice may be served by a special process
server appointed by the circuit court as provided in this
Section. The taxing district may move prior to filing one or
more petitions for tax deed for appointment of such a special
process server. The court, upon being satisfied that the
person named in the motion is at least 18 years of age and is

HB2488 - 132 - LRB103 26308 AWJ 52668 b
capable of serving notice as required under this Code, shall
enter an order appointing such person as a special process
server for a period of one year. The appointment may be renewed
for successive periods of one year each by motion and order,
and a copy of the original and any subsequent order shall be
filed in each tax deed case in which a notice is served by the
appointed person. Delivery of the notice to and service of the
notice by the special process server shall have the same force
and effect as its delivery to and service by the sheriff or
medical examiner coroner.
The same form of notice shall also be served, in the manner
set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
2-211 of the Code of Civil Procedure, upon all other owners and
parties interested in the property, if upon diligent inquiry
they can be found in the county, and upon the occupants of the
property.
If the property sold has more than 4 dwellings or other
rental units, and has a managing agent or party who collects
rents, that person shall be deemed the occupant and shall be
served with notice instead of the occupants of the individual
units. If the property has no dwellings or rental units, but
economic or recreational activities are carried on therein,
the person directing such activities shall be deemed the
occupant. Holders of rights of entry and possibilities of
reverter shall not be deemed parties interested in the
property.

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When a party interested in the property is a trustee,
notice served upon the trustee shall be deemed to have been
served upon any beneficiary or note holder thereunder unless
the holder of the note is disclosed of record.
When a judgment is a lien upon the property sold, the
holder of the lien shall be served with notice if the name of
the judgment debtor as shown in the transcript, certified copy
or memorandum of judgment filed of record is identical, as to
given name and surname, with the name of the party interested
as it appears of record.
If any owner or party interested, upon diligent inquiry
and effort, cannot be found or served with notice in the county
as provided in this Section, and the person in actual
occupancy and possession is tenant to, or in possession under
the owners or the parties interested in the property, then
service of notice upon the tenant, occupant or person in
possession shall be deemed service upon the owners or parties
interested.
If any owner or party interested, upon diligent inquiry
and effort cannot be found or served with notice in the county,
then the person making the service shall cause a copy of the
notice to be sent by registered or certified mail, return
receipt requested, to that party at his or her residence, if
ascertainable.
The changes to this Section made by Public Act 95-477
apply only to matters in which a petition for tax deed is filed

HB2488 - 134 - LRB103 26308 AWJ 52668 b
on or after June 1, 2008 (the effective date of Public Act
95-477).
(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
95-876, eff. 8-21-08.)
(35 ILCS 200/22-20)
Sec. 22-20. Proof of service of notice; publication of
notice. The sheriff or medical examiner coroner serving notice
under Section 22-15 shall endorse his or her return thereon
and file it with the Clerk of the Circuit Court and it shall be
a part of the court record. A private detective or a special
process server appointed under Section 22-15 shall make his or
her return by affidavit and shall file it with the Clerk of the
Circuit Court, where it shall be a part of the court record. If
a sheriff, private detective, special process server, or
medical examiner coroner to whom any notice is delivered for
service, neglects or refuses to make the return, the purchaser
or his or her assignee may petition the court to enter a rule
requiring the sheriff, private detective, special process
server, or medical examiner coroner to make return of the
notice on a day to be fixed by the court, or to show cause on
that day why he or she should not be attached for contempt of
the court. The purchaser or assignee shall cause a written
notice of the rule to be served upon the sheriff, private
detective, special process server, or medical examiner
coroner. If good and sufficient cause to excuse the sheriff,

HB2488 - 135 - LRB103 26308 AWJ 52668 b
private detective, special process server, or medical examiner
coroner is not shown, the court shall adjudge him or her guilty
of a contempt, and shall proceed to punish him as in other
cases of contempt.
If the property is located in a municipality in a county
with less than 3,000,000 inhabitants, the purchaser or his or
her assignee shall also publish a notice as to the owner or
party interested, in some newspaper published in the
municipality. If the property is not in a municipality in a
county with less than 3,000,000 inhabitants, or if no
newspaper is published therein, or if the property is in a
county with 3,000,000 or more inhabitants, the notice shall be
published in some newspaper in the county. If no newspaper is
published in the county, then the notice shall be published in
the newspaper that is published nearest the county seat of the
county in which the property is located. If the owners and
parties interested in the property upon diligent inquiry are
unknown to the purchaser or his or her assignee, the
publication as to such owner or party interested, may be made
to unknown owners or parties interested. Any notice by
publication given under this Section shall be given 3 times at
any time after filing a petition for tax deed, but not less
than 3 months nor more than 6 months prior to the expiration of
the period of redemption. The publication shall contain (a)
notice of the filing of the petition for tax deed, (b) the date
on which the petitioner intends to make application for an

HB2488 - 136 - LRB103 26308 AWJ 52668 b
order on the petition that a tax deed issue, (c) a description
of the property, (d) the date upon which the property was sold,
(e) the taxes or special assessments for which it was sold and
(f) the date on which the period of redemption will expire. The
publication shall not include more than one property listed
and sold in one description, except as provided in Section
21-90, and except that when more than one property is owned by
one person, all of the parcels owned by that person may be
included in one notice.
The changes to this Section made by Public Act 95-477
apply only to matters in which a petition for tax deed is filed
on or after June 1, 2008 (the effective date of Public Act
95-477).
(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08;
95-876, eff. 8-21-08.)
Section 80. The Mobile Home Local Services Tax Enforcement
Act is amended by changing Sections 300, 330, 375, and 380 as
follows:
(35 ILCS 516/300)
Sec. 300. Amount of redemption. Any person desiring to
redeem shall deposit an amount specified in this Section with
the county clerk of the county in which the mobile home is
situated, in legal money of the United States, or by cashier's
check, certified check, post office money order or money

HB2488 - 137 - LRB103 26308 AWJ 52668 b
order, issued by a financial institution insured by an agency
or instrumentality of the United States, payable to the county
clerk of the proper county. The deposit shall be deemed timely
only if actually received in person at the county clerk's
office prior to the close of business as defined in Section
3-2007 of the Counties Code on or before the expiration of the
period of redemption or by United States mail with a post
office cancellation mark dated not less than one day prior to
the expiration of the period of redemption. The deposit shall
be in an amount equal to the total of the following:
(a) the certificate amount, which shall include all
tax principal, interest, and penalties paid by the tax
purchaser together with costs and fees of sale and fees
paid under Sections 235 and 260 through 280;
(b) the accrued penalty, computed through the date of
redemption as a percentage of the certificate amount, as
follows:
(1) if the redemption occurs on or before the
expiration of 6 months from the date of sale, the
certificate amount times the penalty bid at sale;
(2) if the redemption occurs after 6 months from
the date of sale, and on or before the expiration of 12
months from the date of sale, the certificate amount
times 2 times the penalty bid at sale;
(3) if the redemption occurs after 12 months from
the date of sale and on or before the expiration of 18

HB2488 - 138 - LRB103 26308 AWJ 52668 b
months from the date of sale, the certificate amount
times 3 times the penalty bid at sale;
(4) if the redemption occurs after 18 months from
the date of sale and on or before the expiration of 24
months from the date of sale, the certificate amount
times 4 times the penalty bid at sale;
(5) if the redemption occurs after 24 months from
the date of sale and on or before the expiration of 30
months from the date of sale, the certificate amount
times 5 times the penalty bid at sale;
(6) if the redemption occurs after 30 months from
the date of sale and on or before the expiration of 36
months from the date of sale, the certificate amount
times 6 times the penalty bid at sale.
(c) The total of all taxes, accrued interest on those
taxes, and costs charged in connection with the payment of
those taxes, which have been paid by the tax certificate
holder on or after the date those taxes became delinquent
together with 12% penalty on each amount so paid for each
year or portion thereof intervening between the date of
that payment and the date of redemption. In counties with
less than 3,000,000 inhabitants, however, a tax
certificate holder may not pay the subsequent tax for any
year, nor shall any tender of such a payment be accepted,
until the subsequent tax has become delinquent or until
after the holder of the certificate of purchase has filed

HB2488 - 139 - LRB103 26308 AWJ 52668 b
a petition for a tax certificate of title under Section
390. The person redeeming shall also pay the amount of
interest charged on the subsequent tax and paid as a
penalty by the tax certificate holder.
(d) Any amount paid to redeem a forfeiture occurring
subsequent to the tax sale together with 12% penalty
thereon for each year or portion thereof intervening
between the date of the forfeiture redemption and the date
of redemption from the sale.
(e) Any amount paid by the certificate holder for
redemption of a subsequently occurring tax sale.
(f) All fees paid to the county clerk under Section
22-5.
(g) All fees paid to the circuit clerk and the sheriff
or medical examiner coroner in connection with the filing
of the petition for tax certificate of title and service
of notices under Sections 375 through 390 and 400 in
addition to (1) a fee of $35 if a petition for tax
certificate of title has been filed, which fee shall be
posted to the tax judgement, sale, redemption, and
forfeiture record, to be paid to the purchaser or his or
her assignee; (2) a fee of $4 if a notice under Section 365
has been filed, which fee shall be posted to the tax
judgment, sale, redemption, and forfeiture record, to be
paid to the purchaser or his or her assignee; and (3) all
costs paid to record a lis pendens notice in connection

HB2488 - 140 - LRB103 26308 AWJ 52668 b
with filing a petition under this Act. The fees in (1) and
(2) of this paragraph (g) shall be exempt from the posting
requirements of Section 305.
(h) All fees paid for publication of notice of the tax
sale in accordance with Section 380.
(i) All sums paid to any city, village or incorporated
town for reimbursement under Section 395.
(j) All costs and expenses of receivership under
Section 350, to the extent that these costs and expenses
exceed any income from the mobile home in question, if the
costs and expenditures have been approved by the court
appointing the receiver and a certified copy of the order
or approval is filed and posted by the certificate holder
with the county clerk. Only actual costs expended may be
posted on the tax judgment, sale, redemption and
forfeiture record.
(Source: P.A. 92-807, eff. 1-1-03.)
(35 ILCS 516/330)
Sec. 330. Extension of period of redemption. The purchaser
or his or her assignee of a mobile home sold for nonpayment of
taxes may extend the period of redemption at any time before
the expiration of the original period of redemption, or
thereafter prior to the expiration of any extended period of
redemption, for a period which will expire not later than 3
years from the date of sale, by filing with the county clerk of

HB2488 - 141 - LRB103 26308 AWJ 52668 b
the county in which the mobile home is located a written notice
to that effect describing the mobile home, stating the date of
the sale and specifying the extended period of redemption. If
prior to the expiration of the period of redemption or
extended period of redemption a petition for tax certificate
of title has been filed under Section 390, upon application of
the petitioner, the court shall allow the purchaser or his or
her assignee to extend the period of redemption after
expiration of the original period or any extended period of
redemption, provided that any extension allowed will expire
not later than 3 years from the date of sale. If the period of
redemption is extended, the purchaser or his or her assignee
must give the notices provided for in Section 370 at the
specified times prior to the expiration of the extended period
of redemption by causing a sheriff (or if he or she is
disqualified, a medical examiner coroner) of the county in
which the mobile home, or any part thereof, is located to serve
the notices as provided in Sections 375 and 380. The notices
may also be served as provided in Sections 375 and 380 by a
special process server.
(Source: P.A. 92-807, eff. 1-1-03.)
(35 ILCS 516/375)
Sec. 375. Service of notice. The purchaser or his or her
assignee shall give the notice required by Section 370 by
causing it to be published in a newspaper as set forth in

HB2488 - 142 - LRB103 26308 AWJ 52668 b
Section 380. In addition, the notice shall be served by a
process server or sheriff (or if he or she is disqualified, by
a medical examiner coroner) of the county in which the mobile
home is located upon owners who reside in the mobile home sold
by leaving a copy of the notice with those owners personally.
The same form of notice shall also be served upon all other
owners and parties interested in the mobile home, if upon
diligent inquiry they can be found in the county, and upon the
occupants of the mobile home in the following manner:
(a) as to individuals, by (1) leaving a copy of the
notice with the person personally or (2) by leaving a copy
at his or her usual place of residence with a person of the
family, of the age of 13 years or more, and informing that
person of its contents. The person making the service
shall cause a copy of the notice to be sent by registered
or certified mail, return receipt requested, to that party
at his or her usual place of residence;
(b) as to public and private corporations, municipal,
governmental and quasi-municipal corporations,
partnerships, receivers and trustees of corporations, by
leaving a copy of the notice with the person designated by
the Civil Practice Law.
When a party interested in the mobile home is a trustee,
notice served upon the trustee shall be deemed to have been
served upon any beneficiary or note holder thereunder unless
the holder of the note is disclosed of record.

HB2488 - 143 - LRB103 26308 AWJ 52668 b
When a judgment is a lien upon the mobile home sold, the
holder of the lien shall be served with notice if the name of
the judgment debtor as shown in the transcript, certified copy
or memorandum of judgment filed of record is identical, as to
given name and surname, with the name of the party interested
as it appears of record.
If any owner or party interested, upon diligent inquiry
and effort, cannot be found or served with notice in the county
as provided in this Section, and the person in actual
occupancy and possession is tenant to, or in possession under
the owners or the parties interested in the mobile home, then
service of notice upon the tenant, occupant or person in
possession shall be deemed service upon the owners or parties
interested.
If any owner or party interested, upon diligent inquiry
and effort cannot be found or served with notice in the county,
then the person making the service shall cause a copy of the
notice to be sent by registered or certified mail, return
receipt requested, to that party at his or her residence, if
ascertainable.
(Source: P.A. 92-807, eff. 1-1-03.)
(35 ILCS 516/380)
Sec. 380. Proof of service of notice; publication of
notice. The sheriff or medical examiner coroner serving notice
under Section 375 shall endorse his or her return thereon and

HB2488 - 144 - LRB103 26308 AWJ 52668 b
file it with the clerk of the circuit court and it shall be a
part of the court record. A special process server appointed
under Section 375 shall make his or her return by affidavit and
shall file it with the clerk of the circuit court, where it
shall be a part of the court record. If a sheriff, special
process server, or medical examiner coroner to whom any notice
is delivered for service, neglects or refuses to make the
return, the purchaser or his or her assignee may petition the
court to enter a rule requiring the sheriff, special process
server, or medical examiner coroner to make return of the
notice on a day to be fixed by the court, or to show cause on
that day why he or she should not be attached for contempt of
the court. The purchaser or assignee shall cause a written
notice of the rule to be served upon the sheriff, special
process server, or medical examiner coroner. If good and
sufficient cause to excuse the sheriff, special process
server, or medical examiner coroner is not shown, the court
shall adjudge him or her guilty of contempt, and shall proceed
to punish him as in other cases of contempt.
If the mobile home is located in a municipality in a county
with less than 3,000,000 inhabitants, the purchaser or his or
her assignee shall also publish a notice as to the owner or
party interested, in some newspaper published in the
municipality. If the mobile home is not in a municipality in a
county with less than 3,000,000 inhabitants, or if no
newspaper is published therein, the notice shall be published

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in some newspaper in the county. If no newspaper is published
in the county, then the notice shall be published in the
newspaper that is published nearest the county seat of the
county in which the mobile home is located. If the owners and
parties interested in the mobile home upon diligent inquiry
are unknown to the purchaser or his or her assignee, the
publication as to such owner or party interested, may be made
to unknown owners or parties interested. Any notice by
publication given under this Section shall be given 3 times at
any time after filing a petition for tax certificate of title,
but not less than 3 months nor more than 5 months prior to the
expiration of the period of redemption. The publication shall
contain (a) notice of the filing of the petition for tax
certificate of title, (b) the date on which the petitioner
intends to make application for an order on the petition that a
tax certificate of title issue, (c) a description of the
mobile home, (d) the date upon which the mobile home was sold,
(e) the taxes for which it was sold and (f) the date on which
the period of redemption will expire. The publication shall
not include more than one mobile home listed and sold in one
description, except as provided in Section 35, and except that
when more than one mobile home is owned by one person, all of
the mobile homes owned by that person may be included in one
notice.
(Source: P.A. 92-807, eff. 1-1-03.)

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Section 85. The Illinois Pension Code is amended by
changing Section 7-145.1 as follows:
(40 ILCS 5/7-145.1)
Sec. 7-145.1. Alternative annuity for county officers.
(a) The benefits provided in this Section and Section
7-145.2 are available only if, prior to the effective date of
this amendatory Act of the 97th General Assembly, the county
board has filed with the Board of the Fund a resolution or
ordinance expressly consenting to the availability of these
benefits for its elected county officers. The county board's
consent is irrevocable with respect to persons participating
in the program, but may be revoked at any time with respect to
persons who have not paid an additional optional contribution
under this Section before the date of revocation.
An elected county officer may elect to establish
alternative credits for an alternative annuity by electing in
writing before the effective date of this amendatory Act of
the 97th General Assembly to make additional optional
contributions in accordance with this Section and procedures
established by the board. These alternative credits are
available only for periods of service as an elected county
officer. The elected county officer may discontinue making the
additional optional contributions by notifying the Fund in
writing in accordance with this Section and procedures
established by the board.

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

HB2488 - 148 - LRB103 26308 AWJ 52668 b
that service. A county board's resolution or ordinance
requiring additional contributions under this paragraph
(3) is irrevocable. Payment must be received by the Board
while the member is an active participant, except that one
payment will be permitted after termination of
participation.
No additional optional contributions may be made for any
period of service for which credit has been previously
forfeited by acceptance of a refund, unless the refund is
repaid in full with interest at the effective rate from the
date of refund to the date of repayment.
(b) In lieu of the retirement annuity otherwise payable
under this Article, an elected county officer who (1) has
elected to participate in the Fund and make additional
optional contributions in accordance with this Section, (2)
has held and made additional optional contributions with
respect to the same elected county office for at least 8 years,
and (3) has attained age 55 with at least 8 years of service
credit (or has attained age 50 with at least 20 years of
service as a sheriff's law enforcement employee) may elect to
have his retirement annuity computed as follows: 3% of the
participant's salary for each of the first 8 years of service
credit, plus 4% of that salary for each of the next 4 years of
service credit, plus 5% of that salary for each year of service
credit in excess of 12 years, subject to a maximum of 80% of
that salary.

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This formula applies only to service in an elected county
office that the officer held for at least 8 years, and only to
service for which additional optional contributions have been
paid under this Section. If an elected county officer
qualifies to have this formula applied to service in more than
one elected county office, the qualifying service shall be
accumulated for purposes of determining the applicable accrual
percentages, but the salary used for each office shall be the
separate salary calculated for that office, as defined in
subsection (g).
To the extent that the elected county officer has service
credit that does not qualify for this formula, his retirement
annuity will first be determined in accordance with this
formula with respect to the service to which this formula
applies, and then in accordance with the remaining Sections of
this Article with respect to the service to which this formula
does not apply.
(c) In lieu of the disability benefits otherwise payable
under this Article, an elected county officer who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform
the duties of his office, and (3) was making optional
contributions in accordance with this Section at the time the
disability was incurred, may elect to receive a disability
annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, an

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elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an
elected county officer and is of such a nature as to prevent
him from reasonably performing the duties of his office at the
time; and (ii) the board has received a written certification
by at least 2 licensed physicians appointed by it stating that
the officer is disabled and that the disability is likely to be
permanent.
(d) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Section 7-166, 7-167 and 7-168. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions.
If an elected county officer fails to hold that same
elected county office for at least 8 years, he or she shall be
entitled after leaving office to receive a refund of the
additional optional contributions made with respect to that
office, plus interest at the effective rate.
(e) The plan of optional alternative benefits and
contributions shall be available to persons who are elected
county officers and active contributors to the Fund on or
after November 15, 1994 and elected to establish alternative
credit before the effective date of this amendatory Act of the
97th General Assembly. A person who was an elected county
officer and an active contributor to the Fund on November 15,
1994 but is no longer an active contributor may apply to make

HB2488 - 151 - LRB103 26308 AWJ 52668 b
additional optional contributions under this Section at any
time within 90 days after the effective date of this
amendatory Act of 1997; if the person is an annuitant, the
resulting increase in annuity shall begin to accrue on the
first day of the month following the month in which the
required payment is received by the Fund.
(f) For the purposes of this Section and Section 7-145.2,
the terms "elected county officer" and "elected county office"
include, but are not limited to: (1) the county clerk,
recorder, treasurer, coroner, assessor (if elected), auditor,
sheriff, and State's Attorney; members of the county board;
and the clerk of the circuit court; and (2) a person who has
been appointed to fill a vacancy in an office that is normally
filled by election on a countywide basis, for the duration of
his or her service in that office. The terms "elected county
officer" and "elected county office" do not include any
officer or office of a county that has not consented to the
availability of benefits under this Section and Section
7-145.2.
(g) For the purposes of this Section and Section 7-145.2,
the term "salary" means the final rate of earnings for the
elected county office held, calculated in a manner consistent
with Section 7-116, but for that office only. If an elected
county officer qualifies to have the formula in subsection (b)
applied to service in more than one elected county office, a
separate salary shall be calculated and applied with respect

HB2488 - 152 - LRB103 26308 AWJ 52668 b
to each such office.
(h) The changes to this Section made by this amendatory
Act of the 91st General Assembly apply to persons who first
make an additional optional contribution under this Section on
or after the effective date of this amendatory Act.
(i) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
(Source: P.A. 100-148, eff. 8-18-17.)
Section 90. The Illinois Police Training Act is amended by
changing Section 10.11 as follows:
(50 ILCS 705/10.11)
Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training Standards Board shall
conduct or approve a training program in death and homicide

HB2488 - 153 - LRB103 26308 AWJ 52668 b
investigation for the training of law enforcement officers of
local law enforcement agencies. Only law enforcement officers
who successfully complete the training program may be assigned
as lead investigators in death and homicide investigations.
Satisfactory completion of the training program shall be
evidenced by a certificate issued to the law enforcement
officer by the Illinois Law Enforcement Training Standards
Board.
The Illinois Law Enforcement Training Standards Board
shall develop a process for waiver applications sent by a
local governmental agency administrator for those officers
whose prior training and experience as homicide investigators
may qualify them for a waiver. The Board may issue a waiver at
its discretion, based solely on the prior training and
experience of an officer as a homicide investigator. This
Section does not affect or impede the powers of the office of
the medical examiner coroner to investigate all deaths as
provided in Division 3-3 of the Counties Code and the Medical
Examiner Coroner Training Board Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22.)
Section 95. The Law Enforcement Camera Grant Act is
amended by changing Section 15 as follows:
(50 ILCS 707/15)

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Sec. 15. Rules; in-car video camera grants.
(a) The Board shall develop model rules for the use of
in-car video cameras to be adopted by law enforcement agencies
that receive grants under Section 10 of this Act. The rules
shall include all of the following requirements:
(1) Cameras must be installed in the law enforcement
agency vehicles.
(2) Video recording must provide audio of the officer
when the officer is outside of the vehicle.
(3) Camera access must be restricted to the
supervisors of the officer in the vehicle.
(4) Cameras must be turned on continuously throughout
the officer's shift.
(5) A copy of the video record must be made available
upon request to personnel of the law enforcement agency,
the local State's Attorney, and any persons depicted in
the video. Procedures for distribution of the video record
must include safeguards to protect the identities of
individuals who are not a party to the requested stop.
(6) Law enforcement agencies that receive moneys under
this grant shall provide for storage of the video records
for a period of not less than 2 years.
(b) Each law enforcement agency receiving a grant for
in-car video cameras under Section 10 of this Act must provide
an annual report to the Board, the Governor, and the General
Assembly on or before May 1 of the year following the receipt

HB2488 - 155 - LRB103 26308 AWJ 52668 b
of the grant and by each May 1 thereafter during the period of
the grant. The report shall include the following:
(1) the number of cameras received by the law
enforcement agency;
(2) the number of cameras actually installed in law
enforcement agency vehicles;
(3) a brief description of the review process used by
supervisors within the law enforcement agency;
(4) a list of any criminal, traffic, ordinance, and
civil cases in which in-car video recordings were used,
including party names, case numbers, offenses charged, and
disposition of the matter. Proceedings to which this
paragraph (4) applies include, but are not limited to,
court proceedings, medical examiner's coroner's inquests,
grand jury proceedings, and plea bargains; and
(5) any other information relevant to the
administration of the program.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 100. The Missing Persons Identification Act is
amended by changing Sections 15, 20, and 25 as follows:
(50 ILCS 722/15)
Sec. 15. Reporting of unidentified persons and human
remains.
(a) Handling of death scene investigations.

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(1) The Illinois State Police shall provide
information to local law enforcement agencies about best
practices for handling death scene investigations.
(2) The Illinois State Police shall identify any
publications or training opportunities that may be
available to local law enforcement agencies or law
enforcement officers and coroners and medical examiners
concerning the handling of death scene investigations.
(b) Law enforcement reports.
(1) Before performing any death scene investigation
deemed appropriate under the circumstances, the official
with custody of the human remains shall ensure that the
coroner or medical examiner of the county in which the
deceased was found has been notified.
(2) Any coroner or medical examiner with custody of
human remains that are not identified within 24 hours of
discovery shall promptly notify the Illinois State Police
of the location of those remains. A coroner or medical
examiner with custody of human remains that are not
identified within 72 hours of discovery shall promptly
notify the Federal Bureau of Investigation of the location
of those remains and the failure to identify the remains.
(3) If the coroner or medical examiner with custody of
remains cannot determine whether or not the remains found
are human, the coroner or medical examiner shall notify
the Illinois State Police of the existence of possible

HB2488 - 157 - LRB103 26308 AWJ 52668 b
human remains.
(Source: P.A. 102-538, eff. 8-20-21; 102-869, eff. 1-1-23.)
(50 ILCS 722/20)
Sec. 20. Unidentified persons or human remains
identification responsibilities.
(a) In this Section, "assisting law enforcement agency"
means a law enforcement agency with jurisdiction acting under
the request and direction of the medical examiner or coroner
to assist with human remains identification.
(a-5) If the official with custody of the human remains is
not a coroner or medical examiner, the official shall
immediately notify the coroner or medical examiner of the
county in which the remains were found. The coroner or medical
examiner shall go to the scene and take charge of the remains.
(b) Notwithstanding any other action deemed appropriate
for the handling of the human remains, the assisting law
enforcement agency or , medical examiner, or coroner shall make
reasonable attempts to promptly identify human remains. This
does not include historic or prehistoric skeletal remains.
These actions shall include, but are not limited to, obtaining
the following when possible:
(1) photographs of the human remains (prior to an
autopsy);
(2) dental and skeletal X-rays;
(3) photographs of items found on or with the human

HB2488 - 158 - LRB103 26308 AWJ 52668 b
remains;
(4) fingerprints from the remains;
(5) tissue samples suitable for DNA analysis;
(6) (blank); and
(7) any other information that may support
identification efforts.
(c) No medical examiner or coroner or any other person
shall dispose of, or engage in actions that will materially
affect the unidentified human remains before the assisting law
enforcement agency or , medical examiner, or coroner obtains
items essential for human identification efforts listed in
subsection (b) of this Section.
(d) Cremation of unidentified human remains is prohibited.
(e) (Blank).
(f) The assisting law enforcement agency or , medical
examiner, or coroner shall seek support from appropriate State
and federal agencies, including National Missing and
Unidentified Persons System resources to facilitate prompt
identification of human remains. This support may include, but
is not limited to, fingerprint comparison; forensic
odontology; nuclear or mitochondrial DNA analysis, or both;
and forensic anthropology.
(f-5) Fingerprints from the unidentified remains,
including partial prints, shall be submitted to the Illinois
State Police or other resource for the purpose of attempting
to identify the deceased. The coroner or medical examiner

HB2488 - 159 - LRB103 26308 AWJ 52668 b
shall cause a dental examination to be performed by a forensic
odontologist for the purpose of dental charting, comparison to
missing person records, or both. Tissue samples collected for
DNA analysis shall be submitted within 30 days of the recovery
of the remains to a National Missing and Unidentified Persons
System partner laboratory or other resource where DNA profiles
are entered into the National DNA Index System upon completion
of testing. Forensic anthropological analysis of the remains
shall also be considered.
(g) (Blank).
(g-2) The medical examiner or coroner shall report the
unidentified human remains and the location where the remains
were found to the Illinois State Police within 24 hours of
discovery and then to the Federal Bureau of Investigation
within 72 hours of discovery if the remains are not identified
as mandated by Section 15 of this Act. The assisting law
enforcement agency or , medical examiner, or coroner shall
contact the Illinois State Police to request the creation of a
National Crime Information Center Unidentified Person record
within 5 days of the discovery of the remains. The assisting
law enforcement agency or , medical examiner, or coroner shall
provide the Illinois State Police all information required for
National Crime Information Center entry. Upon notification,
the Illinois State Police shall create the Unidentified Person
record without unnecessary delay.
(g-5) The assisting law enforcement agency or , medical

HB2488 - 160 - LRB103 26308 AWJ 52668 b
examiner, or coroner shall obtain a National Crime Information
Center number from the Illinois State Police to verify entry
and maintain this number within the unidentified human remains
case file. A National Crime Information Center Unidentified
Person record shall remain on file indefinitely or until
action is taken by the originating agency to clear or cancel
the record. The assisting law enforcement agency or , medical
examiner, or coroner shall notify the Illinois State Police of
necessary record modifications or cancellation if
identification is made.
(h) (Blank).
(h-5) The assisting law enforcement agency or , medical
examiner, or coroner shall create an unidentified person
record in the National Missing and Unidentified Persons System
prior to the submission of samples or within 30 days of the
discovery of the remains, if no identification has been made.
The entry shall include all available case information
including fingerprint data and dental charts. Samples shall be
submitted to a National Missing and Unidentified Persons
System partner laboratory for DNA analysis within 30 Days. A
notation of DNA submission shall be made within the National
Missing and Unidentified Persons System Unidentified Person
record.
(i) Nothing in this Act shall be interpreted to preclude
any assisting law enforcement agency, medical examiner,
coroner, or the Illinois State Police from pursuing other

HB2488 - 161 - LRB103 26308 AWJ 52668 b
efforts to identify human remains including efforts to
publicize information, descriptions, or photographs related to
the investigation.
(j) For historic or prehistoric human skeletal remains
determined by an anthropologist to be older than 100 years,
jurisdiction shall be transferred to the Department of Natural
Resources for further investigation under the Archaeological
and Paleontological Resources Protection Act.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
102-869, eff. 1-1-23.)
(50 ILCS 722/25)
Sec. 25. Unidentified persons. The coroner or medical
examiner shall obtain a DNA sample from any individual whose
remains are not identifiable. The DNA sample shall be
forwarded to a National Missing and Unidentified Persons
System partner laboratory or other resource for analysis and
inclusion in the National DNA Index System.
Prior to the burial or interment of any unknown
individual's remains or any unknown individual's body part,
the medical examiner or coroner in possession of the remains
or body part must assign a DNA log number to the unknown
individual or body part. The medical examiner or coroner shall
place a tag that is stamped or inscribed with the DNA log
number on the individual or body part. The DNA log number shall
be stamped on the unidentified individual's toe tag, if

HB2488 - 162 - LRB103 26308 AWJ 52668 b
possible.
(Source: P.A. 100-901, eff. 1-1-19.)
Section 105. The Counties Code is amended by changing
Sections 1-4009, 3-3001, 3-3003, 3-3004, 3-3007, 3-3008,
3-3009, 3-3010, 3-3012, 3-3013, 3-3014, 3-3015, 3-3016.5,
3-3017, 3-3018, 3-3019, 3-3020, 3-3021, 3-3022, 3-3024,
3-3025, 3-3026, 3-3027, 3-3028, 3-3029, 3-3031, 3-3032,
3-3033, 3-3034, 3-3035, 3-3036, 3-3037, 3-3038, 3-3040,
3-3041, 3-3042, 3-3043, 3-3045, 3-14002, 4-6001, 4-6002,
4-7001, 4-11002, 5-1085.5, and 5-1106, by changing the
headings of Division 3-3 of Article 3 and Division 4-7 of
Article 4, and by adding Sections 3-3000, 3-3002.5, 3-3013.3,
3-3013.5, and 3-3046 as follows:
(55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009)
Sec. 1-4009. Medical examiner Coroner. The medical
examiner coroner of the petitioning county shall perform all
the duties required of him by law within the territory that had
constituted the petitioning county before the proclamation
aforesaid, until his term of office shall expire, and shall
receive the compensation to which he may be entitled by law,
and whatever fees or compensation may be payable by law out of
the county treasury, shall be certified and paid by the county
board of the adjoining county to such medical examiner
coroner, out of taxes collected from property in the territory

HB2488 - 163 - LRB103 26308 AWJ 52668 b
that had constituted the petitioning county.
(Source: P.A. 86-962.)
(55 ILCS 5/Div. 3-3 heading)
Division 3-3. Medical Examiner Coroner
(55 ILCS 5/3-3000 new)
Sec. 3-3000. Appointment of medical examiners; medical
examiner qualifications; discontinuance of the office of
coroner; references to coroner.
(a) On or before September 1, 2024, each county board and
board of county commissioners shall appoint a medical examiner
for a term of 4 years beginning December 1, 2024. Except as
provided in Section 3-3009, a medical examiner may not
simultaneously hold either an elected State or local office or
a law enforcement position.
(b) Medical examiners shall be physicians licensed to
practice within this State for all counties, and, for counties
with populations of 250,000 or more, medical examiners shall
also be board certified in forensic pathology or possess 20 or
more years of death investigation experience.
(c) On December 1, 2024:
(1) except as provided in paragraph (5), in each
county that has an office of the coroner, the office of the
coroner is discontinued, the term of office of the person
elected or appointed coroner is terminated, and the office

HB2488 - 164 - LRB103 26308 AWJ 52668 b
of the medical examiner is created and the powers and
duties of the coroner are transferred to the medical
examiner;
(2) in counties in which another county officer is
performing the duties of the coroner, the powers and
duties of the coroner (as being performed by the county
officer) are transferred to the medical examiner;
(3) the personnel of the office of the coroner (if
any) shall be transferred to the office of the medical
examiner; the status and rights of such employees and the
county under any applicable collective bargaining
agreements or contracts, or under any pension, retirement,
or annuity plan, shall not be affected by this amendatory
Act of the 103rd General Assembly;
(4) all books, records, papers, documents, property
(real and personal), contracts, causes of action, and
pending business pertaining to the powers, duties, rights,
and responsibilities shall be transferred from the coroner
to the medical examiner, including material in electronic
or magnetic format and necessary computer hardware and
software;
(5) all unexpended appropriations and balances and
other funds available for use by the office of the coroner
shall be transferred for use by the office of the medical
examiner, and unexpended balances so transferred shall be
expended only for the purpose for which the appropriations

HB2488 - 165 - LRB103 26308 AWJ 52668 b
were originally made;
(6) this amendatory Act of the 103rd General Assembly
does not affect any act done, ratified, or canceled or any
right occurring or established or any action or proceeding
had or commenced in an administrative, civil, or criminal
cause by the coroner before the effective date of this
amendatory Act of the 103rd General Assembly, and such
actions or proceedings may be continued by the medical
examiner; and
(7) if the county's elected or appointed coroner or
medical examiner, whose term is in effect on November 30,
2024 is appointed the medical examiner under subsection
(a), then the person serving as coroner or medical
examiner on November 30, 2024 shall continue to serve as
the medical examiner in the term beginning December 1,
2024.
(d) After appointment of a medical examiner under
subsection (a), the county board or board of county
commissioners shall reappoint a medical examiner or appoint a
new medical examiner in each year in which a medical
examiner's term expires and the reappointed or appointed
medical examiner shall enter upon the duties of the office on
the December 1 next following the medical examiner's
appointment. Vacancies in an office of medical examiner shall
be filled as provided in Section 3-3043.
(e) Two or more counties, by resolution of the respective

