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Public Act 100-0041


 

Public Act 0041 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0041
 
HB1805 EnrolledLRB100 04367 AXK 14373 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-117 as follows:
 
    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
    Sec. 6-117. Records to be kept by the Secretary of State.
    (a) The Secretary of State shall file every application for
a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the Secretary
of State shall indicate the action taken with respect to such
applications.
    (b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records shall
note the reasons for such action.
    (c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
    (d) The Secretary of State may also maintain appropriate
records of any accident reports received.
    (e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
    (f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
    (g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
        (1) The Secretary shall offer, to each applicant for
    issuance or renewal of a driver's license or identification
    card who is 16 18 years of age or older, the opportunity to
    have his or her name included in the First Person Consent
    organ and tissue donor registry. The Secretary must advise
    the applicant or licensee that he or she is under no
    compulsion to have his or her name included in the
    registry. An individual who agrees to having his or her
    name included in the First Person Consent organ and tissue
    donor registry has given full legal consent to the donation
    of any of his or her organs or tissue upon his or her
    death. A brochure explaining this method of executing an
    anatomical gift must be given to each applicant for
    issuance or renewal of a driver's license or identification
    card. The brochure must advise the applicant or licensee
    (i) that he or she is under no compulsion to have his or
    her name included in this registry and (ii) that he or she
    may wish to consult with family, friends, or clergy before
    doing so.
        (2) The Secretary of State may establish additional
    methods by which an individual may have his or her name
    included in the First Person Consent organ and tissue donor
    registry.
        (3) When an individual has agreed to have his or her
    name included in the First Person Consent organ and tissue
    donor registry, the Secretary of State shall note that
    agreement in the First Person consent organ and tissue
    donor registry. Representatives of federally designated
    organ procurement agencies and tissue banks and the offices
    of Illinois county coroners and medical examiners may
    inquire of the Secretary of State whether a potential organ
    donor's name is included in the First Person Consent organ
    and tissue donor registry, and the Secretary of State may
    provide that information to the representative.
        (4) An individual may withdraw his or her consent to be
    listed in the First Person Consent organ and tissue donor
    registry maintained by the Secretary of State by notifying
    the Secretary of State in writing, or by any other means
    approved by the Secretary, of the individual's decision to
    have his or her name removed from the registry.
        (5) The Secretary of State may undertake additional
    efforts, including education and awareness activities, to
    promote organ and tissue donation.
        (6) In the absence of gross negligence or willful
    misconduct, the Secretary of State and his or her employees
    are immune from any civil or criminal liability in
    connection with an individual's consent to be listed in the
    organ and tissue donor registry.
(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07;
95-1034, eff. 2-17-09.)
 
    Section 10. The Illinois Anatomical Gift Act is amended by
changing Sections 5-5, 5-7, 5-20, 5-43, and 5-47 as follows:
 
