DEATHS DOMESTIC VIOL VICTIM

Illinois General Assembly - Full Text of SB1781

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1781

Introduced 2/5/2025, by Sen. Craig Wilcox

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois State Police Law of the Civil Administrative Code
of Illinois and the Illinois Police Training Act. Provides that State
police officers and local police officers shall receive training in
homicide investigations in which the victims were suspected of being
subject to domestic abuse. Amends the Counties Code. Provides that every
coroner, whenever, as soon as he or she knows or is informed that the dead
body of any person is found, or lying within his or her county, whose death
is suspected of being a death, if the circumstances surrounding the death
is known or suspected as due to suicide and affords a reasonable basis to
suspect that the death was caused by or related to the domestic violence of
another, in consultation with a board-certified forensic pathologist
certified by the American Board of Pathology, shall go to the place where
the dead body is and take charge of the same and shall make a preliminary
investigation into the circumstances of the death. Amends the Code of
Criminal Procedure of 1963. Adds the Investigation of Homicides of
Decedents with Identifiable History of Being Victimized by Domestic
Violence Article to the Code. Provides that prior to making any findings as
to the manner and cause of death of a deceased individual with an
identifiable history of being victimized by domestic violence, and with
the presence of 3 or more specified factors, law enforcement investigators
shall interview family members, such as parents, siblings, or other close
friends or relatives of the decedent with relevant information regarding
that history of domestic violence. Lists those factors that law
enforcement investigators must consider in those investigations. Provides
that sworn law enforcement personnel investigating a death if it has been
determined that the decedent has an identifiable history of being
victimized by domestic violence shall be current in their training related
to domestic violence incidents, including training required pursuant to
the Illinois State Police Law of the Civil Administrative Code of Illinois
or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act
to make conforming changes.
LRB104 07511 RLC 17555 b

A BILL FOR

SB1781
LRB104 07511 RLC 17555 b
1

AN ACT concerning deaths of victims of domestic violence.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Findings.
5

(a) The General Assembly finds all of the following:
6

(1) Suspicious death cases, when there is a history of
7

being victimized by domestic violence, are inadequately
8

investigated at times, when a premature decision is made
9

to determine the cause of death as suicide even before a
10

comprehensive investigation has been completed by law
11

enforcement professionals.
12

(2) Domestic violence-related homicides are highly
13

susceptible to staging or alteration of the death scene
14

before investigators can conduct a scene investigation,
15

which hampers the responsibilities of the coroner or
16

medical examiner and compromises the ability of
17

investigators to evaluate death cases adequately.
18

(3) Research has identified 10 red flag markers in
19

suspicious death cases, when there is a history of being
20

victimized by domestic violence, that should be evaluated
21

in any death investigation.
22

(4) An independent right of family members of homicide
23

victims has been created in federal law to obtain
24

information, access victim services, and request an

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independent review of initial findings or the
2

investigation of the death of their family member but the
3

law applies only to those cases under federal
4

jurisdiction.
5

(b) It is the intent of the General Assembly to provide
6
victim services and support to family members in suspicious
7
death cases and support family members who seek a second
8
opinion on the death of their loved one at no cost to any
9
public agency whenever practicable.

10

Section 5.
The Illinois State Police Law of the Civil
11
Administrative Code of Illinois is amended by changing Section
12
2605-51 as follows:

13

(20 ILCS 2605/2605-51)
14

Sec. 2605-51.
Division of the Academy and Training.
15

(a) The Division of the Academy and Training shall
16
exercise, but not be limited to, the following functions:
17

