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| Public Act 095-1034 |
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AN ACT concerning transportation.
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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 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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||