    (755 ILCS 50/5-5)  (was 755 ILCS 50/3)
    Sec. 5-5. Persons who may execute an anatomical gift.
    (a) An anatomical gift of a donor's body or part that is to
be carried out upon the donor's death may be made during the
life of the donor for the purpose of transplantation, therapy,
research, or education by:
        (1) the donor, if the donor is an adult, or if the
    donor is an emancipated minor, or 16 or 17 years of age and
    registered in the First Person Consent organ and tissue
    donor registry under subsection (g) of Section 6-117 of the
    Illinois Vehicle Code;
        (2) an agent of the donor, unless the power of attorney
    for health care or other record prohibits the agent from
    making an anatomical gift;
        (3) a parent of the donor, if the donor is an
    unemancipated minor; or
        (4) the donor's guardian.
    (b) If no gift has been executed under subsection (a), an
anatomical gift of a decedent's body or part for the purpose of
transplantation, therapy, research, or education may be made at
the time of the decedent's death, or when death is imminent, by
a member of the following classes of persons who is reasonably
available for the giving of authorization or refusal, in the
order of priority listed, when persons in prior classes are not
available for the giving of authorization or refusal and in the
absence of actual notice of contrary intentions by the
decedent:
        (1) an individual acting as the decedent's agent under
    a power of attorney for health care;
        (2) the guardian of the person of the decedent;
        (3) the spouse or civil union partner of the decedent;
        (4) an adult child of the decedent;
        (5) a parent of the decedent;
        (6) an adult sibling of the decedent;
        (7) an adult grandchild of the decedent;
        (8) a grandparent of the decedent;
        (9) a close friend of the decedent;
        (10) the guardian of the estate of the decedent; and
        (11) any other person authorized or under legal
    obligation to dispose of the body.
    (b-5) If there is more than one member of a class listed in
item (2), (4), (5), (6), or (7) of subsection (b) of this
Section entitled to make an anatomical gift, an anatomical gift
may be made by a member of the class unless that member or a
person to which the gift may pass under Section 5-12 knows of
an objection by another member of the class. If an objection is
known, the gift may be made only by a majority of the members
of the class who are reasonably available for the giving of
authorization or refusal.
    (b-10) A person may not make an anatomical gift if, at the
time of the decedent's death, a person in a higher priority
class under subsection (b) of this Section is reasonably
available for the giving of authorization or refusal.
    (c) A gift of all or part of a body authorizes any blood or
tissue test or minimally invasive examination necessary to
assure medical acceptability of the gift for the purposes
intended. The hospital shall, to the extent possible and in
accordance with any agreement with the organ procurement
organization or tissue bank, take measures necessary to
maintain the medical suitability of the part until the
procurement organization has had the opportunity to advise the
applicable persons as set forth in this Act of the option to
make an anatomical gift or has ascertained that the individual
expressed a contrary intent and has so informed the hospital.
The results of tests and examinations under this subsection
shall be used or disclosed only for purposes of evaluating
medical suitability for donation, to facilitate the donation
process, and as required or permitted by existing law.
    (d) The rights of the donee created by the gift are
paramount to the rights of others except as provided by Section
5-45(d).
    (e) If no gift has been executed under this Act, then no
part of the decedent's body may be used for any purpose
specified in this Act.
(Source: P.A. 98-172, eff. 1-1-14.)
 
    (755 ILCS 50/5-7)
    Sec. 5-7. Preclusive effect of anatomical gift, amendment,
or revocation.
    (a) Subject to subsection (f) of this Section and except as
provided in subsection (a-5) of this Section, in the absence of
an express, contrary indication by the donor, a person other
than the donor is barred from changing, amending, or revoking
an anatomical gift of a donor's body or part if the donor made
an anatomical gift of the donor's body or part under Section
5-20 or an amendment to an anatomical gift of the donor's body
or part under Section 5-42.
    (a-5) Upon the death of a donor who is an unemancipated
minor, a parent or guardian of the donor may amend or revoke an
anatomical gift of the donor's body made under subsection (b-1)
of Section 5-20 of this Act.
    (b) A donor's revocation of an anatomical gift of the
donor's body or part under Section 5-42 is not a refusal and
does not bar another person specified in subsection (a) or (b)
of Section 5-5 from making an anatomical gift of the donor's
body or part under subsection (a), (b), (e), or (e-5) of
Section 5-20.
    (c) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under subsection
(a) or (b) of Section 5-20, or an amendment to an anatomical
gift of the donor's body or part under Section 5-42, another
person may not make, amend, or revoke the gift of the donor's
body or part under subsection (e) or (e-5) of Section 5-20.
    (d) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical
gift, a revocation of an anatomical gift of a donor's body or
part under Section 5-42 by a person other than the donor does
not bar another person from making an anatomical gift of the
body or part under subsection (a), (b), (e), or (e-5) of
Section 5-20.
    (e) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under subsection (a) of Section 5-5, an anatomical gift of a
part is neither a refusal to give another part nor a limitation
on the making of an anatomical gift of another part at a later
time by the donor or another person.
    (f) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under subsection (a) of Section 5-5, an anatomical gift of a
part for one or more of the purposes set forth in subsection
(a) of Section 5-5 is not a limitation on the making of an
anatomical gift of the part for any of the other purposes by
the donor or any other person under subsection (a), (b), (b-5),
(b-10), (e), or (e-5) of Section 5-20.
(Source: P.A. 98-172, eff. 1-1-14.)
 