(1) Oversee and operate the Illinois State Police
18

Training Academy.
19

(2) Train and prepare new officers for a career in law
20

enforcement, with innovative, quality training and
21

educational practices.
22

(3) Offer continuing training and educational programs
23

for Illinois State Police employees.
24

(4) Oversee the Illinois State Police's recruitment

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1

initiatives.
2

(5) Oversee and operate the Illinois State Police's
3

quartermaster.
4

(6) Duties assigned to the Illinois State Police in
5

Article 5, Chapter 11 of the Illinois Vehicle Code
6

concerning testing and training officers on the detection
7

of impaired driving.
8

(7) Duties assigned to the Illinois State Police in
9

Article 108B of the Code of Criminal Procedure.
10

(a-5) Successful completion of the Illinois State Police
11
Academy satisfies the minimum standards pursuant to
12
subsections (a), (b), and (d) of Section 7 of the Illinois
13
Police Training Act and exempts State police officers from the
14
Illinois Law Enforcement Training Standards Board's State
15
Comprehensive Examination and Equivalency Examination.
16
Satisfactory completion shall be evidenced by a commission or
17
certificate issued to the officer.
18

(b) The Division of the Academy and Training shall
19
exercise the rights, powers, and duties vested in the former
20
Division of State Troopers by Section 17 of the Illinois State
21
Police Act.
22

(c) Specialized training.
23

(1) Training; cultural diversity. The Division of the
24

Academy and Training shall provide training and continuing
25

education to State police officers concerning cultural
26

diversity, including sensitivity toward racial and ethnic

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1

differences. This training and continuing education shall
2

include, but not be limited to, an emphasis on the fact
3

that the primary purpose of enforcement of the Illinois
4

Vehicle Code is safety and equal and uniform enforcement
5

under the law.
6

(2) Training; death and homicide investigations. The
7

Division of the Academy and Training shall provide
8

training in death and homicide investigation for State
9

police officers. Only State police officers who
10

successfully complete the training may be assigned as lead
11

investigators in death and homicide investigations.
12

Satisfactory completion of the training shall be evidenced
13

by a certificate issued to the officer by the Division of
14

the Academy and Training. The Director shall develop a
15

process for waiver applications for officers whose prior
16

training and experience as homicide investigators may
17

qualify them for a waiver. The Director may issue a
18

waiver, at his or her discretion, based solely on the
19

prior training and experience of an officer as a homicide
20

investigator.
21

(A) The Division shall require all homicide
22

investigator training to include instruction on
23

victim-centered, trauma-informed investigation. This
24

training must be implemented by July 1, 2023.
25

(B) The Division shall cooperate with the Division
26

of Criminal Investigation to develop a model

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curriculum on victim-centered, trauma-informed
2

investigation. This curriculum must be implemented by
3

July 1, 2023.
4

(C) The Division of the Academy and Training shall
5

provide training and continuing education to State
6

police officers concerning:
7

(i) Identification and detection of staged
8

crime scenes.
9

(ii) Working with a multidisciplinary team in
10

the handling of domestic violence cases.
11

(iii) Indicators of domestic homicide in
12

suspicious death cases, including all of the
13

following:
14

(I) The decedent died prematurely or in an
15

untimely manner.
16

(II) The scene of the death gives the
17

appearance of death due to suicide or
18

accident.
19

(III) One partner wanted to end the
20

relationship.
21

(IV) There is a history of being
22

victimized by domestic violence that includes
23

coercive control.
24

(V) The decedent is found dead in a home
25

or place of residence.
26

(VI) The decedent is found by a current or

SB1781
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1

previous partner.
2

(VII) There is a history of being
3

victimized by domestic violence that includes
4

strangulation or suffocation.
5

(VIII) The current or previous partner of
6

the decedent, or child of the decedent or the
7

decedent's current or previous partner, is the
8

last to see the decedent alive.
9

(IX) The partner had control of the scene
10

before law enforcement arrived.
11

(X) The body of the decedent has been
12

moved or the scene or other evidence is
13

altered in some way.

