101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5299

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 50/5-12

    Amends the Illinois Anatomical Gift Act. Provides that an anatomical gift may be made, for the training of search and rescue canines, to a person operating within a State agency, emergency management agency, or local law enforcement agency.


LRB101 17277 LNS 66682 b

 

 

A BILL FOR

 

HB5299LRB101 17277 LNS 66682 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Anatomical Gift Act is amended by
5changing Section 5-12 as follows:
 
6    (755 ILCS 50/5-12)
7    Sec. 5-12. Persons who may receive an anatomical gift;
8purpose of anatomical gift.
9    (a) An anatomical gift may be made to the following persons
10named in the document of gift:
11        (1) for research or education, a hospital; an
12    accredited medical school, dental school, college, or
13    university; an organ procurement organization; or other
14    appropriate person;
15        (2) subject to subsection (b) of this Section, an
16    individual designated by the person making the anatomical
17    gift if the individual is the recipient of the part;
18        (3) an eye bank or tissue bank; or
19        (4) for research or education, a non-transplant
20    anatomic bank; or .
21        (5) for the training of search and rescue canines, a
22    person operating within a State agency, emergency
23    management agency, or local law enforcement agency.

 

 

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1    (b) If an anatomical gift to an individual under item (2)
2of subsection (a) of this Section cannot be transplanted into
3the individual, the part passes in accordance with subsection
4(g) of this Section unless there is an express, contrary
5indication by the person making the anatomical gift.
6    (c) If an anatomical gift of one or more specific parts or
7of all parts is made in a document of gift that does not name a
8person described in subsection (a) of this Section, but
9identifies the purpose for which an anatomical gift may be
10used, the following rules apply:
11        (1) If the part is an eye and the gift is for the
12    purpose of transplantation or therapy, the gift passes to
13    the appropriate eye bank.
14        (2) If the part is tissue and the gift is for the
15    purpose of transplantation or therapy, the gift passes to
16    the appropriate tissue bank.
17        (3) If the part is an organ and the gift is for the
18    purpose of transplantation or therapy, the gift passes to
19    the appropriate organ procurement organization as
20    custodian of the organ.
21        (4) If the part is an organ, an eye, or tissue and the
22    gift is for the purpose of research or education, the gift
23    passes to the appropriate procurement organization.
24    (d) For the purpose of subsection (c) of this Section, if
25there is more than one purpose of an anatomical gift set forth
26in the document of gift but the purposes are not set forth in

 

 

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1any priority, and if the gift cannot be used for
2transplantation or therapy, the gift may be used for research
3or education.
4    (e) If an anatomical gift of one or more specific parts is
5made in a document of gift that does not name a person
6described in subsection (a) of this Section and does not
7identify the purpose of the gift, the gift may be used only for
8transplantation or therapy or research, and the gift passes in
9accordance with subsection (g) of this Section.
10    (f) If a document of gift specifies only a general intent
11to make an anatomical gift by words such as "donor", "organ
12donor", or "body donor", or by a symbol or statement of similar
13import, the gift may be used only for transplantation or
14therapy or research, and the gift passes in accordance with
15subsection (g) of this Section.
16    (g) For purposes of subsections (b), (e), and (f) of this
17Section, the following rules apply:
18        (1) If the part is an eye, the gift passes to the
19    appropriate eye bank.
20        (2) If the part is tissue, the gift passes to the
21    appropriate tissue bank.
22        (3) If the part is an organ, the gift passes to the
23    appropriate organ procurement organization as custodian of
24    the organ.
25    (h) An anatomical gift of an organ for transplantation or
26therapy, other than an anatomical gift under item (2) of

 

 

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1subsection (a) of this Section, passes to the organ procurement
2organization as custodian of the organ.
3    (i) If an anatomical gift does not pass under this Section
4or the decedent's body or part is not used for transplantation,
5therapy, research, or education, custody of the body or part
6passes to the person under obligation to dispose of the body or
7part.
8    (j) A person may not accept an anatomical gift if the
9person knows that the gift was not effectively made under
10Section 5-5 or subsection (e) or (e-5) of Section 5-20 or if
11the person knows that the decedent made a refusal under Section
125-43 that was not revoked.
13    (k) Except as otherwise provided in item (2) of subsection
14(a) of this Section, nothing in this Act affects the allocation
15of organs for transplantation or therapy.
16(Source: P.A. 98-172, eff. 1-1-14.)