ILLINOIS STATUTES CONCERNING CORONERS

Part 1 | Part 2

210 ILCS 30/4, Abuse or neglect reports--Persons required to report

*37475 210 ILCS 30/4

Formerly cited as IL ST CH 111 1/2 p 4164

ILLINOIS COMPILED STATUTES
CHAPTER 210. HEALTH FACILITIES
ACT 30. ABUSED AND NEGLECTED LONG TERM CARE FACILITY RESIDENTS REPORTING ACT
Current through P.A. 90-573, apv. 2/6/98

30/4. Abuse or neglect reports--Persons required to report

s 4. Any long term care facility administrator, agent or employee or any physician, hospital, surgeon, dentist, osteopath, chiropractor, podiatrist, Christian Science practitioner, coroner, social worker, social services administrator, registered nurse, law enforcement officer, field personnel of the Illinois Department of Public Aid, 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, 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 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. [FN1]
*37476 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 made under this Section who fails to comply with the requirements of this Section is guilty of a Class A misdemeanor.

P.A. 82-120, s 4, eff. Jan. 1, 1982. Amended by P.A. 84-798, s 3, eff. Jan. 1, 1986; P.A. 86-820, Art. III, s 3-49, eff. Sept. 7,

1989; P.A. 86-1013, s 10, eff. Jan. 3, 1990.

Amended by P.A. 89-507, Art. 90, s 90D-45, eff. July 1, 1997.

Formerly Ill.Rev.Stat.1991, ch. 111 1/2, p 4164.

[FN1] 210 ILCS 45/3-610.

225 ILCS 705/10.03, Notice to coroner of death in or about mine--Inquest

*45830 225 ILCS 705/10.03

Formerly cited as IL ST CH 96 1/2 p 1003

ILLINOIS COMPILED STATUTES
CHAPTER 225. PROFESSIONS AND OCCUPATIONS
NATURAL RESOURCES
ACT 705. COAL MINING ACT
ARTICLE 10. ACCIDENTS AND INJURIES
Current through P.A. 90-573, apv. 2/6/98

705/10.03. Notice to coroner of death in or about mine--Inquest

s 10.03. If any person is killed in or about a mine the operator shall notify the 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.

Laws 1953, p. 701, s 10.03, eff. July 1, 1953.

Formerly Ill.Rev.Stat.1991, ch. 96 1/2, p 1003, transferred from Ill.Rev.Stat., ch. 93, p 10.03

225 ILCS 705/10.04, State Mine Inspector--Personal investigation of accidents--Record

*45831 225 ILCS 705/10.04

Formerly cited as IL ST CH 96 1/2 p 1004

ILLINOIS COMPILED STATUTES
CHAPTER 225. PROFESSIONS AND OCCUPATIONS
NATURAL RESOURCES
ACT 705. COAL MINING ACT
ARTICLE 10. ACCIDENTS AND INJURIES
Current through P.A. 90-573, apv. 2/6/98

705/10.04. State Mine Inspector--Personal investigation of accidents--Record

s 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 developed at the 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.

Laws 1953, p. 701, s 10.04, eff. July 1, 1953. Amended by P.A. 79-340, s 1, eff. Oct. 1, 1975.

Formerly Ill.Rev.Stat.1991, ch. 96 1/2, p 1004, transferred from Ill.Rev.Stat., ch. 93, p 10.04.

225 ILCS 710/15, Emergency organization chart or plan--Loss of life--Notice--Inquest

*46145 225 ILCS 710/15

Formerly cited as IL ST CH 96 1/2 p 4222

ILLINOIS COMPILED STATUTES
CHAPTER 225. PROFESSIONS AND OCCUPATIONS
NATURAL RESOURCES
ACT 710. FLUORSPAR AND UNDERGROUND LIMESTONE MINES ACT
Current through P.A. 90-573, apv. 2/6/98

710/15. Emergency organization chart or plan--Loss of life--Notice--Inquest

s 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.
Whenever possible, the inspector shall be present at the 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 coroner shall be given by the 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 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 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 coroner's jury.

Laws 1921, p. 525, s 15, eff. July 1, 1921. Amended by Laws 1945, p. 1035, s 1, eff. July 1, 1945.

Formerly Ill.Rev.Stat.1991, ch. 96 1/2, p 4222, transferred from Ill.Rev.Stat., ch. 93, p 108.

225 ILCS 710/16, Employee failure; investigation

*46146 225 ILCS 710/16

Formerly cited as IL ST CH 96 1/2 p 4223

ILLINOIS COMPILED STATUTES
CHAPTER 225. PROFESSIONS AND OCCUPATIONS
NATURAL RESOURCES
ACT 710. FLUORSPAR AND UNDERGROUND LIMESTONE MINES ACT
Current through P.A. 90-573, apv. 2/6/98

710/16. Employee failure; investigation

s 16. Employee failure; investigation. Whenever, in the opinion of the inspector of mines, a serious or fatal accident 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 coroner's inquest, together with the verdict of the 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.

Laws 1921, p. 525, s 16, eff. July 1, 1921. Amended by Laws 1945, p. 1035, s 1, eff. July 1, 1945; P.A. 87-1133, s 2, eff. Sept. 16, 1992.

Amended by P.A. 89-445, s 9C-15, eff. Feb. 7, 1996.

Formerly Ill.Rev.Stat.1991, ch. 96 1/2, p 4223, transferred from Ill.Rev.Stat., ch. 93, p 109.

320 ILCS 20/8, Access to records

*48975 320 ILCS 20/8

Formerly cited as IL ST CH 23 p 6608

ILLINOIS COMPILED STATUTES
CHAPTER 320. AGING
ACT 20. ELDER ABUSE AND NEGLECT ACT
Current through P.A. 90-573, apv. 2/6/98

20/8. Access to records

s 8. Access to records. All records concerning reports of elder abuse and 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. Access to such records, but not access to the identity of the person or persons making a report of alleged abuse or neglect as contained in such records, shall be allowed to the following persons and for the following persons:
- (a) Department staff, provider agency staff and regional administrative agency staff in the furtherance of their responsibilities under this Act;
- (b) A law enforcement agency investigating known or suspected elder abuse or neglect;
- (c) A physician who has before him an eligible adult whom he reasonably suspects may be abused or neglected;
- (d) An eligible adult reported to be abused or neglected, or such adult's guardian unless such guardian is the alleged abuser;
- (e) A court, upon its finding that access to such records may be necessary for the determination of an issue before such 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;
- (f) A grand jury, upon its determination that access to such records is necessary in the conduct of its official business;
- (g) Any person authorized by the Director, in writing, for audit or bona fide research purposes;
- (h) A coroner or medical examiner who has reason to believe that an eligible adult has died as the result of abuse or neglect; and
- (i) Department of Professional Regulation staff and members of the Social Work Examining and Disciplinary Board in the course of investigating alleged violations of the Clinical Social Work and Social Work Practice Act [FN1] by provider agency staff.

*48976 P.A. 85-1184, s 8, eff. Aug. 13, 1988.

Amended by P.A. 89-387, s 100, eff. Aug. 20, 1995.

Formerly Ill.Rev.Stat.1991, ch. 23, p 6608.

[FN1] 225 ILCS 20/1 et seq.

325 ILCS 5/4, Persons required to report--Medical personnel--Privileged communications--Transmitting false report

*49072 325 ILCS 5/4

Formerly cited as IL ST CH 23 p 2054

ILLINOIS COMPILED STATUTES
CHAPTER 325. CHILDREN
ACT 5. ABUSED AND NEGLECTED CHILD REPORTING ACT
Current through P.A. 90-573, apv. 2/6/98

5/4. Persons required to report--Medical personnel--Privileged communications--Transmitting false report

s 4. Any physician, resident, intern, hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist, physician assistant, substance abuse treatment personnel, Christian Science practitioner, funeral home director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, school personnel, educational advocate assigned to a child pursuant to the School Code, [FN1] truant officers, social worker, social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, director or staff assistant of a nursery school or a child day care center, recreational program or facility personnel, law enforcement officer, registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of the Illinois Department of Public Aid, Public Health, Human Services (acting as successor to the Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, [FN2] probation officer, or any other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. 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, 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 his designated agent that such report has been made. Under no circumstances shall any person in charge of such institution, school, facility or agency, 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. 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. In addition to the above persons required to report suspected cases of abused or neglected children, 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. 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. The statement shall be signed prior to commencement of the employment. The signed statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the employer. 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.

*49073 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 1961". [FN3] Any person who violates this provision a second or subsequent time shall be guilty of a Class 4 felony.

Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, shall be guilty of a Class A misdemeanor.
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.
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. [FN4]

P.A. 79-65, s 4, eff. July 1, 1975. Amended by P.A. 81-1077, s 1, eff. July 1, 1980; P.A. 82-453, s 1, eff. Jan. 1, 1982; P.A.

84-611, s 1, eff. Jan. 1, 1986; P.A. 84-1078, s 1, eff. July 1, 1986; P.A. 84-1308, Art. II, s 22, eff. Aug. 25, 1986; P.A.

84-1318, s 1, eff. Jan. 1, 1987; P.A. 84-1438, Art. II, s 4, eff. Dec. 22, 1986; P.A. 85-205, s 1, eff. Aug. 21, 1987; P.A.

86-601, s 1, eff. Jan. 1, 1990; P.A. 86-716, s 1, eff. Jan. 1, 1990; P.A. 86-835, s 1, eff. Jan. 1, 1990; P.A. 86-1004, s 3,

eff. July 1, 1990; P.A. 86-1028, Art. II, s 2-11, eff. Feb. 5, 1990.