14

(3) Training; police dog training standards. All
15

police dogs used by the Illinois State Police for drug
16

enforcement purposes pursuant to the Cannabis Control Act,
17

the Illinois Controlled Substances Act, and the
18

Methamphetamine Control and Community Protection Act shall
19

be trained by programs that meet the certification
20

requirements set by the Director or the Director's
21

designee. Satisfactory completion of the training shall be
22

evidenced by a certificate issued by the Division of the
23

Academy and Training.
24

(4) Training; post-traumatic stress disorder. The
25

Division of the Academy and Training shall conduct or
26

approve a training program in post-traumatic stress

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disorder for State police officers. The purpose of that
2

training shall be to equip State police officers to
3

identify the symptoms of post-traumatic stress disorder
4

and to respond appropriately to individuals exhibiting
5

those symptoms.
6

(5) Training; opioid antagonists. The Division of the
7

Academy and Training shall conduct or approve a training
8

program for State police officers in the administration of
9

opioid antagonists as defined in paragraph (1) of
10

subsection (e) of Section 5-23 of the Substance Use
11

Disorder Act that is in accordance with that Section. As
12

used in this Section, "State police officers" includes
13

full-time or part-time State police officers,
14

investigators, and any other employee of the Illinois
15

State Police exercising the powers of a peace officer.
16

(6) Training; sexual assault and sexual abuse.
17

(A) Every 3 years, the Division of the Academy and
18

Training shall present in-service training on sexual
19

assault and sexual abuse response and report writing
20

training requirements, including, but not limited to,
21

the following:
22

(i) recognizing the symptoms of trauma;
23

(ii) understanding the role trauma has played
24

in a victim's life;
25

(iii) responding to the needs and concerns of
26

a victim;

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(iv) delivering services in a compassionate,
2

sensitive, and nonjudgmental manner;
3

(v) interviewing techniques in accordance with
4

the curriculum standards in this paragraph (6);
5

(vi) understanding cultural perceptions and
6

common myths of sexual assault and sexual abuse;
7

and
8

(vii) report writing techniques in accordance
9

with the curriculum standards in this paragraph
10

(6).
11

(B) This training must also be presented in all
12

full and part-time basic law enforcement academies.
13

(C) Instructors providing this training shall have
14

successfully completed training on evidence-based,
15

trauma-informed, victim-centered responses to cases of
16

sexual assault and sexual abuse and have experience
17

responding to sexual assault and sexual abuse cases.
18

(D) The Illinois State Police shall adopt rules,
19

in consultation with the Office of the Attorney
20

General and the Illinois Law Enforcement Training
21

Standards Board, to determine the specific training
22

requirements for these courses, including, but not
23

limited to, the following:
24

(i) evidence-based curriculum standards for
25

report writing and immediate response to sexual
26

assault and sexual abuse, including

SB1781
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trauma-informed, victim-centered interview
2

techniques, which have been demonstrated to
3

minimize retraumatization, for all State police
4

officers; and
5

(ii) evidence-based curriculum standards for
6

trauma-informed, victim-centered investigation
7

and interviewing techniques, which have been
8

demonstrated to minimize retraumatization, for
9

cases of sexual assault and sexual abuse for all
10

State police officers who conduct sexual assault
11

and sexual abuse investigations.
12

(7) Training; human trafficking. The Division of the
13

Academy and Training shall conduct or approve a training
14

program in the detection and investigation of all forms of
15

human trafficking, including, but not limited to,
16

involuntary servitude under subsection (b) of Section 10-9
17

of the Criminal Code of 2012, involuntary sexual servitude
18

of a minor under subsection (c) of Section 10-9 of the
19

Criminal Code of 2012, and trafficking in persons under
20

subsection (d) of Section 10-9 of the Criminal Code of
21

2012. This program shall be made available to all cadets
22

and State police officers.
23

(8) Training; hate crimes. The Division of the Academy
24

and Training shall provide training for State police
25

officers in identifying, responding to, and reporting all
26

hate crimes.

