Public Act 096-1168
 
HB5669 EnrolledLRB096 19999 AJT 35486 b



    AN ACT concerning public safety.

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



 
    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.)
 

    Section 99. Effective date. This Act takes effect January 
1, 2011.


Effective Date:  1/1/2011