|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3322 Introduced 2/7/2024, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: | | 15 ILCS 335/4 | | 15 ILCS 335/12 | from Ch. 124, par. 32 |
| Amends the Illinois Identification Card Act. Sets forth procedures for the Secretary of State to issue a standard Illinois Identification Card to a person committed to the Department of Corrections, Department of Juvenile Justice, or a county jail or county department of corrections (rather than the Department of Corrections or Department of Juvenile Justice). Makes conforming changes. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government. |
| 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 4 and 12 as follows: |
| 6 | | (15 ILCS 335/4) |
| 7 | | (Text of Section before amendment by P.A. 103-210) |
| 8 | | Sec. 4. Identification card. |
| 9 | | (a) The Secretary of State shall issue a standard Illinois |
| 10 | | Identification Card to any natural person who is a resident of |
| 11 | | the State of Illinois who applies for such card, or renewal |
| 12 | | thereof. No identification card shall be issued to any person |
| 13 | | who holds a valid foreign state identification card, license, |
| 14 | | or permit unless the person first surrenders to the Secretary |
| 15 | | of State the valid foreign state identification card, license, |
| 16 | | or permit. The card shall be prepared and supplied by the |
| 17 | | Secretary of State and shall include a photograph and |
| 18 | | signature or mark of the applicant. However, the Secretary of |
| 19 | | State may provide by rule for the issuance of Illinois |
| 20 | | Identification Cards without photographs if the applicant has |
| 21 | | a bona fide religious objection to being photographed or to |
| 22 | | the display of his or her photograph. The Illinois |
| 23 | | Identification Card may be used for identification purposes in |
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| 1 | | any lawful situation only by the person to whom it was issued. |
| 2 | | As used in this Act, "photograph" means any color photograph |
| 3 | | or digitally produced and captured image of an applicant for |
| 4 | | an identification card. As used in this Act, "signature" means |
| 5 | | the name of a person as written by that person and captured in |
| 6 | | a manner acceptable to the Secretary of State. |
| 7 | | (a-5) If an applicant for an identification card has a |
| 8 | | current driver's license or instruction permit issued by the |
| 9 | | Secretary of State, the Secretary may require the applicant to |
| 10 | | utilize the same residence address and name on the |
| 11 | | identification card, driver's license, and instruction permit |
| 12 | | records maintained by the Secretary. The Secretary may |
| 13 | | promulgate rules to implement this provision. |
| 14 | | (a-10) If the applicant is a judicial officer as defined |
| 15 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, |
| 16 | | the applicant may elect to have his or her office or work |
| 17 | | address listed on the card instead of the applicant's |
| 18 | | residence or mailing address. The Secretary may promulgate |
| 19 | | rules to implement this provision. For the purposes of this |
| 20 | | subsection (a-10), "peace officer" means any person who by |
| 21 | | virtue of his or her office or public employment is vested by |
| 22 | | law with a duty to maintain public order or to make arrests for |
| 23 | | a violation of any penal statute of this State, whether that |
| 24 | | duty extends to all violations or is limited to specific |
| 25 | | violations. |
| 26 | | (a-15) The Secretary of State may provide for an expedited |
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| 1 | | process for the issuance of an Illinois Identification Card. |
| 2 | | The Secretary shall charge an additional fee for the expedited |
| 3 | | issuance of an Illinois Identification Card, to be set by |
| 4 | | rule, not to exceed $75. All fees collected by the Secretary |
| 5 | | for expedited Illinois Identification Card service shall be |
| 6 | | deposited into the Secretary of State Special Services Fund. |
| 7 | | The Secretary may adopt rules regarding the eligibility, |
| 8 | | process, and fee for an expedited Illinois Identification |
| 9 | | Card. If the Secretary of State determines that the volume of |
| 10 | | expedited identification card requests received on a given day |
| 11 | | exceeds the ability of the Secretary to process those requests |
| 12 | | in an expedited manner, the Secretary may decline to provide |
| 13 | | expedited services, and the additional fee for the expedited |
| 14 | | service shall be refunded to the applicant. |
| 15 | | (a-20) The Secretary of State shall issue a standard |
| 16 | | Illinois Identification Card to a person committed to the |
| 17 | | Department of Corrections, or Department of Juvenile Justice, |
| 18 | | or a county jail or county department of corrections as |
| 19 | | follows: upon receipt of the person's birth certificate, |
| 20 | | social security card, photograph, proof of residency upon |
| 21 | | discharge, and an identification card application transferred |
| 22 | | via a secure method as agreed upon by the Secretary and the |
| 23 | | Department of Corrections or Department of Juvenile Justice. |
| 24 | | Illinois residency shall be established by submission of a |
| 25 | | Secretary of State prescribed Identification Card verification |
| 26 | | form completed by the respective Department. |
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| 1 | | (1) A committed person who has previously held an |
| 2 | | Illinois Identification Card or an Illinois driver's |
| 3 | | license shall submit an Identification Card verification |
| 4 | | form to the Secretary of State, including a photograph |
| 5 | | taken by the correctional facility, proof of residency |
| 6 | | upon discharge, and a social security number, if the |
| 7 | | committed person has a social security number. If the |