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(9) Training; cell phone medical information. The
2

Division of the Academy and Training shall develop and
3

require each State police officer to complete training on
4

accessing and utilizing medical information stored in cell
5

phones. The Division may use the program approved under
6

Section 2310-711 of the Department of Public Health Powers
7

and Duties Law of the Civil Administrative Code of
8

Illinois to develop the Division's program.
9

(10)

(9)
Training; autism spectrum disorders. The
10

Division of the Academy and Training shall provide
11

training for State police officers on the nature of autism
12

spectrum disorders and in identifying and appropriately
13

responding to individuals with autism spectrum disorders.
14

The Illinois State Police shall review the training
15

curriculum and may consult with the Department of Public
16

Health or the Department of Human Services to update the
17

training curriculum as needed. This training shall be made
18

available to all cadets and State police officers.
19

(d) The Division of the Academy and Training shall
20
administer and conduct a program consistent with 18 U.S.C.
21
926B and 926C for qualified active and retired Illinois State
22
Police officers.
23
(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
24
102-813, eff. 5-13-22; 103-34, eff. 1-1-24; 103-939, eff.
25
1-1-25; 103-949, eff. 1-1-25; revised 11-26-24.)

SB1781
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LRB104 07511 RLC 17555 b
1

Section 10.
The Illinois Police Training Act is amended by
2
changing Section 10.1 as follows:

3

(50 ILCS 705/10.1)

(from Ch. 85, par. 510.1)
4

Sec. 10.1.
Additional training programs.
The Board shall
5
initiate, administer, and conduct training programs for
6
permanent law enforcement officers and permanent county
7
corrections officers in addition to the basic recruit training
8
program. The Board may initiate, administer, and conduct
9
training programs for part-time law enforcement officers in
10
addition to the basic part-time law enforcement training
11
course. The training for permanent and part-time law
12
enforcement officers and permanent county corrections officers
13
may be given in any schools selected by the Board. Such
14
training may include all or any part of the subjects
15
enumerated in Sections 7 and 7.4 of this Act.
16

The corporate authorities of all participating local
17
governmental agencies may elect to participate in the advanced
18
training for permanent and part-time law enforcement officers
19
and permanent county corrections officers but nonparticipation
20
in this program shall not in any way affect the mandatory
21
responsibility of governmental units to participate in the
22
basic recruit training programs for probationary full-time and
23
part-time law enforcement and permanent county corrections
24
officers. The failure of any permanent or part-time law
25
enforcement officer or permanent county corrections officer to

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1
successfully complete any course authorized under this Section
2
shall not affect the officer's status as a member of the police
3
department or county sheriff's office of any local
4
governmental agency.
5

The Board may initiate, administer, and conduct training
6
programs for clerks of circuit courts. Those training
7
programs, at the Board's discretion, may be the same or
8
variations of training programs for law enforcement officers.
9

The Board shall initiate, administer, and conduct a
10
training program regarding the set up and operation of
11
portable scales for all municipal and county police officers,
12
technicians, and employees who set up and operate portable
13
scales. This training program must include classroom and field
14
training.
15

The Board shall initiate, administer, and conduct the same
16
training program for permanent law enforcement officers as
17
provided to State police officers under subparagraph (C) of
18
paragraph (2) of subsection (c) of Section 2605-51 of the
19
Illinois State Police Law of the Civil Administrative Code of
20
Illinois.

21
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

22

Section 15.
The Counties Code is amended by changing
23
Section 3-3013 as follows:

24

(55 ILCS 5/3-3013)

(from Ch. 34, par. 3-3013)

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1

Sec. 3-3013.
Preliminary investigations; blood and urine
2
analysis; summoning jury; reports.
Every coroner, whenever,
3
as soon as he knows or is informed that the dead body of any
4
person is found, or lying within his county, whose death is
5
suspected of being:
6

