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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Consular Identification Document Act is | ||||||
5 | amended by changing Section 10 as follows: | ||||||
6 | (5 ILCS 230/10) | ||||||
7 | Sec. 10. Acceptance of consular identification document. | ||||||
8 | (a) When requiring members of the public to provide | ||||||
9 | identification, each State agency and officer and unit of | ||||||
10 | local government shall accept a consular identification | ||||||
11 | document as valid identification of a person. | ||||||
12 | (b) A consular identification document shall be accepted | ||||||
13 | for purposes of identification only
and does not convey an | ||||||
14 | independent right to receive benefits of any type. | ||||||
15 | (c) A consular identification document may not be accepted | ||||||
16 | as identification for obtaining a REAL ID
compliant driver's | ||||||
17 | license , as defined by Section 6-100 of the Vehicle Code , | ||||||
18 | other than a temporary visitor's driver's license, or | ||||||
19 | registering to vote. | ||||||
20 | (d) A consular identification document does not establish | ||||||
21 | or indicate lawful U.S. immigration status and may not be | ||||||
22 | viewed as valid for that purpose, nor does a consular | ||||||
23 | identification document establish a foreign national's right |
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1 | to be in the United States or remain in the United States.
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2 | (e) The requirements of subsection (a) do not apply if: | ||||||
3 | (1) a federal law, regulation, or directive or a | ||||||
4 | federal court decision requires a State agency or officer | ||||||
5 | or a unit of local government to obtain different | ||||||
6 | identification; | ||||||
7 | (2) a federal law, regulation, or directive preempts | ||||||
8 | state regulation of identification requirements; or | ||||||
9 | (3) a State agency or officer or a unit of local | ||||||
10 | government would be unable to comply with a condition | ||||||
11 | imposed by a funding source which would cause the State | ||||||
12 | agency or officer or unit of local government to lose | ||||||
13 | funds from that source.
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14 | (f) Nothing in subsection (a) shall be construed to | ||||||
15 | prohibit a State agency or officer or a unit of local | ||||||
16 | government from: | ||||||
17 | (1) requiring additional information from persons in | ||||||
18 | order to verify a current address or other facts that | ||||||
19 | would enable the State agency or officer or unit of local | ||||||
20 | government to fulfill its responsibilities, except that | ||||||
21 | this paragraph (1) does not permit a State agency or | ||||||
22 | officer or a unit of local government to require | ||||||
23 | additional information solely in order to establish | ||||||
24 | identification of the person when the consular | ||||||
25 | identification document is the form of identification | ||||||
26 | presented; |
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1 | (2) requiring fingerprints for identification purposes | ||||||
2 | under circumstances where the State agency or officer or | ||||||
3 | unit of local government also requires fingerprints from | ||||||
4 | persons who have a driver's license or Illinois | ||||||
5 | Identification Card; or | ||||||
6 | (3) requiring additional evidence of identification if
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7 | the State agency or officer or unit of local government | ||||||
8 | reasonably believes that: (A) the consular identification | ||||||
9 | document is forged, fraudulent,
or altered; or (B) the | ||||||
10 | holder
does not appear to be the same person on the | ||||||
11 | consular identification document.
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12 | (Source: P.A. 97-1157, eff. 11-28-13 .) | ||||||
13 | Section 10. The Election Code is amended by changing | ||||||
14 | Section 1A-16.1 as follows: | ||||||
15 | (10 ILCS 5/1A-16.1) | ||||||
16 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
17 | State. | ||||||
18 | (a) The Office of the Secretary of State and the State | ||||||
19 | Board of Elections, pursuant to an interagency contract and | ||||||
20 | jointly-adopted rules, shall establish an automatic voter | ||||||
21 | registration program that satisfies the requirements of this | ||||||
22 | Section and other applicable law. | ||||||
23 | (b) If an application, an application for renewal, a | ||||||
24 | change of address form, or a recertification form for a |
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1 | driver's license , other than a temporary visitor's driver's | ||||||
2 | license, or a State identification card issued by the Office | ||||||
3 | of the Secretary of State meets the requirements of the | ||||||
4 | federal REAL ID Act of 2005, then that application shall serve | ||||||
5 | as a dual-purpose application. The dual-purpose application | ||||||
6 | shall: | ||||||
7 | (1) also serve as an application to register to vote | ||||||
8 | in Illinois; | ||||||
9 | (2) allow an applicant to change his or her registered | ||||||
10 | residence address or name as it appears on the voter | ||||||
11 | registration rolls; | ||||||
12 | (3) provide the applicant with an opportunity to | ||||||
13 | affirmatively decline to register to vote or to change his | ||||||
14 | or her registered residence address or name by providing a | ||||||
15 | check box on the application form without requiring the | ||||||
16 | applicant to state the reason; and | ||||||
17 | (4) unless the applicant declines to register to vote | ||||||
18 | or change his or her registered residence address or name, | ||||||
19 | require the applicant to attest, by signature under | ||||||
20 | penalty of perjury as described in subsection (e) of this | ||||||
21 | Section, to meeting the qualifications to register to vote | ||||||
22 | in Illinois at his or her residence address as indicated | ||||||
23 | on his or her driver's license or identification card | ||||||
24 | dual-purpose application. | ||||||
25 | (b-5) If an application, an application for renewal, a | ||||||
26 | change of address form, or a recertification form for a |
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1 | driver's license , other than a temporary visitor's driver's | ||||||
2 | license, or a State identification card issued by the Office | ||||||
3 | of the Secretary of State , other than an application or form | ||||||
4 | that pertains to a standard driver's
license or identification | ||||||
5 | card and does not list a social security number for the | ||||||
6 | applicant, does not meet the requirements of the federal REAL | ||||||
7 | ID Act of 2005, then that application shall serve as a | ||||||
8 | dual-purpose application. The dual-purpose application shall: | ||||||
9 | (1) also serve as an application to register to vote | ||||||
10 | in Illinois; | ||||||
11 | (2) allow an applicant to change his or her registered | ||||||
12 | residence address or name as it appears on the voter | ||||||
13 | registration rolls; and | ||||||
14 | (3) if the applicant chooses to register to vote or to | ||||||
15 | change his or her registered residence address or name, | ||||||
16 | then require the applicant to attest, by a separate | ||||||
17 | signature under penalty of perjury, to meeting the | ||||||
18 | qualifications to register to vote in Illinois at his or | ||||||
19 | her residence address as indicated on his or her | ||||||
20 | dual-purpose application. | ||||||
21 | (b-10) The Office of the Secretary of State shall clearly | ||||||
22 | and conspicuously inform each applicant in writing: (i) of the | ||||||
23 | qualifications to register to vote in Illinois, (ii) of the | ||||||
24 | penalties provided by law for submission of a false voter | ||||||
25 | registration application, (iii) that, unless the applicant | ||||||
26 | declines to register to vote or update his or her voter |
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1 | registration, his or her dual-purpose application shall also | ||||||
2 | serve as both an application to register to vote and his or her | ||||||
3 | attestation that he or she meets the eligibility requirements | ||||||
4 | for voter registration, and that his or her application to | ||||||
5 | register to vote or update his or her registration will be | ||||||
6 | transmitted to the State Board of Elections for the purpose of | ||||||
7 | registering the person to vote at the residence address to be | ||||||
8 | indicated on his or her driver's license or identification | ||||||
9 | card, and (iv) that declining to register to vote is | ||||||
10 | confidential and will not affect any services the person may | ||||||
11 | be seeking from the Office of the Secretary of State. | ||||||
12 | (c) The Office of the Secretary of State shall review | ||||||
13 | information provided to the Office of the Secretary of State | ||||||
14 | by the State Board of Elections to inform each applicant for a | ||||||
15 | driver's license or permit , other than a temporary visitor's | ||||||
16 | driver's license, or a State identification card issued by the | ||||||
17 | Office of the Secretary of State , other than an application or | ||||||
18 | form that pertains to a standard driver's license or | ||||||
19 | identification card
and does not list a social security number | ||||||
20 | for the applicant, whether the applicant is currently | ||||||
21 | registered to vote in Illinois and, if registered, at what | ||||||
22 | address. | ||||||
23 | (d) The Office of the Secretary of State shall not require | ||||||
24 | an applicant for a driver's license or State identification | ||||||
25 | card to provide duplicate identification or information in | ||||||
26 | order to complete an application to register to vote or change |
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1 | his or her registered residence address or name. Before | ||||||
2 | transmitting any personal information about an applicant to | ||||||
3 | the State Board of Elections, the Office of the Secretary of | ||||||
4 | State shall review its records of the identification documents | ||||||
5 | the applicant provided in order to complete the application | ||||||
6 | for a driver's license or State identification card, to | ||||||
7 | confirm that nothing in those documents indicates that the | ||||||
8 | applicant does not satisfy the qualifications to register to | ||||||
9 | vote in Illinois at his or her residence address. | ||||||
10 | (e) A completed, signed application for (i) a driver's | ||||||
11 | license or permit , other than a temporary visitor's driver's | ||||||
12 | license, or a State identification card issued by the Office | ||||||
13 | of the Secretary of State, that meets the requirements of the | ||||||
14 | federal REAL ID Act of 2005; or (ii) a completed application | ||||||
15 | under subsection (b-5) of this Section with a separate | ||||||
16 | signature attesting the applicant meets the qualifications to | ||||||
17 | register to vote in Illinois at his or her residence address as | ||||||
18 | indicated on his or her application shall constitute a signed | ||||||
19 | application to register to vote in Illinois at the residence | ||||||
20 | address indicated in the application unless the person | ||||||
21 | affirmatively declined in the application to register to vote | ||||||
22 | or to change his or her registered residence address or name. | ||||||
23 | If the identification documents provided to complete the | ||||||
24 | dual-purpose application indicate that he or she does not | ||||||
25 | satisfy the qualifications to register to vote in Illinois at | ||||||
26 | his or her residence address, the application shall be marked |
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1 | as incomplete. | ||||||
2 | (f) For each completed and signed application that | ||||||
3 | constitutes an application to register to vote in Illinois or | ||||||
4 | provides for a change in the applicant's registered residence | ||||||
5 | address or name, the Office of the Secretary of State shall | ||||||
6 | electronically transmit to the State Board of Elections | ||||||
7 | personal information needed to complete the person's | ||||||
8 | registration to vote in Illinois at his or her residence | ||||||
9 | address. The application to register to vote shall be | ||||||
10 | processed in accordance with Section 1A-16.7. | ||||||
11 | (g) If the federal REAL ID Act of 2005 is repealed, | ||||||
12 | abrogated, superseded, or otherwise no longer in effect, then | ||||||
13 | the State Board of Elections shall establish criteria for | ||||||
14 | determining reliable personal information indicating | ||||||
15 | citizenship status and shall adopt rules as necessary for the | ||||||
16 | Secretary of State to continue processing dual-purpose | ||||||
17 | applications under this Section. | ||||||
18 | (h) As used in this Section, "dual-purpose application" | ||||||
19 | means an application, an application for renewal, a change of | ||||||
20 | address form, or a recertification form for driver's license | ||||||
21 | or permit , other than a temporary visitor's driver's license, | ||||||
22 | or a State identification card offered by the Secretary of | ||||||
23 | State , other than an application or form that pertains to a | ||||||
24 | standard driver's license or identification card
and does not | ||||||
25 | list a social security number for the applicant, that also | ||||||
26 | serves as an application to register to vote in Illinois. |
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1 | "Dual-purpose application" does not mean an application under | ||||||
2 | subsection (c) of Section 6-109 of the Illinois Vehicle Code.