HB2488 - 166 - LRB103 26308 AWJ 52668 b
county board or board of county commissioners, may enter into
an agreement to appoint: (1) the same person to act as medical
examiner for those counties; and (2) the same persons to act as
deputy medical examiners and investigators for those counties.
A person appointed to act as medical examiner for more than one
county must meet the requirements of subsection (b) for all
counties.
(f) On and after December 1, 2024, references to "coroner"
in this Division or in any other provision of law shall mean
"medical examiner" except where the context requires
otherwise.
(55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)
Sec. 3-3001. Commission; training; duties performed by
other county officer.
(a) Every medical examiner coroner shall be commissioned
by the Governor, but no commission shall issue except upon the
certificate of the county clerk of the proper county of the due
election or appointment of the medical examiner coroner and
that the medical examiner coroner has filed his or her bond and
taken the oath of office as provided in this Division.
(b)(1) Within 30 days of assuming office, a medical
examiner appointed coroner elected to that office for the
first time shall apply for admission to the Medical Examiner
Coroner Training Board medical examiner coroners training
program. Completion of the training program shall be within 6

HB2488 - 167 - LRB103 26308 AWJ 52668 b
months of application. Any medical examiner coroner may direct
the chief deputy medical examiner coroner or a deputy medical
examiner coroner, or both, to attend the training program,
provided the medical examiner coroner has completed the
training program. Satisfactory completion of the program shall
be evidenced by a certificate issued to the medical examiner
coroner by the Medical Examiner Coroner Training Board. All
medical examiners coroners shall complete the training program
at least once while serving as medical examiner coroner.
(2) In developing the medical examiner coroner training
program, the Medical Examiner Coroner Training Board shall
consult with the Illinois Coroners and Medical Examiners
Association or other organization as approved by the Medical
Examiner Coroner Training Board.
(3) The Medical Examiner Coroner Training Board shall
notify the proper county board of the failure by a medical
examiner coroner to successfully complete this training
program.
(c) Every medical examiner coroner shall attend at least
24 hours of accredited continuing education for medical
examiners coroners in each calendar year.
(d) (Blank). 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
same proposition, that the duties of the coroner be taken over
by another county officer specified by the resolution and

HB2488 - 168 - LRB103 26308 AWJ 52668 b
proposition.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 5/3-3002.5 new)
Sec. 3-3002.5. Investigators.
(a) The medical examiner may appoint investigators,
subject to county board or board of county commissioners
appropriation, to assist the medical examiner in carrying out
the duties required by this Division. The medical examiner
shall determine the qualifications of an investigator, taking
into consideration a person's education, training, and
experience, and shall be solely responsible for determining
the duties assigned to the investigator.
(b) The medical examiner may designate an investigator
appointed under subsection (a) to take charge of the body,
make pertinent investigation, note the circumstances
surrounding the death, and, if considered necessary, cause the
body to be transported for examination by the medical
examiner.
(c) The medical examiner shall maintain a list of
investigators appointed under this Section and their
qualifications and shall file the list with all law
enforcement agencies in the county.
(d) An investigator appointed under subsection (a) shall
not:
(1) be an agent or employee of a funeral director or

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funeral establishment;
(2) receive, directly or indirectly, remuneration in
connection with the disposition of the body; or
(3) make funeral or burial arrangements without
approval of the next of kin or the individual responsible
for the funeral expenses.
(55 ILCS 5/3-3003) (from Ch. 34, par. 3-3003)
Sec. 3-3003. Office of medical examiner; compensation;
elderly and vulnerable adult death review team; removal of
medical examiner or deputy medical examiner Duties of coroner.
(a) The medical examiner is in charge of the office of the
medical examiner and may adopt rules relative to the conduct
of the office. The medical examiner may delegate any functions
of the office to a duly appointed deputy medical examiner.
(b) The compensation of a medical examiner shall be fixed
by the county board or board of county commissioners.
(c) The county coroner shall control the internal
operations of his office. Subject to the applicable county
appropriation ordinance, the medical examiner 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 medical examiner coroner,
subject to budgetary limitations established by the county
board or board of county commissioners. Purchases of equipment
shall be made in accordance with any ordinance requirements

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for centralized purchasing through another county office or
through the State which are applicable to all county offices.
(d) The medical examiner may establish an elderly and
vulnerable adult death review team, including developing
protocols to be used by the elderly and vulnerable adult death
review team in conducting a review of an elderly or vulnerable
adult death. If established, one member, except as otherwise
noted, of each of the following shall be allowed to
participate on the elderly and vulnerable adult death review
team: the medical examiner or deputy medical examiner; a
physician or other health care professional specializing in
geriatric medicine; a physician or other health care
professionals employed by long term care facilities; 2 to 3
members of relevant State and local law enforcement agencies;
a member from the State's Attorney's office; and 3 members
from State departments who are involved with issues regarding
adult protective services, adult foster care homes, and homes
for the aged. The elderly and vulnerable adult death review
team may allow participation by others as designated by the
team, such as members representing the long term care
ombudsman program, community mental health, and the Department
of Healthcare and Family Services who are involved with the
licensing and regulation of long-term care facilities.
(e) The county board or board of county commissioners
shall remove from office, after hearing, a medical examiner
or, upon request of the medical examiner, a deputy medical

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examiner who fails to discharge properly the duties of the
medical examiner or deputy medical examiner.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3004) (from Ch. 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 each his or
her county in which the person will serve as medical examiner,
in the penal sum of $5,000, which shall cover both the medical
examiner coroner and any deputy medical examiners or
investigators 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
medical examiner coroner, deputy medical examiner,
investigator, 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 5/3-3007) (from Ch. 34, par. 3-3007)
Sec. 3-3007. Conservator of the peace. Each medical

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examiner 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 ILCS 5/3-3008) (from Ch. 34, par. 3-3008)
Sec. 3-3008. Medical examiner 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 medical examiner
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 ILCS 5/3-3009) (from Ch. 34, par. 3-3009)
Sec. 3-3009. Deputy medical examiner's coroner's,
sheriff's or police officer's performance of medical
examiner's coroner's duties. If there is no medical examiner
coroner, or it shall appear in like manner that he or she is
also a party to or interested in the suit, or of kin, or
partial to or prejudiced against either party, or the medical
examiner coroner has an economic or personal interest that

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conflicts with his or her official duties as medical examiner
coroner, the medical examiner coroner shall disqualify himself
or herself from acting at an investigation or inquest and
process shall in like manner issue to the deputy medical
examiner coroner if designated by the medical examiner 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 medical
examiner coroner. The designation shall be in writing and
filed with the county clerk.
(Source: P.A. 98-812, eff. 8-1-14.)
(55 ILCS 5/3-3010) (from Ch. 34, par. 3-3010)
Sec. 3-3010. Deputy sheriff, undersheriff, or medical
examiner 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 medical examiner
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.)

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(55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012)
Sec. 3-3012. In-service training expenses. The medical
examiner 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)
(Text of Section before amendment by P.A. 102-982)
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 death due to a sex crime;
(c) A death where the circumstances are suspicious,

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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 charge
of 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

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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 Illinois
State Police or any other accredited or State-certified
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,

HB2488 - 177 - LRB103 26308 AWJ 52668 b
medications used by, and the manner of death of the 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. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois 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

HB2488 - 178 - LRB103 26308 AWJ 52668 b
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 acknowledgment 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 vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror

HB2488 - 179 - LRB103 26308 AWJ 52668 b
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 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 originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the 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 the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or

HB2488 - 180 - LRB103 26308 AWJ 52668 b
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the

HB2488 - 181 - LRB103 26308 AWJ 52668 b
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in subparagraphs
paragraphs (a) through (e) of this Section.
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
revised 8-23-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every medical examiner or
deputy medical examiner, coroner, whenever, as soon as the
medical examiner or deputy medical examiner 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 death due to a sex crime;
(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

HB2488 - 182 - LRB103 26308 AWJ 52668 b
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; or
(f) A death of a prisoner in a county or municipal
jail;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into
the circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with
the medical examiner's coroner's consent from the place of
death to a mortuary in the same county. Medical examiners
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.
If the body of a deceased person has been removed to a private
mortuary for examination upon the order of the medical
examiner, the owner of the mortuary shall be allowed
compensation, on the order of the medical examiner, for the
owner's services as the medical examiner deems reasonable out
of the general fund of the county where the body is found.
Any expense incurred under the provisions of this Division
shall be within the appropriations made for the medical
examiner by the county board or board of county commissioners.
A medical examiner or deputy medical examiner may secure

HB2488 - 183 - LRB103 26308 AWJ 52668 b
records or documents as the medical examiner or deputy medical
examiner deems necessary to complete an investigation under
this Section in the same manner as provided in Section 3-3026.
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 medical examiner 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 crash causing his death, by such
physician as has been designated in accordance with Section
3-3014, or by the medical examiner coroner or deputy medical
examiner coroner or a qualified person designated by such
physician, medical examiner coroner, or deputy medical
examiner coroner. If the county does not maintain laboratory
facilities for making such analysis, the blood and urine so
drawn shall be sent to the Illinois State Police or any other
accredited or State-certified 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

HB2488 - 184 - LRB103 26308 AWJ 52668 b
criminal, that might otherwise be incurred or imposed.
In all other cases coming within the jurisdiction of the
medical examiner coroner and referred to in subparagraphs (a)
through (f) (e) above, blood, and, whenever possible, urine
samples shall be analyzed for the presence of alcohol and
other drugs. When the medical examiner 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 medical examiner coroner
suspects a death is due to toxic substances, other than drugs,
the medical examiner 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 the 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. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30

HB2488 - 185 - LRB103 26308 AWJ 52668 b
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois 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 medical examiner coroner, the medical examiner 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 medical examiner coroner shall determine, and may
be in any form which the medical examiner coroner shall

HB2488 - 186 - LRB103 26308 AWJ 52668 b
determine and may incorporate any reasonable form of request
for acknowledgment which the medical examiner 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 medical examiner coroner shall select 6 to
serve as the jury for the inquest. Inquests may be continued
from time to time, as the medical examiner 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 medical examiner coroner shall fill the vacancy or
vacancies. A juror serving pursuant to this paragraph shall
receive compensation from the county at the same rate as the
rate of compensation that is paid to petit or grand jurors in
the county. The medical examiner coroner shall furnish to each
juror without fee at the time of his discharge a certificate of
the number of days in attendance at an inquest, and, upon being
presented with such certificate, the county treasurer shall
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, the
medical examiner coroner may conduct an inquest. The jury
commission shall provide at least 8 jurors to the medical
examiner coroner, from whom the medical examiner coroner shall
select any 6 to serve as the jury for the inquest. Inquests may
be continued from time to time as the medical examiner coroner

HB2488 - 187 - LRB103 26308 AWJ 52668 b
may deem necessary. The 6 jurors originally chosen in a given
case may view the body of the deceased. If at any continuation
of an inquest one or more of the 6 jurors originally chosen
shall be unable to continue to serve, the medical examiner
coroner shall fill the vacancy or vacancies. At the medical
examiner's coroner's discretion, additional jurors to fill
such vacancies shall be supplied by the jury commission. A
juror serving pursuant to this paragraph in such county shall
receive compensation from the 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 medical examiner coroner
shall report the death to the Office of the State Fire Marshal.
The medical examiner coroner shall provide a copy of the death
certificate (i) within 30 days after filing the permanent
death certificate and (ii) in a manner that is agreed upon by
the medical examiner coroner and the State Fire Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the medical examiner
coroner shall report the cause of the overdose. As used in this
Section, "overdose" has the same meaning as it does in Section

HB2488 - 188 - LRB103 26308 AWJ 52668 b
414 of the Illinois Controlled Substances Act. The Department
of Public Health shall issue a semiannual report to the
General Assembly summarizing the reports received. The
Department shall also provide on its website a monthly report
of overdose death figures organized by location, age, and any
other factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the medical
examiner coroner shall report the death to the Illinois State
Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the medical examiner coroner of the county in
which the facility is located. If the medical examiner coroner
has reason to believe that an investigation is needed to
determine whether the death was caused by maltreatment or
negligent care of the ward of the State or youth in care as
defined in Section 4d of the Children and Family Services Act,
the medical examiner coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in subparagraphs

HB2488 - 189 - LRB103 26308 AWJ 52668 b
paragraphs (a) through (f) (e) of this Section.
The Department of Public Health may adopt rules for record
keeping for medical examiner offices where necessary to
uniformly report on a public health issue, including those
issues mentioned in this Section.
Medical examiners shall keep a record of all persons who
have viewed a body that is subject to investigation under this
Division while the investigation is ongoing.
As used in this Section:
"Hospice care" has the meaning given to that term in
Section 3 of the Hospice Program Licensing Act.
"Licensed physician" means a person licensed under the
Medical Practice Act of 1987.
"Registered nurse" has the meaning given to that term in
Section 50-10 of the Nurse Practice Act.
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
102-982, eff. 7-1-23; revised 8-23-22.)
(55 ILCS 5/3-3013.3 new)
Sec. 3-3013.3. Identification of the body.
(a) The medical examiner shall ascertain the identity of
the decedent and immediately and as compassionately as
possible notify the next of kin of the decedent's death,
including the current location of the body. The notification
described in this subsection is not required if a law
enforcement agency informs the medical examiner that the

HB2488 - 190 - LRB103 26308 AWJ 52668 b
notification has already occurred.
(b) If visual identification of a decedent is impossible
as a result of burns, decomposition, or other disfiguring
injuries or if the medical examiner is aware that the death is
the result of an accident that involved 2 or more individuals
who were approximately the same age, sex, height, weight, hair
color, eye color, and race, then the medical examiner shall
verify the identity of the decedent through fingerprints,
dental records, DNA, or other definitive identification
procedures and, if the accident resulted in the survival of
any individuals with the same attributes, shall notify the
respective hospital or institution of the medical examiner's
findings. The medical examiner may conduct an autopsy under
Section 3-3014 if the medical examiner determines that an
autopsy reasonably appears to be required pursuant to law.
After the medical examiner, a deputy medical examiner, or a
person from law enforcement has made a diligent effort to
locate and notify the next of kin and was unsuccessful in
notifying the next of kin, the medical examiner may order or
conduct the autopsy under Section 3-3014 with or without the
consent of the next of kin of the decedent.
(c) The medical examiner or a deputy medical examiner
shall keep a written record of the efforts to locate and notify
the next of kin for a period of one year from the date of the
autopsy.

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(55 ILCS 5/3-3013.5 new)
Sec. 3-3013.5. Organ donation. If an investigation of the
cause and manner of death is required under this Division,
regardless of whether the death occurred in a hospital or not,
and the medical examiner or the medical examiner's designee
has notice that the body is of an individual that was a donor
or that a gift of all or a part of the body has been designated
to be made under the Illinois Anatomical Gift Act or any other
law, the medical examiner or the medical examiner's designee
shall conduct the examination of the dead body within a time
period that permits organs, tissues, and eyes to remain viable
for transplant. If the medical examiner or the medical
examiner's designee is unable to conduct the investigation
within that period of time, a health professional or
technician who is authorized to remove an anatomical gift from
a donor may remove the donated organs, tissues, or eyes in
order to preserve the viability of the donated tissues or
organs for transplant upon notifying the medical examiner or
the medical examiner's designee. If the medical examiner or
the medical examiner's designee determines that an organ may
be related to the cause of death, the medical examiner or the
medical examiner's designee may do one or more of the
following:
(1) request to be present during the removal of the
donated organs; or
(2) request a biopsy of the donated organs.

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(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 autopsy
conducted pursuant to this Division shall be performed by the
medical examiner or deputy medical examiner or, as directed by
the medical examiner, a physician duly licensed to practice
medicine in all of its branches, and wherever possible by one
having special training in pathology. In Class I counties,
medical examinations or autopsies (including those performed
on exhumed bodies) shall 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 the medical
examiner, deputy medical examiner, or 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 medical examiner coroner and
also with the Department of Public Health.

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The medical examiner shall promptly deliver or return the
body or any portion of the body to relatives or
representatives of the decedent after an examination or
autopsy is performed under this Section. If there are no
relatives or representatives of the decedent that could be
located and notified by the medical examiner, the medical
examiner may have the body cremated as provided in Section
3-3017. A medical examiner may retain any portion of the body
that the medical examiner considers necessary to establish the
cause of death, the conditions contributing to death, or the
manner of death, or as evidence of any crime. If a portion of
the body retained is an entire organ or limb of the decedent,
the medical examiner shall attempt to verbally or in writing
notify the relatives or representatives of the decedent of
that retention and offer an opportunity for the relative or
representative to request the return of that organ or limb. If
notification is verbally made under this Section, the medical
examiner shall follow up with written notification. The
medical examiner or a deputy medical examiner shall keep a
written record of the efforts to notify the relatives or
representatives of the decedent under this paragraph for a
period of one year from the date of the notification or attempt
to notify. Upon determination that retention of the portions
of the body is no longer necessary under this paragraph, the
medical examiner shall do all of the following, as applicable:
(1) If requested in writing under this paragraph,

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promptly deliver or return the retained organ or limb to
the relatives or representatives of the decedent.
(2) Dispose of any remaining retained body portions in
the manner prescribed for medical waste.
A medical examiner or any person acting under the
authority of the medical examiner who performs the medical
examiner's duties for the retention of body parts shall not be
liable in a civil action as a result of an act or omission by
the person arising out of the person's good faith performance
of those duties unless that person's act or omission was the
result of that person's negligence.
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 medical examiner 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

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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 medical examiner coroner to cause an
autopsy to be performed, including the taking of x-rays and
the performance of other medical tests as the medical examiner
coroner deems appropriate.
(b) The medical examiner 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 medical examiner
coroner shall secure the services of a pathologist. The
Department of Public Health shall provide medical examiners
coroners and pathologists with a child death autopsy protocol.
(c) If the medical examiner coroner determines it
advisable to exhume a body for the purpose of investigation or
autopsy or both, and the medical examiner coroner would have
been authorized under this Section to perform an investigation
or autopsy on the body before it was interred, the medical
examiner 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 5/3-3016.5)
Sec. 3-3016.5. Sudden, unexpected death in epilepsy

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(SUDEP).
(a) All autopsies conducted in this State shall include an
inquiry to determine whether the death was a direct result of a
seizure or epilepsy. If the findings in an autopsy of a medical
examiner or , examining physician, or coroner are consistent
with known or suspected sudden, unexpected death in epilepsy
(SUDEP), then the medical examiner or , examining physician, or
coroner shall:
(1) cause to be indicated on the death certificate
that SUDEP is the cause or suspected cause of death; and
(2) forward a copy of the death certificate to the
North 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 previously
diagnosed with epilepsy that is not due to trauma, drowning,
status epilepticus, or other known causes, but for which there
is often evidence of an associated seizure. A finding of
sudden, unexpected death in epilepsy is definite when clinical
criteria are met and autopsy reveals no alternative cause of
death, 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; 98-756, eff. 7-16-14.)
(55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017)
Sec. 3-3017. Cremation. In any death where the remains are

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to be cremated, it shall be the duty of the funeral director or
person having custody of the dead body to obtain from the
medical examiner coroner a permit to cremate the body. The
medical examiner's coroner's permit to cremate shall be
presented to the local registrar in applying for the Permit
for Disposition of Dead Human Body provided for in Section 21
of the Vital Records Act, and the local registrar shall attach
the medical examiner's coroner's permit to cremate to the
Permit for Disposition of Dead Human Body which is issued. No
crematory shall cremate a dead human body unless a Permit for
Disposition of Dead Human Body with an attached medical
examiner's coroner's permit to cremate has been furnished to
authorize the cremation. Any person knowingly violating the
provisions of this Section is guilty of a Class A misdemeanor.
(Source: P.A. 86-962; 86-1028; 87-895.)
(55 ILCS 5/3-3018) (from Ch. 34, par. 3-3018)
Sec. 3-3018. Death certificates. Every medical examiner
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 Ch. 34, par. 3-3019)
Sec. 3-3019. Removal of bodies and property; violation.

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(a) 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 medical examiner 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
subsection Section is guilty of a Class A misdemeanor.
(b) In all cases arising under the provisions of this
Division, in the absence of next of kin of the deceased person,
the most senior law enforcement officer involved with the
matter, and in the absence of law enforcement, the medical
examiner or the medical examiner's deputy medical examiner,
shall take possession of all property of value found upon the
person of the deceased, make an exact inventory report of the
property and shall deliver the property, unless required as
evidence, to the person entitled to the custody or possession
of the body. If the personal property of value is not claimed
by the person entitled to the custody or possession of the body
of the decedent within 60 days, the property shall be disposed
of under Section 3-3033; or, if required as evidence, the
property, within 60 days after the termination of any
proceeding or appeal period of the proceeding, shall be turned
over to the person entitled to the custody or possession of the
body or disposed of under Section 3-3033. Nothing in this

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subsection affects the powers and duties of a public
administrator.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)
Sec. 3-3020. Medical examiner Coroner to be notified;
violation; elderly and vulnerable adult death review team
notification.
(a) 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 medical examiner
coroner promptly. Any such person failing to so notify the
medical examiner coroner promptly shall be guilty of a Class A
misdemeanor, unless such person has reasonable cause to
believe that the medical examiner coroner had already been so
notified.
(b) If a person required to notify the medical examiner
under subsection (a) has knowledge that there were 2 or more
individuals involved in the same incident who were
approximately the same age, sex, height, weight, hair color,
eye color, and race, then that person shall make the medical
examiner or deputy medical examiner aware of that fact and
whether or not any of those individuals survived that incident

HB2488 - 200 - LRB103 26308 AWJ 52668 b
when notifying the medical examiner or deputy medical examiner
of the death as required under subsection (a). If any of those
individuals survived, the medical examiner or deputy medical
examiner shall also be informed which hospital or institution
those individuals were taken to and the hospital or
institution shall also be made aware that the incident
involved 2 or more individuals with similar attributes.
(c) If an elderly and vulnerable adult death review team
is established under Section 3-3003, a medical examiner or
deputy medical examiner who receives notice of a death of an
elderly or vulnerable adult who died unexpectedly or under
suspicious circumstances may refer the case to the elderly and
vulnerable adult death review team. Upon receipt of a referral
under this subsection, the elderly and vulnerable adult death
review team shall conduct a review of this matter. Information
obtained under this subsection by an elderly and vulnerable
adult death review team is confidential and may be disclosed
by the elderly and vulnerable adult death review team only to
the medical examiner, the State's Attorney's office, local law
enforcement, or another elderly and vulnerable adult death
review team, as appropriate. The information obtained under
this subsection by an elderly and vulnerable adult death
review team is exempt from disclosure under the Freedom of
Information Act.
(Source: P.A. 86-962.)

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(55 ILCS 5/3-3021) (from Ch. 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 medical examiner 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 medical examiners
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
medical examiner's coroner's investigation.
Nothing herein shall be construed to preclude the medical
examiner coroner from consulting with the decedent's next of
kin, personal 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

HB2488 - 202 - LRB103 26308 AWJ 52668 b
prayer or spiritual means alone.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3022) (from Ch. 34, par. 3-3022)
Sec. 3-3022. Bystanders. If a sufficient number of jurors
so summoned do not attend, the medical examiner coroner may
summon others from among the bystanders to make up the jury.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3024) (from Ch. 34, par. 3-3024)
Sec. 3-3024. Oath of jurors. When the jury are assembled,
the medical examiner 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 medical examiner
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

HB2488 - 203 - LRB103 26308 AWJ 52668 b
help you God.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3025) (from Ch. 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
deliver the same to the medical examiner 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 medical
examiner 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 medical examiner 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

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to the object of his inquest, he shall appear before the
circuit judge of the county for which he is medical examiner
coroner and, upon good cause shown, said judge shall issue a
subpoena for the delivery to the medical examiner coroner of
the documents or records requested.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3027) (from Ch. 34, par. 3-3027)
Sec. 3-3027. Notice of inquest. The medical examiner
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 Ch. 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 medical examiner
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

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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 Ch. 34, par. 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 medical examiner coroner to commit the
witness so refusing to the common jail of the county, there to
remain until discharged according to law; and the medical
examiner 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.)
(55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031)
Sec. 3-3031. Testimony reduced to writing; medical
examiner's coroner's verdict not admissible in civil suit. The
medical examiner 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 medical examiner coroner in his office and
carefully preserved: Provided, the medical examiner coroner

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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 medical examiner 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 medical
examiner's 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)

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Sec. 3-3032. Inquest record. Every medical examiner
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 medical examiner
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 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 medical examiner's coroner's
investigation, inquiry or inquest is , the coroner shall take
charge of the same and deliver the same to those entitled to
its care or possession; but if not claimed as provided in

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Section 3-3019, or if the same shall be necessary to defray the
expenses of the burial, the medical examiner coroner shall,
after giving 10 days' notice of the time and place of sale,
sell such property, and after deducting medical examiner's
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
medical examiner 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
medical examiner 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 medical examiner 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 Revised Uniform Unclaimed Property Act, delivers human

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remains to the medical examiner coroner, the medical examiner
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 medical examiner coroner, and the medical
examiner coroner shall cause the remains to be disposed of as
provided in this Section.
(Source: P.A. 100-22, eff. 1-1-18.)
(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 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

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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 medical examiner's 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 medical examiner 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

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before obtaining permission from the medical examiner coroner
where such body is the subject of a medical examiner's
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. Medical examiner Coroner in military service.
In case any medical examiner coroner is called into the active
military service of the United States, the office of medical
examiner coroner shall not be deemed to be vacant during the
time such medical examiner 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 medical examiner
coroner in such county during the time such medical examiner
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 medical examiner coroner, apportioned
as to the time of service, and such appointment and all
authority thereunder shall cease upon the discharge of such
medical examiner coroner from the active military service of
the United States. Such appointee shall give a bond as
required of regularly appointed medical examiners elected

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coroners.
(Source: P.A. 86-962.)
(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)
Sec. 3-3040. Appointment of deputies. Each medical
examiner coroner may appoint one or more persons licensed to
practice medicine in this State as deputy medical examiners
deputies as the medical examiner 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 medical examiner coroner. A deputy
medical examiner's deputy's compensation shall be determined
by the county board or board of county commissioners.
(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 medical
examiners 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 medical examiners
coroners, duly appointed and qualified, may perform any and

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all of the duties of the medical examiner coroner in the name
of the medical examiner coroner, and the acts of such deputies
shall be held to be acts of the medical examiner 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 medical examiner coroner occurs and
the position is an appointed one, the county board or board of
county commissioners 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 5/3-3045)
Sec. 3-3045. Disposal of medications. A coroner or medical
examiner may dispose of any unused medications found at the
scene of a death the coroner or medical examiner is
investigating under Section 18 of the Safe Pharmaceutical

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Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17.)
(55 ILCS 5/3-3046 new)
Sec. 3-3046. Home rule. A home rule county may not
regulate medical examiners in a manner inconsistent with this
Division. This Division is a limitation under subsection (i)
of Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(55 ILCS 5/3-14002) (from Ch. 34, par. 3-14002)
Sec. 3-14002. Position-classification agency. The Board of
Commissioners shall have the authority to create a
position-classification agency and to delegate to such agency
the power to establish and maintain a position-classification
and compensation plan for all county employees except those
whose election or appointment is otherwise provided for by law
and except those enumerated in Section 3-14022. Without
limitation as to the generality hereof the authority of such
agency shall also extend to the offices of the Clerk of the
Circuit Court, Sheriff, County Treasurer, Recorder, Medical
Examiner Coroner, Jury Commissioners, Public Defender, County
Clerk, State's Attorney, County Assessor, Board of Appeals and
Superintendent of Schools.
(Source: P.A. 86-962.)

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(55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001)
Sec. 4-6001. Officers in counties of less than 2,000,000.
(a) In all counties of less than 2,000,000 inhabitants,
the compensation of Medical Examiners Coroners, County
Treasurers, County Clerks, Recorders and Auditors shall be
determined under this Section. The County Board in those
counties shall fix the amount of the necessary clerk hire,
stationery, fuel and other expenses of those officers. The
compensation of those officers shall be separate from the
necessary clerk hire, stationery, fuel and other expenses, and
such compensation (except for medical examiners coroners in
those counties with less than 2,000,000 population in which
the medical examiner's coroner's compensation is set in
accordance with Section 4-6002) shall be fixed within the
following limits:
To each such officer in counties containing less than
14,000 inhabitants, not less than $13,500 per annum.
To each such officer in counties containing 14,000 or more
inhabitants, but less than 30,000 inhabitants, not less than
$14,500 per annum.
To each such officer in counties containing 30,000 or more
inhabitants but less than 60,000 inhabitants, not less than
$15,000 per annum.
To each such officer in counties containing 60,000 or more
inhabitants but less than 100,000 inhabitants, not less than

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$15,000 per annum.
To each such officer in counties containing 100,000 or
more inhabitants but less than 200,000 inhabitants, not less
than $16,500 per annum.
To each such officer in counties containing 200,000 or
more inhabitants but less than 300,000 inhabitants, not less
than $18,000 per annum.
To each such officer in counties containing 300,000 or
more inhabitants but less than 2,000,000 inhabitants, not less
than $20,000 per annum.
(b) Those officers beginning a term of office before
December 1, 1990 shall be compensated at the rate of their base
salary. "Base salary" is the compensation paid for each of
those offices, respectively, before July 1, 1989.
(c) Those officers beginning a term of office on or after
December 1, 1990 shall be compensated as follows:
(1) Beginning December 1, 1990, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1991, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1992, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1993, base salary plus at
least 12% of base salary.
(d) In addition to but separate and apart from the
compensation provided in this Section, the county clerk of

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each county, the recorder of each county, and the chief clerk
of each county board of election commissioners shall receive
an award as follows:
(1) $4,500 per year after January 1, 1998;
(2) $5,500 per year after January 1, 1999; and
(3) $6,500 per year after January 1, 2000.
The total amount required for such awards each year shall be
appropriated by the General Assembly to the State Board of
Elections which shall distribute the awards in annual lump sum
payments to the several county clerks, recorders, and chief
election clerks. Beginning December 1, 1990, this annual
award, and any other award or stipend paid out of State funds
to county officers, shall not affect any other compensation
provided by law to be paid to county officers.
(e) Beginning December 1, 1990, no county board may reduce
or otherwise impair the compensation payable from county funds
to a county officer if the reduction or impairment is the
result of the county officer receiving an award or stipend
payable from State funds.
(f) The compensation, necessary clerk hire, stationery,
fuel and other expenses of the county auditor, as fixed by the
county board, shall be paid by the county.
(g) The population of all counties for the purpose of
fixing compensation, as herein provided, shall be based upon
the last Federal census immediately previous to the election
of the officer in question in each county.

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(h) With respect to an auditor who takes office on or after
the effective date of this amendatory Act of the 95th General
Assembly, the auditor shall receive an annual stipend of
$6,500 per year. The General Assembly shall appropriate the
total amount required for the stipend each year from the
Personal Property Tax Replacement Fund to the Department of
Revenue, and the Department of Revenue shall distribute the
awards in an annual lump sum payment to each county auditor.
The stipend shall be in addition to, but separate and apart
from, the compensation provided in this Section. No county
board may reduce or otherwise impair the compensation payable
from county funds to the auditor if the reduction or
impairment is the result of the auditor receiving an award or
stipend pursuant to this subsection.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002)
Sec. 4-6002. Medical examiners Coroners in counties of
less than 2,000,000.
(a) The County Board, in all counties of less than
2,000,000 inhabitants, shall fix the compensation of medical
examiners Coroners within the limitations fixed by this
Division, and shall appropriate for their necessary clerk
hire, stationery, fuel, supplies, and other expenses. The
compensation of the medical examiners Coroner shall be fixed
separately from his necessary clerk hire, stationery, fuel and

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other expenses, and such compensation shall be fixed within
the following limits:
To each medical examiner Coroner in counties containing
less than 5,000 inhabitants, not less than $4,500 per annum.
To each medical examiner Coroner in counties containing
5,000 or more inhabitants but less than 14,000 inhabitants,
not less than $6,000 per annum.
To each medical examiner Coroner in counties containing
14,000 or more inhabitants, but less than 30,000 inhabitants,
not less than $9,000 per annum.
To each medical examiner Coroner in counties containing
30,000 or more inhabitants, but less than 60,000 inhabitants,
not less than $14,000 per annum.
To each medical examiner Coroner in counties containing
60,000 or more inhabitants, but less than 100,000 inhabitants,
not less than $15,000 per annum.
To each medical examiner Coroner in counties containing
100,000 or more inhabitants, but less than 200,000
inhabitants, not less than $16,500 per annum.
To each medical examiner Coroner in counties containing
200,000 or more inhabitants, but less than 300,000
inhabitants, not less than $18,000 per annum.
To each medical examiner Coroner in counties containing
300,000 or more inhabitants, but less than 2,000,000
inhabitants, not less than $20,000 per annum.
The population of all counties for the purpose of fixing

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compensation, as herein provided, shall be based upon the last
Federal census immediately previous to the election of the
medical examiner Coroner in question in each county. This
Section does not apply to a county which has abolished the
elective office of medical examiner coroner.
(b) Those medical examiners coroners beginning a term of
office on or after December 1, 1990 shall be compensated as
follows:
(1) Beginning December 1, 1990, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1991, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1992, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1993, base salary plus at
least 12% of base salary.
"Base salary", as used in this subsection (b), means the
salary in effect before July 1, 1989.
(c) In addition to, but separate and apart from, the
compensation provided in this Section, subject to
appropriation, the medical examiner coroner of each county
shall receive an annual stipend of $6,500 to be paid by the
Illinois Department of Revenue out of the Personal Property
Tax Replacement Fund if his or her term begins on or after
December 1, 2000.
(Source: P.A. 97-72, eff. 7-1-11.)