(a) A sudden or violent death, whether apparently
7

suicidal, homicidal, or accidental, including, but not
8

limited to, deaths apparently caused or contributed to by
9

thermal, traumatic, chemical, electrical, or radiational
10

injury, or a complication of any of them, or by drowning or
11

suffocation, or as a result of domestic violence as
12

defined in the Illinois Domestic Violence Act of 1986;
13

(a-1) A death, if the circumstances surrounding the
14

death is known or suspected as due to suicide and affords a
15

reasonable basis to suspect that the death was caused by
16

or related to the domestic violence of another, in
17

consultation with a board-certified forensic pathologist
18

certified by the American Board of Pathology;

19

(b) A death due to a sex crime;
20

(c) A death where the circumstances are suspicious,
21

obscure, mysterious, or otherwise unexplained or where, in
22

the written opinion of the attending physician, the cause
23

of death is not determined;
24

(d) A death where addiction to alcohol or to any drug
25

may have been a contributory cause; or
26

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

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licensed physician;
2
shall go to the place where the dead body is and take charge of
3
the same and shall make a preliminary investigation into the
4
circumstances of the death. In the case of death without
5
attendance by a licensed physician, the body may be moved with
6
the coroner's consent from the place of death to a mortuary in
7
the same county. Coroners in their discretion shall notify
8
such physician as is designated in accordance with Section
9
3-3014 to attempt to ascertain the cause of death, either by
10
autopsy or otherwise.
11

In cases of accidental death involving a motor vehicle in
12
which the decedent was (1) the operator or a suspected
13
operator of a motor vehicle, or (2) a pedestrian 16 years of
14
age or older, the coroner shall require that a blood specimen
15
of at least 30 cc., and if medically possible a urine specimen
16
of at least 30 cc. or as much as possible up to 30 cc., be
17
withdrawn from the body of the decedent in a timely fashion
18
after the crash causing his death, by such physician as has
19
been designated in accordance with Section 3-3014, or by the
20
coroner or deputy coroner or a qualified person designated by
21
such physician, coroner, or deputy coroner. If the county does
22
not maintain laboratory facilities for making such analysis,
23
the blood and urine so drawn shall be sent to the Illinois
24
State Police or any other accredited or State-certified
25
laboratory for analysis of the alcohol, carbon monoxide, and
26
dangerous or narcotic drug content of such blood and urine

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1
specimens. Each specimen submitted shall be accompanied by
2
pertinent information concerning the decedent upon a form
3
prescribed by such laboratory. Any person drawing blood and
4
urine and any person making any examination of the blood and
5
urine under the terms of this Division shall be immune from all
6
liability, civil or criminal, that might otherwise be incurred
7
or imposed.
8

In all other cases coming within the jurisdiction of the
9
coroner and referred to in subparagraphs (a) through (e)
10
above, blood, and, whenever possible, urine samples shall be
11
analyzed for the presence of alcohol and other drugs. When the
12
coroner suspects that drugs may have been involved in the
13
death, either directly or indirectly, a toxicological
14
examination shall be performed which may include analyses of
15
blood, urine, bile, gastric contents, and other tissues. When
16
the coroner suspects a death is due to toxic substances, other
17
than drugs, the coroner shall consult with the toxicologist
18
prior to collection of samples. Information submitted to the
19
toxicologist shall include information as to height, weight,
20
age, sex, and race of the decedent as well as medical history,
21
medications used by, and the manner of death of the decedent.
22

When the coroner or medical examiner finds that the cause
23
of death is due to homicidal means, the coroner or medical
24
examiner shall cause blood and buccal specimens (tissue may be
25
submitted if no uncontaminated blood or buccal specimen can be
26
obtained), whenever possible, to be withdrawn from the body of