Amended by P.A. 89-363, s 15, eff. Jan. 1, 1996; P.A. 89-507, Art. 90, s 90L-74, eff. July 1, 1997; P.A. 89-706, s 275, eff. Jan. 31, 1997; P.A. 90-116, s 20, eff. July 14, 1997.

Formerly Ill.Rev.Stat.1991, ch. 23, p 2054.

[FN1] 105 ILCS 5/1-1 et seq.[FN2] 305 ILCS 5/1-1 et seq.

[FN3] 105 ILCS 5/26-1.[FN4] 720 ILCS 5/26-1 et seq.

325 ILCS 5/4.1, Death caused by abuse or neglect--Reports

*49075 325 ILCS 5/4.1

Formerly cited as IL ST CH 23 p 2054.1

ILLINOIS COMPILED STATUTES
CHAPTER 325. CHILDREN
ACT 5. ABUSED AND NEGLECTED CHILD REPORTING ACT
Current through P.A. 90-573, apv. 2/6/98

5/4.1. Death caused by abuse or neglect--Reports

s 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 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.

P.A. 79-65, s 4.1, added by P.A. 81-1077, s 1, eff. July 1, 1980. Amended by P.A. 84-611, s 1, eff. Jan. 1, 1986; P.A. 85-193, s 1, eff. Aug. 21, 1987.

Formerly Ill.Rev.Stat.1991, ch. 23, p 2054.1.

325 ILCS 5/7.9, Form and content of reports

*49100 325 ILCS 5/7.9

Formerly cited as IL ST CH 23 p 2057.9

ILLINOIS COMPILED STATUTES
CHAPTER 325. CHILDREN
ACT 5. ABUSED AND NEGLECTED CHILD REPORTING ACT
Current through P.A. 90-573, apv. 2/6/98

5/7.9. Form and content of reports

s 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; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of 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; (8) and any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act.

P.A. 79-65, s 7.9, added by P.A. 81-1077, s 1, eff. July 1, 1980. Amended by P.A. 84-611, s 1, eff. Jan. 1, 1986.

Formerly Ill.Rev.Stat.1991, ch. 23, p 2057.9.

325 ILCS 5/11.1, Access to records

*49127 325 ILCS 5/11.1

Formerly cited as IL ST CH 23 p 2061.1

ILLINOIS COMPILED STATUTES
CHAPTER 325. CHILDREN
ACT 5. ABUSED AND NEGLECTED CHILD REPORTING ACT
Current through P.A. 90-573, apv. 2/6/98

5/11.1. Access to records

s 11.1. Access to records. 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. [FN1] 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.
- (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 Department of 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, 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 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.

*49128 (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. [FN2]

(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 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. [FN3]
(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 jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney.

*49129 (17) The Department of Human Services, as provided in Section 17 of the Disabled Persons Rehabilitation Act. [FN4]

(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. The access to and release of information from such records shall be subject to the approval of the Director of the Department or his designee.
(19) The person appointed, under Section 2-17 of the Juvenile Court Act, [FN5] as the guardian ad litem of a minor who is the subject of a report or records under this Act.
(20) 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.
(21) 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.

P.A. 79-65, s 11.1, added by P.A. 81-1077, s 1, eff. July 1, 1980. Amended by P.A. 81-1480, s 1, eff. Sept. 15, 1980; P.A.

82-453, s 1, eff. Jan. 1, 1982; P.A. 83-665, s 1, eff. Jan. 1, 1984; P.A. 84-158, s 1, eff. Oct. 1, 1985; P.A. 84-172, s 1, eff.

Jan. 1, 1986; P.A. 84-611, s 1, eff. Jan. 1, 1986; P.A. 84-1308, Art. II, s 22, eff. Aug. 25, 1986; P.A. 84-1318, s 1, eff. Jan.

1, 1987; P.A. 85-344, s 1, eff. Jan. 1, 1988; P.A. 85-984, s 1, eff. Dec. 21, 1987; P.A. 85-1209, Art. II, s 2-10, eff. Aug. 30,

1988; P.A. 86-904, s 1, eff. Sept. 11, 1989; P.A. 86-1167, s 1, eff. Aug. 10, 1990; P.A. 86-1203, s 2, eff. Jan. 1, 1991; P.A.

86-1475, Art. 2, s 2-6, eff. Jan. 10, 1991; P.A. 87-649, s 2, eff. Jan. 1, 1992; P.A. 87-928, s 1, eff. Jan. 1, 1993.

Amended by P.A. 87-1184, s 47, eff. Jan. 1, 1993; P.A. 88-45, Art. II, s 2-49, eff. July 6, 1993; P.A. 89-507, Art. 90, s 90C-25,

eff. July 1, 1997; P.A. 90-15, s 13, eff. June 13, 1997.

Formerly Ill.Rev.Stat.1991, ch. 23, p 2061.1.

*49130 [FN1] 325 ILCS 40/1 et seq.

[FN2] 705 ILCS 405/1-1 et seq.

[FN3] 225 ILCS 10/4.3.

[FN4] 20 ILCS 2405/17.

[FN5] 705 ILCS 405/2-17.

405 ILCS 5/5-100, Death; notice; inquest; fees

*49645 405 ILCS 5/5-100

Formerly cited as IL ST CH 91 1/2 p 5-100

ILLINOIS COMPILED STATUTES
CHAPTER 405. MENTAL HEALTH
ACT 5. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CODE
CHAPTER V. GENERAL PROVISIONS
Current through P.A. 90-573, apv. 2/6/98

5/5-100. Death; notice; inquest; fees

s 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. [FN1] 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 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 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.

P.A. 80-1414, s 5-100, eff. Jan. 1, 1979. Amended by P.A. 86-1416, s 1, eff. Jan. 1, 1991; P.A. 88-380, s 90, eff. Aug. 20, 1993.

*49646 Formerly Ill.Rev.Stat.1991, ch. 91 1/2, p 5-100.

[FN1] 405 ILCS 40/1.

410 ILCS 18/15, Authorizing agent

*49909 410 ILCS 18/15

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH PREVENTION AND PROTECTION
ACT 18. CREMATORY REGULATION ACT
Current through P.A. 90-573, apv. 2/6/98

18/15. Authorizing agent

s 15. Authorizing agent.
- (a) The following persons, in the priority listed, shall have the right to serve as an authorizing agent:
  - (1) The individual who was the spouse of the decedent at the time of the decedent's death, except as set forth in paragraphs
  - (2) or (3) of this subsection.
  - (2) Any person acting on the instructions of a decedent who authorized his or her own cremation through the execution, on a pre-need basis, of a cremation authorization form under Section 70, unless the authorization specifically provides for a designated survivor to alter the arrangements under subsection (b) of Section 70, and the designated survivor has contacted the crematory authority and expressed the desire to alter the arrangements. The actions of such a designated survivor, however, shall not prevent another individual, who has a priority right superior to that of the designated survivor according to this Section, from authorizing the cremation of the decedent by executing a new cremation authorization form.
  - (3) Any person serving as executor or legal representative of a decedent's estate and acting according to the decedent's written instructions.
  - (4) The decedent's surviving adult children. If there is more than one adult child, any adult child, who confirms in writing the notification of all other adult children, may serve as the authorizing agent, unless the crematory authority receives a written objection to the cremation from another adult child.
  - (5) The decedent's surviving parent. If the decedent is survived by 2 parents, either parent may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from the other parent.
  - (6) The person in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may serve as the authorizing agent.
  - (7) In the case of indigents or any other individuals whose final disposition is the responsibility of the State 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 may serve as the authorizing agent.
  - *49910 (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, who have executed cremation authorization forms under Section 65 and the institution is charged with making arrangements for the final disposition of the decedent, a representative of the institution may serve as the authorizing agent.
  - (9) In the absence of any person under paragraphs (1) through (8), any person willing to assume the responsibility as authorizing agent, as specified in this Act.
- (b) In the case of body parts, a representative of the institution that has arranged with the crematory authority to cremate the body part may serve as the authorizing agent.
- (c) No person may serve or shall be allowed to serve as an authorizing agent when a decedent has left instructions in the manner provided under subsection (a) of this Section that they do not wish to be cremated.

P.A. 87-1187, s 15, eff. Jan. 1, 1993.

410 ILCS 18/35, Cremation procedures

*49917 410 ILCS 18/35

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH PREVENTION AND PROTECTION
ACT 18. CREMATORY REGULATION ACT
Current through P.A. 90-573, apv. 2/6/98

18/35. Cremation procedures

s 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/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 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.
- (f) A crematory authority shall not accept a casket or alternative container from which there is any evidence of the leakage of body fluids.
- *49918 (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. 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 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 cham.
- (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 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.

P.A. 87-1187, s 35, eff. Jan. 1, 1993.

410 ILCS 60/1, Establishment

*50019 410 ILCS 60/1

Formerly cited as IL ST CH 111 1/2 p 201

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH PREVENTION AND PROTECTION
ACT 60. TOXICOLOGICAL LABORATORY SERVICE ACT
Current through P.A. 90-573, apv. 2/6/98

60/1. Establishment

s 1. The Department of Public Health is authorized to establish and operate a toxicological laboratory service for the purpose of testing specimens submitted by 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.

Laws 1959, p. 688, s 1, eff. July 9, 1959. Amended by P.A. 86-853, s 1, eff. Jan. 1, 1990.

Formerly Ill.Rev.Stat.1991, ch. 111 1/2, p 201.

