HB4825 102ND GENERAL ASSEMBLY

LRB102 20908 RAM 34088 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4825

Introduced 1/27/2022, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-405	from Ch. 95 1/2, par. 3-405
625 ILCS 5/3-405.5 new

Amends the Illinois Vehicle Code. Provides that an application for vehicle registration must provide space where the applicant voluntarily may indicate that the applicant, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication with a peace officer. Provides that the application shall include a checklist of common health conditions and disabilities that impede effective communication, which the applicant may select. Provides that the checklist must also include a blank space for the applicant to specify a condition that is not listed. Provides that the Secretary of State may request verification of a condition in the form of written statements by specified health professionals. Provides that the Secretary shall provide to the Illinois State Police the vehicle registration information of a person who indicated that the person, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication. Provides that the Secretary may not provide to the Illinois State Police information that shows the person's specific health condition or disability, or that of another approved driver of the registered vehicle, without the consent of the person. Provides that the Illinois State Police shall establish a system to include the information in the statewide Law Enforcement Agencies Data System for the purpose of alerting a peace officer who makes a traffic stop that the operator of the stopped vehicle may have a health condition or disability that may impede effective communication. Provides that the Illinois State Police may not make the information available in the statewide Law Enforcement Agencies Data System to a person who has access to the system under a contract unless the contract prohibits the person from disclosing that information to a person who is not subject to the contract. Provides that information supplied to the Secretary relating to an applicant's health condition or disability, or that of another approved driver of the registered vehicle, is for the confidential use of the Secretary and the Illinois State Police, and may not be disclosed to any person.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by changing Section 3-405 and by adding Section 3-405.5 as follows:

(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)

Sec. 3-405. Application for registration.

(a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such application shall bear the signature of the owner written with pen and ink and contain:

1. The name, domicile address, as defined in Section 1-115.5 of this Code, (except as otherwise provided in this paragraph 1), mail address of the owner or business address of the owner if a firm, association, or corporation, and, if available, email address of the owner. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Illinois State Police, a fire investigator, a state's attorney, an assistant state's attorney, a state's attorney special investigator, or a judicial officer may elect to furnish the address of the headquarters of the governmental entity, police district, or business address where he or she works instead of his or her domicile address, in which case that address shall be deemed to be his or her domicile address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity, police district, or business address where the person works instead of the person's domicile address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity, police district, or business address where the person works as their domicile address, in which case that address shall be deemed to be their domicile address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10-3-1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3-6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3-6001 of the Counties Code; (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act; (E) "state's attorney", "assistant state's attorney", and "state's attorney special investigator" mean a state's attorney, assistant state's attorney, and state's attorney special investigator commissioned or appointed under Division 3-9 of the Counties Code; and (F) "judicial officer" has the meaning ascribed to it in Section 1-10 of the Judicial Privacy Act.

2. A description of the vehicle, including such information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.

3. (Blank).

3.5. A space for a voluntary disclosure of a condition that impedes effective communication under Section 3-405.5.

4. Such further information as may reasonably be required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.

5. An affirmation by the applicant that all information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.

(b) When such application refers to a new vehicle purchased from a dealer the application shall be accompanied by a Manufacturer's Statement of Origin from the dealer, and a statement showing any lien retained by the dealer.

(Source: P.A. 102-538, eff. 8-20-21.)

(625 ILCS 5/3-405.5 new)

Sec. 3-405.5. Registration by an owner with a condition that impedes effective communication.

(a) An application for registration must provide space where the applicant voluntarily may indicate that the applicant, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication with a peace officer. The application shall include a checklist of common health conditions and disabilities that impede effective communication from which the applicant may select. The checklist shall also include a blank space for the applicant to specify a condition that is not listed. The Secretary of State may request from a person who makes an indication under this subsection verification of a condition in the form of:

(1) for a physical health condition, a written statement from a licensed physician; or

(2) for a mental health condition, a written statement from a licensed physician, a licensed psychologist, or a nonphysician mental health professional.

(b) The Secretary shall provide to the Illinois State Police the vehicle registration information of a person who indicated on an application under subsection (a) that the person, or other approved driver of the registered vehicle, has a health condition or disability that may impede effective communication. The Secretary may not provide to the Illinois State Police information that shows the person's specific health condition or disability, or that of another approved driver of the registered vehicle, unless the person authorizes the disclosure of the specific health condition or disability.

(c) The Illinois State Police shall establish a system to include information received under subsection (b) in the statewide Law Enforcement Agencies Data System for the purpose of alerting a peace officer who makes a traffic stop that the operator of the stopped vehicle may have a health condition or disability that may impede effective communication.

(d) The Illinois State Police may not make information received under subsection (b) available in the statewide Law Enforcement Agencies Data System to a person who has access to the system under a contract unless the contract prohibits the person from disclosing that information to a person who is not subject to the contract.

(e) Except as otherwise provided by this Section, information supplied to the Secretary relating to an applicant's health condition or disability, or that of another approved driver of the registered vehicle, may not be disclosed to any person. Such information is for the confidential use of the Secretary and the Illinois State Police.