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3 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
4 | Section 15. The Illinois Identification Card Act is | ||||||
5 | amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as | ||||||
6 | follows: | ||||||
7 | (15 ILCS 335/1A) | ||||||
8 | Sec. 1A. Definitions. As used in this Act: | ||||||
9 | "Highly restricted personal information" means an | ||||||
10 | individual's photograph, signature, social security number, | ||||||
11 | and medical or disability information. | ||||||
12 | "Identification card making implement" means any material, | ||||||
13 | hardware, or software that is specifically designed for or | ||||||
14 | primarily used in the manufacture, assembly, issuance, or | ||||||
15 | authentication of an official identification card issued by | ||||||
16 | the Secretary of State. | ||||||
17 | "Fraudulent identification card" means any identification | ||||||
18 | card
that purports to be an official identification card for | ||||||
19 | which a computerized
number and file have not been created by | ||||||
20 | the Secretary of State, the United
States Government or any | ||||||
21 | state or political subdivision thereof, or any
governmental or | ||||||
22 | quasi-governmental organization. For the purpose of this
Act, | ||||||
23 | any identification card that resembles an official | ||||||
24 | identification
card in either size, color, photograph |
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1 | location, or design or uses the word
"official", "state", | ||||||
2 | "Illinois", or the name of any other state or
political | ||||||
3 | subdivision thereof, or any governmental or quasi-governmental
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4 | organization individually or in any combination
thereof to | ||||||
5 | describe or modify the term "identification card" or "I.D. | ||||||
6 | card"
anywhere on the card, or uses a shape in the likeness of | ||||||
7 | Illinois
or any other state on the photograph side of
the card, | ||||||
8 | is deemed to be a fraudulent identification card unless the | ||||||
9 | words
"This is not an official Identification Card", appear | ||||||
10 | prominently upon it in
black colored lettering in 12-point | ||||||
11 | type on the photograph side of the card,
and no such card shall | ||||||
12 | be smaller in size than 3 inches by 4 inches, and the
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13 | photograph shall be on the left side of the card only. | ||||||
14 | "Legal name" means the full given name and surname of an | ||||||
15 | individual as recorded at birth, recorded at marriage, or | ||||||
16 | deemed as the correct legal name for use in reporting income by | ||||||
17 | the Social Security Administration or the name as otherwise | ||||||
18 | established through legal action that appears on the | ||||||
19 | associated official document presented to the Secretary of | ||||||
20 | State. | ||||||
21 | "Personally identifying information" means information | ||||||
22 | that identifies an individual, including his or her | ||||||
23 | identification card number, name, address (but not the 5-digit | ||||||
24 | zip code), date of birth, height, weight, hair color, eye | ||||||
25 | color, email address, and telephone number.
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26 | "Homeless person" or "homeless individual" has the same |
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1 | meaning as defined by the federal McKinney-Vento Homeless | ||||||
2 | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||||||
3 | "Youth for whom the Department of Children and Family | ||||||
4 | Services is legally responsible" or "foster child" means a | ||||||
5 | child or youth whose guardianship or custody has been accepted | ||||||
6 | by the Department of Children and Family Services pursuant to | ||||||
7 | the Juvenile Court Act of 1987, the Children and Family | ||||||
8 | Services Act, the Abused and Neglected Child Reporting Act, | ||||||
9 | and the Adoption Act. This applies to children for whom the | ||||||
10 | Department of Children and Family Services has temporary | ||||||
11 | protective custody, custody or guardianship via court order, | ||||||
12 | or children whose parents have signed an adoptive surrender or | ||||||
13 | voluntary placement agreement with the Department. | ||||||
14 | "REAL ID compliant identification card" means a standard | ||||||
15 | Illinois Identification Card or Illinois Person with a | ||||||
16 | Disability Identification Card issued in compliance with the | ||||||
17 | REAL ID Act and implementing regulations. REAL ID compliant | ||||||
18 | identification cards shall bear a security marking approved by | ||||||
19 | the United States Department of Homeland Security. | ||||||
20 | " Standard Non-compliant identification card" means a | ||||||
21 | standard Illinois Identification Card or Illinois Person with | ||||||
22 | a Disability Identification Card issued in a manner which is | ||||||
23 | not compliant with the REAL ID Act and implementing | ||||||
24 | regulations. Standard Non-compliant identification cards shall | ||||||
25 | be marked "Federal Limits Apply" "Not for Federal | ||||||
26 | Identification" and shall have a color or design different |
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1 | from the REAL ID compliant identification card. | ||||||
2 | "Limited Term REAL ID compliant identification card" means | ||||||
3 | a REAL ID compliant identification card that is issued to | ||||||
4 | persons who are not permanent residents or citizens of the | ||||||
5 | United States, or an individual
who has an approved | ||||||
6 | application for asylum in the United States or has entered the | ||||||
7 | United States in
refugee status, and is marked "Limited Term" | ||||||
8 | on the face of the card. | ||||||
9 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
10 | 101-326, eff. 8-9-19.)
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11 | (15 ILCS 335/2) (from Ch. 124, par. 22)
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12 | Sec. 2. Administration and powers and duties of the | ||||||
13 | Administrator. | ||||||
14 | (a) The Secretary of State is the Administrator of this | ||||||
15 | Act, and he is
charged with the duty of observing, | ||||||
16 | administering and enforcing the
provisions of this Act.
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17 | (b) The Secretary is vested with the powers and duties for | ||||||
18 | the
proper administration of this Act as follows:
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19 | 1. He shall organize the administration of this Act as | ||||||
20 | he may deem
necessary and appoint such subordinate | ||||||
21 | officers, clerks and other
employees as may be necessary.
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22 | 2. From time to time, he may make, amend or rescind | ||||||
23 | rules and
regulations as may be in the public interest to | ||||||
24 | implement the Act.
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25 | 3. He may prescribe or provide suitable forms as |
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1 | necessary, including
such forms as are necessary to | ||||||
2 | establish that an applicant for an Illinois
Person with a | ||||||
3 | Disability Identification Card is a "person with a | ||||||
4 | disability" as defined in
Section 4A of this Act, and | ||||||
5 | establish that an applicant for a State identification | ||||||
6 | card is a "homeless person" as defined in Section 1A of | ||||||
7 | this Act.
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8 | 4. He may prepare under the seal of the Secretary of | ||||||
9 | State certified
copies of any records utilized under this | ||||||
10 | Act and any such certified
copy shall be admissible in any | ||||||
11 | proceeding in any court in like manner
as the original | ||||||
12 | thereof.
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13 | 5. Records compiled under this Act shall be maintained | ||||||
14 | for 6 years,
but the Secretary may destroy such records | ||||||
15 | with the prior approval of
the State Records Commission.
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16 | 6. He shall examine and determine the genuineness, | ||||||
17 | regularity and
legality of every application filed with | ||||||
18 | him under this Act, and he may
in all cases investigate the | ||||||
19 | same, require additional information or
proof or | ||||||
20 | documentation from any applicant.
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21 | 7. He shall require the payment of all fees prescribed | ||||||
22 | in this Act,
and all such fees received by him shall be | ||||||
23 | placed in the Road Fund of the
State treasury except as | ||||||
24 | otherwise provided in Section 12 of this Act. Whenever any | ||||||
25 | application to the Secretary for an identification card | ||||||
26 | under this Act is accompanied by any fee, as required by |
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1 | law, and the application is denied after a review of | ||||||
2 | eligibility, which may include facial recognition | ||||||
3 | comparison, the applicant shall not be entitled to a | ||||||
4 | refund of any fees paid.
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5 | 8. Beginning July 1, 2017, he shall refuse to issue a | ||||||
6 | REAL ID compliant identification card under this Act to | ||||||
7 | any person who has been issued a REAL ID compliant | ||||||
8 | driver's license under the Illinois Vehicle Code. Any such | ||||||
9 | person may, at his or her discretion, surrender the REAL | ||||||
10 | ID compliant driver's license in order to become eligible | ||||||
11 | to obtain a REAL ID compliant identification card. | ||||||
12 | 9. The Secretary may issue both REAL ID compliant | ||||||
13 | identification cards and standard non-compliant | ||||||
14 | identification cards, and may permit applicants to | ||||||
15 | designate which type of identification card they wish to | ||||||
16 | receive. All provisions of this Act applicable to standard | ||||||
17 | non-compliant identification cards shall also apply to | ||||||
18 | REAL ID compliant identification cards, except where the | ||||||
19 | provisions are inconsistent with the REAL ID Act and | ||||||
20 | implementing regulations. The Secretary shall establish by | ||||||
21 | rule the date on which issuance of REAL ID compliant | ||||||
22 | identification cards will begin. | ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; | ||||||
24 | 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff. | ||||||
25 | 8-22-17.)