| 8 | | committed person does not have a social security number |
| 9 | | and is eligible for a social security number, the |
| 10 | | Secretary of State shall not issue a standard Illinois |
| 11 | | Identification Card until the committed person obtains a |
| 12 | | social security number. If the committed person's |
| 13 | | photograph and demographic information matches an existing |
| 14 | | Illinois Identification Card or Illinois driver's license |
| 15 | | and the Secretary of State verifies the applicant's social |
| 16 | | security number with the Social Security Administration, |
| 17 | | the Secretary of State shall issue the committed person a |
| 18 | | standard Illinois Identification Card. If the photograph |
| 19 | | or demographic information matches an existing Illinois |
| 20 | | Identification Card or Illinois driver's license in |
| 21 | | another person's name or identity, a standard Illinois |
| 22 | | Identification Card shall not be issued until the |
| 23 | | committed person submits a certified birth certificate and |
| 24 | | social security card to the Secretary of State and the |
| 25 | | Secretary of State verifies the identity of the committed |
| 26 | | person. If the Secretary of State cannot find a match to an |
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| 1 | | existing Illinois Identification Card or Illinois driver's |
| 2 | | license, the committed person may apply for a standard |
| 3 | | Illinois Identification card as described in paragraph |
| 4 | | (2). |
| 5 | | (2) A committed person who has not previously held an |
| 6 | | Illinois Identification Card or Illinois driver's license |
| 7 | | or for whom a match cannot be found as described in |
| 8 | | paragraph (1) shall submit an Identification Card |
| 9 | | verification form, including a photograph taken by the |
| 10 | | correctional facility, a certified birth certificate, |
| 11 | | proof of residency upon discharge, and a social security |
| 12 | | number, if the committed has a social security number. If |
| 13 | | the committed person does not have a social security |
| 14 | | number and is eligible for a social security number, the |
| 15 | | Secretary of State shall not issue a standard Illinois |
| 16 | | Identification Card until the committed person obtains a |
| 17 | | social security number. If the Secretary of State verifies |
| 18 | | the applicant's social security number with the Social |
| 19 | | Security Administration, the Secretary of State shall |
| 20 | | issue the committed person a standard Illinois |
| 21 | | Identification Card. |
| 22 | | The Illinois Identification Card verification form |
| 23 | | described in this subsection shall be prescribed by the |
| 24 | | Secretary State. The Secretary of State and correctional |
| 25 | | facilities in this State shall establish a secure method to |
| 26 | | transfer the form. |
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| 1 | | (a-25) The Secretary of State shall issue a limited-term |
| 2 | | Illinois Identification Card valid for 90 days to a committed |
| 3 | | person upon release on parole, mandatory supervised release, |
| 4 | | aftercare release, final discharge, or pardon from the |
| 5 | | Department of Corrections, or Department of Juvenile Justice, |
| 6 | | or a county jail or county department of corrections, if the |
| 7 | | released person does not obtain a standard Illinois |
| 8 | | Identification Card as described in subsection (a-20) prior to |
| 9 | | release is unable to present a certified copy of his or her |
| 10 | | birth certificate and social security card or other documents |
| 11 | | authorized by the Secretary, but does present a Secretary of |
| 12 | | State prescribed Identification Card verification form |
| 13 | | completed by the correctional facility Department of |
| 14 | | Corrections or Department of Juvenile Justice, verifying the |
| 15 | | released person's date of birth, social security number, if |
| 16 | | the person has a social security number, and his or her |
| 17 | | Illinois residence address. The verification form must have |
| 18 | | been completed no more than 30 days prior to the date of |
| 19 | | application for the Illinois Identification Card. |
| 20 | | Prior to the expiration of the 90-day period of the |
| 21 | | limited-term Illinois Identification Card, if the released |
| 22 | | person submits to the Secretary of State a certified copy of |
| 23 | | his or her birth certificate and his or her social security |
| 24 | | card or other documents authorized by the Secretary, a |
| 25 | | standard Illinois Identification Card shall be issued. A |
| 26 | | limited-term Illinois Identification Card may not be renewed. |
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| 1 | | This subsection shall not apply to a released person who |
| 2 | | was unable to obtain a standard Illinois Identification Card |
| 3 | | because his or her photograph or demographic information |
| 4 | | matched an existing Illinois Identification Card or Illinois |
| 5 | | driver's license in another person's name or identity or to a |
| 6 | | released person who does not have a social security number and |
| 7 | | is eligible for a social security number. |
| 8 | | (a-30) The Secretary of State shall issue a standard |
| 9 | | Illinois Identification Card to a person upon conditional |
| 10 | | release or absolute discharge from the custody of the |
| 11 | | Department of Human Services, if the person presents a |
| 12 | | certified copy of his or her birth certificate, social |
| 13 | | security card, or other documents authorized by the Secretary, |
| 14 | | and a document proving his or her Illinois residence address. |
| 15 | | The Secretary of State shall issue a standard Illinois |
| 16 | | Identification Card to a person prior to his or her |
| 17 | | conditional release or absolute discharge if personnel from |
| 18 | | the Department of Human Services bring the person to a |
