093_HB1375ham001

 










                                     LRB093 03921 LCB 13012 a

 1                    AMENDMENT TO HOUSE BILL 1375

 2        AMENDMENT NO.     .  Amend House Bill 1375  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Victims   of   Stalking   and   Domestic   Violence   Address
 6    Confidentiality Act.

 7        Section 5.  Purposes.  The General  Assembly  finds  that
 8    persons  attempting  to  escape  from  actual  or  threatened
 9    domestic  violence or stalking frequently establish new names
10    or addresses in order to prevent their assailants or probable
11    assailants from finding them. The purpose of this Act  is  to
12    enable  State  and  local agencies to respond to requests for
13    public  records  without  disclosing  the  changed  name   or
14    location  of  a  victim  of domestic violence or stalking, to
15    enable interagency cooperation with the Attorney  General  in
16    providing  name  and  address  confidentiality for victims of
17    domestic violence or stalking, and to enable State and  local
18    agencies  to accept a program participant's use of an address
19    designated by the Attorney General as  a  substitute  mailing
20    address.

21        Section  10.  Definitions.  Unless  the  context  clearly
 
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 1    requires  otherwise,  the  definitions  in this Section apply
 2    throughout this Act:
 3        "Address" means  a  residential  street  address,  school
 4    address,  or  work  address of an individual, as specified on
 5    the individual's application  to  be  a  program  participant
 6    under this Act.
 7        "Adult person" means a person 18 years of age or older.
 8        "Domestic  violence"  means  an act as defined in Section
 9    103 of the Illinois Domestic Violence Act of 1986.
10        "Stalking" means an act as defined in Section  12-7.3  or
11    12-7.4 of the Criminal Code of 1961.
12        "Program  participant"  means  a  person  certified  as a
13    program participant under Section 20.
14        "Demonstration" means a project, 18 months  in  duration,
15    implemented  within  the  8  designated  counties  in western
16    Illinois that are designed to test the operational  integrity
17    of the address confidentiality program.
18        "Address   confidentiality  program  manager"  means  the
19    person at the Office of the Attorney General responsible  for
20    the administration of the address confidentiality program.

21        Section      15.  Address     confidentiality     program
22    administration.  Subject  to  appropriation,   the   Attorney
23    General    shall    administer    a   demonstration   address
24    confidentiality program. At the end of the  time  period  for
25    the  demonstration,  an  evaluation  shall  be  conducted  to
26    determine  whether or not the program enhances the safety and
27    security of the victims of domestic violence or stalking  and
28    if  the program design meets the needs of victims of domestic
29    violence  or  stalking.   Implementation   of   the   address
30    confidentiality  statewide  initiative shall proceed if it is
31    determined that the use of the program services warrants  the
32    cost  of  the  program  implementation and appropriations are
33    provided for this action.
 
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 1        Section 20.  Program participants.
 2        (a)  An adult person, a parent or legal  guardian  acting
 3    on behalf of a minor, or a legal guardian acting on behalf of
 4    a  person  under  legal  disability may apply to the Attorney
 5    General to have an address certified by the Attorney  General
 6    serve  as the person's address or the address of the minor or
 7    the person under legal disability. An  application  shall  be
 8    completed  in person at a designated community-based victims'
 9    assistance program.
10        The application process shall include a requirement  that
11    the  applicant  meet with a victims' assistance counselor and
12    receive  orientation  information  about  the  program.   The
13    Attorney  General shall approve an application if it is filed
14    in the manner and on the  form  prescribed  by  the  Attorney
15    General and if it contains all of the following:
16             (1)  A   sworn   statement  by  the  applicant,  and
17        witnessed by an appointed representative  of  any  agency
18        designated  in writing under Section 60 of this Act, that
19        the applicant has good reason  to  believe  both  of  the
20        following:
21                  (A)  that   the  applicant,  or  the  minor  or
22             incapacitated person on whose behalf the application
23             is  made,  is  a  victim  of  domestic  violence  or
24             stalking; and
25                  (B)  that the applicant fears for  his  or  her
26             safety  or  his  or  her  children's  safety, or the
27             safety of the minor or incapacitated person on whose
28             behalf the application is made.
29             (2)  If the applicant alleges that the basis for the
30        application is that the applicant, or the minor or person
31        under legal disability on whose behalf the application is
32        made, is a victim of domestic violence,  the  application
33        shall  be  accompanied  by  at least 2 pieces of evidence
34        including, but not limited to, any of the following:
 