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1 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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2 | Sec. 4. Identification card.
| ||||||
3 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
4 | Identification Card to any natural person who is a resident
of | ||||||
5 | the State of Illinois who applies for such card, or renewal | ||||||
6 | thereof. No identification card shall be issued to any person | ||||||
7 | who holds a valid
foreign state
identification card, license, | ||||||
8 | or permit unless the person first surrenders to
the Secretary | ||||||
9 | of
State the valid foreign state identification card, license, | ||||||
10 | or permit. The card shall be prepared and
supplied by the | ||||||
11 | Secretary of State and shall include a photograph and | ||||||
12 | signature or mark of the
applicant. However, the Secretary of | ||||||
13 | State may provide by rule for the issuance of Illinois | ||||||
14 | Identification Cards without photographs if the applicant has | ||||||
15 | a bona fide religious objection to being photographed or to | ||||||
16 | the display of his or her photograph. The Illinois | ||||||
17 | Identification Card may be used for
identification purposes in | ||||||
18 | any lawful situation only by the person to
whom it was issued.
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19 | As used in this Act, "photograph" means any color photograph | ||||||
20 | or digitally
produced and captured image of an applicant for | ||||||
21 | an identification card. As
used in this Act, "signature" means | ||||||
22 | the name of a person as written by that
person and captured in | ||||||
23 | a manner acceptable to the Secretary of State. | ||||||
24 | (a-5) If an applicant for an identification card has a | ||||||
25 | current driver's license or instruction permit issued by the | ||||||
26 | Secretary of State, the Secretary may require the applicant to |
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1 | utilize the same residence address and name on the | ||||||
2 | identification card, driver's license, and instruction permit | ||||||
3 | records maintained by the Secretary. The Secretary may | ||||||
4 | promulgate rules to implement this provision.
| ||||||
5 | (a-10) If the applicant is a judicial officer as defined | ||||||
6 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
7 | the applicant may elect to have his or her office or work | ||||||
8 | address listed on the card instead of the applicant's | ||||||
9 | residence or mailing address. The Secretary may promulgate | ||||||
10 | rules to implement this provision. For the purposes of this | ||||||
11 | subsection (a-10), "peace officer" means any person who by | ||||||
12 | virtue of his or her office or public employment is vested by | ||||||
13 | law with a duty to maintain public order or to make arrests for | ||||||
14 | a violation of any penal statute of this State, whether that | ||||||
15 | duty extends to all violations or is limited to specific | ||||||
16 | violations. | ||||||
17 | (a-15) The Secretary of State may provide for an expedited | ||||||
18 | process for the issuance of an Illinois Identification Card. | ||||||
19 | The Secretary shall charge an additional fee for the expedited | ||||||
20 | issuance of an Illinois Identification Card, to be set by | ||||||
21 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
22 | for expedited Illinois Identification Card service shall be | ||||||
23 | deposited into the Secretary of State Special Services Fund. | ||||||
24 | The Secretary may adopt rules regarding the eligibility, | ||||||
25 | process, and fee for an expedited Illinois Identification | ||||||
26 | Card. If the Secretary of State determines that the volume of |
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1 | expedited identification card requests received on a given day | ||||||
2 | exceeds the ability of the Secretary to process those requests | ||||||
3 | in an expedited manner, the Secretary may decline to provide | ||||||
4 | expedited services, and the additional fee for the expedited | ||||||
5 | service shall be refunded to the applicant. | ||||||
6 | (a-20) The Secretary of State shall issue a standard | ||||||
7 | Illinois Identification Card to a committed person upon | ||||||
8 | release on parole, mandatory supervised release, aftercare | ||||||
9 | release, final discharge, or pardon from the Department of | ||||||
10 | Corrections or Department of Juvenile Justice, if the released | ||||||
11 | person presents a certified copy of his or her birth | ||||||
12 | certificate, social security card , if the person has a social | ||||||
13 | security number, or other documents authorized by the | ||||||
14 | Secretary, and 2 documents proving his or her Illinois | ||||||
15 | residence address. Documents proving residence address may | ||||||
16 | include any official document of the Department of Corrections | ||||||
17 | or the Department of Juvenile Justice showing the released | ||||||
18 | person's address after release and a Secretary of State | ||||||
19 | prescribed certificate of residency form, which may be | ||||||
20 | executed by Department of Corrections or Department of | ||||||
21 | Juvenile Justice personnel. | ||||||
22 | (a-25) The Secretary of State shall issue a limited-term | ||||||
23 | Illinois Identification Card valid for 90 days to a committed | ||||||
24 | person upon release on parole, mandatory supervised release, | ||||||
25 | aftercare release, final discharge, or pardon from the | ||||||
26 | Department of Corrections or Department of Juvenile Justice, |
| |||||||
| |||||||
1 | if the released person is unable to present a certified copy of | ||||||
2 | his or her birth certificate and social security card , if the | ||||||
3 | person has a social security number, or other documents | ||||||
4 | authorized by the Secretary, but does present a Secretary of | ||||||
5 | State prescribed verification form completed by the Department | ||||||
6 | of Corrections or Department of Juvenile Justice, verifying | ||||||
7 | the released person's date of birth and social security | ||||||
8 | number , if the person has a social security number, and 2 | ||||||
9 | documents proving his or her Illinois residence address. The | ||||||
10 | verification form must have been completed no more than 30 | ||||||
11 | days prior to the date of application for the Illinois | ||||||
12 | Identification Card. Documents proving residence address shall | ||||||
13 | include any official document of the Department of Corrections | ||||||
14 | or the Department of Juvenile Justice showing the person's | ||||||
15 | address after release and a Secretary of State prescribed | ||||||
16 | certificate of residency, which may be executed by Department | ||||||
17 | of Corrections or Department of Juvenile Justice personnel. | ||||||
18 | Prior to the expiration of the 90-day period of the | ||||||
19 | limited-term Illinois Identification Card, if the released | ||||||
20 | person submits to the Secretary of State a certified copy of | ||||||
21 | his or her birth certificate and his or her social security | ||||||
22 | card , if the person has a social security number, or other | ||||||
23 | documents authorized by the Secretary, a standard Illinois | ||||||
24 | Identification Card shall be issued. A limited-term Illinois | ||||||
25 | Identification Card may not be renewed. | ||||||
26 | (a-30) The Secretary of State shall issue a standard |
| |||||||
| |||||||
1 | Illinois Identification Card to a person upon conditional | ||||||
2 | release or absolute discharge from the custody of the | ||||||
3 | Department of Human Services, if the person presents a | ||||||
4 | certified copy of his or her birth certificate, social | ||||||
5 | security card, if the person has a social security number, or | ||||||
6 | other documents authorized by the Secretary, and a document | ||||||
7 | proving his or her Illinois residence address. The Secretary | ||||||
8 | of State shall issue a standard Illinois Identification Card | ||||||
9 | to a person prior to his or her conditional release or absolute | ||||||
10 | discharge if personnel from the Department of Human Services | ||||||
11 | bring the person to a Secretary of State location with the | ||||||
12 | required documents. Documents proving residence address may | ||||||
13 | include any official document of the Department of Human | ||||||
14 | Services showing the person's address after release and a | ||||||
15 | Secretary of State prescribed verification form, which may be | ||||||
16 | executed by personnel of the Department of Human Services. | ||||||
17 | (a-35) The Secretary of State shall issue a limited-term | ||||||
18 | Illinois Identification Card valid for 90 days to a person | ||||||
19 | upon conditional release or absolute discharge from the | ||||||
20 | custody of the Department of Human Services, if the person is | ||||||
21 | unable to present a certified copy of his or her birth | ||||||
22 | certificate and social security card , if the person has a | ||||||
23 | social security number, or other documents authorized by the | ||||||
24 | Secretary, but does present a Secretary of State prescribed | ||||||
25 | verification form completed by the Department of Human | ||||||
26 | Services, verifying the person's date of birth and social |
| |||||||
| |||||||
1 | security number, if the person has a social security number, | ||||||
2 | and a document proving his or her Illinois residence address. | ||||||
3 | The verification form must have been completed no more than 30 | ||||||
4 | days prior to the date of application for the Illinois | ||||||
5 | Identification Card. The Secretary of State shall issue a | ||||||
6 | limited-term Illinois Identification Card to a person no | ||||||
7 | sooner than 14 days prior to his or her conditional release or | ||||||
8 | absolute discharge if personnel from the Department of Human | ||||||
9 | Services bring the person to a Secretary of State location | ||||||
10 | with the required documents. Documents proving residence | ||||||
11 | address shall include any official document of the Department | ||||||
12 | of Human Services showing the person's address after release | ||||||
13 | and a Secretary of State prescribed verification form, which | ||||||
14 | may be executed
by personnel of the Department of Human | ||||||
15 | Services. | ||||||
16 | (b) The Secretary of State shall issue a special Illinois
| ||||||
17 | Identification Card, which shall be known as an Illinois | ||||||
18 | Person with a Disability
Identification Card, to any natural | ||||||
19 | person who is a resident of the State
of Illinois, who is a | ||||||
20 | person with a disability as defined in Section 4A of this Act,
| ||||||
21 | who applies for such card, or renewal thereof. No Illinois | ||||||
22 | Person with a Disability Identification Card shall be issued | ||||||
23 | to any person who
holds a valid
foreign state identification | ||||||
24 | card, license, or permit unless the person first
surrenders to | ||||||
25 | the
Secretary of State the valid foreign state identification | ||||||
26 | card, license, or
permit. The Secretary of State
shall charge |
| |||||||
| |||||||
1 | no fee to issue such card. The card shall be prepared and
| ||||||
2 | supplied by the Secretary of State, and shall include a | ||||||
3 | photograph and signature or mark of the
applicant, a | ||||||
4 | designation indicating that the card is an Illinois
Person | ||||||
5 | with a Disability Identification Card, and shall include a | ||||||
6 | comprehensible designation
of the type and classification of | ||||||
7 | the applicant's disability as set out in
Section 4A of this | ||||||
8 | Act. However, the Secretary of State may provide by rule for | ||||||
9 | the issuance of Illinois Person with a Disability | ||||||
10 | Identification Cards without photographs if the applicant has | ||||||
11 | a bona fide religious objection to being photographed or to | ||||||
12 | the display of his or her photograph. If the applicant so | ||||||
13 | requests, the card shall
include a description of the | ||||||
14 | applicant's disability and any information
about the | ||||||
15 | applicant's disability or medical history which the Secretary
| ||||||
16 | determines would be helpful to the applicant in securing | ||||||
17 | emergency medical
care. If a mark is used in lieu of a | ||||||
18 | signature, such mark
shall be affixed to the card in the | ||||||
19 | presence of two witnesses who attest to
the authenticity of | ||||||
20 | the mark. The Illinois
Person with a Disability Identification | ||||||
21 | Card may be used for identification purposes
in any lawful | ||||||
22 | situation by the person to whom it was issued.