| 19 | | Secretary of State location with the required documents. |
| 20 | | Documents proving residence address may include any official |
| 21 | | document of the Department of Human Services showing the |
| 22 | | person's address after release and a Secretary of State |
| 23 | | prescribed verification form, which may be executed by |
| 24 | | personnel of the Department of Human Services. |
| 25 | | (a-35) The Secretary of State shall issue a limited-term |
| 26 | | Illinois Identification Card valid for 90 days to a person |
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| 1 | | upon conditional release or absolute discharge from the |
| 2 | | custody of the Department of Human Services, if the person is |
| 3 | | unable to present a certified copy of his or her birth |
| 4 | | certificate and social security card or other documents |
| 5 | | authorized by the Secretary, but does present a Secretary of |
| 6 | | State prescribed verification form completed by the Department |
| 7 | | of Human Services, verifying the person's date of birth and |
| 8 | | social security number, and a document proving his or her |
| 9 | | Illinois residence address. The verification form must have |
| 10 | | been completed no more than 30 days prior to the date of |
| 11 | | application for the Illinois Identification Card. The |
| 12 | | Secretary of State shall issue a limited-term Illinois |
| 13 | | Identification Card to a person no sooner than 14 days prior to |
| 14 | | his or her conditional release or absolute discharge if |
| 15 | | personnel from the Department of Human Services bring the |
| 16 | | person to a Secretary of State location with the required |
| 17 | | documents. Documents proving residence address shall include |
| 18 | | any official document of the Department of Human Services |
| 19 | | showing the person's address after release and a Secretary of |
| 20 | | State prescribed verification form, which may be executed by |
| 21 | | personnel of the Department of Human Services. |
| 22 | | (b) The Secretary of State shall issue a special Illinois |
| 23 | | Identification Card, which shall be known as an Illinois |
| 24 | | Person with a Disability Identification Card, to any natural |
| 25 | | person who is a resident of the State of Illinois, who is a |
| 26 | | person with a disability as defined in Section 4A of this Act, |
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| 1 | | who applies for such card, or renewal thereof. No Illinois |
| 2 | | Person with a Disability Identification Card shall be issued |
| 3 | | to any person who holds a valid foreign state identification |
| 4 | | card, license, or permit unless the person first surrenders to |
| 5 | | the Secretary of State the valid foreign state identification |
| 6 | | card, license, or permit. The Secretary of State shall charge |
| 7 | | no fee to issue such card. The card shall be prepared and |
| 8 | | supplied by the Secretary of State, and shall include a |
| 9 | | photograph and signature or mark of the applicant, a |
| 10 | | designation indicating that the card is an Illinois Person |
| 11 | | with a Disability Identification Card, and shall include a |
| 12 | | comprehensible designation of the type and classification of |
| 13 | | the applicant's disability as set out in Section 4A of this |
| 14 | | Act. However, the Secretary of State may provide by rule for |
| 15 | | the issuance of Illinois Person with a Disability |
| 16 | | Identification Cards without photographs if the applicant has |
| 17 | | a bona fide religious objection to being photographed or to |
| 18 | | the display of his or her photograph. If the applicant so |
| 19 | | requests, the card shall include a description of the |
| 20 | | applicant's disability and any information about the |
| 21 | | applicant's disability or medical history which the Secretary |
| 22 | | determines would be helpful to the applicant in securing |
| 23 | | emergency medical care. If a mark is used in lieu of a |
| 24 | | signature, such mark shall be affixed to the card in the |
| 25 | | presence of two witnesses who attest to the authenticity of |
| 26 | | the mark. The Illinois Person with a Disability Identification |
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| 1 | | Card may be used for identification purposes in any lawful |
| 2 | | situation by the person to whom it was issued. |
| 3 | | The Illinois Person with a Disability Identification Card |
| 4 | | may be used as adequate documentation of disability in lieu of |
| 5 | | a physician's determination of disability, a determination of |
| 6 | | disability from a physician assistant, a determination of |
| 7 | | disability from an advanced practice registered nurse, or any |
| 8 | | other documentation of disability whenever any State law |
| 9 | | requires that a person with a disability provide such |
| 10 | | documentation of disability, however an Illinois Person with a |
| 11 | | Disability Identification Card shall not qualify the |
| 12 | | cardholder to participate in any program or to receive any |
| 13 | | benefit which is not available to all persons with like |
| 14 | | disabilities. Notwithstanding any other provisions of law, an |
| 15 | | Illinois Person with a Disability Identification Card, or |
| 16 | | evidence that the Secretary of State has issued an Illinois |
| 17 | | Person with a Disability Identification Card, shall not be |
| 18 | | used by any person other than the person named on such card to |
| 19 | | prove that the person named on such card is a person with a |
| 20 | | disability or for any other purpose unless the card is used for |
| 21 | | the benefit of the person named on such card, and the person |
| 22 | | named on such card consents to such use at the time the card is |
| 23 | | so used. |
| 24 | | An optometrist's determination of a visual disability |
| 25 | | under Section 4A of this Act is acceptable as documentation |
| 26 | | for the purpose of issuing an Illinois Person with a |