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 1                  (A)  police, court, or other government  agency
 2             reports, orders, or files; or
 3                  (B)  any  other  evidence  supporting the sworn
 4             statements that provides the basis for the claim  or
 5             physical  evidence  of  the  act or acts of domestic
 6             violence or stalking from:
 7                       (i)  a domestic violence  program  if  the
 8                  person  is  alleged  to be a victim of domestic
 9                  violence;
10                       (ii)  a  legal,  medical,  or  the   other
11                  professional  from whom the applicant or person
12                  on whose behalf the  application  is  made  has
13                  sought  assistance  in dealing with the alleged
14                  domestic violence or stalking; or
15                       (iii)  any individual  with  knowledge  of
16                  the  circumstances  that provides the basis for
17                  the claim, or physical evidence of the  act  or
18                  acts of domestic violence or stalking.
19             (3)  A designation of a representative of any agency
20        designated  in writing under Section 60 of this Act as an
21        agent for purposes of service  of  process  and  for  the
22        purpose of receipt of mail.
23             (4)  The  mailing  addresses where the applicant and
24        agent can be contacted by the Attorney  General  and  the
25        phone number or numbers where the applicant can be called
26        by the Attorney General.
27             (5)  The  address  or  addresses  that the applicant
28        requests not be disclosed for the reason that  disclosure
29        will increase the risk of domestic violence or stalking.
30             (6)  The  signature  of  the  applicant  and  of any
31        individual or representative of any office designated  in
32        writing  under Section 60 who assisted in the preparation
33        of the application and the date on  which  the  applicant
34        signed the application.
 
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 1             (7)  Proof   of   a   legal   change   of  name,  as
 2        appropriate.
 3        (b)  Applications shall be filed by mail with the  office
 4    of the Attorney General.
 5        (c)  The  Attorney General shall certify the applicant as
 6    a program participant upon the filing of a properly completed
 7    application. Applicants  shall  be  certified  for  one  year
 8    following  the  date  of  filing  unless the certification is
 9    withdrawn or  invalidated  before  that  date.  The  Attorney
10    General shall by rule establish a renewal procedure.
11        (d)  A  person who falsely attests in an application that
12    disclosure of the  applicant's  address  would  endanger  the
13    applicant's  safety or the safety of the applicant's children
14    or the minor or person under legal disability on whose behalf
15    the application is made, or who knowingly provides  false  or
16    incorrect  information  upon making an application, is guilty
17    of a Class A misdemeanor. A notice shall be printed  in  bold
18    type  and  in  a  conspicuous  location  on  the  face of the
19    application informing the applicant of  the  penalties  under
20    this subsection.

21        Section 25.  Agent; service.
22        (a)  Service  on  the agent of any summons, writ, notice,
23    demand, or process shall be made by delivering to the agent 2
24    copies of the summons, writ, notice, demand, or process.
25        (b)  If a summons, writ, notice, demand,  or  process  is
26    served on the agent, the agent shall immediately cause a copy
27    to  be  forwarded  to  the program participant at the address
28    shown on the records of the address  confidentiality  program
29    so  that  the  summons,  writ,  notice, demand, or process is
30    received by the program participant  within  3  days  of  the
31    agent having received it.
32        (c)  The  agent  shall  keep  a  record of all summonses,
33    writs, notices, demands, and processes served upon the  agent
 
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 1    under this Section and shall record the time of that service.
 2    The  agent  shall  forward documentation indicating that this
 3    information is on file at the agency to the Attorney General.
 4        (d)  The Office of the Attorney  General,  any  agent  or
 5    person  employed by the Attorney General, and any agent shall
 6    be held harmless from any liability in any action brought  by
 7    any  person  injured or harmed as a result of the handling of
 8    first-class mail on behalf of program participants.

 9        Section  30.  Name  changes  of   program   participants;
10    confidential.  The  Attorney  General  and  agent  shall keep
11    confidential name changes of  program  participants  obtained
12    pursuant  to  subsection (b) of Section 21-102 of the Code of
13    Civil Procedure. The Attorney General and  agent  shall  have
14    the   same   responsibilities   and  obligations  to  program
15    participants who have obtained a name change as to any  other
16    program participant under this Act.

17        Section   35.  Termination   of   program   participant's
18    certification.
19        (a)  The  address  confidentiality  program  manager  may
20    terminate   a   program   participant's   certification   and
21    invalidate  his  or  her  authorization  card  for any of the
22    following reasons:
23             (1)  The program  participant's  certification  term
24        has  expired  and  certification  renewal  has  not  been
25        completed.
26             (2)  The address confidentiality program manager has
27        determined   that  false  information  was  used  in  the
28        application process or that participation in the  program
29        is  being  used  as  a  subterfuge  to avoid detection of
30        illegal or  criminal  activity  or  apprehension  by  law
31        enforcement.
32             (3)  The  program  participant  no longer resides at
 