410 ILCS 505/5, Construction

*50315 410 ILCS 505/5

Formerly cited as IL ST CH 31 p 45

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH INFORMATION
ACT 505. AUTOPSY ACT
Current through P.A. 90-573, apv. 2/6/98

505/5. Construction

s 5. othing in this Act shall be construed to contravene or supersede the provisions of "An Act to revise the law in relation to coroners", approved February 6, 1874, as amended.

Laws 1965, p. 2996, s 5, eff. Aug. 13, 1965.

Formerly Ill.Rev.Stat.1991, ch. 31, p 45, transferred from Ill.Rev.Stat., ch. 91, p 18.15.

410 ILCS 510/1, Delivery of bodies; conditions; preferences; use

*50317 410 ILCS 510/1

Formerly cited as IL ST CH 144 p 1551

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH INFORMATION
ACT 510. CADAVER ACT
Current through P.A. 90-573, apv. 2/6/98

510/1. Delivery of bodies; conditions; preferences; use

s 1. Superintendents of penitentiaries, houses of correction and bridewells, hospitals, state charitable institutions and county homes, 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 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.

*50318 Laws 1885, p. 211, s 1, eff. June 26, 1885. Amended by Laws 1959, p. 994, s 1, eff. July 14, 1959; Laws 1965, p. 1980, s 1, eff. July 22, 1965.

Formerly Ill.Rev.Stat.1991, ch. 144, p 1551, transferred from Ill.Rev.Stat., ch. 91, p 19.

410 ILCS 535/18, Deaths; places of registration

*50413 410 ILCS 535/18

Formerly cited as IL ST CH 111 1/2 p 73-18

ILLINOIS COMPILED STATUTES
CHAPTER 410. PUBLIC HEALTH
HEALTH INFORMATION
ACT 535. VITAL RECORDS ACT
Current through P.A. 90-573, apv. 2/6/98

535/18. Deaths; places of registration

s 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.
- (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 shall obtain the personal data from the next of kin or the best qualified person or source available; he shall enter on the certificate the name, relationship, and address of his informant; he shall enter the date, place, and method of final disposition; he shall affix his own signature and enter his address; and shall present the certificate to the person responsible for completing the medical certification of cause of death.
(2) The medical certification shall be completed and signed within 48 hours after death by the physician in charge of the patient's care for the 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 physician or with his approval, the medical certificate may be completed and signed by his associate physician, the chief medical officer of the institution in which death occurred or by the physician who performed an autopsy upon the decedent.
*50414 (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.
(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 court and the date of the judgment.

Laws 1961, p. 2935, s 18, eff. Jan. 1, 1962. Amended by Laws 1963, p. 3205, s 1, eff. Aug. 19, 1963; P.A. 76-678, s 1, eff. Aug.

7, 1969; P.A. 79-284, s 1, eff. Oct. 1, 1975; P.A. 82-268, s 1, eff. Jan. 1, 1982; P.A. 84-545, s 47, eff. Sept. 18, 1985; P.A.

85-772, s 1, eff. Jan. 1, 1989; P.A. 85-1209, Art. III, s 3-102, eff. Aug. 30, 1988.

Formerly Ill.Rev.Stat.1991, ch. 111 1/2, p 73-18.

410 ILCS 535/20, Fetal death; place of registration

*50416 410 ILCS 535/20

Formerly cited as IL ST CH 111 1/2 p 73-20

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 410. PUBLIC HEALTH

Â HEALTH INFORMATION

Â ACT 535. VITAL RECORDS ACT

Â Current through P.A. 90-573, apv. 2/6/98

535/20. Fetal death; place of registration

Â s 20. Fetal death; place of registration.

Â (1) Each fetal death which occurs in this State after a gestation period of 20 completed weeks 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.

Â (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.

Â (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.

Â (c) The funeral director or person acting as such who 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.

Â (2) The medical certification shall be completed and signed within 24 hours after delivery by the physician in attendance at or after delivery, except when investigation is required under Division 3-3 of Article 3 of the Counties Code [FN1] and except as provided by regulation in special problem cases.

Â (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 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.

*50417 Laws 1961, p. 2935, s 20, eff. Jan. 1, 1962. Amended by Laws 1963, p. 3205, s 1, eff. Aug. 19, 1963; P.A. 76-678, s 1,

eff. Aug. 7, 1969; P.A. 86-1292, s 2, eff. Sept. 6, 1990; P.A. 88-159, s 1, eff. July 28, 1993.

Formerly Ill.Rev.Stat.1991, ch. 111 1/2, p 73-20.

[FN1] 55 ILCS 5/3-3001 et seq.

410 ILCS 535/21, Dead bodies or fetuses; written report; permit for disposition

*50418 410 ILCS 535/21

Formerly cited as IL ST CH 111 1/2 p 73-21

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 410. PUBLIC HEALTH

Â HEALTH INFORMATION

Â ACT 535. VITAL RECORDS ACT

Â Current through P.A. 90-573, apv. 2/6/98

535/21. Dead bodies or fetuses; written report; permit for disposition

Â s 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 physician in charge of the patient's care for the illness or condition which resulted in death has been contacted and has affirmatively stated that he 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 physician in charge of the patient's care for the 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.

Â (2) The written report as specified in paragraph (1) of this Section shall not serve as a permit to:

Â (a) Remove body or fetus from this State;

Â (b) Cremate the body or fetus; or

Â (c) Make disposal of any body or fetus in any manner when death is subject to the coroner's or medical examiner's investigation.

Â *50419 (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.

Â (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.

Â (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, 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.

Laws 1961, p. 2935, s 21, eff. Jan. 1, 1962. Amended by Laws 1963, p. 3205, s 1, eff. Aug. 19, 1963; P.A. 76-678, s 1, eff. Aug.

7, 1969; P.A. 82-602, s 1, eff. Jan. 1, 1982; P.A. 83-384, s 4, eff. Jan. 1, 1984; P.A. 86-1351, s 1, eff. Sept. 7, 1990; P.A.

88-261, s 5, eff. Jan. 1, 1994; P.A. 89-381, s 9, eff. Aug. 18, 1995.

*50420 Formerly Ill.Rev.Stat.1991, ch. 111 1/2, p 73-21.

625 ILCS 5/11-413, Coroners to report

*57127 625 ILCS 5/11-413

Formerly cited as IL ST CH 95 1/2 p 11-413

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 625. VEHICLES

Â ACT 5. ILLINOIS VEHICLE CODE

Â CHAPTER 11. RULES OF THE ROAD

Â ARTICLE IV. ACCIDENTS

Â Current through P.A. 90-573, apv. 2/6/98

5/11-413. Coroners to report

Â s 11-413. Coroners to report. All 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 accident giving the time and place of the accident and the circumstances relating thereto.

P.A. 76-1586, s 11-413, eff. July 1, 1970. Amended by P.A. 76-2473, s 1, eff. July 1, 1971; P.A. 77-42, s 1, eff. July 1, 1971;

P.A. 83-831, s 1, eff. Jan. 1, 1984.

Formerly Ill.Rev.Stat.1991, ch. 95 1/2, p 11-413.

Â 625 ILCS 5/11-414, Department to tabulate and analyze motor vehicle accident reports

*57128 625 ILCS 5/11-414

Formerly cited as IL ST CH 95 1/2 p 11-414

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 625. VEHICLES

Â ACT 5. ILLINOIS VEHICLE CODE

Â CHAPTER 11. RULES OF THE ROAD

Â ARTICLE IV. ACCIDENTS

Â Current through P.A. 90-573, apv. 2/6/98

5/11-414. Department to tabulate and analyze motor vehicle accident reports

Â s 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 statistical information based thereon as to the number and circumstances of traffic accidents. The Department:

Â 1. shall submit a report of school bus accidents and accidents resulting in personal injury to or the death of any person within 50 feet of a school bus while awaiting or preparing to board the bus or immediately after exiting the bus to the National Highway Safety Advisory Committee annually or as requested by the Committee;

Â 2. shall compile, maintain, and make available to the public statistical information relating to traffic accidents involving medical transport vehicles;

Â 3. may conduct special investigations of motor vehicle accidents and may solicit supplementary reports from drivers, owners, police departments, sheriffs, 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.

P.A. 76-1586, s 11-414, eff. July 1, 1970. Amended by P.A. 76-2473, s 1, eff. July 1, 1971; P.A. 78-1244, s 1, eff. Sept. 5,

1974; P.A. 82-433, s 1, eff. Sept. 8, 1981; P.A. 83-831, s 1, eff. Jan. 1, 1984.

Formerly Ill.Rev.Stat.1991, ch. 95 1/2, p 11-414.

Â Effective date of P.A. 82-433, see note following 625 ILCS 5/1-102.01.

625 ILCS 5/11-501.7, Youthful Intoxicated Drivers' Visitation Program

*57152 625 ILCS 5/11-501.7

Formerly cited as IL ST CH 95 1/2 p 11-501.7

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 625. VEHICLES

Â ACT 5. ILLINOIS VEHICLE CODE

Â CHAPTER 11. RULES OF THE ROAD

ARTICLE V. DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC LIQUOR, AND RECKLESS DRIVING

Â Current through P.A. 90-573, apv. 2/6/98

5/11-501.7. Youthful Intoxicated Drivers' Visitation Program

Â s 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, [FN1] 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:

Â (1) A State or private rehabilitation facility that cares for victims of motor vehicle accidents involving persons under the influence of alcohol.

Â (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.

Â (3) If approved by the coroner of the county where the 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.

Â (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.

Â (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.

Â *57153 (d) Any visitation shall include, before any observation of victims or disabled persons, 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.

P.A. 76-1586, s 11-501.7, added by P.A. 86-1242, s 1, eff. Jan. 1, 1991.

Formerly Ill.Rev.Stat.1991, ch. 95 1/2, p 11-501.7.

