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| Public Act 094-0075 |
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AN ACT concerning organ and tissue donation.
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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 | ||||
Sections 6-110 and 6-117 as follows: | ||||
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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Sec. 6-110. Licenses issued to drivers.
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(a) The Secretary of State shall issue to every qualifying | ||||
applicant a
driver's license as applied for, which license | ||||
shall bear a
distinguishing
number assigned to the licensee, | ||||
the legal name, social security number,
zip
code, date of | ||||
birth, residence address, and a brief description of the
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licensee, and
a space where the licensee may write his usual | ||||
signature.
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If the licensee is less than 17 years of age, the license | ||||
shall, as a
matter of law, be invalid for the operation of any | ||||
motor vehicle during
any time the licensee is prohibited from | ||||
being on any street or highway
under the provisions of the | ||||
Child Curfew Act.
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Licenses issued shall also indicate the classification and
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the restrictions under Section 6-104 of this Code.
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In lieu of the social security number, the Secretary may in | ||||
his
discretion substitute a federal tax number or other | ||||
distinctive number.
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A driver's license issued may, in the discretion of the | ||||
Secretary,
include a suitable photograph of a type prescribed | ||||
by the Secretary.
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(b) Until the Secretary of State establishes a First Person | ||||
Consent organ and tissue donor registry under Section 6-117 of | ||||
this Code, the
The Secretary of State shall provide a format on | ||||
the reverse of
each driver's license issued which the licensee | ||||
may use to execute a document
of gift conforming to the | ||||
provisions of the Illinois Anatomical Gift Act.
The format | ||
shall allow the licensee to indicate the gift intended, whether
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specific organs, any organ, or the entire body, and shall | ||
accommodate the
signatures of the donor and 2 witnesses. The | ||
Secretary shall also inform
each applicant or licensee of this | ||
format, describe the procedure for its
execution, and may offer | ||
the necessary witnesses; provided that in so doing,
the | ||
Secretary shall advise the applicant or licensee that he or she | ||
is
under no compulsion to execute a document of gift. A | ||
brochure
explaining this method of executing an anatomical gift | ||
document shall be given
to each applicant or licensee. The | ||
brochure shall advise the applicant or
licensee that he or she | ||
is under no compulsion to execute a document of
gift, and that | ||
he or she may wish to consult with family, friends or clergy
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before doing so. The Secretary of State may undertake | ||
additional efforts,
including education and awareness | ||
activities, to promote organ and tissue
donation.
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(c) The Secretary of State shall designate on each driver's | ||
license issued
a space where the licensee may place a sticker | ||
or decal of the uniform
size as the Secretary may specify, | ||
which sticker or decal may indicate in
appropriate language | ||
that the owner of the license carries an Emergency
Medical | ||
Information Card.
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The sticker may be provided by any person, hospital, | ||
school,
medical group, or association interested in assisting | ||
in implementing
the Emergency Medical Information Card, but | ||
shall meet the specifications
as the Secretary may by rule or | ||
regulation require.
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(d) The Secretary of State shall designate on each driver's | ||
license issued
a space where the licensee may indicate his | ||
blood type and RH factor.
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(e) The Secretary of State shall provide
that each original | ||
or renewal driver's license issued to a licensee under
21 years | ||
of age shall be of a distinct nature from those driver's | ||
licenses
issued to individuals 21 years of age and older. The | ||
color designated for
driver's licenses for licensees under 21 | ||
years of age shall be at the
discretion of the Secretary of | ||
State.
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(e-1) The Secretary shall provide that each driver's | ||
license issued to a
person under the age of 21 displays the | ||
date upon which the person becomes 18
years of age and the date | ||
upon which the person becomes 21 years of age.
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(f) The Secretary of State shall inform all Illinois | ||
licensed
commercial motor vehicle operators of the | ||
requirements of the Uniform
Commercial Driver License Act, | ||
Article V of this Chapter, and shall make
provisions to insure | ||
that all drivers, seeking to obtain a commercial
driver's | ||
license, be afforded an opportunity prior to April 1, 1992, to
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obtain the license. The Secretary is authorized to extend
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driver's license expiration dates, and assign specific times, | ||
dates and
locations where these commercial driver's tests shall | ||
be conducted. Any
applicant, regardless of the current | ||
expiration date of the applicant's
driver's license, may be | ||
subject to any assignment by the Secretary.
