CORONER REPORT-FENTANYL DEATHS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3014

Introduced 1/28/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-3013

from Ch. 34, par. 3-3013

Amends the Coroner Division of the Counties Code. In provisions
regarding preliminary investigations where a drug overdose is determined
to be the cause or a contributing factor in a death, modifies the
definition of "overdose" to exclude death caused by fentanyl, which shall
be considered poisoning. Provides that, in every case in which fentanyl is
determined to be the cause or a contributing factor in the death, the
coroner or medical examiner shall report the death to the Department of
Public Health as "fentanyl poisoning". Provides that, in the monthly
report of overdose deaths, the Department shall also report on fentanyl
poisoning deaths.
LRB104 19298 RTM 32744 b

A BILL FOR

SB3014
LRB104 19298 RTM 32744 b
1

AN ACT concerning local government.

2

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

4

Section 5.
The Counties Code is amended by changing
5
Section 3-3013 as follows:

6

(55 ILCS 5/3-3013)

(from Ch. 34, par. 3-3013)
7

Sec. 3-3013.
Preliminary investigations; blood and urine
8
analysis; summoning jury; reports.
Every coroner, whenever,
9
as soon as he knows or is informed that the dead body of any
10
person is found, or lying within his county, whose death is
11
suspected of being:
12

(a) A sudden or violent death, whether apparently
13

suicidal, homicidal, or accidental, including, but not
14

limited to, deaths apparently caused or contributed to by
15

thermal, traumatic, chemical, electrical, or radiational
16

injury, or a complication of any of them, or by drowning or
17

suffocation, or as a result of domestic violence as
18

defined in the Illinois Domestic Violence Act of 1986;
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;

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1

(d) A death where addiction to alcohol or to any drug
2

may have been a contributory cause; or
3

(e) A death where the decedent was not attended by a
4

licensed physician;
5
shall go to the place where the dead body is and take charge of
6
the same and shall make a preliminary investigation into the
7
circumstances of the death. In the case of death without
8
attendance by a licensed physician, the body may be moved with
9
the coroner's consent from the place of death to a mortuary in
10
the same county. Coroners in their discretion shall notify
11
such physician as is designated in accordance with Section
12
3-3014 to attempt to ascertain the cause of death, either by
13
autopsy or otherwise.
14

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

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1
State Police or any other accredited or State-certified
2
laboratory for analysis of the alcohol, carbon monoxide, and
3
dangerous or narcotic drug content of such blood and urine
4
specimens. Each specimen submitted shall be accompanied by
5
pertinent information concerning the decedent upon a form
6
prescribed by such laboratory. Any person drawing blood and
7
urine and any person making any examination of the blood and
8
urine under the terms of this Division shall be immune from all
9
liability, civil or criminal, that might otherwise be incurred
10
or imposed.
11

In all other cases coming within the jurisdiction of the
12
coroner and referred to in subparagraphs (a) through (e)
13
above, blood, and, whenever possible, urine samples shall be
14
analyzed for the presence of alcohol and other drugs. When the
15
coroner suspects that drugs may have been involved in the
16
death, either directly or indirectly, a toxicological
17
examination shall be performed which may include analyses of
18
blood, urine, bile, gastric contents, and other tissues. When
19
the coroner suspects a death is due to toxic substances, other
20
than drugs, the coroner shall consult with the toxicologist
21
prior to collection of samples. Information submitted to the
22
toxicologist shall include information as to height, weight,
23
age, sex, and race of the decedent as well as medical history,
24
medications used by, and the manner of death of the decedent.
25

When the coroner or medical examiner finds that the cause
26
of death is due to homicidal means, the coroner or medical

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1
examiner shall cause blood and buccal specimens (tissue may be
2
submitted if no uncontaminated blood or buccal specimen can be
3
obtained), whenever possible, to be withdrawn from the body of
4
the decedent in a timely fashion. For proper preservation of
5
the specimens, collected blood and buccal specimens shall be
6
dried and tissue specimens shall be frozen if available
7
equipment exists. As soon as possible, but no later than 30
8
days after the collection of the specimens, the coroner or
9
medical examiner shall release those specimens to the police
10
agency responsible for investigating the death. As soon as
11
possible, but no later than 30 days after the receipt from the
12
coroner or medical examiner, the police agency shall submit
13
the specimens using the agency case number to a National DNA
14
Index System (NDIS) participating laboratory within this
15
State, such as the Illinois State Police, Division of Forensic
16
Services, for analysis and categorizing into genetic marker
17
groupings. The results of the analysis and categorizing into
18
genetic marker groupings shall be provided to the Illinois
19
State Police and shall be maintained by the Illinois State
20
Police in the State central repository in the same manner, and
21
subject to the same conditions, as provided in Section 5-4-3
22
of the Unified Code of Corrections. The requirements of this
23
paragraph are in addition to any other findings, specimens, or
24
information that the coroner or medical examiner is required
25
to provide during the conduct of a criminal investigation.
26