[FN1] 705 ILCS 405/1-1 et seq.

625 ILCS 5/12-215, Oscillating, rotating or flashing lights on motor vehicles

*57350 625 ILCS 5/12-215

Formerly cited as IL ST CH 95 1/2 p 12-215

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 625. VEHICLES

Â ACT 5. ILLINOIS VEHICLE CODE

Â CHAPTER 12. EQUIPMENT OF VEHICLES

Â ARTICLE II. LIGHTS AND LAMPS

Â Current through P.A. 90-573, apv. 2/6/98

5/12-215. Oscillating, rotating or flashing lights on motor vehicles

Â s 12-215. Oscillating, rotating or flashing lights on motor vehicles. Except as otherwise provided in this Code:

Â (a) The use of red or white oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on:

Â 1. Law enforcement vehicles of State, Federal or local authorities;

Â 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;

Â 3. Vehicles of local fire departments and State or federal firefighting vehicles;

Â 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; and

Â 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.

Â (b) The use of amber oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on:

Â 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 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;

Â *57351 2. Motor vehicles or equipment of the State of Illinois, 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;

Â 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;

Â 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;

Â 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;

Â 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;

Â 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;

Â 8. Such other vehicles as may be authorized by local authorities;

Â 9. Law enforcement vehicles of State or local authorities when used in combination with red oscillating, rotating or flashing lights;

Â 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;

Â 11. Any vehicle displaying a slow-moving vehicle emblem as provided in Section 12-205.1;

Â 12. All trucks equipped with self-compactors or roll-off hoists and roll-on containers for garbage or refuse hauling. Such lights shall not be lighted except when such vehicles are actually being used for such purposes;

Â 13. Vehicles used by a security company, alarm responder, or control agency, if the security company, alarm responder, or control agency is bound by a contract with a federal, State, or local government entity to use the lights; and

Â 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.

Â *57352 (c) The use of blue oscillating, rotating or flashing lights, whether lighted or unlighted is prohibited except:

Â 1. On vehicles owned or fully 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; rescue squad vehicles not owned by a fire department. However, such lights are not to be lighted except when responding to a bona fide emergency.

Â 2. Police department vehicles in cities having a population of 500,000 or more inhabitants.

Â 3. Law enforcement vehicles of State or local authorities when used in combination with red oscillating, rotating or flashing lights.

Â 4. Vehicles of local fire departments and State or federal firefighting vehicles when used in combination with red oscillating, rotating or flashing lights.

Â 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.

Â 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.

Â (d) The use of a combination of amber and white oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited, except motor vehicles or equipment of the State of Illinois, local authorities and contractors may be so equipped; furthermore, such lights shall not be lighted except while such vehicles are engaged in highway maintenance or construction operations within the limits of highway construction projects.

Â (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.

Â *57353 (f) Nothing in this Section shall prohibit a manufacturer of oscillating, rotating or flashing lights or his representative from temporarily mounting such lights on a vehicle for demonstration purposes only.

Â (g) Any person violating the provisions of 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 4 felony.

Â (h) Except as provided in subsection (g) above, any person violating the provisions of subsections (a) or (c) of this Section shall be guilty of a Class A misdemeanor.

P.A. 76-1586, s 12-116, eff. July 1, 1970. Amended by P.A. 76-2182, s 1, eff. July 1, 1970. Renumbered s 12-215 by P.A. 77-37, s

1, eff. Jan. 1, 1972. Amended by P.A. 77-103, s 1, eff. Jan. 1, 1972; P.A. 77-2829, s 40, eff. Dec. 22, 1972; P.A. 78-255, s 61,

eff. Oct. 1, 1973; P.A. 78-509, s 1, eff. Jan. 1, 1974; P.A. 78-1203, s 1, eff. Sept. 5, 1974; P.A. 78-1297, s 58, eff. March 4,

1975; P.A. 79-537, s 1, eff. Oct. 1, 1975; P.A. 79-870, s 1, eff. Oct. 1, 1975; P.A. 79-916, s 1, eff. Oct. 1, 1975; P.A.

79-1454, s 44, eff. Aug. 31, 1976; P.A. 80-1013, s 1, eff. Oct. 1, 1977; P.A. 81-1509, Art. II, s 71, eff. Sept. 26, 1980; P.A.

83-769, s 1, eff. Jan. 1, 1984; P.A. 84-256, s 1, eff. Jan. 1, 1986; P.A. 84-285, s 1, eff. Jan. 1, 1986; P.A. 84-1105, s 1,

eff. Dec. 10, 1985; P.A. 84-1231, s 1, eff. July 28, 1986; P.A. 84-1308, Art. II, s 96, eff. Aug. 25, 1986; P.A. 84-1438, Art.

II, s 30, eff. Dec. 22, 1986; P.A. 85-586, s 1, eff. Sept. 20, 1987; P.A. 85-1368, s 1, eff. Jan. 1, 1989; P.A. 86-611, s 1,

eff. Sept. 1, 1989; P.A. 87-531, s 1, eff. Jan. 1, 1992.

Amended by P.A. 88-58, s 5, eff. Jan. 1, 1994; P.A. 88-341, s 1, eff. Jan. 1, 1994; P.A. 88-670, Art. 2, s 2-59, eff. Dec. 2,

1994; P.A. 89-433, s 5, eff. Dec. 15, 1995; P.A. 89-507, Art. 90, s 90D-84, eff. July 1, 1997; P.A. 90-330, s 5, eff. Aug. 8,

1997; P.A. 90-347, s 5, eff. Jan. 1, 1998.

Formerly Ill.Rev.Stat.1991, ch. 95 1/2, p 12-215.

Â P.A. 90-330, in subpar. (b), rewrote cl. (1), which prior thereto read:

Â "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 an accident or disablement and while such vehicles are engaged in towing on a highway;".

Â *57354 P.A. 90-347, in subpar. (c), added cl. 6.

Â See 5 ILCS 70/6 as to the effect of (1) more than one amendment of a section at the same session of the General Assembly or (2) two or more acts relating to the same subject matter enacted by the same General Assembly.

625 ILCS 45/6-1, Collisions, accidents, and casualties--Reports

*58219 625 ILCS 45/6-1

Formerly cited as IL ST CH 95 1/2 p 316-1

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 625. VEHICLES

Â ACT 45. BOAT REGISTRATION AND SAFETY ACT

Â ARTICLE VI--ACCIDENT REPORTS--OPERATOR'S RESPONSIBILITY--TRANSMITTAL OF INFORMATION

Â Current through P.A. 90-573, apv. 2/6/98

45/6-1. Collisions, accidents, and casualties--Reports

Â s 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.

Â 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 $500, 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 Department on a Department Accident Report form within 5 days.

Â C. Reports of accidents resulting in personal injury, where a person is incapacitated for a period exceeding 72 hours, must be iled 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.

Â 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 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.

Â *58220 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 preceding calendar month.

Â (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 Department of Public Health 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.

Laws 1959, p. 1473, Art. VI, s 1. Amended by Laws 1967, p. 2217, s 1. Renumbered s 6-1 and amended by P.A. 82-783, Art. VII, s 2, eff. July 13, 1982. Amended by P.A. 84-515, s 1, eff. Jan. 1, 1986; P.A. 85-149, s 1, eff. Jan. 1, 1988; P.A. 87-803, s 1, eff. July 1, 1992.

Formerly Ill.Rev.Stat.1991, ch. 95 1/2, p 316-1.

705 ILCS 205/10, Persons prohibited to practice as attorney

*58540 705 ILCS 205/10

Formerly cited as IL ST CH 13 p 10

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â ATTORNEYS

Â ACT 205. ATTORNEY ACT

Â Current through P.A. 90-573, apv. 2/6/98

205/10. Persons prohibited to practice as attorney

Â s 10. No 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.

R.S.1874, p. 169, s 10. Amended by Laws 1895, p. 79, s 1; Laws 1965, p. 34, s 1, eff. July 1, 1965; Laws 1967, p. 3675, s 1,

eff. Sept. 7, 1967.

Formerly Ill.Rev.Stat.1991, ch. 13, p 10.

705 ILCS 305/20, Drawing by lot or computer--Presence of attorney for party litigants

*58595 705 ILCS 305/20

Formerly cited as IL ST CH 78 p 20

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JURIES

Â ACT 305. JURY ACT

Â IMPANELING PETIT JURORS

Â Current through P.A. 90-573, apv. 2/6/98

305/20. Drawing by lot or computer--Presence of attorney for party litigants

Â s 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 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 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.

Â (b) Notwithstanding the provisions of subsection (a), names of jurors may be randomly drawn by computer.

R.S.1874, p. 630, s 20, eff. Feb. 11, 1874. Amended by Laws 1933, p. 684, s 1, eff. July 1, 1933; Laws 1955, p. 1158, s 1, eff.

July 7, 1955; P.A. 77-660, s 1, eff. Aug. 4, 1971; P.A. 86-1053, s 1, eff. July 13, 1990.

Formerly Ill.Rev.Stat.1991, ch. 78, p 20.

705 ILCS 310/8, Active jury list--Method of selection--Period jury lists--Drawings--Other duties

*58610 705 ILCS 310/8

Formerly cited as IL ST CH 78 p 31

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JURIES

Â ACT 310. JURY COMMISSION ACT

Â Current through P.A. 90-573, apv. 2/6/98

310/8. Active jury list--Method of selection--Period jury lists--Drawings--Other duties

Â s 8. In such manner as may be prescribed by rules to be adopted by majority vote of the said judges, the jury administrator or the jury commissioners shall also:

Â (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;

Â (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;

Â (c) See that at least 2 jury commissioners, one jury commissioner and a judge of the circuit court of the county, or 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;

Â (d) Provide for the manner of selection of jurors to be provided to coroners pursuant to Section 10 of "An Act to revise the law in relation to coroners", approved July 1, 1874, as amended; [FN1] 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

Â *58611 (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.