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1
the decedent in a timely fashion. For proper preservation of
2
the specimens, collected blood and buccal specimens shall be
3
dried and tissue specimens shall be frozen if available
4
equipment exists. As soon as possible, but no later than 30
5
days after the collection of the specimens, the coroner or
6
medical examiner shall release those specimens to the police
7
agency responsible for investigating the death. As soon as
8
possible, but no later than 30 days after the receipt from the
9
coroner or medical examiner, the police agency shall submit
10
the specimens using the agency case number to a National DNA
11
Index System (NDIS) participating laboratory within this
12
State, such as the Illinois State Police, Division of Forensic
13
Services, for analysis and categorizing into genetic marker
14
groupings. The results of the analysis and categorizing into
15
genetic marker groupings shall be provided to the Illinois
16
State Police and shall be maintained by the Illinois State
17
Police in the State central repository in the same manner, and
18
subject to the same conditions, as provided in Section 5-4-3
19
of the Unified Code of Corrections. The requirements of this
20
paragraph are in addition to any other findings, specimens, or
21
information that the coroner or medical examiner is required
22
to provide during the conduct of a criminal investigation.
23

In all counties, in cases of apparent suicide, homicide,
24
or accidental death or in other cases, within the discretion
25
of the coroner, the coroner may summon 8 persons of lawful age
26
from those persons drawn for petit jurors in the county. The

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1
summons shall command these persons to present themselves
2
personally at such a place and time as the coroner shall
3
determine, and may be in any form which the coroner shall
4
determine and may incorporate any reasonable form of request
5
for acknowledgment which the coroner deems practical and
6
provides a reliable proof of service. The summons may be
7
served by first class mail. From the 8 persons so summoned, the
8
coroner shall select 6 to serve as the jury for the inquest.
9
Inquests may be continued from time to time, as the coroner may
10
deem necessary. The 6 jurors selected in a given case may view
11
the body of the deceased. If at any continuation of an inquest
12
one or more of the original jurors shall be unable to continue
13
to serve, the coroner shall fill the vacancy or vacancies. A
14
juror serving pursuant to this paragraph shall receive
15
compensation from the county at the same rate as the rate of
16
compensation that is paid to petit or grand jurors in the
17
county. The coroner shall furnish to each juror without fee at
18
the time of his discharge a certificate of the number of days
19
in attendance at an inquest, and, upon being presented with
20
such certificate, the county treasurer shall pay to the juror
21
the sum provided for his services.
22

In counties which have a jury commission, in cases of
23
apparent suicide or homicide or of accidental death, the
24
coroner may conduct an inquest. The jury commission shall
25
provide at least 8 jurors to the coroner, from whom the coroner
26
shall select any 6 to serve as the jury for the inquest.

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Inquests may be continued from time to time as the coroner may
2
deem necessary. The 6 jurors originally chosen in a given case
3
may view the body of the deceased. If at any continuation of an
4
inquest one or more of the 6 jurors originally chosen shall be
5
unable to continue to serve, the coroner shall fill the
6
vacancy or vacancies. At the coroner's discretion, additional
7
jurors to fill such vacancies shall be supplied by the jury
8
commission. A juror serving pursuant to this paragraph in such
9
county shall receive compensation from the county at the same
10
rate as the rate of compensation that is paid to petit or grand
11
jurors in the county.
12

In every case in which a fire is determined to be a
13
contributing factor in a death, the coroner shall report the
14
death to the Office of the State Fire Marshal. The coroner
15
shall provide a copy of the death certificate (i) within 30
16
days after filing the permanent death certificate and (ii) in
17
a manner that is agreed upon by the coroner and the State Fire
18
Marshal.
19

In every case in which a drug overdose is officially
20
determined to be the cause or a contributing factor in the
21
death, the coroner or medical examiner shall report the death
22
to the Department of Public Health. The Department of Public
23
Health shall adopt rules regarding specific information that
24
must be reported in the event of such a death, including, at a
25
minimum, the following information, if possible: (i) the cause
26
of the overdose; (ii) whether or not fentanyl was part or all

