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Public Act 094-0075


 

Public Act 0075 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0075
 
HB1077 Enrolled LRB094 07671 DRH 37845 b

    AN ACT concerning organ and tissue donation.
 
    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
Sections 6-110 and 6-117 as follows:
 
    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
    Sec. 6-110. Licenses issued to drivers.
    (a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, social security number, zip code, date of
birth, residence address, and a brief description of the
licensee, and a space where the licensee may write his usual
signature.
    If the licensee is less than 17 years of age, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during any time the licensee is prohibited from
being on any street or highway under the provisions of the
Child Curfew Act.
    Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
    In lieu of the social security number, the Secretary may in
his discretion substitute a federal tax number or other
distinctive number.
    A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
    (b) Until the Secretary of State establishes a First Person
Consent organ and tissue donor registry under Section 6-117 of
this Code, the The Secretary of State shall provide a format on
the reverse of each driver's license issued which the licensee
may use to execute a document of gift conforming to the
provisions of the Illinois Anatomical Gift Act. The format
shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall
accommodate the signatures of the donor and 2 witnesses. The
Secretary shall also inform each applicant or licensee of this
format, describe the procedure for its execution, and may offer
the necessary witnesses; provided that in so doing, the
Secretary shall advise the applicant or licensee that he or she
is under no compulsion to execute a document of gift. A
brochure explaining this method of executing an anatomical gift
document shall be given to each applicant or licensee. The
brochure shall advise the applicant or licensee that he or she
is under no compulsion to execute a document of gift, and that
he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
    (c) The Secretary of State shall designate on each driver's
license issued a space where the licensee may place a sticker
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical
Information Card.
    The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
    (d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
    (e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's
licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of
State.
    (e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
    (f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
    (g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
    (g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
    (h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 92-689, eff. 1-1-03; 93-794, eff. 7-22-04;
93-895, eff. 1-1-05; revised 10-22-04.)
 
    (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, revoked
or suspended and of the revocation and suspension 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,
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 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 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. 92-458, eff. 8-22-01.)
 
    Section 10. The Illinois Anatomical Gift Act is amended by
changing Sections 5-20, 5-40, and 5-45 as follows:
 
    (755 ILCS 50/5-20)  (was 755 ILCS 50/5)
    Sec. 5-20. Manner of Executing Anatomical Gifts.
    (a) A gift of all or part of the body under Section 5-5 (a)
may be made by will. The gift becomes effective upon the death
of the testator without waiting for probate. If the will is not
probated, or if it is declared invalid for testamentary
purposes, the gift, to the extent that it has been acted upon
in good faith, is nevertheless valid and effective.
    (b) A gift of all or part of the body under Section 5-5 (a)
may also be made by a written, signed document other than a
will. The gift becomes effective upon the death of the donor.
The document, which may be a card or a valid driver's license
designed to be carried on the person, is effective without
regard to the presence or signature of witnesses must be signed
by the donor in the presence of 2 witnesses who must sign the
document in his presence and who thereby certify that he was of
sound mind and memory and free from any undue influence and
knows the objects of his bounty and affection. Such a gift may
also be made by properly executing the form provided by the
Secretary of State on the reverse side of the donor's driver's
license pursuant to subsection (b) of Section 6-110 of The
Illinois Vehicle Code. Delivery of the document of gift during
the donor's lifetime is not necessary to make the gift valid.
    (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. 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.
    (c) The gift may be made to a specified donee or without
specifying a donee. If the latter, the gift may be accepted by
the attending physician as donee upon or following death. 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, and if made for any other purpose the attending
physician upon or following death, in the absence of any
expressed indication that the donor desired otherwise, may
accept the gift as donee.
    (d) Notwithstanding Section 5-45 (b), the donor may
designate in his will, card, or other document of gift the
surgeon or physician to carry out the appropriate procedures.
In the absence of a designation or if the designee is not
available, the donee or other person authorized to accept the
gift may employ or authorize any surgeon or physician for the
purpose.
    (e) Any gift by a person designated in Section 5-5 (b)
shall be made by a document signed by him or made by his
telegraphic, recorded telephonic, or other recorded message.
(Source: P.A. 93-794, eff. 7-22-04.)
 