Failure to comply | ||
with the Secretary's assignment may result in the
applicant's | ||
forfeiture of an opportunity to receive a commercial driver's
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license prior to April 1, 1992.
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(g) The Secretary of State shall designate on a
driver's | ||
license issued, a space where the licensee may indicate that he | ||
or
she has drafted a living will in accordance with the | ||
Illinois Living Will
Act or a durable power of attorney for | ||
health care in accordance with the
Illinois Power of Attorney | ||
Act.
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(g-1) The Secretary of State, in his or her discretion, may | ||
designate on
each driver's license issued a space where the | ||
licensee may place a sticker or
decal, issued by the Secretary | ||
of State, of uniform size as the Secretary may
specify, that | ||
shall indicate in appropriate language that the owner of the
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license has renewed his or her driver's license.
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(h) A person who acts in good faith in accordance with the | ||
terms of
this Section is not liable for damages in any civil | ||
action or subject to
prosecution in any criminal proceeding for | ||
his or her act.
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(Source: P.A. 92-689, eff. 1-1-03; 93-794, eff. 7-22-04; | ||
93-895, eff. 1-1-05; revised 10-22-04.)
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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, revoked | ||
or suspended and of the
revocation and suspension 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, | ||
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 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 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. 92-458, eff. 8-22-01.)
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Section 10. The Illinois Anatomical Gift Act is amended by | ||
changing Sections 5-20, 5-40, and 5-45 as follows: | ||
(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 gift of all or part of the body under Section 5-5 (a) | ||
may be
made
by will. The gift becomes effective upon the death | ||
of the testator without
waiting for probate. If the will is not | ||
probated, or if it is declared
invalid for testamentary | ||
purposes, the gift, to the extent that it has been
acted upon | ||
in good faith, is nevertheless valid and effective.
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(b) A gift of all or part of the body under Section 5-5 (a) | ||
may
also be
made by a written, signed document other than a | ||
will. The gift becomes
effective upon the death of the donor. | ||
The document, which may be a card
or a valid driver's license | ||
designed to be carried on the person, is effective without | ||
regard to the presence or signature of witnesses
must
be signed | ||
by the donor in the
presence of 2 witnesses who must sign the | ||
document in his presence and who
thereby certify that he was of | ||
sound mind and memory and free from any
undue influence and | ||
knows the objects of his bounty and affection.
Such a gift may | ||
also be made by properly executing the form provided by
the | ||
Secretary of State on the reverse side of the donor's driver's | ||
license
pursuant to subsection (b) of Section 6-110 of The | ||
Illinois Vehicle Code.
Delivery of the document of gift during | ||
the donor's lifetime is not
necessary to make the gift valid.
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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. 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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(c) The gift may be made to a specified donee or without | ||
specifying a
donee. If the latter, the gift may be accepted by | ||
the attending physician
as donee upon or following death. 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, and if made for any other purpose the attending
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physician upon or following death, in the absence of any | ||
expressed
indication that the donor desired otherwise, may | ||
accept the gift as donee.
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(d) Notwithstanding Section 5-45 (b), the donor may | ||
designate in
his will,
card, or other document of gift the | ||
surgeon or physician to carry out the
appropriate procedures. | ||
In the absence of a designation or if the designee
is not | ||
available, the donee or other person authorized to accept the | ||
gift
may employ or authorize any surgeon or physician for the | ||
purpose.
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(e) Any gift by a person designated in Section 5-5 (b) | ||
shall be
made by a
document signed by him or made by his | ||
telegraphic, recorded telephonic, or
other recorded message.
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(Source: P.A. 93-794, eff. 7-22-04.)
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(755 ILCS 50/5-40) (was 755 ILCS 50/7)
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Sec. 5-40. Amendment or Revocation of the Gift.