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| 1 | | Disability Identification Card. |
| 2 | | When medical information is contained on an Illinois |
| 3 | | Person with a Disability Identification Card, the Office of |
| 4 | | the Secretary of State shall not be liable for any actions |
| 5 | | taken based upon that medical information. |
| 6 | | (c) The Secretary of State shall provide that each |
| 7 | | original or renewal Illinois Identification Card or Illinois |
| 8 | | Person with a Disability Identification Card issued to a |
| 9 | | person under the age of 21 shall be of a distinct nature from |
| 10 | | those Illinois Identification Cards or Illinois Person with a |
| 11 | | Disability Identification Cards issued to individuals 21 years |
| 12 | | of age or older. The color designated for Illinois |
| 13 | | Identification Cards or Illinois Person with a Disability |
| 14 | | Identification Cards for persons under the age of 21 shall be |
| 15 | | at the discretion of the Secretary of State. |
| 16 | | (c-1) Each original or renewal Illinois Identification |
| 17 | | Card or Illinois Person with a Disability Identification Card |
| 18 | | issued to a person under the age of 21 shall display the date |
| 19 | | upon which the person becomes 18 years of age and the date upon |
| 20 | | which the person becomes 21 years of age. |
| 21 | | (c-3) The General Assembly recognizes the need to identify |
| 22 | | military veterans living in this State for the purpose of |
| 23 | | ensuring that they receive all of the services and benefits to |
| 24 | | which they are legally entitled, including healthcare, |
| 25 | | education assistance, and job placement. To assist the State |
| 26 | | in identifying these veterans and delivering these vital |
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| 1 | | services and benefits, the Secretary of State is authorized to |
| 2 | | issue Illinois Identification Cards and Illinois Person with a |
| 3 | | Disability Identification Cards with the word "veteran" |
| 4 | | appearing on the face of the cards. This authorization is |
| 5 | | predicated on the unique status of veterans. The Secretary may |
| 6 | | not issue any other identification card which identifies an |
| 7 | | occupation, status, affiliation, hobby, or other unique |
| 8 | | characteristics of the identification card holder which is |
| 9 | | unrelated to the purpose of the identification card. |
| 10 | | (c-5) Beginning on or before July 1, 2015, the Secretary |
| 11 | | of State shall designate a space on each original or renewal |
| 12 | | identification card where, at the request of the applicant, |
| 13 | | the word "veteran" shall be placed. The veteran designation |
| 14 | | shall be available to a person identified as a veteran under |
| 15 | | subsection (b) of Section 5 of this Act who was discharged or |
| 16 | | separated under honorable conditions. |
| 17 | | (d) The Secretary of State may issue a Senior Citizen |
| 18 | | discount card, to any natural person who is a resident of the |
| 19 | | State of Illinois who is 60 years of age or older and who |
| 20 | | applies for such a card or renewal thereof. The Secretary of |
| 21 | | State shall charge no fee to issue such card. The card shall be |
| 22 | | issued in every county and applications shall be made |
| 23 | | available at, but not limited to, nutrition sites, senior |
| 24 | | citizen centers and Area Agencies on Aging. The applicant, |
| 25 | | upon receipt of such card and prior to its use for any purpose, |
| 26 | | shall have affixed thereon in the space provided therefor his |
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| 1 | | signature or mark. |
| 2 | | (e) The Secretary of State, in his or her discretion, may |
| 3 | | designate on each Illinois Identification Card or Illinois |
| 4 | | Person with a Disability Identification Card a space where the |
| 5 | | card holder may place a sticker or decal, issued by the |
| 6 | | Secretary of State, of uniform size as the Secretary may |
| 7 | | specify, that shall indicate in appropriate language that the |
| 8 | | card holder has renewed his or her Illinois Identification |
| 9 | | Card or Illinois Person with a Disability Identification Card. |
| 10 | | (Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) |
| 11 | | (Text of Section after amendment by P.A. 103-210) |
| 12 | | Sec. 4. Identification card. |
| 13 | | (a) The Secretary of State shall issue a standard Illinois |
| 14 | | Identification Card to any natural person who is a resident of |
| 15 | | the State of Illinois who applies for such card, or renewal |
| 16 | | thereof. No identification card shall be issued to any person |
| 17 | | who holds a valid foreign state identification card, license, |
| 18 | | or permit unless the person first surrenders to the Secretary |
| 19 | | of State the valid foreign state identification card, license, |
| 20 | | or permit. The card shall be prepared and supplied by the |
| 21 | | Secretary of State and shall include a photograph and |
| 22 | | signature or mark of the applicant. However, the Secretary of |
| 23 | | State may provide by rule for the issuance of Illinois |
| 24 | | Identification Cards without photographs if the applicant has |
| 25 | | a bona fide religious objection to being photographed or to |
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| 1 | | the display of his or her photograph. The Illinois |
| 2 | | Identification Card may be used for identification purposes in |
| 3 | | any lawful situation only by the person to whom it was issued. |
| 4 | | As used in this Act, "photograph" means any color photograph |
| 5 | | or digitally produced and captured image of an applicant for |
| 6 | | an identification card. As used in this Act, "signature" means |
| 7 | | the name of a person as written by that person and captured in |
| 8 | | a manner acceptable to the Secretary of State. |
| 9 | | (a-5) If an applicant for an identification card has a |