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(55 ILCS 5/Div. 4-7 heading)
Division 4-7. Medical Examiner's Coroner's Fees
(55 ILCS 5/4-7001) (from Ch. 34, par. 4-7001)
Sec. 4-7001. Medical examiner's Coroner's fees. The fees
of the medical examiner's coroner's office shall be as
follows:
1. For a copy of a transcript of sworn testimony:
$5.00 per page.
2. For a copy of an autopsy report (if not included in
transcript): $50.00.
3. For a copy of the verdict of a medical examiner's
coroner's jury: $5.00.
4. For a copy of a toxicology report: $25.00.
5. For a print of or an electronic file containing a
picture obtained by the medical examiner coroner: actual
cost or $3.00, whichever is greater.
6. For each copy of miscellaneous reports, including
artist's drawings but not including police reports: actual
cost or $25.00, whichever is greater.
7. For a coroner's or medical examiner's permit to
cremate a dead human body: $50.00. The medical examiner
coroner may waive, at his or her discretion, the permit
fee if the medical examiner coroner determines that the
person is indigent and unable to pay the permit fee or

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under other special circumstances.
All of which fees shall be certified by the court; in the
case of inmates of any State charitable or penal institution,
the fees shall be paid by the operating department or
commission, out of the State Treasury. The medical examiner
coroner shall file his or her claim in probate for his or her
fees and he or she shall render assistance to the State's
attorney in the collection of such fees out of the estate of
the deceased. In counties of less than 1,000,000 population,
the State's attorney shall collect such fees out of the estate
of the deceased.
Except as otherwise provided in this Section, whenever the
medical examiner coroner is required by law to perform any of
the duties of the office of the sheriff, the medical examiner
coroner is entitled to the like fees and compensation as are
allowed by law to the sheriff for the performance of similar
services.
Except as otherwise provided in this Section, whenever the
medical examiner coroner of any county is required to travel
in the performance of his or her duties, he or she shall
receive the same mileage fees as are authorized for the
sheriff of such county.
All fees under this Section collected by or on behalf of
the medical examiner's coroner's office shall be paid over to
the county treasurer and deposited into a special account in
the county treasury. Moneys in the special account shall be

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used solely for the purchase of electronic and forensic
identification equipment or other related supplies and the
operating expenses of the medical examiner's coroner's office.
(Source: P.A. 96-1161, eff. 7-21-10.)
(55 ILCS 5/4-11002) (from Ch. 34, par. 4-11002)
Sec. 4-11002. Juror's fees on inquest. The fees of each
juror attending an inquest shall be fixed by the county board
at a sum not to exceed $10 per inquest and not to exceed $40
per day, payable out of the county treasury, upon the
certificate of the medical examiner or acting medical examiner
coroner or acting coroner of the county wherein the inquest
was held. Any juror may elect to waive the fees paid for
attending an inquest.
(Source: P.A. 97-840, eff. 1-1-13.)
(55 ILCS 5/5-1085.5)
Sec. 5-1085.5. Homicide and questionable death protocol.
Each county, except home rule counties, must establish a
written protocol to deal with homicides and questionable
deaths. The protocol must be promulgated by the Medical
Examiner Coroner, Sheriff, State's Attorney, all fire
departments and fire protection districts located in the
county, and all police departments located in the county. The
protocol must include at least the following:
(a) the types of deaths that fall under the scope of

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the protocol;
(b) the agencies concerned with the death;
(c) the area of responsibility for each agency
regarding the death; and
(d) uniform procedures concerning homicides and
questionable deaths.
If, prior to the effective date of this amendatory Act of
the 92nd General Assembly, a county has established a written
protocol that was agreed to by the agencies specified in this
Section to deal with homicides and questionable deaths, then
that protocol is deemed to satisfy the requirements of this
Section.
The protocol shall not interfere with reasonable attempts
to preserve life, attempt resuscitation, or provide necessary
medical services.
(Source: P.A. 92-802, eff. 1-1-03.)
(55 ILCS 5/5-1106) (from Ch. 34, par. 5-1106)
Sec. 5-1106. County offices, equipment and expenditures.
It shall be the duty of the county board of each county:
First--To erect or otherwise provide when necessary, and
the finances of the county will justify it, and keep in repair,
a suitable court house, jail and other necessary county
buildings, and to provide proper rooms and offices for the
accommodation of the county board, State's attorney, county
clerk, county treasurer, recorder and sheriff, and to provide

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suitable furniture therefor. But in counties not under
township organization, no appropriations shall be made for the
erection of public buildings, without first submitting the
proposition to a vote of the people of the county, and the vote
shall be submitted in the same manner and under the same
restrictions as provided for in like cases in Section 5-2001;
and the votes therefor shall be "For taxation," specifying the
object, and those against shall be "Against taxation,"
specifying the object.
Second--To provide and keep in repair, when the finances
of the county permit, suitable fireproof safes or offices for
the county clerk, State's attorney, county treasurer, recorder
and sheriff.
Third--To provide reasonable and necessary expenses for
the use of the county board, county clerk, county treasurer,
recorder, sheriff, medical examiner coroner, State's attorney,
superintendent of schools, judges and clerks of courts, and
supervisor of assessment.
Fourth--To cause to be published at the close of each
annual, regular or special meeting of the board, a brief
statement of the proceedings thereof in one or more newspapers
published in the county, in which shall be set forth the name
of every individual who shall have had any account audited and
allowed by the board and the amount of such claim as allowed,
and the amount claimed, and also their proceedings upon the
equalization of the assessment roll: Provided, that no

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publication in a newspaper shall be required unless the same
can be done without unreasonable expense.
Fifth--To make out at its meeting in September, annually,
a full and accurate statement of the receipts and expenditures
of the preceding year, which statement shall contain a full
and correct description of each item, from whom and on what
account received, to whom paid, and on what account expended,
together with an accurate statement of the finances of the
county at the end of the fiscal year, including all debts and
liabilities of every description, and the assets and other
means to discharge the same; and within 30 days thereafter to
cause the same to be posted up at the court house door, and at
2 other places in the county, and published for one week in
some newspaper therein, if there is one, and the same can be
done without unreasonable expense.
Sixth--To provide proper rooms and offices, and for the
repair thereof, for the accommodation of the circuit court of
the county and for the clerks for such court, and to provide
suitable furnishings for such rooms and offices, and to
furnish fire proof safes, and the repair thereof, for the
offices of the clerks of the circuit court of the county. On or
before June 1, 2019, every facility that houses a circuit
court room shall include at least one lactation room or area
for members of the public to express breast milk in private
that is located outside the confines of a restroom and
includes, at minimum, a chair, a table, and an electrical

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outlet, as well as a sink with running water where possible.
The court rooms and furnishings thereof shall meet with
reasonable minimum standards prescribed by the Supreme Court
of Illinois. Such standards shall be substantially the same as
those generally accepted in court rooms as to general
furnishings, arrangement of bench, tables and chairs,
cleanliness, convenience to litigants, decorations, lighting
and other such matters relating to the physical appearance of
the court room. The lactation rooms and areas shall also meet
with reasonable minimum standards prescribed by the Supreme
Court, which the Supreme Court is respectfully requested to
create, including requirements for posting of notice to the
public regarding location and access to lactation rooms and
areas, as well as requirements for the addition of a sink with
running water in the event of renovation to such facilities.
The Supreme Court is also respectfully requested to create
minimum standards for training of courthouse staff and
personnel regarding location and access to lactation rooms and
areas for all people present in the courthouse who need to use
lactation rooms and areas.
(Source: P.A. 100-947, eff. 1-1-19.)
(55 ILCS 5/3-3002 rep.)
(55 ILCS 5/3-3011 rep.)
(55 ILCS 5/3-3039 rep.)
(55 ILCS 5/3-3044 rep.)

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Section 110. The Counties Code is amended by repealing
Sections 3-3002, 3-3011, 3-3039, and 3-3044.
Section 115. The Coroner Training Board Act is amended by
changing Sections 1, 5, 10, 20, 25, 30, and 35 and adding
Section 37 as follows:
(55 ILCS 135/1)
Sec. 1. Short title. This Act may be cited as the Medical
Examiner Coroner Training Board Act.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Medical Examiner Coroner Training Board.
"Coroner" means coroners and deputy coroners.
"Coroner training school" means any school located within
or outside the State of Illinois whether privately or publicly
owned which offers a course in coroner training and has been
approved by the Board.
"Forensic pathologist" means a board certified pathologist
by the American Board of Pathology.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of

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the State.
"Medical examiner" means medical examiners and deputy
medical examiners.
"Medical examiner training school" means any school
located within or outside the State of Illinois, whether
privately or publicly owned, which offers a course in medical
examiner training and has been approved by the Board.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/10)
Sec. 10. Board; composition; appointments; tenure;
vacancies. The Board shall be composed of 5 members who shall
be appointed by the Governor as follows: 2 medical examiners
coroners, one forensic pathologist from the Cook County
Medical Examiner's Office, one forensic pathologist from a
county other than Cook County, and one citizen of Illinois who
is not currently or was a medical examiner coroner or forensic
pathologist. The initial appointments by the Governor shall be
made on the first Monday of August in 2016 and the initial
appointments' terms shall be as follows: one coroner and one
forensic pathologist shall be for a period of one year, the
second coroner and the second forensic pathologist for 3
years, and the citizen for a period of 3 years. Their
successors, including those appointed under subsection (c) of
Section 37, shall be appointed in like manner for terms to
expire the first Monday of August each 3 years thereafter. All

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members shall serve until their respective successors are
appointed and qualify. Vacancies shall be filled by the
Governor for the unexpired terms.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/20)
Sec. 20. Powers of the Board. The Board has the following
powers and duties:
(a) To require units of local government to furnish such
reports and information as the Board deems necessary to fully
implement this Act.
(b) To establish by rule appropriate mandatory minimum
standards relating to the training of medical examiners
coroners, including, but not limited to, Part 1760 of Chapter
V of Title 20 of the Illinois Administrative Code. The Board
shall consult with the Illinois Coroners and Medical Examiners
Association when adopting mandatory minimum standards.
(c) To provide appropriate certification to those medical
examiners coroners who successfully complete the prescribed
minimum standard basic training course.
(d) To review and approve annual training curriculum for
medical examiners coroners.
(e) To review and approve applicants to ensure no
applicant is admitted to a medical examiner coroner training
school unless the applicant is a person of good character and
has not been convicted of a felony offense, any of the

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misdemeanors in Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17,
11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6,
31-7, 32-4a, or 32-7 of the Criminal Code of 1961 or the
Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C) of
Section 11-14.3 of the Criminal Code of 1961 or the Criminal
Code of 2012, or subsection (a) of Section 17-32 of the
Criminal Code of 1961 or the Criminal Code of 2012, or Section
5 or 5.2 of the Cannabis Control Act, or a crime involving
moral turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may appoint
investigators who shall enforce the duties conferred upon the
Board by this Act.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/25)
Sec. 25. Selection and certification of schools. The Board
shall select and certify medical examiner coroner training
schools within or outside the State of Illinois for the
purpose of providing basic training for medical examiners
coroners and of providing advanced or in-service training for
medical examiners coroners, which schools may be either
publicly or privately owned and operated.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/30)

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Sec. 30. Death investigation training; waiver for
experience.
(a) The Board shall conduct or approve a training program
in death investigation for the training of medical examiners
coroners. Only medical examiners coroners who successfully
complete the training program may be assigned as lead
investigators in a medical examiner's coroner's
investigations. Satisfactory completion of the training
program shall be evidenced by a certificate issued to the
medical examiner coroner by the Board.
(b) The Board shall develop a process for waiver
applications sent from a medical examiner's coroner's office
for those medical examiners coroners whose prior training and
experience as a death or homicide investigator may qualify
them for a waiver. The Board may issue a waiver at its
discretion, based solely on the prior training and experience
of a medical examiner coroner as a death or homicide
investigator.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/35)
Sec. 35. Acceptance of contributions and gifts. The Board
may accept contributions, capital grants, gifts, donations,
services or other financial assistance from any individual,
association, corporation, the United States of America and any
of its agencies or instrumentalities, or any other

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organization having a legitimate interest in medical examiner
coroner training.
(Source: P.A. 99-408, eff. 1-1-16.)
(55 ILCS 135/37 new)
Sec. 37. Transition into Medical Examiner Training Board.
(a) No later than 60 days after the effective date of this
amendatory Act of the 103rd General Assembly, the Board and
the Executive Director, if any, shall meet to discuss what
changes are necessary, as a result of this amendatory Act of
the 103rd General Assembly, to:
(1) reports or information furnished to the Board by
units of local government;
(2) rules that may be adopted for mandatory minimum
standards relating to the training of medical examiners;
(3) appropriate certification for medical examiners;
(4) annual training curriculum for medical examiners;
(5) death investigation training for medical
examiners; and
(6) selection and certification of schools for medical
examiner training.
(b) The Board shall implement changes necessary under
subsection (a) due to this amendatory Act of the 103rd General
Assembly so that appointment of medical examiners under
subsection (a) of Section 3-3000 of the Counties Code and
training of the medical examiners under Section 3-3001 of the

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Counties Code are not delayed.
(c) No later than November 30, 2024, the Governor shall
appoint 2 medical examiners, designating for each appointment
which coroner on the Board is being replaced, from the medical
examiners appointed under subsection (a) of Section 3-3000 of
the Counties Code. The terms of the medical examiners
appointed under this subsection shall expire at the same time
of the coroner whom each medical examiner replaced. If both
medical examiners are not appointed to the Board under this
subsection on or before November 30, 2024, the coroner or
coroners on the Board who have not been replaced with a medical
examiner on November 30, 2024 shall continue as Board members
until medical examiners are appointed and qualified to replace
them.
Section 120. The Illinois Drainage Code is amended by
changing Section 5-7 as follows:
(70 ILCS 605/5-7) (from Ch. 42, par. 5-7)
Sec. 5-7. Original assessments - Right to jury. The
commissioners and any parties interested have the right to a
trial by jury upon all questions as to benefits and damages to
any lands and property affected, if a written demand for a jury
is filed on or before the date and hour fixed for hearing on
the assessment roll. If no demand for a jury trial is filed,
then all parties shall be deemed to have waived a jury, and the

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court shall proceed to hear and determine all questions as to
benefits and damages to any lands and other property without a
jury. If a trial by jury is demanded by the commissioners or by
one or more interested parties, then the court shall submit to
the jury all questions as to benefits and damages to any and
all lands and property, even though a demand for a jury has not
been made by all of the parties interested.
If any lands or property are sought to be taken by the
exercise of the right of eminent domain, then the compensation
to be paid for any lands or property so sought to be taken
shall be fixed by a jury, unless a waiver of a trial by jury
has been filed by each owner of land or property sought to be
taken.
If a trial by jury is to be held, the jury may be drawn and
summoned in the manner now or hereafter provided for the
drawing and summoning of juries for the circuit court. If the
jury is not summoned as above provided, then the court may,
when the cause is set for trial, direct the clerk of the court
to issue a venire for not less than 12 nor more than 24
competent jurors, as the court shall direct, and deliver the
same to the sheriff or medical examiner coroner, who shall
summon such jurors from the body of the county to appear before
the court at the time set for trial. The jury shall be
impaneled, and the parties shall be entitled to challenge
jurors as in other civil cases.
(Source: P.A. 84-886.)

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Section 125. The Abuse Prevention Review Team Act is
amended by changing Sections 15, 20, and 25 as follows:
(210 ILCS 28/15)
Sec. 15. Residential health care facility resident sexual
assault and death review teams; establishment.
(a) The Director, in consultation with the Executive
Council and with law enforcement agencies and other
professionals who work in the field of investigating,
treating, or preventing nursing home resident abuse or neglect
in the State, shall appoint members to two residential health
care facility resident sexual assault and death review teams.
The Director shall appoint more teams if the Director or the
existing teams determine that more teams are necessary to
achieve the purposes of this Act. An Executive Council shall
be organized no later than when at least 4 teams are formed.
The members of a team shall be appointed for 2-year staggered
terms and shall be eligible for reappointment upon the
expiration of their terms.
(b) Each review team shall consist of at least one member
from each of the following categories:
(1) Geriatrician or other physician knowledgeable
about nursing home resident abuse and neglect.
(2) Representative of the Department.
(3) State's Attorney or State's Attorney's

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representative.
(4) Representative of a local law enforcement agency.
(5) Representative of the Illinois Attorney General.
(6) Psychologist or psychiatrist.
(7) Representative of a local health department.
(8) Representative of a social service or health care
agency that provides services to persons with mental
illness, in a program whose accreditation to provide such
services is recognized by the Office of Mental Health
within the Department of Human Services.
(9) Representative of a social service or health care
agency that provides services to persons with
developmental disabilities, in a program whose
accreditation to provide such services is recognized by
the Office of Developmental Disabilities within the
Department of Human Services.
(10) Medical examiner Coroner or forensic pathologist.
(11) Representative of the local sub-state ombudsman.
(12) Representative of a nursing home resident
advocacy organization.
(13) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(14) Representative of an organization that represents
nursing homes.
Each review team may make recommendations to the Director
concerning additional appointments. Each review team member

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must have demonstrated experience and an interest in
investigating, treating, or preventing nursing home resident
abuse or neglect.
(c) Each review team shall select a chairperson from among
its members. The chairperson shall also serve on the Illinois
Residential Health Care Facility Sexual Assault and Death
Review Teams Executive Council.
(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
(210 ILCS 28/20)
Sec. 20. Reviews of nursing home resident sexual assaults
and deaths.
(a) Every case of sexual assault of a nursing home
resident that the Department determined to be valid shall be
reviewed by the review team for the region that has primary
case management responsibility.
(b) Every death of a nursing home resident shall be
reviewed by the review team for the region that has primary
case management responsibility, if the deceased resident is
one of the following:
(1) A person whose death is reviewed by the Department
during any regulatory activity, whether or not there were
any federal or State violations.
(2) A person about whose care the Department received
a complaint alleging that the resident's care violated
federal or State standards so as to contribute to the

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resident's death.
(3) A resident whose death is referred to the
Department for investigation by a local coroner, medical
examiner, or law enforcement agency.
A review team may, at its discretion, review other sudden,
unexpected, or unexplained nursing home resident deaths. The
Department shall bring such deaths to the attention of the
teams when it determines that doing so will help to achieve the
purposes of this Act.
(c) A review team's purpose in conducting reviews of
resident sexual assaults and deaths is to do the following:
(1) Assist in determining the cause and manner of the
resident's assault or death, when requested.
(2) Evaluate means, if any, by which the assault or
death might have been prevented.
(3) Report its findings to the Director and make
recommendations that may help to reduce the number of
sexual assaults on and unnecessary deaths of nursing home
residents.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing
nursing home resident abuse and neglect as a means of
preventing sexual assaults and unnecessary deaths of
nursing home residents.
(5) Make specific recommendations to the Director
concerning the prevention of sexual assaults and

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unnecessary deaths of nursing home residents and the
establishment of protocols for investigating resident
sexual assaults and deaths.
(d) A review team must review the sexual assault or death
cases submitted to it on a quarterly basis. The review team
must meet at least once in each calendar quarter if there are
cases to be reviewed. The Department shall forward cases
pursuant to subsections (a) and (b) of this Section within 120
days after completion of the investigation.
(e) Within 90 days after receiving recommendations made by
a review team under item (5) of subsection (c), the Director
must review those recommendations and respond to the review
team. The Director shall implement recommendations as feasible
and appropriate and shall respond to the review team in
writing to explain the implementation or nonimplementation of
the recommendations.
(f) In any instance when a review team does not operate in
accordance with established protocol, the Director, in
consultation and cooperation with the Executive Council, must
take any necessary actions to bring the review team into
compliance with the protocol.
(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)
(210 ILCS 28/25)
Sec. 25. Review team access to information.
(a) The Department shall provide to a review team, on the

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request of the review team chairperson, all records and
information in the Department's possession that are relevant
to the review team's review of a sexual assault or death
described in subsection (b) of Section 20, including records
and information concerning previous reports or investigations
of suspected abuse or neglect.
(b) A review team shall have access to all records and
information that are relevant to its review of a sexual
assault or death and in the possession of a State or local
governmental agency. These records and information include,
without limitation, death certificates, all relevant medical
and mental health records, records of law enforcement agency
investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections and
Department of Juvenile Justice concerning a person's parole or
aftercare release, records of a probation and court services
department, and records of a social services agency that
provided services to the resident.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 130. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Section 4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent

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or employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatric physician, accredited
religious practitioner who provides treatment by spiritual
means alone through prayer in accordance with the tenets and
practices of the accrediting church, medical examiner coroner,
social worker, social services administrator, registered
nurse, law enforcement officer, field personnel of the
Department of Healthcare and Family Services, field personnel
of the Illinois Department of Public Health and County or
Municipal Health Departments, personnel of the Department of
Human Services (acting as the successor to the Department of
Mental Health and Developmental Disabilities or the Department
of Public Aid), personnel of the Guardianship and Advocacy
Commission, personnel of the State Fire Marshal, local fire
department inspectors or other personnel, or personnel of the
Illinois Department on Aging, or its subsidiary Agencies on
Aging, or employee of a facility licensed under the Assisted
Living and Shared Housing Act, having reasonable cause to
believe any resident with whom they have direct contact has
been subjected to abuse or neglect shall immediately report or
cause a report to be made to the Department. Persons required
to make reports or cause reports to be made under this Section
include all employees of the State of Illinois who are
involved in providing services to residents, including
professionals providing medical or rehabilitation services and
all other persons having direct contact with residents; and

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further include all employees of community service agencies
who provide services to a resident of a public or private long
term care facility outside of that facility. Any long term
care surveyor of the Illinois Department of Public Health who
has reasonable cause to believe in the course of a survey that
a resident has been abused or neglected and initiates an
investigation while on site at the facility shall be exempt
from making a report under this Section but the results of any
such investigation shall be forwarded to the central register
in a manner and form described by the Department.
The requirement of this Act shall not relieve any long
term care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
3-610 of the MC/DD Act or under Section 2-107 of the
Specialized Mental Health Rehabilitation Act of 2013.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may
make a report to the Department, or to any law enforcement
officer, if such person has reasonable cause to suspect a
resident has been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
A person required to make reports or cause reports to be

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made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
Section 135. The MC/DD Act is amended by changing Section
2-208 as follows:
(210 ILCS 46/2-208)
Sec. 2-208. Notice of imminent death, unusual incident,
abuse, or neglect.
(a) A facility shall immediately notify the identified
resident's next of kin, guardian, resident's representative,
and physician of the resident's death or when the resident's
death appears to be imminent. A facility shall immediately
notify the Department by telephone of a resident's death
within 24 hours after the resident's death. The facility shall
notify the Department of the death of a facility's resident
that does not occur in the facility immediately upon learning
of the death. A facility shall promptly notify the coroner or
medical examiner of a resident's death in a manner and form to
be determined by the Department after consultation with the
coroner or medical examiner of the county in which the
facility is located. In addition to notice to the Department
by telephone, the Department shall require the facility to

HB2488 - 245 - LRB103 26308 AWJ 52668 b
submit written notification of the death of a resident within
72 hours after the death, including a report of any medication
errors or other incidents that occurred within 30 days of the
resident's death. A facility's failure to comply with this
Section shall constitute a Type "B" violation.
(b) A facility shall immediately notify the resident's
next of kin, guardian, or resident representative of any
unusual incident, abuse, or neglect involving the resident. A
facility shall immediately notify the Department by telephone
of any unusual incident, abuse, or neglect required to be
reported pursuant to State law or administrative rule. In
addition to notice to the Department by telephone, the
Department shall require the facility to submit written
notification of any unusual incident, abuse, or neglect within
one day after the unusual incident, abuse, or neglect
occurring. A facility's failure to comply with this Section
shall constitute a Type "B" violation. For purposes of this
Section, "unusual incident" means serious injury; unscheduled
hospital visit for treatment of serious injury; 9-1-1 calls
for emergency services directly relating to a resident threat;
or stalking of staff or person served that raises health or
safety concerns.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 140. The ID/DD Community Care Act is amended by
changing Section 2-208 as follows:

HB2488 - 246 - LRB103 26308 AWJ 52668 b
(210 ILCS 47/2-208)
Sec. 2-208. Notice of imminent death, unusual incident,
abuse, or neglect.
(a) A facility shall immediately notify the identified
resident's next of kin, guardian, resident's representative,
and physician of the resident's death or when the resident's
death appears to be imminent. A facility shall immediately
notify the Department by telephone of a resident's death
within 24 hours after the resident's death. The facility shall
notify the Department of the death of a facility's resident
that does not occur in the facility immediately upon learning
of the death. A facility shall promptly notify the coroner or
medical examiner of a resident's death in a manner and form to
be determined by the Department after consultation with the
coroner or medical examiner of the county in which the
facility is located. In addition to notice to the Department
by telephone, the Department shall require the facility to
submit written notification of the death of a resident within
72 hours after the death, including a report of any medication
errors or other incidents that occurred within 30 days of the
resident's death. A facility's failure to comply with this
Section shall constitute a Type "B" violation.
(b) A facility shall immediately notify the resident's
next of kin, guardian, or resident representative of any
unusual incident, abuse, or neglect involving the resident. A

HB2488 - 247 - LRB103 26308 AWJ 52668 b
facility shall immediately notify the Department by telephone
of any unusual incident, abuse, or neglect required to be
reported pursuant to State law or administrative rule. In
addition to notice to the Department by telephone, the
Department shall require the facility to submit written
notification of any unusual incident, abuse, or neglect within
one day after the unusual incident, abuse, or neglect
occurring. A facility's failure to comply with this Section
shall constitute a Type "B" violation. For purposes of this
Section, "unusual incident" means serious injury; unscheduled
hospital visit for treatment of serious injury; 9-1-1 calls
for emergency services directly relating to a resident threat;
or stalking of staff or person served that raises health or
safety concerns.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
Section 145. The Hospital Licensing Act is amended by
changing Sections 6.09a and 7 as follows:
(210 ILCS 85/6.09a)
Sec. 6.09a. Report of death. Every hospital shall promptly
report the death of a person readily known to be, without an
investigation by the hospital, a resident of a facility
licensed under the ID/DD Community Care Act or the MC/DD Act,
to the coroner or medical examiner. The coroner or medical
examiner shall promptly respond to the report by accepting or

HB2488 - 248 - LRB103 26308 AWJ 52668 b
not accepting the body for investigation.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or
revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005 or the standards, rules, and
regulations established by virtue of any of those Acts. The
Department may impose fines on hospitals, not to exceed $500
per occurrence, for failing to (1) initiate a criminal
background check on a patient that meets the criteria for
hospital-initiated background checks or (2) report the death
of a person known to be a resident of a facility licensed under
the ID/DD Community Care Act or the MC/DD Act to the coroner or
medical examiner within 24 hours as required by Section 6.09a
of this Act. In assessing whether to impose such a fine for
failure to initiate a criminal background check, the
Department shall consider various factors including, but not
limited to, whether the hospital has engaged in a pattern or
practice of failing to initiate criminal background checks.
Money from fines shall be deposited into the Long Term Care

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Provider Fund.
(a-5) If a hospital demonstrates a pattern or practice of
failing to substantially comply with the requirements of
Section 10.10 or the hospital's written staffing plan, the
hospital shall provide a plan of correction to the Department
within 60 days. The Department may impose fines as follows:
(i) if a hospital fails to implement a written staffing plan
for nursing services, a fine not to exceed $500 per occurrence
may be imposed; (ii) if a hospital demonstrates a pattern or
practice of failing to substantially comply with a plan of
correction within 60 days after the plan takes effect, a fine
not to exceed $500 per occurrence may be imposed; and (iii) if
a hospital demonstrates for a second or subsequent time a
pattern or practice of failing to substantially comply with a
plan of correction within 60 days after the plan takes effect,
a fine not to exceed $1,000 per occurrence may be imposed.
Reports of violations of Section 10.10 shall be subject to
public disclosure under Section 6.14a. Money from fines within
this subsection (a-5) shall be deposited into the Hospital
Licensure Fund, and money from fines for violations of Section
10.10 shall be used for scholarships under the Nursing
Education Scholarship Law.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the

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applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A
full and complete record shall be kept of all proceedings,
including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to

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Section 13. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued
under the terms of this Act may be served by any person of full
age. The fees of witnesses for attendance and travel shall be
the same as the fees of witnesses before the Circuit Court of
this State, such fees to be paid when the witness is excused
from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application

HB2488 - 252 - LRB103 26308 AWJ 52668 b
of the Director, or upon the application of any other party to
the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 102-641, eff. 8-27-21.)
Section 150. The Safe Pharmaceutical Disposal Act is
amended by changing Section 18 as follows:
(210 ILCS 150/18)
Sec. 18. Unused medications at the scene of a death.
(a) Notwithstanding any provision of law to the contrary,
the Illinois State Police may by rule authorize State Police
officers to dispose of any unused medications found at the
scene of a death the State Police officer is investigating. A

HB2488 - 253 - LRB103 26308 AWJ 52668 b
State Police officer may only dispose of any unused
medications under this subsection after consulting with any
other investigating law enforcement agency to ensure that the
unused medications will not be needed as evidence in any
investigation. This Section shall not apply to any unused
medications a State Police officer takes into custody as part
of any investigation into a crime.
(b) Notwithstanding any provision of law to the contrary,
a local governmental agency may authorize police officers to
dispose of any unused medications found at the scene of a death
a police officer is investigating. A police officer may only
dispose of any unused medications under this subsection after
consulting with any other investigating law enforcement agency
to ensure that the unused medications will not be needed as
evidence in any investigation. This Section shall not apply to
any unused medications a police officer takes into custody as
part of any investigation into a crime.
(c) Notwithstanding any provision of law to the contrary,
a coroner or medical examiner may dispose of any unused
medications found at the scene of a death the coroner or
medical examiner is investigating. A coroner or medical
examiner may only dispose of any unused medications under this
subsection after consulting with any investigating law
enforcement agency to ensure that the unused medications will
not be needed as evidence in any investigation.
(d) Any disposal under this Section shall be in accordance

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with Section 17 of this Act or another State or federally
approved medication take-back program or location.
(e) This Section shall not apply to prescription drugs for
which the United States Food and Drug Administration created a
Risk Evaluation and Mitigation Strategy for under the Food and
Drug Administration Amendments Act of 2007.
(f) Nothing in this Section shall be construed to require
a search of the scene for unused medications.
(g) Prior to disposal of any medication collected as
evidence in a criminal investigation under this Section, a
State Police officer, police officer, coroner, or medical
examiner shall photograph the unused medication and its
container or packaging, if available; document the number or
amount of medication to be disposed; and include the
photographs and documentation in the police report, coroner
report, or medical examiner report.
(h) If an autopsy is performed as part of a death
investigation, no medication seized under this Section shall
be disposed of until after a toxicology report is received by
the entity requesting the report.
(i) If a police officer, State Police officer, coroner, or
medical examiner is not present at the scene of a death, a
nurse may dispose of any unused medications found at the scene
of a death the nurse is present at while engaging in the
performance of his or her duties. A nurse may dispose of any
unused medications under this subsection only after consulting

HB2488 - 255 - LRB103 26308 AWJ 52668 b
with any investigating law enforcement agency to ensure that
the unused medications will not be needed as evidence in an
investigation.
(j) When an individual authorized to dispose of unused
medication under this Section disposes of unused medication
under this Section in good faith, the individual, and his or
her employer, employees, and agents, shall incur no criminal
liability or professional discipline.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 155. The Coal Mining Act is amended by changing
Sections 10.03 and 10.04 as follows:
(225 ILCS 705/10.03) (from Ch. 96 1/2, par. 1003)
Sec. 10.03. If any person is killed in or about a mine the
operator shall notify the medical examiner coroner of the
county, who shall hold an inquest concerning the cause of the
death. The State Mine Inspector may question or cross-question
any witness testifying at the inquest.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/10.04) (from Ch. 96 1/2, par. 1004)
Sec. 10.04. The State Mine Inspector shall make a personal
investigation as to the nature and cause of all serious
accidents in mines under his supervision. He shall make a
record of the circumstances attending the accident, as

HB2488 - 256 - LRB103 26308 AWJ 52668 b
developed at the medical examiner's coroner's inquest and by
his own personal investigation. A copy of the record shall be
filed with the Department within 30 days following the
conclusion of the investigation, and the report shall
thereupon become a part of the records of the Department. To
enable the State Mine Inspector to make his investigation he
has the power to compel the attendance of witnesses, and to
administer oaths or affirmations to them.
(Source: P.A. 79-340.)
Section 160. The Fluorspar Mines Act is amended by
changing Sections 15 and 16 as follows:
(225 ILCS 710/15) (from Ch. 96 1/2, par. 4222)
Sec. 15. The superintendent shall post or cause to be
posted an emergency organization chart or plan in a
conspicuous place on each mine property designating the duties
of various employees and listing mine rescue stations,
hospitals, doctors, etc., to be called in case of fire,
explosion, flood, cave-in or other emergency. Whenever loss of
life occurs from accident in or about a mine, and when death
results from personal injury, the superintendent or other
person having immediate charge of the work at the time of the
accident shall give notice to the inspector promptly by
telephone or telegraph, followed by a notice in writing, after
knowledge of death comes.

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Whenever possible, the inspector shall be present at the
medical examiner's coroner's inquest held over the remains of
a person killed in or about a mine. Due notice of an intended
inquest to be held by the medical examiner coroner shall be
given by the medical examiner coroner to the inspector, and at
such inquest the inspector shall have the right to examine and
cross-examine witnesses, and such examination shall be part of
the records of such inquest. If, at any inquest held over the
body or bodies of persons whose death was caused by an accident
in or about the mine, the inspector be not present, and it be
found from the evidence given at the inquest that the accident
was caused by neglect or by any defect in or about the mine, or
because the mine was operated contrary to the provisions of
this Act, the medical examiner coroner shall send notice in
writing to said inspector of such reported neglect or default;
and the said inspector shall immediately take steps to have an
investigation made of the same. The medical examiner coroner
before whom such an inquest is held shall promptly file with
the inspector of mines a copy of the testimony taken thereat
and a copy of the verdict rendered by the medical examiner's
coroner's jury.
(Source: Laws 1945, p. 1035.)
(225 ILCS 710/16) (from Ch. 96 1/2, par. 4223)
Sec. 16. Employee failure; investigation. Whenever, in the
opinion of the inspector of mines, a serious or fatal accident

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in or about any mine in this State shall have been caused by
failure on the part of the operator or any employee of such
mine, or by any other person, or by any of them, to observe the
provisions of this Act, it shall be the duty of the inspector
to immediately notify the Department of Natural Resources by
wire or telephone, and cause a copy of the report of such
accident or a copy of the testimony taken at the medical
examiner's coroner's inquest, together with the verdict of the
medical examiner's coroner's jury, and all papers in his or
her hands relating thereto, to be forwarded to the Department
of Natural Resources that an investigation may be immediately
conducted by the Department of Natural Resources, and if they
concur with the inspector, all reports and testimony so
assembled shall be delivered to the prosecuting officer of the
county in which the accident or loss of life occurred,
together with a statement of the inspector showing in what
particular or particulars he or she believes the law to have
been violated, and if upon the receipt thereof the prosecuting
officer of the said county deems the facts to make a prima
facie cause of action against any party, that officer shall
present such evidence to the grand jury and take such further
steps for the criminal prosecution of such operators,
employees or other persons as may seem advisable.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 165. The Adult Protective Services Act is amended

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by changing Sections 2, 3, 5, 8, and 15 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.

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(a-5) "Abuser" means a person who abuses, abandons,
neglects, or financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of

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the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;

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or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an

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eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice

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Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care

HB2488 - 265 - LRB103 26308 AWJ 52668 b
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.

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(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.