Laws 1887, p. 214, s 8, added by Laws 1931, p. 655, s 1, eff. July 2, 1931. Amended by Laws 1965, p. 3579, s 1, eff. Aug. 24,

1965; Laws 1967, p. 3919, s 1, eff. Sept. 7, 1967; P.A. 76-1604, s 1, eff. Sept. 30, 1969; P.A. 83-568, s 1, eff. Jan. 1, 1984;

P.A. 85-345, s 2, eff. Jan. 1, 1988; P.A. 86-1053, s 2, eff. July 13, 1990.

Amended by P.A. 90-482, s 10, eff. Jan. 1, 1998.

Formerly Ill.Rev.Stat.1991, ch. 78, p 31

[FN1] Former Ill.Rev.Stat. ch. 31, p 10 (repealed; see now, 55 ILCS 5/3-3013.).

705 ILCS 405/2-6, Duty of officer

*58676 705 ILCS 405/2-6

Formerly cited as IL ST CH 37 p 802-6

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JUVENILE COURTS

Â ACT 405. JUVENILE COURT ACT OF 1987

Â ARTICLE II. ABUSED, NEGLECTED OR DEPENDENT MINORS

Â Current through P.A. 90-573, apv. 2/6/98

405/2-6. Duty of officer

Â s 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 person with whom the minor resides that the minor has been taken into custody and where he or she is being held.

Â (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.

Â (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 [FN1] 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.

P.A. 85-601, Art. II, s 2-6, eff. Jan. 1, 1988.

Formerly Ill.Rev.Stat.1991, ch. 37, p 802-6.

[FN1] 325 ILCS 5/7.7.

705 ILCS 405/2-15, Summons

*58696 705 ILCS 405/2-15

Formerly cited as IL ST CH 37 p 802-15

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JUVENILE COURTS

Â ACT 405. JUVENILE COURT ACT OF 1987

Â ARTICLE II. ABUSED, NEGLECTED OR DEPENDENT MINORS

Â Current through P.A. 90-573, apv. 2/6/98

405/2-15. Summons

Â s 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 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.

Â (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.

Â (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.

Â (4) The summons may be served by any county sheriff, 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.

Â (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 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.

Â *58697 (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.

Â (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, except that the filing of a special appearance authorized under Section 2-301 of the Code of Civil Procedure [FN1] 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.

P.A. 85-601, Art. II, s 2-15, eff. Jan. 1, 1988. Amended by P.A. 85-1209, Art. II, s 2-22, eff. Aug. 30, 1988; P.A. 86-441, s 1, eff. Jan. 1, 1990.

Amended by P.A. 90-27, s 30, eff. Jan. 1, 1998; P.A. 90-28, Art. 10, s 10-20, eff. Jan. 1, 1998.

Formerly Ill.Rev.Stat.1991, ch. 37, p 802-15.

[FN1] 735 ILCS 5/2-301.

Â P.A. 90-27 incorporated the amendment by P.A. 90-28.

705 ILCS 405/3-17, Summons

*58808 705 ILCS 405/3-17

Formerly cited as IL ST CH 37 p 803-17

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JUVENILE COURTS

Â ACT 405. JUVENILE COURT ACT OF 1987

Â ARTICLE III. MINORS REQUIRING AUTHORITATIVE INTERVENTION

Â Current through P.A. 90-573, apv. 2/6/98

405/3-17. Summons

Â s 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.

Â (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.

Â *58809 (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.

P.A. 85-601, Art. III, s 3-17, eff. Jan. 1, 1988. Amended by P.A. 85-1209, Art. II, s 2-22, eff. Aug. 30, 1988; P.A. 86-441, s 1, eff. Jan. 1, 1990.

Formerly Ill.Rev.Stat.1991, ch. 37, p 803-17.

705 ILCS 405/4-14, Summons

*58863 705 ILCS 405/4-14

Formerly cited as IL ST CH 37 p 804-14

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JUVENILE COURTS

Â ACT 405. JUVENILE COURT ACT OF 1987

Â ARTICLE IV. ADDICTED MINORS

Â Current through P.A. 90-573, apv. 2/6/98

405/4-14. Summons

Â s 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 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.

Â (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 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.

Â *58864 (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.

P.A. 85-601, Art. IV, s 4-14, eff. Jan. 1, 1988. Amended by P.A. 85-1209, Art. II, s 2-22, eff. Aug. 30, 1988; P.A. 86-441, s 1, eff. Jan. 1, 1990.

Formerly Ill.Rev.Stat.1991, ch. 37, p 804-14.

705 ILCS 405/5-15, Summons

*58930 705 ILCS 405/5-15

Formerly cited as IL ST CH 37 p 805-15

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 705. COURTS

Â JUVENILE COURTS

Â ACT 405. JUVENILE COURT ACT OF 1987

Â ARTICLE V. DELINQUENT MINORS

Â Current through P.A. 90-573, apv. 2/6/98

405/5-15. Summons

Â s 5-15. 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 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.

Â *58931 (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.

P.A. 85-601, Art. V, s 5-15, eff. Jan. 1, 1988. Amended by P.A. 85-1209, Art. II, s 2-22, eff. Aug. 30, 1988; P.A. 86-441, s 1, eff. Jan. 1, 1990.

Formerly Ill.Rev.Stat.1991, ch. 37, p 805-15.

725 ILCS 5/107-15, Fresh pursuit

*60453 725 ILCS 5/107-15

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 725. CRIMINAL PROCEDURE

Â ACT 5. CODE OF CRIMINAL PROCEDURE OF 1963

Â TITLE II. APPREHENSION AND INVESTIGATION

Â ARTICLE 107. ARREST

Â Current through P.A. 90-573, apv. 2/6/98

5/107-15. Fresh pursuit

Â s 107-15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, 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.

Laws 1963, p. 2836, s 107-15, added by P.A. 89-234, Art. 5, s 5-20, eff. Jan. 1, 1996.

725 ILCS 5/107-16, Apprehension of offender

*60454 725 ILCS 5/107-16

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 725. CRIMINAL PROCEDURE

Â ACT 5. CODE OF CRIMINAL PROCEDURE OF 1963

Â TITLE II. APPREHENSION AND INVESTIGATION

Â ARTICLE 107. ARREST

Â Current through P.A. 90-573, apv. 2/6/98

5/107-16. Apprehension of offender

Â s 107-16. Apprehension of offender. It is the duty of every sheriff, 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.

Laws 1963, p. 2836, s 107-16, added by P.A. 89-234, Art. 5, s 5-20, eff. Jan. 1, 1996.

725 ILCS 5/115-5.1, Records of the coroner's medical or laboratory examiner as evidence

*60704 725 ILCS 5/115-5.1

Formerly cited as IL ST CH 38 p 115-5.1

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 725. CRIMINAL PROCEDURE

Â ACT 5. CODE OF CRIMINAL PROCEDURE OF 1963

Â TITLE VI. PROCEEDINGS AT TRIAL

Â ARTICLE 115. TRIAL

Â Current through P.A. 90-573, apv. 2/6/98

5/115-5.1. Records of the coroner's medical or laboratory examiner as evidence

Â s 115-5.1. In any civil or criminal action the records of the 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 coroner's office, duly certified by the county coroner or chief supervisory coroner's pathologist or medical examiner, shall be received as competent evidence in any court of this State, to the extent permitted by this Section. These reports, specifically 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.

Â A duly certified 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.

Â 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 coroner or a duly authorized official of the 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.

*6070 Laws 1963, p. 2836, s 115-5.1, added by P.A. 82-280, s 19a-101, eff. July 1, 1982. Amended by P.A. 82-783, Art. III, s 21, eff. July 13, 1982.

Formerly Ill.Rev.Stat.1991, ch. 38, p 115-5.1.

725 ILCS 5/115-17, Clerk; issuance of subpoenas

*60730 725 ILCS 5/115-17

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 725. CRIMINAL PROCEDURE

Â ACT 5. CODE OF CRIMINAL PROCEDURE OF 1963

Â TITLE VI. PROCEEDINGS AT TRIAL

Â ARTICLE 115. TRIAL

Â Current through P.A. 90-573, apv. 2/6/98

5/115-17. Clerk; issuance of subpoenas

Â s 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 coroner of any county of this State. 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.

Laws 1963, p. 2836, s 115-17, added by P.A. 89-234, Art. 5, s 5-20, eff. Jan. 1, 1996.

730 ILCS 5/3-9-6, Unauthorized Absence

*61243 730 ILCS 5/3-9-6

Formerly cited as IL ST CH 38 p 1003-9-6

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 730. CORRECTIONS

Â ACT 5. UNIFIED CODE OF CORRECTIONS

Â CHAPTER III. DEPARTMENT OF CORRECTIONS

Â ARTICLE 9. PROGRAMS OF THE JUVENILE DIVISION

Â Current through P.A. 90-573, apv. 2/6/98

5/3-9-6. Unauthorized Absence

Â s 3-9-6. Unauthorized Absence. Whenever a person committed to the Juvenile Division of the Department of Corrections 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 correctional official by the authorities or whomsoever directed, when an order is certified by the Director or a person duly designated by the Director, with the seal of the Department of Corrections attached. The person so designated by the Director 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, 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.

P.A. 77-2097, s 3-9-6, added by P.A. 78-939, s 1, eff. July 1, 1974. Amended by P.A. 83-346, s 12, eff. Sept. 14, 1983.