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(a) If the will, card, or other document or executed copy | ||
thereof,
has been delivered to a specified donee, the donor may | ||
amend or revoke the
gift by:
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(1) the execution and delivery to the donee of a signed | ||
statement
witnessed and certified as provided in Section | ||
5-20(b); or
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(2) a signed card or document found on his person, or | ||
in his effects,
executed at a date subsequent to the date | ||
the original gift was made and
witnessed and certified as | ||
provided in Section 5-20(b).
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(b) Any document of gift which has not been delivered to | ||
the donee may
be revoked by the donor in the manner set out in | ||
subsection (a).
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(c) Any gift made by a will may also be amended or revoked | ||
in the manner
provided for amendment or revocation of wills or | ||
as provided in subsection
(a).
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(d) 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.
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(Source: P.A. 93-794, eff. 7-22-04.)
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(755 ILCS 50/5-45) (was 755 ILCS 50/8)
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Sec. 5-45. Rights and Duties at Death.
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(a) The donee may accept or
reject
the gift. If the donee | ||
accepts a gift of the entire body, he may, subject
to the terms | ||
of the gift, authorize embalming and the use of the body in
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funeral services, unless a person named in subsection (b) of | ||
Section 5-5
has requested, prior to the final disposition by | ||
the donee, that the remains
of said body be returned to his or | ||
her custody for the purpose of final
disposition. Such request | ||
shall be honored by the donee if the terms of
the gift are | ||
silent on how final disposition is to take place. If the
gift | ||
is of a part of the body, the donee or technician designated by | ||
him
upon the death of the donor and prior to embalming, shall | ||
cause the part to
be removed without unnecessary mutilation and | ||
without undue delay in the
release of the body for the purposes | ||
of final disposition. After removal of
the part, custody of the | ||
remainder of the body vests in the surviving
spouse, next of | ||
kin, or other persons under obligation to dispose of the
body, | ||
in the order or priority listed in subsection (b) of Section | ||
5-5 of this Act.
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(b) The time of death shall be determined by a physician | ||
who attends the
donor at his death, or, if none, the physician | ||
who certifies the death. The
physician shall not participate in | ||
the procedures for removing or
transplanting a part.
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(c) A person who acts in good faith in accord with the | ||
terms of this Act, the Illinois Vehicle Code,
and the AIDS | ||
Confidentiality Act, or the anatomical gift laws of another
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state or a foreign country, is not liable for damages in any | ||
civil action
or subject to prosecution in any criminal | ||
proceeding for his act.
Any person that participates in good | ||
faith and according to the usual and
customary standards of | ||
medical practice in the removal or transplantation
of any part | ||
of a decedent's body pursuant to an anatomical gift made by the
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decedent under Section 5-20 of this Act or pursuant to an | ||
anatomical
gift made
by an individual as authorized by | ||
subsection (b) of Section 5-5 of
this Act
shall have immunity | ||
from liability, civil, criminal, or otherwise, that
might | ||
result by reason of such actions. For the purpose of any
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proceedings, civil or criminal, the validity of an anatomical | ||
gift executed
pursuant to Section 5-20 of this Act shall be | ||
presumed and the good
faith of
any person participating in the | ||
removal or transplantation of any part of a
decedent's body | ||
pursuant to an anatomical gift made by the decedent or by
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another individual authorized by the Act shall be presumed.
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(d) This Act is subject to the provisions of "An Act to | ||
revise the law
in relation to coroners", approved February 6, | ||
1874, as now or hereafter
amended, to the laws of this State | ||
prescribing powers and duties with
respect to autopsies, and to | ||
the statutes, rules, and regulations of this
State with respect | ||
to the transportation and disposition of deceased human
bodies.
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(e) If the donee is provided information, or determines | ||
through
independent examination, that there is evidence that | ||
the gift was exposed
to the human immunodeficiency virus (HIV) | ||
or any other identified causative
agent of acquired | ||
immunodeficiency syndrome (AIDS), the donee may reject
the gift | ||
and shall treat the information and examination results as a
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confidential medical record; the donee may disclose only the | ||
results
confirming HIV exposure, and only to the physician of | ||
the deceased donor.
The donor's physician shall determine | ||
whether the person who executed the
gift should be notified of | ||
the confirmed positive test result.
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(Source: P.A. 93-794, eff. 7-22-04.)
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