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1 | AN ACT concerning transportation. | |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||
4 | Section 5. The Illinois Identification Card Act is amended | |||||||||||||||||||||||||
5 | by changing Sections 5 as follows: | |||||||||||||||||||||||||
6 | (15 ILCS 335/5) (from Ch. 124, par. 25) | |||||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 103-210 ) | |||||||||||||||||||||||||
8 | Sec. 5. Applications. | |||||||||||||||||||||||||
9 | (a) Any natural person who is a resident of the State of | |||||||||||||||||||||||||
10 | Illinois may file an application for an identification card, | |||||||||||||||||||||||||
11 | or for the renewal thereof, in a manner prescribed by the | |||||||||||||||||||||||||
12 | Secretary. Each original application shall be completed by the | |||||||||||||||||||||||||
13 | applicant in full and shall set forth the legal name, | |||||||||||||||||||||||||
14 | residence address , including the county, and zip code, social | |||||||||||||||||||||||||
15 | security number, birth date, sex and a brief description of | |||||||||||||||||||||||||
16 | the applicant. The applicant shall be photographed, unless the | |||||||||||||||||||||||||
17 | Secretary of State has provided by rule for the issuance of | |||||||||||||||||||||||||
18 | identification cards without photographs and the applicant is | |||||||||||||||||||||||||
19 | deemed eligible for an identification card without a | |||||||||||||||||||||||||
20 | photograph under the terms and conditions imposed by the | |||||||||||||||||||||||||
21 | Secretary of State, and he or she shall also submit any other | |||||||||||||||||||||||||
22 | information as the Secretary may deem necessary or such | |||||||||||||||||||||||||
23 | documentation as the Secretary may require to determine the |
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1 | identity of the applicant. In addition to the residence | ||||||
2 | address, the Secretary may allow the applicant to provide a | ||||||
3 | mailing address. If the applicant is a judicial officer as | ||||||
4 | defined in Section 1-10 of the Judicial Privacy Act or a peace | ||||||
5 | officer, the applicant may elect to have his or her office or | ||||||
6 | work address in lieu of the applicant's residence or mailing | ||||||
7 | address. An applicant for an Illinois Person with a Disability | ||||||
8 | Identification Card must also submit with each original or | ||||||
9 | renewal application, on forms prescribed by the Secretary, | ||||||
10 | such documentation as the Secretary may require, establishing | ||||||
11 | that the applicant is a "person with a disability" as defined | ||||||
12 | in Section 4A of this Act, and setting forth the applicant's | ||||||
13 | type and class of disability as set forth in Section 4A of this | ||||||
14 | Act. For the purposes of this subsection (a), "peace officer" | ||||||
15 | means any person who by virtue of his or her office or public | ||||||
16 | employment is vested by law with a duty to maintain public | ||||||
17 | order or to make arrests for a violation of any penal statute | ||||||
18 | of this State, whether that duty extends to all violations or | ||||||
19 | is limited to specific violations. | ||||||
20 | (a-5) Upon the first issuance of a request for proposals | ||||||
21 | for a digital driver's license and identification card | ||||||
22 | issuance and facial recognition system issued after January 1, | ||||||
23 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
24 | implementation of a new or revised system procured pursuant to | ||||||
25 | that request for proposals, the Secretary shall permit | ||||||
26 | applicants to choose between "male", "female", or "non-binary" |
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1 | when designating the applicant's sex on the identification | ||||||
2 | card application form. The sex designated by the applicant | ||||||
3 | shall be displayed on the identification card issued to the | ||||||
4 | applicant. | ||||||
5 | (b) Beginning on or before July 1, 2015, for each original | ||||||
6 | or renewal identification card application under this Act, the | ||||||
7 | Secretary shall inquire as to whether the applicant is a | ||||||
8 | veteran for purposes of issuing an identification card with a | ||||||
9 | veteran designation under subsection (c-5) of Section 4 of | ||||||
10 | this Act. The acceptable forms of proof shall include, but are | ||||||
11 | not limited to, Department of Defense form DD-214, Department | ||||||
12 | of Defense form DD-256 for applicants who did not receive a | ||||||
13 | form DD-214 upon the completion of initial basic training, | ||||||
14 | Department of Defense form DD-2 (Retired), an identification | ||||||
15 | card issued under the federal Veterans Identification Card Act | ||||||
16 | of 2015, or a United States Department of Veterans Affairs | ||||||
17 | summary of benefits letter. If the document cannot be stamped, | ||||||
18 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
19 | certificate to the veteran to provide to the Secretary of | ||||||
20 | State. The Illinois Department of Veterans' Affairs shall | ||||||
21 | advise the Secretary as to what other forms of proof of a | ||||||
22 | person's status as a veteran are acceptable. | ||||||
23 | For each applicant who is issued an identification card | ||||||
24 | with a veteran designation, the Secretary shall provide the | ||||||
25 | Department of Veterans' Affairs with the applicant's name, | ||||||
26 | address, date of birth, gender, and such other demographic |
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1 | information as agreed to by the Secretary and the Department. | ||||||
2 | The Department may take steps necessary to confirm the | ||||||
3 | applicant is a veteran. If after due diligence, including | ||||||
4 | writing to the applicant at the address provided by the | ||||||
