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Public Act 096-1168
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| HB5669 Enrolled | LRB096 19999 AJT 35486 b |
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AN ACT concerning public safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended |
by changing Section 11A as follows:
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(15 ILCS 335/11A) |
Sec. 11A. Emergency contact database. |
(a) The Secretary of State shall establish a database of |
the emergency contacts of persons who hold identification |
cards. Information in the database shall be accessible only to |
employees of the Office of the Secretary and law enforcement |
officers employed by a law enforcement agency. Law enforcement |
officers may share information contained in the emergency |
contact database, including disabilities and special needs |
information, with other public safety workers on scene, as |
needed to conduct official law enforcement duties. |
(b) Any person holding an identification card shall be |
afforded the opportunity to provide the Secretary of State, in |
a manner and form designated by the Secretary of State, the |
name, address, telephone number, and relationship to the holder |
of no more than 2 emergency contact persons whom the holder |
wishes to be contacted by a law enforcement officer if the |
holder is involved in a motor vehicle accident or other |
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emergency situation and the holder is unable to communicate |
with the contact person or persons and may designate whether |
the holder has a disability or is a special needs individual. A |
contact person need not be the holder's next of kin. |
(c) The Secretary shall adopt rules to implement this |
Section. At a minimum, the rules shall address all of the |
following: |
(1) the method whereby a holder may provide the |
Secretary of State with emergency contact, disability, and |
special needs information; |
(2) the method whereby a holder may provide the |
Secretary of State with a change to the emergency contact, |
disability, and special needs information; and |
(3) any other aspect of the database or its operation |
that the Secretary determines is necessary to implement |
this Section. |
(d) If a person involved in a motor vehicle accident or |
other emergency situation is unable to communicate with the |
contact person or persons specified in the database, a law |
enforcement officer shall make a good faith effort to notify |
the contact person or persons of the situation. Neither the law |
enforcement officer nor the law enforcement agency that employs |
that law enforcement officer incurs any liability, however, if |
the law enforcement officer is not able to make contact with |
the contact person. Except for willful or wanton misconduct, |
neither the law enforcement officer, nor the law enforcement |
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agency that employs the law enforcement officer, shall incur |
any liability relating to the reporting or use of the database |
during a motor vehicle accident or other emergency situation. |
(e) The Secretary of State shall make a good faith effort |
to maintain accurate data as provided by the identification |
card holder and to provide that information to law enforcement |
as provided in subsection (a). The Secretary of State is not |
liable for any damages, costs, or expenses, including, without |
limitation, consequential damages, arising or resulting from |
any inaccurate or incomplete data or system unavailability. |
Except for willful or wanton misconduct, the Secretary of State |
shall not incur any liability relating to the reporting of |
disabilities or special needs individuals. |
(f) As used in this Section: |
"Disability" means an individual's physical or mental |
impairment that substantially limits one or more of the major |
life activities; a record of such impairment; or when the |
individual is regarded as having such impairment. |
"Public safety worker" means a person employed by this |
State or a political subdivision thereof that provides |
firefighting, law enforcement, medical, or other emergency |
services. |
"Special needs individuals" means those individuals who |
have or are at increased risk for a chronic physical, |
developmental, behavioral, or emotional condition and who also |
require health and related services of a type or amount beyond |
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that required by individuals generally. |
(Source: P.A. 95-898, eff. 7-1-09.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Section 6-117.2 as follows:
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(625 ILCS 5/6-117.2) |
Sec. 6-117.2. Emergency contact database. |
(a) The Secretary of State shall establish a database of |
the emergency contacts of persons who hold a driver's license, |
instruction permit, or any other type of driving permit issued |
by the Secretary of State. Information in the database shall be |
accessible only to employees of the Office of the Secretary and |
law enforcement officers employed by a law enforcement agency. |
Law enforcement officers may share information contained in the |
emergency contact database, including disabilities and special |
needs information, with other public safety workers on scene, |
as needed to conduct official law enforcement duties. |
(b) Any person holding a driver's license, instruction |
permit, or any other type of driving permit issued by the |
Secretary of State shall be afforded the opportunity to provide |
the Secretary of State, in a manner and form designated by the |
Secretary of State, the name, address, telephone number, and |
relationship to the holder of no more than 2 emergency contact |
persons whom the holder wishes to be contacted by a law |
enforcement officer if the holder is involved in a motor |
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vehicle accident or other emergency situation and the holder is |
unable to communicate with the contact person or persons and |
may designate whether the holder has a disability or is a |
special needs individual. A contact person need not be the |
holder's next of kin. |
(c) The Secretary shall adopt rules to implement this |
Section. At a minimum, the rules shall address all of the |
following: |
(1) the method whereby a holder may provide the |
Secretary of State with emergency contact, disability, and |
special needs information; |
(2) the method whereby a holder may provide the |
Secretary of State with a change to the emergency contact, |
disability, and special needs information; and |
(3) any other aspect of the database or its operation |
that the Secretary determines is necessary to implement |
this Section. |
(d) If a person involved in a motor vehicle accident or |
other emergency situation is unable to communicate with the |
contact person or persons specified in the database, a law |
enforcement officer shall make a good faith effort to notify |
the contact person or persons of the situation. Neither the law |
enforcement officer nor the law enforcement agency that employs |
that law enforcement officer incurs any liability, however, if |
the law enforcement officer is not able to make contact with |
the contact person. Except for willful or wanton misconduct, |
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neither the law enforcement officer, nor the law enforcement |
agency that employs the law enforcement officer, shall incur |
any liability relating to the reporting or use of the database |
during a motor vehicle accident or other emergency situation. |
(e) The Secretary of State shall make a good faith effort |
to maintain accurate data as provided by the driver's license |
or instruction permit holder and to provide that information to |
law enforcement as provided in subsection (a). The Secretary of |
State is not liable for any damages, costs, or expenses, |
including, without limitation, consequential damages, arising |
or resulting from any inaccurate or incomplete data or system |
unavailability. Except for willful or wanton misconduct, the |
Secretary of State shall not incur any liability relating to |
the reporting of disabilities or special needs individuals. |
(f) As used in this Section: |
"Disability" means an individual's physical or mental |
impairment that substantially limits one or more of the major |
life activities; a record of such impairment; or when the |
individual is regarded as having such impairment. |
"Public safety worker" means a person employed by this |
State or a political subdivision thereof that provides |
firefighting, law enforcement, medical or other emergency |
services. |
"Special needs individuals" means those individuals who |
have or are at increased risk for a chronic physical, |
developmental, behavioral, or emotional condition and who also |