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

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1
or accidental death or in other cases, within the discretion
2
of the coroner, the coroner may summon 8 persons of lawful age
3
from those persons drawn for petit jurors in the county. The
4
summons shall command these persons to present themselves
5
personally at such a place and time as the coroner shall
6
determine, and may be in any form which the coroner shall
7
determine and may incorporate any reasonable form of request
8
for acknowledgment which the coroner deems practical and
9
provides a reliable proof of service. The summons may be
10
served by first class mail. From the 8 persons so summoned, the
11
coroner shall select 6 to serve as the jury for the inquest.
12
Inquests may be continued from time to time, as the coroner may
13
deem necessary. The 6 jurors selected in a given case may view
14
the body of the deceased. If at any continuation of an inquest
15
one or more of the original jurors shall be unable to continue
16
to serve, the coroner shall fill the vacancy or vacancies. A
17
juror serving pursuant to this paragraph shall receive
18
compensation from the county at the same rate as the rate of
19
compensation that is paid to petit or grand jurors in the
20
county. The coroner shall furnish to each juror without fee at
21
the time of his discharge a certificate of the number of days
22
in attendance at an inquest, and, upon being presented with
23
such certificate, the county treasurer shall pay to the juror
24
the sum provided for his services.
25

In counties which have a jury commission, in cases of
26
apparent suicide or homicide or of accidental death, the

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1
coroner may conduct an inquest. The jury commission shall
2
provide at least 8 jurors to the coroner, from whom the coroner
3
shall select any 6 to serve as the jury for the inquest.
4
Inquests may be continued from time to time as the coroner may
5
deem necessary. The 6 jurors originally chosen in a given case
6
may view the body of the deceased. If at any continuation of an
7
inquest one or more of the 6 jurors originally chosen shall be
8
unable to continue to serve, the coroner shall fill the
9
vacancy or vacancies. At the coroner's discretion, additional
10
jurors to fill such vacancies shall be supplied by the jury
11
commission. A juror serving pursuant to this paragraph in such
12
county shall receive compensation from the county at the same
13
rate as the rate of compensation that is paid to petit or grand
14
jurors in the county.
15

In every case in which a fire is determined to be a
16
contributing factor in a death, the coroner shall report the
17
death to the Office of the State Fire Marshal. The coroner
18
shall provide a copy of the death certificate (i) within 30
19
days after filing the permanent death certificate and (ii) in
20
a manner that is agreed upon by the coroner and the State Fire
21
Marshal.
22

In every case in which a drug overdose is officially
23
determined to be the cause or a contributing factor in the
24
death, the coroner or medical examiner shall report the death
25
to the Department of Public Health. The Department of Public
26
Health shall adopt rules regarding specific information that

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1
must be reported in the event of such a death, including, at a
2
minimum, the following information, if possible: (i) the cause
3
of the overdose; (ii) whether or not fentanyl was part or all
4
of the consumed substance; (iii) if fentanyl is part of the
5
consumed substance, what other substances were consumed; and
6
(iv) if fentanyl is part of the consumed substance, in what
7
proportion was fentanyl consumed to other substance or
8
substances. The coroner must also communicate whether there
9
was a suspicious level of fentanyl in combination with other
10
controlled substances present to all law enforcement agencies
11
in whose jurisdiction the deceased's body was found in a
12
prompt manner. As used in this paragraph, "overdose" has the
13
same meaning as it does in Section 414 of the Illinois
14
Controlled Substances Act
, but it does not include any cause
15
of death caused by fentanyl, which shall be considered
16
poisoning. In every case in which fentanyl is determined to be
17
the cause or a contributing factor in the death, the coroner or
18
medical examiner shall report the death to the Department of
19
Public Health as "fentanyl poisoning"
. The Department of
20
Public Health shall issue a semiannual report to the General
21
Assembly summarizing the reports received. The Department
22
shall also provide on its website a monthly report of overdose
23
death
and fentanyl poisoning death
figures organized by
24
location, age, and any other factors the Department deems
25
appropriate.
26

In addition, in every case in which domestic violence is

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1
determined to be a contributing factor in a death, the coroner
2
shall report the death to the Illinois State Police.
3

All deaths in State institutions and all deaths of wards
4
of the State or youth in care as defined in Section 4d of the
5
Children and Family Services Act in private care facilities or
6
in programs funded by the Department of Human Services under
7
its powers relating to mental health and developmental
8
disabilities or alcoholism and substance abuse or funded by
9
the Department of Children and Family Services shall be
10
reported to the coroner of the county in which the facility is
11
located. If the coroner has reason to believe that an
12
investigation is needed to determine whether the death was
13
caused by maltreatment or negligent care of the ward of the
14
State or youth in care as defined in Section 4d of the Children
15
and Family Services Act, the coroner may conduct a preliminary
16
investigation of the circumstances of such death as in cases
17
of death under circumstances set forth in subparagraphs (a)
18
through (e) of this Section.
19
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
20
103-154, eff. 6-30-23; 103-842, eff. 1-1-25
.)

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