5 | Secretary, the Department is unable to verify the applicant's | ||||||
6 | veteran status, the Department shall inform the Secretary, who | ||||||
7 | shall notify the applicant that he or she must confirm status | ||||||
8 | as a veteran, or the identification card will be cancelled. | ||||||
9 | For purposes of this subsection (b): | ||||||
10 | "Armed forces" means any of the Armed Forces of the United | ||||||
11 | States, including a member of any reserve component or | ||||||
12 | National Guard unit. | ||||||
13 | "Veteran" means a person who has served in the armed | ||||||
14 | forces and was discharged or separated under honorable | ||||||
15 | conditions. | ||||||
16 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
17 | Identification Cards and Illinois Person with a Disability | ||||||
18 | Identification Cards shall provide proof of lawful status in | ||||||
19 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
20 | Applicants who are unable to provide the Secretary with proof | ||||||
21 | of lawful status are ineligible for REAL ID compliant | ||||||
22 | identification cards under this Act. | ||||||
23 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
24 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
25 | (Text of Section after amendment by P.A. 103-210 ) |
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1 | Sec. 5. Applications. | ||||||
2 | (a) Any natural person who is a resident of the State of | ||||||
3 | Illinois may file an application for an identification card, | ||||||
4 | or for the renewal thereof, in a manner prescribed by the | ||||||
5 | Secretary. Each original application shall be completed by the | ||||||
6 | applicant in full and shall set forth the legal name, | ||||||
7 | residence address , including the county, and zip code, social | ||||||
8 | security number, if the person has a social security number, | ||||||
9 | birth date, sex and a brief description of the applicant. The | ||||||
10 | applicant shall be photographed, unless the Secretary of State | ||||||
11 | has provided by rule for the issuance of identification cards | ||||||
12 | without photographs and the applicant is deemed eligible for | ||||||
13 | an identification card without a photograph under the terms | ||||||
14 | and conditions imposed by the Secretary of State, and he or she | ||||||
15 | shall also submit any other information as the Secretary may | ||||||
16 | deem necessary or such documentation as the Secretary may | ||||||
17 | require to determine the identity of the applicant. In | ||||||
18 | addition to the residence address, the Secretary may allow the | ||||||
19 | applicant to provide a mailing address. If the applicant is a | ||||||
20 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
21 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
22 | his or her office or work address in lieu of the applicant's | ||||||
23 | residence or mailing address. An applicant for an Illinois | ||||||
24 | Person with a Disability Identification Card must also submit | ||||||
25 | with each original or renewal application, on forms prescribed | ||||||
26 | by the Secretary, such documentation as the Secretary may |
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| |||||||
1 | require, establishing that the applicant is a "person with a | ||||||
2 | disability" as defined in Section 4A of this Act, and setting | ||||||
3 | forth the applicant's type and class of disability as set | ||||||
4 | forth in Section 4A of this Act. For the purposes of this | ||||||
5 | subsection (a), "peace officer" means any person who by virtue | ||||||
6 | of his or her office or public employment is vested by law with | ||||||
7 | a duty to maintain public order or to make arrests for a | ||||||
8 | violation of any penal statute of this State, whether that | ||||||
9 | duty extends to all violations or is limited to specific | ||||||
10 | violations. | ||||||
11 | (a-5) Upon the first issuance of a request for proposals | ||||||
12 | for a digital driver's license and identification card | ||||||
13 | issuance and facial recognition system issued after January 1, | ||||||
14 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
15 | implementation of a new or revised system procured pursuant to | ||||||
16 | that request for proposals, the Secretary shall permit | ||||||
17 | applicants to choose between "male", "female", or "non-binary" | ||||||
18 | when designating the applicant's sex on the identification | ||||||
19 | card application form. The sex designated by the applicant | ||||||
20 | shall be displayed on the identification card issued to the | ||||||
21 | applicant. | ||||||
22 | (b) Beginning on or before July 1, 2015, for each original | ||||||
23 | or renewal identification card application under this Act, the | ||||||
24 | Secretary shall inquire as to whether the applicant is a | ||||||
25 | veteran for purposes of issuing an identification card with a | ||||||
26 | veteran designation under subsection (c-5) of Section 4 of |
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| |||||||
1 | this Act. The acceptable forms of proof shall include, but are | ||||||
2 | not limited to, Department of Defense form DD-214, Department | ||||||
3 | of Defense form DD-256 for applicants who did not receive a | ||||||
4 | form DD-214 upon the completion of initial basic training, | ||||||
5 | Department of Defense form DD-2 (Retired), an identification | ||||||
6 | card issued under the federal Veterans Identification Card Act | ||||||
7 | of 2015, or a United States Department of Veterans Affairs | ||||||
8 | summary of benefits letter. If the document cannot be stamped, | ||||||
9 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
10 | certificate to the veteran to provide to the Secretary of | ||||||
11 | State. The Illinois Department of Veterans' Affairs shall | ||||||
12 | advise the Secretary as to what other forms of proof of a | ||||||
13 | person's status as a veteran are acceptable. | ||||||
