Bill Status of HB 5259   94th General Assembly


Short Description:  ORGAN DONATION-PRESERVATION

House Sponsors
Rep. Tom Cross-Sara Feigenholtz-Randall M. Hultgren-Dan Brady-John A. Fritchey, Patricia R. Bellock, Kathleen A. Ryg and David E. Miller

Senate Sponsors
(Sen. James F. Clayborne, Jr.-Arthur J. Wilhelmi-Kwame Raoul-M. Maggie Crotty)


Last Action  View All Actions

DateChamber Action
  6/26/2006HousePublic Act . . . . . . . . . 94-0920

Statutes Amended In Order of Appearance
755 ILCS 60/2.5 new

Synopsis As Introduced
Amends the Organ Donation Request Act. Provides that if a person authorized under the Act to consent to the donation of a decedent's organs is not immediately available for an organ procurement agency to make a request for such consent, the hospital may use organ preservation equipment and techniques to maintain the viability of the decedent's organs. Provides for immunity absent willful misconduct. Provides that neither a decedent's estate nor a relative or guardian of a decedent may be required to pay for any costs associated with organ preservation. Provides that a hospital that initiates organ preservation measures must bear all costs associated with the organ preservation if (i) the recipient of the preserved organ is indigent, (ii) a person authorized to consent to the donation of the decedent's organs cannot be located within a reasonable time, or (iii) a person authorized to consent does not consent.

House Amendment No. 1
Deletes everything. Amends the Organ Donation Request Act. Creates a new Section concerning organ preservation with only a caption.

House Amendment No. 2
Deletes reference to:
755 ILCS 60/2.5 new
Adds reference to:
755 ILCS 50/5-20was 755 ILCS 50/5
755 ILCS 50/5-45was 755 ILCS 50/8

Deletes everything after the enacting clause. Amends the Illinois Anatomical Gift Act. Provides that when there is a suitable candidate for organ donation and a donation or consent to donate has not yet been given, procedures to preserve the decedent's body for possible organ and tissue donation may be implemented under the authorization of the applicable organ procurement agency, at its own expense, prior to making a donation request and, if the organ procurement agency does not locate a person authorized to consent to donation or consent to donation is denied, then procedures to preserve the decedent's body shall be ceased and no donation shall be made. Provides that any person who participates in good faith and according to the usual and customary standards of medical practice in the preservation, removal, or transplantation (instead of the removal or transplantation) of any part of a decedent's body pursuant to an anatomical gift made by the decedent under specified provisions shall have immunity from liability for those actions.

House Amendment No. 3
Provides that an organ procurement agency shall respect the religious tenets of the decedent, if known, such as a pause after death, before initiating preservation services.

Senate Committee Amendment No. 1
In provisions regarding execution of anatomical gifts and preservation of a decedent's body for organ or tissue donation, provides that those provisions do not authorize interference with the coroner in carrying out an investigation or autopsy.

Actions 
DateChamber Action
  1/25/2006HouseFiled with the Clerk by Rep. Tom Cross
  1/25/2006HouseFirst Reading
  1/25/2006HouseReferred to Rules Committee
  1/27/2006HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  2/7/2006HouseAssigned to Judiciary I - Civil Law Committee
  2/15/2006HouseAdded Chief Co-Sponsor Rep. Randall M. Hultgren
  2/15/2006HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/15/2006HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/15/2006HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000
  2/15/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/23/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Tom Cross
  2/23/2006HouseHouse Amendment No. 2 Referred to Rules Committee
  2/23/2006HouseAdded Chief Co-Sponsor Rep. Dan Brady
  2/28/2006HouseHouse Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  2/28/2006HouseHouse Amendment No. 3 Filed with Clerk by Rep. Tom Cross
  2/28/2006HouseHouse Amendment No. 3 Referred to Rules Committee
  2/28/2006HouseSecond Reading - Short Debate
  2/28/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  2/28/2006HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 013-000-000
  3/1/2006HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  3/1/2006HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  3/1/2006HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/1/2006HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/1/2006HouseHouse Amendment No. 3 Adopted by Voice Vote
  3/1/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/1/2006HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/3/2006HouseThird Reading - Short Debate - Passed 106-001-000
  3/3/2006HouseAdded Co-Sponsor Rep. David E. Miller
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading
  3/7/2006SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/15/2006SenateAssigned to Health & Human Services
  3/16/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/16/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/23/2006SenateSenate Committee Amendment No. 1 Rules Refers to Health & Human Services
  3/23/2006SenateSenate Committee Amendment No. 1 Adopted
  3/24/2006SenateDo Pass as Amended Health & Human Services; 010-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/27/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Arthur J. Wilhelmi
  3/27/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  3/28/2006SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  3/28/2006SenateThird Reading - Passed; 057-000-000
  3/28/2006HouseArrived in House
  3/28/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  3/29/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Tom Cross
  3/29/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  3/29/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  4/4/2006HousePassed Both Houses
  5/3/2006HouseSent to the Governor
  6/26/2006HouseGovernor Approved
  6/26/2006HouseEffective Date January 1, 2007
  6/26/2006HousePublic Act . . . . . . . . . 94-0920

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