| ||||||
23 | The Illinois Person with a Disability Identification Card | ||||||
24 | may be used as adequate
documentation of disability in lieu of | ||||||
25 | a physician's determination of
disability, a determination of | ||||||
26 | disability from a physician assistant, a determination of |
| |||||||
| |||||||
1 | disability from an advanced practice registered
nurse, or any
| ||||||
2 | other documentation
of disability whenever
any
State law
| ||||||
3 | requires that a person with a disability provide such | ||||||
4 | documentation of disability,
however an Illinois Person with a | ||||||
5 | Disability Identification Card shall not qualify
the | ||||||
6 | cardholder to participate in any program or to receive any | ||||||
7 | benefit
which is not available to all persons with like | ||||||
8 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
9 | Illinois Person with a Disability
Identification Card, or | ||||||
10 | evidence that the Secretary of State has issued an
Illinois | ||||||
11 | Person with a Disability Identification Card, shall not be | ||||||
12 | used by any
person other than the person named on such card to | ||||||
13 | prove that the person
named on such card is a person with a | ||||||
14 | disability or for any other purpose unless the
card is used for | ||||||
15 | the benefit of the person named on such card, and the
person | ||||||
16 | named on such card consents to such use at the time the card is | ||||||
17 | so used.
| ||||||
18 | An optometrist's determination of a visual disability | ||||||
19 | under Section 4A of this Act is acceptable as documentation | ||||||
20 | for the purpose of issuing an Illinois Person with a | ||||||
21 | Disability Identification Card. | ||||||
22 | When medical information is contained on an Illinois | ||||||
23 | Person with a Disability
Identification Card, the Office of | ||||||
24 | the Secretary of State shall not be
liable for any actions | ||||||
25 | taken based upon that medical information.
| ||||||
26 | (c) The Secretary of State shall provide
that each |
| |||||||
| |||||||
1 | original or renewal Illinois Identification Card or Illinois
| ||||||
2 | Person with a Disability Identification Card issued to a | ||||||
3 | person under the age of 21
shall be of a distinct nature from | ||||||
4 | those Illinois Identification Cards or
Illinois Person with a | ||||||
5 | Disability Identification Cards issued to individuals 21
years | ||||||
6 | of age or older. The color designated for Illinois | ||||||
7 | Identification
Cards or Illinois Person with a Disability | ||||||
8 | Identification Cards for persons under
the age of 21 shall be | ||||||
9 | at the discretion of the Secretary of State.
| ||||||
10 | (c-1) Each original or renewal Illinois
Identification | ||||||
11 | Card or Illinois Person with a Disability Identification Card | ||||||
12 | issued to
a person under the age of 21 shall display the date | ||||||
13 | upon which the person
becomes 18 years of age and the date upon | ||||||
14 | which the person becomes 21 years of
age.
| ||||||
15 | (c-3) The General Assembly recognizes the need to identify | ||||||
16 | military veterans living in this State for the purpose of | ||||||
17 | ensuring that they receive all of the services and benefits to | ||||||
18 | which they are legally entitled, including healthcare, | ||||||
19 | education assistance, and job placement. To assist the State | ||||||
20 | in identifying these veterans and delivering these vital | ||||||
21 | services and benefits, the Secretary of State is authorized to | ||||||
22 | issue Illinois Identification Cards and Illinois Person with a | ||||||
23 | Disability Identification Cards with the word "veteran" | ||||||
24 | appearing on the face of the cards. This authorization is | ||||||
25 | predicated on the unique status of veterans. The Secretary may | ||||||
26 | not issue any other identification card which identifies an |
| |||||||
| |||||||
1 | occupation, status, affiliation, hobby, or other unique | ||||||
2 | characteristics of the identification card holder which is | ||||||
3 | unrelated to the purpose of the identification card.
| ||||||
4 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
5 | of State shall designate a space on each original or renewal | ||||||
6 | identification card where, at the request of the applicant, | ||||||
7 | the word "veteran" shall be placed. The veteran designation | ||||||
8 | shall be available to a person identified as a veteran under | ||||||
9 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
10 | separated under honorable conditions. | ||||||
11 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
12 | discount card, to any natural person who is a resident of the | ||||||
13 | State of
Illinois who is 60 years of age or older and who | ||||||
14 | applies for such a card or
renewal thereof. The Secretary of | ||||||
15 | State shall charge no fee to issue such
card. The card shall be | ||||||
16 | issued in every county and applications shall be
made | ||||||
17 | available at, but not limited to, nutrition sites, senior | ||||||
18 | citizen
centers and Area Agencies on Aging. The applicant, | ||||||
19 | upon receipt of such
card and prior to its use for any purpose, | ||||||
20 | shall have affixed thereon in
the space provided therefor his | ||||||
21 | signature or mark.
| ||||||
22 | (e) The Secretary of State, in his or her discretion, may | ||||||
23 | designate on each Illinois
Identification Card or Illinois | ||||||
24 | Person with a Disability Identification Card a space where the | ||||||
25 | card holder may place a sticker or decal, issued by the | ||||||
26 | Secretary of State, of uniform size as the Secretary may |
| |||||||
| |||||||
1 | specify, that shall indicate in appropriate language that the | ||||||
2 | card holder has renewed his or her Illinois
Identification | ||||||
3 | Card or Illinois Person with a Disability Identification Card. | ||||||
4 | (Source: P.A. 102-299, eff. 8-6-21.)
| ||||||
5 | (15 ILCS 335/4D) | ||||||
6 | Sec. 4D. Issuance of confidential identification cards. | ||||||
7 | (a) Requirements for use of confidential identification | ||||||
8 | cards. Confidential identification cards may be issued to | ||||||
9 | local, state, and federal government agencies for bona fide | ||||||
10 | law enforcement purposes. The identification cards may be | ||||||
11 | issued in fictitious names and addresses, and may be used only | ||||||
12 | in confidential, investigative, or undercover law enforcement | ||||||
13 | operations. Confidential identification cards may be issued as | ||||||
14 | REAL ID compliant or standard non-compliant identification | ||||||
15 | cards. | ||||||
16 | (b) Application procedures for confidential identification | ||||||
17 | cards: | ||||||
18 | (1) Applications by local, state, and federal | ||||||
19 | government agencies for confidential identification cards | ||||||
20 | must be made to the Secretary of State Police Department | ||||||
21 | on a form and in a manner prescribed by the Secretary of | ||||||
22 | State Police Department. | ||||||
23 | (2) The application form must include information, as | ||||||
24 | specific as possible without compromising investigations | ||||||
25 | or techniques, setting forth the need for the |
| |||||||
| |||||||
1 | identification cards and the uses to which the | ||||||
2 | identification cards will be limited. | ||||||
3 | (3) The application form must be signed and verified | ||||||
4 | by the local, state, or federal government agency head or | ||||||
5 | designee. | ||||||
6 | (4) Information maintained by the Secretary of State | ||||||
7 | Police Department for confidential identification cards | ||||||
8 | must show the fictitious names and addresses on all | ||||||
9 | records subject to public disclosure. All other | ||||||
10 | information concerning these confidential identification | ||||||
11 | cards are exempt from disclosure unless the disclosure is | ||||||
12 | ordered by a court of competent jurisdiction. | ||||||
13 | (c) Cancellation procedures for confidential | ||||||
14 | identification cards: | ||||||
15 | (1) The Secretary of State Police Department may | ||||||
16 | cancel or refuse to renew confidential identification | ||||||
17 | cards when they have reasonable cause to believe the cards | ||||||
18 | are being used for purposes other than those set forth in | ||||||
19 | the application form or authorized by this Section. | ||||||
20 | (2) A government agency must request cancellation of | ||||||
21 | confidential identification cards that are no longer | ||||||
22 | required for the purposes for which they were issued. | ||||||
23 | (3) Upon the request of the Secretary of State Police | ||||||
24 | Department, all cancelled confidential identification | ||||||
25 | cards must be promptly returned to the Secretary of State | ||||||
26 | Police Department by the government agency to which they |
| |||||||
| |||||||
1 | were issued.
| ||||||
2 | (Source: P.A. 100-248, eff. 8-22-17.) | ||||||
3 | (15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||||
4 | Sec. 5. Applications. | ||||||
5 | (a) Any natural person who is a resident of the
State of | ||||||
6 | Illinois may file an application for an identification card, | ||||||
7 | or for
the renewal thereof, in a manner prescribed by the | ||||||
8 | Secretary. Each original application
shall be completed by the | ||||||
9 | applicant in full and shall set forth the legal
name,
| ||||||
10 | residence address and zip code, social security number, if the | ||||||
11 | person has a social security number, birth date, sex and
a | ||||||
12 | brief
description of the applicant. The applicant shall be | ||||||
13 | photographed, unless the Secretary of State has provided by | ||||||
14 | rule for the issuance of identification cards without | ||||||
15 | photographs and the applicant is deemed eligible for an | ||||||
16 | identification card without a photograph under the terms and | ||||||
17 | conditions imposed by the Secretary of State, and he
or she | ||||||
18 | shall also submit any other information as the Secretary may | ||||||
19 | deem necessary
or such documentation as the Secretary may | ||||||
20 | require to determine the
identity of the applicant. In | ||||||
21 | addition to the residence address, the Secretary may allow the | ||||||
22 | applicant to provide a mailing address. If the applicant is a | ||||||
23 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
24 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
25 | his or her office or work address in lieu of the applicant's |
| |||||||
| |||||||
1 | residence or mailing address. An applicant for an Illinois | ||||||
2 | Person with a Disability Identification Card must
also submit | ||||||
3 | with each original or renewal application, on forms prescribed
| ||||||
4 | by the Secretary, such documentation as the Secretary may | ||||||
5 | require,
establishing that the applicant is a "person with a | ||||||
6 | disability" as defined in
Section 4A of this Act, and setting | ||||||
7 | forth the applicant's type and class of
disability as set | ||||||
8 | forth in Section 4A of this Act.