14 | For each applicant who is issued an identification card | ||||||
15 | with a veteran designation, the Secretary shall provide the | ||||||
16 | Department of Veterans' Affairs with the applicant's name, | ||||||
17 | address, date of birth, gender, and such other demographic | ||||||
18 | information as agreed to by the Secretary and the Department. | ||||||
19 | The Department may take steps necessary to confirm the | ||||||
20 | applicant is a veteran. If after due diligence, including | ||||||
21 | writing to the applicant at the address provided by the | ||||||
22 | Secretary, the Department is unable to verify the applicant's | ||||||
23 | veteran status, the Department shall inform the Secretary, who | ||||||
24 | shall notify the applicant that he or she must confirm status | ||||||
25 | as a veteran, or the identification card will be cancelled. | ||||||
26 | For purposes of this subsection (b): |
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1 | "Armed forces" means any of the Armed Forces of the United | ||||||
2 | States, including a member of any reserve component or | ||||||
3 | National Guard unit. | ||||||
4 | "Veteran" means a person who has served in the armed | ||||||
5 | forces and was discharged or separated under honorable | ||||||
6 | conditions. | ||||||
7 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
8 | Identification Cards and Illinois Person with a Disability | ||||||
9 | Identification Cards shall provide proof of lawful status in | ||||||
10 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
11 | Applicants who are unable to provide the Secretary with proof | ||||||
12 | of lawful status are ineligible for REAL ID compliant | ||||||
13 | identification cards under this Act. | ||||||
14 | (d) The Secretary of State may accept, as proof of date of | ||||||
15 | birth and written signature for any applicant for a standard | ||||||
16 | identification card who does not have a social security number | ||||||
17 | or documentation issued by the United States Department of | ||||||
18 | Homeland Security authorizing the applicant's presence in this | ||||||
19 | country, any passport validly issued to the applicant from the | ||||||
20 | applicant's country of citizenship or a consular | ||||||
21 | identification document validly issued to the applicant by a | ||||||
22 | consulate of that country as defined in Section 5 of the | ||||||
23 | Consular Identification Document Act. Any such documents must | ||||||
24 | be either unexpired or presented by an applicant within 2 | ||||||
25 | years of its expiration date. | ||||||
26 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) |
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1 | Section 10. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 6-106, 6-110, and 6-116 as follows: | ||||||
3 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | ||||||
4 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
5 | Sec. 6-106. Application for license or instruction permit. | ||||||
6 | (a) Every application for any permit or license authorized | ||||||
7 | to be issued under this Code shall be made upon a form | ||||||
8 | furnished by the Secretary of State. Every application shall | ||||||
9 | be accompanied by the proper fee and payment of such fee shall | ||||||
10 | entitle the applicant to not more than 3 attempts to pass the | ||||||
11 | examination within a period of one year after the date of | ||||||
12 | application. | ||||||
13 | (b) Every application shall state the legal name, social | ||||||
14 | security number, zip code, date of birth, sex, and residence | ||||||
15 | address , including the county, of the applicant; briefly | ||||||
16 | describe the applicant; state whether the applicant has | ||||||
17 | theretofore been licensed as a driver, and, if so, when and by | ||||||
18 | what state or country, and whether any such license has ever | ||||||
19 | been cancelled, suspended, revoked or refused, and, if so, the | ||||||
20 | date and reason for such cancellation, suspension, revocation | ||||||
21 | or refusal; shall include an affirmation by the applicant that | ||||||
22 | all information set forth is true and correct; and shall bear | ||||||
23 | the applicant's signature. In addition to the residence | ||||||
24 | address, the Secretary may allow the applicant to provide a |
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1 | mailing address. In the case of an applicant who is a judicial | ||||||
2 | officer or peace officer, the Secretary may allow the | ||||||
3 | applicant to provide an office or work address in lieu of a | ||||||
4 | residence or mailing address. The application form may also | ||||||
5 | require the statement of such additional relevant information | ||||||
6 | as the Secretary of State shall deem necessary to determine | ||||||
7 | the applicant's competency and eligibility. The Secretary of | ||||||
8 | State may, in his discretion, by rule or regulation, provide | ||||||
9 | that an application for a drivers license or permit may | ||||||
10 | include a suitable photograph of the applicant in the form | ||||||
11 | prescribed by the Secretary, and he may further provide that | ||||||
12 | each drivers license shall include a photograph of the driver. | ||||||
13 | The Secretary of State may utilize a photograph process or | ||||||
14 | system most suitable to deter alteration or improper | ||||||
15 | reproduction of a drivers license and to prevent substitution | ||||||
16 | of another photo thereon. For the purposes of this subsection | ||||||
17 | (b), "peace officer" means any person who by virtue of his or | ||||||
18 | her office or public employment is vested by law with a duty to | ||||||
19 | maintain public order or to make arrests for a violation of any | ||||||
20 | penal statute of this State, whether that duty extends to all | ||||||
21 | violations or is limited to specific violations. | ||||||
22 | (b-3) Upon the first issuance of a request for proposals | ||||||