| 10 | | current driver's license or instruction permit issued by the |
| 11 | | Secretary of State, the Secretary may require the applicant to |
| 12 | | utilize the same residence address and name on the |
| 13 | | identification card, driver's license, and instruction permit |
| 14 | | records maintained by the Secretary. The Secretary may |
| 15 | | promulgate rules to implement this provision. |
| 16 | | (a-10) If the applicant is a judicial officer as defined |
| 17 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, |
| 18 | | the applicant may elect to have his or her office or work |
| 19 | | address listed on the card instead of the applicant's |
| 20 | | residence or mailing address. The Secretary may promulgate |
| 21 | | rules to implement this provision. For the purposes of this |
| 22 | | subsection (a-10), "peace officer" means any person who by |
| 23 | | virtue of his or her office or public employment is vested by |
| 24 | | law with a duty to maintain public order or to make arrests for |
| 25 | | a violation of any penal statute of this State, whether that |
| 26 | | duty extends to all violations or is limited to specific |
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| 1 | | violations. |
| 2 | | (a-15) The Secretary of State may provide for an expedited |
| 3 | | process for the issuance of an Illinois Identification Card. |
| 4 | | The Secretary shall charge an additional fee for the expedited |
| 5 | | issuance of an Illinois Identification Card, to be set by |
| 6 | | rule, not to exceed $75. All fees collected by the Secretary |
| 7 | | for expedited Illinois Identification Card service shall be |
| 8 | | deposited into the Secretary of State Special Services Fund. |
| 9 | | The Secretary may adopt rules regarding the eligibility, |
| 10 | | process, and fee for an expedited Illinois Identification |
| 11 | | Card. If the Secretary of State determines that the volume of |
| 12 | | expedited identification card requests received on a given day |
| 13 | | exceeds the ability of the Secretary to process those requests |
| 14 | | in an expedited manner, the Secretary may decline to provide |
| 15 | | expedited services, and the additional fee for the expedited |
| 16 | | service shall be refunded to the applicant. |
| 17 | | (a-20) The Secretary of State shall issue a standard |
| 18 | | Illinois Identification Card to a person committed to the |
| 19 | | Department of Corrections, or Department of Juvenile Justice, |
| 20 | | or a county jail or county department of corrections as |
| 21 | | follows: upon receipt of the person's birth certificate, |
| 22 | | social security card, photograph, proof of residency upon |
| 23 | | discharge, and an identification card application transferred |
| 24 | | via a secure method as agreed upon by the Secretary and the |
| 25 | | Department of Corrections or Department of Juvenile Justice, |
| 26 | | if the person has a social security number,. Illinois |
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| 1 | | residency shall be established by submission of a Secretary of |
| 2 | | State prescribed Identification Card verification form |
| 3 | | completed by the respective Department. |
| 4 | | (1) A committed person who has previously held an |
| 5 | | Illinois Identification Card or an Illinois driver's |
| 6 | | license shall submit an Identification Card verification |
| 7 | | form to the Secretary of State, including a photograph |
| 8 | | taken by the correctional facility, proof of residency |
| 9 | | upon discharge, and a social security number, if the |
| 10 | | committed person has a social security number. If the |
| 11 | | committed person does not have a social security number |
| 12 | | and is eligible for a social security number, the |
| 13 | | Secretary of State shall not issue a standard Illinois |
| 14 | | Identification Card until the committed person obtains a |
| 15 | | social security number. If the committed person's |
| 16 | | photograph and demographic information matches an existing |
| 17 | | Illinois Identification Card or Illinois driver's license |
| 18 | | and the Secretary of State verifies the applicant's social |
| 19 | | security number with the Social Security Administration, |
| 20 | | the Secretary of State shall issue the committed person a |
| 21 | | standard Illinois Identification Card. If the photograph |
| 22 | | or demographic information matches an existing Illinois |
| 23 | | Identification Card or Illinois driver's license in |
| 24 | | another person's name or identity, a standard Illinois |
| 25 | | Identification Card shall not be issued until the |
| 26 | | committed person submits a certified birth certificate and |
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| 1 | | social security card to the Secretary of State and the |
| 2 | | Secretary of State verifies the identity of the committed |
| 3 | | person. If the Secretary of State cannot find a match to an |
| 4 | | existing Illinois Identification Card or Illinois driver's |
| 5 | | license, the committed person may apply for a standard |
| 6 | | Illinois Identification card as described in paragraph |
| 7 | | (2). |
| 8 | | (2) A committed person who has not previously held an |
| 9 | | Illinois Identification Card or Illinois driver's license |
| 10 | | or for whom a match cannot be found as described in |
| 11 | | paragraph (1) shall submit an Illinois Identification Card |
| 12 | | verification form, including a photograph taken by the |
| 13 | | correctional facility, a certified birth certificate, |
| 14 | | proof of residency upon discharge, and a social security |
| 15 | | number, if the committed has a social security number. If |
| 16 | | the committed person does not have a social security |
| 17 | | number and is eligible for a social security number, the |
| 18 | | Secretary of State shall not issue a standard Illinois |
| 19 | | Identification Card until the committed person obtains a |
| 20 | | social security number. If the Secretary of State verifies |