For the purposes of this | ||||||
9 | subsection (a), "peace officer" means any person who by virtue | ||||||
10 | of his or her office or public employment is vested by law with | ||||||
11 | a duty to maintain public order or to make arrests for a | ||||||
12 | violation of any penal statute of this State, whether that | ||||||
13 | duty extends to all violations or is limited to specific | ||||||
14 | violations.
| ||||||
15 | (a-5) Upon the first issuance of a request for proposals | ||||||
16 | for a digital driver's license and identification card | ||||||
17 | issuance and facial recognition system issued after January 1, | ||||||
18 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
19 | implementation of a new or revised system procured pursuant to | ||||||
20 | that request for proposals, the Secretary shall permit | ||||||
21 | applicants to choose between "male", "female", or "non-binary" | ||||||
22 | when designating the applicant's sex on the identification | ||||||
23 | card application form. The sex designated by the applicant | ||||||
24 | shall be displayed on the identification card issued to the | ||||||
25 | applicant. | ||||||
26 | (b) Beginning on or before July 1, 2015, for each original |
| |||||||
| |||||||
1 | or renewal identification card application under this Act, the | ||||||
2 | Secretary shall inquire as to whether the applicant is a | ||||||
3 | veteran for purposes of issuing an identification card with a | ||||||
4 | veteran designation under subsection (c-5) of Section 4 of | ||||||
5 | this Act. The acceptable forms of proof shall include, but are | ||||||
6 | not limited to, Department of Defense form DD-214, Department | ||||||
7 | of Defense form DD-256 for applicants who did not receive a | ||||||
8 | form DD-214 upon the completion of initial basic training, | ||||||
9 | Department of Defense form DD-2 (Retired), an identification | ||||||
10 | card issued under the federal Veterans Identification Card Act | ||||||
11 | of 2015, or a United States Department of Veterans Affairs | ||||||
12 | summary of benefits letter. If the document cannot be stamped, | ||||||
13 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
14 | certificate to the veteran to provide to the Secretary of | ||||||
15 | State. The Illinois Department of Veterans' Affairs shall | ||||||
16 | advise the Secretary as to what other forms of proof of a | ||||||
17 | person's status as a veteran are acceptable. | ||||||
18 | For each applicant who is issued an identification card | ||||||
19 | with a 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 |
| |||||||
| |||||||
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 identification card will be cancelled. | ||||||
4 | For purposes of this subsection (b): | ||||||
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 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
12 | Identification Cards and Illinois Person with a Disability | ||||||
13 | Identification Cards shall provide proof of lawful status in | ||||||
14 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
15 | Applicants who are unable to provide the Secretary with proof | ||||||
16 | of lawful status are ineligible for REAL ID compliant | ||||||
17 | identification cards under this Act. | ||||||
18 | (d) The Secretary of State may accept, as proof of date of | ||||||
19 | birth and written signature for any applicant
for a standard | ||||||
20 | identification card who does not have a social security number | ||||||
21 | or documentation issued by the United States Department of | ||||||
22 | Homeland Security authorizing the applicant's presence in this | ||||||
23 | country, any passport validly issued to the applicant from the | ||||||
24 | applicant's country
of citizenship or a consular | ||||||
25 | identification document validly issued to the applicant by a | ||||||
26 | consulate of that
country as defined in Section 5 of the |
| |||||||
| |||||||
1 | Consular Identification Document Act. Any such documents must | ||||||
2 | be either unexpired or presented by an applicant within 2 | ||||||
3 | years of its expiration date. | ||||||
4 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
5 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
6 | (15 ILCS 335/11) (from Ch. 124, par. 31)
| ||||||
7 | Sec. 11. Records. | ||||||
8 | (a) The Secretary may make a search of his records and | ||||||
9 | furnish
information as to whether a person has a current | ||||||
10 | Standard Illinois
Identification Card or an Illinois Person | ||||||
11 | with a Disability Identification Card then on
file, upon | ||||||
12 | receipt of a written application therefor accompanied with the
| ||||||
13 | prescribed fee. However, the Secretary may not disclose | ||||||
14 | medical
information concerning an individual to any person, | ||||||
15 | public agency, private
agency, corporation or governmental | ||||||
16 | body unless the individual has
submitted a written request for | ||||||
17 | the information or unless the individual
has given prior | ||||||
18 | written consent for the release of the information to a
| ||||||
19 | specific person or entity. This exception shall not apply to: | ||||||
20 | (1) offices
and employees of the Secretary who have a need to | ||||||
21 | know the medical
information in performance of their official | ||||||
22 | duties, or (2) orders of a
court of competent jurisdiction. | ||||||
23 | When medical information is disclosed by
the Secretary in | ||||||
24 | accordance with the provisions of this Section, no
liability | ||||||
25 | shall rest with the Office of the Secretary of State as the
|
| |||||||
| |||||||
1 | information is released for informational purposes only. | ||||||
2 | (b) Except as otherwise provided in this Section, the | ||||||
3 | Secretary may release personally identifying information only | ||||||
4 | to: | ||||||
5 | (1) officers and employees of the Secretary who have a | ||||||
6 | need to know that information for issuance of driver's | ||||||
7 | licenses, permits, or identification cards and | ||||||
8 | investigation of fraud or misconduct; | ||||||
9 | (2) other governmental agencies for use in their | ||||||
10 | official governmental functions; | ||||||
11 | (3) law enforcement agencies for a criminal or civil | ||||||
12 | investigation , except as restricted by subsections
(g) and | ||||||
13 | (h) ; | ||||||
14 | (3-5) the State Board of Elections as may be required | ||||||
15 | by an agreement the State Board of Elections has entered | ||||||
16 | into with a multi-state voter registration list | ||||||
17 | maintenance system; or | ||||||
18 | (4) any entity that the Secretary has authorized, by | ||||||
19 | rule. | ||||||
20 | (c) Except as otherwise provided in this Section, the | ||||||
21 | Secretary may release highly restricted personal information | ||||||
22 | only to: | ||||||
23 | (1) officers and employees of the Secretary who have a | ||||||
24 | need to access the information for the issuance of | ||||||
25 | driver's licenses, permits, or identification cards and | ||||||
26 | investigation of fraud or misconduct; |
| |||||||
| |||||||
1 | (2) law enforcement officials for a criminal or civil | ||||||
2 | law enforcement investigation , except as restricted by | ||||||
3 | subsections
(g) and (h) ; | ||||||
4 | (3) the State Board of Elections for the purpose of | ||||||
5 | providing the signature for completion of voter | ||||||
6 | registration; or | ||||||
7 | (4) any other entity the Secretary has authorized by | ||||||
8 | rule. | ||||||
9 | (d) Documents required to be submitted with an application | ||||||
10 | for an identification card to prove the applicant's identity | ||||||
11 | (name and date of birth), social security number or lack of a | ||||||
12 | social security number , written signature, residency, and, as | ||||||
13 | applicable, citizenship and immigration proof of lawful status | ||||||
14 | and
country of citizenship shall be confidential and shall not | ||||||
15 | be disclosed except to the following persons: | ||||||
16 | (1) the individual to whom the identification card was | ||||||
17 | issued, upon written request; | ||||||
18 | (2) officers and employees of the Secretary of State | ||||||
19 | who have a need to have access to the stored images for | ||||||
20 | purposes of issuing and controlling driver's licenses, | ||||||
21 | permits, or identification cards and investigation of | ||||||
22 | fraud or misconduct; | ||||||
23 | (3) law enforcement officials for a civil or criminal | ||||||
24 | law enforcement investigation , except as restricted by | ||||||
25 | subsections
(g) and (h) ; | ||||||
26 | (4) other entities that the Secretary may authorize by |
| |||||||
| |||||||
1 | rule. | ||||||
2 | (e) The Secretary may not disclose an individual's social | ||||||
3 | security number or any associated information obtained from | ||||||
4 | the Social Security Administration without the written request | ||||||
5 | or consent of the individual except: (i) to officers and | ||||||
6 | employees of the Secretary who have a need to know the social | ||||||
7 | security number in the performance of their official duties; | ||||||
8 | (ii) except as restricted by subsections
(g) and (h) to law | ||||||
9 | enforcement officials for a civil or criminal law enforcement | ||||||
10 | investigation if an officer of the law enforcement agency has | ||||||
11 | made a written request to the Secretary specifying the law | ||||||
12 | enforcement investigation for which the social security number | ||||||
13 | is being sought; (iii) under a lawful court order signed by a | ||||||
14 | judge; (iv) to the Illinois Department of Veterans' Affairs | ||||||
15 | for the purpose of confirming veteran status to agencies in | ||||||
16 | other states responsible for the issuance of state | ||||||
17 | identification cards for participation in State-to-State | ||||||
18 | verification service; or (v) the last 4 digits to the Illinois | ||||||
19 | State Board of Elections for purposes of voter registration | ||||||
20 | and as may be required pursuant to an agreement for a | ||||||
21 | multi-state voter registration list maintenance system. The | ||||||
22 | Secretary retains the right to require additional verification | ||||||
23 | regarding the validity of a request from law enforcement. If | ||||||
24 | social security information is disclosed by the Secretary in | ||||||
25 | accordance with this Section, no liability shall rest with the | ||||||
26 | Office of the Secretary of State or any of its officers or |
| |||||||
| |||||||
1 | employees, as the information is released for official | ||||||
2 | purposes only.
