Full Text of HB1805 100th General Assembly
HB1805enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-117 as follows:
| 6 | | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
| 7 | | Sec. 6-117. Records to be kept by the Secretary of State.
| 8 | | (a) The Secretary of State shall file every application for | 9 | | a license or
permit accepted under this Chapter, and shall | 10 | | maintain suitable
indexes thereof. The records of the Secretary | 11 | | of State shall indicate the
action taken with respect to such | 12 | | applications.
| 13 | | (b) The Secretary of State shall maintain appropriate | 14 | | records of all
licenses and permits refused, cancelled, | 15 | | disqualified, revoked, or suspended and of the
revocation,
| 16 | | suspension, and disqualification of driving privileges of | 17 | | persons not licensed
under this Chapter, and such records shall | 18 | | note the reasons for such
action.
| 19 | | (c) The Secretary of State shall maintain appropriate | 20 | | records of
convictions reported under this Chapter. Records of | 21 | | conviction may be
maintained in a computer processible medium.
| 22 | | (d) The Secretary of State may also maintain appropriate | 23 | | records of any
accident reports received.
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| 1 | | (e) The Secretary of State shall also maintain appropriate | 2 | | records
of any disposition of supervision or records
relative
| 3 | | to a driver's referral to a driver remedial or rehabilitative | 4 | | program, as
required by the Secretary of State or the courts. | 5 | | Such records shall only
be available for use by the Secretary, | 6 | | the driver licensing administrator of any other state, law | 7 | | enforcement agencies, the
courts, and the affected driver or, | 8 | | upon proper verification,
such affected driver's attorney.
| 9 | | (f) The Secretary of State shall also maintain or contract | 10 | | to maintain
appropriate records of all photographs and | 11 | | signatures obtained in the process
of issuing any driver's | 12 | | license, permit, or identification card. The record
shall be | 13 | | confidential and shall not be disclosed except to those | 14 | | entities
listed under Section 6-110.1 of this Code.
| 15 | | (g) The Secretary of State may establish a First Person | 16 | | Consent organ and tissue donor registry in compliance with | 17 | | subsection (b-1) of Section 5-20 of the Illinois Anatomical | 18 | | Gift Act, as follows: | 19 | | (1) The Secretary shall offer, to each applicant for | 20 | | issuance or renewal of a driver's license or identification | 21 | | card who is 16 18 years of age or older, the opportunity to | 22 | | have his or her name included in the First Person Consent | 23 | | organ and tissue donor registry. The Secretary must advise | 24 | | the applicant or licensee that he or she is under no | 25 | | compulsion to have his or her name included in the | 26 | | registry. An individual who agrees to having his or her |
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| 1 | | name included in the First Person Consent organ and tissue | 2 | | donor registry has given full legal consent to the donation | 3 | | of any of his or her organs or tissue upon his or her | 4 | | death. A brochure explaining this method of executing an | 5 | | anatomical gift must be given to each applicant for | 6 | | issuance or renewal of a driver's license or identification | 7 | | card. The brochure must advise the applicant or licensee | 8 | | (i) that he or she is under no compulsion to have his or | 9 | | her name included in this registry and (ii) that he or she | 10 | | may wish to consult with family, friends, or clergy before | 11 | | doing so. | 12 | | (2) The Secretary of State may establish additional | 13 | | methods by which an individual may have his or her name | 14 | | included in the First Person Consent organ and tissue donor | 15 | | registry. | 16 | | (3) When an individual has agreed to have his or her | 17 | | name included in the First Person Consent organ and tissue | 18 | | donor registry, the Secretary of State shall note that | 19 | | agreement in the First Person consent organ and tissue | 20 | | donor registry. Representatives of federally designated | 21 | | organ procurement agencies and tissue banks and the offices | 22 | | of Illinois county coroners and medical examiners may | 23 | | inquire of the Secretary of State whether a potential organ | 24 | | donor's name is included in the First Person Consent organ | 25 | | and tissue donor registry, and the Secretary of State may | 26 | | provide that information to the representative. |
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| 1 | | (4) An individual may withdraw his or her consent to be | 2 | | listed in the First Person Consent organ and tissue donor | 3 | | registry maintained by the Secretary of State by notifying | 4 | | the Secretary of State in writing, or by any other means | 5 | | approved by the Secretary, of the individual's decision to | 6 | | have his or her name removed from the registry. | 7 | | (5) The Secretary of State may undertake additional | 8 | | efforts, including education and awareness activities, to | 9 | | promote organ and tissue donation. | 10 | | (6) In the absence of gross negligence or willful | 11 | | misconduct, the Secretary of State and his or her employees | 12 | | are immune from any civil or criminal liability in | 13 | | connection with an individual's consent to be listed in the | 14 | | organ and tissue donor registry.