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(j) "Substantiated case" means a reported case of alleged
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
(320 ILCS 20/3) (from Ch. 23, par. 6603)
Sec. 3. Responsibilities.
(a) The Department shall establish, design, and manage a
protective services program for eligible adults who have been,
or are alleged to be, victims of abuse, abandonment, neglect,
financial exploitation, or self-neglect. The Department shall
contract with or fund, or contract with and fund, regional
administrative agencies, provider agencies, or both, for the
provision of those functions, and, contingent on adequate
funding, with attorneys or legal services provider agencies
for the provision of legal assistance pursuant to this Act.
For self-neglect, the program shall include the following
services for eligible adults who have been removed from their
residences for the purpose of cleanup or repairs: temporary

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housing; counseling; and caseworker services to try to ensure
that the conditions necessitating the removal do not reoccur.
(a-1) The Department shall by rule develop standards for
minimum staffing levels and staff qualifications. The
Department shall by rule establish mandatory standards for the
investigation of abuse, abandonment, neglect, financial
exploitation, or self-neglect of eligible adults and mandatory
procedures for linking eligible adults to appropriate services
and supports.
(a-5) A provider agency shall, in accordance with rules
promulgated by the Department, establish a multi-disciplinary
team to act in an advisory role for the purpose of providing
professional knowledge and expertise in the handling of
complex abuse cases involving eligible adults. Each
multi-disciplinary team shall consist of one volunteer
representative from the following professions: banking or
finance; disability care; health care; law; law enforcement;
mental health care; and clergy. A provider agency may also
choose to add representatives from the fields of substance
abuse, domestic violence, sexual assault, or other related
fields. To support multi-disciplinary teams in this role, law
enforcement agencies and coroners or medical examiners shall
supply records as may be requested in particular cases.
(b) Each regional administrative agency shall designate
provider agencies within its planning and service area with
prior approval by the Department on Aging, monitor the use of

HB2488 - 269 - LRB103 26308 AWJ 52668 b
services, provide technical assistance to the provider
agencies and be involved in program development activities.
(c) Provider agencies shall assist, to the extent
possible, eligible adults who need agency services to allow
them to continue to function independently. Such assistance
shall include, but not be limited to, receiving reports of
alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect, conducting face-to-face
assessments of such reported cases, determination of
substantiated cases, referral of substantiated cases for
necessary support services, referral of criminal conduct to
law enforcement in accordance with Department guidelines, and
provision of case work and follow-up services on substantiated
cases. In the case of a report of alleged or suspected abuse,
abandonment, or neglect that places an eligible adult at risk
of injury or death, a provider agency shall respond to the
report on an emergency basis in accordance with guidelines
established by the Department by administrative rule and shall
ensure that it is capable of responding to such a report 24
hours per day, 7 days per week. A provider agency may use an
on-call system to respond to reports of alleged or suspected
abuse, abandonment, or neglect after hours and on weekends.
(c-5) Where a provider agency has reason to believe that
the death of an eligible adult may be the result of abuse,
abandonment, or neglect, including any reports made after
death, the agency shall immediately report the matter to both

HB2488 - 270 - LRB103 26308 AWJ 52668 b
the appropriate law enforcement agency and the coroner or
medical examiner. Between 30 and 45 days after making such a
report, the provider agency again shall contact the law
enforcement agency and coroner or medical examiner to
determine whether any further action was taken. Upon request
by a provider agency, a law enforcement agency and coroner or
medical examiner shall supply a summary of its action in
response to a reported death of an eligible adult. A copy of
the report shall be maintained and all subsequent follow-up
with the law enforcement agency and coroner or medical
examiner shall be documented in the case record of the
eligible adult. If the law enforcement agency, coroner, or
medical examiner determines the reported death was caused by
abuse, abandonment, or neglect by a caregiver, the law
enforcement agency, coroner, or medical examiner shall inform
the Department, and the Department shall report the
caregiver's identity on the Registry as described in Section
7.5 of this Act.
(d) Upon sufficient appropriations to implement a
statewide program, the Department shall implement a program,
based on the recommendations of the Self-Neglect Steering
Committee, for (i) responding to reports of possible
self-neglect, (ii) protecting the autonomy, rights, privacy,
and privileges of adults during investigations of possible
self-neglect and consequential judicial proceedings regarding
competency, (iii) collecting and sharing relevant information

HB2488 - 271 - LRB103 26308 AWJ 52668 b
and data among the Department, provider agencies, regional
administrative agencies, and relevant seniors, (iv) developing
working agreements between provider agencies and law
enforcement, where practicable, and (v) developing procedures
for collecting data regarding incidents of self-neglect.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/5) (from Ch. 23, par. 6605)
Sec. 5. Procedure.
(a) A provider agency designated to receive reports of
alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect under this Act shall, upon
receiving such a report, conduct a face-to-face assessment
with respect to such report, in accord with established law
and Department protocols, procedures, and policies.
Face-to-face assessments, casework, and follow-up of reports
of self-neglect by the provider agencies designated to receive
reports of self-neglect shall be subject to sufficient
appropriation for statewide implementation of assessments,
casework, and follow-up of reports of self-neglect. In the
absence of sufficient appropriation for statewide
implementation of assessments, casework, and follow-up of
reports of self-neglect, the designated adult protective
services provider agency shall refer all reports of
self-neglect to the appropriate agency or agencies as
designated by the Department for any follow-up. The assessment

HB2488 - 272 - LRB103 26308 AWJ 52668 b
shall include, but not be limited to, a visit to the residence
of the eligible adult who is the subject of the report and
shall include interviews or consultations regarding the
allegations with service agencies, immediate family members,
and individuals who may have knowledge of the eligible adult's
circumstances based on the consent of the eligible adult in
all instances, except where the provider agency is acting in
the best interest of an eligible adult who is unable to seek
assistance for himself or herself and where there are
allegations against a caregiver who has assumed
responsibilities in exchange for compensation. If, after the
assessment, the provider agency determines that the case is
substantiated it shall develop a service care plan for the
eligible adult and may report its findings at any time during
the case to the appropriate law enforcement agency in accord
with established law and Department protocols, procedures, and
policies. In developing a case plan, the provider agency may
consult with any other appropriate provider of services, and
such providers shall be immune from civil or criminal
liability on account of such acts. The plan shall include
alternative suggested or recommended services which are
appropriate to the needs of the eligible adult and which
involve the least restriction of the eligible adult's
activities commensurate with his or her needs. Only those
services to which consent is provided in accordance with
Section 9 of this Act shall be provided, contingent upon the

HB2488 - 273 - LRB103 26308 AWJ 52668 b
availability of such services.
(b) A provider agency shall refer evidence of crimes
against an eligible adult to the appropriate law enforcement
agency according to Department policies. A referral to law
enforcement may be made at intake or any time during the case.
Where a provider agency has reason to believe the death of an
eligible adult may be the result of abuse, abandonment, or
neglect, the agency shall immediately report the matter to the
coroner or medical examiner and shall cooperate fully with any
subsequent investigation.
(c) If any person other than the alleged victim refuses to
allow the provider agency to begin an investigation,
interferes with the provider agency's ability to conduct an
investigation, or refuses to give access to an eligible adult,
the appropriate law enforcement agency must be consulted
regarding the investigation.
(Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of abuse, abandonment, neglect, financial exploitation, or
self-neglect and all records generated as a result of such
reports shall be confidential and shall not be disclosed
except as specifically authorized by this Act or other
applicable law. In accord with established law and Department
protocols, procedures, and policies, access to such records,

HB2488 - 274 - LRB103 26308 AWJ 52668 b
but not access to the identity of the person or persons making
a report of alleged abuse, abandonment, neglect, financial
exploitation, or self-neglect as contained in such records,
shall be provided, upon request, to the following persons and
for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(1.5) A representative of the public guardian acting
in the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant
to the Probate Act of 1975;
(2) A law enforcement agency or State's Attorney's
office investigating known or suspected abuse,
abandonment, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to
believe that the death of an eligible adult may be the
result of abuse, abandonment, or neglect, including any
reports made after death, the agency shall immediately
provide the appropriate law enforcement agency with all
records pertaining to the eligible adult;
(2.5) A law enforcement agency, fire department

HB2488 - 275 - LRB103 26308 AWJ 52668 b
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, abandonment, neglect, financial
exploitation, or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, abandoned,
neglected, financially exploited, or self-neglected or who
has been referred to the Adult Protective Services
Program;
(4) An eligible adult reported to be abused,
abandoned, neglected, financially exploited, or
self-neglected, or such adult's authorized guardian or
agent, unless such guardian or agent is the abuser or the
alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding abuse, abandonment, neglect, or
financial exploitation, a court or a guardian ad litem,
upon its or his or her finding that access to such records
may be necessary for the determination of an issue before

HB2488 - 276 - LRB103 26308 AWJ 52668 b
the court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access
to such records is necessary in the conduct of its
official business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, abandonment, neglect, financial exploitation, or
self-neglect. The provider agency shall immediately
provide the coroner or medical examiner with all records
pertaining to the eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
abandonment, neglect, financial exploitation, or
self-neglect;

HB2488 - 277 - LRB103 26308 AWJ 52668 b
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff and provider agency staff when that Department is
funding services to the eligible adult, including access
to the identity of the eligible adult;
(9-b) Department of Human Services staff and provider
agency staff when that Department is funding services to
the eligible adult or is providing reimbursement for
services provided by the abuser or alleged abuser,
including access to the identity of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in
the abuse report and the substantiation decision in the
final investigative report; and
(12) The Illinois Guardianship and Advocacy Commission

HB2488 - 278 - LRB103 26308 AWJ 52668 b
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Act shall have access, through
the Department, to records, including the findings,
pertaining to a completed or closed investigation of a
report of suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect of an eligible adult.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/15)
Sec. 15. Fatality review teams.
(a) State policy.
(1) Both the State and the community maintain a
commitment to preventing the abuse, abandonment, neglect,
and financial exploitation of at-risk adults. This
includes a charge to bring perpetrators of crimes against
at-risk adults to justice and prevent untimely deaths in
the community.
(2) When an at-risk adult dies, the response to the
death by the community, law enforcement, and the State
must include an accurate and complete determination of the
cause of death, and the development and implementation of
measures to prevent future deaths from similar causes.
(3) Multidisciplinary and multi-agency reviews of
deaths can assist the State and counties in developing a
greater understanding of the incidence and causes of

HB2488 - 279 - LRB103 26308 AWJ 52668 b
premature deaths and the methods for preventing those
deaths, improving methods for investigating deaths, and
identifying gaps in services to at-risk adults.
(4) Access to information regarding the deceased
person and his or her family by multidisciplinary and
multi-agency fatality review teams is necessary in order
to fulfill their purposes and duties.
(a-5) Definitions. As used in this Section:
"Advisory Council" means the Illinois Fatality Review
Team Advisory Council.
"Review Team" means a regional interagency fatality
review team.
(b) The Director, in consultation with the Advisory
Council, law enforcement, and other professionals who work in
the fields of investigating, treating, or preventing abuse,
abandonment, or neglect of at-risk adults, shall appoint
members to a minimum of one review team in each of the
Department's planning and service areas. Each member of a
review team shall be appointed for a 2-year term and shall be
eligible for reappointment upon the expiration of the term. A
review team's purpose in conducting review of at-risk adult
deaths is: (i) to assist local agencies in identifying and
reviewing suspicious deaths of adult victims of alleged,
suspected, or substantiated abuse, abandonment, or neglect in
domestic living situations; (ii) to facilitate communications
between officials responsible for autopsies and inquests and

HB2488 - 280 - LRB103 26308 AWJ 52668 b
persons involved in reporting or investigating alleged or
suspected cases of abuse, abandonment, neglect, or financial
exploitation of at-risk adults and persons involved in
providing services to at-risk adults; (iii) to evaluate means
by which the death might have been prevented; and (iv) to
report its findings to the appropriate agencies and the
Advisory Council and make recommendations that may help to
reduce the number of at-risk adult deaths caused by abuse,
abandonment, and neglect and that may help to improve the
investigations of deaths of at-risk adults and increase
prosecutions, if appropriate.
(b-5) Each such team shall be composed of representatives
of entities and individuals including, but not limited to:
(1) the Department on Aging;
(2) coroners or medical examiners (or both);
(3) State's Attorneys;
(4) local police departments;
(5) forensic units;
(6) local health departments;
(7) a social service or health care agency that
provides services to persons with mental illness, in a
program whose accreditation to provide such services is
recognized by the Division of Mental Health within the
Department of Human Services;
(8) a social service or health care agency that
provides services to persons with developmental

HB2488 - 281 - LRB103 26308 AWJ 52668 b
disabilities, in a program whose accreditation to provide
such services is recognized by the Division of
Developmental Disabilities within the Department of Human
Services;
(9) a local hospital, trauma center, or provider of
emergency medicine;
(10) providers of services for eligible adults in
domestic living situations; and
(11) a physician, psychiatrist, or other health care
provider knowledgeable about abuse, abandonment, and
neglect of at-risk adults.
(c) A review team shall review cases of deaths of at-risk
adults occurring in its planning and service area (i)
involving blunt force trauma or an undetermined manner or
suspicious cause of death; (ii) if requested by the deceased's
attending physician or an emergency room physician; (iii) upon
referral by a health care provider; (iv) upon referral by a
coroner or medical examiner; (v) constituting an open or
closed case from an adult protective services agency, law
enforcement agency, State's Attorney's office, or the
Department of Human Services' Office of the Inspector General
that involves alleged or suspected abuse, abandonment,
neglect, or financial exploitation; or (vi) upon referral by a
law enforcement agency or State's Attorney's office. If such a
death occurs in a planning and service area where a review team
has not yet been established, the Director shall request that

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the Advisory Council or another review team review that death.
A team may also review deaths of at-risk adults if the alleged
abuse, abandonment, or neglect occurred while the person was
residing in a domestic living situation.
A review team shall meet not less than 4 times a year to
discuss cases for its possible review. Each review team, with
the advice and consent of the Department, shall establish
criteria to be used in discussing cases of alleged, suspected,
or substantiated abuse, abandonment, or neglect for review and
shall conduct its activities in accordance with any applicable
policies and procedures established by the Department.
(c-5) The Illinois Fatality Review Team Advisory Council,
consisting of one member from each review team in Illinois,
shall be the coordinating and oversight body for review teams
and activities in Illinois. The Director may appoint to the
Advisory Council any ex-officio members deemed necessary.
Persons with expertise needed by the Advisory Council may be
invited to meetings. The Advisory Council must select from its
members a chairperson and a vice-chairperson, each to serve a
2-year term. The chairperson or vice-chairperson may be
selected to serve additional, subsequent terms. The Advisory
Council must meet at least 4 times during each calendar year.
The Department may provide or arrange for the staff
support necessary for the Advisory Council to carry out its
duties. The Director, in cooperation and consultation with the
Advisory Council, shall appoint, reappoint, and remove review

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team members.
The Advisory Council has, but is not limited to, the
following duties:
(1) To serve as the voice of review teams in Illinois.
(2) To oversee the review teams in order to ensure
that the review teams' work is coordinated and in
compliance with State statutes and the operating protocol.
(3) To ensure that the data, results, findings, and
recommendations of the review teams are adequately used in
a timely manner to make any necessary changes to the
policies, procedures, and State statutes in order to
protect at-risk adults.
(4) To collaborate with the Department in order to
develop any legislation needed to prevent unnecessary
deaths of at-risk adults.
(5) To ensure that the review teams' review processes
are standardized in order to convey data, findings, and
recommendations in a usable format.
(6) To serve as a link with review teams throughout
the country and to participate in national review team
activities.
(7) To provide the review teams with the most current
information and practices concerning at-risk adult death
review and related topics.
(8) To perform any other functions necessary to
enhance the capability of the review teams to reduce and

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prevent at-risk adult fatalities.
The Advisory Council may prepare an annual report, in
consultation with the Department, using aggregate data
gathered by review teams and using the review teams'
recommendations to develop education, prevention, prosecution,
or other strategies designed to improve the coordination of
services for at-risk adults and their families.
In any instance where a review team does not operate in
accordance with established protocol, the Director, in
consultation and cooperation with the Advisory Council, must
take any necessary actions to bring the review team into
compliance with the protocol.
(d) Any document or oral or written communication shared
within or produced by the review team relating to a case
discussed or reviewed by the review team is confidential and
is not admissible as evidence in any civil or criminal
proceeding, except for use by a State's Attorney's office in
prosecuting a criminal case against a caregiver. Those records
and information are, however, subject to discovery or
subpoena, and are admissible as evidence, to the extent they
are otherwise available to the public.
Any document or oral or written communication provided to
a review team by an individual or entity, and created by that
individual or entity solely for the use of the review team, is
confidential, is not subject to disclosure to or discoverable
by another party, and is not admissible as evidence in any

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civil or criminal proceeding, except for use by a State's
Attorney's office in prosecuting a criminal case against a
caregiver. Those records and information are, however, subject
to discovery or subpoena, and are admissible as evidence, to
the extent they are otherwise available to the public.
Each entity or individual represented on the fatality
review team may share with other members of the team
information in the entity's or individual's possession
concerning the decedent who is the subject of the review or
concerning any person who was in contact with the decedent, as
well as any other information deemed by the entity or
individual to be pertinent to the review. Any such information
shared by an entity or individual with other members of the
review team is confidential. The intent of this paragraph is
to permit the disclosure to members of the review team of any
information deemed confidential or privileged or prohibited
from disclosure by any other provision of law. Release of
confidential communication between domestic violence advocates
and a domestic violence victim shall follow subsection (d) of
Section 227 of the Illinois Domestic Violence Act of 1986
which allows for the waiver of privilege afforded to
guardians, executors, or administrators of the estate of the
domestic violence victim. This provision relating to the
release of confidential communication between domestic
violence advocates and a domestic violence victim shall
exclude adult protective service providers.

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A coroner's or medical examiner's office may share with
the review team medical records that have been made available
to the coroner's or medical examiner's office in connection
with that office's investigation of a death.
Members of a review team and the Advisory Council are not
subject to examination, in any civil or criminal proceeding,
concerning information presented to members of the review team
or the Advisory Council or opinions formed by members of the
review team or the Advisory Council based on that information.
A person may, however, be examined concerning information
provided to a review team or the Advisory Council.
(d-5) Meetings of the review teams and the Advisory
Council may be closed to the public under the Open Meetings
Act. Records and information provided to a review team and the
Advisory Council, and records maintained by a team or the
Advisory Council, are exempt from release under the Freedom of
Information Act.
(e) A review team's recommendation in relation to a case
discussed or reviewed by the review team, including, but not
limited to, a recommendation concerning an investigation or
prosecution, may be disclosed by the review team upon the
completion of its review and at the discretion of a majority of
its members who reviewed the case.
(e-5) The State shall indemnify and hold harmless members
of a review team and the Advisory Council for all their acts,
omissions, decisions, or other conduct arising out of the

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scope of their service on the review team or Advisory Council,
except those involving willful or wanton misconduct. The
method of providing indemnification shall be as provided in
the State Employee Indemnification Act.
(f) The Department, in consultation with coroners, medical
examiners, and law enforcement agencies, shall use aggregate
data gathered by and recommendations from the Advisory Council
and the review teams to create an annual report and may use
those data and recommendations to develop education,
prevention, prosecution, or other strategies designed to
improve the coordination of services for at-risk adults and
their families. The Department or other State or county
agency, in consultation with coroners, medical examiners, and
law enforcement agencies, also may use aggregate data gathered
by the review teams to create a database of at-risk
individuals.
(g) The Department shall adopt such rules and regulations
as it deems necessary to implement this Section.
(Source: P.A. 102-244, eff. 1-1-22.)
Section 170. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4 and 4.1 as follows:
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report.

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(a) The following persons are required to immediately
report to the Department when they have reasonable cause to
believe that a child known to them in their professional or
official capacities may be an abused child or a neglected
child:
(1) Medical personnel, including any: physician
licensed to practice medicine in any of its branches
(medical doctor or doctor of osteopathy); resident;
intern; medical administrator or personnel engaged in the
examination, care, and treatment of persons; psychiatrist;
surgeon; dentist; dental hygienist; chiropractic
physician; podiatric physician; physician assistant;
emergency medical technician; physical therapist; physical
therapy assistant; occupational therapist; occupational
therapy assistant; acupuncturist; registered nurse;
licensed practical nurse; advanced practice registered
nurse; genetic counselor; respiratory care practitioner;
home health aide; or certified nursing assistant.
(2) Social services and mental health personnel,
including any: licensed professional counselor; licensed
clinical professional counselor; licensed social worker;
licensed clinical social worker; licensed psychologist or
assistant working under the direct supervision of a
psychologist; associate licensed marriage and family
therapist; licensed marriage and family therapist; field
personnel of the Departments of Healthcare and Family

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Services, Public Health, Human Services, Human Rights, or
Children and Family Services; supervisor or administrator
of the General Assistance program established under
Article VI of the Illinois Public Aid Code; social
services administrator; or substance abuse treatment
personnel.
(3) Crisis intervention personnel, including any:
crisis line or hotline personnel; or domestic violence
program personnel.
(4) Education personnel, including any: school
personnel (including administrators and certified and
non-certified school employees); personnel of institutions
of higher education; educational advocate assigned to a
child in accordance with the School Code; member of a
school board or the Chicago Board of Education or the
governing body of a private school (but only to the extent
required under subsection (d)); or truant officer.
(5) Recreation or athletic program or facility
personnel; or an athletic trainer.
(6) Child care personnel, including any: early
intervention provider as defined in the Early Intervention
Services System Act; director or staff assistant of a
nursery school or a child day care center; or foster
parent, homemaker, or child care worker.
(7) Law enforcement personnel, including any: law
enforcement officer; field personnel of the Department of

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Juvenile Justice; field personnel of the Department of
Corrections; probation officer; or animal control officer
or field investigator of the Department of Agriculture's
Bureau of Animal Health and Welfare.
(8) Any funeral home director; funeral home director
and embalmer; funeral home employee; coroner; or medical
examiner.
(9) Any member of the clergy.
(10) Any physician, physician assistant, registered
nurse, licensed practical nurse, medical technician,
certified nursing assistant, licensed social worker,
licensed clinical social worker, or licensed professional
counselor of any office, clinic, licensed behavior
analyst, licensed assistant behavior analyst, or any other
physical location that provides abortions, abortion
referrals, or contraceptives.
(b) When 2 or more persons who work within the same
workplace and are required to report under this Act share a
reasonable cause to believe that a child may be an abused or
neglected child, one of those reporters may be designated to
make a single report. The report shall include the names and
contact information for the other mandated reporters sharing
the reasonable cause to believe that a child may be an abused
or neglected child. The designated reporter must provide
written confirmation of the report to those mandated reporters
within 48 hours. If confirmation is not provided, those

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mandated reporters are individually responsible for
immediately ensuring a report is made. Nothing in this Section
precludes or may be used to preclude any person from reporting
child abuse or child neglect.
(c)(1) As used in this Section, "a child known to them in
their professional or official capacities" means:
(A) the mandated reporter comes into contact with the
child in the course of the reporter's employment or
practice of a profession, or through a regularly scheduled
program, activity, or service;
(B) the mandated reporter is affiliated with an
agency, institution, organization, school, school
district, regularly established church or religious
organization, or other entity that is directly responsible
for the care, supervision, guidance, or training of the
child; or
(C) a person makes a specific disclosure to the
mandated reporter that an identifiable child is the victim
of child abuse or child neglect, and the disclosure
happens while the mandated reporter is engaged in his or
her employment or practice of a profession, or in a
regularly scheduled program, activity, or service.
(2) Nothing in this Section requires a child to come
before the mandated reporter in order for the reporter to make
a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member

HB2488 - 292 - LRB103 26308 AWJ 52668 b
during the course of an open or closed school board meeting
that a child who is enrolled in the school district of which he
or she is a board member is an abused child as defined in
Section 3 of this Act, the member shall direct or cause the
school board to direct the superintendent of the school
district or other equivalent school administrator to comply
with the requirements of this Act concerning the reporting of
child abuse. For purposes of this paragraph, a school board
member is granted the authority in his or her individual
capacity to direct the superintendent of the school district
or other equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the
requesting school district the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as

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required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not
been informed by the Department that the allegations were
unfounded. An employee of a school district who is or has been
the subject of a report made pursuant to this Act during his or
her employment with the school district must be informed by
that school district that if he or she applies for employment
with another school district, the general superintendent of
the former school district, upon the request of the school
district to which the employee applies, shall notify that
requesting school district that the employee is or was the
subject of such a report.
(e) Whenever such person is required to report under this
Act in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report
immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent that such report has been made. Under no

HB2488 - 294 - LRB103 26308 AWJ 52668 b
circumstances shall any person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated
agent to whom such notification has been made, exercise any
control, restraint, modification or other change in the report
or the forwarding of such report to the Department.
(f) In addition to the persons required to report
suspected cases of child abuse or child neglect under this
Section, any other person may make a report if such person has
reasonable cause to believe a child may be an abused child or a
neglected child.
(g) The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act or constitute
grounds for failure to share information or documents with the
Department during the course of a child abuse or neglect
investigation. If requested by the professional, the
Department shall confirm in writing that the information or
documents disclosed by the professional were gathered in the
course of a child abuse or neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within
the meaning of Rule 1.6 of the Illinois Rules of Professional

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Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
(h) Any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child.
(i) Any person who enters into employment on and after
July 1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of this Act. On and after January 1, 2019, the statement shall
also include information about available mandated reporter
training provided by the Department. The statement shall be
signed prior to commencement of the employment. The signed

HB2488 - 296 - LRB103 26308 AWJ 52668 b
statement shall be retained by the employer. The cost of
printing, distribution, and filing of the statement shall be
borne by the employer.
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training, including a section on
implicit bias, within 3 months of their date of engagement in a
professional or official capacity as a mandated reporter, or
within the time frame of any other applicable State law that
governs training requirements for a specific profession, and
at least every 3 years thereafter. The initial requirement
only applies to the first time they engage in their
professional or official capacity. In lieu of training every 3
years, medical personnel, as listed in paragraph (1) of
subsection (a), must meet the requirements described in
subsection (k).
The mandated reporter trainings shall be in-person or
web-based, and shall include, at a minimum, information on the
following topics: (i) indicators for recognizing child abuse
and child neglect, as defined under this Act; (ii) the process
for reporting suspected child abuse and child neglect in
Illinois as required by this Act and the required
documentation; (iii) responding to a child in a
trauma-informed manner; and (iv) understanding the response of
child protective services and the role of the reporter after a
call has been made. Child-serving organizations are encouraged

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to provide in-person annual trainings.
The implicit bias section shall be in-person or web-based,
and shall include, at a minimum, information on the following
topics: (i) implicit bias and (ii) racial and ethnic
sensitivity. As used in this subsection, "implicit bias" means
the attitudes or internalized stereotypes that affect people's
perceptions, actions, and decisions in an unconscious manner
and that exist and often contribute to unequal treatment of
people based on race, ethnicity, gender identity, sexual
orientation, age, disability, and other characteristics. The
implicit bias section shall provide tools to adjust automatic
patterns of thinking and ultimately eliminate discriminatory
behaviors. During these trainings mandated reporters shall
complete the following: (1) a pretest to assess baseline
implicit bias levels; (2) an implicit bias training task; and
(3) a posttest to reevaluate bias levels after training. The
implicit bias curriculum for mandated reporters shall be
developed within one year after January 1, 2022 (the effective
date of Public Act 102-604) this amendatory Act of the 102nd
General Assembly and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of implicit bias, youth and adolescent developmental
issues, prevention of child abuse, exploitation, and neglect,
culturally diverse family systems, and the child welfare
system.
The mandated reporter training, including a section on

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implicit bias, shall be provided through the Department,
through an entity authorized to provide continuing education
for professionals licensed through the Department of Financial
and Professional Regulation, the State Board of Education, the
Illinois Law Enforcement Training Standards Board, or the
Department of State Police, or through an organization
approved by the Department to provide mandated reporter
training, including a section on implicit bias. The Department
must make available a free web-based training for reporters.
Each mandated reporter shall report to his or her employer
and, when applicable, to his or her licensing or certification
board that he or she received the mandated reporter training.
The mandated reporter shall maintain records of completion.
Beginning January 1, 2021, if a mandated reporter receives
licensure from the Department of Financial and Professional
Regulation or the State Board of Education, and his or her
profession has continuing education requirements, the training
mandated under this Section shall count toward meeting the
licensee's required continuing education hours.
(k)(1) Medical personnel, as listed in paragraph (1) of
subsection (a), who work with children in their professional
or official capacity, must complete mandated reporter training
at least every 6 years. Such medical personnel, if licensed,
must attest at each time of licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for

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making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made.
(2) In lieu of repeated training, medical personnel, as
listed in paragraph (1) of subsection (a), who do not work with
children in their professional or official capacity, may
instead attest each time at licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made. Nothing in this paragraph precludes
medical personnel from completing mandated reporter training
and receiving continuing education credits for that training.
(l) The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
(m) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent

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violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the
purpose of protecting or insulating any person or entity from
arrest or prosecution, the person is guilty of a Class 4 felony
for a first offense and a Class 3 felony for a second or
subsequent offense (regardless of whether the second or
subsequent offense involves any of the same facts or persons
as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good
faith selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care may
be considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
(o) A child shall not be considered neglected or abused
solely because the child is not attending school in accordance
with the requirements of Article 26 of the School Code, as
amended.
(p) Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or
neglected in violation of the Humane Care for Animals Act from
reporting animal abuse or neglect to the Department of

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Agriculture's Bureau of Animal Health and Welfare.
(q) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(r) For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised
12-14-22.)
(325 ILCS 5/4.1) (from Ch. 23, par. 2054.1)
Sec. 4.1. Any person required to report under this Act who
has reasonable cause to suspect that a child has died as a
result of abuse or neglect shall also immediately report his
suspicion to the appropriate medical examiner or coroner. Any
other person who has reasonable cause to believe that a child
has died as a result of abuse or neglect may report his
suspicion to the appropriate medical examiner or coroner. The
medical examiner or coroner shall investigate the report and
communicate his apparent gross findings, orally, immediately
upon completion of the gross autopsy, but in all cases within
72 hours and within 21 days in writing, to the local law

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enforcement agency, the appropriate State's attorney, the
Department and, if the institution making the report is a
hospital, the hospital. The child protective investigator
assigned to the death investigation shall have the right to
require a copy of the completed autopsy report from the
coroner or medical examiner.
(Source: P.A. 85-193.)
Section 175. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.9, 11.1, and 11.9 as
follows:
(325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
Sec. 7.9. The Department shall prepare, print, and
distribute initial, preliminary, and final reporting forms to
each Child Protective Service Unit. Initial written reports
from the reporting source shall contain the following
information to the extent known at the time the report is made:
(1) the names and addresses of the child and his parents or
other persons responsible for his welfare; (1.5) the name and
address of the school that the child attends (or the school
that the child last attended, if the report is written during
the summer when school is not in session), and the name of the
school district in which the school is located, if applicable;
(2) the child's age, sex, and race; (3) the nature and extent
of the child's abuse or neglect, including any evidence of

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prior injuries, abuse, or neglect of the child or his
siblings; (4) the names of the persons apparently responsible
for the abuse or neglect; (5) family composition, including
names, ages, sexes, and races of other children in the home;
(6) the name of the person making the report, his occupation,
and where he can be reached; (7) the actions taken by the
reporting source, including the taking of photographs and
x-rays, placing the child in temporary protective custody, or
notifying the medical examiner or coroner; and (8) any other
information the person making the report believes might be
helpful in the furtherance of the purposes of this Act.
(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.)
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.

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(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Illinois State Police when administering the
provisions of the Intergovernmental Missing Child Recovery
Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act to
place a child in temporary protective custody when such
person requires the information in the report or record to
determine whether to place the child in temporary
protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such

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records may be necessary for the determination of an issue
before such court; however, such access shall be limited
to in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of 1987.
(9) A grand jury, upon its determination that access
to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason to

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believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services
(as successor to the Department of Alcoholism and
Substance Abuse) in which children reside when a current
or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect report,
pursuant to Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall not
be disclosed, except as specifically authorized by this
Act or other applicable law. It is a Class A misdemeanor to
permit, assist or encourage the unauthorized release of
any information contained in such reports or records.
Nothing contained in this Section prevents the sharing of
reports or records relating or pertaining to the death of
a minor under the care of or receiving services from the
Department of Children and Family Services and under the

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jurisdiction of the juvenile court with the juvenile
court, the State's Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities.
(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is the subject of a report or records under this
Act; or the person appointed, under Section 5-610 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is in the custody or guardianship of the
Department or who has an open intact family services case
with the Department and who is the subject of a report or
records made pursuant to this Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early
intervention services pursuant to that Act, for the
purpose of determining whether a current or prospective
employee who provides or may provide direct services under

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that Act is the perpetrator in an indicated report of
child abuse or neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(c) To the extent that persons or agencies are given
access to information pursuant to this Section, those persons
or agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
(325 ILCS 5/11.9)
Sec. 11.9. Child Death Investigation Task Force;
establishment.
(a) The Department of Children and Family Services shall,
from funds appropriated by the General Assembly to the
Department for this purpose, or from funds that may otherwise
be provided for this purpose from other public or private
sources, establish a Child Death Investigation Task Force to
operate in the Southern Region of the State and in other
regions at the discretion of the Director of the Department.
The Child Death Investigation Task Force shall develop and

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implement a plan for the investigation of sudden, unexpected,
or unexplained child fatalities or near fatalities of children
under 18 years of age occurring within that region, as may be
further defined in Department rule and procedure. The plan
must include provisions for local or State law enforcement
agencies, the Department, hospitals, and medical examiners
coroners to promptly notify the Task Force of a sudden,
unexpected, or unexplained child fatality or near fatality of
a child, and for the Task Force to review and investigate the
notification. The investigation shall include coordination
among members of a multidisciplinary team, including local or
State law enforcement agencies, the Department, hospitals,
medical examiners coroners, the appropriate State's Attorney's
Office, and the appropriate children's advocacy center. The
plan must also include provisions for training members of each
multidisciplinary team on the various components of the
investigation of fatalities or near fatalities of children.
The Task Force shall maintain case tracking and related case
information for activations. Information shall be shared and
reviewed by the Task Force's Board of Directors. The plan must
be submitted in writing and approved by the Board of
Directors.
(b) The Child Death Investigation Task Force shall be
governed by a Board of Directors composed of, but not limited
to, an approved representative from each of the following
agencies or groups: the Department of Children and Family

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Services, the Southern Illinois Police Chiefs' Association,
the Illinois Coroners and Medical Examiners Association, the
Illinois State's Attorneys Association, the Illinois Sheriffs'
Association, the Illinois State Police, the Child Advocacy
Centers of Illinois, and the Illinois Law Enforcement Training
Standards Board. The Board of Directors shall have the
authority to organize itself and adopt bylaws and to appoint,
assign, and elect members and leaders, and shall determine the
voting rights of its members. The Board of Directors shall
determine all major policies and establish all necessary
principles and procedures of the Task Force. The Board of
Directors shall meet 4 times a year or as called for in the
bylaws of the organization.
(c) The State shall indemnify and hold harmless members of
the Child Death Investigation Task Force and the Board of
Directors for all their acts, omissions, decisions, or other
conduct arising out of the scope of their service on the Task
Force or Board, except those involving willful or wanton
misconduct. The method of providing indemnification shall be
as provided in the State Employee Indemnification Act.
(Source: P.A. 100-733, eff. 1-1-19.)
Section 180. The Mental Health and Developmental
Disabilities Code is amended by changing Section 5-100 as
follows:

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(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100. Written notice of the death of a recipient of
services which occurs at a mental health or developmental
disabilities facility, or the death of a recipient of services
who has not been discharged from a mental health or
developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be
mailed to the Department of Public Health which, for the
primary purpose of monitoring patterns of abuse and neglect of
recipients of services, shall make such notices available to
the Guardianship and Advocacy Commission and to the agency
designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending Acts
therein named", approved September 20, 1985. Such notice shall
include the name of the recipient, the name and address of the
facility at which the death occurred, the recipient's age, the
nature of the recipient's condition, including any evidence of
the previous injuries or disabilities, or relevant medical
conditions or any other information which might be helpful in
establishing the cause of death.
Written notice of the death of a recipient of services who
was admitted by court order, and the cause thereof shall, in
all cases, be mailed by the facility director to the court
entering the original admission order, and if possible, to the
same judge, and the time, place and alleged cause of such death

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shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any
recipient of services at any public or private facility, a
medical examiner's coroner's inquest shall be held as provided
by law in other cases.
In cases where the deceased person was a recipient or
client of any state facility, and the fees for holding an
inquest cannot be collected out of his estate, such fees shall
be paid by the Department.
(Source: P.A. 88-380.)
Section 185. The Developmental Disability and Mental
Health Safety Act is amended by changing Sections 15 and 20 as
follows:
(405 ILCS 82/15)
Sec. 15. Mortality Review Process.
(a) The Department of Human Services shall develop an
independent team of experts from the academic, private, and
public sectors to examine all deaths at facilities and
community agencies.
(b) The Secretary of Human Services, in consultation with
the Director of Public Health, shall appoint members to the
independent team of experts, which shall consist of at least
one member from each of the following categories:

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1. Physicians experienced in providing medical care to
individuals with developmental disabilities.
2. Physicians experienced in providing medical care to
individuals with mental illness.
3. Registered nurses experienced in providing medical
care to individuals with developmental disabilities.
4. Registered nurses experienced in providing medical
care to individuals with mental illness.
5. Psychiatrists.
6. Psychologists.
7. Representatives of the Department of Human Services
who are not employed at the facility at which the death
occurred.
8. Representatives of the Department of Public Health.
9. Representatives of the agency designated by the
Governor pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Act.
10. State's Attorneys or State's Attorneys'
representatives.
11. Medical examiners Coroners or forensic
pathologists.
12. Representatives of local hospitals, trauma
centers, or providers of emergency medical services.
13. Other categories of persons, as the Secretary of
Human Services may see fit.
The independent team of experts may make recommendations

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to the Secretary of Human Services concerning additional
appointments. Each team member must have demonstrated
experience and an interest in investigating, treating, or
preventing the deaths of individuals with disabilities. The
Secretary of Human Services shall appoint additional teams if
the Secretary or the existing team determines that more teams
are necessary to accomplish the purposes of this Act. The
members of a team shall be appointed for 2-year staggered
terms and shall be eligible for reappointment upon the
expiration of their terms. Each independent team shall select
a Chairperson from among its members.
(c) The independent team of experts shall examine the
deaths of all individuals who have died while under the care of
a facility or community agency.
(d) The purpose of the independent team of experts'
examination of such deaths is to do the following:
1. Review the cause and manner of the individual's
death.
2. Review all actions taken by the facility, State
agencies, or other entities to address the cause or causes
of death and the adequacy of medical care and treatment.
3. Evaluate the means, if any, by which the death
might have been prevented.
4. Report its observations and conclusions to the
Secretary of Human Services and make recommendations that
may help to reduce the number of unnecessary deaths.