23 | for a digital driver's license and identification card | ||||||
24 | issuance and facial recognition system issued after January 1, | ||||||
25 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
26 | implementation of a new or revised system procured pursuant to |
| |||||||
| |||||||
1 | that request for proposals, the Secretary shall permit | ||||||
2 | applicants to choose between "male", "female" or "non-binary" | ||||||
3 | when designating the applicant's sex on the driver's license | ||||||
4 | application form. The sex designated by the applicant shall be | ||||||
5 | displayed on the driver's license issued to the applicant. | ||||||
6 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
7 | license or permit shall provide proof of lawful status in the | ||||||
8 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
9 | who are unable to provide the Secretary with proof of lawful | ||||||
10 | status may apply for a driver's license or permit under | ||||||
11 | Section 6-105.1 of this Code. | ||||||
12 | (c) The application form shall include a notice to the | ||||||
13 | applicant of the registration obligations of sex offenders | ||||||
14 | under the Sex Offender Registration Act. The notice shall be | ||||||
15 | provided in a form and manner prescribed by the Secretary of | ||||||
16 | State. For purposes of this subsection (c), "sex offender" has | ||||||
17 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
18 | Registration Act. | ||||||
19 | (d) Any male United States citizen or immigrant who | ||||||
20 | applies for any permit or license authorized to be issued | ||||||
21 | under this Code or for a renewal of any permit or license, and | ||||||
22 | who is at least 18 years of age but less than 26 years of age, | ||||||
23 | must be registered in compliance with the requirements of the | ||||||
24 | federal Military Selective Service Act. The Secretary of State | ||||||
25 | must forward in an electronic format the necessary personal | ||||||
26 | information regarding the applicants identified in this |
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1 | subsection (d) to the Selective Service System. The | ||||||
2 | applicant's signature on the application serves as an | ||||||
3 | indication that the applicant either has already registered | ||||||
4 | with the Selective Service System or that he is authorizing | ||||||
5 | the Secretary to forward to the Selective Service System the | ||||||
6 | necessary information for registration. The Secretary must | ||||||
7 | notify the applicant at the time of application that his | ||||||
8 | signature constitutes consent to registration with the | ||||||
9 | Selective Service System, if he is not already registered. | ||||||
10 | (e) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal driver's license application under this Code, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing a driver's license with a | ||||||
14 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
15 | this Code. The acceptable forms of proof shall include, but | ||||||
16 | are not limited to, Department of Defense form DD-214, | ||||||
17 | Department of Defense form DD-256 for applicants who did not | ||||||
18 | receive a form DD-214 upon the completion of initial basic | ||||||
19 | training, Department of Defense form DD-2 (Retired), an | ||||||
20 | identification card issued under the federal Veterans | ||||||
21 | Identification Card Act of 2015, or a United States Department | ||||||
22 | of Veterans Affairs summary of benefits letter. If the | ||||||
23 | document cannot be stamped, the Illinois Department of | ||||||
24 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
25 | to provide to the Secretary of State. The Illinois Department | ||||||
26 | of Veterans' Affairs shall advise the Secretary as to what |
| |||||||
| |||||||
1 | other forms of proof of a person's status as a veteran are | ||||||
2 | acceptable. | ||||||
3 | For each applicant who is issued a driver's license with a | ||||||
4 | veteran designation, the Secretary shall provide the | ||||||
5 | Department of Veterans' Affairs with the applicant's name, | ||||||
6 | address, date of birth, gender and such other demographic | ||||||
7 | information as agreed to by the Secretary and the Department. | ||||||
8 | The Department may take steps necessary to confirm the | ||||||
9 | applicant is a veteran. If after due diligence, including | ||||||
10 | writing to the applicant at the address provided by the | ||||||
11 | Secretary, the Department is unable to verify the applicant's | ||||||
12 | veteran status, the Department shall inform the Secretary, who | ||||||
13 | shall notify the applicant that he or she must confirm status | ||||||
14 | as a veteran, or the driver's license will be cancelled. | ||||||
15 | For purposes of this subsection (e): | ||||||
16 | "Armed forces" means any of the Armed Forces of the United | ||||||
17 | States, including a member of any reserve component or | ||||||
18 | National Guard unit. | ||||||
19 | "Veteran" means a person who has served in the armed | ||||||
20 | forces and was discharged or separated under honorable | ||||||
21 | conditions. | ||||||
22 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
23 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
24 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
25 | Sec. 6-106. Application for license or instruction permit. |
| |||||||
| |||||||
1 | (a) Every application for any permit or license authorized | ||||||
2 | to be issued under this Code shall be made upon a form | ||||||
3 | furnished by the Secretary of State. Every application shall | ||||||
4 | be accompanied by the proper fee and payment of such fee shall | ||||||
5 | entitle the applicant to not more than 3 attempts to pass the | ||||||
6 | examination within a period of one year after the date of | ||||||
7 | application. | ||||||
8 | (b) Every application shall state the legal name, zip | ||||||