| 15 | | (Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07; | 16 | | 95-1034, eff. 2-17-09.)
| 17 | | Section 10. The Illinois Anatomical Gift Act is amended by | 18 | | changing Sections 5-5, 5-7, 5-20, 5-43, and 5-47 as follows: | 19 | | (755 ILCS 50/5-5) (was 755 ILCS 50/3)
| 20 | | Sec. 5-5. Persons who
may execute an anatomical gift.
| 21 | | (a) An anatomical gift of a donor's body or part that is to | 22 | | be carried out upon the donor's death may be made during the | 23 | | life of the donor for the purpose of transplantation, therapy, | 24 | | research, or education by: |
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| 1 | | (1) the donor, if the donor is an adult , or if the | 2 | | donor is an emancipated minor , or 16 or 17 years of age and | 3 | | registered in the First Person Consent organ and tissue | 4 | | donor registry under subsection (g) of Section 6-117 of the | 5 | | Illinois Vehicle Code ; | 6 | | (2) an agent of the donor, unless the power of attorney | 7 | | for health care or other record prohibits the agent from | 8 | | making an anatomical gift; | 9 | | (3) a parent of the donor, if the donor is an | 10 | | unemancipated minor; or | 11 | | (4) the donor's guardian.
| 12 | | (b) If no gift has been executed under subsection (a), an | 13 | | anatomical gift of a decedent's body or part for the purpose of | 14 | | transplantation, therapy, research, or education may be made at | 15 | | the time of the decedent's death, or when death is imminent, by | 16 | | a member of the following classes of persons who is reasonably | 17 | | available for the giving of authorization or refusal, in the | 18 | | order of priority listed, when
persons
in prior classes are not | 19 | | available for the giving of authorization or refusal and
in the | 20 | | absence of actual notice
of contrary intentions by the | 21 | | decedent:
| 22 | | (1) an individual acting as the decedent's agent under | 23 | | a
power of attorney for health
care;
| 24 | | (2) the guardian of the person of the decedent; | 25 | | (3) the spouse or civil union partner of the decedent; | 26 | | (4) an adult child of the decedent; |
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| 1 | | (5) a parent of the decedent; | 2 | | (6) an adult sibling of the decedent; | 3 | | (7) an adult grandchild of the decedent; | 4 | | (8) a grandparent of the decedent; | 5 | | (9) a close friend of the decedent; | 6 | | (10) the guardian of the estate of the decedent; and
| 7 | | (11) any other person authorized or under legal
| 8 | | obligation to dispose of
the body.
| 9 | | (b-5) If there is more than one member of a class listed in | 10 | | item (2), (4), (5), (6), or (7) of subsection (b) of this | 11 | | Section entitled to make an anatomical gift, an anatomical gift | 12 | | may be made by a member of the class unless that member or a | 13 | | person to which the gift may pass under Section 5-12 knows of | 14 | | an objection by another member of the class. If an objection is | 15 | | known, the gift may be made only by a majority of the members | 16 | | of the class who are reasonably available for the giving of | 17 | | authorization or refusal. | 18 | | (b-10) A person may not make an anatomical gift if, at the | 19 | | time of the decedent's death, a person in a higher priority | 20 | | class under subsection (b) of this Section is reasonably | 21 | | available for the giving of authorization or refusal. | 22 | | (c) A gift of all or part of a body authorizes any blood or | 23 | | tissue test or minimally invasive examination
necessary
to | 24 | | assure medical acceptability of the gift for the purposes | 25 | | intended.
The hospital shall, to the extent possible and in | 26 | | accordance with any agreement with the organ procurement |
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| 1 | | organization or tissue bank, take measures necessary to | 2 | | maintain the medical suitability of the part until the | 3 | | procurement organization has had the opportunity to advise the | 4 | | applicable persons as set forth in this Act of the option to | 5 | | make an anatomical gift or has ascertained that the individual | 6 | | expressed a contrary intent and has so informed the hospital. | 7 | | The results of tests and examinations under this subsection | 8 | | shall be used or disclosed only for purposes of evaluating | 9 | | medical suitability for donation, to facilitate the donation | 10 | | process, and as required or permitted by existing law.
| 11 | | (d) The rights of the donee created by the gift are | 12 | | paramount to
the
rights of others except as provided by Section | 13 | | 5-45(d).
| 14 | | (e) If no gift has been executed under this Act, then no
| 15 | | part of the
decedent's body may be used for any purpose | 16 | | specified in this
Act.