| ||||||
3 | (f) The Secretary of State shall not provide facial | ||||||
4 | recognition search services or photographs obtained in the | ||||||
5 | process of issuing an identification card to any federal, | ||||||
6 | State, or local law enforcement agency or other governmental | ||||||
7 | entity for the purpose of enforcing federal immigration laws. | ||||||
8 | This subsection shall not apply to requests from federal, | ||||||
9 | State, or local law enforcement agencies or other governmental | ||||||
10 | entities for facial recognition search services or photographs | ||||||
11 | obtained in the process of issuing a driver's license or | ||||||
12 | permit when the purpose of the request relates to criminal | ||||||
13 | activity other than violations of immigration laws. | ||||||
14 | (g) Notwithstanding any other provision of law, the | ||||||
15 | Secretary may not release highly restricted personal
| ||||||
16 | information or personally identifying information or disclose | ||||||
17 | documents described in subsection (d) to any immigration | ||||||
18 | agent, as defined in Section 10 of the Illinois TRUST Act, | ||||||
19 | unless necessary to comply with
the following, to the extent | ||||||
20 | that production of such information or documents is | ||||||
21 | specifically required: | ||||||
22 | (1) a lawful court order; | ||||||
23 | (2) a judicial warrant signed by a judge appointed | ||||||
24 | pursuant to Article III of the Constitution of the United | ||||||
25 | States; or | ||||||
26 | (3) a subpoena for individual records issued by a |
| |||||||
| |||||||
1 | federal or State court. | ||||||
2 | When responding to such a court
order, warrant, or | ||||||
3 | subpoena, the Secretary shall disclose only those documents or | ||||||
4 | information specifically
requested. Within 3 business days of | ||||||
5 | receiving such a court order, warrant, or subpoena, the
| ||||||
6 | Secretary shall send a notification to the individual about | ||||||
7 | whom such information was requested that a
court order, | ||||||
8 | warrant, or subpoena was received and the identity of the | ||||||
9 | entity that presented the court
order, warrant, or subpoena. | ||||||
10 | (h) The Secretary shall not enter into or maintain any | ||||||
11 | agreement regarding the sharing of any highly
restricted | ||||||
12 | personal information or personally identifying information or | ||||||
13 | documents described in subsection
(d) unless all other parties | ||||||
14 | to such agreement certify that the information obtained will | ||||||
15 | not
be used for civil immigration purposes or knowingly | ||||||
16 | disseminated to any third party for any purpose
related to | ||||||
17 | civil immigration enforcement. | ||||||
18 | (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
| ||||||
19 | Section 20. The Illinois Vehicle Code is amended by | ||||||
20 | changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1, | ||||||
21 | 6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as | ||||||
22 | follows:
| ||||||
23 | (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
| ||||||
24 | Sec. 6-100. Definitions. For the purposes of this Chapter, |
| |||||||
| |||||||
1 | the following
words shall have the meanings ascribed to them:
| ||||||
2 | (a) Application Process. The process of obtaining a | ||||||
3 | driver's license,
identification card, or permit. The process | ||||||
4 | begins when a person enters a
Secretary of State Driver | ||||||
5 | Services facility and requests a driver's
license, | ||||||
6 | identification card or permit.
| ||||||
7 | (b) Conviction. A final adjudication of guilty by a court | ||||||
8 | of competent
jurisdiction either after a bench trial, trial by | ||||||
9 | jury, plea of guilty,
order of forfeiture, or default.
| ||||||
10 | (c) Identification Card. A document made or issued by or | ||||||
11 | under the
authority of the United States Government, the State | ||||||
12 | of Illinois or any other
state or political subdivision | ||||||
13 | thereof, or any governmental or
quasi-governmental | ||||||
14 | organization that, when completed with information
concerning
| ||||||
15 | the individual, is of a type intended or commonly accepted for | ||||||
16 | the purpose of
identifying the individual.
| ||||||
17 | (d) Standard Non-compliant driver's license. A driver's | ||||||
18 | license issued in a manner which is not compliant with the REAL | ||||||
19 | ID Act and implementing regulations. Standard Non-compliant | ||||||
20 | driver's licenses shall be marked "Federal Limits Apply" "Not | ||||||
21 | for Federal Identification" and shall have a color or design | ||||||
22 | different from the REAL ID compliant driver's license. | ||||||
23 | (e) REAL ID compliant driver's license. A driver's license | ||||||
24 | issued in compliance with the REAL ID Act and implementing | ||||||
25 | regulations. REAL ID compliant driver's licenses shall bear a | ||||||
26 | security marking approved by the United States Department of |
| |||||||
| |||||||
1 | Homeland Security. | ||||||
2 | (f) Limited Term REAL ID compliant driver's license. A | ||||||
3 | REAL ID compliant driver's license issued to a person who is | ||||||
4 | not a permanent resident or citizen of the United States, or an | ||||||
5 | individual who has an approved application for asylum in the | ||||||
6 | United States or has entered the United States in refugee | ||||||
7 | status, and marked "Limited Term" on the face of the license. | ||||||
8 | (Source: P.A. 100-248, eff. 8-22-17.)
| ||||||
9 | (625 ILCS 5/6-100.5) | ||||||
10 | Sec. 6-100.5. Issuance of REAL ID compliant and standard | ||||||
11 | non-compliant driver's licenses. The Secretary of State may | ||||||
12 | issue both REAL ID compliant driver's licenses and standard | ||||||
13 | non-compliant driver's licenses, and may permit applicants to | ||||||
14 | designate which type of driver's license they wish to receive. | ||||||
15 | All provisions of this Code applicable to standard | ||||||
16 | non-compliant driver's licenses shall also apply to REAL ID | ||||||
17 | compliant driver's licenses, except where the provisions are | ||||||
18 | inconsistent with the REAL ID Act and implementing | ||||||
19 | regulations. The Secretary shall establish by rule the date on | ||||||
20 | which issuance of REAL ID compliant driver's licenses will | ||||||
21 | begin.
| ||||||
22 | (Source: P.A. 100-248, eff. 8-22-17.) | ||||||
23 | (625 ILCS 5/6-105.1) | ||||||
24 | Sec. 6-105.1. Temporary visitor's driver's license. |
| |||||||
| |||||||
1 | (a) The Secretary of State may issue a temporary visitor's | ||||||
2 | driver's license to a foreign national who (i) resides in this | ||||||
3 | State, (ii) is ineligible to obtain a social security number, | ||||||
4 | and (iii) presents to the Secretary documentation, issued by | ||||||
5 | United States Citizenship and Immigration Services, | ||||||
6 | authorizing the person's presence in this country. | ||||||
7 | (a-5) The Secretary of State may issue a temporary | ||||||
8 | visitor's driver's license to an applicant who (i) has resided | ||||||
9 | in this State for a period in excess of one year, (ii) is | ||||||
10 | ineligible to obtain a social security number, and (iii) is | ||||||
11 | unable to present documentation issued by the United States | ||||||
12 | Citizenship and Immigration Services authorizing the person's | ||||||
13 | presence in this country. The applicant shall submit a valid | ||||||
14 | unexpired passport from the applicant's country of citizenship | ||||||
15 | or a valid unexpired consular identification document issued | ||||||
16 | by a consulate of that country as defined in Section 5 of the | ||||||
17 | Consular Identification Document Act (5 ILCS 230/5). | ||||||
18 | (a-10) Applicants for a temporary visitor's driver's | ||||||
19 | license who are under 18 years of age at the time of | ||||||
20 | application shall be subject to the provisions of Sections | ||||||
21 | 6-107 and 6-108 of this Code. | ||||||
22 | (b) A temporary visitor's driver's license issued under | ||||||
23 | subsection (a) is valid for 3 years, or for the period of time | ||||||
24 | the individual is authorized to remain in this country, | ||||||
25 | whichever ends sooner. A temporary visitor's driver's license | ||||||
26 | issued under subsection (a-5) shall be valid for a period of 3 |
| |||||||
| |||||||
1 | years. | ||||||
2 | (b-5) A temporary visitor's driver's license issued under | ||||||
3 | this Section may not be accepted for proof of the holder's | ||||||
4 | identity. A temporary visitor's driver's license issued under | ||||||
5 | this Section shall contain a notice on its face, in | ||||||
6 | capitalized letters, stating that the temporary visitor's | ||||||
7 | driver's license may not be accepted for proof of identity. | ||||||
8 | (c) The Secretary shall adopt rules for implementing this | ||||||
9 | Section, including rules: | ||||||
10 | (1) regarding the design and content of the temporary | ||||||
11 | visitor's driver's license; | ||||||
12 | (2) establishing criteria for proof of identification | ||||||
13 | and residency of an individual applying under subsection | ||||||
14 | (a-5); | ||||||
15 | (3) designating acceptable evidence that an applicant | ||||||
16 | is not eligible for a social security number; and | ||||||
17 | (4) regarding the issuance of temporary visitor's | ||||||
18 | instruction permits.