    (755 ILCS 50/5-40)  (was 755 ILCS 50/7)
    Sec. 5-40. Amendment or Revocation of the Gift.
    (a) If the will, card, or other document or executed copy
thereof, has been delivered to a specified donee, the donor may
amend or revoke the gift by:
        (1) the execution and delivery to the donee of a signed
    statement witnessed and certified as provided in Section
    5-20(b); or
        (2) a signed card or document found on his person, or
    in his effects, executed at a date subsequent to the date
    the original gift was made and witnessed and certified as
    provided in Section 5-20(b).
    (b) Any document of gift which has not been delivered to
the donee may be revoked by the donor in the manner set out in
subsection (a).
    (c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of wills or
as provided in subsection (a).
    (d) 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.
(Source: P.A. 93-794, eff. 7-22-04.)
 
    (755 ILCS 50/5-45)  (was 755 ILCS 50/8)
    Sec. 5-45. Rights and Duties at Death.
    (a) The donee may accept or reject the gift. If the donee
accepts a gift of the entire body, he may, subject to the terms
of the gift, authorize embalming and the use of the body in
funeral services, unless a person named in subsection (b) of
Section 5-5 has requested, prior to the final disposition by
the donee, that the remains of said body be returned to his or
her custody for the purpose of final disposition. Such request
shall be honored by the donee if the terms of the gift are
silent on how final disposition is to take place. If the gift
is of a part of the body, the donee or technician designated by
him upon the death of the donor and prior to embalming, shall
cause the part to be removed without unnecessary mutilation and
without undue delay in the release of the body for the purposes
of final disposition. After removal of the part, custody of the
remainder of the body vests in the surviving spouse, next of
kin, or other persons under obligation to dispose of the body,
in the order or priority listed in subsection (b) of Section
5-5 of this Act.
    (b) The time of death shall be determined by a physician
who attends the donor at his death, or, if none, the physician
who certifies the death. The physician shall not participate in
the procedures for removing or transplanting a part.
    (c) A person who acts in good faith in accord with the
terms of this Act, the Illinois Vehicle Code, and the AIDS
Confidentiality Act, or the anatomical gift laws of another
state or a foreign country, is not liable for damages in any
civil action or subject to prosecution in any criminal
proceeding for his act. Any person that participates in good
faith and according to the usual and customary standards of
medical practice in the removal or transplantation of any part
of a decedent's body pursuant to an anatomical gift made by the
decedent under Section 5-20 of this Act or pursuant to an
anatomical gift made by an individual as authorized by
subsection (b) of Section 5-5 of this Act shall have immunity
from liability, civil, criminal, or otherwise, that might
result by reason of such actions. For the purpose of any
proceedings, civil or criminal, the validity of an anatomical
gift executed pursuant to Section 5-20 of this Act shall be
presumed and the good faith of any person participating in the
removal or transplantation of any part of a decedent's body
pursuant to an anatomical gift made by the decedent or by
another individual authorized by the Act shall be presumed.
    (d) This Act is subject to the provisions of "An Act to
revise the law in relation to coroners", approved February 6,
1874, as now or hereafter amended, to the laws of this State
prescribing powers and duties with respect to autopsies, and to
the statutes, rules, and regulations of this State with respect
to the transportation and disposition of deceased human bodies.
    (e) If the donee is provided information, or determines
through independent examination, that there is evidence that
the gift was exposed to the human immunodeficiency virus (HIV)
or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS), the donee may reject the gift
and shall treat the information and examination results as a
confidential medical record; the donee may disclose only the
results confirming HIV exposure, and only to the physician of
the deceased donor. The donor's physician shall determine
whether the person who executed the gift should be notified of
the confirmed positive test result.
(Source: P.A. 93-794, eff. 7-22-04.)

Effective Date: 1/1/2006