| 17 | | (Source: P.A. 98-172, eff. 1-1-14.)
| 18 | | (755 ILCS 50/5-7) | 19 | | Sec. 5-7. Preclusive effect of anatomical gift, amendment, | 20 | | or revocation. | 21 | | (a) Subject to subsection (f) of this Section and except as | 22 | | provided in subsection (a-5) of this Section , in the absence of | 23 | | an express, contrary indication by the donor, a person other | 24 | | than the donor is barred from changing, amending, or revoking | 25 | | an anatomical gift of a donor's body or part if the donor made |
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| 1 | | an anatomical gift of the donor's body or part under Section | 2 | | 5-20 or an amendment to an anatomical gift of the donor's body | 3 | | or part under Section 5-42. | 4 | | (a-5) Upon the death of a donor who is an unemancipated | 5 | | minor, a parent or guardian of the donor may amend or revoke an | 6 | | anatomical gift of the donor's body made under subsection (b-1) | 7 | | of Section 5-20 of this Act. | 8 | | (b) A donor's revocation of an anatomical gift of the | 9 | | donor's body or part under Section 5-42 is not a refusal and | 10 | | does not bar another person specified in subsection (a) or (b) | 11 | | of Section 5-5 from making an anatomical gift of the donor's | 12 | | body or part under subsection (a), (b), (e), or (e-5) of | 13 | | Section 5-20. | 14 | | (c) If a person other than the donor makes an unrevoked | 15 | | anatomical gift of the donor's body or part under subsection | 16 | | (a) or (b) of Section 5-20, or an amendment to an anatomical | 17 | | gift of the donor's body or part under Section 5-42, another | 18 | | person may not make, amend, or revoke the gift of the donor's | 19 | | body or part under subsection (e) or (e-5) of Section 5-20. | 20 | | (d) In the absence of an express, contrary indication by | 21 | | the donor or other person authorized to make an anatomical | 22 | | gift, a revocation of an anatomical gift of a donor's body or | 23 | | part under Section 5-42 by a person other than the donor does | 24 | | not bar another person from making an anatomical gift of the | 25 | | body or part under subsection (a), (b), (e), or (e-5) of | 26 | | Section 5-20. |
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| 1 | | (e) In the absence of an express, contrary indication by | 2 | | the donor or other person authorized to make an anatomical gift | 3 | | under subsection (a) of Section 5-5, an anatomical gift of a | 4 | | part is neither a refusal to give another part nor a limitation | 5 | | on the making of an anatomical gift of another part at a later | 6 | | time by the donor or another person. | 7 | | (f) In the absence of an express, contrary indication by | 8 | | the donor or other person authorized to make an anatomical gift | 9 | | under subsection (a) of Section 5-5, an anatomical gift of a | 10 | | part for one or
more of the purposes set forth in subsection | 11 | | (a) of Section 5-5 is not a limitation on the making of an | 12 | | anatomical gift of the part for any of the other purposes by | 13 | | the donor or any other person under subsection (a), (b), (b-5), | 14 | | (b-10), (e), or (e-5) of Section 5-20.
| 15 | | (Source: P.A. 98-172, eff. 1-1-14.) | 16 | | (755 ILCS 50/5-20) (was 755 ILCS 50/5)
| 17 | | Sec. 5-20. Manner of Executing Anatomical Gifts.
| 18 | | (a) A donor may make an anatomical gift: | 19 | | (1) by authorizing a statement or symbol indicating | 20 | | that the donor has made an anatomical gift to be imprinted | 21 | | on the donor's driver's license or identification card; | 22 | | (2) in a will; | 23 | | (3) during a terminal illness or injury of the donor, | 24 | | by any form of communication addressed to at least 2 | 25 | | adults, at least one of whom is a disinterested witness; or |
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| 1 | | (4) as provided in subsection (b) and (b-1) of this | 2 | | Section.
| 3 | | (b) A donor or other person authorized to make an | 4 | | anatomical gift under subsection (a) of Section 5-5 may make a | 5 | | gift by a donor card or other record signed by the donor or | 6 | | other person making the gift or by authorizing that a statement | 7 | | or symbol indicating that the donor has made an anatomical gift | 8 | | be included on a donor registry. If the donor or other person | 9 | | is physically unable to sign a record, the record may be signed | 10 | | by another individual at the direction of the donor or other | 11 | | person and must: | 12 | | (1) be witnessed by at least 2 adults, at least one of | 13 | | whom is a disinterested witness, who have signed at the | 14 | | request of the donor or the other person; and | 15 | | (2) state that it has been signed and witnessed as | 16 | | provided in paragraph (1) of this subsection (b).