9 | code, date of birth, sex, and residence address , including the | ||||||
10 | county, of the applicant; briefly describe the applicant; | ||||||
11 | state whether the applicant has theretofore been licensed as a | ||||||
12 | driver, and, if so, when and by what state or country, and | ||||||
13 | whether any such license has ever been cancelled, suspended, | ||||||
14 | revoked or refused, and, if so, the date and reason for such | ||||||
15 | cancellation, suspension, revocation or refusal; shall include | ||||||
16 | an affirmation by the applicant that all information set forth | ||||||
17 | is true and correct; and shall bear the applicant's signature. | ||||||
18 | In addition to the residence address, the Secretary may allow | ||||||
19 | the applicant to provide a mailing address. In the case of an | ||||||
20 | applicant who is a judicial officer or peace officer, the | ||||||
21 | Secretary may allow the applicant to provide an office or work | ||||||
22 | address in lieu of a residence or mailing address. The | ||||||
23 | application form may also require the statement of such | ||||||
24 | additional relevant information as the Secretary of State | ||||||
25 | shall deem necessary to determine the applicant's competency | ||||||
26 | and eligibility. The Secretary of State may, in his |
| |||||||
| |||||||
1 | discretion, by rule or regulation, provide that an application | ||||||
2 | for a drivers license or permit may include a suitable | ||||||
3 | photograph of the applicant in the form prescribed by the | ||||||
4 | Secretary, and he may further provide that each drivers | ||||||
5 | license shall include a photograph of the driver. The | ||||||
6 | Secretary of State may utilize a photograph process or system | ||||||
7 | most suitable to deter alteration or improper reproduction of | ||||||
8 | a drivers license and to prevent substitution of another photo | ||||||
9 | thereon. For the purposes of this subsection (b), "peace | ||||||
10 | officer" means any person who by virtue of his or her office or | ||||||
11 | public employment is vested by law with a duty to maintain | ||||||
12 | public order or to make arrests for a violation of any penal | ||||||
13 | statute of this State, whether that duty extends to all | ||||||
14 | violations or is limited to specific violations. | ||||||
15 | (b-1) Every application shall state the social security | ||||||
16 | number of the applicant; except if the applicant is applying | ||||||
17 | for a standard driver's license and, on the date of | ||||||
18 | application, is ineligible for a social security number, then: | ||||||
19 | (1) if the applicant has documentation, issued by the | ||||||
20 | United States Department of Homeland Security, authorizing | ||||||
21 | the applicant's presence in this country, the applicant | ||||||
22 | shall provide such documentation instead of a social | ||||||
23 | security number; and | ||||||
24 | (2) if the applicant does not have documentation | ||||||
25 | described in paragraph (1), the applicant shall provide, | ||||||
26 | instead of a social security number, the following: |
| |||||||
| |||||||
1 | (A) documentation establishing that the applicant | ||||||
2 | has resided in this State for a period in excess of one | ||||||
3 | year; | ||||||
4 | (B) a passport validly issued to the applicant | ||||||
5 | from the applicant's country of citizenship or a | ||||||
6 | consular identification document validly issued to the | ||||||
7 | applicant by a consulate of that country as defined in | ||||||
8 | Section 5 of the Consular Identification Document Act, | ||||||
9 | as long as such documents are either unexpired or | ||||||
10 | presented by an applicant within 2 years of its | ||||||
11 | expiration date; and | ||||||
12 | (C) a social security card, if the applicant has a | ||||||
13 | social security number. | ||||||
14 | (b-3) Upon the first issuance of a request for proposals | ||||||
15 | for a digital driver's license and identification card | ||||||
16 | issuance and facial recognition system issued after January 1, | ||||||
17 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
18 | implementation of a new or revised system procured pursuant to | ||||||
19 | that request for proposals, the Secretary shall permit | ||||||
20 | applicants to choose between "male", "female" or "non-binary" | ||||||
21 | when designating the applicant's sex on the driver's license | ||||||
22 | application form. The sex designated by the applicant shall be | ||||||
23 | displayed on the driver's license issued to the applicant. | ||||||
24 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
25 | license or permit shall provide proof of lawful status in the | ||||||
26 | United States as defined in 6 CFR 37.3, as amended. |
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1 | (c) The application form shall include a notice to the | ||||||
2 | applicant of the registration obligations of sex offenders | ||||||
3 | under the Sex Offender Registration Act. The notice shall be | ||||||
4 | provided in a form and manner prescribed by the Secretary of | ||||||
5 | State. For purposes of this subsection (c), "sex offender" has | ||||||
6 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
7 | Registration Act. | ||||||
8 | (d) Any male United States citizen or immigrant who | ||||||
9 | applies for any permit or license authorized to be issued | ||||||
10 | under this Code or for a renewal of any permit or license, and | ||||||
11 | who is at least 18 years of age but less than 26 years of age, | ||||||
12 | must be registered in compliance with the requirements of the | ||||||
13 | federal Military Selective Service Act. The Secretary of State | ||||||
14 | must forward in an electronic format the necessary personal | ||||||
15 | information regarding the applicants identified in this | ||||||
16 | subsection (d) to the Selective Service System. The | ||||||
17 | applicant's signature on the application serves as an | ||||||