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5. Promote continuing education for professionals
involved in investigating and preventing the unnecessary
deaths of individuals under the care of a facility or
community agency.
6. Make specific recommendations to the Secretary of
Human Services concerning the prevention of unnecessary
deaths of individuals under the care of facilities and
community agencies, including changes in policies and
practices that will prevent harm to individuals with
disabilities, and the establishment of protocols for
investigating the deaths of these individuals.
(e) The independent team of experts must examine the cases
submitted to it on a quarterly basis. The team shall meet at
least once in each calendar quarter if there are cases to be
examined. The Department of Human Services shall forward cases
within 90 days after completion of a review or an
investigation into the death of an individual residing at a
facility or community agency.
(f) Within 90 days after receiving recommendations made by
the independent team of experts under subsection (d) of this
Section, the Secretary of Human Services must review those
recommendations, as feasible and appropriate, and shall
respond to the team in writing to explain the implementation
of those recommendations.
(g) The Secretary of Human Services shall establish
protocols governing the operation of the independent team.

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Those protocols shall include the creation of sub-teams to
review the case records or portions of the case records and
report to the full team. The members of a sub-team shall be
composed of team members specially qualified to examine those
records. In any instance in which the independent team does
not operate in accordance with established protocol, the
Secretary of Human Services shall take any necessary actions
to bring the team into compliance with the protocol.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 82/20)
Sec. 20. Independent team of experts' access to
information.
(a) The Secretary of Human Services shall provide to the
independent team of experts, on the request of the team
Chairperson, all records and information in the Department's
possession that are relevant to the team's examination of a
death of the sort described in subsection (c) of Section 10,
including records and information concerning previous reports
or investigations of any matter, as determined by the team.
(b) The independent team shall have access to all records
and information that are relevant to its review of a death and
in the possession of a State or local governmental agency or
other entity. These records and information shall include,
without limitation, death certificates, all relevant medical
and mental health records, records of law enforcement agency

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investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections and
Department of Juvenile Justice concerning a person's parole,
aftercare release, records of a probation and court services
department, and records of a social services agency that
provided services to the person who died.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 190. The Crematory Regulation Act is amended by
changing Sections 35 and 94 as follows:
(410 ILCS 18/35)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35. Cremation procedures.
(a) Human remains shall not be cremated within 24 hours
after the time of death, as indicated on the Medical
Examiner's Medical Examiner's/Coroner's Certificate of Death.
In any death, the human remains shall not be cremated by the
crematory authority until a cremation permit has been received
from the coroner or medical examiner of the county in which the
death occurred and the crematory authority has received a
cremation authorization form, executed by an authorizing
agent, in accordance with the provisions of Section 15 of this
Act. In no instance, however, shall the lapse of time between
the death and the cremation be less than 24 hours, unless (i)
it is known the deceased has an infectious or dangerous

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disease and that the time requirement is waived in writing by
the medical examiner or coroner where the death occurred or
(ii) because of a religious requirement.
(b) Except as set forth in subsection (a) of this Section,
a crematory authority shall have the right to schedule the
actual cremation to be performed at its own convenience, at
any time after the human remains have been delivered to the
crematory authority, unless the crematory authority has
received specific instructions to the contrary on the
cremation authorization form.
(c) No crematory authority shall cremate human remains
when it has actual knowledge that human remains contain a
pacemaker or any other material or implant that may be
potentially hazardous to the person performing the cremation.
(d) No crematory authority shall refuse to accept human
remains for cremation because such human remains are not
embalmed.
(e) Whenever a crematory authority is unable or
unauthorized to cremate human remains immediately upon taking
custody of the remains, the crematory authority shall place
the human remains in a holding facility in accordance with the
crematory authority's rules and regulations. The crematory
authority must notify the authorizing agent of the reasons for
delay in cremation if a properly authorized cremation is not
performed within any time period expressly contemplated in the
authorization.

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(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the
leakage of body fluids.
(g) The casket or the alternative container shall be
cremated with the human remains or destroyed, unless the
crematory authority has notified the authorizing agent to the
contrary on the cremation authorization form and obtained the
written consent of the authorizing agent.
(h) The simultaneous cremation of the human remains of
more than one person within the same cremation chamber,
without the prior written consent of the authorizing agent, is
prohibited except for common cremation pursuant to Section
11.4 of the Hospital Licensing Act. Nothing in this
subsection, however, shall prevent the simultaneous cremation
within the same cremation chamber of body parts delivered to
the crematory authority from multiple sources, or the use of
cremation equipment that contains more than one cremation
chamber.
(i) No unauthorized person shall be permitted in the
holding facility or cremation room while any human remains are
being held there awaiting cremation, being cremated, or being
removed from the cremation chamber.
(j) A crematory authority shall not remove any dental
gold, body parts, organs, or any item of value prior to or
subsequent to a cremation without previously having received
specific written authorization from the authorizing agent and

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written instructions for the delivery of these items to the
authorizing agent. Under no circumstances shall a crematory
authority profit from making or assisting in any removal of
valuables.
(k) Upon the completion of each cremation, and insofar as
is practicable, all of the recoverable residue of the
cremation process shall be removed from the cremation chamber.
(l) If all of the recovered cremated remains will not fit
within the receptacle that has been selected, the remainder of
the cremated remains shall be returned to the authorizing
agent or the agent's designee in a separate container. The
crematory authority shall not return to an authorizing agent
or the agent's designee more or less cremated remains than
were removed from the cremation chamber.
(m) A crematory authority shall not knowingly represent to
an authorizing agent or the agent's designee that a temporary
container or urn contains the cremated remains of a specific
decedent when it does not.
(n) Cremated remains shall be shipped only by a method
that has an internal tracing system available and that
provides a receipt signed, in either paper or electronic
format, by the person accepting delivery.
(o) A crematory authority shall maintain an identification
system that shall ensure that it shall be able to identify the
human remains in its possession throughout all phases of the
cremation process.

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(Source: P.A. 102-824, eff. 1-1-23.)
(410 ILCS 18/94)
(Section scheduled to be repealed on January 1, 2024)
Sec. 94. Summary suspension of a license. The Comptroller
may summarily suspend a license of a licensed crematory
without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in this Act, if the
Comptroller finds that evidence in the Comptroller's
possession indicates that the licensee's continued practice
would constitute an imminent danger to the public. In the
event that the Comptroller summarily suspends the license of a
licensed crematory without a hearing, a hearing must be
commenced within 30 days after the suspension has occurred and
concluded as expeditiously as practical. In the event of a
summary suspension, the county coroner or medical examiner
responsible for the area where the crematory is located shall
make arrangements to dispose of any bodies in the suspended
licensee's possession after consulting with the authorizing
agents for those bodies.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
Section 195. The Toxicological Laboratory Service Act is
amended by changing Section 1 as follows:
(410 ILCS 60/1) (from Ch. 111 1/2, par. 201)

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Sec. 1. The Department of Public Health is authorized to
establish and operate a toxicological laboratory service for
the purpose of testing specimens submitted by medical
examiners coroners, physicians and law enforcement officers in
their efforts to determine whether poisonous, biologically
infectious or radioactive substances have been involved in
deaths, accidents, or illness; providing technical assistance
and advice on the safe handling of such specimens; and for the
further purpose of testing samples of water, air, and other
substances to determine the radioactive or chemical
ingredients of pollutants or industrial wastes which are or
may be emptied into, or found in the streams, waters and
atmosphere of this State, and for similar purposes.
(Source: P.A. 86-853.)
Section 200. The Autopsy Act is amended by changing
Section 5 as follows:
(410 ILCS 505/5) (from Ch. 31, par. 45)
Sec. 5. Nothing in this Act shall be construed to
contravene or supersede the provisions of Division 3-3 of the
Counties Code "An Act to revise the law in relation to
coroners", approved February 6, 1874, as amended.
(Source: Laws 1965, p. 2996.)
Section 205. The Cadaver Act is amended by changing

HB2488 - 323 - LRB103 26308 AWJ 52668 b
Section 1 as follows:
(410 ILCS 510/1) (from Ch. 144, par. 1551)
Sec. 1. Superintendents of penitentiaries, houses of
correction and bridewells, hospitals, state charitable
institutions and county homes, medical examiners coroners,
sheriffs, jailors, funeral directors and all other state,
county, town and city officers, in whose custody is the body of
any deceased person, required to be buried at public expense,
shall, in the absence of disposition of such body, or any part
thereof by will or other written instrument, give permission
to any physician or surgeon licensed in Illinois, or to any
medical college or school, or other institution of higher
science education or school of mortuary science, public or
private, of any city, town or county, upon his or their receipt
in writing and request therefor, to receive and remove free of
public charge or expense, after having given proper notice to
relatives or guardians of the deceased, the bodies of such
deceased persons about to be buried at public expense, to be by
him or them used within the state, for advancement of medical,
anatomical, biological or mortuary science. Preference shall
be given to medical colleges or schools, public or private and
such bodies to be distributed to and among the same,
equitably, the number assigned to each, being in proportion to
the students of each college or school: except, if any person
claiming to be, and satisfying the proper authorities that he

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is of kindred of the deceased asks to have the body for burial,
it shall, in the absence of other disposition of such body, or
any part thereof by will, court order or other written
instrument, be surrendered for interment. Any medical college
or school, or other institution of higher science education or
school of mortuary science, public and private, or any
officers of the same, that receive the bodies of deceased
persons for the purposes of scientific study, under the
provisions of this Act, shall furnish the same to students of
medicine, surgery and biological or mortuary sciences, who are
under their instruction, at a price not exceeding the sum of $5
for each and every such deceased body so furnished.
(Source: Laws 1965, p. 1980.)
Section 210. The Vital Records Act is amended by changing
Sections 18, 20, 21, 21.7, and 25.5 as follows:
(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
Sec. 18. (1) Each death which occurs in this State shall be
registered by filing a death certificate with the local
registrar of the district in which the death occurred or the
body was found, within 7 days after such death (within 5 days
if the death occurs prior to January 1, 1989) and prior to
cremation or removal of the body from the State, except when
death is subject to investigation by the coroner or medical
examiner.

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(a) For the purposes of this Section, if the place of
death is unknown, a death certificate shall be filed in
the registration district in which a dead body is found,
which shall be considered the place of death.
(b) When a death occurs on a moving conveyance, the
place where the body is first removed from the conveyance
shall be considered the place of death and a death
certificate shall be filed in the registration district in
which such place is located.
(c) The funeral director who first assumes custody of
a dead body shall be responsible for filing a completed
death certificate. He or she shall obtain the personal
data from the next of kin or the best qualified person or
source available; he or she shall enter on the certificate
the name, relationship, and address of the informant; he
or she shall enter the date, place, and method of final
disposition; he or she shall affix his or her own
signature and enter his or her address; and shall present
the certificate to the person responsible for completing
the medical certification of cause of death. The person
responsible for completing the medical certification of
cause of death must note the presence of
methicillin-resistant staphylococcus aureus, clostridium
difficile, or vancomycin-resistant enterococci if it is a
contributing factor to or the cause of death. Additional
multi-drug resistant organisms (MDROs) may be added to

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this list by the Department by rule.
(2) The medical certification shall be completed and
signed within 48 hours after death by the certifying health
care professional who, within 12 months prior to the date of
the patient's death, was treating or managing treatment of the
patient's illness or condition which resulted in death, except
when death is subject to the coroner's or medical examiner's
investigation. In the absence of the certifying health care
professional or with his or her approval, the medical
certificate may be completed and signed by his or her
associate physician, or advanced practice registered nurse, or
physician assistant, the chief medical officer of the
institution in which death occurred, or by the physician who
performed an autopsy upon the decedent.
(3) When a death occurs without medical attendance, or
when it is otherwise subject to the coroner's or medical
examiner's investigation, the coroner or medical examiner
shall be responsible for the completion of a coroner's or
medical examiner's certificate of death and shall sign the
medical certification within 48 hours after death, except as
provided by regulation in special problem cases. If the
decedent was under the age of 18 years at the time of his or
her death, and the death was due to injuries suffered as a
result of a motor vehicle backing over a child, or if the death
occurred due to the power window of a motor vehicle, the
coroner or medical examiner must send a copy of the medical

HB2488 - 327 - LRB103 26308 AWJ 52668 b
certification, with information documenting that the death was
due to a vehicle backing over the child or that the death was
caused by a power window of a vehicle, to the Department of
Children and Family Services. The Department of Children and
Family Services shall (i) collect this information for use by
Child Death Review Teams and (ii) compile and maintain this
information as part of its Annual Child Death Review Team
Report to the General Assembly.
(3.5) The medical certification of cause of death shall
expressly provide an opportunity for the person completing the
certification to indicate that the death was caused in whole
or in part by a dementia-related disease, Parkinson's Disease,
or Parkinson-Dementia Complex.
(4) When the deceased was a veteran of any war of the
United States, the funeral director shall prepare a
"Certificate of Burial of U. S. War Veteran", as prescribed
and furnished by the Illinois Department of Veterans' Affairs,
and submit such certificate to the Illinois Department of
Veterans' Affairs monthly.
(5) When a death is presumed to have occurred in this State
but the body cannot be located, a death certificate may be
prepared by the State Registrar upon receipt of an order of a
court of competent jurisdiction which includes the finding of
facts required to complete the death certificate. Such death
certificate shall be marked "Presumptive" and shall show on
its face the date of the registration and shall identify the

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court and the date of the judgment.
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
revised 12-12-22.)
(410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
Sec. 20. Fetal death; place of registration.
(1) Each fetal death which occurs in this State after a
gestation period of 20 completed weeks (and when the mother
elects in writing to arrange for the burial or cremation of the
fetus under Section 11.4 of the Hospital Licensing Act) or
more shall be registered with the local or subregistrar of the
district in which the delivery occurred within 7 days after
the delivery and before removal of the fetus from the State,
except as provided by regulation in special problem cases.
(a) For the purposes of this Section, if the place of
fetal death is unknown, a fetal death certificate shall be
filed in the registration district in which a dead fetus
is found, which shall be considered the place of fetal
death.
(b) When a fetal death occurs on a moving conveyance,
the city, village, township, or road district in which the
fetus is first removed from the conveyance shall be
considered the place of delivery and a fetal death
certificate shall be filed in the registration district in
which the place is located.
(c) The funeral director or person acting as such who

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first assumes custody of a fetus shall file the
certificate. The personal data shall be obtained from the
best qualified person or source available. The name,
relationship, and address of the informant shall be
entered on the certificate. The date, place, and method of
final disposition of the fetus shall be recorded over the
personal signature and address of the funeral director
responsible for the disposition. The certificate shall be
presented to the person responsible for completing the
medical certification of the cause of death.
(2) The medical certification shall be completed and
signed within 24 hours after delivery by the certifying health
care professional in attendance at or after delivery, except
when investigation is required under Division 3-3 of Article 3
of the Counties Code and except as provided by regulation in
special problem cases.
(3) When a fetal death occurs without medical attendance
upon the mother at or after the delivery, or when
investigation is required under Division 3-3 of Article 3 of
the Counties Code, the medical examiner coroner shall be
responsible for the completion of the fetal death certificate
and shall sign the medical certification within 24 hours after
the delivery or the finding of the fetus, except as provided by
regulation in special problem cases.
(Source: P.A. 102-257, eff. 1-1-22.)

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(410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
Sec. 21. (1) The funeral director or person acting as such
who first assumes custody of a dead body or fetus shall make a
written report to the registrar of the district in which death
occurred or in which the body or fetus was found within 24
hours after taking custody of the body or fetus on a form
prescribed and furnished by the State Registrar and in
accordance with the rules promulgated by the State Registrar.
Except as specified in paragraph (2) of this Section, the
written report shall serve as a permit to transport, bury, or
entomb the body or fetus within this State, provided that the
funeral director or person acting as such shall certify that
the certifying health care professional who, within 12 months
prior to the date of the patient's death, was treating or
managing treatment of the patient's illness or condition which
resulted in death has been contacted and has affirmatively
stated that he or she will sign the medical certificate of
death or the fetal death certificate. If a funeral director
fails to file written reports under this Section in a timely
manner, the local registrar may suspend the funeral director's
privilege of filing written reports by mail. In a county with a
population greater than 3,000,000, if a funeral director or
person acting as such inters or entombs a dead body without
having previously certified that the certifying health care
professional who, within 12 months prior to the date of the
patient's death, was treating or managing treatment of the

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patient's illness or condition that resulted in death has been
contacted and has affirmatively stated that he or she will
sign the medical certificate of death, then that funeral
director or person acting as such is responsible for payment
of the specific costs incurred by the county medical examiner
in disinterring and reinterring or reentombing the dead body.
(2) The written report as specified in paragraph (1) of
this Section shall not serve as a permit to:
(a) Remove body or fetus from this State;
(b) Cremate the body or fetus; or
(c) Make disposal of any body or fetus in any manner
when death is subject to the coroner's or medical
examiner's investigation.
(3) In accordance with the provisions of paragraph (2) of
this Section the funeral director or person acting as such who
first assumes custody of a dead body or fetus shall obtain a
permit for disposition of such dead human body prior to final
disposition or removal from the State of the body or fetus.
Such permit shall be issued by the registrar of the district
where death occurred or the body or fetus was found. No such
permit shall be issued until a properly completed certificate
of death has been filed with the registrar. The registrar
shall insure the issuance of a permit for disposition within
an expedited period of time to accommodate Sunday or holiday
burials of decedents whose time of death and religious tenets
or beliefs necessitate Sunday or holiday burials.

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(4) A permit which accompanies a dead body or fetus
brought into this State shall be authority for final
disposition of the body or fetus in this State, except in
municipalities where local ordinance requires the issuance of
a local permit prior to disposition.
(5) A permit for disposition of a dead human body shall be
required prior to disinterment of a dead body or fetus, and
when the disinterred body is to be shipped by a common carrier.
Such permit shall be issued to a licensed funeral director or
person acting as such, upon proper application, by the local
registrar of the district in which disinterment is to be made.
In the case of disinterment, proper application shall include
a statement providing the name and address of any surviving
spouse of the deceased, or, if none, any surviving children of
the deceased, or if no surviving spouse or children, a parent,
brother, or sister of the deceased. The application shall
indicate whether the applicant is one of these parties and, if
so, whether the applicant is a surviving spouse or a surviving
child. Prior to the issuance of a permit for disinterment, the
local registrar shall, by certified mail, notify the surviving
spouse, unless he or she is the applicant, or if there is no
surviving spouse, all surviving children except for the
applicant, of the application for the permit. The person or
persons notified shall have 30 days from the mailing of the
notice to object by obtaining an injunction enjoining the
issuance of the permit. After the 30-day period has expired,

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the local registrar shall issue the permit unless he or she has
been enjoined from doing so or there are other statutory
grounds for refusal. The notice to the spouse or surviving
children shall inform the person or persons being notified of
the right to seek an injunction within 30 days.
Notwithstanding any other provision of this subsection (5), a
court may order issuance of a permit for disinterment without
notice or prior to the expiration of the 30-day period where
the petition is made by an agency of any governmental unit and
good cause is shown for disinterment without notice or for the
early order. Nothing in this subsection (5) limits the
authority of the City of Chicago to acquire property or
otherwise exercise its powers under the O'Hare Modernization
Act or requires that City, or any person acting on behalf of
that City, to obtain a permit under this subsection (5) when
exercising powers under the O'Hare Modernization Act. The
Illinois Department of Transportation, and any person acting
on its behalf under a public-private agreement entered into in
accordance with the Public-Private Agreements for the South
Suburban Airport Act, is exempt from this subsection (5),
provided that the Illinois Department of Transportation, or
any such person, takes reasonable steps to comply with the
provisions of this subsection (5) so long as compliance does
not interfere with the design, development, operation, or
maintenance of the South Suburban Airport or the exercise of
their powers under the Public-Private Agreements for the South

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Suburban Airport Act.
(Source: P.A. 102-257, eff. 1-1-22.)
(410 ILCS 535/21.7)
Sec. 21.7. Temporary removal of a dead body. No permit for
transportation signed by the local registrar is required prior
to transporting a dead human body out of the State of Illinois,
at the direction of a federally designated organ procurement
organization, for the purpose of organ or tissue donation. The
dead human body being transported for the purpose of organ or
tissue donation shall be accompanied by a self-issued permit
in accordance with rules adopted by the Department of Public
Health. This self-issued permit shall be completed by an
Illinois-licensed funeral director and embalmer or
Illinois-licensed funeral director and shall serve as
notification to the county medical examiner or coroner of the
jurisdiction or county in which the death occurred that the
dead human body is being transported out of Illinois for a
period not to exceed 36 hours. This Section applies only to
instances in which the dead human body is to be returned to
Illinois prior to disposition. This Section does not affect
any rights or responsibilities held by county medical
examiners or coroners under the Local Governmental and
Governmental Employees Tort Immunity Act. The Department of
Public Health shall adopt rules to implement this Section.
(Source: P.A. 99-262, eff. 1-1-16.)

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(410 ILCS 535/25.5)
Sec. 25.5. Death Certificate Surcharge Fund. The
additional $2 fee for certified copies of death certificates
and fetal death certificates must be deposited into the Death
Certificate Surcharge Fund, a special fund created in the
State treasury. Beginning 30 days after the effective date of
this amendatory Act of the 92nd General Assembly and until
January 1, 2003 and then beginning again on July 1, 2003 and
until July 1, 2005, moneys in the Fund, subject to
appropriation, may be used by the Department for the purpose
of implementing an electronic reporting system for death
registrations as provided in Section 18.5 of this Act. Before
the effective date of this amendatory Act of the 92nd General
Assembly, on and after January 1, 2003 and until July 1, 2003,
and on and after July 1, 2005, moneys in the Fund, subject to
appropriations, may be used as follows: (i) 25% by the Medical
Examiner Coroner Training Board for the purpose of training
medical examiners coroners, deputy medical examiners coroners,
forensic pathologists, and police officers for death
investigations and lodging and travel expenses relating to
training, (ii) 25% for grants by the Department of Public
Health for distribution to all local county coroners and
medical examiners or officials charged with the duties set
forth under Division 3-3 of the Counties Code, who have a
different title, for equipment and lab facilities, (iii) 25%

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by the Department of Public Health for the purpose of setting
up a statewide database of death certificates and implementing
an electronic reporting system for death registrations
pursuant to Section 18.5, and (iv) 25% for a grant by the
Department of Public Health to local registrars.
(Source: P.A. 99-408, eff. 1-1-16.)
Section 215. The Fire Investigation Act is amended by
changing Section 6 as follows:
(425 ILCS 25/6) (from Ch. 127 1/2, par. 6)
Sec. 6. Investigation and record of fires; Office of the
State Fire Marshal.
(a) The chief of the fire department shall investigate the
cause, origin and circumstances of every fire occurring in a
municipality or fire protection district, or in any area or on
any property which is furnished fire protection by the fire
department of such municipality or fire protection district,
by which property has been destroyed or damaged, and shall
especially make investigation as to whether such fire was the
result of carelessness or design. Such investigation shall be
begun within two days, not including Sunday, of the occurrence
of such fire, and the Office shall have the right to supervise
and direct such investigation whenever it deems it expedient
or necessary. The officer making investigation of fires
occurring in cities, villages, towns, fire protection

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districts or townships shall forthwith notify the Office and
shall by the 15th of the month following the occurrence of the
fire, furnish to the Office a statement of all facts relating
to the cause and origin of the fire, and such other information
as may be called for in a format approved or on forms provided
by the Office.
(b) In every case in which a fire is determined to be a
contributing factor in a death, the medical examiner coroner
of the county where the death occurred shall report the death
to the Office as provided in Section 3-3013 of the Counties
Code.
(c) The Office shall keep a record of all fires occurring
in the State, together with all facts, statistics and
circumstances, including the origin of the fires, which may be
determined by the investigations provided by this act; such
record shall at all times be open to the public inspection, and
such portions of it as the State Director of Insurance may deem
necessary shall be transcribed and forwarded to him within
fifteen days from the first of January of each year.
(d) In addition to the reporting of fires, the chief of the
fire department shall furnish to the Office such other
information as the State Fire Marshal deems of importance to
the fire services.
(Source: P.A. 101-82, eff. 1-1-20.)
Section 220. The Illinois Vehicle Code is amended by

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changing Sections 6-117, 11-413, 11-414, 11-501.7, and 12-215
as follows:
(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application
for a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the
Secretary of State shall indicate the action taken with
respect to such applications.
(b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records
shall note the reasons for such action.
(c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate
records of any accident reports received.
(e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.

HB2488 - 339 - LRB103 26308 AWJ 52668 b
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
(1) The Secretary shall offer, to each applicant for
issuance or renewal of a driver's license or
identification card who is 16 years of age or older, the
opportunity to have his or her name included in the First
Person Consent organ and tissue donor registry. The
Secretary must advise the applicant or licensee that he or
she is under no compulsion to have his or her name included
in the registry. An individual who agrees to having his or
her name included in the First Person Consent organ and
tissue donor registry has given full legal consent to the
donation of any of his or her organs or tissue upon his or
her death. A brochure explaining this method of executing

HB2488 - 340 - LRB103 26308 AWJ 52668 b
an anatomical gift must be given to each applicant for
issuance or renewal of a driver's license or
identification card. The brochure must advise the
applicant or licensee (i) that he or she is under no
compulsion to have his or her name included in this
registry and (ii) that he or she may wish to consult with
family, friends, or clergy before doing so.
(2) The Secretary of State may establish additional
methods by which an individual may have his or her name
included in the First Person Consent organ and tissue
donor registry.
(3) When an individual has agreed to have his or her
name included in the First Person Consent organ and tissue
donor registry, the Secretary of State shall note that
agreement in the First Person consent organ and tissue
donor registry. Representatives of federally designated
organ procurement agencies and tissue banks and the
offices of Illinois county coroners and medical examiners
may inquire of the Secretary of State whether a potential
organ donor's name is included in the First Person Consent
organ and tissue donor registry, and the Secretary of
State may provide that information to the representative.
(4) An individual may withdraw his or her consent to
be listed in the First Person Consent organ and tissue
donor registry maintained by the Secretary of State by
notifying the Secretary of State in writing, or by any

HB2488 - 341 - LRB103 26308 AWJ 52668 b
other means approved by the Secretary, of the individual's
decision to have his or her name removed from the
registry.
(5) The Secretary of State may undertake additional
efforts, including education and awareness activities, to
promote organ and tissue donation.
(6) In the absence of gross negligence or willful
misconduct, the Secretary of State and his or her
employees are immune from any civil or criminal liability
in connection with an individual's consent to be listed in
the organ and tissue donor registry.
(Source: P.A. 100-41, eff. 1-1-18.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application
for a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the
Secretary of State shall indicate the action taken with
respect to such applications.
(b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records
shall note the reasons for such action.

HB2488 - 342 - LRB103 26308 AWJ 52668 b
(c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate
records of any crash reports received.
(e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
(1) The Secretary shall offer, to each applicant for
issuance or renewal of a driver's license or
identification card who is 16 years of age or older, the

HB2488 - 343 - LRB103 26308 AWJ 52668 b
opportunity to have his or her name included in the First
Person Consent organ and tissue donor registry. The
Secretary must advise the applicant or licensee that he or
she is under no compulsion to have his or her name included
in the registry. An individual who agrees to having his or
her name included in the First Person Consent organ and
tissue donor registry has given full legal consent to the
donation of any of his or her organs or tissue upon his or
her death. A brochure explaining this method of executing
an anatomical gift must be given to each applicant for
issuance or renewal of a driver's license or
identification card. The brochure must advise the
applicant or licensee (i) that he or she is under no
compulsion to have his or her name included in this
registry and (ii) that he or she may wish to consult with
family, friends, or clergy before doing so.
(2) The Secretary of State may establish additional
methods by which an individual may have his or her name
included in the First Person Consent organ and tissue
donor registry.
(3) When an individual has agreed to have his or her
name included in the First Person Consent organ and tissue
donor registry, the Secretary of State shall note that
agreement in the First Person consent organ and tissue
donor registry. Representatives of federally designated
organ procurement agencies and tissue banks and the

HB2488 - 344 - LRB103 26308 AWJ 52668 b
offices of Illinois county coroners and medical examiners
may inquire of the Secretary of State whether a potential
organ donor's name is included in the First Person Consent
organ and tissue donor registry, and the Secretary of
State may provide that information to the representative.
(4) An individual may withdraw his or her consent to
be listed in the First Person Consent organ and tissue
donor registry maintained by the Secretary of State by
notifying the Secretary of State in writing, or by any
other means approved by the Secretary, of the individual's
decision to have his or her name removed from the
registry.
(5) The Secretary of State may undertake additional
efforts, including education and awareness activities, to
promote organ and tissue donation.
(6) In the absence of gross negligence or willful
misconduct, the Secretary of State and his or her
employees are immune from any civil or criminal liability
in connection with an individual's consent to be listed in
the organ and tissue donor registry.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
(Text of Section before amendment by P.A. 102-982)
Sec. 11-413. Coroners to report. All coroners shall on or
before the 10th day of each month report in writing to the

HB2488 - 345 - LRB103 26308 AWJ 52668 b
Administrator the death of any person within their respective
jurisdiction, during the preceding calendar month, as the
result of a traffic accident giving the time and place of the
accident and the circumstances relating thereto.
(Source: P.A. 83-831.)
(Text of Section after amendment by P.A. 102-982)
Sec. 11-413. Medical examiners Coroners to report. All
medical examiners coroners shall on or before the 10th day of
each month report in writing to the Administrator the death of
any person within their respective jurisdiction, during the
preceding calendar month, as the result of a traffic crash
giving the time and place of the crash and the circumstances
relating thereto.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
(Text of Section before amendment by P.A. 102-982)
Sec. 11-414. Department to tabulate and analyze motor
vehicle accident reports. The Department shall tabulate and
may analyze all written motor vehicle accident reports
received in compliance with this Code and shall publish
annually or at more frequent intervals motor vehicle accident
data. The Department:
1. (blank);
2. shall, upon written request, make available to the

HB2488 - 346 - LRB103 26308 AWJ 52668 b
public motor vehicle accident data that shall be
distributed under Sections 11-412 and 11-417 of this Code;
3. may conduct special investigations of motor vehicle
accidents and may solicit supplementary reports from
drivers, owners, police departments, sheriffs, medical
examiners coroners, or any other individual. Failure of
any individual to submit a supplementary report subjects
such individual to the same penalties for failure to
report as designated under Section 11-406.
(Source: P.A. 100-96, eff. 1-1-18.)
(Text of Section after amendment by P.A. 102-982)
Sec. 11-414. Department to tabulate and analyze motor
vehicle crash reports. The Department shall tabulate and may
analyze all written motor vehicle crash reports received in
compliance with this Code and shall publish annually or at
more frequent intervals motor vehicle crash data. The
Department:
1. (blank);
2. shall, upon written request, make available to the
public motor vehicle crash data that shall be distributed
under Sections 11-412 and 11-417 of this Code;
3. may conduct special investigations of motor vehicle
crashes and may solicit supplementary reports from
drivers, owners, police departments, sheriffs, medical
examiners, coroners, or any other individual. Failure of

HB2488 - 347 - LRB103 26308 AWJ 52668 b
any individual to submit a supplementary report subjects
such individual to the same penalties for failure to
report as designated under Section 11-406.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
(Text of Section before amendment by P.A. 102-982)
Sec. 11-501.7. (a) As a condition of probation or
discharge of a person convicted of a violation of Section
11-501 of this Code, who was less than 21 years of age at the
time of the offense, or a person adjudicated delinquent
pursuant to the Juvenile Court Act of 1987, for violation of
Section 11-501 of this Code, the Court may order the offender
to participate in the Youthful Intoxicated Drivers' Visitation
Program. The Program shall consist of a supervised visitation
as provided by this Section by the person to at least one of
the following, to the extent that personnel and facilities are
available:
(1) A State or private rehabilitation facility that
cares for victims of motor vehicle accidents involving
persons under the influence of alcohol.
(2) A facility which cares for advanced alcoholics to
observe persons in the terminal stages of alcoholism,
under the supervision of appropriately licensed medical
personnel.
(3) If approved by the coroner of the county where the

HB2488 - 348 - LRB103 26308 AWJ 52668 b
person resides, the county coroner's office or the county
morgue to observe appropriate victims of motor vehicle
accidents involving persons under the influence of
alcohol, under the supervision of the coroner or deputy
coroner.
(b) The Program shall be operated by the appropriate
probation authorities of the courts of the various circuits.
The youthful offender ordered to participate in the Program
shall bear all costs associated with participation in the
Program. A parent or guardian of the offender may assume the
obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the
costs of participation in the Program upon a finding of
indigency.
(c) As used in this Section, "appropriate victims" means
victims whose condition is determined by the visit supervisor
to demonstrate the results of motor vehicle accidents
involving persons under the influence of alcohol without being
excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation
of victims or persons with disabilities, a comprehensive
counseling session with the visitation supervisor at which the
supervisor shall explain and discuss the experiences which may
be encountered during the visitation in order to ascertain
whether the visitation is appropriate.
(Source: P.A. 101-81, eff. 7-12-19.)

