Chapter 55 — COUNTIES

(55 ILCS 5/3-3010) (from Ch. 34, par. 3-3010) Sec. 3-3010. Deputy sheriff, undersheriff, or coroner to act when sheriff's office vacant. Where the office of the sheriff is vacant, the chief deputy sheriff or undersheriff if designated by the sheriff to fill the vacancy, or, if no…

(55 ILCS 5/3-3011) (from Ch. 34, par. 3-3011) Sec. 3-3011. Classification of counties. For the purposes of this Division, counties of more than 1,000,000 population shall be designated as Class I counties, and counties of not more than 1,000,000 population as Class II counties. (…

(55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012) Sec. 3-3012. In-service training expenses. The county coroner may maintain a special fund, from which the county board shall authorize payments by voucher between board meetings, to pay necessary travel dues and other expenses incurre…

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) Sec. 3-3013. Preliminary investigations; blood and urine analysis; summoning jury; reports. Every coroner, whenever, as soon as he knows or is informed that the dead body of any person is found, or lying within his county, whose death…

(55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014) Sec. 3-3014. Autopsy to be performed by licensed physician; costs; reports. Any medical examination or autopsy conducted pursuant to this Division shall be performed by a physician duly licensed to practice medicine in all of its bran…

(55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015) Sec. 3-3015. Circumstances under which autopsy to be performed. (a) Where a death has occurred and the circumstances concerning the death are suspicious, obscure, mysterious, or otherwise unexplained and in the opinion of the examinin…

(55 ILCS 5/3-3016) (from Ch. 34, par. 3-3016) Sec. 3-3016. Sudden unexpected infant death and sudden infant death syndrome. Where an infant under one year of age has died suddenly and unexpectedly and the circumstances concerning the death are unexplained following investigation,…

(55 ILCS 5/3-3016.5) Sec. 3-3016.5. Sudden, unexpected death in epilepsy (SUDEP). (a) All autopsies conducted in this State shall include an inquiry to determine whether the death was a direct result of a seizure or epilepsy. If the findings in an autopsy of a medical examiner, e…

(55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017) Sec. 3-3017. Cremation. In any death where the remains are to be cremated, it shall be the duty of the funeral director or person having custody of the dead body to obtain from the coroner a permit to cremate the body. The coroner's p…

(55 ILCS 5/3-3018) (from Ch. 34, par. 3-3018) Sec. 3-3018. Death certificates. Every coroner, as soon as he shall have completed his investigation of the cause and circumstances of any death coming within his jurisdiction hereunder, shall issue a death certificate on the form pre…

(55 ILCS 5/3-3019) (from Ch. 34, par. 3-3019) Sec. 3-3019. Removal of bodies; violation. No dead body which may be subject to the terms of this Division, or the personal property of such a deceased person, shall be handled, moved, disturbed, embalmed or removed from the place of …

(55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020) Sec. 3-3020. Coroner to be notified; violation. Every law enforcement official, funeral director, ambulance attendant, hospital director or administrator or person having custody of the body of a deceased person, where the death is on…

(55 ILCS 5/3-3021) (from Ch. 34, par. 3-3021) Sec. 3-3021. Public policy; release of body to next of kin. As a guide to the interpretation and application of this Division it is declared that the public policy of the State is as follows: That as soon as may be consistent with the…

(55 ILCS 5/3-3022) (from Ch. 34, par. 3-3022) Sec. 3-3022. Bystanders. If a sufficient number of jurors so summoned do not attend, the coroner may summon others from among the bystanders to make up the jury. (Source: P.A. 86-962.)

