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.)