HB2488 - 349 - LRB103 26308 AWJ 52668 b
(Text of Section after amendment by P.A. 102-982)
Sec. 11-501.7. (a) As a condition of probation or
discharge of a person convicted of a violation of Section
11-501 of this Code, who was less than 21 years of age at the
time of the offense, or a person adjudicated delinquent
pursuant to the Juvenile Court Act of 1987, for violation of
Section 11-501 of this Code, the Court may order the offender
to participate in the Youthful Intoxicated Drivers' Visitation
Program. The Program shall consist of a supervised visitation
as provided by this Section by the person to at least one of
the following, to the extent that personnel and facilities are
available:
(1) A State or private rehabilitation facility that
cares for victims of motor vehicle crashes involving
persons under the influence of alcohol.
(2) A facility which cares for advanced alcoholics to
observe persons in the terminal stages of alcoholism,
under the supervision of appropriately licensed medical
personnel.
(3) If approved by the medical examiner coroner of the
county where the person resides, the county medical
examiner's coroner's office or the county morgue to
observe appropriate victims of motor vehicle crashes
involving persons under the influence of alcohol, under
the supervision of the medical examiner coroner or deputy

HB2488 - 350 - LRB103 26308 AWJ 52668 b
medical examiner coroner.
(b) The Program shall be operated by the appropriate
probation authorities of the courts of the various circuits.
The youthful offender ordered to participate in the Program
shall bear all costs associated with participation in the
Program. A parent or guardian of the offender may assume the
obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the
costs of participation in the Program upon a finding of
indigency.
(c) As used in this Section, "appropriate victims" means
victims whose condition is determined by the visit supervisor
to demonstrate the results of motor vehicle crashes involving
persons under the influence of alcohol without being
excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation
of victims or persons with disabilities, a comprehensive
counseling session with the visitation supervisor at which the
supervisor shall explain and discuss the experiences which may
be encountered during the visitation in order to ascertain
whether the visitation is appropriate.
(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
(625 ILCS 5/12-215)
(Text of Section before amendment by P.A. 102-982)
Sec. 12-215. Oscillating, rotating, or flashing lights on

HB2488 - 351 - LRB103 26308 AWJ 52668 b
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, federal, Federal
or local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief, deputy fire
chief, or assistant fire chief who has completed an
emergency vehicle operation training course approved by
the Office of the State Fire Marshal and designated or
authorized by local authorities, fire departments, or fire
protection districts, in writing, as a fire department,
fire protection district, or township fire department
vehicle; however, the designation or authorization must be
carried in the vehicle, and the lights may be visible or
activated only when responding to a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an

HB2488 - 352 - LRB103 26308 AWJ 52668 b
emergency call for and while actually conveying the sick
or injured;
4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an
emergency call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as

HB2488 - 353 - LRB103 26308 AWJ 52668 b
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol; the lights shall not be lighted except when
responding to an emergency call or when parked or
stationary while engaged in motor vehicle assistance or at
the scene of the emergency.
(b) The use of amber oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights

HB2488 - 354 - LRB103 26308 AWJ 52668 b
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this
paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local
authorities, and contractors; furthermore, such lights
shall not be lighted except while such vehicles are
engaged in maintenance or construction operations within
the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted
except while such vehicles are actually engaged in work on
a highway;

HB2488 - 355 - LRB103 26308 AWJ 52668 b
4. Vehicles of public utilities, municipalities, or
other construction, maintenance, or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking,
or passing while such vehicles are engaged in maintenance,
service, or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local

HB2488 - 356 - LRB103 26308 AWJ 52668 b
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
10.5. Vehicles of the Office of the Illinois State
Fire Marshal, provided that such lights shall not be
lighted except for when such vehicles are engaged in work
for the Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be
lighted except when such vehicles are actually being used
for such purposes;
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the

HB2488 - 357 - LRB103 26308 AWJ 52668 b
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire
department or fire protection district and vehicles owned
or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when

HB2488 - 358 - LRB103 26308 AWJ 52668 b
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,

HB2488 - 359 - LRB103 26308 AWJ 52668 b
rotating, or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating, or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination
with red oscillating, rotating, or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant
team or a representative of the organ procurement
organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination

HB2488 - 360 - LRB103 26308 AWJ 52668 b
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating,
rotating, or flashing lights to be used in combination with
blue oscillating, rotating, or flashing lights, if
authorization by local authorities is in writing and carried
in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating, or flashing lights, whether lighted or

HB2488 - 361 - LRB103 26308 AWJ 52668 b
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating, or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing

HB2488 - 362 - LRB103 26308 AWJ 52668 b
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection
subsections (a), (b), (c), or (d) of this Section who without
lawful authority stops or detains or attempts to stop or
detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsection subsections (a) or (c)
of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;
revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 12-215. Oscillating, rotating, or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, federal, Federal
or local authorities;
2. A vehicle operated by a police officer or county
medical examiner coroner and designated or authorized by
local authorities, in writing, as a law enforcement
vehicle; however, such designation or authorization must
be carried in the vehicle;
2.1. A vehicle operated by a fire chief, deputy fire

HB2488 - 363 - LRB103 26308 AWJ 52668 b
chief, or assistant fire chief who has completed an
emergency vehicle operation training course approved by
the Office of the State Fire Marshal and designated or
authorized by local authorities, fire departments, or fire
protection districts, in writing, as a fire department,
fire protection district, or township fire department
vehicle; however, the designation or authorization must be
carried in the vehicle, and the lights may be visible or
activated only when responding to a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an
emergency call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on

HB2488 - 364 - LRB103 26308 AWJ 52668 b
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an

HB2488 - 365 - LRB103 26308 AWJ 52668 b
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol; the lights shall not be lighted except when
responding to an emergency call or when parked or
stationary while engaged in motor vehicle assistance or at
the scene of the emergency.
(b) The use of amber oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of a crash or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,

HB2488 - 366 - LRB103 26308 AWJ 52668 b
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this
paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local
authorities, and contractors; furthermore, such lights
shall not be lighted except while such vehicles are
engaged in maintenance or construction operations within
the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted
except while such vehicles are actually engaged in work on
a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance, or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking,
or passing while such vehicles are engaged in maintenance,
service, or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political

HB2488 - 367 - LRB103 26308 AWJ 52668 b
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
10.5. Vehicles of the Office of the Illinois State
Fire Marshal, provided that such lights shall not be
lighted except for when such vehicles are engaged in work

HB2488 - 368 - LRB103 26308 AWJ 52668 b
for the Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be
lighted except when such vehicles are actually being used
for such purposes;
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire
department or fire protection district and vehicles owned
or operated by a:
voluntary firefighter;
paid firefighter;

HB2488 - 369 - LRB103 26308 AWJ 52668 b
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle crash.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or

HB2488 - 370 - LRB103 26308 AWJ 52668 b
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating, or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination
with red oscillating, rotating, or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,

HB2488 - 371 - LRB103 26308 AWJ 52668 b
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant
team or a representative of the organ procurement
organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or

HB2488 - 372 - LRB103 26308 AWJ 52668 b
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle crash.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating,
rotating, or flashing lights to be used in combination with
blue oscillating, rotating, or flashing lights, if
authorization by local authorities is in writing and carried
in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating, or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles

HB2488 - 373 - LRB103 26308 AWJ 52668 b
are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating, or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection
subsections (a), (b), (c), or (d) of this Section who without
lawful authority stops or detains or attempts to stop or
detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsection subsections (a) or (c)
of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;
102-982, eff. 7-1-23; revised 8-1-22.)

HB2488 - 374 - LRB103 26308 AWJ 52668 b
Section 225. The Boat Registration and Safety Act is
amended by changing Section 6-1 as follows:
(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
Sec. 6-1. Collisions, accidents, and casualties; reports.
A. The operator of a vessel involved in a collision,
accident, or other casualty, so far as he can without serious
danger to his own vessel, crew, passengers and guests, if any,
shall render to other persons affected by the collision,
accident, or other casualty assistance as may be practicable
and as may be necessary in order to save them from or minimize
any danger caused by the collision, accident, or other
casualty, and also shall give his name, address, and
identification of his vessel to any person injured and to the
owner of any property damaged in the collision, accident, or
other casualty.
If the collision, accident, or other casualty has resulted
in the death of or personal injury to any person, failure to
comply with this subsection A is a Class A misdemeanor.
A-1. Any person who has failed to stop or to comply with
the requirements of subsection A must, as soon as possible but
in no case later than one hour after the collision, accident,
or other casualty, or, if hospitalized and incapacitated from
reporting at any time during that period, as soon as possible
but in no case later than one hour after being discharged from
the hospital, report the date, place, and approximate time of

HB2488 - 375 - LRB103 26308 AWJ 52668 b
the collision, accident, or other casualty, the watercraft
operator's name and address, the identification number of the
watercraft, if any, and the names of all other occupants of the
watercraft, at a police station or sheriff's office near the
location where the collision, accident, or other casualty
occurred. A report made as required under this subsection A-1
may not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.
As used in this Section, personal injury means any injury
requiring treatment beyond first aid.
Any person failing to comply with this subsection A-1 is
guilty of a Class 4 felony if the collision, accident, or other
casualty does not result in the death of any person. Any person
failing to comply with this subsection A-1 when the collision,
accident, or other casualty results in the death of any person
is guilty of a Class 2 felony, for which the person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
B. In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or other casualty results in death or injury to a person or
damage to property in excess of $2000, or there is a complete
loss of the vessel, shall file with the Department a full
description of the collision, accident, or other casualty,
including information as the Department may by regulation
require. Reports of the accidents must be filed with the

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Department on a Department Accident Report form within 5 days.
C. Reports of accidents resulting in personal injury,
where a person sustains an injury requiring medical attention
beyond first aid, must be filed with the Department on a
Department Accident Report form within 5 days. Accidents that
result in loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental reports
are without prejudice to the individual reporting, and are for
the confidential use of the Department, except that the
Department may disclose the identity of a person involved in
an accident when the identity is not otherwise known or when
the person denies his presence at the accident. No report to
the Department may be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the
Department must furnish upon demand of any person who has or
claims to have made a report or upon demand of any court a
certificate showing that a specified accident report has or
has not been made to the Department solely to prove a
compliance or a failure to comply with the requirements that a
report be made to the Department.
E. (1) Every coroner or medical examiner shall on or
before the 10th day of each month report in writing to the
Department the circumstances surrounding the death of any
person that has occurred as the result of a boating
accident within the examiner's jurisdiction during the

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preceding calendar month.
(2) Within 6 hours after a death resulting from a
boating accident, but in any case not more than 12 hours
after the occurrence of the boating accident, a blood
specimen of at least 10 cc shall be withdrawn from the body
of the decedent by the coroner or medical examiner or by a
qualified person at the direction of the physician. All
morticians shall obtain a release from the coroner or
medical examiner prior to proceeding with embalming any
body coming under the scope of this Section. The blood so
drawn shall be forwarded to a laboratory approved by the
Illinois State Police for analysis of the alcoholic
content of the blood specimen. The coroner or medical
examiner causing the blood to be withdrawn shall be
notified of the results of each analysis made and shall
forward the results of each analysis to the Department.
The Department shall keep a record of all examinations to
be used for statistical purposes only. The cumulative
results of the examinations, without identifying the
individuals involved, shall be disseminated and made
public by the Department.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 230. The Attorney Act is amended by changing
Section 10 as follows:

HB2488 - 378 - LRB103 26308 AWJ 52668 b
(705 ILCS 205/10) (from Ch. 13, par. 10)
Sec. 10. No medical examiner coroner, sheriff or deputy
sheriff shall be permitted to practice as an attorney or
counselor at law in the county in which he is commissioned or
appointed, nor shall any clerk or deputy clerk of a court be
permitted to practice as an attorney or counselor at law in the
court in which he is such clerk or deputy clerk, and no person
shall be permitted or suffered to enter his name on the roll or
record, to be kept as aforesaid, by the clerk of the Supreme
Court, or do any official act appertaining to the office of an
attorney or counselor at law, until he has taken the oath
hereinbefore required; and the person administering such oath
shall certify the same on the license, which certificate shall
be a sufficient voucher to the clerk of the Supreme Court to
enter or insert, or permit to be entered or inserted, on the
roll of attorneys or counselors at law, the name of the person
of whom such certificate is made.
(Source: Laws 1967, p. 3675.)
Section 235. The Jury Act is amended by changing Section
20 as follows:
(705 ILCS 305/20) (from Ch. 78, par. 20)
Sec. 20. (a) It shall be the duty of the clerk of the court
at the commencement of each week at which any cause is to be
tried by a jury to write the name of each petit juror summoned

HB2488 - 379 - LRB103 26308 AWJ 52668 b
and retained for that week on a separate ticket, and put the
whole into a box or other place for safekeeping; and as often
as it shall be necessary to impanel a jury, the clerk, sheriff
or medical examiner coroner shall, in the presence of the
court, draw by chance 12 names (or 14 where alternate jurors
are required) out of such box or other place, which shall
designate the persons to be sworn on the jury, and in the same
manner for the second jury, in their turn, as the court may
order and direct. The attorney for any party litigant in any
cause assigned to jury trial shall have the right to be present
in person at the time and place when the random selection of
jurors for trial of said cause is drawn by lot to be assigned
to the trial judge for voir dire examination; a party litigant
whose attorney is present at the selection process waives any
objection to the selection procedure unless the same is
asserted prior to the time any prospective juror is called for
voir dire examination.
(b) Notwithstanding the provisions of subsection (a),
names of jurors may be randomly drawn by computer.
(Source: P.A. 86-1053.)
Section 240. The Jury Commission Act is amended by
changing Section 8 as follows:
(705 ILCS 310/8) (from Ch. 78, par. 31)
Sec. 8. In such manner as may be prescribed by rules to be

HB2488 - 380 - LRB103 26308 AWJ 52668 b
adopted by majority vote of the said judges, the jury
administrator or the jury commissioners shall also:
(a) From time to time prepare a secondary list to be known
as the active jury list, containing such number of names taken
from the general jury list as shall be appointed by the said
rules, and in addition thereto, such other lists, to be known
as period jury lists, as the said rules may require. Such
period jury lists, if provided for, shall contain the names of
prospective jurors who shall have indicated, either before or
after being summoned for jury duty, at what time of the year
they could most conveniently serve. The active jury list and,
except as to the names of persons certified back by the clerk
of the court as provided in Section 10 of this act, the period
jury lists, shall be prepared by selecting every twentieth
name, or other whole number rate necessary to obtain the
number required, or, in counties having a population greater
than 1,000,000, in a manner prescribed by the judge in charge
of jury selection, from the general jury list;
(b) Make the active jury list and, except as to the names
of persons certified back by the clerk of the court as provided
in Section 10 of this Act, the period jury lists, available for
the clerks of the circuit court to draw therefrom by lot, as
hereinafter required, providing for the purpose such devices
or mechanisms as the said rules shall prescribe;
(c) See that at least 2 jury commissioners, one jury
commissioner and a judge of the circuit court of the county, or

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a jury administrator shall be present at any such drawing,
along with the clerk of the said jury commissioners, if there
be one, except that if the names are to be drawn by computer no
jury commissioner need be present at any drawing by computer;
(d) Provide for the manner of selection of jurors to be
provided to medical examiners coroners pursuant to Section
3-3013 of the Counties Code Section 10 of "An Act to revise the
law in relation to coroners", approved July 1, 1874, as
amended; provided that such manner of selection shall be, to
the extent practicable, similar to the manner in which petit
and grand jurors are selected; and
(e) Perform such other duties in relation to the selection
of electors for jury service and their appearance for such
service as are prescribed by this act or may be prescribed by
the said rules or procedures established by the chief judge of
the circuit.
(Source: P.A. 90-482, eff. 1-1-98.)
Section 245. The Juvenile Court Act of 1987 is amended by
changing Sections 2-6, 2-15, 3-17, 4-14, and 5-525 as follows:
(705 ILCS 405/2-6) (from Ch. 37, par. 802-6)
Sec. 2-6. Duty of officer. (1) A law enforcement officer
who takes a minor into custody under Section 2-5 shall
immediately make a reasonable attempt to notify the parent or
other person legally responsible for the minor's care or the

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person with whom the minor resides that the minor has been
taken into custody and where he or she is being held.
(a) A law enforcement officer who takes a minor into
custody with a warrant shall without unnecessary delay take
the minor to the nearest juvenile police officer designated
for such purposes in the county of venue.
(b) A law enforcement officer who takes a minor into
custody without a warrant shall place the minor in temporary
protective custody and shall immediately notify the Department
of Children and Family Services by contacting either the
central register established under 7.7 of the Abused and
Neglected Child Reporting Act or the nearest Department of
Children and Family Services office. If there is reasonable
cause to suspect that a minor has died as a result of abuse or
neglect, the law enforcement officer shall immediately report
such suspected abuse or neglect to the appropriate medical
examiner or coroner.
(Source: P.A. 85-601.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court shall
issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or
custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor

HB2488 - 383 - LRB103 26308 AWJ 52668 b
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf of
the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing. The summons shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11.
(4) The summons may be served by any county sheriff,
medical examiner coroner or probation officer, even though the
officer is the petitioner. The return of the summons with
endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days

HB2488 - 384 - LRB103 26308 AWJ 52668 b
before the time stated therein for appearance; (b) leaving a
copy at his or her usual place of abode with some person of the
family or a person residing there, of the age of 10 years or
upwards, and informing that person of the contents thereof,
provided the officer or other person making service shall also
send a copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the person summoned at his usual
place of abode, at least 3 days before the time stated therein
for appearance; or (c) leaving a copy thereof with the
guardian or custodian of a minor, at least 3 days before the
time stated therein for appearance. If the guardian or
custodian is an agency of the State of Illinois, proper
service may be made by leaving a copy of the summons and
petition with any administrative employee of such agency
designated by such agency to accept service of summons and
petitions. The certificate of the officer or affidavit of the
person that he has sent the copy pursuant to this Section is
sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of

HB2488 - 385 - LRB103 26308 AWJ 52668 b
service of summons and submission to the jurisdiction of the
court, except that the filing of a motion authorized under
Section 2-301 of the Code of Civil Procedure does not
constitute an appearance under this subsection. A copy of the
summons and petition shall be provided to the person at the
time of his appearance.
(8) Notice to a parent who has appeared or been served with
summons personally or by certified mail, and for whom an order
of default has been entered on the petition for wardship and
has not been set aside shall be provided in accordance with
Supreme Court Rule 11. Notice to a parent who was served by
publication and for whom an order of default has been entered
on the petition for wardship and has not been set aside shall
be provided in accordance with this Section and Section 2-16.
(Source: P.A. 101-146, eff. 1-1-20.)
(705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
Sec. 3-17. Summons. (1) When a petition is filed, the
clerk of the court shall issue a summons with a copy of the
petition attached. The summons shall be directed to the
minor's legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for whom
the court appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under this
Act.

HB2488 - 386 - LRB103 26308 AWJ 52668 b
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
medical examiner coroner or probation officer, even though the
officer is the petitioner. The return of the summons with
endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
person summoned at his usual place of abode, at least 3 days
before the time stated therein for appearance; or (c) leaving

HB2488 - 387 - LRB103 26308 AWJ 52668 b
a copy thereof with the guardian or custodian of a minor, at
least 3 days before the time stated therein for appearance. If
the guardian or custodian is an agency of the State of
Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such
agency designated by such agency to accept service of summons
and petitions. The certificate of the officer or affidavit of
the person that he has sent the copy pursuant to this Section
is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.
(Source: P.A. 86-441.)
(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
Sec. 4-14. Summons. (1) When a petition is filed, the
clerk of the court shall issue a summons with a copy of the
petition attached. The summons shall be directed to the

HB2488 - 388 - LRB103 26308 AWJ 52668 b
minor's legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for whom
the court appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under this
Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
medical examiner coroner or probation officer, even though the
officer is the petitioner. The return of the summons with
endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the

HB2488 - 389 - LRB103 26308 AWJ 52668 b
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided that the officer or
other person making service shall also send a copy of the
summons in a sealed envelope with postage fully prepaid,
addressed to the person summoned at his usual place of abode,
at least 3 days before the time stated therein for appearance;
or (c) leaving a copy thereof with the guardian or custodian of
a minor, at least 3 days before the time stated therein for
appearance. If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy
of the summons and petition with any administrative employee
of such agency designated by such agency to accept service of
summons and petitions. The certificate of the officer or
affidavit of the person that he has sent the copy pursuant to
this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.

HB2488 - 390 - LRB103 26308 AWJ 52668 b
(Source: P.A. 86-441.)
(705 ILCS 405/5-525)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
prosecution, the clerk of the court shall issue a summons
with a copy of the petition attached. The summons shall be
directed to the minor's parent, guardian or legal
custodian and to each person named as a respondent in the
petition, except that summons need not be directed (i) to
a minor respondent under 8 years of age for whom the court
appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under
this Act, or (ii) to a parent who does not reside with the
minor, does not make regular child support payments to the
minor, to the minor's other parent, or to the minor's
legal guardian or custodian pursuant to a support order,
and has not communicated with the minor on a regular
basis.
(b) The summons must contain a statement that the
minor is entitled to have an attorney present at the
hearing on the petition, and that the clerk of the court
should be notified promptly if the minor desires to be
represented by an attorney but is financially unable to
employ counsel.

HB2488 - 391 - LRB103 26308 AWJ 52668 b
(c) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the
date set for the adjudicatory hearing.
(d) The summons may be served by any law enforcement
officer, medical examiner coroner or probation officer,
even though the officer is the petitioner. The return of
the summons with endorsement of service by the officer is
sufficient proof of service.
(e) Service of a summons and petition shall be made
by: (i) leaving a copy of the summons and petition with the
person summoned at least 3 days before the time stated in
the summons for appearance; (ii) leaving a copy at his or
her usual place of abode with some person of the family, of
the age of 10 years or upwards, and informing that person
of the contents of the summons and petition, provided, the
officer or other person making service shall also send a
copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the person summoned at his or
her usual place of abode, at least 3 days before the time
stated in the summons for appearance; or (iii) leaving a
copy of the summons and petition with the guardian or
custodian of a minor, at least 3 days before the time
stated in the summons for appearance. If the guardian or
legal custodian is an agency of the State of Illinois,

HB2488 - 392 - LRB103 26308 AWJ 52668 b
proper service may be made by leaving a copy of the summons
and petition with any administrative employee of the
agency designated by the agency to accept the service of
summons and petitions. The certificate of the officer or
affidavit of the person that he or she has sent the copy
pursuant to this Section is sufficient proof of service.
(f) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or
who has waived or acknowledged service, fails to appear
with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the
minor, or both.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
subsection (1) is not made on any respondent within a
reasonable time or if it appears that any respondent
resides outside the State, service may be made by
certified mail. In that case the clerk shall mail the
summons and a copy of the petition to that respondent by
certified mail marked for delivery to addressee only. The
court shall not proceed with the adjudicatory hearing
until 5 days after the mailing. The regular return receipt
for certified mail is sufficient proof of service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent

HB2488 - 393 - LRB103 26308 AWJ 52668 b
under the designation of "All Whom It May Concern", or if
service cannot be made because the whereabouts of a
respondent are unknown, service may be made by
publication. The clerk of the court as soon as possible
shall cause publication to be made once in a newspaper of
general circulation in the county where the action is
pending. Service by publication is not required in any
case when the person alleged to have legal custody of the
minor has been served with summons personally or by
certified mail, but the court may not enter any order or
judgment against any person who cannot be served with
process other than by publication unless service by
publication is given or unless that person appears.
Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a
trial or a plea of delinquency by the minor. When a minor
has been detained or sheltered under Section 5-501 of this
Act and summons has not been served personally or by
certified mail within 20 days from the date of the order of
court directing such detention or shelter care, the clerk
of the court shall cause publication. Service by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if
there is any respondent under that designation):

HB2488 - 394 - LRB103 26308 AWJ 52668 b
Take notice that on (insert date) a petition was
filed under the Juvenile Court Act of 1987 by .... in
the circuit court of .... county entitled 'In the
interest of ...., a minor', and that in .... courtroom
at .... on (insert date) at the hour of ...., or as
soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to
have the child declared to be a ward of the court under
that Act. The court has authority in this proceeding
to take from you the custody and guardianship of the
minor.
Now, unless you appear at the hearing and show
cause against the petition, the allegations of the
petition may stand admitted as against you and each of
you, and an order or judgment entered.
........................................
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
publication of the notice send a copy of the notice by mail
to each of the respondents on account of whom publication
is made at his or her last known address. The certificate
of the clerk that he or she has mailed the notice is
evidence of that mailing. No other publication notice is
required. Every respondent notified by publication under
this Section must appear and answer in open court at the

HB2488 - 395 - LRB103 26308 AWJ 52668 b
hearing. The court may not proceed with the adjudicatory
hearing until 10 days after service by publication on any
custodial parent, guardian or legal custodian of a minor
alleged to be delinquent.
(d) If it becomes necessary to change the date set for
the hearing in order to comply with this Section, notice
of the resetting of the date must be given, by certified
mail or other reasonable means, to each respondent who has
been served with summons personally or by certified mail.
(3) Once jurisdiction has been established over a
party, further service is not required and notice of any
subsequent proceedings in that prosecution shall be made
in accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian or
legal custodian, or a person named as a respondent in a
petition, in any proceeding under this Act shall
constitute a waiver of service and submission to the
jurisdiction of the court. A copy of the petition shall be
provided to the person at the time of his or her
appearance.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
Section 250. The Criminal Code of 2012 is amended by
changing Sections 9-3.5, 12-20.5, 12-20.6, 31-4, and 33-3.2 as
follows:

HB2488 - 396 - LRB103 26308 AWJ 52668 b
(720 ILCS 5/9-3.5)
Sec. 9-3.5. Concealment of death.
(a) For purposes of this Section, "conceal" means the
performing of some act or acts for the purpose of preventing or
delaying the discovery of a death. "Conceal" means something
more than simply withholding knowledge or failing to disclose
information.
(b) A person commits the offense of concealment of death
when he or she knowingly conceals the death of any other person
who died by other than homicidal means.
(c) A person commits the offense of concealment of death
when he or she knowingly moves the body of a dead person from
its place of death, with the intent of concealing information
regarding the place or manner of death of that person, or the
identity of any person with information regarding the death of
that person. This subsection shall not apply to any movement
of the body of a dead person by medical personnel, fire
fighters, law enforcement officers, coroners, medical
examiners, or licensed funeral directors, or by any person
acting at the direction of medical personnel, fire fighters,
law enforcement officers, coroners, medical examiners, or
licensed funeral directors.
(d) Sentence. Concealment of death is a Class 4 felony.
(Source: P.A. 96-1361, eff. 1-1-11; 97-333, eff. 8-12-11.)
(720 ILCS 5/12-20.5)

HB2488 - 397 - LRB103 26308 AWJ 52668 b
Sec. 12-20.5. Dismembering a human body.
(a) A person commits dismembering a human body when he or
she knowingly dismembers, severs, separates, dissects, or
mutilates any body part of a deceased's body.
(b) This Section does not apply to:
(1) an anatomical gift made in accordance with the
Illinois Anatomical Gift Act;
(2) (blank);
(3) the purchase or sale of drugs, reagents, or other
substances made from human body parts, for the use in
medical or scientific research, treatment, or diagnosis;
(4) persons employed by a county medical examiner's
office or coroner's office acting within the scope of
their employment while performing an autopsy;
(5) the acts of a licensed funeral director or
embalmer while performing acts authorized by the Funeral
Directors and Embalmers Licensing Code;
(6) the acts of emergency medical personnel or
physicians performed in good faith and according to the
usual and customary standards of medical practice in an
attempt to resuscitate a life; or
(7) physicians licensed to practice medicine in all of
its branches or holding a visiting professor, physician,
or resident permit under the Medical Practice Act of 1987,
performing acts in accordance with usual and customary
standards of medical practice, or a currently enrolled

HB2488 - 398 - LRB103 26308 AWJ 52668 b
student in an accredited medical school in furtherance of
his or her education at the accredited medical school.
(c) It is not a defense to a violation of this Section that
the decedent died due to natural, accidental, or suicidal
causes.
(d) Sentence. Dismembering a human body is a Class X
felony.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-20.6)
Sec. 12-20.6. Abuse of a corpse.
(a) In this Section:
"Corpse" means the dead body of a human being.
"Sexual conduct" has the meaning ascribed to the term in
Section 11-0.1 of this Code.
(b) A person commits abuse of a corpse if he or she
intentionally:
(1) engages in sexual conduct with a corpse or
involving a corpse; or
(2) removes or carries away a corpse and is not
authorized by law to do so.
(c) Sentence.
(1) A person convicted of violating paragraph (1) of
subsection (b) of this Section is guilty of a Class 2
felony.
(2) A person convicted of violating paragraph (2) of

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subsection (b) of this Section is guilty of a Class 4
felony.
(d) Paragraph (2) of subsection (b) of this Section does
not apply to:
(1) persons employed by a county medical examiner's
office or coroner's office acting within the scope of
their employment;
(2) the acts of a licensed funeral director or
embalmer while performing acts authorized by the Funeral
Directors and Embalmers Licensing Code;
(3) cemeteries and cemetery personnel while performing
acts pursuant to a bona fide request from the involved
cemetery consumer or his or her heirs, or pursuant to an
interment or disinterment permit or a court order, or as
authorized under Section 14.5 of the Cemetery Protection
Act, or any other actions legally authorized for cemetery
employees;
(4) the acts of emergency medical personnel or
physicians performed in good faith and according to the
usual and customary standards of medical practice in an
attempt to resuscitate a life;
(5) physicians licensed to practice medicine in all of
its branches or holding a visiting professor, physician,
or resident permit under the Medical Practice Act of 1987,
performing acts in accordance with usual and customary
standards of medical practice, or a currently enrolled

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student in an accredited medical school in furtherance of
his or her education at the accredited medical school; or
(6) removing or carrying away a corpse by the
employees, independent contractors, or other persons
designated by the federally designated organ procurement
agency engaged in the organ and tissue procurement
process.
(Source: P.A. 97-1072, eff. 8-24-12.)
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to
prevent the apprehension or obstruct the prosecution or
defense of any person, he or she knowingly commits any of the
following acts:
(1) Destroys, alters, conceals or disguises physical
evidence, plants false evidence, furnishes false
information; or
(2) Induces a witness having knowledge material to the
subject at issue to leave the State or conceal himself or
herself; or
(3) Possessing knowledge material to the subject at
issue, he or she leaves the State or conceals himself; or
(4) If a parent, legal guardian, or caretaker of a
child under 13 years of age reports materially false
information to a law enforcement agency, medical examiner,

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coroner, State's Attorney, or other governmental agency
during an investigation of the disappearance or death of a
child under circumstances described in subsection (a) or
(b) of Section 10-10 of this Code.
(b) Sentence.
(1) Obstructing justice is a Class 4 felony, except as
provided in paragraph (2) of this subsection (b).
(2) Obstructing justice in furtherance of streetgang
related or gang-related activity, as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act, is a Class 3 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)
(720 ILCS 5/33-3.2)
Sec. 33-3.2. Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local
government commits solicitation misconduct (local government)
when, at any time, he or she knowingly solicits or receives
contributions, as that term is defined in Section 9-1.4 of the
Election Code, from a person engaged in a business or activity
over which the person has regulatory authority.
(b) For the purpose of this Section, "chief executive
officer of a local government" means an executive officer of a
county, township or municipal government or any administrative
subdivision under jurisdiction of the county, township, or
municipal government including but not limited to: chairman or

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president of a county board or commission, mayor or village
president, township supervisor, county executive, municipal
manager, assessor, auditor, clerk, medical examiner coroner,
recorder, sheriff or State's Attorney; "employee of a chief
executive officer of a local government" means a full-time or
part-time salaried employee, full-time or part-time salaried
appointee, or any contractual employee of any office, board,
commission, agency, department, authority, administrative
unit, or corporate outgrowth under the jurisdiction of a chief
executive officer of a local government; and "regulatory
authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to
the requirements of any State, local, or federal statute or
regulation relating to the business or activity.
(c) An employee of a chief executive officer of a local
government, including one who does not have regulatory
authority, commits a violation of this Section if that
employee knowingly acts in concert with an employee of a chief
executive officer of a local government who does have
regulatory authority to solicit or receive contributions in
violation of this Section.
(d) Solicitation misconduct (local government) is a Class
A misdemeanor. An employee of a chief executive officer of a
local government convicted of committing solicitation
misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local

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government who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts done
by the employee or on behalf of the employee or others in
furtherance of the enforcement of this Section shall be
entitled to all relief necessary to make the employee whole.
(f) Any person who knowingly makes a false report of
solicitation misconduct (local government) to the Illinois
State Police, the Attorney General, a State's Attorney, or any
law enforcement official is guilty of a Class C misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 255. The Code of Criminal Procedure of 1963 is
amended by changing Sections 107-15, 107-16, 115-5.1, 115-17,
and 119-5 as follows:
(725 ILCS 5/107-15)
Sec. 107-15. Fresh pursuit. When the fact that a felony
has been committed comes to the knowledge of a sheriff or
medical examiner coroner, fresh pursuit shall be forthwith
made after every person guilty of the felony, by the sheriff,
medical examiner coroner, and all other persons who is by any
one of them commanded or summoned for that purpose; every such
officer who does not do his or her duty in the premises is
guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)

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(725 ILCS 5/107-16)
Sec. 107-16. Apprehension of offender. It is the duty of
every sheriff, medical examiner coroner, and every marshal,
policeman, or other officer of an incorporated city, town, or
village, having the power of a sheriff, when a criminal
offense or breach of the peace is committed or attempted in his
or her presence, forthwith to apprehend the offender and bring
him or her before a judge, to be dealt with according to law;
to suppress all riots and unlawful assemblies, and to keep the
peace, and without delay to serve and execute all warrants and
other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)
(725 ILCS 5/115-5.1) (from Ch. 38, par. 115-5.1)
Sec. 115-5.1. In any civil or criminal action the records
of the medical examiner's coroner's medical or laboratory
examiner summarizing and detailing the performance of his or
her official duties in performing medical examinations upon
deceased persons or autopsies, or both, and kept in the
ordinary course of business of the medical examiner's
coroner's office, duly certified by the county coroner or
chief supervisory coroner's pathologist or medical examiner,
or the medical examiner's designee, shall be received as
competent evidence in any court of this State, to the extent
permitted by this Section. These reports, specifically

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including but not limited to the pathologist's protocol,
autopsy reports and toxicological reports, shall be public
documents and thereby may be admissible as prima facie
evidence of the facts, findings, opinions, diagnoses and
conditions stated therein.
A duly certified medical examiner's coroner's protocol or
autopsy report, or both, complying with the requirements of
this Section may be duly admitted into evidence as an
exception to the hearsay rule as prima facie proof of the cause
of death of the person to whom it relates. The records referred
to in this Section shall be limited to the records of the
results of post-mortem examinations of the findings of autopsy
and toxicological laboratory examinations.
Persons who prepare reports or records offered in evidence
hereunder may be subpoenaed as witnesses in civil or criminal
cases upon the request of either party to the cause. However,
if such person is dead, the county medical examiner coroner or
a duly authorized official of the medical examiner's coroner's
office may testify to the fact that the examining pathologist,
toxicologist or other medical or laboratory examiner is
deceased and that the offered report or record was prepared by
such deceased person. The witness must further attest that the
medical report or record was prepared in the ordinary and
usual course of the deceased person's duty or employment in
conformity with the provisions of this Section.
(Source: P.A. 82-783.)