18 | indication that the applicant either has already registered | ||||||
19 | with the Selective Service System or that he is authorizing | ||||||
20 | the Secretary to forward to the Selective Service System the | ||||||
21 | necessary information for registration. The Secretary must | ||||||
22 | notify the applicant at the time of application that his | ||||||
23 | signature constitutes consent to registration with the | ||||||
24 | Selective Service System, if he is not already registered. | ||||||
25 | (e) Beginning on or before July 1, 2015, for each original | ||||||
26 | or renewal driver's license application under this Code, the |
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1 | Secretary shall inquire as to whether the applicant is a | ||||||
2 | veteran for purposes of issuing a driver's license with a | ||||||
3 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
4 | this Code. The acceptable forms of proof shall include, but | ||||||
5 | are not limited to, Department of Defense form DD-214, | ||||||
6 | Department of Defense form DD-256 for applicants who did not | ||||||
7 | receive a form DD-214 upon the completion of initial basic | ||||||
8 | training, Department of Defense form DD-2 (Retired), an | ||||||
9 | identification card issued under the federal Veterans | ||||||
10 | Identification Card Act of 2015, or a United States Department | ||||||
11 | of Veterans Affairs summary of benefits letter. If the | ||||||
12 | document cannot be stamped, the Illinois Department of | ||||||
13 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
14 | to provide to the Secretary of State. The Illinois Department | ||||||
15 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
16 | other forms of proof of a person's status as a veteran are | ||||||
17 | acceptable. | ||||||
18 | For each applicant who is issued a driver's license with a | ||||||
19 | veteran designation, the Secretary shall provide the | ||||||
20 | Department of Veterans' Affairs with the applicant's name, | ||||||
21 | address, date of birth, gender and such other demographic | ||||||
22 | information as agreed to by the Secretary and the Department. | ||||||
23 | The Department may take steps necessary to confirm the | ||||||
24 | applicant is a veteran. If after due diligence, including | ||||||
25 | writing to the applicant at the address provided by the | ||||||
26 | Secretary, the Department is unable to verify the applicant's |
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1 | veteran status, the Department shall inform the Secretary, who | ||||||
2 | shall notify the applicant that he or she must confirm status | ||||||
3 | as a veteran, or the driver's license will be cancelled. | ||||||
4 | For purposes of this subsection (e): | ||||||
5 | "Armed forces" means any of the Armed Forces of the United | ||||||
6 | States, including a member of any reserve component or | ||||||
7 | National Guard unit. | ||||||
8 | "Veteran" means a person who has served in the armed | ||||||
9 | forces and was discharged or separated under honorable | ||||||
10 | conditions. | ||||||
11 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) | ||||||
12 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | ||||||
13 | Sec. 6-110. Licenses issued to drivers. | ||||||
14 | (a) The Secretary of State shall issue to every qualifying | ||||||
15 | applicant a driver's license as applied for, which license | ||||||
16 | shall bear a distinguishing number assigned to the licensee, | ||||||
17 | the legal name, signature, zip code, date of birth, residence | ||||||
18 | address, including the county, and a brief description of the | ||||||
19 | licensee. | ||||||
20 | Licenses issued shall also indicate the classification and | ||||||
21 | the restrictions under Section 6-104 of this Code. The | ||||||
22 | Secretary may adopt rules to establish informational | ||||||
23 | restrictions that can be placed on the driver's license | ||||||
24 | regarding specific conditions of the licensee. | ||||||
25 | A driver's license issued may, in the discretion of the |
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1 | Secretary, include a suitable photograph of a type prescribed | ||||||
2 | by the Secretary. | ||||||
3 | Beginning January 1, 2025, a driver's license issued, | ||||||
4 | renewed, or corrected shall include the county of residence as | ||||||
5 | part of the applicant's address. | ||||||
6 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
7 | one of the exceptions in subsection (a-2) apply, the license | ||||||
8 | shall, as a matter of law, be invalid for the operation of any | ||||||
9 | motor vehicle during the following times: | ||||||
10 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
11 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
12 | Sunday; and | ||||||
13 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
14 | inclusive, and 6:00 a.m. on the following day. | ||||||
15 | (a-2) The driver's license of a person under the age of 18 | ||||||
16 | shall not be invalid as described in subsection (a-1) of this | ||||||
17 | Section if the licensee under the age of 18 was: | ||||||
18 | (1) accompanied by the licensee's parent or guardian | ||||||
19 | or other person in custody or control of the minor; | ||||||
20 | (2) on an errand at the direction of the minor's | ||||||
21 | parent or guardian, without any detour or stop; | ||||||
22 | (3) in a motor vehicle involved in interstate travel; | ||||||
23 | (4) going to or returning home from an employment | ||||||
24 | activity, without any detour or stop; | ||||||
25 | (5) involved in an emergency; | ||||||
26 | (6) going to or returning home from, without any |
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1 | detour or stop, an official school, religious, or other | ||||||
2 | recreational activity supervised by adults and sponsored | ||||||
3 | by a government or governmental agency, a civic | ||||||
4 | organization, or another similar entity that takes | ||||||
