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Public Act 100-0041 | ||||
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AN ACT concerning civil law.
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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 Vehicle Code is amended by changing | ||||
Section 6-117 as follows:
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(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
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Sec. 6-117. Records to be kept by the Secretary of State.
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(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.
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(b) The Secretary of State shall maintain appropriate | ||||
records of all
licenses and permits refused, cancelled, | ||||
disqualified, revoked, or suspended and of the
revocation,
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suspension, and disqualification of driving privileges of | ||||
persons not licensed
under this Chapter, and such records shall | ||||
note the reasons for such
action.
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(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.
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(d) The Secretary of State may also maintain appropriate | ||||
records of any
accident reports received.
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(e) The Secretary of State shall also maintain appropriate | ||
records
of any disposition of supervision or records
relative
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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.
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(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.
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(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.
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(Source: P.A. 94-75, eff. 1-1-06; 95-382, eff. 8-23-07; | ||
95-1034, eff. 2-17-09.)
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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)
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Sec. 5-5. Persons who
may execute an anatomical gift.
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(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.
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(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:
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(1) an individual acting as the decedent's agent under | ||
a
power of attorney for health
care;
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(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
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(11) any other person authorized or under legal
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obligation to dispose of
the body.
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(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.
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(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).
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(e) If no gift has been executed under this Act, then no
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part of the
decedent's body may be used for any purpose | ||
specified in this
Act.
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(Source: P.A. 98-172, eff. 1-1-14.)
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(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.
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(Source: P.A. 98-172, eff. 1-1-14.) | ||
(755 ILCS 50/5-20) (was 755 ILCS 50/5)
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Sec. 5-20. Manner of Executing Anatomical Gifts.
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(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.
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(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).
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(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.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 98-172, eff. 1-1-14.)
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(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.
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(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.
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(Source: P.A. 98-172, eff. 1-1-14.)
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