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(725 ILCS 5/115-17)
Sec. 115-17. Clerk; issuance of subpoenas. It is the duty
of the clerk of the court to issue subpoenas, either on the
part of the people or of the accused, directed to the sheriff
or medical examiner coroner of any county of this State. An
attorney admitted to practice in the State of Illinois, as an
officer of the court, may also issue subpoenas in a pending
action. A witness who is duly subpoenaed who neglects or
refuses to attend any court, under the requisitions of the
subpoena, shall be proceeded against and punished for contempt
of the court. Attachments against witnesses who live in a
different county from that where the subpoena is returnable
may be served in the same manner as warrants are directed to be
served out of the county from which they issue.
(Source: P.A. 96-485, eff. 1-1-10.)
(725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
Sec. 119-5. Execution of Death Sentence.
(a)(1) A defendant sentenced to death shall be executed by
an intravenous administration of a lethal quantity of an
ultrashort-acting barbiturate in combination with a
chemical paralytic agent and potassium chloride or other
equally effective substances sufficient to cause death
until death is pronounced by a medical examiner coroner
who is not a licensed physician.

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(2) If the execution of the sentence of death as
provided in paragraph (1) is held illegal or
unconstitutional by a reviewing court of competent
jurisdiction, the sentence of death shall be carried out
by electrocution.
(b) In pronouncing the sentence of death the court shall
set the date of the execution which shall be not less than 60
nor more than 90 days from the date sentence is pronounced.
(c) A sentence of death shall be executed at a Department
of Corrections facility.
(d) The warden of the penitentiary shall supervise such
execution, which shall be conducted in the presence of 6
witnesses who shall certify the execution of the sentence. The
certification shall be filed with the clerk of the court that
imposed the sentence.
(d-5) The Department of Corrections shall not request,
require, or allow a health care practitioner licensed in
Illinois, including but not limited to physicians and nurses,
regardless of employment, to participate in an execution.
(e) Except as otherwise provided in this subsection (e),
the identity of executioners and other persons who participate
or perform ancillary functions in an execution and information
contained in records that would identify those persons shall
remain confidential, shall not be subject to disclosure, and
shall not be admissible as evidence or be discoverable in any
action of any kind in any court or before any tribunal, board,

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agency, or person. In order to protect the confidentiality of
persons participating in an execution, the Director of
Corrections may direct that the Department make payments in
cash for such services. In confidential investigations by the
Department of Professional Regulation, the Department of
Corrections shall disclose the names and license numbers of
health care practitioners participating or performing
ancillary functions in an execution to the Department of
Professional Regulation and the Department of Professional
Regulation shall forward those names and license numbers to
the appropriate disciplinary boards.
(f) The amendatory changes to this Section made by this
amendatory Act of 1991 are severable under Section 1.31 of the
Statute on Statutes.
(g) (Blank).
(h) Notwithstanding any other provision of law, any
pharmaceutical supplier is authorized to dispense drugs to the
Director of Corrections or his or her designee, without
prescription, in order to carry out the provisions of this
Section.
(i) The amendatory changes to this Section made by this
amendatory Act of the 93rd General Assembly are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 93-379, eff. 7-24-03.)
Section 260. The County Jail Act is amended by changing

HB2488 - 409 - LRB103 26308 AWJ 52668 b
Section 8 as follows:
(730 ILCS 125/8) (from Ch. 75, par. 108)
Sec. 8. The Sheriff may be imprisoned in the jail of his
county, and for the time he is so imprisoned, the medical
examiner coroner shall be warden of the jail, and perform all
the duties of the sheriff in regard thereto, and shall, by
himself and his sureties, be answerable for the faithful
discharge of his duties as such warden.
(Source: P.A. 83-1073.)
Section 265. The Department of Juvenile Justice Mortality
Review Team Act is amended by changing Sections 15, 20, and 35
as follows:
(730 ILCS 195/15)
Sec. 15. Mortality review teams; establishment.
(a) Upon the occurrence of the death of any youth in the
Department's custody, the Director shall appoint members and a
chairperson to a mortality review team. The Director shall
make the appointments within 30 days after the youth's death.
(b) Each mortality review team shall consist of at least
one member from each of the following categories:
(1) Pediatrician or other physician.
(2) Representative of the Department.
(3) State's Attorney or State's Attorney

HB2488 - 410 - LRB103 26308 AWJ 52668 b
representative.
(4) Representative of a local law enforcement agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Designee of the Board of Education of the
Department of Juvenile Justice School District created
under Section 13-40 of the School Code.
(8) Medical examiner Coroner or forensic pathologist.
(9) Representative of a juvenile justice advocacy
organization.
(10) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(11) Representative of the Illinois State Police.
(12) Representative of the Office of the Governor's
Executive Inspector General.
A mortality review team may make recommendations to the
Director concerning additional appointments.
(c) Each mortality review team member must have
demonstrated experience or an interest in the welfare of youth
in State custody.
(d) The mortality review teams shall be funded in the
Department's annual budget to provide for the travel expenses
of team members and professional services engaged by the team.
(e) If a death of a youth in the Department's custody
occurs while a prior youth death is under review by a team
pursuant to this Act, the Director may request that the team

HB2488 - 411 - LRB103 26308 AWJ 52668 b
review the subsequent death.
(f) Upon the conclusion of all reporting required under
Sections 20, 25, and 30 with respect to a death reviewed by a
team, all appointments to the team shall expire.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 195/20)
Sec. 20. Reviews of youth deaths.
(a) A mortality review team shall review every death of a
youth that occurs within a facility of the Department or as the
result of an act or incident occurring within a facility of the
Department, including deaths resulting from suspected illness,
injury, or self-harm or from an unknown cause.
(b) If the medical examiner coroner of the county in which
a youth died determines that the youth's death was the direct
or proximate result of alleged or suspected criminal activity,
the mortality review team's investigation shall be in addition
to any criminal investigation of the death but shall be
limited to a review of systems and practices of the
Department. In the course of conducting its review, the team
shall obtain assurance from law enforcement officials that
acts taken in furtherance of the review will not impair any
criminal investigation or prosecution.
(c) A mortality review team's purpose in conducting a
review of a youth death is to do the following:
(1) Assist in determining the cause and manner of the

HB2488 - 412 - LRB103 26308 AWJ 52668 b
youth's death, if requested.
(2) Evaluate any means by which the death might have
been prevented, including, but not limited to, the
evaluation of the Department's systems for the following:
(A) Training.
(B) Assessment and referral for services.
(C) Communication.
(D) Housing.
(E) Supervision of youth.
(F) Intervention in critical incidents.
(G) Reporting.
(H) Follow-up and mortality review following
critical incidents or youth deaths.
(3) Recommend continuing education and training for
Department staff.
(4) Make specific recommendations to the Director
concerning the prevention of deaths of youth in the
Department's custody.
(d) A mortality review team shall review a youth death as
soon as practicable and not later than within 90 days after a
law enforcement agency's completion of its investigation if
the death is the result of alleged or suspected criminal
activity. If there has been no investigation by a law
enforcement agency, the mortality review team shall review a
youth's death within 90 days after obtaining the information
necessary to complete the review from the coroner,

HB2488 - 413 - LRB103 26308 AWJ 52668 b
pathologist, medical examiner, or law enforcement agency,
depending on the nature of the case. The team shall meet as
needed in person or via teleconference or video conference
following appointment of the team members. When necessary and
upon request of the team, the Director may extend the deadline
for a review up to an additional 90 days.
(Source: P.A. 96-1378, eff. 7-29-10.)
(730 ILCS 195/35)
Sec. 35. Team access to information.
(a) The Department shall provide to a mortality review
team, on the request of the team's chairperson, all records
and information in the Department's possession that are
relevant to the team's review of a youth death.
(b) The mortality review team shall have access to all
records and information that are relevant to its review of a
youth death and in the possession of a State or local
governmental agency, including, without limitation, birth
certificates, all relevant medical and mental health records,
records of law enforcement agency investigations, records of
coroner or medical examiner investigations, records of a
probation and court services department regarding the youth,
and records of a social services agency that provided services
to the youth or the youth's family.
(c) Each appointed member of a mortality review team shall
sign an acknowledgement upon appointment and before

HB2488 - 414 - LRB103 26308 AWJ 52668 b
participating in meetings or review of records acknowledging
the confidentiality of information obtained in the course of
the team's review and containing the member's agreement not to
reproduce or distribute confidential information obtained in
the course of the review.
(Source: P.A. 96-1378, eff. 7-29-10.)
Section 270. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-9-6, and 3-13-4 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment, and
rehabilitation, and to accept federal prisoners and
noncitizens over whom the Office of the Federal Detention
Trustee is authorized to exercise the federal detention
function for limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In

HB2488 - 415 - LRB103 26308 AWJ 52668 b
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services),
the Department of Corrections shall develop a master plan
for the screening and evaluation of persons committed to
its custody who have alcohol or drug abuse problems, and
for making appropriate treatment available to such
persons; the Department shall report to the General
Assembly on such plan not later than April 1, 1987. The
maintenance and implementation of such plan shall be
contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
State Police, a program for tracking and evaluating each

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inmate from commitment through release for recording his
or her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter
into an agreement of the type described in subsection (d)
of Section 405-300 of the Department of Central Management
Services Law. The Department shall designate those
institutions which shall constitute the State Penitentiary
System. The Department of Juvenile Justice shall maintain
and administer all State youth centers pursuant to
subsection (d) of Section 3-2.5-20.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling, or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling, or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not

HB2488 - 417 - LRB103 26308 AWJ 52668 b
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation, and employment of committed persons within

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its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons
to induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up
the trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,

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or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics, and
planning.
(h) To investigate the grievances of any person
committed to the Department and to inquire into any
alleged misconduct by employees or committed persons; and
for these purposes it may issue subpoenas and compel the
attendance of witnesses and the production of writings and
papers, and may examine under oath any witnesses who may
appear before it; to also investigate alleged violations
of a parolee's or releasee's conditions of parole or
release; and for this purpose it may issue subpoenas and

HB2488 - 420 - LRB103 26308 AWJ 52668 b
compel the attendance of witnesses and the production of
documents only if there is reason to believe that such
procedures would provide evidence that such violations
have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees
or alleged violations of a parolee's or releasee's
conditions of parole shall be conservators of the peace
for those purposes, and shall have the full power of peace
officers outside of the facilities of the Department in
the protection, arrest, retaking, and reconfining of
committed persons or where the exercise of such power is
necessary to the investigation of such misconduct or
violations. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with other departments and agencies

HB2488 - 421 - LRB103 26308 AWJ 52668 b
and with local communities for the development of
standards and programs for better correctional services in
this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the
committed persons, institutions, and programs of the
Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.

HB2488 - 422 - LRB103 26308 AWJ 52668 b
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the
rules governing their conduct while in work release. This
program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.

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(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational, and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing
inter-gang affiliation or alliance; and (3) the current
leaders in each gang. The Department shall promptly
segregate leaders from inmates who belong to their gangs
and allied gangs. "Segregate" means no physical contact
and, to the extent possible under the conditions and space
available at the correctional facility, prohibition of
visual and sound communication. For the purposes of this
paragraph (r-10), "leaders" means persons who:

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(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are
disruptive or dangerous and provide for the safety and
security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of

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recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, medical examiners
coroners, and police officers, or to any particular person
named in the order. Any order issued pursuant to this
subdivision (1)(u-5) shall be sufficient warrant for the
officer or person named in the order to arrest and deliver

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the committed person to the proper correctional officials
and shall be executed the same as criminal process.
(u-6) To appoint a point of contact person who shall
receive suggestions, complaints, or other requests to the
Department from visitors to Department institutions or
facilities and from other members of the public.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds

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have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1030, eff. 5-27-22.)
(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6)
Sec. 3-9-6. Unauthorized Absence. Whenever a person
committed to the Department of Juvenile Justice absconds or
absents himself or herself without authority to do so, from
any facility or program to which he or she is assigned, he or
she may be held in custody for return to the proper

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correctional official by the authorities or whomsoever
directed, when an order is certified by the Director of
Juvenile Justice or a person duly designated by the Director,
with the seal of the Department of Juvenile Justice attached.
The person so designated by the Director of Juvenile Justice
with such seal attached may be one or more persons and the
appointment shall be made as a ministerial one with no
recordation or notice necessary as to the designated
appointees. The order shall be directed to all sheriffs,
medical examiners coroners, police officers, keepers or
custodians of jails or other detention facilities whether in
or out of the State of Illinois, or to any particular person
named in the order.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)
Sec. 3-13-4. Rules and Sanctions.)
(a) The Department shall establish rules governing release
status and shall provide written copies of such rules to both
the committed person on work or day release and to the employer
or other person responsible for the individual. Such employer
or other responsible person shall agree to abide by such
rules, notify the Department of any violation thereof by the
individual on release status, and notify the Department of the
discharge of the person from work or other programs.
(b) If a committed person violates any rule, the

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Department may impose sanctions appropriate to the violation.
The Department shall provide sanctions for unauthorized
absences which shall include prosecution for escape under
Section 3-6-4.
(c) An order certified by the Director, Assistant
Director, or the Supervisor of the Apprehension Unit, or a
person duly designated by him or her, with the seal of the
Department of Corrections attached and directed to all
sheriffs, medical examiners coroners, police officers, or to
any particular persons named in the order shall be sufficient
warrant for the officer or person named therein to arrest and
deliver the violator to the proper correctional official. Such
order shall be executed the same as criminal processes.
In the event that a work-releasee is arrested for another
crime, the sheriff or police officer shall hold the releasee
in custody until he notifies the nearest Office of Field
Services or any of the above-named persons designated in this
Section to certify the particular process or warrant.
(d) Not less than 15 days prior to any person being placed
in a work release facility, the Department of Corrections
shall provide to the State's Attorney and Sheriff of the
county in which the work release center is located, relevant
identifying information concerning the person to be placed in
the work release facility. Such information shall include, but
not be limited to, such identifying information as name, age,
physical description, photograph, the offense, and the

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sentence for which the person is serving time in the
Department of Corrections, and like information. The
Department of Corrections shall, in addition, give written
notice not less than 15 days prior to the placement to the
State's Attorney of the county from which the offender was
originally sentenced.
(Source: P.A. 97-1083, eff. 8-24-12.)
Section 280. The Code of Civil Procedure is amended by
changing Sections 2-202, 4-110, 8-2201, 10-110, 11-106,
12-201, 12-204, and 12-205 and changing the heading of Part 22
of Article VIII as follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; place of
service; failure to make return.
(a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a medical examiner coroner of some county
of the State. In matters where the county or State is an
interested party, process may be served by a special
investigator appointed by the State's Attorney of the county,
as defined in Section 3-9005 of the Counties Code. A sheriff of
a county with a population of less than 2,000,000 may employ
civilian personnel to serve process. In counties with a
population of less than 2,000,000, process may be served,
without special appointment, by a person who is licensed or

HB2488 - 431 - LRB103 26308 AWJ 52668 b
registered as a private detective under the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 or by a registered employee of a private
detective agency certified under that Act as defined in
Section (a-5). A private detective or licensed employee must
supply the sheriff of any county in which he serves process
with a copy of his license or certificate; however, the
failure of a person to supply the copy shall not in any way
impair the validity of process served by the person. The court
may, in its discretion upon motion, order service to be made by
a private person over 18 years of age and not a party to the
action. It is not necessary that service be made by a sheriff
or medical examiner coroner of the county in which service is
made. If served or sought to be served by a sheriff or medical
examiner coroner, he or she shall endorse his or her return
thereon, and if by a private person the return shall be by
affidavit.
(a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private

HB2488 - 432 - LRB103 26308 AWJ 52668 b
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. A private detective or
private detective agency shall send, one time only, a copy of
his, her, or its individual private detective license or
private detective agency certificate to the county sheriff in
each county in which the detective or detective agency or his,
her, or its employees serve process, regardless of the size of
the population of the county. As long as the license or
certificate is valid and meets the requirements of the
Department of Financial and Professional Regulation, a new
copy of the current license or certificate need not be sent to
the sheriff. A private detective agency shall maintain a list
of its registered employees. Registered employees shall
consist of:
(1) an employee who works for the agency holding a
valid Permanent Employee Registration Card;
(2) a person who has applied for a Permanent Employee
Registration Card, has had his or her fingerprints
processed and cleared by the Illinois State Police and the
FBI, and as to whom the Department of Financial and
Professional Regulation website shows that the person's
application for a Permanent Employee Registration Card is
pending;
(3) a person employed by a private detective agency
who is exempt from a Permanent Employee Registration Card
requirement because the person is a current peace officer;

HB2488 - 433 - LRB103 26308 AWJ 52668 b
and
(4) a private detective who works for a private
detective agency as an employee.
A detective agency shall maintain this list and forward it to
any sheriff's department that requests this list within 5
business days after the receipt of the request.
(b) Summons may be served upon the defendants wherever
they may be found in the State, by any person authorized to
serve process. An officer may serve summons in his or her
official capacity outside his or her county, but fees for
mileage outside the county of the officer cannot be taxed as
costs. The person serving the process in a foreign county may
make return by mail.
(c) If any sheriff, medical examiner coroner, or other
person to whom any process is delivered, neglects or refuses
to make return of the same, the plaintiff may petition the
court to enter a rule requiring the sheriff, medical examiner
coroner, or other person, to make return of the process on a
day to be fixed by the court, or to show cause on that day why
that person should not be attached for contempt of the court.
The plaintiff shall then cause a written notice of the rule to
be served on the sheriff, medical examiner coroner, or other
person. If good and sufficient cause be not shown to excuse the
officer or other person, the court shall adjudge him or her
guilty of a contempt, and shall impose punishment as in other
cases of contempt.

HB2488 - 434 - LRB103 26308 AWJ 52668 b
(d) If process is served by a sheriff, medical examiner
coroner, or special investigator appointed by the State's
Attorney, the court may tax the fee of the sheriff, medical
examiner coroner, or State's Attorney's special investigator
as costs in the proceeding. If process is served by a private
person or entity, the court may establish a fee therefor and
tax such fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for eviction actions commenced
by that housing authority and may execute eviction orders for
that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under
Article IX of this Code as a result of a lessor or lessor's
assignee declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(735 ILCS 5/4-110) (from Ch. 110, par. 4-110)
Sec. 4-110. Order for attachment. The order for attachment
required in the preceding section shall be directed to the
sheriff (and, for purpose only of service of summons, to any

HB2488 - 435 - LRB103 26308 AWJ 52668 b
person authorized to serve summons), or in case the sheriff is
interested, or otherwise disqualified or prevented from
acting, to the medical examiner coroner of the county in which
the action is commenced, and shall be made returnable on a
return day designated by the plaintiff, which day shall not be
less than 10 days or more than 60 days after its date. Such
order shall order the officer to attach so much of the estate,
real or personal, of the defendant, to be found in the county,
as shall be of value sufficient to satisfy the debt and costs,
according to the affidavit, but in case any specific property
of the defendant, found in the county, shall be described in
the order, then the officer shall attach the described
property only, and no other property. Such estate or property
shall be so attached in the possession of the officer to
secure, or so to provide, that the same may be liable to
further proceedings thereupon, according to law. The order
shall also direct that the officer summon the defendant to
appear and answer the complaint of the plaintiff in court at a
specified time or, at defendant's option, to appear at any
time prior thereto and move the court to set a hearing on the
order for the attachment or affidavit; and that the officer
also summon any specified garnishees, to be and appear in
court at a specified time to answer to what may be held by them
for the defendant.
(Source: P.A. 83-707.)

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(735 ILCS 5/Art. VIII Pt. 22 heading)
Part 22. Medical examiner's Coroner's records
(735 ILCS 5/8-2201) (from Ch. 110, par. 8-2201)
Sec. 8-2201. Admissibility of medical examiner's coroner's
records. In actions or proceedings 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 medical examiner's coroner's verdict
returned upon the inquisition, nor a copy thereof, shall be
admissible as evidence to prove or establish any of the facts
in controversy in such action or proceeding.
(Source: P.A. 82-280.)
(735 ILCS 5/10-110) (from Ch. 110, par. 10-110)
Sec. 10-110. Service of order. The habeas corpus order may
be served by the sheriff, medical examiner coroner or any
person appointed for that purpose by the court which entered
the order; if served by a person not an officer, he or she
shall have the same power, and be liable to the same penalty
for non-performance of his or her duty, as though he or she
were sheriff.
(Source: P.A. 83-707.)
(735 ILCS 5/11-106) (from Ch. 110, par. 11-106)

HB2488 - 437 - LRB103 26308 AWJ 52668 b
Sec. 11-106. Injunctive relief on Saturday, Sunday or
legal holiday. When an application is made on a Saturday,
Sunday, legal holiday or on a day when courts are not in
session for injunctive relief and there is filed with the
complaint an affidavit of the plaintiff, or his, her or their
agent or attorney, stating that the benefits of injunctive
relief will be lost or endangered, or irremediable damage
occasioned unless such injunctive relief is immediately
granted, and stating the bases for such alleged consequence,
and if it appears to the court from such affidavit that the
benefits of injunctive relief will be lost or endangered, or
irremediable damage occasioned unless such injunctive relief
is immediately granted, and if the plaintiff otherwise is
entitled to such relief under the law, the court may grant
injunctive relief on a Saturday, Sunday, legal holiday, or on
a day when courts are not in session; and it shall be lawful
for the clerk to certify, and for the sheriff or medical
examiner coroner to serve such order for injunctive relief on
a Saturday, Sunday, legal holiday or on a day when courts are
not in session as on any other day, and all affidavits and
bonds made and proceedings had in such case shall have the same
force and effect as if made or had on any other day.
(Source: P.A. 98-756, eff. 7-16-14.)
(735 ILCS 5/12-201) (from Ch. 110, par. 12-201)
Sec. 12-201. Procedure. (a) Whenever a judgment or order

HB2488 - 438 - LRB103 26308 AWJ 52668 b
of attachment, entered by any court, shall be levied by any
sheriff or medical examiner coroner upon any personal
property, and such property is claimed by any person other
than the judgment debtor or defendant in such attachment, or
is claimed by the judgment debtor or defendant in attachment
as exempt from levy or attachment by virtue of the exemption
laws of the State, by giving to the sheriff or medical examiner
coroner notice, in writing, of his or her claim, and intention
to prosecute the same, it shall be the duty of such sheriff or
medical examiner coroner to notify the circuit court of such
claim.
(b) The court shall thereupon cause the proceeding to be
entered of record, and the claimant shall be made plaintiff in
the proceeding, and the judgment creditor or plaintiff in
attachment shall be made defendant in such proceeding.
(c) The clerk of the circuit court shall thereupon issue a
notice, directed to the judgment creditor or plaintiff in
attachment, notifying him or her of such claim, and of the time
and place of trial, which time shall be not more than 10 days
nor less than 5 days from the date of such notice.
(d) Such notice shall be served in the same manner as
provided for the service of summons in other civil cases, at
least 5 days before the day of trial; and if such notice is
served less than 5 days before the day of trial, the trial
shall, on demand of either party, be continued for a period not
exceeding 10 days.

HB2488 - 439 - LRB103 26308 AWJ 52668 b
(e) In case return is made on such notice that the judgment
creditor or plaintiff in attachment cannot be found, the
proceeding shall be continued for a period not exceeding 90
days, and the judgment creditor or plaintiff in attachment
shall be notified of such proceeding by publication as in
other civil cases.
(f) If the judgment creditor or plaintiff in attachment,
or his or her attorney, shall at least 5 days before the day of
trial, file with the clerk of the circuit court his or her
appearance in such proceeding, then it shall not be necessary
to notify such person as above provided.
(Source: P.A. 82-280.)
(735 ILCS 5/12-204) (from Ch. 110, par. 12-204)
Sec. 12-204. Trial and judgment. The court or the jury
shall determine the rights of the parties and the court shall
enter judgment accordingly, and the court shall direct the
sheriff or medical examiner coroner as to the disposition of
the property in the possession of the sheriff or medical
examiner coroner. In case the property appears to belong to
the claimant, when the claimant is any person other than the
judgment debtor or the defendant in the attachment, or in case
the property is found to be exempt from enforcement of a
judgment thereon or attachment, when the claimant is the
judgment debtor or the defendant in the attachment, judgment
shall be entered against the judgment creditor or plaintiff in

HB2488 - 440 - LRB103 26308 AWJ 52668 b
the attachment for the costs, and the property levied on shall
be released, and in case it further appears that such claimant
is entitled to the immediate possession of such property, the
court shall order that such property be delivered to such
claimant. If it appears that the property does not belong to
the claimant, or is not exempt from the enforcement of a
judgment thereon or attachment, as the case may be, judgment
shall be entered against the claimant for costs, and an order
shall be entered that the sheriff or medical examiner coroner
proceed to sell the property levied on. The judgment in such
cases shall be a complete indemnity to the sheriff or medical
examiner coroner in selling or restoring any such property, as
the case may be.
(Source: P.A. 82-280.)
(735 ILCS 5/12-205) (from Ch. 110, par. 12-205)
Sec. 12-205. Costs. If the judgment is entered in favor of
the claimant as to part of the property, and in favor of
another party as to part, then the court shall in its
discretion apportion the costs; and the sheriff, medical
examiner coroner and clerk of the court shall be entitled to
the same fees as are allowed by law for similar services.
(Source: P.A. 82-280.)
Section 285. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing

HB2488 - 441 - LRB103 26308 AWJ 52668 b
Section 10 as follows:
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
Sec. 10. (a) Except as provided herein, in any civil,
criminal, administrative, or legislative proceeding, or in any
proceeding preliminary thereto, a recipient, and a therapist
on behalf and in the interest of a recipient, has the privilege
to refuse to disclose and to prevent the disclosure of the
recipient's record or communications.
(1) Records and communications may be disclosed in a
civil, criminal or administrative proceeding in which the
recipient introduces his mental condition or any aspect of
his services received for such condition as an element of
his claim or defense, if and only to the extent the court
in which the proceedings have been brought, or, in the
case of an administrative proceeding, the court to which
an appeal or other action for review of an administrative
determination may be taken, finds, after in camera
examination of testimony or other evidence, that it is
relevant, probative, not unduly prejudicial or
inflammatory, and otherwise clearly admissible; that other
satisfactory evidence is demonstrably unsatisfactory as
evidence of the facts sought to be established by such
evidence; and that disclosure is more important to the
interests of substantial justice than protection from
injury to the therapist-recipient relationship or to the

HB2488 - 442 - LRB103 26308 AWJ 52668 b
recipient or other whom disclosure is likely to harm.
Except in a criminal proceeding in which the recipient,
who is accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost of
services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage and
Dissolution of Marriage Act, or in any action in which
pain and suffering is an element of the claim, mental
condition shall not be deemed to be introduced merely by
making such claim and shall be deemed to be introduced
only if the recipient or a witness on his behalf first
testifies concerning the record or communication.
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any party
claiming or defending through or as a beneficiary of the
recipient, provided the court finds, after in camera
examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the facts

HB2488 - 443 - LRB103 26308 AWJ 52668 b
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed by
a recipient, or, following the recipient's death, by any
party claiming as a beneficiary of the recipient for
injury caused in the course of providing services to such
recipient, the therapist and other persons whose actions
are alleged to have been the cause of injury may disclose
pertinent records and communications to an attorney or
attorneys engaged to render advice about and to provide
representation in connection with such matter and to
persons working under the supervision of such attorney or
attorneys, and may testify as to such records or
communication in any administrative, judicial or discovery
proceeding for the purpose of preparing and presenting a
defense against such claim or action.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a
party or in appropriate pretrial proceedings, provided
such court has found that the recipient has been as
adequately and as effectively as possible informed before

HB2488 - 444 - LRB103 26308 AWJ 52668 b
submitting to such examination that such records and
communications would not be considered confidential or
privileged. Such records and communications shall be
admissible only as to issues involving the recipient's
physical or mental condition and only to the extent that
these are germane to such proceedings.
(5) Records and communications may be disclosed in a
proceeding under the Probate Act of 1975, to determine a
recipient's competency or need for guardianship, provided
that the disclosure is made only with respect to that
issue.
(6) Records and communications may be disclosed to a
court-appointed therapist, psychologist, or psychiatrist
for use in determining a person's fitness to stand trial
if the records were made within the 180-day period
immediately preceding the date of the therapist's,
psychologist's or psychiatrist's court appointment. These
records and communications shall be admissible only as to
the issue of the person's fitness to stand trial. Records
and communications may be disclosed when such are made
during treatment which the recipient is ordered to undergo
to render him fit to stand trial on a criminal charge,
provided that the disclosure is made only with respect to
the issue of fitness to stand trial.
(7) Records and communications of the recipient may be
disclosed in any civil or administrative proceeding

HB2488 - 445 - LRB103 26308 AWJ 52668 b
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent that
the recipient's mental condition, or treatment or services
in connection therewith, is a material element of any
claim or defense of any party, provided that information
sought or disclosed shall not be redisclosed except in
connection with the proceeding in which disclosure is
made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary
thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may be
disclosed in investigations of and trials for homicide
when the disclosure relates directly to the fact or
immediate circumstances of the homicide.
(10) Records and communications of a deceased
recipient shall be disclosed to a medical examiner coroner
conducting a preliminary investigation into the
recipient's death under Section 3-3013 of the Counties
Code.

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(11) Records and communications of a recipient shall
be disclosed in a proceeding where a petition or motion is
filed under the Juvenile Court Act of 1987 and the
recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a minor
who is the subject of a petition for wardship as described
in Section 2-4 of that Act alleging the minor is abused,
neglected, or dependent or the recipient is named as a
parent of a child who is the subject of a petition,
supplemental petition, or motion to appoint a guardian
with the power to consent to adoption under Section 2-29
of the Juvenile Court Act of 1987.
(12) Records and communications of a recipient may be
disclosed when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient; however,
disclosure shall be limited to information needed to
pursue collection, and the information so disclosed may
not be used for any other purposes nor may it be
redisclosed except in connection with collection
activities. Whenever records are disclosed pursuant to
this subdivision (12), the recipient of the records shall
be advised in writing that any person who discloses mental
health records and communications in violation of this Act

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may be subject to civil liability pursuant to Section 15
of this Act or to criminal penalties pursuant to Section
16 of this Act or both.
(b) Before a disclosure is made under subsection (a), any
party to the proceeding or any other interested person may
request an in camera review of the record or communications to
be disclosed. The court or agency conducting the proceeding
may hold an in camera review on its own motion. When, contrary
to the express wish of the recipient, the therapist asserts a
privilege on behalf and in the interest of a recipient, the
court may require that the therapist, in an in camera hearing,
establish that disclosure is not in the best interest of the
recipient. The court or agency may prevent disclosure or limit
disclosure to the extent that other admissible evidence is
sufficient to establish the facts in issue. The court or
agency may enter such orders as may be necessary in order to
protect the confidentiality, privacy, and safety of the
recipient or of other persons. Any order to disclose or to not
disclose shall be considered a final order for purposes of
appeal and shall be subject to interlocutory appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may request

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records only for the purposes of investigating or studying
possible violations of recipient rights. The request shall
state the purpose for which disclosure is sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian, and
therapist of their right to object to the disclosure within 10
business days after receipt of the notification and shall
include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has been
filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications to the committee, commission or subcommittee.
If an objection has been filed within 15 business days after
the request for disclosure, the facility shall disclose the
records and communications only after the committee,
commission or subcommittee has permitted the recipient,
guardian or therapist to present his objection in person
before it and has renewed its request for disclosure by a
majority vote of its members.
Disclosure under this subsection shall not occur until all
personally identifiable data of the recipient and provider are
removed from the records and communications. Disclosure under
this subsection shall not occur in any public proceeding.