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of the consumed substance; (iii) if fentanyl is part of the
2
consumed substance, what other substances were consumed; and
3
(iv) if fentanyl is part of the consumed substance, in what
4
proportion was fentanyl consumed to other substance or
5
substances. The coroner must also communicate whether there
6
was a suspicious level of fentanyl in combination with other
7
controlled substances present to all law enforcement agencies
8
in whose jurisdiction the deceased's body was found in a
9
prompt manner. As used in this paragraph, "overdose" has the
10
same meaning as it does in Section 414 of the Illinois
11
Controlled Substances Act. The Department of Public Health
12
shall issue a semiannual report to the General Assembly
13
summarizing the reports received. The Department shall also
14
provide on its website a monthly report of overdose death
15
figures organized by location, age, and any other factors the
16
Department deems appropriate.
17

In addition, in every case in which domestic violence is
18
determined to be a contributing factor in a death, the coroner
19
shall report the death to the Illinois State Police.
20

All deaths in State institutions and all deaths of wards
21
of the State or youth in care as defined in Section 4d of the
22
Children and Family Services Act in private care facilities or
23
in programs funded by the Department of Human Services under
24
its powers relating to mental health and developmental
25
disabilities or alcoholism and substance abuse or funded by
26
the Department of Children and Family Services shall be

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reported to the coroner of the county in which the facility is
2
located. If the coroner has reason to believe that an
3
investigation is needed to determine whether the death was
4
caused by maltreatment or negligent care of the ward of the
5
State or youth in care as defined in Section 4d of the Children
6
and Family Services Act, the coroner may conduct a preliminary
7
investigation of the circumstances of such death as in cases
8
of death under circumstances set forth in subparagraphs (a)
9
through (e) of this Section.
10
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
11
103-154, eff. 6-30-23; 103-842, eff. 1-1-25
.)

12

Section 20.
The Autopsy Act is amended by changing Section
13
2 as follows:

14

(410 ILCS 505/2)

(from Ch. 31, par. 42)
15

Sec. 2.
Any physician may perform an autopsy upon the body
16
of a decedent; provided,
17

a. he has a written authorization from the decedent (or
18
from an agent of the decedent as authorized by the decedent
19
under the Powers of Attorney for Health Care Law, as now or
20
hereafter amended) to do so;
or
21

b. a written authorization from a surviving relative who
22
has the right to determine the method for disposing of the body
23
or a next of kin or other person who has such right;
or
24

b-1. he or she has a written authorization from a law

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1
enforcement investigator requesting a complete autopsy in a
2
case in which the investigator has determined there is an
3
identifiable history of the homicide victim being victimized
4
by domestic violence and any of the conditions listed in
5
subsection (b) of Section 112B-5 of the Code of Criminal
6
Procedure of 1963 are present;

7

c. a telegraphic or telephonic authorization from (i) a
8
surviving relative who has the right to determine the method
9
for disposing of the body or a next of kin or other person who
10
has such right or (ii) an agent of the decedent as authorized
11
by the decedent under the Powers of Attorney for Health Care
12
Law, as now or hereafter amended; provided, the telegraphic or
13
telephonic authorization is verified, in writing, by at least
14
2 persons who were present at the time and place the
15
authorization was received;
or

16

d. where 2 or more persons have equal right to determine
17
the method for disposing of the body, the authorization of
18
only one such person shall be necessary, unless, before the
19
autopsy is performed, any others having such equal right shall
20
object in writing or, if not physically present in the
21
community where the autopsy is to be performed, by telephonic
22
or telegraphic communication to the physician by whom the
23
autopsy is to be performed, in which event, the authorization
24
shall be deemed insufficient.
25

In the case of a suspicious child death, the physician
26
shall be a pathologist certified by the Department of Public

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Health's Advisory Board on Necropsy Services.
2

Authorization may be given to a physician or hospital
3
administrator or his duly authorized representative, but only
4
a physician shall perform the autopsy.
5
(Source: P.A. 86-736.)

6

Section 25.
The Code of Criminal Procedure of 1963 is
7
amended by adding Article 112B as follows:

8

(725 ILCS 5/Art. 112B heading new)
9
ARTICLE 112B.