| 21 | | the applicant's social security number with the Social |
| 22 | | Security Administration, the Secretary of State shall |
| 23 | | issue the committed person a standard Illinois |
| 24 | | Identification Card. |
| 25 | | The Illinois Identification Card verification form |
| 26 | | described in this subsection shall be prescribed by the |
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| 1 | | Secretary State. The Secretary of State and correctional |
| 2 | | facilities in this State shall establish a secure method to |
| 3 | | transfer the form. |
| 4 | | (a-25) The Secretary of State shall issue a limited-term |
| 5 | | Illinois Identification Card valid for 90 days to a committed |
| 6 | | person upon release on parole, mandatory supervised release, |
| 7 | | aftercare release, final discharge, or pardon from the |
| 8 | | Department of Corrections, or Department of Juvenile Justice, |
| 9 | | or a county jail or county department of corrections, if the |
| 10 | | released person does not obtain a standard Illinois |
| 11 | | Identification Card as described in subsection (a-20) prior to |
| 12 | | release is unable to present a certified copy of his or her |
| 13 | | birth certificate and social security card, if the person has |
| 14 | | a social security number, or other documents authorized by the |
| 15 | | Secretary, but does present a Secretary of State prescribed |
| 16 | | Identification Card verification form completed by the |
| 17 | | correctional facility Department of Corrections or Department |
| 18 | | of Juvenile Justice, verifying the released person's date of |
| 19 | | birth, social security number, if the person has a social |
| 20 | | security number, and his or her Illinois residence address. |
| 21 | | The verification form must have been completed no more than 30 |
| 22 | | days prior to the date of application for the Illinois |
| 23 | | Identification Card. |
| 24 | | Prior to the expiration of the 90-day period of the |
| 25 | | limited-term Illinois Identification Card, if the released |
| 26 | | person submits to the Secretary of State a certified copy of |
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| 1 | | his or her birth certificate and his or her social security |
| 2 | | card, if the person has a social security number, or other |
| 3 | | documents authorized by the Secretary, a standard Illinois |
| 4 | | Identification Card shall be issued. A limited-term Illinois |
| 5 | | Identification Card may not be renewed. |
| 6 | | This subsection shall not apply to a released person who |
| 7 | | was unable to obtain a standard Illinois Identification Card |
| 8 | | because his or her photograph or demographic information |
| 9 | | matched an existing Illinois Identification Card or Illinois |
| 10 | | driver's license in another person's name or identity or to a |
| 11 | | released person who does not have a social security number and |
| 12 | | is eligible for a social security number. |
| 13 | | (a-30) The Secretary of State shall issue a standard |
| 14 | | Illinois Identification Card to a person upon conditional |
| 15 | | release or absolute discharge from the custody of the |
| 16 | | Department of Human Services, if the person presents a |
| 17 | | certified copy of his or her birth certificate, social |
| 18 | | security card, if the person has a social security number, or |
| 19 | | other documents authorized by the Secretary, and a document |
| 20 | | proving his or her Illinois residence address. The Secretary |
| 21 | | of State shall issue a standard Illinois Identification Card |
| 22 | | to a person prior to his or her conditional release or absolute |
| 23 | | discharge if personnel from the Department of Human Services |
| 24 | | bring the person to a Secretary of State location with the |
| 25 | | required documents. Documents proving residence address may |
| 26 | | include any official document of the Department of Human |
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| 1 | | Services showing the person's address after release and a |
| 2 | | Secretary of State prescribed verification form, which may be |
| 3 | | executed by personnel of the Department of Human Services. |
| 4 | | (a-35) The Secretary of State shall issue a limited-term |
| 5 | | Illinois Identification Card valid for 90 days to a person |
| 6 | | upon conditional release or absolute discharge from the |
| 7 | | custody of the Department of Human Services, if the person is |
| 8 | | unable to present a certified copy of his or her birth |
| 9 | | certificate and social security card, if the person has a |
| 10 | | social security number, or other documents authorized by the |
| 11 | | Secretary, but does present a Secretary of State prescribed |
| 12 | | verification form completed by the Department of Human |
| 13 | | Services, verifying the person's date of birth and social |
| 14 | | security number, if the person has a social security number, |
| 15 | | and a document proving his or her Illinois residence address. |
| 16 | | The verification form must have been completed no more than 30 |
| 17 | | days prior to the date of application for the Illinois |
| 18 | | Identification Card. The Secretary of State shall issue a |
| 19 | | limited-term Illinois Identification Card to a person no |
| 20 | | sooner than 14 days prior to his or her conditional release or |
| 21 | | absolute discharge if personnel from the Department of Human |
| 22 | | Services bring the person to a Secretary of State location |
| 23 | | with the required documents. Documents proving residence |
| 24 | | address shall include any official document of the Department |
| 25 | | of Human Services showing the person's address after release |
| 26 | | and a Secretary of State prescribed verification form, which |
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| 1 | | may be executed by personnel of the Department of Human |
| 2 | | Services. |
| 3 | | (b) The Secretary of State shall issue a special Illinois |