    (755 ILCS 50/5-20)  (was 755 ILCS 50/5)
    Sec. 5-20. Manner of Executing Anatomical Gifts.
    (a) A donor may make an anatomical gift:
        (1) by authorizing a statement or symbol indicating
    that the donor has made an anatomical gift to be imprinted
    on the donor's driver's license or identification card;
        (2) in a will;
        (3) during a terminal illness or injury of the donor,
    by any form of communication addressed to at least 2
    adults, at least one of whom is a disinterested witness; or
        (4) as provided in subsection (b) and (b-1) of this
    Section.
    (b) A donor or other person authorized to make an
anatomical gift under subsection (a) of Section 5-5 may make a
gift by a donor card or other record signed by the donor or
other person making the gift or by authorizing that a statement
or symbol indicating that the donor has made an anatomical gift
be included on a donor registry. If the donor or other person
is physically unable to sign a record, the record may be signed
by another individual at the direction of the donor or other
person and must:
        (1) be witnessed by at least 2 adults, at least one of
    whom is a disinterested witness, who have signed at the
    request of the donor or the other person; and
        (2) state that it has been signed and witnessed as
    provided in paragraph (1) of this subsection (b).
    (b-1) A gift under Section 5-5 (a) may also be made by an
individual consenting to have his or her name included in the
First Person Consent organ and tissue donor registry maintained
by the Secretary of State under Section 6-117 of the Illinois
Vehicle Code. An individual's consent to have his or her name
included in the First Person Consent organ and tissue donor
registry constitutes full legal authority for the donation of
any of his or her organs or tissue for purposes of
transplantation, therapy, or research. Consenting to be
included in the First Person Consent organ and tissue donor
registry is effective without regard to the presence or
signature of witnesses.
    (b-5) Revocation, suspension, expiration, or cancellation
of a driver's license or identification card upon which an
anatomical gift is indicated does not invalidate the gift.
    (b-10) An anatomical gift made by will takes effect upon
the donor's death whether or not the will is probated.
Invalidation of the will after the donor's death does not
invalidate the gift.
    (c) The anatomical gift may be made to a specified donee or
without specifying a donee. If the gift is made to a specified
donee who is not available at the time and place of death, then
if made for the purpose of transplantation, it shall be
effectuated in accordance with Section 5-25.
    (d) The donee or other person authorized to accept the gift
pursuant to Section 5-12 may employ or authorize any qualified
technician, surgeon, or physician to perform the recovery.
    (e) A person authorized to make an anatomical gift under
subsection (b) of Section 5-5 may make an anatomical gift by a
document of gift signed by the person making the gift or by
that person's oral communication that is electronically
recorded or is contemporaneously reduced to a record and signed
by the individual receiving the oral communication.
    (e-5) An anatomical gift by a person authorized under
subsection (b) of Section 5-5 may be amended or revoked orally
or in a record by a member of a prior class who is reasonably
available for the giving of authorization or refusal. If more
than one member of the prior class is reasonably available for
the giving of authorization or refusal, the gift made by a
person authorized under subsection (b) of Section 5-5 may be:
        (1) amended only if a majority of the class members
    reasonably available for the giving of authorization or
    refusal agree to the amending of the gift; or
        (2) revoked only if a majority of the class members
    reasonably available for the giving of authorization or
    refusal agree to the revoking of the gift or if they are
    equally divided as to whether to revoke the gift.
    (e-10) A revocation under subsection (e-5) is effective
only if, before an incision has been made to remove a part from
the donor's body or before invasive procedures have been
commenced to prepare the recipient, the procurement
organization, non-transplant anatomic bank, transplant
hospital, or physician or technician knows of the revocation.
    (f) When there is a suitable candidate for organ donation
and a donation or consent to donate has not yet been given,
procedures to preserve the decedent's body for possible organ
and tissue donation may be implemented under the authorization
of the applicable organ procurement organization, at its own
expense, prior to making a donation request pursuant to Section
5-25. If the organ procurement organization does not locate a
person authorized to consent to donation or consent to donation
is denied, then procedures to preserve the decedent's body
shall be ceased and no donation shall be made. The organ
procurement organization shall respect the religious tenets of
the decedent, if known, such as a pause after death, before
initiating preservation services. Nothing in this Section
shall be construed to authorize interference with the coroner
in carrying out an investigation or autopsy.
(Source: P.A. 98-172, eff. 1-1-14.)
 