INVESTIGATION OF HOMICIDES OF DECEDENTS WITH
10
IDENTIFIABLE HISTORY OF BEING VICTIMIZED BY DOMESTIC VIOLENCE

11

(725 ILCS 5/112B-5 new)
12

Sec. 112B-5.
Deceased individual with an identifiable
13
history of being victimized by domestic violence.
14

(a) Prior to making any findings as to the manner and cause
15
of death of a deceased individual with an identifiable history
16
of being victimized by domestic violence, and with the
17
presence of 3 or more factors listed in subsection (b), law
18
enforcement investigators shall interview family members, such
19
as parents, siblings, or other close friends or relatives of
20
the decedent with relevant information regarding that history
21
of domestic violence.

22

(b) Law enforcement investigators may request a complete
23
autopsy, pursuant to paragraph (b-1) of Section 2 of the

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Autopsy Act, in a case in which they have determined there is
2
an identifiable history of being victimized by domestic
3
violence and any of the following conditions are present:

4

(1) The decedent died prematurely or in an untimely
5

manner.

6

(2) The scene of the death gives the appearance of
7

death due to suicide or accident.

8

(3) One partner wanted to end the relationship.

9

(4) There is a history of being victimized by domestic
10

violence that includes coercive control.

11

(5) The decedent is found dead in a home or place of
12

residence.

13

(6) The decedent is found by a current or previous
14

partner.

15

(7) There is a history of being victimized by domestic
16

violence that includes strangulation or suffocation.

17

(8) The current or previous partner of the decedent,
18

or child of the decedent or the decedent's current or
19

previous partner, is the last to see the decedent alive.

20

(9) The partner had control of the scene before law
21

enforcement arrived.

22

(10) The body of the decedent has been moved or the
23

scene or other evidence is altered in some way.

24

(c) Sworn law enforcement personnel investigating a death
25
if it has been determined that the decedent has an
26
identifiable history of being victimized by domestic violence

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1
shall be current in their training related to domestic
2
violence incidents, including training required pursuant to
3
subparagraph (C) of paragraph (2) of subsection (c) of Section
4
2605-51 of the Illinois State Police Law of the Civil
5
Administrative Code of Illinois or Section 10.1 of the
6
Illinois Police Training Act.

7

(d) During the pendency of the investigation and any
8
review, family members shall have access to all victim
9
services and support provided under the Rights of Crime
10
Victims and Witnesses Act.

11

(e) If a local law enforcement agency makes a finding that
12
the death is not a homicide and closes the case, family members
13
or their legal counsel shall have the right to request any and
14
all records of the investigation currently available under the
15
Freedom of Information Act.

16

(f) This Section does not require local law enforcement
17
agencies to compromise an existing or open investigation and
18
does not preempt the discretion provided to local law
19
enforcement agencies in the investigation of death cases. This
20
Section does not impose any additional liability on a local
21
law enforcement agency for its investigation of existing cases
22
or its investigative conclusions in those cases.

23

(g) In this Section:

24

"Domestic violence" has the same meaning as used in
25
Section 103 of the Illinois Domestic Violence Act of 1986.

26

"Identifiable history of being victimized by domestic

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1
violence" means demonstrable past incidents of being
2
victimized by domestic violence that may be verified by prior
3
police reports, written or photographic documentation,
4
restraining order declarations, eyewitness statements, or
5
other evidence that corroborates a history of such incidents.

6

"Partner" means a spouse, former spouse, cohabitant,
7
former cohabitant, fiance, someone with whom the decedent had
8
a dating relationship or engagement for marriage, or the
9
parent of the decedent's child.

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INDEX

2

Statutes amended in order of appearance

3

20 ILCS 2605/2605-51
4

50 ILCS 705/10.1
from Ch. 85, par. 510.1
5

55 ILCS 5/3-3013
from Ch. 34, par. 3-3013
6

410 ILCS 505/2
from Ch. 31, par. 42
7

725 ILCS 5/Art. 112B
8

heading new
9

725 ILCS 5/112B-5 new

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