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| Public Act 096-1168 | ||||
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AN ACT concerning public safety.
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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 Identification Card Act is amended | ||||
by changing Section 11A as follows: | ||||
(15 ILCS 335/11A) | ||||
Sec. 11A. Emergency contact database. | ||||
(a) The Secretary of State shall establish a database of | ||||
the emergency contacts of persons who hold identification | ||||
cards. Information in the database shall be accessible only to | ||||
employees of the Office of the Secretary and law enforcement | ||||
officers employed by a law enforcement agency. Law enforcement | ||||
officers may share information contained in the emergency | ||||
contact database, including disabilities and special needs | ||||
information, with other public safety workers on scene, as | ||||
needed to conduct official law enforcement duties. | ||||
(b) Any person holding an identification card shall be | ||||
afforded the opportunity to provide the Secretary of State, in | ||||
a manner and form designated by the Secretary of State, the | ||||
name, address, telephone number, and relationship to the holder | ||||
of no more than 2 emergency contact persons whom the holder | ||||
wishes to be contacted by a law enforcement officer if the | ||||
holder is involved in a motor vehicle accident or other | ||||
emergency situation and the holder is unable to communicate | ||
with the contact person or persons and may designate whether | ||
the holder has a disability or is a special needs individual. A | ||
contact person need not be the holder's next of kin. | ||
(c) The Secretary shall adopt rules to implement this | ||
Section. At a minimum, the rules shall address all of the | ||
following: | ||
(1) the method whereby a holder may provide the | ||
Secretary of State with emergency contact, disability, and | ||
special needs information; | ||
(2) the method whereby a holder may provide the | ||
Secretary of State with a change to the emergency contact, | ||
disability, and special needs information; and | ||
(3) any other aspect of the database or its operation | ||
that the Secretary determines is necessary to implement | ||
this Section. | ||
(d) If a person involved in a motor vehicle accident or | ||
other emergency situation is unable to communicate with the | ||
contact person or persons specified in the database, a law | ||
enforcement officer shall make a good faith effort to notify | ||
the contact person or persons of the situation. Neither the law | ||
enforcement officer nor the law enforcement agency that employs | ||
that law enforcement officer incurs any liability, however, if | ||
the law enforcement officer is not able to make contact with | ||
the contact person. Except for willful or wanton misconduct, | ||
neither the law enforcement officer, nor the law enforcement | ||
agency that employs the law enforcement officer, shall incur | ||
any liability relating to the reporting or use of the database | ||
during a motor vehicle accident or other emergency situation. | ||
(e) The Secretary of State shall make a good faith effort | ||
to maintain accurate data as provided by the identification | ||
card holder and to provide that information to law enforcement | ||
as provided in subsection (a). The Secretary of State is not | ||
liable for any damages, costs, or expenses, including, without | ||
limitation, consequential damages, arising or resulting from | ||
any inaccurate or incomplete data or system unavailability. | ||
Except for willful or wanton misconduct, the Secretary of State | ||
shall not incur any liability relating to the reporting of | ||
disabilities or special needs individuals. | ||
(f) As used in this Section: | ||
"Disability" means an individual's physical or mental | ||
impairment that substantially limits one or more of the major | ||
life activities; a record of such impairment; or when the | ||
individual is regarded as having such impairment. | ||
"Public safety worker" means a person employed by this | ||
State or a political subdivision thereof that provides | ||
firefighting, law enforcement, medical, or other emergency | ||
services. | ||
"Special needs individuals" means those individuals who | ||
have or are at increased risk for a chronic physical, | ||
developmental, behavioral, or emotional condition and who also | ||
require health and related services of a type or amount beyond | ||
that required by individuals generally. | ||
(Source: P.A. 95-898, eff. 7-1-09.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-117.2 as follows: | ||
(625 ILCS 5/6-117.2) | ||
Sec. 6-117.2. Emergency contact database. | ||
(a) The Secretary of State shall establish a database of | ||
the emergency contacts of persons who hold a driver's license, | ||
instruction permit, or any other type of driving permit issued | ||
by the Secretary of State. Information in the database shall be | ||
accessible only to employees of the Office of the Secretary and | ||
law enforcement officers employed by a law enforcement agency. | ||
Law enforcement officers may share information contained in the | ||
emergency contact database, including disabilities and special | ||
needs information, with other public safety workers on scene, | ||
as needed to conduct official law enforcement duties. | ||
(b) Any person holding a driver's license, instruction | ||
permit, or any other type of driving permit issued by the | ||
Secretary of State shall be afforded the opportunity to provide | ||
the Secretary of State, in a manner and form designated by the | ||
Secretary of State, the name, address, telephone number, and | ||
relationship to the holder of no more than 2 emergency contact | ||
persons whom the holder wishes to be contacted by a law | ||
enforcement officer if the holder is involved in a motor | ||
vehicle accident or other emergency situation and the holder is | ||
unable to communicate with the contact person or persons and | ||
may designate whether the holder has a disability or is a | ||
special needs individual. A contact person need not be the | ||
holder's next of kin. | ||
(c) The Secretary shall adopt rules to implement this | ||
Section. At a minimum, the rules shall address all of the | ||
following: | ||
(1) the method whereby a holder may provide the | ||
Secretary of State with emergency contact, disability, and | ||
special needs information; | ||
(2) the method whereby a holder may provide the | ||
Secretary of State with a change to the emergency contact, | ||
disability, and special needs information; and | ||
(3) any other aspect of the database or its operation | ||
that the Secretary determines is necessary to implement | ||
this Section. | ||
(d) If a person involved in a motor vehicle accident or | ||
other emergency situation is unable to communicate with the | ||
contact person or persons specified in the database, a law | ||
enforcement officer shall make a good faith effort to notify | ||
the contact person or persons of the situation. Neither the law | ||
enforcement officer nor the law enforcement agency that employs | ||
that law enforcement officer incurs any liability, however, if | ||
the law enforcement officer is not able to make contact with | ||
the contact person. Except for willful or wanton misconduct, | ||
neither the law enforcement officer, nor the law enforcement | ||
agency that employs the law enforcement officer, shall incur | ||
any liability relating to the reporting or use of the database | ||
during a motor vehicle accident or other emergency situation. | ||
(e) The Secretary of State shall make a good faith effort | ||
to maintain accurate data as provided by the driver's license | ||
or instruction permit holder and to provide that information to | ||
law enforcement as provided in subsection (a). The Secretary of | ||
State is not liable for any damages, costs, or expenses, | ||
including, without limitation, consequential damages, arising | ||
or resulting from any inaccurate or incomplete data or system | ||
unavailability. Except for willful or wanton misconduct, the | ||
Secretary of State shall not incur any liability relating to | ||
the reporting of disabilities or special needs individuals. | ||
(f) As used in this Section: | ||
"Disability" means an individual's physical or mental | ||
impairment that substantially limits one or more of the major | ||
life activities; a record of such impairment; or when the | ||
individual is regarded as having such impairment. | ||
"Public safety worker" means a person employed by this | ||
State or a political subdivision thereof that provides | ||
firefighting, law enforcement, medical or other emergency | ||
services. | ||
"Special needs individuals" means those individuals who | ||
have or are at increased risk for a chronic physical, | ||
developmental, behavioral, or emotional condition and who also | ||
require health and related services of a type or amount beyond | ||
that required by individuals generally. | ||
(Source: P.A. 95-898, eff. 7-1-09.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2011.
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