SB 2779

Abstract

Amends the Counties Code and the Autopsy Act. Provides that autopsies must be performed by board-certified forensic pathologists or, if under the direct supervision of a board-certified forensic pathologist, pathology residents or forensic pathology fellows (rather than a licensed physician must perform autopsies). In the Autopsy Act, further provides that other qualified personnel or other qualified personnel selected by a board-certified forensic pathologist (rather than a physician) may perform (rather than assist) an autopsy. Further amends the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a board-certified forensic pathologist who renders services under the provisions for all of the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a board-certified forensic pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a board-certified forensic pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist's conduct arising out of the pathologist's testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State's Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the board-certified forensic pathologist. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-3014 from Ch. 34, par. 3-3014 55 ILCS 5/3-3016 from Ch. 34, par. 3-3016 410 ILCS 505/1 from Ch. 31, par. 41 410 ILCS 505/2 from Ch. 31, par. 42 410 ILCS 505/3 from Ch. 31, par. 43 Adds reference to: 55 ILCS 5/5-1003.5 new Replaces everything after the enacting clause. Amends the Counties Code. Provides that a county shall indemnify and hold harmless a physician who has been appointed or designated by the county or the coroner's office to perform autopsies for all of the physician's acts, omissions, decisions, or conduct arising out of the scope of the physician's duties of performing autopsies for the county, except those involving willful or wanton misconduct. Requires the physician to provide specified notice to the State's Attorney and the county clerk within 10 days after service of process upon the physician. Provides that the county that is or may be liable to indemnify the physician may intervene in the action against the physician and shall be permitted to appear and defend. Provides that the duty of the county to indemnify any physician for any judgment recovered against the physician is conditioned upon receiving notice of the filing of any such action in the manner and form specified.