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| 1 | AN ACT concerning transportation. | |||||||||||||||||||
| 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 | |||||||||||||||||||
| 5 | changing 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 | |||||||||||||||||||
| 9 | for a license or permit accepted under this Chapter, and shall | |||||||||||||||||||
| 10 | maintain suitable indexes thereof. The records of the | |||||||||||||||||||
| 11 | Secretary of State shall indicate the action taken with | |||||||||||||||||||
| 12 | respect to such 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 | |||||||||||||||||||
| 18 | shall 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 crash 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) Each applicant for issuance or renewal of a | ||||||
| 20 | driver's license or identification card who is 16 years of | ||||||
| 21 | age or older shall have his or her name included in the | ||||||
| 22 | First Person Consent organ and tissue donor registry. The | ||||||
| 23 | Secretary shall offer, to each applicant for issuance or | ||||||
| 24 | renewal of a driver's license or identification card who | ||||||
| 25 | is 16 years of age or older, the opportunity to have his or | ||||||
| 26 | her name removed from included in the First Person Consent | ||||||
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| 1 | organ and tissue donor registry. The Secretary must advise | ||||||
| 2 | the applicant or licensee that he or she is under no | ||||||
| 3 | compulsion to have his or her name included in the | ||||||
| 4 | registry. An individual who agrees to having his or her | ||||||
| 5 | name remain on included in the First Person Consent organ | ||||||
| 6 | and tissue donor registry has given full legal consent to | ||||||
| 7 | the donation of any of his or her organs or tissue upon his | ||||||
| 8 | or her death. A brochure explaining this method of | ||||||
| 9 | executing an anatomical gift must be given to each | ||||||
| 10 | applicant for issuance or renewal of a driver's license or | ||||||
| 11 | identification card. The brochure must advise the | ||||||
| 12 | applicant or licensee (i) that he or she is under no | ||||||
| 13 | compulsion to have his or her name included in this | ||||||
| 14 | registry and (ii) that he or she may wish to consult with | ||||||
| 15 | family, friends, or clergy before doing so. | ||||||
| 16 | (2) The Secretary of State may establish additional | ||||||
| 17 | methods by which an individual may have his or her name | ||||||
| 18 | included in or removed from the First Person Consent organ | ||||||
| 19 | and tissue donor registry. | ||||||
| 20 | (3) When an individual has agreed to have his or her | ||||||
| 21 | name included in the First Person Consent organ and tissue | ||||||
| 22 | donor registry, the Secretary of State shall note that | ||||||
| 23 | agreement in the First Person consent organ and tissue | ||||||
| 24 | donor registry. Representatives of federally designated | ||||||
| 25 | organ procurement agencies and tissue banks and the | ||||||
| 26 | offices of Illinois county coroners and medical examiners | ||||||
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| 1 | may inquire of the Secretary of State whether a potential | ||||||
| 2 | organ donor's name is included in the First Person Consent | ||||||
| 3 | organ and tissue donor registry, and the Secretary of | ||||||
| 4 | State may provide that information to the representative. | ||||||
| 5 | (4) An individual may withdraw his or her consent to | ||||||
| 6 | be listed in the First Person Consent organ and tissue | ||||||
| 7 | donor registry maintained by the Secretary of State by | ||||||
| 8 | notifying the Secretary of State in writing, or by any | ||||||
| 9 | other means approved by the Secretary, of the individual's | ||||||
| 10 | decision to have his or her name removed from the | ||||||
| 11 | registry. | ||||||
| 12 | (5) The Secretary of State may undertake additional | ||||||
| 13 | efforts, including education and awareness activities, to | ||||||
| 14 | promote organ and tissue donation. | ||||||
| 15 | (6) In the absence of gross negligence or willful | ||||||
| 16 | misconduct, the Secretary of State and his or her | ||||||
| 17 | employees are immune from any civil or criminal liability | ||||||
| 18 | in connection with an individual's consent to be listed in | ||||||
| 19 | the organ and tissue donor registry. | ||||||
| 20 | (h) The Secretary of State may destroy a driving record | ||||||
| 21 | created 20 or more years ago for a person who was convicted of | ||||||
| 22 | an offense and who did not have an Illinois driver's license if | ||||||
| 23 | the record no longer contains any convictions or withdrawal of | ||||||
| 24 | driving privileges due to the convictions. | ||||||
| 25 | (Source: P.A. 104-260, eff. 8-15-25.) | ||||||
| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law. | ||||||