Bill
SB 1568
Counties must indemnify and defend physicians performing autopsies for acts within autopsy duties; excludes willful or wanton misconduct; requires timely notice.
Status
- Enacted and filed with the Governor. Signed: May 24, 2025.
- Effective date: September 1, 2025.
- Sponsor(s): Sen. Sally J. Turner (LRB draft lists Turner; related references list AQUINO).
Purpose and intent
- Make counties affirmatively responsible for indemnifying and defending physicians appointed or designated by the county or coroner to perform autopsies when those physicians are sued for acts arising out of the performance of their county duties.
Key provisions
- Mandatory indemnification: The bill changes the Counties Code provision from permissive (“may indemnify”) to mandatory (“shall indemnify and hold harmless”) for physicians who perform autopsies for the county.
- Scope of coverage: The county must indemnify a physician for acts, omissions, decisions, or conduct arising out of the scope of the physician’s autopsy duties for the county.
- Exception: Indemnification does not apply to conduct involving willful or wanton misconduct.
- County intervention and defense: The county that is or may be liable to indemnify the physician shall be permitted to intervene in the civil action and shall be permitted to appear and defend the physician.
- Notice requirement (condition of duty): The county’s duty to indemnify is conditioned on receiving timely written notice of the suit. The physician (or the physician’s agent or attorney) must file written notice in the office of the State’s Attorney and the county clerk. The required notice must identify the physician, state that the physician was served and named as a defendant, provide the case title/number and court, and give the date of service.
- Statutory change: Amends 55 ILCS 5/5‑1003.5 (Counties Code).
Who is affected
- Primary: Physicians appointed or designated by counties or coroners to perform autopsies (these physicians gain an explicit right to county indemnification and access to county defense).
- Counties and taxpayers: Counties incur a mandatory obligation to provide defense and to satisfy judgments (subject to the willful/wanton exception), which may affect county legal budgets, insurance arrangements, and risk management.
- County officials: State’s Attorney offices and county clerks will handle and record the required notices and may be involved in litigation coordination.
Potential impact
- Provides clearer, stronger legal protection for physicians performing county autopsies, potentially aiding recruitment/retention.
- Increases or clarifies fiscal and legal obligations of counties (defense costs, settlements, judgments), though the actual budgetary impact will depend on frequency and size of claims.
- Encourages coordination between physicians and county legal representatives through the formal notice/intervention process.
Compiled from official sources — confirm details with the bill’s official record.
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