Illinois General Assembly - Full Text of HB4171
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Full Text of HB4171  102nd General Assembly

HB4171 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4171

 

Introduced 10/19/2021, 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 Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois 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 Illinois 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 Illinois State Police for inclusion in the database by submitting a completed verification form established by the Department of Human Services. Provides that the Illinois State Police shall include in the database information provided on a completed verification form that the Illinois 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.


LRB102 20317 RLC 29172 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4171LRB102 20317 RLC 29172 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by adding Section 1-75 as follows:
 
6    (20 ILCS 1305/1-75 new)
7    Sec. 1-75. Verification form for a person diagnosed with a
8communication disability or a disability that can impair
9communication. The Department shall develop a verification
10form for a person diagnosed with a communication disability or
11a disability that can impair communication as provided in
12Section 2605-370 of the Illinois State Police Law of the Civil
13Administrative Code of Illinois.
 
14    Section 10. The Illinois State Police Law of the Civil
15Administrative Code of Illinois is amended by adding Section
162605-370 as follows:
 
17    (20 ILCS 2605/2605-370 new)
18    Sec. 2605-370. Database of persons with a communication
19disability; form for inclusion in database of persons with a
20communication disability.
21    (a) In this Section:

 

 

HB4171- 2 -LRB102 20317 RLC 29172 b

1        "Clinical psychologist" means a person licensed to
2    practice clinical psychology under the Clinical
3    Psychologist Licensing Act.
4        "Communication disability" means a human condition
5    involving an impairment in the human's ability to receive,
6    send, process, or comprehend concepts or verbal,
7    nonverbal, or graphic symbol systems that may result in a
8    primary disability or may be secondary to other
9    disabilities.
10        "Disability that can impair communication" means a
11    human condition with symptoms that can impair the human's
12    ability to receive, send, process, or comprehend concepts
13    or verbal, nonverbal, or graphic symbol systems.
14        "Guardian" has the meaning ascribed to it in Section
15    1-2.08 of the Probate Act of 1975.
16        "Physician" means a person licensed by the State of
17    Illinois to practice medicine in all its branches and
18    includes a person holding a temporary license, as provided
19    in the Medical Practice Act of 1987. "Physician" includes
20    a psychiatrist.
21        "Psychiatrist" means a physician who has successfully
22    completed a residency program in psychiatry accredited by
23    either the Accreditation Council for Graduate Medical
24    Education or the American Osteopathic Association.
25        "Ward" has the meaning ascribed to it in Section
26    1-2.17 of the Probate Act of 1975.

 

 

HB4171- 3 -LRB102 20317 RLC 29172 b

1    (b) The Department of Human Services shall develop a
2verification form for a person diagnosed with a communication
3disability or a disability that can impair communication to be
4submitted voluntarily to the Illinois State Police so that the
5person may be included in the database established under
6subsection (f). The same form shall be used to indicate that
7the person wishes to be removed from the database in
8accordance with subsection (f).
9    (c) The form shall include the following information:
10        (1) the name of the person diagnosed with a
11    communication disability or a disability that can impair
12    communication;
13        (2) the name of the person completing the form on
14    behalf of the person diagnosed with a communication
15    disability or a disability that can impair communication,
16    if applicable;
17        (3) the relationship between the person completing the
18    form and the person diagnosed with a communication
19    disability or a disability that can impair communication,
20    if applicable;
21        (4) the driver's license number, standard Illinois
22    Identification Card number, or Illinois Person with a
23    Disability Identification Card number issued to the person
24    diagnosed with a communication disability or a disability
25    that can impair communication, if that person has such a
26    number;

 

 

HB4171- 4 -LRB102 20317 RLC 29172 b

1        (5) the license plate number of each vehicle owned,
2    operated, or regularly occupied by the person diagnosed
3    with a communication disability or a disability that can
4    impair communication or registered in that person's name;
5        (6) a physician, psychiatrist, or clinical
6    psychologist's signed certification that the person has
7    been diagnosed with a communication disability or a
8    disability that can impair communication;
9        (7) the name, business address, business telephone
10    number, and medical license number of the physician,
11    psychiatrist, or clinical psychologist making the
12    certification;
13        (8) the signature of the person diagnosed with a
14    communication disability or a disability that can impair
15    communication or the signature of the person completing
16    the form on behalf of the person; and
17        (9) a place where the person diagnosed with a
18    communication disability or a disability that can impair
19    communication or the person completing the form on behalf
20    of the person may indicate the desire to be removed from
21    the database.
22    (d) Any of the following persons may complete the
23verification form:
24        (1) a person diagnosed with a communication disability
25    or a disability that can impair communication who is 18
26    years of age or older;

 

 

HB4171- 5 -LRB102 20317 RLC 29172 b

1        (2) the parent or parents of a minor child diagnosed
2    with a communication disability or a disability that can
3    impair communication; or
4        (3) the guardian of a person diagnosed with a
5    communication disability or a disability that can impair
6    communication, regardless of the age of the person.
7    (e) The Department of Human Services and the Illinois
8State Police shall make the verification form electronically
9available on each of their websites.
10    (f) The Illinois State Police shall establish and maintain
11a database of persons who register under this Section as being
12diagnosed with a communication disability or a disability that
13can impair communication. A person diagnosed with a
14communication disability or a disability that can impair
15communication who is 18 of age or older may register with the
16Illinois State Police for inclusion in the database by
17submitting a completed verification form established by the
18Department of Human Services. A parent or guardian of a minor
19child or a ward diagnosed with a communication disability or a
20disability that can impair communication may register the
21minor child or the ward with the Illinois State Police for
22inclusion in the database by submitting a completed
23verification form established by the Department of Human
24Services. The Illinois State Police shall include in the
25database information provided on a completed verification form
26that the Illinois State Police determines is necessary for a

 

 

HB4171- 6 -LRB102 20317 RLC 29172 b

1law enforcement officer to identify a person as diagnosed with
2a communication disability or a disability that can impair
3communication. The Illinois State Police shall make the
4database available to State and local law enforcement officers
5through the Law Enforcement Agencies Data System (LEADS).
6Information in the database is not a public record subject to
7inspection or copying under the Freedom of Information Act. A
8person diagnosed with a communication disability or a
9disability that can impair communication who is included in
10the database or the parent or guardian of a minor child or a
11ward diagnosed with a communication disability or a disability
12that can impair communication who is included in the database
13may request removal of the person, minor, or ward, as
14applicable, from the database. The person, parent, or guardian
15shall do so by completing the verification form with only the
16information required under paragraphs (1), (2), (3), (8), and
17(9) of subsection (c) as applicable, and submitting the form
18to the Illinois State Police. Upon receipt of a properly
19completed verification form requesting the removal of a person
20with a communication disability or a disability that can
21impair communication from the database, the Illinois State
22Police shall immediately remove that person from the database.