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(d) No party to any proceeding described under paragraphs
(1), (2), (3), (4), (7), or (8) of subsection (a) of this
Section, nor his or her attorney, shall serve a subpoena
seeking to obtain access to records or communications under
this Act unless the subpoena is accompanied by a written order
issued by a judge or by the written consent under Section 5 of
this Act of the person whose records are being sought,
authorizing the disclosure of the records or the issuance of
the subpoena. No such written order shall be issued without
written notice of the motion to the recipient and the
treatment provider. Prior to issuance of the order, each party
or other person entitled to notice shall be permitted an
opportunity to be heard pursuant to subsection (b) of this
Section. In the absence of the written consent under Section 5
of this Act of the person whose records are being sought, no
person shall comply with a subpoena for records or
communications under this Act, unless the subpoena is
accompanied by a written order authorizing the issuance of the
subpoena or the disclosure of the records. Each subpoena
issued by a court or administrative agency or served on any
person pursuant to this subsection (d) shall include the
following language: "No person shall comply with a subpoena
for mental health records or communications pursuant to
Section 10 of the Mental Health and Developmental Disabilities
Confidentiality Act, 740 ILCS 110/10, unless the subpoena is
accompanied by a written order that authorizes the issuance of

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the subpoena and the disclosure of records or communications
or by the written consent under Section 5 of that Act of the
person whose records are being sought."
(e) When a person has been transported by a peace officer
to a mental health facility, then upon the request of a peace
officer, if the person is allowed to leave the mental health
facility within 48 hours of arrival, excluding Saturdays,
Sundays, and holidays, the facility director shall notify the
local law enforcement authority prior to the release of the
person. The local law enforcement authority may re-disclose
the information as necessary to alert the appropriate
enforcement or prosecuting authority.
(f) A recipient's records and communications shall be
disclosed to the Inspector General of the Department of Human
Services within 10 business days of a request by the Inspector
General (i) in the course of an investigation authorized by
the Department of Human Services Act and applicable rule or
(ii) during the course of an assessment authorized by the
Abuse of Adults with Disabilities Intervention Act and
applicable rule. The request shall be in writing and signed by
the Inspector General or his or her designee. The request
shall state the purpose for which disclosure is sought. Any
person who knowingly and willfully refuses to comply with such
a request is guilty of a Class A misdemeanor. A recipient's
records and communications shall also be disclosed pursuant to
subsection (s) of Section 1-17 of the Department of Human

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Services Act in testimony at Health Care Worker Registry
hearings or preliminary proceedings when such are relevant to
the matter in issue, provided that any information so
disclosed shall not be utilized for any other purpose nor be
redisclosed except in connection with such action or
preliminary proceedings.
(Source: P.A. 99-78, eff. 7-20-15; 100-432, eff. 8-25-17.)
Section 290. The Domestic Violence Fatality Review Act is
amended by changing Section 50 as follows:
(750 ILCS 62/50)
Sec. 50. Membership of regional domestic violence fatality
review teams. Each regional review team shall, at a minimum,
include the following members from within the boundaries of
the judicial circuit:
(1) a State's Attorney or Assistant State's Attorney;
(2) a public defender or other criminal defense lawyer;
(3) a coroner or medical examiner;
(4) a Sheriff, Deputy Sheriff, Chief of Police, or other
law enforcement officer with experience in domestic violence
cases;
(5) a social service provider whose significant role is to
provide services to survivors of domestic violence;
(6) a social service provider who has significant
experience working with domestic violence offenders, if

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available in the region;
(7) a civil legal services lawyer or pro bono lawyer
connected with a civil legal services program; and
(8) at least 2 of the following members: a public health
official; a physician licensed by the State who specializes in
emergency medicine; an advanced practice registered nurse; a
licensed mental health professional such as a psychiatrist,
clinical psychologist, licensed clinical professional
counselor, or licensed clinical social worker; a circuit judge
or associate judge; a clerk of the circuit court or other
elected or appointed court official; an administrative law
judge; an emergency medical technician, paramedic, or other
first responder; a local or regional elected official or State
legislator; a representative from the private business sector;
a member of the clergy or other representative of the faith
community; a public housing authority administrator or
manager; an alcohol and substance abuse treatment
professional; a probation or parole officer; a child welfare
administrator, caseworker, or investigator; a public school
administrator, teacher, or school support staff person
licensed and endorsed by the Illinois State Board of
Education; a representative of a State university or community
college; a social science researcher or data analyst; a
survivor or a family member or friend of a survivor or victim;
a supervised child visitation or child exchange staff person;
or a member of the public at-large who has the education,

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training, or experience to carry out the purposes of the
regional review team.
(Source: P.A. 102-520, eff. 8-20-21.)
Section 295. The Illinois Anatomical Gift Act is amended
by changing Sections 5-20 and 5-45 as follows:
(755 ILCS 50/5-20) (was 755 ILCS 50/5)
Sec. 5-20. Manner of executing anatomical gifts.
(a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating
that the donor has made an anatomical gift to be imprinted
on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor,
by any form of communication addressed to at least 2
adults, at least one of whom is a disinterested witness;
or
(4) as provided in subsection (b) and (b-1) of this
Section.
(b) A donor or other person authorized to make an
anatomical gift under subsection (a) of Section 5-5 may make a
gift by a donor card or other record signed by the donor or
other person making the gift or by authorizing that a
statement or symbol indicating that the donor has made an
anatomical gift be included on a donor registry. If the donor

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or other person is physically unable to sign a record, the
record may be signed by another individual at the direction of
the donor or other person and must:
(1) be witnessed by at least 2 adults, at least one of
whom is a disinterested witness, who have signed at the
request of the donor or the other person; and
(2) state that it has been signed and witnessed as
provided in paragraph (1) of this subsection (b).
(b-1) A gift under Section 5-5 (a) may also be made by an
individual consenting to have his or her name included in the
First Person Consent organ and tissue donor registry
maintained by the Secretary of State under Section 6-117 of
the Illinois Vehicle Code. An individual's consent to have his
or her name included in the First Person Consent organ and
tissue donor registry constitutes full legal authority for the
donation of any of his or her organs or tissue for purposes of
transplantation, therapy, or research. Consenting to be
included in the First Person Consent organ and tissue donor
registry is effective without regard to the presence or
signature of witnesses.
(b-5) Revocation, suspension, expiration, or cancellation
of a driver's license or identification card upon which an
anatomical gift is indicated does not invalidate the gift.
(b-10) An anatomical gift made by will takes effect upon
the donor's death whether or not the will is probated.
Invalidation of the will after the donor's death does not

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invalidate the gift.
(c) The anatomical gift may be made to a specified donee or
without specifying a donee. If the gift is made to a specified
donee who is not available at the time and place of death, then
if made for the purpose of transplantation, it shall be
effectuated in accordance with Section 5-25.
(d) The donee or other person authorized to accept the
gift pursuant to Section 5-12 may employ or authorize any
qualified technician, surgeon, or physician to perform the
recovery.
(e) A person authorized to make an anatomical gift under
subsection (b) of Section 5-5 may make an anatomical gift by a
document of gift signed by the person making the gift or by
that person's oral communication that is electronically
recorded or is contemporaneously reduced to a record and
signed by the individual receiving the oral communication.
(e-5) An anatomical gift by a person authorized under
subsection (b) of Section 5-5 may be amended or revoked orally
or in a record by a member of a prior class who is reasonably
available for the giving of authorization or refusal. If more
than one member of the prior class is reasonably available for
the giving of authorization or refusal, the gift made by a
person authorized under subsection (b) of Section 5-5 may be:
(1) amended only if a majority of the class members
reasonably available for the giving of authorization or
refusal agree to the amending of the gift; or

HB2488 - 456 - LRB103 26308 AWJ 52668 b
(2) revoked only if a majority of the class members
reasonably available for the giving of authorization or
refusal agree to the revoking of the gift or if they are
equally divided as to whether to revoke the gift.
(e-10) A revocation under subsection (e-5) is effective
only if, before an incision has been made to remove a part from
the donor's body or before invasive procedures have been
commenced to prepare the recipient, the procurement
organization, non-transplant anatomic bank, transplant
hospital, or physician or technician knows of the revocation.
(f) When there is a suitable candidate for organ donation
and a donation or consent to donate has not yet been given,
procedures to preserve the decedent's body for possible organ
and tissue donation may be implemented under the authorization
of the applicable organ procurement organization, at its own
expense, prior to making a donation request pursuant to
Section 5-25. If the organ procurement organization does not
locate a person authorized to consent to donation or consent
to donation is denied, then procedures to preserve the
decedent's body shall be ceased and no donation shall be made.
The organ procurement organization shall respect the religious
tenets of the decedent, if known, such as a pause after death,
before initiating preservation services. Nothing in this
Section shall be construed to authorize interference with the
medical examiner coroner in carrying out an investigation or
autopsy.

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(Source: P.A. 100-41, eff. 1-1-18.)
(755 ILCS 50/5-45) (was 755 ILCS 50/8)
Sec. 5-45. Rights and Duties at Death.
(a) The donee may accept or reject the anatomical gift. If
the donee accepts a gift of the entire body, he may, subject to
the terms of the gift, authorize embalming and the use of the
body in funeral services, unless a person named in subsection
(b) of Section 5-5 has requested, prior to the final
disposition by the donee, that the remains of said body be
returned to his or her custody for the purpose of final
disposition. Such request shall be honored by the donee if the
terms of the gift are silent on how final disposition is to
take place. If the gift is of a part of the body, the donee or
technician designated by him upon the death of the donor and
prior to embalming, shall cause the part to be removed without
unnecessary mutilation and without undue delay in the release
of the body for the purposes of final disposition. After
removal of the part, custody of the remainder of the body vests
in the surviving spouse, next of kin, or other persons under
obligation to dispose of the body, in the order of priority
listed in subsection (b) of Section 5-5.
(b) The time of death shall be determined by a physician
who attends the donor at his death, or, if none, the physician
who certifies the death. The physician shall not participate
in the procedures for removing or transplanting a part.

HB2488 - 458 - LRB103 26308 AWJ 52668 b
(c) A person who acts or attempts in good faith to act in
accordance with this Act, the Illinois Vehicle Code, the AIDS
Confidentiality Act, or the applicable anatomical gift law of
another state is not liable for the act in a civil action,
criminal prosecution, or administrative proceeding. Neither
the person making an anatomical gift nor the donor's estate is
liable for any injury or damage that results from the making or
use of the gift. In determining whether an anatomical gift has
been made, amended, or revoked under this Act, a person may
rely upon representations of an individual listed in item (2),
(3), (4), (5), (6), (7), or (8) of subsection (b) of Section
5-5 relating to the individual's relationship to the donor or
prospective donor unless the person knows that the
representation is untrue. Any person that participates in good
faith and according to the usual and customary standards of
medical practice in the preservation, removal, or
transplantation of any part of a decedent's body pursuant to
an anatomical gift made by the decedent under Section 5-20 or
pursuant to an anatomical gift made by an individual as
authorized by subsection (b) of Section 5-5 shall have
immunity from liability, civil, criminal, or otherwise, that
might result by reason of such actions. For the purpose of any
proceedings, civil or criminal, the validity of an anatomical
gift executed pursuant to Section 5-20 shall be presumed and
the good faith of any person participating in the removal or
transplantation of any part of a decedent's body pursuant to

HB2488 - 459 - LRB103 26308 AWJ 52668 b
an anatomical gift made by the decedent or by another
individual authorized by the Act shall be presumed.
(d) This Act is subject to the provisions of Division 3-3
of the Counties Code "An Act to revise the law in relation to
coroners", approved February 6, 1874, as now or hereafter
amended, to the laws of this State prescribing powers and
duties with respect to autopsies, and to the statutes, rules,
and regulations of this State with respect to the
transportation and disposition of deceased human bodies.
(e) If the donee is provided information, or determines
through independent examination, that there is evidence that
the anatomical gift was exposed to the human immunodeficiency
virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS), the donee may
reject the gift and shall treat the information and
examination results as a confidential medical record; the
donee may disclose only the results confirming HIV exposure,
and only to the physician of the deceased donor. The donor's
physician shall determine whether the person who executed the
gift should be notified of the confirmed positive test result.
(Source: P.A. 98-172, eff. 1-1-14.)
Section 300. The Disposition of Remains Act is amended by
changing Section 5 as follows:
(755 ILCS 65/5)

HB2488 - 460 - LRB103 26308 AWJ 52668 b
Sec. 5. Right to control disposition; priority. Unless a
decedent has left directions in writing for the disposition or
designated an agent to direct the disposition of the
decedent's remains as provided in Section 65 of the Crematory
Regulation Act or in subsection (a) of Section 40 of this Act,
the following persons, in the priority listed, have the right
to control the disposition, including cremation, of the
decedent's remains and are liable for the reasonable costs of
the disposition:
(1) the person designated in a written instrument that
satisfies the provisions of Sections 10 and 15 of this
Act;
(2) any person serving as executor or legal
representative of the decedent's estate and acting
according to the decedent's written instructions contained
in the decedent's will;
(3) the individual who was the spouse of the decedent
at the time of the decedent's death;
(4) the sole surviving competent adult child of the
decedent, or if there is more than one surviving competent
adult child of the decedent, the majority of the surviving
competent adult children; however, less than one-half of
the surviving adult children shall be vested with the
rights and duties of this Section if they have used
reasonable efforts to notify all other surviving competent
adult children of their instructions and are not aware of

HB2488 - 461 - LRB103 26308 AWJ 52668 b
any opposition to those instructions on the part of more
than one-half of all surviving competent adult children;
(5) the surviving competent parents of the decedent;
if one of the surviving competent parents is absent, the
remaining competent parent shall be vested with the rights
and duties of this Act after reasonable efforts have been
unsuccessful in locating the absent surviving competent
parent;
(6) the surviving competent adult person or persons
respectively in the next degrees of kindred or, if there
is more than one surviving competent adult person of the
same degree of kindred, the majority of those persons;
less than the majority of surviving competent adult
persons of the same degree of kindred shall be vested with
the rights and duties of this Act if those persons have
used reasonable efforts to notify all other surviving
competent adult persons of the same degree of kindred of
their instructions and are not aware of any opposition to
those instructions on the part of one-half or more of all
surviving competent adult persons of the same degree of
kindred;
(6.5) any recognized religious, civic, community, or
fraternal organization willing to assume legal and
financial responsibility;
(7) in the case of indigents or any other individuals
whose final disposition is the responsibility of the State

HB2488 - 462 - LRB103 26308 AWJ 52668 b
or any of its instrumentalities, a public administrator,
medical examiner, coroner, State appointed guardian, or
any other public official charged with arranging the final
disposition of the decedent;
(8) in the case of individuals who have donated their
bodies to science, or whose death occurred in a nursing
home or other private institution and the institution is
charged with making arrangements for the final disposition
of the decedent, a representative of the institution; or
(9) any other person or organization that is willing
to assume legal and financial responsibility.
As used in Section, "adult" means any individual who has
reached his or her eighteenth birthday.
Notwithstanding provisions to the contrary, in the case of
decedents who die while serving as members of the United
States Armed Forces, the Illinois National Guard, or the
United States Reserve Forces, as defined in Section 1481 of
Title 10 of the United States Code, and who have executed the
required U.S. Department of Defense Record of Emergency Data
Form (DD Form 93), or successor form, the person designated in
such form to direct disposition of the decedent's remains
shall have the right to control the disposition, including
cremation, of the decedent's remains.
(Source: P.A. 100-526, eff. 6-1-18.)
Section 305. The Disposition of Remains of the Indigent

HB2488 - 463 - LRB103 26308 AWJ 52668 b
Act is amended by changing Sections 5 and 10 as follows:
(755 ILCS 66/5)
(Section scheduled to be repealed on December 31, 2027)
Sec. 5. Purpose. The General Assembly recognizes:
(1) that each individual in the State regardless of
his or her economic situation is entitled to a dignified
disposition of his or her remains;
(2) that it is a matter of public concern and interest
that the preparation, care, and final disposition of a
deceased human body be attended to with appropriate
observance and understanding;
(3) that it is a matter of public concern and interest
that there is a due regard and respect for the reverent
care of the human body, for those bereaved, and the
overall spiritual dignity of every person;
(4) that the provision of cadavers and other human
materials is a much-needed service for the advancement of
medical, mortuary, and other sciences;
(5) that there is a critical shortage of cadavers
necessary for the advancement of medical, mortuary, and
other sciences;
(6) that the State has, in the past, paid for the
burial and funeral of indigent individuals;
(7) that payment for such services is not now
consistent with the needs or demands of the current State

HB2488 - 464 - LRB103 26308 AWJ 52668 b
budget;
(8) that the State has had a long-standing policy that
government officials who have custody of a body of any
deceased person shall transfer such custody to any State
medical college, school, or other institution of higher
science education or school of mortuary science for
advancement of medical, anatomical, biological, or
mortuary science; and
(9) that current law provides that any county medical
examiner coroner may donate bodies not claimed by family
members or friends.
(Source: P.A. 100-526, eff. 6-1-18.)
(755 ILCS 66/10)
(Section scheduled to be repealed on December 31, 2027)
Sec. 10. Indigent funeral and burial.
(a) If private funds are not available to pay funeral and
burial costs and a request is made for those costs to an
official of State or local government by an appropriate family
member, executor, or agent empowered to direct the disposition
of the decedent's remains, the official shall inform the
appropriate family member, executor, or agent empowered to
direct the disposition of the decedent's remains of the option
to donate the remains for use in the advancement of medical
science subject to any written directive of a will or other
written instrument identified in Section 65 of the Crematory

HB2488 - 465 - LRB103 26308 AWJ 52668 b
Regulation Act or in subsection (a) of Section 40 of the
Disposition of Remains Act.
(b) The appropriate family member, executor, or agent
empowered to direct the disposition of the decedent's remains
is responsible for authorizing the use of such remains in
accordance with the process of the specific qualified medical
science institution.
(c) If funds are not otherwise available for burial or the
cadaver has not been claimed by a family member or other
responsible person, the medical examiner coroner with custody
may donate the cadaver for medical science purposes pursuant
to Section 3-3034 of the Counties Code.
(Source: P.A. 100-526, eff. 6-1-18.)
Section 310. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-705 as follows:
(765 ILCS 1026/15-705)
Sec. 15-705. Exceptions to the sale of tangible property.
The administrator shall dispose of tangible property
identified by this Section in accordance with this Section.
(a) Military medals or decorations. The administrator may
not sell a medal or decoration awarded for military service in
the armed forces of the United States. Instead, the
administrator, with the consent of the respective organization
under paragraph (1), agency under paragraph (2), or entity

HB2488 - 466 - LRB103 26308 AWJ 52668 b
under paragraph (3), may deliver a medal or decoration to be
held in custody for the owner, to:
(1) a military veterans organization qualified under
Section 501(c)(19) of the Internal Revenue Code;
(2) the agency that awarded the medal or decoration;
or
(3) a governmental entity.
After delivery, the administrator is not responsible for
the safekeeping of the medal or decoration.
(b) Property with historical value. Property that the
administrator reasonably believes may have historical value
may be, at his or her discretion, loaned to an accredited
museum in the United States where it will be kept until such
time as the administrator orders it to be returned to his or
her custody.
(c) Human remains. If human remains are delivered to the
administrator under this Act, the administrator shall deliver
those human remains to the medical examiner coroner of the
county in which the human remains were abandoned for
disposition under Section 3-3034 of the Counties Code. The
only human remains that may be delivered to the administrator
under this Act and that the administrator may receive are
those that are reported and delivered as contents of a safe
deposit box.
(d) Evidence in a criminal investigation. Property that
may have been used in the commission of a crime or that may

HB2488 - 467 - LRB103 26308 AWJ 52668 b
assist in the investigation of a crime, as determined after
consulting with the Illinois State Police, shall be delivered
to the Illinois State Police or other appropriate law
enforcement authority to allow law enforcement to determine
whether a criminal investigation should take place. Any such
property delivered to a law enforcement authority shall be
held in accordance with existing statutes and rules related to
the gathering, retention, and release of evidence.
(e) Firearms.
(1) The administrator, in cooperation with the
Illinois State Police, shall develop a procedure to
determine whether a firearm delivered to the administrator
under this Act has been stolen or used in the commission of
a crime. The Illinois State Police shall determine the
appropriate disposition of a firearm that has been stolen
or used in the commission of a crime. The administrator
shall attempt to return a firearm that has not been stolen
or used in the commission of a crime to the rightful owner
if the Illinois State Police determines that the owner may
lawfully possess the firearm.
(2) If the administrator is unable to return a firearm
to its owner, the administrator shall transfer custody of
the firearm to the Illinois State Police. Legal title to a
firearm transferred to the Illinois State Police under
this subsection (e) is vested in the Illinois State Police
by operation of law if:

HB2488 - 468 - LRB103 26308 AWJ 52668 b
(i) the administrator cannot locate the owner of
the firearm;
(ii) the owner of the firearm may not lawfully
possess the firearm;
(iii) the apparent owner does not respond to
notice published under Section 15-503 of this Act; or
(iv) the apparent owner responds to notice
published under Section 15-502 and states that he or
she no longer claims an interest in the firearm.
(3) With respect to a firearm whose title is
transferred to the Illinois State Police under this
subsection (e), the Illinois State Police may:
(i) retain the firearm for use by the crime
laboratory system, for training purposes, or for any
other application as deemed appropriate by the
Department;
(ii) transfer the firearm to the Illinois State
Museum if the firearm has historical value; or
(iii) destroy the firearm if it is not retained
pursuant to subparagraph (i) or transferred pursuant
to subparagraph (ii).
As used in this subsection, "firearm" has the meaning
provided in the Firearm Owners Identification Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 315. The Employee Arbitration Act is amended by

HB2488 - 469 - LRB103 26308 AWJ 52668 b
changing Section 8 as follows:
(820 ILCS 35/8) (from Ch. 10, par. 30)
Sec. 8. Any notice or process issued by the Department of
Labor shall be served by any sheriff or medical examiner
coroner to whom it is directed or in whose hands it is placed
for service.
(Source: Laws 1967, p. 3673.)
Section 320. The Workers' Occupational Diseases Act is
amended by changing Section 12 as follows:
(820 ILCS 310/12) (from Ch. 48, par. 172.47)
Sec. 12. (a) An employee entitled to receive disability
payments shall be required, if requested by the employer, to
submit himself, at the expense of the employer, for
examination to a duly qualified medical practitioner or
surgeon selected by the employer, at any time and place
reasonably convenient for the employee, either within or
without the State of Illinois, for the purpose of determining
the nature, extent and probable duration of the occupational
disease and the disability therefrom suffered by the employee,
and for the purpose of ascertaining the amount of compensation
which may be due the employee from time to time for disability
according to the provisions of this Act. An employee may also
be required to submit himself for examination by medical

HB2488 - 470 - LRB103 26308 AWJ 52668 b
experts under subsection (c) of Section 19.
An employer requesting such an examination, of an employee
residing within the State of Illinois, shall deliver to the
employee with the notice of the time and place of examination
sufficient money to defray the necessary expense of travel by
the most convenient means to and from the place of
examination, and the cost of meals necessary during the trip,
and if the examination or travel to and from the place of
examination causes any loss of working time on the part of the
employee, the employer shall reimburse him for such loss of
wages upon the basis of his average daily wage. Such
examination shall be made in the presence of a duly qualified
medical practitioner or surgeon provided and paid for by the
employee, if such employee so desires.
In all cases where the examination is made by a physician
or surgeon engaged by the employer, and the employee has no
physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination at
the instance of the employer to deliver to the employee, or his
representative, a statement in writing of the examination and
findings to the same extent that said physician or surgeon
reports to the employer and the same shall be an exact copy of
that furnished to the employer, said copy to be furnished the
employee, or his representative as soon as practicable but not
later than the time the case is set for hearing. Such delivery
shall be made in person either to the employee or his

HB2488 - 471 - LRB103 26308 AWJ 52668 b
representative, or by registered mail to either, and the
receipt of either shall be proof of such delivery. If such
physician or surgeon refuses to furnish the employee with such
statement to the same extent as that furnished the employer
said physician or surgeon shall not be permitted to testify at
the hearing next following said examination.
If the employee refuses so to submit himself to
examination or unnecessarily obstructs the same, his right to
compensation payment shall be temporarily suspended until such
examination shall have taken place, and no compensation shall
be payable under this Act for such period.
It shall be the duty of physicians or surgeons treating an
employee who is likely to die, and treating him at the instance
of the employer, to have called in another physician or
surgeon to be designated and paid for by either the employee or
by the person or persons who would become his beneficiary or
beneficiaries, to make an examination before the death of such
employee.
In all cases where the examination is made by a physician
or surgeon engaged by the employee, and the employer has no
physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination at
the instance of the employee, to deliver to the employer, or
his representative, a statement in writing of the condition
and extent of the examination and findings to the same extent
that said physician or surgeon reports to the employee and the

HB2488 - 472 - LRB103 26308 AWJ 52668 b
same shall be an exact copy of that furnished to the employee,
said copy to be furnished the employer, or his representative,
as soon as practicable but not later than the time the case is
set for hearing. Such delivery shall be made in person either
to the employer, or his representative, or by registered mail
to either, and the receipt of either shall be proof of such
delivery. If such physician or surgeon refuses to furnish the
employer with such statement to the same extent as that
furnished the employee, said physician or surgeon shall not be
permitted to testify at the hearing next following said
examination.
(b) Whenever, after the death of an employee, any party in
interest files an application for adjustment of claim under
this Act, and it appears that an autopsy may disclose material
evidence as to whether or not such death was due to the
inhalation of silica or asbestos dust, the commission, upon
petition of either party, may order an autopsy at the expense
of the party requesting same, and if such autopsy is so
ordered, the commission shall designate a competent
pathologist to perform the same, and shall give the parties in
interest such reasonable notice of the time and place thereof
as will afford a reasonable opportunity to witness such
autopsy in person or by a representative.
It shall be the duty of such pathologist to perform such
autopsy as, in his best judgment, is required to ascertain the
cause of death. Such pathologist shall make a complete written

HB2488 - 473 - LRB103 26308 AWJ 52668 b
report of all his findings to the commission (including
laboratory results described as such, if any). The said report
of the pathologist shall contain his findings on post-mortem
examination and said report shall not contain any conclusion
of the said pathologist based upon the findings so reported.
Said report shall be placed on file with the commission,
and shall be a public record. Said report, or a certified copy
thereof, may be introduced by either party on any hearing as
evidence of the findings therein stated, but shall not be
conclusive evidence of such findings, and either party may
rebut any part thereof.
Where an autopsy has been performed at any time with the
express or implied consent of any interested party, and
without some opposing party, if known or reasonably
ascertainable, having reasonable notice of and reasonable
opportunity of witnessing the same, all evidence obtained by
such autopsy shall be barred upon objection at any hearing.
This paragraph shall not apply to autopsies by a medical
examiner, deputy medical examiner, or, as directed by a
medical examiner, a physician duly licensed to practice
medicine in all of its branches coroner's physician in the
discharge of his official duties.
(Source: P.A. 94-277, eff. 7-20-05.)
Section 325. The Unemployment Insurance Act is amended by
changing Section 2500 as follows:

HB2488 - 474 - LRB103 26308 AWJ 52668 b
(820 ILCS 405/2500) (from Ch. 48, par. 740)
Sec. 2500. Director not required to pay costs. Neither the
Director nor the State of Illinois shall be required to
furnish any bond, or to make a deposit for or pay any costs of
any court or the fees of any of its officers in any judicial
proceedings in pursuance to the provisions of this Act;
provided, further, that whenever enforcement or collection of
any judgment liability created by this Act, is levied by any
sheriff or medical examiner coroner upon any personal
property, and such property is claimed by any person other
than the defendant or is claimed by the defendant as exempt
from levy by virtue of the exemption laws of this State, then
it shall be the duty of the person making such claim to give
notice in writing of his or her claim and of his or her
intention to prosecute the same, to the sheriff or medical
examiner coroner within 10 days after the making of the levy;
on receiving such notice the sheriff or medical examiner
coroner shall proceed in accordance with the provisions of
Part 2 of Article XII of the Code of Civil Procedure, as
amended; the giving of such notice within the 10 day period
shall be a condition precedent to any judicial action against
the sheriff or medical examiner coroner for wrongfully
levying, seizing or selling the property and any such person
who fails to give such notice within the time shall be forever
barred from bringing any judicial action against such sheriff

HB2488 - 475 - LRB103 26308 AWJ 52668 b
or medical examiner coroner for injury or damages to or
conversion of the property.
(Source: P.A. 83-1362.)
Section 900. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 103rd General Assembly.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect on
December 1, 2024, except that Section 5-566 of the Civil
Administrative Code of Illinois, Section 3-3000 of the
Counties Code, Section 37 of the Coroner Training Board Act,
and this Section take effect upon becoming law.
HB2488 - 476 - LRB103 26308 AWJ 52668 b
INDEX
Statutes amended in order of appearance
5 ILCS 70/1.08 from Ch. 1, par. 1009
5 ILCS 140/7
5 ILCS 140/7.5
10 ILCS 5/18A-218.10
10 ILCS 5/2A-18 rep.
20 ILCS 5/5-565 was 20 ILCS 5/6.06
20 ILCS 5/5-566 new
20 ILCS 105/4.04 from Ch. 23, par. 6104.04
20 ILCS 515/15
20 ILCS 515/20
20 ILCS 515/25
20 ILCS 515/40
20 ILCS 1305/1-17
20 ILCS 2310/2310-236
20 ILCS 2310/2310-335 was 20 ILCS 2310/55.43
20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-380 was 20 ILCS 2605/55a-8
20 ILCS 2630/9 from Ch. 38, par. 206-9
20 ILCS 2630/9.5
20 ILCS 3440/3 from Ch. 127, par. 2663
20 ILCS 4119/10
35 ILCS 120/5d from Ch. 120, par. 444d
35 ILCS 200/19-55
HB2488 - 477 - LRB103 26308 AWJ 52668 b
35 ILCS 200/21-355
35 ILCS 200/21-385
35 ILCS 200/22-15
35 ILCS 200/22-20
35 ILCS 516/300
35 ILCS 516/330
35 ILCS 516/375
35 ILCS 516/380
40 ILCS 5/7-145.1
50 ILCS 705/10.11
50 ILCS 707/15
50 ILCS 722/15
50 ILCS 722/20
50 ILCS 722/25
55 ILCS 5/1-4009 from Ch. 34, par. 1-4009
55 ILCS 5/Div. 3-3 heading
55 ILCS 5/3-3000 new
55 ILCS 5/3-3001 from Ch. 34, par. 3-3001
55 ILCS 5/3-3002.5 new
55 ILCS 5/3-3003 from Ch. 34, par. 3-3003
55 ILCS 5/3-3004 from Ch. 34, par. 3-3004
55 ILCS 5/3-3007 from Ch. 34, par. 3-3007
55 ILCS 5/3-3008 from Ch. 34, par. 3-3008
55 ILCS 5/3-3009 from Ch. 34, par. 3-3009
55 ILCS 5/3-3010 from Ch. 34, par. 3-3010
55 ILCS 5/3-3012 from Ch. 34, par. 3-3012
HB2488 - 478 - LRB103 26308 AWJ 52668 b
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
55 ILCS 5/3-3013.3 new
55 ILCS 5/3-3013.5 new
55 ILCS 5/3-3014 from Ch. 34, par. 3-3014
55 ILCS 5/3-3015 from Ch. 34, par. 3-3015
55 ILCS 5/3-3016.5
55 ILCS 5/3-3017 from Ch. 34, par. 3-3017
55 ILCS 5/3-3018 from Ch. 34, par. 3-3018
55 ILCS 5/3-3019 from Ch. 34, par. 3-3019
55 ILCS 5/3-3020 from Ch. 34, par. 3-3020
55 ILCS 5/3-3021 from Ch. 34, par. 3-3021
55 ILCS 5/3-3022 from Ch. 34, par. 3-3022
55 ILCS 5/3-3024 from Ch. 34, par. 3-3024
55 ILCS 5/3-3025 from Ch. 34, par. 3-3025
55 ILCS 5/3-3026 from Ch. 34, par. 3-3026
55 ILCS 5/3-3027 from Ch. 34, par. 3-3027
55 ILCS 5/3-3028 from Ch. 34, par. 3-3028
55 ILCS 5/3-3029 from Ch. 34, par. 3-3029
55 ILCS 5/3-3031 from Ch. 34, par. 3-3031
55 ILCS 5/3-3032 from Ch. 34, par. 3-3032
55 ILCS 5/3-3033 from Ch. 34, par. 3-3033
55 ILCS 5/3-3034 from Ch. 34, par. 3-3034
55 ILCS 5/3-3035 from Ch. 34, par. 3-3035
55 ILCS 5/3-3036 from Ch. 34, par. 3-3036
55 ILCS 5/3-3037 from Ch. 34, par. 3-3037
55 ILCS 5/3-3038 from Ch. 34, par. 3-3038
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55 ILCS 5/3-3040 from Ch. 34, par. 3-3040
55 ILCS 5/3-3041 from Ch. 34, par. 3-3041
55 ILCS 5/3-3042 from Ch. 34, par. 3-3042
55 ILCS 5/3-3043 from Ch. 34, par. 3-3043
55 ILCS 5/3-3045
55 ILCS 5/3-3046 new
55 ILCS 5/3-14002 from Ch. 34, par. 3-14002
55 ILCS 5/4-6001 from Ch. 34, par. 4-6001
55 ILCS 5/4-6002 from Ch. 34, par. 4-6002
55 ILCS 5/Div. 4-7 heading
55 ILCS 5/4-7001 from Ch. 34, par. 4-7001
55 ILCS 5/4-11002 from Ch. 34, par. 4-11002
55 ILCS 5/5-1085.5
55 ILCS 5/5-1106 from Ch. 34, par. 5-1106
55 ILCS 5/3-3002 rep.
55 ILCS 5/3-3011 rep.
55 ILCS 5/3-3039 rep.
55 ILCS 5/3-3044 rep.
55 ILCS 135/1
55 ILCS 135/5
55 ILCS 135/10
55 ILCS 135/20
55 ILCS 135/25
55 ILCS 135/30
55 ILCS 135/35
55 ILCS 135/37 new
HB2488 - 480 - LRB103 26308 AWJ 52668 b
70 ILCS 605/5-7 from Ch. 42, par. 5-7
210 ILCS 28/15
210 ILCS 28/20
210 ILCS 28/25
210 ILCS 30/4 from Ch. 111 1/2, par. 4164
210 ILCS 46/2-208
210 ILCS 47/2-208
210 ILCS 85/6.09a
210 ILCS 85/7 from Ch. 111 1/2, par. 148
210 ILCS 150/18
225 ILCS 705/10.03 from Ch. 96 1/2, par. 1003
225 ILCS 705/10.04 from Ch. 96 1/2, par. 1004
225 ILCS 710/15 from Ch. 96 1/2, par. 4222
225 ILCS 710/16 from Ch. 96 1/2, par. 4223
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 20/3 from Ch. 23, par. 6603
320 ILCS 20/5 from Ch. 23, par. 6605
320 ILCS 20/8 from Ch. 23, par. 6608
320 ILCS 20/15
325 ILCS 5/4
325 ILCS 5/4.1 from Ch. 23, par. 2054.1
325 ILCS 5/7.9 from Ch. 23, par. 2057.9
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 5/11.9
405 ILCS 5/5-100 from Ch. 91 1/2, par. 5-100
405 ILCS 82/15
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405 ILCS 82/20
410 ILCS 18/35
410 ILCS 18/94
410 ILCS 60/1 from Ch. 111 1/2, par. 201
410 ILCS 505/5 from Ch. 31, par. 45
410 ILCS 510/1 from Ch. 144, par. 1551
410 ILCS 535/18 from Ch. 111 1/2, par. 73-18
410 ILCS 535/20 from Ch. 111 1/2, par. 73-20
410 ILCS 535/21 from Ch. 111 1/2, par. 73-21
410 ILCS 535/21.7
410 ILCS 535/25.5
425 ILCS 25/6 from Ch. 127 1/2, par. 6
625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
625 ILCS 5/11-413 from Ch. 95 1/2, par. 11-413
625 ILCS 5/11-414 from Ch. 95 1/2, par. 11-414
625 ILCS 5/11-501.7 from Ch. 95 1/2, par. 11-501.7
625 ILCS 5/12-215
625 ILCS 45/6-1 from Ch. 95 1/2, par. 316-1
705 ILCS 205/10 from Ch. 13, par. 10
705 ILCS 305/20 from Ch. 78, par. 20
705 ILCS 310/8 from Ch. 78, par. 31
705 ILCS 405/2-6 from Ch. 37, par. 802-6
705 ILCS 405/2-15 from Ch. 37, par. 802-15
705 ILCS 405/3-17 from Ch. 37, par. 803-17
705 ILCS 405/4-14 from Ch. 37, par. 804-14
705 ILCS 405/5-525
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720 ILCS 5/9-3.5
720 ILCS 5/12-20.5
720 ILCS 5/12-20.6
720 ILCS 5/31-4 from Ch. 38, par. 31-4
720 ILCS 5/33-3.2
725 ILCS 5/107-15
725 ILCS 5/107-16
725 ILCS 5/115-5.1 from Ch. 38, par. 115-5.1
725 ILCS 5/115-17
725 ILCS 5/119-5 from Ch. 38, par. 119-5
730 ILCS 125/8 from Ch. 75, par. 108
730 ILCS 195/15
730 ILCS 195/20
730 ILCS 195/35
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-9-6 from Ch. 38, par. 1003-9-6
730 ILCS 5/3-13-4 from Ch. 38, par. 1003-13-4
735 ILCS 5/2-202 from Ch. 110, par. 2-202
735 ILCS 5/4-110 from Ch. 110, par. 4-110
735 ILCS 5/Art. VIII Pt.
22 heading
735 ILCS 5/8-2201 from Ch. 110, par. 8-2201
735 ILCS 5/10-110 from Ch. 110, par. 10-110
735 ILCS 5/11-106 from Ch. 110, par. 11-106
735 ILCS 5/12-201 from Ch. 110, par. 12-201
735 ILCS 5/12-204 from Ch. 110, par. 12-204
HB2488 - 483 - LRB103 26308 AWJ 52668 b