5 | responsibility for the licensee, without any detour or | ||||||
6 | stop; | ||||||
7 | (7) exercising First Amendment rights protected by the | ||||||
8 | United States Constitution, such as the free exercise of | ||||||
9 | religion, freedom of speech, and the right of assembly; or | ||||||
10 | (8) married or had been married or is an emancipated | ||||||
11 | minor under the Emancipation of Minors Act. | ||||||
12 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
13 | age and has been licensed for at least 12 months is not invalid | ||||||
14 | as described in subsection (a-1) of this Section while the | ||||||
15 | licensee is participating as an assigned driver in a Safe | ||||||
16 | Rides program that meets the following criteria: | ||||||
17 | (1) the program is sponsored by the Boy Scouts of | ||||||
18 | America or another national public service organization; | ||||||
19 | and | ||||||
20 | (2) the sponsoring organization carries liability | ||||||
21 | insurance covering the program. | ||||||
22 | (a-3) If a graduated driver's license holder over the age | ||||||
23 | of 18 committed an offense against traffic regulations | ||||||
24 | governing the movement of vehicles or any violation of Section | ||||||
25 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
26 | the graduated driver's license holder's 18th birthday, and was |
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1 | subsequently convicted of the offense, the provisions of | ||||||
2 | subsection (a-1) shall continue to apply until such time as a | ||||||
3 | period of 6 consecutive months has elapsed without an | ||||||
4 | additional violation and subsequent conviction of an offense | ||||||
5 | against traffic regulations governing the movement of vehicles | ||||||
6 | or Section 6-107 or Section 12-603.1 of this Code. | ||||||
7 | (a-4) If an applicant for a driver's license or | ||||||
8 | instruction permit has a current identification card issued by | ||||||
9 | the Secretary of State, the Secretary may require the | ||||||
10 | applicant to utilize the same residence address and name on | ||||||
11 | the identification card, driver's license, and instruction | ||||||
12 | permit records maintained by the Secretary. The Secretary may | ||||||
13 | promulgate rules to implement this provision. | ||||||
14 | (a-5) If an applicant for a driver's license is a judicial | ||||||
15 | officer or a peace officer, the applicant may elect to have his | ||||||
16 | or her office or work address listed on the license instead of | ||||||
17 | the applicant's residence or mailing address. The Secretary of | ||||||
18 | State shall adopt rules to implement this subsection (a-5). | ||||||
19 | For the purposes of this subsection (a-5), "peace officer" | ||||||
20 | means any person who by virtue of his or her office or public | ||||||
21 | employment is vested by law with a duty to maintain public | ||||||
22 | order or to make arrests for a violation of any penal statute | ||||||
23 | of this State, whether that duty extends to all violations or | ||||||
24 | is limited to specific violations. | ||||||
25 | (b) Until the Secretary of State establishes a First | ||||||
26 | Person Consent organ and tissue donor registry under Section |
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| |||||||
1 | 6-117 of this Code, the Secretary of State shall provide a | ||||||
2 | format on the reverse of each driver's license issued which | ||||||
3 | the licensee may use to execute a document of gift conforming | ||||||
4 | to the provisions of the Illinois Anatomical Gift Act. The | ||||||
5 | format shall allow the licensee to indicate the gift intended, | ||||||
6 | whether specific organs, any organ, or the entire body, and | ||||||
7 | shall accommodate the signatures of the donor and 2 witnesses. | ||||||
8 | The Secretary shall also inform each applicant or licensee of | ||||||
9 | this format, describe the procedure for its execution, and may | ||||||
10 | offer the necessary witnesses; provided that in so doing, the | ||||||
11 | Secretary shall advise the applicant or licensee that he or | ||||||
12 | she is under no compulsion to execute a document of gift. A | ||||||
13 | brochure explaining this method of executing an anatomical | ||||||
14 | gift document shall be given to each applicant or licensee. | ||||||
15 | The brochure shall advise the applicant or licensee that he or | ||||||
16 | she is under no compulsion to execute a document of gift, and | ||||||
17 | that he or she may wish to consult with family, friends or | ||||||
18 | clergy before doing so. The Secretary of State may undertake | ||||||
19 | additional efforts, including education and awareness | ||||||
20 | activities, to promote organ and tissue donation. | ||||||
21 | (c) The Secretary of State shall designate on each | ||||||
22 | driver's license issued a space where the licensee may place a | ||||||
23 | sticker or decal of the uniform size as the Secretary may | ||||||
24 | specify, which sticker or decal may indicate in appropriate | ||||||
25 | language that the owner of the license carries an Emergency | ||||||
26 | Medical Information Card. |
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1 | The sticker may be provided by any person, hospital, | ||||||
2 | school, medical group, or association interested in assisting | ||||||
3 | in implementing the Emergency Medical Information Card, but | ||||||
4 | shall meet the specifications as the Secretary may by rule or | ||||||
5 | regulation require. | ||||||
6 | (d) The Secretary of State shall designate on each | ||||||
7 | driver's license issued a space where the licensee may | ||||||
8 | indicate his blood type and RH factor. | ||||||
9 | (e) The Secretary of State shall provide that each | ||||||
10 | original or renewal driver's license issued to a licensee | ||||||
11 | under 21 years of age shall be of a distinct nature from those | ||||||