Formerly Ill.Rev.Stat.1991, ch. 38, p 1003-9-6.

730 ILCS 5/3-13-4, Rules and Sanctions

*61288 730 ILCS 5/3-13-4

Formerly cited as IL ST CH 38 p 1003-13-4

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 730. CORRECTIONS

Â ACT 5. UNIFIED CODE OF CORRECTIONS

Â CHAPTER III. DEPARTMENT OF CORRECTIONS

Â ARTICLE 13. WORK AND DAY RELEASE

Â Current through P.A. 90-573, apv. 2/6/98

5/3-13-4. Rules and Sanctions

Â s 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.

Â (b) If a committed person violates any rule, the 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.

Â (c) An order certified by the Director, Assistant Director Adult Division, 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, 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.

Â (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 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.

*61289 P.A. 77-2097, s 3-13-4, eff. Jan. 1, 1973. Amended by P.A. 79-799, s 1, eff. Oct. 1, 1977; P.A. 80-900, s 1, eff. Oct. 1,

1977; P.A. 83-346, s 12, eff. Sept. 14, 1983.

Formerly Ill.Rev.Stat.1991, ch. 38, p 1003-13-4.

730 ILCS 125/8, Sheriff; imprisonment in jail; coroner as warden

*61566 730 ILCS 125/8

Formerly cited as IL ST CH 75 p 108

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 730. CORRECTIONS

Â ACT 125. COUNTY JAIL ACT

Â Current through P.A. 90-573, apv. 2/6/98

125/8. Sheriff; imprisonment in jail; coroner as warden

Â s 8. The Sheriff may be imprisoned in the jail of his county, and for the time he is so imprisoned, the 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.

P.A. 83-1073, s 8, eff. July 1, 1984.

Formerly Ill.Rev.Stat.1991, ch. 75, p 108.

735 ILCS 5/2-202, Persons authorized to serve process--Place of service--Failure to make return

*61730 735 ILCS 5/2-202

Formerly cited as IL ST CH 110 p 2-202

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE II. CIVIL PRACTICE

Â PART 2. PROCESS

Â Current through P.A. 90-573, apv. 2/6/98

5/2-202. Persons authorized to serve process--Place of service--Failure to make return

Â s 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 coroner of some county of the State. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process. In counties with a population of less than 1,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm and Private Security Act of 1983 [FN1] or by a registered employee of a private detective agency certified under that Act. 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 coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.

Â (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.

Â (c) If any sheriff, 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, 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, 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.

Â *61731 (d) If process is served by a sheriff or coroner, the court may tax the fee of the sheriff or coroner 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.

Â (e) In addition to the powers stated in Section 8.1a of the Housing Authorities Act, [FN2] in counties with a population of 3,000,000 or more inhabitants, members of a housing authority police force may serve process for forcible entry and detainer actions commenced by that housing authority and may execute orders of possession for that housing authority.

P.A. 82-280, s 2-202, eff. July 1, 1982. Amended by P.A. 84-942, s 1, eff. Sept. 25, 1985; P.A. 85-907, Art. II, s 1, eff. Nov. 23, 1987; P.A. 86-660, s 1, eff. Jan. 1, 1990.

Amended by P.A. 89-594, s 370, eff. Aug. 1, 1996.

Formerly Ill.Rev.Stat.1991, ch. 110, p 2-202.

[FN1] 225 ILCS 445/1 (repealed).

[FN2] 310 ILCS 10/8.1a.

735 ILCS 5/2-202, Persons authorized to serve process--Place of service--Failure to make return

*61732 735 ILCS 5/2-202

Formerly cited as IL ST CH 110 p 2-202

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE II. CIVIL PRACTICE

Â PART 2. PROCESS

Â Current through P.A. 90-573, apv. 2/6/98

5/2-202. Persons authorized to serve process--Place of service--Failure to make return

Â < Text of section effective June 1, 1998. >

Â s 2-202. Persons authorized to serve process; Place of service; Failure to make return.

Â (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process. In counties with a population of less than 1,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm and Private Security Act of 1983 [FN1] or by a registered employee of a private detective agency certified under that Act. 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 coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.

Â *61733 (d) If process is served by a sheriff or coroner, the court may tax the fee of the sheriff or coroner 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.

Â (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 the Forcible Entry and Detainer Article 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. [FN3]

P.A. 82-280, s 2-202, eff. July 1, 1982. Amended by P.A. 84-942, s 1, eff. Sept. 25, 1985; P.A. 85-907, Art. II, s 1, eff. Nov. 23, 1987; P.A. 86-660, s 1, eff. Jan. 1, 1990.

Amended by P.A. 89-594, s 370, eff. Aug. 1, 1996; P.A. 90-557, s 5, eff. June 1, 1998.

Formerly Ill.Rev.Stat.1991, ch. 110, p 2-202.

[FN1] 225 ILCS 445/1 (repealed)

[FN2] 310 ILCS 10/8.1a.

[FN3] 740 ILCS 40/11.

Â SMALL CLAIMS

Â < Procedure in small claims cases, i.e., civil actions for money not in excess of $2,500, exclusive of interest and costs, is governed by Supreme Court Rules 281 to 289. >

735 ILCS 5/4-110, Order for attachment

*61984 735 ILCS 5/4-110

Formerly cited as IL ST CH 110 p 4-110

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE IV. ATTACHMENT

Â PART 1. IN GENERAL

Â Current through P.A. 90-573, apv. 2/6/98

5/4-110. Order for attachment

Â s 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 person authorized to serve summons), or in case the sheriff is interested, or otherwise disqualified or prevented from acting, to the 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.

P.A. 82-280, s 4-110, eff. July 1, 1982. Amended by P.A. 83-707, s 1, eff. Sept. 23, 1983.

Formerly Ill.Rev.Stat.1991, ch. 110, p 4-110.

735 ILCS 5/8-2201, Admissibility of coroner's records

*62249 735 ILCS 5/8-2201

Formerly cited as IL ST CH 110 p 8-2201

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE VIII. EVIDENCE

Â PART 22. CORONER'S RECORDS

Â Current through P.A. 90-573, apv. 2/6/98

5/8-2201. Admissibility of coroner's records

Â s 8-2201. Admissibility of 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 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.

P.A. 82-280, s 8-2201, eff. July 1, 1982.

Formerly Ill.Rev.Stat.1991, ch. 110, p 8-2201.

735 ILCS 5/10-110, Service of order

*62347 735 ILCS 5/10-110

Formerly cited as IL ST CH 110 p 10-110

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE X. HABEAS CORPUS

Â Current through P.A. 90-573, apv. 2/6/98

5/10-110. Service of order

Â s 10-110. Service of order. The habeas corpus order may be served by the sheriff, 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.

P.A. 82-280, s 10-110, eff. July 1, 1982. Amended by P.A. 83-707, s 1, eff. Sept. 23, 1983.

Formerly Ill.Rev.Stat.1991, ch. 110, p 10-110.

735 ILCS 5/11-106, Injunctive relief on Saturday, Sunday or legal holiday

*62381 735 ILCS 5/11-106

Formerly cited as IL ST CH 110 p 11-106

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE XI. INJUNCTION

Â PART 1. IN GENERAL

Â Current through P.A. 90-573, apv. 2/6/98

5/11-106. Injunctive relief on Saturday, Sunday or legal holiday

Â s 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 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.

P.A. 82-280, s 11-106, eff. July 1, 1982.

Formerly Ill.Rev.Stat.1991, ch. 110, p 11-106.

735 ILCS 5/12-201, Procedure

*62468 735 ILCS 5/12-201

Formerly cited as IL ST CH 110 p 12-201

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE XII. JUDGMENTS--ENFORCEMENT

Â PART 2. TRIAL OF RIGHT OF PROPERTY

Â Current through P.A. 90-573, apv. 2/6/98

5/12-201. Procedure

Â s 12-201. Procedure. (a) Whenever a judgment or order of attachment, entered by any court, shall be levied by any sheriff or 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 coroner notice, in writing, of his or her claim, and intention to prosecute the same, it shall be the duty of such sheriff or coroner to notify the circuit court of such claim.

Â (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.

Â (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.

Â (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.

Â (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.

Â (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.

*62469 P.A. 82-280, s 12-201, eff. July 1, 1982.

Formerly Ill.Rev.Stat.1991, ch. 110, p 12-201.

735 ILCS 5/12-204, Trial and judgment

*62472 735 ILCS 5/12-204

Formerly cited as IL ST CH 110 p 12-204

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE XII. JUDGMENTS--ENFORCEMENT

Â PART 2. TRIAL OF RIGHT OF PROPERTY

Â Current through P.A. 90-573, apv. 2/6/98

5/12-204. Trial and judgment

Â s 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 coroner as to the disposition of the property in the possession of the sheriff or 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 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 coroner proceed to sell the property levied on. The judgment in such cases shall be a complete indemnity to the sheriff or coroner in selling or restoring any such property, as the case may be.

P.A. 82-280, s 12-204, eff. July 1, 1982.

Formerly Ill.Rev.Stat.1991, ch. 110, p 12-204.

735 ILCS 5/12-205, Costs

*62473 735 ILCS 5/12-205

Formerly cited as IL ST CH 110 p 12-205

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 735. CIVIL PROCEDURE

Â ACT 5. CODE OF CIVIL PROCEDURE

Â ARTICLE XII. JUDGMENTS--ENFORCEMENT

Â PART 2. TRIAL OF RIGHT OF PROPERTY

Â Current through P.A. 90-573, apv. 2/6/98

5/12-205. Costs

Â s 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, coroner and clerk of the court shall be entitled to the same fees as are allowed by law for similar services.