(55 ILCS 5/3-3023) (from Ch. 34, par. 3-3023) Sec. 3-3023. Penalties against jurors. Whoever, being so summoned as a juror, fails or refuses, without good cause, to attend at the time and place required, or appearing, refuses to act as such juror or misbehaves while acting as suc…

(55 ILCS 5/3-3024) (from Ch. 34, par. 3-3024) Sec. 3-3024. Oath of jurors. When the jury are assembled, the coroner shall appoint one of the number as foreman, and administer to him an oath or affirmation, in the following form, to-wit: You, as foreman to this inquest, do solemnl…

(55 ILCS 5/3-3025) (from Ch. 34, par. 3-3025) Sec. 3-3025. Verdict of jury. It shall be the duty of the jurors, as sworn aforesaid, to inquire how, in what manner, and by whom or what, the said dead body came to its death, and of all other facts of and concerning the same, togeth…

(55 ILCS 5/3-3026) (from Ch. 34, par. 3-3026) Sec. 3-3026. Summoning witnesses; subpoenas. The coroner shall have power to summon, or cause to be summoned, and compel the attendance of all such witnesses whose testimony may probably be requisite to the proving of any fact or circ…

(55 ILCS 5/3-3027) (from Ch. 34, par. 3-3027) Sec. 3-3027. Notice of inquest. The coroner shall make a reasonable attempt to notify the family of the deceased, and all known eyewitnesses to the death, of the date an inquest is to be held. Such notice shall be given at least 7 day…

(55 ILCS 5/3-3028) (from Ch. 34, par. 3-3028) Sec. 3-3028. Recognizance of witness. If the evidence of any witness implicates any person as the unlawful slayer of the person over whom the inquest is held, the coroner shall recognize such witness in such sum as he may think proper…

(55 ILCS 5/3-3029) (from Ch. 34, par. 3-3029) Sec. 3-3029. Commitment of witness; returns. If any witness shall refuse to enter into such recognizance, it shall be the duty of the coroner to commit the witness so refusing to the common jail of the county, there to remain until di…

(55 ILCS 5/3-3030) (from Ch. 34, par. 3-3030) Sec. 3-3030. Representation of witnesses by counsel. Any witness appearing at the inquest shall have the right to be represented by counsel. (Source: P.A. 86-962.)

(55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031) Sec. 3-3031. Testimony reduced to writing; coroner's verdict not admissible in civil suit. The coroner shall cause the testimony of each witness who may be sworn and examined at any inquest to be written out and signed by said witness…

(55 ILCS 5/3-3032) (from Ch. 34, par. 3-3032) Sec. 3-3032. Inquest record. Every coroner shall, at the expense of the county, be supplied with proper record books wherein he shall enter the name, if known, of each person upon whose body an inquest shall be held, together with the…

(55 ILCS 5/3-3033) (from Ch. 34, par. 3-3033) Sec. 3-3033. Disposition of property. When any valuable personal property, money or papers, are found upon or near the body which is the subject of a coroner's investigation, inquiry or inquest, the coroner shall take charge of the sa…

(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034) Sec. 3-3034. Disposition of body. After the inquest the coroner may deliver the body or human remains of the deceased to the family of the deceased or, if there are no family members to accept the body or the remains, then to friends …

(55 ILCS 5/3-3035) (from Ch. 34, par. 3-3035) Sec. 3-3035. Liability of common carrier for burial expenses. When any railroad, common carrier, airline or any steamboat, barge, propeller or other vessel engaged in whole or in part in carrying passengers for hire, brings the dead b…

(55 ILCS 5/3-3036) (from Ch. 34, par. 3-3036) Sec. 3-3036. Arrest of slayer based on verdict. If a person implicated by the inquest as the unlawful slayer of the deceased or an accessory thereto is not in custody therefor, the coroner acting upon the signed verdict of his jury sh…

(55 ILCS 5/3-3037) (from Ch. 34, par. 3-3037) Sec. 3-3037. Embalming dead body. No licensed embalmer or person shall embalm the dead body of any person with, or inject therein, or place thereon any fluid or preparation of any kind before obtaining permission from the coroner wher…

(55 ILCS 5/3-3038) (from Ch. 34, par. 3-3038) Sec. 3-3038. Coroner in military service. In case any coroner is called into the active military service of the United States, the office of coroner shall not be deemed to be vacant during the time such coroner is in the active milita…

(55 ILCS 5/3-3039) (from Ch. 34, par. 3-3039) Sec. 3-3039. Vacancy. Whenever a vacancy occurs in the office of coroner, that vacancy shall be filled as provided in The Election Code. (Source: P.A. 86-962.)

