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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 |
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| 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 |
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| 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. |
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| 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 |
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| 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: |
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| 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 |
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| 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. |