Full Text of HB3552 99th General Assembly
HB3552 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3552 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
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Amends the Disposition of Remains Act. Provides that the directions a person may provide under the Act may include instructions regarding gender identity, including, but not limited to, instructions with respect to appearance, chosen name, and gender pronouns, regardless of whether the person has
obtained a court-ordered name change, changed the gender marker on any
identification document, or undergone any transition-related medical treatment.
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| | A BILL FOR |
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| | | HB3552 | | LRB099 10412 HEP 30639 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Disposition of Remains Act is amended by | 5 | | changing Section 40 as follows: | 6 | | (755 ILCS 65/40)
| 7 | | Sec. 40. Directions by decedent. | 8 | | (a) A person may provide written directions for the | 9 | | disposition or designate an agent to direct the disposition, | 10 | | including cremation, of the person's remains in a will, a | 11 | | prepaid funeral or burial contract, a power of attorney that | 12 | | satisfies the provisions of Article IV-Powers of Attorney for | 13 | | Health Care of the Illinois Power of Attorney Act and contains | 14 | | a power to direct the disposition of remains, a cremation | 15 | | authorization form that complies with the Crematory Regulation | 16 | | Act, or in a written instrument that satisfies the provisions | 17 | | of Sections 10 and 15 and that is signed by the person
and | 18 | | notarized. The directions may include instructions regarding | 19 | | gender identity, including, but not limited to, instructions | 20 | | with respect to appearance, chosen name, and gender pronouns, | 21 | | regardless of whether the person has
obtained a court-ordered | 22 | | name change, changed the gender marker on any
identification | 23 | | document, or undergone any transition-related medical |
| | | HB3552 | - 2 - | LRB099 10412 HEP 30639 b |
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| 1 | | treatment. The directions may be modified or revoked only by a | 2 | | subsequent writing signed by the person. The person otherwise | 3 | | entitled to control the disposition of a decedent's remains | 4 | | under this Act shall faithfully carry out the directions of the | 5 | | decedent to the extent that the decedent's estate or the person | 6 | | controlling the disposition are financially able to do so.
| 7 | | The changes made by this amendatory Act of the 94th General | 8 | | Assembly shall also apply to any written instrument that: (i) | 9 | | satisfies the provision of Article IV-Powers of Attorney for | 10 | | Health Care of the Illinois Power of Attorney Act; (ii) | 11 | | contains a power to direct the disposition of remains; and | 12 | | (iii) was created before the effective date of this amendatory | 13 | | Act.
| 14 | | (b) If the directions are in a will, they shall be carried | 15 | | out immediately without the necessity of probate. If the will | 16 | | is not probated or is declared invalid for testamentary | 17 | | purposes, the directions are valid to the extent to which they | 18 | | have been acted on in good faith.
| 19 | | (Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
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