P.A. 82-280, s 12-205, eff. July 1, 1982.

Formerly Ill.Rev.Stat.1991, ch. 110, p 12-205.

740 ILCS 110/10, Disclosure in civil, criminal, and other proceedings

*63122 740 ILCS 110/10

Formerly cited as IL ST CH 91 1/2 p 810

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 740. CIVIL LIABILITIES

Â ACT 110. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CONFIDENTIALITY ACT

Â Current through P.A. 90-573, apv. 2/6/98

110/10. Disclosure in civil, criminal, and other proceedings

Â s 10. Disclosure in civil, criminal, and other proceedings.

Â (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.

Â (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 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, [FN1] 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.

Â *63123 (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 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.

Â (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 that recipient, the therapist may testify as to pertinent records or communications in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against the claim or action.

Â (3.1) A therapist has the right to communicate at any time and in any fashion with his or her own counsel or professional liability insurance carrier, or both, concerning any care or treatment he or she provided, or assisted in providing, to any patient.

Â (3.2) A therapist has the right to communicate at any time and in any fashion with his or her present or former employer, principal, partner, professional corporation, or professional liability insurance carrier, or counsel for any of those entities, concerning any care or treatment he or she provided, or assisted in providing, to any patient within the scope of his or her employment, affiliation, or other agency with the employer, principal, partner, or professional corporation.

Â (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 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.

Â (5) Records and communications may be disclosed in a proceeding under the Probate Act of 1975, [FN2] to determine a recipient's competency or need for guardianship, provided that the disclosure is made only with respect to that issue.

Â (6) 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.

Â *63124 (7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding 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.

Â (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.

Â (9) Records and communications of the recipient may be disclosed in investigations of and trials for homicide when the isclosure relates directly to the fact or immediate circumstances of the homicide.

Â (10) Records and communications of a deceased recipient may be disclosed to a coroner conducting a preliminary investigation into the recipient's death under Section 3-3013 of the Counties Code. [FN3] However, records and communications of the deceased recipient disclosed in an investigation shall be limited solely to the deceased recipient's records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.

Â (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, except that this provision does not apply to paragraph (3.1) of subsection (a) (regarding consultations between a therapist and his or her own counsel or professional liability insurance carrier) or paragraph (3.2) of subsection (a) (regarding consultations between a therapist and his or her employer, principal, partner, professional corporation, or professional liability insurance carrier, or counsel for any of those entities). 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, except that a court may not prevent or limit disclosures between a therapist and his or her own counsel or between a therapist and his or her employer, principal, partner, professional corporation, or professional liability insurance carrier, or counsel for any of those entities. 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.

Â *63125 (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 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.

Â 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.

Â 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.

Â (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, authorizing the disclosure of the records or the issuance of the subpoena. 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.

Â This amendatory Act of 1995 applies to causes of action filed on or after its effective date.

P.A. 80-1508, s 10, eff. Jan. 9, 1979. Amended by P.A. 82-163, s 1, eff. Aug. 13, 1981; P.A. 82-900, s 1, eff. Jan. 1, 1983;

P.A. 86-1417, s 2, eff. Sept. 11, 1990; P.A. 87-124, s 2, eff. Aug. 13, 1991; P.A. 87-556, s 1, eff. Sept. 17, 1991; P.A.

87-895, s 2-43, eff. Aug. 14, 1992.

Amended by P.A. 89-7, s 30, eff. March 9, 1995.

*63126 Formerly Ill.Rev.Stat.1991, ch. 91 1/2, p 810.

[FN1] 750 ILCS 5/101 et seq.

[FN2] 755 ILCS 5/1-1 et seq.

[FN3] 55 ILCS 5/3-3013.

Â VALIDITY

Â P.A. 89-7 inserted the section heading; in subsec. (a)(3), substituted "that recipient" for "such recipient", deleted "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" following "the therapist", and substituted "pertinent records or communications" for "such records or communication" and "the claim" for "such claim"; inserted subsecs. (a)(3.1) and (a)(3.2); in subsec. (b), in the second and fourth sentences, added the exception; and added the last paragraph.

Â Prior to amendment by P.A. 89-7, this section read:

Â "(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.

Â "(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 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.

Â *63127 "(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 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.

Â "(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.

Â "(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 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.

Â "(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.

Â "(6) 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.

Â "(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding 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.

Â *63128 "(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.

Â "(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.

Â "(10) Records and communications of a deceased recipient may be disclosed to a coroner conducting a preliminary investigation into the recipient's death under Section 3-3013 of the Counties Code. However, records and communications of the deceased recipient disclosed in an investigation shall be limited solely to the deceased recipient's records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.

Â "(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 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.

Â "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.

Â *63129 "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.

Â "(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, authorizing the disclosure of the records or the issuance of the subpoena. 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."

Â For applicability of P.A. 89-7, see note following 735 ILCS 5/2-402.

755 ILCS 50/8, Rights and duties at death

*64817 755 ILCS 50/8

Formerly cited as IL ST CH 110 1/2 p 308

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 755. ESTATES

Â ACT 50. UNIFORM ANATOMICAL GIFT ACT

Â Current through P.A. 90-573, apv. 2/6/98

50/8. Rights and duties at death

Â s 8. Rights and Duties at Death. (a) The donee may accept or reject the 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 3 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 or priority listed in subsection (b) of Section 3 of this Act.

Â (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.

Â (c) A person who acts in good faith in accord with the terms of this Act and the AIDS Confidentiality Act, [FN1] or the anatomical gift laws of another state or a foreign country, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. Any person that participates in good faith and according to the usual and customary standards of medical practice in the removal or transplantation of any part of a decedent's body pursuant to an anatomical gift made by the decedent under Section 5 of this Act or pursuant to an anatomical gift made by an individual as authorized by subsection (b) of Section 3 of this Act 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 of this Act 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 an anatomical gift made by the decedent or by another individual authorized by the Act shall be presumed.

Â *64818 (d) This Act is subject to the provisions of "An Act to revise the law in relation to coroners", approved February 6, 1874, as now or hereafter amended, [FN2] 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.

Â (e) If the donee is provided information, or determines through independent examination, that there is evidence that the 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.

P.A. 76-1209, s 8, eff. Oct. 1, 1969. Amended by P.A. 78-877, s 1, eff. Sept. 15, 1973; P.A. 83-734, s 1, eff. Jan. 1, 1984;

P.A. 85-192, s 2, eff. Aug. 21, 1987; P.A. 85-677, s 17, eff. Sept. 21, 1987; P.A. 85-1209, Art. II, s 2-55, eff. Aug. 30, 1988.

Formerly Ill.Rev.Stat.1991, ch. 110 1/2, p 308.

Â [FN1] 410 ILCS 305/1 et seq.

[FN2] Former Ill.Rev.Stat. ch. 31, p 1 et seq. (repealed; see, now, 55 ILCS 5/3-3001 et seq.).

Â P.A. 85-679, which was identical to and duplicative of P.A. 85-677 was repealed by P.A. 85-1209, Art. II, s 2-78.1, effective Aug. 30, 1988.

Â P.A. 85-1209, the First 1988 Revisory Act, provides in Art. II, for the nonsubstantive revision or renumbering or repeal of certain sections of Acts of the 85th General Assembly through P.A. 85-1014, and corrects errors, revises cross-references and deletes obsolete text in such sections. For provisions of Art. I, s 1-1, relating to intent and supersedure and Art. IV, s 4-1, relating to effective dates and acceleration of Acts with later effective dates or extension or revival of repealed Acts, see Historical Notes following ch. 5, p 804.

755 ILCS 55/1, Corneal tissue transplant--Conditions

*64821 755 ILCS 55/1

Formerly cited as IL ST CH 110 1/2 p 351

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 755. ESTATES

Â ACT 55. ILLINOIS CORNEAL TRANSPLANT ACT

Â Current through P.A. 90-573, apv. 2/6/98

55/1. Corneal tissue transplant--Conditions

Â s 1. Upon request by a physician licensed to practice medicine in all its branches, an eye bank certified by the Eye Bank Association of America, the American Red Cross, the Illinois Eye Bank, the Mennonite Hospital--Watson Gailey Eye Foundation Eye Bank or the Lions of Illinois Eye Donor Registry and approved by the coroner or county medical examiner, in any case in which a patient is in need of corneal tissue for a transplant, a coroner or county medical examiner who orders the performance of an autopsy may provide corneal tissue of a decedent whenever all of the following conditions are met:

Â (a) The decedent from whom the tissue is taken is under the jurisdiction of the coroner or county medical examiner.

Â (b) There has been a reasonable and good faith effort by the coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner to contact an appropriate person as set forth in subsection (a) of Section 2 of this Act.

Â (c) No objection by the decedent or, after the decedent's death, by an appropriate person as set forth in subsection (a) of Section 2 of this Act is known to the coroner or county medical examiner or authorized individual acting for the coroner or county medical examiner prior to removal of the corneal tissue.

Â (d) The person designated to remove the tissue is qualified to do so under the Uniform Anatomical Gift Act. [FN1]

Â (e) Removal of the tissue will not interfere with the subsequent course of an investigation or autopsy.

Â (f) The individual when living did not make known in writing his objection on religious grounds to the removal of his corneal tissue.

P.A. 83-699, s 1, eff. Sept. 23, 1983. Amended by P.A. 83-1328, s 1, eff. Sept. 5, 1984; P.A. 85-192, s 3, eff. Aug. 21, 1987;

P.A. 87-633, Art. 5, s 5-1, eff. Sept. 19, 1991.