| 4 | | Identification Card, which shall be known as an Illinois |
| 5 | | Person with a Disability Identification Card, to any natural |
| 6 | | person who is a resident of the State of Illinois, who is a |
| 7 | | person with a disability as defined in Section 4A of this Act, |
| 8 | | who applies for such card, or renewal thereof. No Illinois |
| 9 | | Person with a Disability Identification Card shall be issued |
| 10 | | to any person who holds a valid foreign state identification |
| 11 | | card, license, or permit unless the person first surrenders to |
| 12 | | the Secretary of State the valid foreign state identification |
| 13 | | card, license, or permit. The Secretary of State shall charge |
| 14 | | no fee to issue such card. The card shall be prepared and |
| 15 | | supplied by the Secretary of State, and shall include a |
| 16 | | photograph and signature or mark of the applicant, a |
| 17 | | designation indicating that the card is an Illinois Person |
| 18 | | with a Disability Identification Card, and shall include a |
| 19 | | comprehensible designation of the type and classification of |
| 20 | | the applicant's disability as set out in Section 4A of this |
| 21 | | Act. However, the Secretary of State may provide by rule for |
| 22 | | the issuance of Illinois Person with a Disability |
| 23 | | Identification Cards without photographs if the applicant has |
| 24 | | a bona fide religious objection to being photographed or to |
| 25 | | the display of his or her photograph. If the applicant so |
| 26 | | requests, the card shall include a description of the |
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| 1 | | applicant's disability and any information about the |
| 2 | | applicant's disability or medical history which the Secretary |
| 3 | | determines would be helpful to the applicant in securing |
| 4 | | emergency medical care. If a mark is used in lieu of a |
| 5 | | signature, such mark shall be affixed to the card in the |
| 6 | | presence of two witnesses who attest to the authenticity of |
| 7 | | the mark. The Illinois Person with a Disability Identification |
| 8 | | Card may be used for identification purposes in any lawful |
| 9 | | situation by the person to whom it was issued. |
| 10 | | The Illinois Person with a Disability Identification Card |
| 11 | | may be used as adequate documentation of disability in lieu of |
| 12 | | a physician's determination of disability, a determination of |
| 13 | | disability from a physician assistant, a determination of |
| 14 | | disability from an advanced practice registered nurse, or any |
| 15 | | other documentation of disability whenever any State law |
| 16 | | requires that a person with a disability provide such |
| 17 | | documentation of disability, however an Illinois Person with a |
| 18 | | Disability Identification Card shall not qualify the |
| 19 | | cardholder to participate in any program or to receive any |
| 20 | | benefit which is not available to all persons with like |
| 21 | | disabilities. Notwithstanding any other provisions of law, an |
| 22 | | Illinois Person with a Disability Identification Card, or |
| 23 | | evidence that the Secretary of State has issued an Illinois |
| 24 | | Person with a Disability Identification Card, shall not be |
| 25 | | used by any person other than the person named on such card to |
| 26 | | prove that the person named on such card is a person with a |
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| 1 | | disability or for any other purpose unless the card is used for |
| 2 | | the benefit of the person named on such card, and the person |
| 3 | | named on such card consents to such use at the time the card is |
| 4 | | so used. |
| 5 | | An optometrist's determination of a visual disability |
| 6 | | under Section 4A of this Act is acceptable as documentation |
| 7 | | for the purpose of issuing an Illinois Person with a |
| 8 | | Disability Identification Card. |
| 9 | | When medical information is contained on an Illinois |
| 10 | | Person with a Disability Identification Card, the Office of |
| 11 | | the Secretary of State shall not be liable for any actions |
| 12 | | taken based upon that medical information. |
| 13 | | (c) The Secretary of State shall provide that each |
| 14 | | original or renewal Illinois Identification Card or Illinois |
| 15 | | Person with a Disability Identification Card issued to a |
| 16 | | person under the age of 21 shall be of a distinct nature from |
| 17 | | those Illinois Identification Cards or Illinois Person with a |
| 18 | | Disability Identification Cards issued to individuals 21 years |
| 19 | | of age or older. The color designated for Illinois |
| 20 | | Identification Cards or Illinois Person with a Disability |
| 21 | | Identification Cards for persons under the age of 21 shall be |
| 22 | | at the discretion of the Secretary of State. |
| 23 | | (c-1) Each original or renewal Illinois Identification |
| 24 | | Card or Illinois Person with a Disability Identification Card |
| 25 | | issued to a person under the age of 21 shall display the date |
| 26 | | upon which the person becomes 18 years of age and the date upon |
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| 1 | | which the person becomes 21 years of age. |
| 2 | | (c-3) The General Assembly recognizes the need to identify |
| 3 | | military veterans living in this State for the purpose of |
| 4 | | ensuring that they receive all of the services and benefits to |
| 5 | | which they are legally entitled, including healthcare, |
| 6 | | education assistance, and job placement. To assist the State |
| 7 | | in identifying these veterans and delivering these vital |
| 8 | | services and benefits, the Secretary of State is authorized to |
| 9 | | issue Illinois Identification Cards and Illinois Person with a |
| 10 | | Disability Identification Cards with the word "veteran" |
| 11 | | appearing on the face of the cards. This authorization is |
