Illinois 94th Regular Session Status: Enacted

HB 5259 — ORGAN DONATION-PRESERVATION

Last action — Public Act . . . . . . . . . 94-0920

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 25, 2006. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

71 added · 70 removed

Plain-language change summary

The recent changes to Bill HB 5259 include the addition of a clause that explicitly states nothing in the bill allows for interference with a coroner's investigation or autopsy. This addition clarifies the roles of those involved in body disposition and safeguards the integrity of coroner investigations. This matters because it ensures that the legal rights of the deceased are respected while also protecting the vital work of coroner offices in determining cause of death.

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Previous
Latest
HB5259 Engrossed LRB094 17646 RCE 52944 b AN ACT concerning organ donation.
HB5259 Enrolled LRB094 17646 RCE 52944 b AN ACT concerning organ donation.
Consenting to be included HB5259 Engrossed - 2 - LRB094 17646 RCE 52944 b in the First Person Consent organ and tissue donor registry is effective without regard to the presence or signature of witnesses.
Consenting to be included HB5259 Enrolled - 2 - LRB094 17646 RCE 52944 b in the First Person Consent organ and tissue donor registry is effective without regard to the presence or signature of witnesses.
HB5259 Engrossed - 3 - LRB094 17646 RCE 52944 b (Source:
Nothing in this Section shall be HB5259 Enrolled - 3 - LRB094 17646 RCE 52944 b construed to authorize interference with the coroner in carrying out an investigation or autopsy.
(Source:
Any person that participates in good faith and according to the usual and customary standards of medical practice in the preservation, removal, or transplantation of any part of a decedent’s body pursuant to an anatomical gift made by the decedent under Section 5-20 of this HB5259 Engrossed - 4 - LRB094 17646 RCE 52944 b Act or pursuant to an anatomical gift made by an individual as authorized by subsection (b) of Section 5-5 of this Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such actions.
Any person that participates in good faith and according to the usual and customary standards of medical practice in the preservation, removal, or HB5259 Enrolled - 4 - LRB094 17646 RCE 52944 b transplantation of any part of a decedent’s body pursuant to an anatomical gift made by the decedent under Section 5-20 of this Act or pursuant to an anatomical gift made by an individual as authorized by subsection (b) of Section 5-5 of this Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such actions.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 94-0920

  2. Effective Date January 1, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 113-000-000

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Tom Cross

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 057-000-000

  13. Added as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty

  14. Added as Alternate Chief Co-Sponsor Sen. Kwame Raoul

  15. Added as Alternate Chief Co-Sponsor Sen. Arthur J. Wilhelmi

  16. Placed on Calendar Order of 3rd Reading March 28, 2006

  17. Second Reading

  18. Placed on Calendar Order of 2nd Reading March 27, 2006

  19. Do Pass as Amended Health & Human Services; 010-000-000

  20. Senate Committee Amendment No. 1 Adopted

  21. Senate Committee Amendment No. 1 Rules Refers to Health & Human Services

  22. Senate Committee Amendment No. 1 Referred to Rules

  23. Senate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.

  24. Assigned to Health & Human Services

  25. Referred to Rules

  26. First Reading

  27. Chief Senate Sponsor Sen. James F. Clayborne, Jr.

  28. Placed on Calendar Order of First Reading

  29. Arrive in Senate

  30. Added Co-Sponsor Rep. David E. Miller

  31. Third Reading - Short Debate - Passed 106-001-000

  32. Added Co-Sponsor Rep. Kathleen A. Ryg

  33. Placed on Calendar Order of 3rd Reading - Short Debate

  34. House Floor Amendment No. 3 Adopted by Voice Vote

  35. House Floor Amendment No. 2 Adopted by Voice Vote

  36. Added Co-Sponsor Rep. Patricia R. Bellock

  37. Added Chief Co-Sponsor Rep. John A. Fritchey

  38. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000

  39. House Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 013-000-000

  40. Held on Calendar Order of Second Reading - Short Debate

  41. Second Reading - Short Debate

  42. House Floor Amendment No. 3 Referred to Rules Committee

  43. House Floor Amendment No. 3 Filed with Clerk by Rep. Tom Cross

  44. House Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee

  45. Added Chief Co-Sponsor Rep. Dan Brady

  46. House Floor Amendment No. 2 Referred to Rules Committee

  47. House Floor Amendment No. 2 Filed with Clerk by Rep. Tom Cross

  48. Placed on Calendar 2nd Reading - Short Debate

  49. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000

  50. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  51. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  52. Added Chief Co-Sponsor Rep. Randall M. Hultgren

  53. Assigned to Judiciary I - Civil Law Committee

  54. Added Chief Co-Sponsor Rep. Sara Feigenholtz

  55. Referred to Rules Committee

  56. First Reading

  57. Filed with the Clerk by Rep. Tom Cross

Sponsors

  • Tom Cross · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Tom Cross

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 8001
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Soto — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Munson — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Not Voting
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Reitz — Yea
Lyons, Joseph — Yea
Mendoza — Yea
Meyer — Yea
Scully — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Madigan — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Howard — Yea
Parke — Yea
Phelps — Not Voting
Pihos — Yea
Watson — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Davis, Monique — Yea
Verschoore — Yea
Jones — Not Voting
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 4001
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Brady — Yea
Munoz — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Sullivan — Yea
Silverstein — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Trotter — Yea
Viverito — Yea
Demuzio — Yea
Wilhelmi — Yea
Petka — Not Voting
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 960010
Democrat 8001
Republican 2100
Total 1061011
% of votes cast 90%1%0%9%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Schock — Yea
Sommer — Yea
Soto — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Meyer — Yea
Mulligan — Yea
Graham — Yea
Hassert — Yea
Hultgren — Yea
Nekritz — Yea
Jefferson — Yea
Jenisch — Yea
Krause — Yea
Lang — Yea
Poe — Yea
Dugan — Yea
Dunkin — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
Reitz — Yea
Lyons, Joseph — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Scully — Yea
Tenhouse — Yea
Tryon — Yea
McGuire — Yea
Turner — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Verschoore — Yea
Brady — Yea
Wait — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Hannig — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Watson — Yea
Jones — Yea
Davis, Monique — Yea
Burke — Not Voting
Mitchell, Jerry — Not Voting
Howard — Not Voting
Osmond — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Not Voting
Cultra — Yea
Currie — Yea
D'Amico — Not Voting
Daniels — Not Voting
Giles — Not Voting
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Not Voting
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Not Voting
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 5259 do?
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.
Who sponsors HB 5259?
HB 5259 is sponsored by Tom Cross.
What is the current status of HB 5259?
This bill has been enacted into law. Introduced January 25, 2006. Enacted.
Where can I track HB 5259?
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