Formerly Ill.Rev.Stat.1991, ch. 110 1/2, p 351.

*64822 [FN1] 755 ILCS 50/1 et seq.

Title of Act: An Act in relation to corneal tissue transplants. P.A. 83-699, approved and eff. Sept. 23, 1983.

755 ILCS 55/1.1, Payment for gift

*64823 755 ILCS 55/1.1

Formerly cited as IL ST CH 110 1/2 p 351.1

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 755. ESTATES

Â ACT 55. ILLINOIS CORNEAL TRANSPLANT ACT

Â Current through P.A. 90-573, apv. 2/6/98

55/1.1. Payment for gift

Â s 1.1. Any person who knowingly pays or offers to pay any financial consideration to a donor, coroner, county medical examiner, or any of the persons listed in Section 2 of this Act for providing or consenting to the removal of corneal tissue shall be guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions. However, this Section does not prohibit reimbursement for reasonable costs associated with the removal, storage or transportation of corneal tissue pursuant to this Act.

P.A. 83-699, s 1.1, added by P.A. 85-191, s 3, eff. Aug. 21, 1987. Amended by P.A. 87-633, Art. 5, s 5-1, eff. Sept. 19, 1991.

Formerly Ill.Rev.Stat.1991, ch. 110 1/2, p 351.1.

755 ILCS 55/2, Objections

*64824 755 ILCS 55/2

Formerly cited as IL ST CH 110 1/2 p 352

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 755. ESTATES

Â ACT 55. ILLINOIS CORNEAL TRANSPLANT ACT

Â Current through P.A. 90-573, apv. 2/6/98

55/2. Objections

Â s 2. (a) Objection to the removal of corneal tissue may be made known to the coroner or county medical examiner or authorized individual acting for the coroner or county medical examiner by the individual during his lifetime or by the following persons, in the order of priority stated, after the decedent's death:

Â (1) The decedent's spouse;

Â (2) If there is no spouse, any of the decedent's adult sons or daughters;

Â (3) If there is no spouse and no adult sons or daughters, either of the decedent's parents;

Â (4) If there is no spouse, no adult sons or daughters, and no parents, any of the decedent's adult brothers or sisters;

Â (5) If there is no spouse, no adult sons or daughters, no parents, and no adult brothers or sisters, the guardian of the decedent at the time of his or her death.

Â (b) If the coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner has actual notice of any contrary indications by the decedent or actual notice that any member within the same class specified in subsection (a), paragraphs (1) through (5) of this Section, in the same order of priority, objects to the removal, the coroner or county medical examiner shall not approve the removal of corneal tissue.

P.A. 83-699, s 2, eff. Sept. 23, 1983. Amended by P.A. 85-192, s 3, eff. Aug. 21, 1987; P.A. 87-633, Art. 5, s 5-1, eff. Sept. 19, 1991.

Formerly Ill.Rev.Stat.1991, ch. 110 1/2, p 352.

755 ILCS 55/3, Immunity from civil or criminal liability

*64825 755 ILCS 55/3

Formerly cited as IL ST CH 110 1/2 p 353

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 755. ESTATES

Â ACT 55. ILLINOIS CORNEAL TRANSPLANT ACT

Â Current through P.A. 90-573, apv. 2/6/98

55/3. Immunity from civil or criminal liability

Â s 3. The coroner or county medical examiner or any authorized individual acting for the coroner or county medical examiner authorizing the removal of corneal tissue, or the persons or organizations listed in Section 1 shall not be liable in any civil or criminal action for removing corneal tissue from a decedent and using the same for transplant purposes if there has been compliance with Sections 1, 1.1 and 2 of this Act.

P.A. 83-699, s 3, eff. Sept. 23, 1983. Amended by P.A. 85-191, s 3, eff. Aug. 21, 1987; P.A. 87-633, Art. 5, s 5-1, eff. Sept. 19, 1991.

Formerly Ill.Rev.Stat.1991, ch. 110 1/2, p 353.

820 ILCS 35/8, Process--Manner of service

*69719 820 ILCS 35/8

Formerly cited as IL ST CH 10 p 30

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 820. EMPLOYMENT

Â LABOR RELATIONS

Â ACT 35. EMPLOYEE ARBITRATION ACT

Â Current through P.A. 90-573, apv. 2/6/98

35/8. Process--Manner of service

Â s 8. Any notice or process issued by the Department of Labor shall be served by any sheriff or coroner to whom it is directed or in whose hands it is placed for service.

Laws 1895, Sp.Sess., p. 5, s 8, eff. Aug. 2, 1895. Amended by Laws 1943, vol. 1, p. 207, s 1, eff. July 1, 1943; Laws 1967, p. 3673, s 1, eff. Sept. 7, 1967.

Formerly Ill.Rev.Stat.1991, ch. 10, p 30.

820 ILCS 310/12, Physical examinations--Autopsy

*70279 820 ILCS 310/12

Formerly cited as IL ST CH 48 p 172.47

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 820. EMPLOYMENT

Â INJURIES

Â ACT 310. WORKERS' OCCUPATIONAL DISEASES ACT

Â Current through P.A. 90-573, apv. 2/6/98

310/12. Physical examinations--Autopsy

Â s 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 experts under subsection (c) of Section 19.

Â An employer requesting such an examination, of an employee residing within the State of Illinois, shall pay in advance of the time fixed for the 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.

Â 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 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.

Â *70280 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.

Â 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.

Â 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 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.

Â (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.

Â 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 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.

Â *70281 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.

Â 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 coroner's physician in the discharge of his official duties.

Laws 1951, p. 1095, s 12, eff. July 9, 1951. Amended by P.A. 81-1482, s 2, eff. Sept. 15, 1980.

Formerly Ill.Rev.Stat.1991, ch. 48, p 172.47.

820 ILCS 405/2500, Director not required to pay costs

*70638 820 ILCS 405/2500

Formerly cited as IL ST CH 48 p 740

Â ILLINOIS COMPILED STATUTES

Â CHAPTER 820. EMPLOYMENT

Â UNEMPLOYMENT INSURANCE

Â ACT 405. UNEMPLOYMENT INSURANCE ACT

Â Current through P.A. 90-573, apv. 2/6/98

405/2500. Director not required to pay costs

Â s 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 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 coroner within 10 days after the making of the levy; on receiving such notice the sheriff or coroner shall proceed in accordance with the provisions of Part 2 of Article XII of the Code of Civil Procedure, as amended; [FN1] the giving of such notice within the 10 day period shall be a condition precedent to any judicial action against the sheriff or 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 or coroner for injury or damages to or conversion of the property.

Laws 1937, p. 571, s 26, eff. July 1, 1937. Amended by Laws 1939, p. 572, s 1, eff. May 24, 1939; Laws 1940, 1st Sp.Sess., p. 21, s 1, eff. July 1, 1940; Laws 1941, vol. 1, p. 660, s 1, eff. July 1, 1941; Laws 1949, p. 884, s 1, eff. Aug. 8, 1949; Laws 1951, p. 32, s 1 [s 2500], eff. April 25, 1951; Laws 1965, p. 3516, s 1, eff. Aug. 24, 1965; P.A. 82-783, Art. XI, s 100, eff. July 13, 1982; P.A. 83-346, s 18, eff. Sept. 14, 1983; P.A. 83-358, s 48, eff. Sept. 14, 1983; P.A. 83-889, s 5, eff. Jan. 1, 1985; P.A. 83-1362, Art. II, s 61, eff. Sept. 11, 1984.

Formerly Ill.Rev.Stat.1991, ch. 48, p 740.

*70639 [FN1] 735 ILCS 5/12-201 et seq.

Â P.A. 83-1362, Art. II, the 1984 Revisory Act provided in s 0.1:

Â "This Article provides for the nonsubstantive revision or renumbering or repeal of Sections of Acts necessitated by the amendment, addition or repeal of Sections by two or more Public Acts of the 83rd General Assembly, which multiple action was not resolved by one of the Acts of the 83rd General Assembly affecting the particular Section."

Const. Art. 7, 4, County Officers

*70749 ILCS Const. Art. 7, s 4

Â ILLINOIS COMPILED STATUTES

Â CONSTITUTION OF THE STATE OF ILLINOIS

Â ARTICLE VII. LOCAL GOVERNMENT

Â Current through 4/1/98

s 4. County Officers

Â (a) Any county may elect a chief executive officer as provided by law. He shall have those duties and powers provided by law and those provided by county ordinance.

Â (b) The President of the Cook County Board shall be elected from the County at large and shall be the chief executive officer of the County. If authorized by county ordinance, a person seeking election as President of the Cook County Board may also seek election as a member of the Board.

Â c) Each county shall elect a sheriff, county clerk and treasurer and may elect or appoint a coroner, recorder, assessor, auditor and such other officers as provided by law or by county ordinance. Except as changed pursuant to this Section, elected county officers shall be elected for terms of four years at general elections as provided by law. Any office may be created or eliminated and the terms of office and manner of selection changed by county-wide referendum. Offices other than sheriff, county clerk and treasurer may be eliminated and the terms of office and manner of selection changed by law. Offices other than sheriff, county clerk, treasurer, coroner, recorder, assessor and auditor may be eliminated and the terms of office and manner of selection changed by county ordinance.

Â (d) County officers shall have those duties, powers and functions provided by law and those provided by county ordinance. County officers shall have the duties, powers or functions derived from common law or historical precedent unless altered by law or county ordinance.

Â (e) The county treasurer or the person designated to perform his functions may act as treasurer of any unit of local government and any school district in his county when requested by any such unit or school district and shall so act when required to do so by law.