| ||||||
19 | (d) Any person to whom the Secretary of State may issue a | ||||||
20 | temporary visitor's driver's license shall be subject to any | ||||||
21 | and all provisions of this Code and any and all implementing | ||||||
22 | regulations issued by the Secretary of State to the same | ||||||
23 | extent as any person issued a driver's license, unless | ||||||
24 | otherwise provided in this Code or by administrative rule, | ||||||
25 | including but not limited to the examination requirements in | ||||||
26 | Section 6-109 as well as the mandatory insurance requirements |
| |||||||
| |||||||
1 | and penalties set forth in Article VI of Chapter 7 of this | ||||||
2 | Code. | ||||||
3 | (d-5) A temporary visitor's driver's license is invalid if | ||||||
4 | the holder is unable to provide proof of liability insurance | ||||||
5 | as required by Section 7-601 of this Code upon the request of a | ||||||
6 | law enforcement officer, in which case the holder commits a | ||||||
7 | violation of Section 6-101 of this Code. | ||||||
8 | (e) Temporary visitor's driver's licenses shall be issued | ||||||
9 | from a central location after the Secretary of State has | ||||||
10 | verified the information provided by the applicant. | ||||||
11 | (f) There is created in the State treasury a special fund | ||||||
12 | to be known as the Driver Services Administration Fund. All | ||||||
13 | fees collected for the issuance of temporary visitor's | ||||||
14 | driver's licenses shall be deposited into the Fund. These | ||||||
15 | funds shall, subject to appropriation, be used by the Office | ||||||
16 | of the Secretary of State for costs related to the issuance of | ||||||
17 | temporary visitor's driver's licenses, and other operational | ||||||
18 | costs, including personnel, facilities, computer programming, | ||||||
19 | and data transmission. | ||||||
20 | (g) No temporary visitor's driver's licenses shall be | ||||||
21 | issued after the effective date of this
amendatory Act of the | ||||||
22 | 103rd General Assembly. | ||||||
23 | (Source: P.A. 97-1157, eff. 11-28-13 .)
| ||||||
24 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
25 | Sec. 6-106. Application for license or instruction permit.
|
| |||||||
| |||||||
1 | (a) Every application for any permit or license authorized | ||||||
2 | to be issued
under this Code shall be made upon a form | ||||||
3 | furnished by the Secretary of
State. Every application shall | ||||||
4 | be accompanied by the proper fee and payment
of such fee shall | ||||||
5 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
6 | examination within a period of one year after the date of | ||||||
7 | application.
| ||||||
8 | (b) Every application shall state the legal name, social | ||||||
9 | security
number, zip
code, date of birth, sex, and residence | ||||||
10 | address of the applicant; briefly
describe the applicant; | ||||||
11 | state whether the applicant has theretofore been
licensed as a | ||||||
12 | driver, and, if so, when and by what state or country, and
| ||||||
13 | whether any such license has ever been cancelled, suspended, | ||||||
14 | revoked or
refused, and, if so, the date and reason for such | ||||||
15 | cancellation, suspension,
revocation or refusal; shall include | ||||||
16 | an affirmation by the applicant that
all information set forth | ||||||
17 | is true and correct; and shall bear the
applicant's signature. | ||||||
18 | In addition to the residence address, the Secretary may allow | ||||||
19 | the applicant to provide a mailing address. In the case of an | ||||||
20 | applicant who is a judicial officer or peace officer, the | ||||||
21 | Secretary may allow the applicant to provide an office or work | ||||||
22 | address in lieu of a residence or mailing address. The | ||||||
23 | application form may
also require the statement of such | ||||||
24 | additional relevant information as the
Secretary of State | ||||||
25 | shall deem necessary to determine the applicant's
competency | ||||||
26 | and eligibility. The Secretary of State may, in his
|
| |||||||
| |||||||
1 | discretion, by rule or regulation, provide that an application | ||||||
2 | for a
drivers license or permit may include a suitable | ||||||
3 | photograph of the
applicant in the
form prescribed by the | ||||||
4 | Secretary, and he may further provide that each
drivers | ||||||
5 | license shall include a photograph of the driver. The | ||||||
6 | Secretary of
State may utilize a photograph process or system | ||||||
7 | most suitable to deter
alteration or improper reproduction of | ||||||
8 | a drivers license and to prevent
substitution of another photo | ||||||
9 | thereon.
For the purposes of this subsection (b), "peace | ||||||
10 | officer" means any person who by virtue of his or her office or | ||||||
11 | public employment is vested by law with a duty to maintain | ||||||
12 | public order or to make arrests for a violation of any penal | ||||||
13 | statute of this State, whether that duty extends to all | ||||||
14 | violations or is limited to specific violations.
| ||||||
15 | (b-1) Every application shall state the social security | ||||||
16 | number of the applicant; except if the applicant
is applying | ||||||
17 | for a standard driver's license and, on the date of | ||||||
18 | application, is ineligible for a social security number, then: | ||||||
19 | (1) if the applicant has documentation, issued by the | ||||||
20 | United States Department of Homeland
Security, authorizing | ||||||
21 | the applicant's presence in this country, the applicant | ||||||
22 | shall provide such
documentation instead of a social | ||||||
23 | security number; and | ||||||
24 | (2) if the applicant does not have documentation | ||||||
25 | described in paragraph (1), the applicant
shall provide, | ||||||
26 | instead of a social security number, the following: |
| |||||||
| |||||||
1 | (A) documentation establishing that the applicant | ||||||
2 | has resided in this State for a period in
excess of one | ||||||
3 | year; | ||||||
4 | (B) a passport validly issued to the applicant | ||||||
5 | from the applicant's country of citizenship or
a | ||||||
6 | consular identification document validly issued to the | ||||||
7 | applicant by a consulate of that country as defined
in | ||||||
8 | Section 5 of the Consular Identification Document Act, | ||||||
9 | as long as such documents are either unexpired or | ||||||
10 | presented by an applicant within 2 years of its | ||||||
11 | expiration date; and | ||||||
12 | (C) a social security card, if the applicant has a | ||||||
13 | social security number. | ||||||
14 | (b-3) Upon the first issuance of a request for proposals | ||||||
15 | for a digital driver's license and identification card | ||||||
16 | issuance and facial recognition system issued after January 1, | ||||||
17 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
18 | implementation of a new or revised system procured pursuant to | ||||||
19 | that request for proposals, the Secretary shall permit | ||||||
20 | applicants to choose between "male", "female" or "non-binary" | ||||||
21 | when designating the applicant's sex on the driver's license | ||||||
22 | application form. The sex designated by the applicant shall be | ||||||
23 | displayed on the driver's license issued to the applicant. | ||||||
24 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
25 | license or permit shall provide proof of lawful status in the | ||||||
26 | United States as defined in 6 CFR 37.3, as amended. Applicants |
| |||||||
| |||||||
1 | who are unable to provide the Secretary with proof of lawful | ||||||
2 | status may apply for a driver's license or permit under | ||||||
3 | Section 6-105.1 of this Code. | ||||||
4 | (c) The application form shall include a notice to the | ||||||
5 | applicant of the
registration obligations of sex offenders | ||||||
6 | under the Sex Offender Registration
Act. The notice shall be | ||||||
7 | provided in a form and manner prescribed by the
Secretary of | ||||||
8 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
9 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
10 | Registration Act.
| ||||||
11 | (d) Any male United States citizen or immigrant who | ||||||
12 | applies for any
permit or
license authorized to be issued | ||||||
13 | under this Code or for a renewal of any permit
or
license,
and | ||||||
14 | who is at least 18 years of age but less than 26 years of age, | ||||||
15 | must be
registered in compliance with the requirements of the | ||||||
16 | federal Military
Selective
Service Act.
The Secretary of State | ||||||
17 | must forward in an electronic format the necessary
personal | ||||||
18 | information regarding the applicants identified in this | ||||||
19 | subsection (d)
to
the Selective Service System. The | ||||||
20 | applicant's signature on the application
serves
as an | ||||||
21 | indication that the applicant either has already registered | ||||||
22 | with the
Selective
Service System or that he is authorizing | ||||||
23 | the Secretary to forward to the
Selective
Service System the | ||||||
24 | necessary information for registration. The Secretary must
| ||||||
25 | notify the applicant at the time of application that his | ||||||
26 | signature constitutes
consent to registration with the |
| |||||||
| |||||||
1 | Selective Service System, if he is not already
registered.
| ||||||
2 | (e) Beginning on or before July 1, 2015, for each original | ||||||
3 | or renewal driver's license application under this Code, the | ||||||
4 | Secretary shall inquire as to whether the applicant is a | ||||||
5 | veteran for purposes of issuing a driver's license with a | ||||||
6 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
7 | this Code. The acceptable forms of proof shall include, but | ||||||
8 | are not limited to, Department of Defense form DD-214, | ||||||
9 | Department of Defense form DD-256 for applicants who did not | ||||||
10 | receive a form DD-214 upon the completion of initial basic | ||||||
11 | training, Department of Defense form DD-2 (Retired), an | ||||||
12 | identification card issued under the federal Veterans | ||||||
13 | Identification Card Act of 2015, or a United States Department | ||||||
14 | of Veterans Affairs summary of benefits letter. If the | ||||||
15 | document cannot be stamped, the Illinois Department of | ||||||
16 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
17 | to provide to the Secretary of State. The Illinois Department | ||||||
18 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
19 | other forms of proof of a person's status as a veteran are | ||||||
20 | acceptable. | ||||||
21 | For each applicant who is issued a driver's license with a | ||||||
22 | veteran designation, the Secretary shall provide the | ||||||
23 | Department of Veterans' Affairs with the applicant's name, | ||||||
24 | address, date of birth, gender and such other demographic | ||||||
25 | information as agreed to by the Secretary and the Department. | ||||||
26 | The Department may take steps necessary to confirm the |
| |||||||
| |||||||
1 | applicant is a veteran. If after due diligence, including | ||||||
2 | writing to the applicant at the address provided by the | ||||||
3 | Secretary, the Department is unable to verify the applicant's | ||||||
4 | veteran status, the Department shall inform the Secretary, who | ||||||
5 | shall notify the applicant that he or she must confirm status | ||||||
6 | as a veteran, or the driver's license will be cancelled. | ||||||
7 | For purposes of this subsection (e): | ||||||
8 | "Armed forces" means any of the Armed Forces of the United | ||||||
9 | States, including a member of any reserve component or | ||||||
10 | National Guard unit. | ||||||
11 | "Veteran" means a person who has served in the armed | ||||||
12 | forces and was discharged or separated under honorable | ||||||
13 | conditions. | ||||||
14 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
15 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
16 | (625 ILCS 5/6-110.1)
| ||||||
17 | Sec. 6-110.1. Confidentiality of captured photographs or | ||||||
18 | images. | ||||||
19 | (a) The
Secretary of State shall maintain a file on or | ||||||
20 | contract to file all photographs
and signatures obtained in | ||||||
21 | the process of issuing a driver's license, permit,
or | ||||||
22 | identification card. Except as otherwise provided in this | ||||||
23 | Section, the photographs and signatures shall be confidential
| ||||||
24 | and shall not be disclosed except to the following persons:
| ||||||
25 | (1) the individual to whom the driver's license or |
| |||||||
| |||||||
1 | permit was issued, upon written request;
| ||||||
2 | (2) officers and employees of the Secretary of State | ||||||
3 | who have a need
to have access to the stored images for | ||||||
4 | purposes of issuing and controlling
driver's licenses, | ||||||
5 | permits, or identification cards and investigation of | ||||||
6 | fraud or misconduct;
| ||||||
7 | (3) law enforcement officials for a civil or criminal
| ||||||
8 | law enforcement investigation , except as restricted
by | ||||||
9 | section 6-110.3 ;
| ||||||
10 | (3-5) the State Board of Elections for the sole | ||||||
11 | purpose of providing the signatures required by a local | ||||||
12 | election authority to register a voter through an online | ||||||
13 | voter registration system; | ||||||
14 | (3-10) officers and employees of the Secretary of | ||||||
15 | State who have a need to have access to the stored images | ||||||
16 | for purposes of issuing and controlling notary public | ||||||
17 | commissions and for the purpose of providing the | ||||||
18 | signatures required to process online applications for | ||||||
19 | appointment and commission as notaries public; or | ||||||
20 | (4) other entities that the Secretary may authorize by | ||||||
21 | rule.
