HB0011 101ST GENERAL ASSEMBLY

LRB101 04063 LNS 49071 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0011

Introduced 1/9/2019, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

New Act

Creates the Biological Specimen Guardianship Act. Provides that the court may enter an order appointing a guardian over a biological specimen if: (1) the petitioner is a descendant of the subject from whom a biological specimen has been obtained; and (2) the biological specimen was obtained and used in a manner that violates specified federal regulations. Provides that a guardian may: grant or refuse consent to the use of the biological specimen; ensure that the use of the biological specimen safeguards the privacy of the guardian and others; and seek compensation for the prior use of the biological specimen without consent. Provides that notwithstanding any other statute of limitation or statute of repose, an action under the Act may be filed at any time. Provides that any applicable statute of repose or statute of limitation relating to the unauthorized use of a biological specimen begins to run on the date of appointment of a guardian under the Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Biological Specimen Guardianship Act.

Section 5. Cause of action.

(a) The court may enter an order appointing a guardian over a biological specimen if:

(1) the petitioner is a descendant of the subject from whom a biological specimen has been obtained; and

(2) the biological specimen was obtained and used in a manner that violates 45 CFR 46.116.

(b) A guardian appointed under this Act may:

(1) grant or refuse consent to the use of the biological specimen;

(2) ensure that the use of the biological specimen safeguards the privacy of the guardian and others; and

(3) seek compensation for the prior use of the biological specimen without consent.

(c) Notwithstanding any other statute of limitation or statute of repose, an action under this Act may be filed at any time. Any applicable statute of repose or statute of limitation relating to the unauthorized use of a biological specimen begins to run on the date of appointment of a guardian under this Act.