HB3822 101ST GENERAL ASSEMBLY

LRB101 11706 RLC 58216 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3822

Introduced , by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

20 ILCS 1305/1-75 new
20 ILCS 2605/2605-370 new

Amends the Department of Human Services Act and the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall establish and maintain a database of persons who register as being diagnosed with a communication disability or a disability that can impair communication. Provides that a person diagnosed with a communication disability or a disability that can impair communication who is 18 of age or older may register with the Department of State Police for inclusion in the database by submitting a completed verification form established by the Department of Human Services. Provides that a parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication may register the minor child or the ward with the Department of State Police for inclusion in the database by submitting a completed verification form established by the Department of Human Services. Provides that the Department of State Police shall include in the database information provided on a completed verification form that the Department of State Police determines is necessary for a law enforcement officer to identify a person as diagnosed with a communication disability or a disability that can impair communication. Defines terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Human Services Act is amended by adding Section 1-75 as follows:

(20 ILCS 1305/1-75 new)

Sec. 1-75. Verification form for a person diagnosed with a communication disability or a disability that can impair communication. The Department shall develop a verification form for a person diagnosed with a communication disability or a disability that can impair communication as provided in Section 2605-370 of the Department of State Police Law of the Civil Administrative Code of Illinois.

Section 10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-370 as follows:

(20 ILCS 2605/2605-370 new)

Sec. 2605-370. Database of persons with a communication disability; form for inclusion in database of persons with a communication disability.

(a) In this Section:

"Clinical psychologist" means a person licensed to practice clinical psychology under the Clinical Psychologist Licensing Act.

"Communication disability" means a human condition involving an impairment in the human's ability to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems that may result in a primary disability or may be secondary to other disabilities.

"Disability that can impair communication" means a human condition with symptoms that can impair the human's ability to receive, send, process, or comprehend concepts or verbal, nonverbal, or graphic symbol systems.

"Guardian" has the meaning ascribed to it in Section 1-2.08 of the Probate Act of 1975.

"Physician" means a person licensed by the State of Illinois to practice medicine in all its branches and includes a person holding a temporary license, as provided in the Medical Practice Act of 1987. "Physician" includes a psychiatrist as defined in this subsection (a).

"Psychiatrist" means a physician as defined in this subsection (a) who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

"Ward" has the meaning ascribed to it in Section 1-2.17 of the Probate Act of 1975.

(b) The Department of Human Services shall develop a verification form for a person diagnosed with a communication disability or a disability that can impair communication to be submitted voluntarily to the Department of State Police so that the person may be included in the database established under subsection (f). The same form shall be used to indicate that the person wishes to be removed from the database in accordance with subsection (f).

(c) The form shall include the following information:

(1) the name of the person diagnosed with a communication disability or a disability that can impair communication;

(2) the name of the person completing the form on behalf of the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(3) the relationship between the person completing the form and the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(4) the driver's license number, standard Illinois Identification Card number, or Illinois Person with a Disability Identification Card number issued to the person diagnosed with a communication disability or a disability that can impair communication, if that person has such a number;

(5) the license plate number of each vehicle owned, operated, or regularly occupied by the person diagnosed with a communication disability or a disability that can impair communication or registered in that person's name;

(6) a physician, psychiatrist, or clinical psychologist's signed certification that the person has been diagnosed with a communication disability or a disability that can impair communication;

(7) the name, business address, business telephone number, and medical license number of the physician, psychiatrist, or clinical psychologist making the certification;

(8) the signature of the person diagnosed with a communication disability or a disability that can impair communication or the signature of the person completing the form on behalf of the person; and

(9) a place where the person diagnosed with a communication disability or a disability that can impair communication or the person completing the form on behalf of the person may indicate the desire to be removed from the database.

(d) Any of the following persons may complete the verification form:

(1) a person diagnosed with a communication disability or a disability that can impair communication who is 18 years of age or older;

(2) the parent or parents of a minor child diagnosed with a communication disability or a disability that can impair communication; or

(3) the guardian of a person diagnosed with a communication disability or a disability that can impair communication, regardless of the age of the person.

(e) The Department of Human Services and the Department of State Police shall make the verification form electronically available on each of their websites.

(f) The Department of State Police shall establish and maintain a database of persons who register under this Section as being diagnosed with a communication disability or a disability that can impair communication. A person diagnosed with a communication disability or a disability that can impair communication who is 18 of age or older may register with the Department of State Police for inclusion in the database by submitting a completed verification form established by the Department of Human Services. A parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication may register the minor child or the ward with the Department of State Police for inclusion in the database by submitting a completed verification form established by the Department of Human Services. The Department of State Police shall include in the database information provided on a completed verification form that the Department determines is necessary for a law enforcement officer to identify a person as diagnosed with a communication disability or a disability that can impair communication. The Department of State Police shall make the database available to State and local law enforcement officers through the Law Enforcement Agencies Data System (LEADS). Information in the database is not a public record subject to inspection or copying under the Freedom of Information Act. A person diagnosed with a communication disability or a disability that can impair communication who is included in the database or the parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication who is included in the database may request removal of the person, minor, or ward, as applicable, from the database. The person, parent, or guardian shall do so by completing the verification form with only the information required under paragraphs (1), (2), (3), (8), and (9) of subsection (c) as applicable, and submitting the form to the Department of State Police. Upon receipt of a properly completed verification form requesting the removal of a person with a communication disability or a disability that can impair communication from the database, the Department of State Police shall immediately remove that person from the database.