| ||||||
22 | (b) The Secretary of State shall not provide facial | ||||||
23 | recognition search services or photographs obtained in the | ||||||
24 | process of issuing a driver's license or permit to any | ||||||
25 | federal, State, or local law enforcement agency or other | ||||||
26 | governmental entity for the purpose of enforcing federal |
| |||||||
| |||||||
1 | immigration laws. This subsection shall not apply to requests | ||||||
2 | from federal, State, or local law enforcement agencies or | ||||||
3 | other governmental entities for facial recognition search | ||||||
4 | services or photographs obtained in the process of issuing a | ||||||
5 | driver's license or permit when the purpose of the request | ||||||
6 | relates to criminal activity other than violations of | ||||||
7 | immigration laws. | ||||||
8 | (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
| ||||||
9 | (625 ILCS 5/6-110.2) | ||||||
10 | Sec. 6-110.2. Confidentiality of documents submitted with | ||||||
11 | an application for a driver's license. Documents required to | ||||||
12 | be submitted with an application for a driver's license to | ||||||
13 | prove the applicant's identity (name and date of birth), | ||||||
14 | social security number or lack of a social security number , | ||||||
15 | written signature, residency, and, as applicable, citizenship | ||||||
16 | or immigration proof of lawful status and country of
| ||||||
17 | citizenship shall be confidential and shall not be disclosed | ||||||
18 | except to the following persons: | ||||||
19 | (1) the individual to whom the driver's license or | ||||||
20 | permit was issued, upon written request; | ||||||
21 | (2) officers and employees of the Secretary of State | ||||||
22 | who have a need to have access to the stored images for | ||||||
23 | purposes of issuing and controlling driver's licenses, | ||||||
24 | permits, or identification cards and investigation of | ||||||
25 | fraud or misconduct; |
| |||||||
| |||||||
1 | (3) law enforcement officials for a civil or criminal | ||||||
2 | law enforcement investigation , except as restricted
by | ||||||
3 | Section 6-110.3 ; | ||||||
4 | (4) other entities that the Secretary may authorize by | ||||||
5 | rule.
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6 | (Source: P.A. 101-326, eff. 8-9-19.) | ||||||
7 | (625 ILCS 5/6-110.3 new) | ||||||
8 | Sec. 6-110.3. Restrictions on use of information for | ||||||
9 | certain purposes. | ||||||
10 | (a) Notwithstanding any other provision of law, the | ||||||
11 | Secretary may not release or make accessible in
any manner any | ||||||
12 | highly restricted personal information as defined in Section | ||||||
13 | 1-125.9 or
personally identifying information as defined in | ||||||
14 | Section 1-159.2, provide images, photos, or
facial recognition | ||||||
15 | services as described in Section 6-110.1, or disclose | ||||||
16 | documents as described
in Section 6-110.2 to any immigration | ||||||
17 | agent as defined in Section 10 of the Illinois TRUST Act, | ||||||
18 | unless necessary
to comply with the following, to the extent | ||||||
19 | that production of such information or documents is | ||||||
20 | specifically required: | ||||||
21 | (1) a lawful court order; | ||||||
22 | (2) a judicial warrant signed by a judge appointed | ||||||
23 | pursuant to Article III of the Constitution of the United | ||||||
24 | States; or | ||||||
25 | (3) a subpoena for individual records issued by a |
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1 | federal or State court. | ||||||
2 | When responding to such a court
order, warrant, or | ||||||
3 | subpoena, the Secretary shall disclose only those documents or | ||||||
4 | information specifically
requested. Within 3 business days of | ||||||
5 | receiving such a court order, warrant, or subpoena, the
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6 | Secretary shall send a notification to the individual about | ||||||
7 | whom such information was requested that a
court order, | ||||||
8 | warrant, or subpoena was received and the identity of the | ||||||
9 | entity that presented the court
order, warrant, or subpoena. | ||||||
10 | (b) The Secretary shall not enter into or maintain any | ||||||
11 | agreement regarding the sharing of any highly
restricted | ||||||
12 | personal information as defined in Section 1-125.9, personally | ||||||
13 | identifying
information as defined in Section 1-159.2, images | ||||||
14 | or photos described in Section 6-110.1, or documents described | ||||||
15 | in Section 6-110.2 unless all other parties to such
agreement | ||||||
16 | certify that the information obtained will not be used for | ||||||
17 | civil immigration purposes or
knowingly disseminated to any | ||||||
18 | third party for any purpose related to civil immigration | ||||||
19 | enforcement. | ||||||
20 | (625 ILCS 5/6-121) | ||||||
21 | Sec. 6-121. Issuance of confidential drivers' licenses. | ||||||
22 | (a) Requirements for use of confidential drivers' | ||||||
23 | licenses. Confidential drivers' licenses may be issued to | ||||||
24 | local, state, and federal government agencies for bona fide | ||||||
25 | law enforcement purposes. The drivers' licenses may be issued |
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1 | with fictitious names and addresses, and may be used only for | ||||||
2 | confidential, investigative, or undercover law enforcement | ||||||
3 | operations. Confidential drivers' licenses may be issued as | ||||||
4 | REAL ID compliant or standard non-compliant driver's licenses. | ||||||
5 | (b) Application procedures for confidential drivers' | ||||||
6 | licenses: | ||||||
7 | (1) Applications by local, state, and federal | ||||||
8 | government agencies for confidential drivers' licenses | ||||||
9 | must be made to the Secretary of State Police Department | ||||||
10 | on a form and in a manner prescribed by the Secretary of | ||||||
11 | State Police Department. | ||||||
12 | (2) The application form must include information, as | ||||||
13 | specific as possible without compromising investigations | ||||||
14 | or techniques, setting forth the need for the drivers' | ||||||
15 | licenses and the uses to which the licenses will be | ||||||
16 | limited. | ||||||
17 | (3) The application form must be signed and verified | ||||||
18 | by the local, state, or federal government agency head or | ||||||
19 | designee. | ||||||
20 | (4) Registration information maintained by the | ||||||
21 | Secretary of State Police Department for confidential | ||||||
22 | drivers' licenses must show the fictitious names and | ||||||
23 | addresses on all records subject to public disclosure. All | ||||||
24 | other information concerning these confidential drivers' | ||||||
25 | licenses are exempt from disclosure unless the disclosure | ||||||
26 | is ordered by a court of competent jurisdiction. |
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1 | (c) Revocation and cancellation procedures for | ||||||
2 | confidential drivers' licenses: | ||||||
3 | (1) The Secretary of State Police Department may | ||||||
4 | revoke or refuse to renew confidential drivers' licenses | ||||||
5 | when they have reasonable cause to believe the licenses | ||||||
6 | are being used for purposes other than those set forth in | ||||||
7 | the application form or authorized by this Section. | ||||||
8 | Confidential drivers' licenses may also be revoked where | ||||||
9 | traffic violation citations have been issued to the driver | ||||||
10 | and subsequent investigation reveals that the issuance of | ||||||
11 | the citations was unrelated to the purposes for which the | ||||||
12 | confidential driver's license was issued. In such cases, | ||||||
13 | the citations and any resulting court orders, convictions, | ||||||
14 | supervisions or other sanctions must be treated by the | ||||||
15 | Secretary of State as though they were issued in relation | ||||||
16 | to the true driver's license of the individual to whom the | ||||||
17 | confidential driver's license was issued. | ||||||
18 | (2) A government agency must request cancellation of | ||||||
19 | confidential drivers' licenses that are no longer required | ||||||
20 | for the purposes for which they were issued. | ||||||
21 | (3) All revoked confidential drivers' licenses must be | ||||||
22 | promptly returned to the Secretary of State Police | ||||||
23 | Department by the government agency to which they were | ||||||
24 | issued.
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25 | (Source: P.A. 100-248, eff. 8-22-17.) |
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1 | (625 ILCS 5/6-122) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Sec. 6-122. Expedited driver's license. The Secretary of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | State may provide for an expedited process for the issuance of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | a driver's license , excluding temporary visitor's driver's | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | licenses . The Secretary shall charge an additional fee for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | issuance of an expedited driver's license, to be set by rule, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | not to exceed $75. All fees collected by the Secretary for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | expedited driver's license service shall be deposited into the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Secretary of State Special Services Fund. The Secretary may | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | adopt rules regarding the eligibility, process, and fee for an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | expedited driver's license.
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12 | (Source: P.A. 99-305, eff. 1-1-16 .)
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13 | Section 99. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | 2024.
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