(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040) Sec. 3-3040. Appointment of deputies. Each coroner may appoint one or more deputies as the coroner, in his or her sole discretion, determines necessary and appropriate, subject to county board appropriations. The appointment shall be …

(55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041) Sec. 3-3041. Oath of deputies. Each deputy shall, before entering upon the duties of his office take and subscribe an oath or affirmation, in like form as required of coroners, which shall be filed in the office of the county clerk. (…

(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042) Sec. 3-3042. Duties of deputies. Deputy coroners, duly appointed and qualified, may perform any and all of the duties of the coroner in the name of the coroner, and the acts of such deputies shall be held to be acts of the coroner. (S…

(55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043) Sec. 3-3043. Vacancy; appointed coroner. When a permanent vacancy in the office of coroner occurs and the position is an appointed one, the county board shall fill the vacancy within 60 days from the time the vacancy occurs. If the sh…

(55 ILCS 5/3-3044) (from Ch. 34, par. 3-3044) Sec. 3-3044. Abolition of office; performance of duties by another. If the office of coroner has been abolished in a county by referendum and the referendum did not provide for the performance, by another person, of the duties previou…

(55 ILCS 5/3-3045) Sec. 3-3045. Disposal of medications. A coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating under Section 18 of the Safe Pharmaceutical Disposal Act. (Source: P.A. 99-6…

(55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000) (Text of Section before amendment by P.A. 104-300) Sec. 3-4000. Legislative declaration. The General Assembly recognizes that quality legal representation in criminal and related proceedings is a fundamental right of the people of the…

(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4000.1. Definitions. In this Division, except when a particular context clearly requires a different meaning, the following definitions apply: "Board" means the county boar…

(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001) (Text of Section before amendment by P.A. 104-300) Sec. 3-4001. Public defender in counties over 35,000. In each county of this State containing 35,000 or more inhabitants there is created the office of Public Defender and the person …

(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002) (Text of Section before amendment by P.A. 104-300) Sec. 3-4002. Public defender in counties of less than 35,000. In each county of this State containing less than 35,000 inhabitants, the county board may, by resolution, create the off…

(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003) (Text of Section before amendment by P.A. 104-300) Sec. 3-4003. Public defender in adjoining counties. Any 2 or more adjoining counties of this State that are within the same judicial circuit, may by joint resolution of the several co…

(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004. Appointment of Public Defender in counties under 1,000,000. As soon as may be after this Division becomes applicable to a county with a population under 1,000,000, the ju…

(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004.1. Appointment of Public Defender in counties over 1,000,000. Whenever a vacancy shall occur in the position of Public Defender in counties over 1,000,000, a properly …

(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004.2. Qualifications of Public Defender and terms of employment in counties over 1,000,000. In counties with a population over 1,000,000, the following qualifications and…

(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005) (Text of Section before amendment by P.A. 104-300) Sec. 3-4005. Oath of office. The person appointed as Public Defender, before entering on the duties of his office, shall take and subscribe an oath of office in writing before one of …

(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006) Sec. 3-4006. Duties of public defender. The Public Defender, as directed by the court, shall act as attorney, without fee, before any court within any county for all persons who are held in custody or who are charged with the commissi…

(55 ILCS 5/3-4006.1) Sec. 3-4006.1. (Repealed). (Source: P.A. 91-589, eff. 1-1-00. Repealed by P.A. 101-275, eff. 8-9-19.)

(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007) (Text of Section before amendment by P.A. 104-300) Sec. 3-4007. Compensation. (a) The public defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Perso…

(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008) (Section scheduled to be repealed on January 1, 2027) Sec. 3-4008. Assistants in counties under 1,000,000. The Public Defender in counties with a population under 1,000,000 shall have power to appoint, in the manner directed by the ju…