12 | driver's licenses issued to individuals 21 years of age and | ||||||
13 | older. The color designated for driver's licenses for | ||||||
14 | licensees under 21 years of age shall be at the discretion of | ||||||
15 | the Secretary of State. | ||||||
16 | (e-1) The Secretary shall provide that each driver's | ||||||
17 | license issued to a person under the age of 21 displays the | ||||||
18 | date upon which the person becomes 18 years of age and the date | ||||||
19 | upon which the person becomes 21 years of age. | ||||||
20 | (e-3) The General Assembly recognizes the need to identify | ||||||
21 | military veterans living in this State for the purpose of | ||||||
22 | ensuring that they receive all of the services and benefits to | ||||||
23 | which they are legally entitled, including healthcare, | ||||||
24 | education assistance, and job placement. To assist the State | ||||||
25 | in identifying these veterans and delivering these vital | ||||||
26 | services and benefits, the Secretary of State is authorized to |
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| |||||||
1 | issue drivers' licenses with the word "veteran" appearing on | ||||||
2 | the face of the licenses. This authorization is predicated on | ||||||
3 | the unique status of veterans. The Secretary may not issue any | ||||||
4 | other driver's license which identifies an occupation, status, | ||||||
5 | affiliation, hobby, or other unique characteristics of the | ||||||
6 | license holder which is unrelated to the purpose of the | ||||||
7 | driver's license. | ||||||
8 | (e-5) Beginning on or before July 1, 2015, the Secretary | ||||||
9 | of State shall designate a space on each original or renewal | ||||||
10 | driver's license where, at the request of the applicant, the | ||||||
11 | word "veteran" shall be placed. The veteran designation shall | ||||||
12 | be available to a person identified as a veteran under | ||||||
13 | subsection (e) of Section 6-106 of this Code who was | ||||||
14 | discharged or separated under honorable conditions. | ||||||
15 | (f) The Secretary of State shall inform all Illinois | ||||||
16 | licensed commercial motor vehicle operators of the | ||||||
17 | requirements of the Uniform Commercial Driver License Act, | ||||||
18 | Article V of this Chapter, and shall make provisions to insure | ||||||
19 | that all drivers, seeking to obtain a commercial driver's | ||||||
20 | license, be afforded an opportunity prior to April 1, 1992, to | ||||||
21 | obtain the license. The Secretary is authorized to extend | ||||||
22 | driver's license expiration dates, and assign specific times, | ||||||
23 | dates and locations where these commercial driver's tests | ||||||
24 | shall be conducted. Any applicant, regardless of the current | ||||||
25 | expiration date of the applicant's driver's license, may be | ||||||
26 | subject to any assignment by the Secretary. Failure to comply |
| |||||||
| |||||||
1 | with the Secretary's assignment may result in the applicant's | ||||||
2 | forfeiture of an opportunity to receive a commercial driver's | ||||||
3 | license prior to April 1, 1992. | ||||||
4 | (g) The Secretary of State shall designate on a driver's | ||||||
5 | license issued, a space where the licensee may indicate that | ||||||
6 | he or she has drafted a living will in accordance with the | ||||||
7 | Illinois Living Will Act or a durable power of attorney for | ||||||
8 | health care in accordance with the Illinois Power of Attorney | ||||||
9 | Act. | ||||||
10 | (g-1) The Secretary of State, in his or her discretion, | ||||||
11 | may designate on each driver's license issued a space where | ||||||
12 | the licensee may place a sticker or decal, issued by the | ||||||
13 | Secretary of State, of uniform size as the Secretary may | ||||||
14 | specify, that shall indicate in appropriate language that the | ||||||
15 | owner of the license has renewed his or her driver's license. | ||||||
16 | (h) A person who acts in good faith in accordance with the | ||||||
17 | terms of this Section is not liable for damages in any civil | ||||||
18 | action or subject to prosecution in any criminal proceeding | ||||||
19 | for his or her act. | ||||||
20 | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | ||||||
21 | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | ||||||
22 | 1-1-14; 98-463, eff. 8-16-13.) | ||||||
23 | (625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116) | ||||||
24 | Sec. 6-116. Notice of Change of Residence Address or Legal | ||||||
25 | Name. |
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| |||||||
1 | (a) Whenever any person after applying for or receiving a | ||||||
2 | drivers license or permit moves from the residence address | ||||||
3 | named in such application or on the license or permit issued to | ||||||
4 | him such person shall within 10 days thereafter notify the | ||||||
5 | Drivers Services Department of the Secretary of State's Office | ||||||
6 | in writing of his old and new residence addresses , including | ||||||
7 | the county of the new residence, and of the number of any | ||||||
8 | license or permit then held by him. Such person may obtain a | ||||||
9 | corrected license or permit as provided in Section 6-114. | ||||||
10 | (b) Any person whose legal name has changed from the name | ||||||
11 | on the license or permit that he or she has been previously | ||||||
12 | issued must apply for a corrected card within 30 days after the | ||||||
13 | change. | ||||||
14 | (Source: P.A. 93-895, eff. 1-1-05.) | ||||||
15 | Section 95. No acceleration or delay. Where this Act makes | ||||||
16 | changes in a statute that is represented in this Act by text | ||||||
17 | that is not yet or no longer in effect (for example, a Section | ||||||
18 | represented by multiple versions), the use of that text does | ||||||
19 | not accelerate or delay the taking effect of (i) the changes | ||||||
20 | made by this Act or (ii) provisions derived from any other | ||||||
21 | Public Act. |