| 17 | | (b-1) A gift under Section 5-5 (a) may also be made by an | 18 | | individual consenting to have his or her name included in the | 19 | | First Person Consent organ and tissue donor registry maintained | 20 | | by the Secretary of State under Section 6-117 of the Illinois | 21 | | Vehicle Code. An individual's consent to have his or her name | 22 | | included in the First Person Consent organ and tissue donor | 23 | | registry constitutes full legal authority for the donation of | 24 | | any of his or her organs or tissue for purposes of | 25 | | transplantation, therapy, or research. Consenting to be | 26 | | included in the First Person Consent organ and tissue donor |
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| 1 | | registry is effective without regard to the presence or | 2 | | signature of witnesses.
| 3 | | (b-5) Revocation, suspension, expiration, or cancellation | 4 | | of a driver's license or identification card upon which an | 5 | | anatomical gift is indicated does not invalidate the gift. | 6 | | (b-10) An anatomical gift made by will takes effect upon | 7 | | the donor's death whether or not the will is probated. | 8 | | Invalidation of the will after the donor's death does not | 9 | | invalidate the gift. | 10 | | (c) The anatomical gift may be made to a specified donee or | 11 | | without specifying a
donee. If the gift is made to a specified | 12 | | donee
who is not available at the time and place of death, then | 13 | | if made for the
purpose of transplantation, it shall be | 14 | | effectuated in accordance with Section
5-25.
| 15 | | (d) The donee or other person authorized to accept the gift | 16 | | pursuant to Section 5-12
may employ or authorize any qualified | 17 | | technician, surgeon, or physician to perform the recovery.
| 18 | | (e) A person authorized to make an anatomical gift under | 19 | | subsection (b) of Section 5-5 may make an anatomical gift by a | 20 | | document of gift signed by the person making the gift or by | 21 | | that person's oral communication that is electronically | 22 | | recorded or is contemporaneously reduced to a record and signed | 23 | | by the individual receiving the oral communication.
| 24 | | (e-5) An anatomical gift by a person authorized under | 25 | | subsection (b) of Section 5-5 may be amended or revoked orally | 26 | | or in a record by a member of a prior class who is reasonably |
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| 1 | | available for the giving of authorization or refusal. If more | 2 | | than one member of the prior class is reasonably available for | 3 | | the giving of authorization or refusal, the gift made by a | 4 | | person authorized under subsection (b) of Section 5-5 may be: | 5 | | (1) amended only if a majority of the class members | 6 | | reasonably available for the giving of authorization or | 7 | | refusal agree to the amending of the gift; or | 8 | | (2) revoked only if a majority of the class members | 9 | | reasonably available for the giving of authorization or | 10 | | refusal agree to the revoking of the gift or if they are | 11 | | equally divided as to whether to revoke the gift. | 12 | | (e-10) A revocation under subsection (e-5) is effective | 13 | | only if, before an incision has been made to remove a part from | 14 | | the donor's body or before invasive procedures have been | 15 | | commenced to prepare the recipient, the procurement | 16 | | organization, non-transplant anatomic bank, transplant | 17 | | hospital, or physician or technician knows of the revocation. | 18 | | (f) When there is a suitable candidate for organ donation | 19 | | and a donation or consent to donate has not yet been given, | 20 | | procedures to preserve the decedent's body for possible organ | 21 | | and tissue donation may be implemented under the authorization | 22 | | of the applicable organ procurement organization, at its own | 23 | | expense, prior to making a donation request pursuant to Section | 24 | | 5-25. If the organ procurement organization does not locate a | 25 | | person authorized to consent to donation or consent to donation | 26 | | is denied, then procedures to preserve the decedent's body |
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| 1 | | shall be ceased and no donation shall be made. The organ | 2 | | procurement organization shall respect the religious tenets of | 3 | | the decedent, if known, such as a pause after death, before | 4 | | initiating preservation services. Nothing in this Section | 5 | | shall be construed to authorize interference with the coroner | 6 | | in carrying out an investigation or autopsy.
| 7 | | (Source: P.A. 98-172, eff. 1-1-14.)
