Illinois General Assembly - Full Text of HB4825
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Full Text of HB4825  102nd General Assembly

HB4825 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 20908 RAM 34088 b

 

 

A BILL FOR

 

HB4825LRB102 20908 RAM 34088 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 3-405 and by adding Section 3-405.5 as
6follows:
 
7    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
8    Sec. 3-405. Application for registration.
9    (a) Every owner of a vehicle subject to registration under
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
15        1. The name, domicile address, as defined in Section
16    1-115.5 of this Code, (except as otherwise provided in
17    this paragraph 1), mail address of the owner or business
18    address of the owner if a firm, association, or
19    corporation, and, if available, email address of the
20    owner. If the mailing address is a post office box number,
21    the address listed on the driver license record may be
22    used to verify residence. A police officer, a deputy
23    sheriff, an elected sheriff, a law enforcement officer for

 

 

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1    the Illinois State Police, a fire investigator, a state's
2    attorney, an assistant state's attorney, a state's
3    attorney special investigator, or a judicial officer may
4    elect to furnish the address of the headquarters of the
5    governmental entity, police district, or business address
6    where he or she works instead of his or her domicile
7    address, in which case that address shall be deemed to be
8    his or her domicile address for all purposes under this
9    Chapter 3. The spouse and children of a person who may
10    elect under this paragraph 1 to furnish the address of the
11    headquarters of the government entity, police district, or
12    business address where the person works instead of the
13    person's domicile address may, if they reside with that
14    person, also elect to furnish the address of the
15    headquarters of the government entity, police district, or
16    business address where the person works as their domicile
17    address, in which case that address shall be deemed to be
18    their domicile address for all purposes under this Chapter
19    3. In this paragraph 1: (A) "police officer" has the
20    meaning ascribed to "policeman" in Section 10-3-1 of the
21    Illinois Municipal Code; (B) "deputy sheriff" means a
22    deputy sheriff appointed under Section 3-6008 of the
23    Counties Code; (C) "elected sheriff" means a sheriff
24    commissioned pursuant to Section 3-6001 of the Counties
25    Code; (D) "fire investigator" means a person classified as
26    a peace officer under the Peace Officer Fire Investigation

 

 

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1    Act; (E) "state's attorney", "assistant state's attorney",
2    and "state's attorney special investigator" mean a state's
3    attorney, assistant state's attorney, and state's attorney
4    special investigator commissioned or appointed under
5    Division 3-9 of the Counties Code; and (F) "judicial
6    officer" has the meaning ascribed to it in Section 1-10 of
7    the Judicial Privacy Act.
8        2. A description of the vehicle, including such
9    information as is required in an application for a
10    certificate of title, determined under such standard
11    rating as may be prescribed by the Secretary.
12        3. (Blank).
13        3.5. A space for a voluntary disclosure of a condition
14    that impedes effective communication under Section
15    3-405.5.
16        4. Such further information as may reasonably be
17    required by the Secretary to enable him to determine
18    whether the vehicle is lawfully entitled to registration
19    and the owner entitled to a certificate of title.
20        5. An affirmation by the applicant that all
21    information set forth is true and correct. If the
22    application is for the registration of a motor vehicle,
23    the applicant also shall affirm that the motor vehicle is
24    insured as required by this Code, that such insurance will
25    be maintained throughout the period for which the motor
26    vehicle shall be registered, and that neither the owner,

 

 

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1    nor any person operating the motor vehicle with the
2    owner's permission, shall operate the motor vehicle unless
3    the required insurance is in effect. If the person signing
4    the affirmation is not the sole owner of the vehicle, such
5    person shall be deemed to have affirmed on behalf of all
6    the owners of the vehicle. If the person signing the
7    affirmation is not an owner of the vehicle, such person
8    shall be deemed to have affirmed on behalf of the owner or
9    owners of the vehicle. The lack of signature on the
10    application shall not in any manner exempt the owner or
11    owners from any provisions, requirements or penalties of
12    this Code.
13    (b) When such application refers to a new vehicle
14purchased from a dealer the application shall be accompanied
15by a Manufacturer's Statement of Origin from the dealer, and a
16statement showing any lien retained by the dealer.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    (625 ILCS 5/3-405.5 new)
19    Sec. 3-405.5. Registration by an owner with a condition
20that impedes effective communication.
21    (a) An application for registration must provide space
22where the applicant voluntarily may indicate that the
23applicant, or other approved driver of the registered vehicle,
24has a health condition or disability that may impede effective
25communication with a peace officer. The application shall

 

 

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1include a checklist of common health conditions and
2disabilities that impede effective communication from which
3the applicant may select. The checklist shall also include a
4blank space for the applicant to specify a condition that is
5not listed. The Secretary of State may request from a person
6who makes an indication under this subsection verification of
7a condition in the form of:
8        (1) for a physical health condition, a written
9    statement from a licensed physician; or
10        (2) for a mental health condition, a written statement
11    from a licensed physician, a licensed psychologist, or a
12    nonphysician mental health professional.
13    (b) The Secretary shall provide to the Illinois State
14Police the vehicle registration information of a person who
15indicated on an application under subsection (a) that the
16person, or other approved driver of the registered vehicle,
17has a health condition or disability that may impede effective
18communication. The Secretary may not provide to the Illinois
19State Police information that shows the person's specific
20health condition or disability, or that of another approved
21driver of the registered vehicle, unless the person authorizes
22the disclosure of the specific health condition or disability.
23    (c) The Illinois State Police shall establish a system to
24include information received under subsection (b) in the
25statewide Law Enforcement Agencies Data System for the purpose
26of alerting a peace officer who makes a traffic stop that the

 

 

HB4825- 6 -LRB102 20908 RAM 34088 b

1operator of the stopped vehicle may have a health condition or
2disability that may impede effective communication.
3    (d) The Illinois State Police may not make information
4received under subsection (b) available in the statewide Law
5Enforcement Agencies Data System to a person who has access to
6the system under a contract unless the contract prohibits the
7person from disclosing that information to a person who is not
8subject to the contract.
9    (e) Except as otherwise provided by this Section,
10information supplied to the Secretary relating to an
11applicant's health condition or disability, or that of another
12approved driver of the registered vehicle, may not be
13disclosed to any person. Such information is for the
14confidential use of the Secretary and the Illinois State
15Police.