    (755 ILCS 50/5-43)
    Sec. 5-43. Refusal to make anatomical gift; effect of
refusal.
    (a) An individual may refuse to make an anatomical gift of
the individual's body or part by:
        (1) a record signed by:
            (A) the individual; or
            (B) subject to subsection (b) of this Section,
        another individual acting at the direction of the
        individual if the individual is physically unable to
        sign;
        (2) the individual's will, whether or not the will is
    admitted to probate or invalidated after the individual's
    death; or
        (3) any form of communication made by the individual
    during the individual's terminal illness or injury
    addressed to at least 2 adults, at least one of whom is a
    disinterested witness.
    (b) A record signed under subdivision (a)(1)(B) of this
Section must:
        (1) be witnessed by at least 2 adults, at least one of
    whom is a disinterested witness, who have signed at the
    request of the individual; and
        (2) state that it has been signed and witnessed as
    provided in paragraph (1) of this subsection (b).
    (c) An individual who has made a refusal may amend or
revoke the refusal:
        (1) in the manner provided in subsection (a) of this
    Section for making a refusal;
        (2) by subsequently making an anatomical gift under
    subsection (a), (b), (b-1), (b-5), or (b-10) of Section
    5-20 that is inconsistent with the refusal; or
        (3) by destroying or canceling the record evidencing
    the refusal, or the portion of the record used to make the
    refusal, with the intent to revoke the refusal.
    (d) In the absence of an express, contrary indication by
the individual set forth in the refusal, an individual's
unrevoked refusal to make an anatomical gift of the
individual's body or part bars all other persons from making an
anatomical gift of the individual's body or part.
(Source: P.A. 98-172, eff. 1-1-14.)
 
    (755 ILCS 50/5-47)
    Sec. 5-47. Rights and duties of procurement organizations
and others.
    (a) When a hospital refers an individual at or near death
to a procurement organization, the organization shall make a
reasonable search of the records of the Secretary of State and
any donor registry that it knows exists for the geographical
area in which the individual resides to ascertain whether the
individual has made an anatomical gift.
    (b) A procurement organization shall be allowed reasonable
access to information in the records of the Secretary of State
to ascertain whether an individual at or near death is a donor.
If the individual is a donor who is an unemancipated minor, the
procurement organization shall conduct a reasonable search for
a parent or guardian of the donor and shall provide the parent
or guardian with an opportunity to amend or revoke the
anatomical gift of the donor's body.
    (c) Unless prohibited by law other than this Act, at any
time after a donor's death, the person to which a part passes
under Section 5-12 may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part
for its intended purpose.
    (d) Unless prohibited by law other than this Act, an
examination under subsection (c) may include an examination of
all medical and dental records of the donor or prospective
donor.
    (e) Upon referral by a hospital under subsection (a) of
this Section, a procurement organization shall make a
reasonable search for any person listed in subsection (b) of
Section 5-5 having priority to make an anatomical gift on
behalf of a prospective donor. If a procurement organization
receives information that an anatomical gift to any other
person was made, amended, or revoked, it shall promptly advise
the other person of all relevant information.
    (f) Subject to subsection (i) of Section 5-12, the rights
of the person to which a part passes under Section 5-12 are
superior to the rights of all others with respect to the part.
The person may accept or reject an anatomical gift in whole or
in part. Subject to the terms of the document of gift and this
Act, a person who accepts an anatomical gift of an entire body
may allow embalming, burial or cremation, and use of remains in
a funeral service. If the gift is of a part, the person to
which the part passes under Section 5-12, upon the death of the
donor and before embalming, burial, or cremation, shall cause
the part to be removed without unnecessary mutilation.
    (g) Neither the physician who attends the decedent at death
nor the physician who determines the time of the decedent's
death may participate in the procedures for removing or
transplanting a part from the decedent.
    (h) A physician or technician may remove a donated part
from the body of a donor that the physician or technician is
qualified to remove.
(Source: P.A. 98-172, eff. 1-1-14.)

Effective Date: 1/1/2018