| 8 | | (755 ILCS 50/5-43) | 9 | | Sec. 5-43. Refusal to make anatomical gift; effect of | 10 | | refusal. | 11 | | (a) An individual may refuse to make an anatomical gift of | 12 | | the individual's body or part by: | 13 | | (1) a record signed by: | 14 | | (A) the individual; or | 15 | | (B) subject to subsection (b) of this Section, | 16 | | another individual acting at the direction of the | 17 | | individual if the individual is physically unable to | 18 | | sign; | 19 | | (2) the individual's will, whether or not the will is | 20 | | admitted to probate or invalidated after the individual's | 21 | | death; or | 22 | | (3) any form of communication made by the individual | 23 | | during the individual's terminal illness or injury | 24 | | addressed to at least 2 adults, at least one of whom is a | 25 | | disinterested witness. |
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| 1 | | (b) A record signed under subdivision (a)(1)(B) of this | 2 | | Section must: | 3 | | (1) be witnessed by at least 2 adults, at least one of | 4 | | whom is a disinterested witness, who have signed at the | 5 | | request of the individual; and | 6 | | (2) state that it has been signed and witnessed as | 7 | | provided in paragraph (1) of this subsection (b). | 8 | | (c) An individual who has made a refusal may amend or | 9 | | revoke the refusal: | 10 | | (1) in the manner provided in subsection (a) of this | 11 | | Section for making a refusal; | 12 | | (2) by subsequently making an anatomical gift under | 13 | | subsection (a), (b), (b-1), (b-5), or (b-10) of Section | 14 | | 5-20 that is inconsistent with the refusal; or | 15 | | (3) by destroying or canceling the record evidencing | 16 | | the refusal, or the portion of the record used to make the | 17 | | refusal, with the intent to revoke the refusal. | 18 | | (d) In the absence of an express, contrary indication by | 19 | | the individual set forth in the refusal, an individual's | 20 | | unrevoked refusal to make an anatomical gift of the | 21 | | individual's body or part bars all other persons from making an | 22 | | anatomical gift of the individual's body or part.
| 23 | | (Source: P.A. 98-172, eff. 1-1-14.) | 24 | | (755 ILCS 50/5-47) | 25 | | Sec. 5-47. Rights and duties of procurement organizations |
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| 1 | | and others. | 2 | | (a) When a hospital refers an individual at or near death | 3 | | to a procurement organization, the organization shall make a | 4 | | reasonable search of the records of the Secretary of State and | 5 | | any donor registry that it knows exists for the geographical | 6 | | area in which the individual resides to ascertain whether the | 7 | | individual has made an anatomical gift. | 8 | | (b) A procurement organization shall be allowed reasonable | 9 | | access to information in the records of the Secretary of State | 10 | | to ascertain whether an individual at or near death is a donor. | 11 | | If the individual is a donor who is an unemancipated minor, the | 12 | | procurement organization shall conduct a reasonable search for | 13 | | a parent or guardian of the donor and shall provide the parent | 14 | | or guardian with an opportunity to amend or revoke the | 15 | | anatomical gift of the donor's body. | 16 | | (c) Unless prohibited by law other than this Act, at any | 17 | | time after a donor's death, the person to which a part passes | 18 | | under Section 5-12 may conduct any reasonable examination | 19 | | necessary to ensure the medical suitability of the body or part | 20 | | for its intended purpose. | 21 | | (d) Unless prohibited by law other than this Act, an | 22 | | examination under subsection (c) may include an examination of | 23 | | all medical and dental records of the donor or prospective | 24 | | donor. | 25 | | (e) Upon referral by a hospital under subsection (a) of | 26 | | this Section, a procurement organization shall make a |
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| 1 | | reasonable search for any person listed in subsection (b) of | 2 | | Section 5-5 having priority to make an anatomical gift on | 3 | | behalf of a prospective donor. If a procurement organization | 4 | | receives information that an anatomical gift to any other | 5 | | person was made, amended, or revoked, it shall promptly advise | 6 | | the other person of all relevant information. | 7 | | (f) Subject to subsection (i) of Section 5-12, the rights | 8 | | of the person to which a part passes under Section 5-12 are | 9 | | superior to the rights of all others with respect to the part. | 10 | | The person may accept or reject an anatomical gift in whole or | 11 | | in part. Subject to the terms of the document of gift and this | 12 | | Act, a person who accepts an anatomical gift of an entire body | 13 | | may allow embalming, burial or cremation, and use of remains in | 14 | | a funeral service. If the gift is of a part, the person to | 15 | | which the part passes under Section 5-12, upon the death of the | 16 | | donor and before embalming, burial, or cremation, shall cause | 17 | | the part to be removed without unnecessary mutilation. | 18 | | (g) Neither the physician who attends the decedent at death | 19 | | nor the physician who determines the time of the decedent's | 20 | | death may participate in the procedures for removing or | 21 | | transplanting a part from the decedent. | 22 | | (h) A physician or technician may remove a donated part | 23 | | from the body of a donor that the physician or technician is | 24 | | qualified to remove.
| 25 | | (Source: P.A. 98-172, eff. 1-1-14.)
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