| 12 | | predicated on the unique status of veterans. The Secretary may |
| 13 | | not issue any other identification card which identifies an |
| 14 | | occupation, status, affiliation, hobby, or other unique |
| 15 | | characteristics of the identification card holder which is |
| 16 | | unrelated to the purpose of the identification card. |
| 17 | | (c-5) Beginning on or before July 1, 2015, the Secretary |
| 18 | | of State shall designate a space on each original or renewal |
| 19 | | identification card where, at the request of the applicant, |
| 20 | | the word "veteran" shall be placed. The veteran designation |
| 21 | | shall be available to a person identified as a veteran under |
| 22 | | subsection (b) of Section 5 of this Act who was discharged or |
| 23 | | separated under honorable conditions. |
| 24 | | (d) The Secretary of State may issue a Senior Citizen |
| 25 | | discount card, to any natural person who is a resident of the |
| 26 | | State of Illinois who is 60 years of age or older and who |
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| 1 | | applies for such a card or renewal thereof. The Secretary of |
| 2 | | State shall charge no fee to issue such card. The card shall be |
| 3 | | issued in every county and applications shall be made |
| 4 | | available at, but not limited to, nutrition sites, senior |
| 5 | | citizen centers and Area Agencies on Aging. The applicant, |
| 6 | | upon receipt of such card and prior to its use for any purpose, |
| 7 | | shall have affixed thereon in the space provided therefor his |
| 8 | | signature or mark. |
| 9 | | (e) The Secretary of State, in his or her discretion, may |
| 10 | | designate on each Illinois Identification Card or Illinois |
| 11 | | Person with a Disability Identification Card a space where the |
| 12 | | card holder 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 | | card holder has renewed his or her Illinois Identification |
| 16 | | Card or Illinois Person with a Disability Identification Card. |
| 17 | | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; |
| 18 | | 103-345, eff. 1-1-24; revised 12-12-23.) |
| 19 | | (15 ILCS 335/12) (from Ch. 124, par. 32) |
| 20 | | Sec. 12. Fees concerning standard Illinois Identification |
| 21 | | Cards. The fees required under this Act for standard Illinois |
| 22 | | Identification Cards must accompany any application provided |
| 23 | | for in this Act, and the Secretary shall collect such fees as |
| 24 | | follows: |
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| 25 | | a. Original card................................ | $20 | |
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| 1 | | from the Department of Human Services....... | No Fee |
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| 2 | | All fees collected under this Act shall be paid into the |
| 3 | | Road Fund of the State treasury, except that the following |
| 4 | | amounts shall be paid into the General Revenue Fund: (i) 80% of |
| 5 | | the fee for an original, renewal, or duplicate Illinois |
| 6 | | Identification Card issued on or after January 1, 2005; and |
| 7 | | (ii) 80% of the fee for a corrected Illinois Identification |
| 8 | | Card issued on or after January 1, 2005. |
| 9 | | An individual, who resides in a veterans home or veterans |
| 10 | | hospital operated by the State or federal government, who |
| 11 | | makes an application for an Illinois Identification Card to be |
| 12 | | issued at no fee, must submit, along with the application, an |
| 13 | | affirmation by the applicant on a form provided by the |
| 14 | | Secretary of State, that such person resides in a veterans |
| 15 | | home or veterans hospital operated by the State or federal |
| 16 | | government. |
| 17 | | The application of a homeless individual for an Illinois |
| 18 | | Identification Card to be issued at no fee must be accompanied |
| 19 | | by an affirmation by a qualified person, as defined in Section |
| 20 | | 4C of this Act, on a form provided by the Secretary of State, |
| 21 | | that the applicant is currently homeless as defined in Section |
| 22 | | 1A of this Act. |
| 23 | | For the application for the first Illinois Identification |
| 24 | | Card of a youth for whom the Department of Children and Family |
| 25 | | Services is legally responsible or a foster child to be issued |
| 26 | | at no fee, the youth must submit, along with the application, |
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| 1 | | an affirmation by his or her court appointed attorney or an |
| 2 | | employee of the Department of Children and Family Services on |
| 3 | | a form provided by the Secretary of State, that the person is a |
| 4 | | youth for whom the Department of Children and Family Services |
| 5 | | is legally responsible or a foster child. |
| 6 | | The fee for any duplicate identification card shall be |
| 7 | | waived for any person who presents the Secretary of State's |
| 8 | | Office with a police report showing that his or her |
| 9 | | identification card was stolen. |
| 10 | | The fee for any duplicate identification card shall be |
| 11 | | waived for any person age 60 or older whose identification |
| 12 | | card has been lost or stolen. |
| 13 | | As used in this Section, "active-duty member of the United |
| 14 | | States Armed Forces" means a member of the Armed Services or |
| 15 | | Reserve Forces of the United States or a member of the Illinois |
| 16 | | National Guard who is called to active duty pursuant to an |
| 17 | | executive order of the President of the United States, an act |
| 18 | | of the Congress of the United States, or an order of the |
| 19 | | Governor. |
| 20 | | (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19; |
| 21 | | 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff. |
| 22 | | 1-1-20.) |
| 23 | | Section 95. No acceleration or delay. Where this Act makes |
| 24 | | changes in a statute that is represented in this Act by text |
| 25 | | that is not yet or no longer in effect (for example, a Section |