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 1        the residential address listed on  the  application,  and
 2        has  not  provided  at  least  10  days'  prior notice in
 3        writing of a change in address.
 4             (4)  A service of process document or mail forwarded
 5        to the program participant by the address confidentiality
 6        program manager or agent is returned as nondeliverable.
 7             (5)  The program participant obtains  a  legal  name
 8        change and fails to notify the Attorney General within 10
 9        days.
10        (b)  If  termination  is  a result of paragraph (1), (3),
11    (4), or (5) of subsection (a),  the  address  confidentiality
12    program  manager  shall  send  written  notification  of  the
13    intended  termination to the program participant. The program
14    participant shall have 5 business days in which to appeal the
15    termination  under  procedures  developed  by  the   Attorney
16    General.
17        (c)  The  address  confidentiality  program manager shall
18    notify in writing the  county  clerk  or  board  of  election
19    commissioners  and  authorized  personnel  of the appropriate
20    county clerk's or board of  election  commissioners'  office,
21    county  recorder's  office,  the  local  department of public
22    health, and any schools attended by the  program  participant
23    or   his   or  her  children  of  the  program  participant's
24    certification withdrawal or termination.
25        (d)  Upon receipt of this termination notification, agent
26    shall transmit to the address confidentiality program manager
27    all appropriate  administrative  records  pertaining  to  the
28    program  participant  and  shall  no  longer  responsible for
29    maintaining  the  confidentiality  of  a  terminated  program
30    participant's record.
31        (e)  Following   termination   of   program   participant
32    certification as a result  of  subsection  (a),  the  address
33    confidentiality  program  manager  may  disclose  information
34    contained in the participant's application.
 
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 1        (f)  Any  records  or  documents  pertaining to a program
 2    participant shall be retained and  held  confidential  for  a
 3    period of 3 years after termination of certification and then
 4    destroyed.

 5        Section 40.  Withdrawal from program participation.
 6        (a)  A  program  participant  may  withdraw  from program
 7    participation by submitting to  the  address  confidentiality
 8    program manager written notification of withdrawal and his or
 9    16  her  current  identification card. Certification shall be
10    terminated on the date of receipt of this notification.

11        Section 45.  Designated address.
12        (a)  A program participant may  request  that  State  and
13    local  agencies  use  the  address designated by the Attorney
14    General as his or her address. When creating a public record,
15    State and local agencies shall accept the address  designated
16    by the Attorney General as a program participant's substitute
17    address,  unless  the Attorney General has determined both of
18    the following:
19             (1)  The  agency  has  a  bona  fide  statutory   or
20        administrative  requirement  for  the  use of the address
21        that would otherwise be confidential under this Act.
22             (2)  This  address  will  be  used  only  for  those
23        statutory and administrative  purposes  and  may  not  be
24        publicly disseminated.
25        (b)  A  program  participant  may  request that State and
26    local agencies use the address  designated  by  the  Attorney
27    General  as his or her address. When modifying or maintaining
28    a public record, excluding the record  of  any  birth,  fetal
29    death,  death, or marriage registered under the Vital Records
30    Act, State  and  local  agencies  shall  accept  the  address
31    designated by the Attorney General as a program participant's
32    substitute   address,   unless   the   Attorney  General  has
 
                            -9-      LRB093 03921 LCB 13012 a
 1    determined both of the following:
 2             (1)  The  agency  has  a  bona  fide  statutory   or
 3        administrative  requirement  for  the  use of the address
 4        that would otherwise be confidential under this Act.
 5             (2)  This  address  will  be  used  only  for  those
 6        statutory and administrative  purposes  and  may  not  be
 7        publicly disseminated.
 8        (c)  A program participant may use the address designated
 9    by the Attorney General as his or her work address.
10        (d)  The agent shall forward all first-class mail and all
11    mail sent by a governmental agency to the appropriate program
12    participants.  The agent shall not handle or forward packages
13    regardless of size or type of mailing.
14        (e)  Notwithstanding subsections  (a)  and  (b),  program
15    participants  shall  comply  with the provisions specified in
16    Section 6-117 of the  Illinois  Vehicle  Code  if  requesting
17    suppression  of  the  records  maintained by the Secretary of
18    State under the Illinois Vehicle Code.  Program  participants
19    shall  also  comply with all other provisions of the Illinois
20    Vehicle  Code   relating   to   providing   current   address
21    information to the Secretary of State.

22        Section  50.  Confidential voting.  A program participant
23    who is otherwise qualified to vote may seek to  register  and
24    vote  in  a  confidential manner under Section 4-34, 5-44, or
25    6-81 of the Election Code.

26        Section 55.  Confidential records.  Neither the  Attorney
27    General  nor  agent may make a program participant's address,
28    other than the address designated by the Attorney General, or
29    a program participant's name change available for  inspection
30    or copying, except under any of the following circumstances:
31        (1)  If requested by a law enforcement agency, to the law
32    enforcement agency.
 
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 1        (2)  If directed by a court order, to a person identified
 2    in the order.
 3        (3)  If certification has been canceled.

 4        Section   60.  Assistance   from   other   agencies.  The
 5    Attorney General shall designate State and local agencies and
 6    nonprofit   agencies  that  provide  counseling  and  shelter
 7    services to victims  of  domestic  violence  or  stalking  to
 8    assist  persons  applying  to  be  program  participants. Any
 9    assistance and counseling  rendered  by  the  Office  of  the
10    Attorney  General  or its designees to applicants shall in no
11    way be construed as legal advice.

12        Section 65.  Rules.  The Attorney General may adopt rules
13    to facilitate the administration of this  Act  by  State  and
14    local agencies.

15        Section 70.  Report to the General Assembly.
16        (a)  The  Attorney  General  shall  submit to the General
17    Assembly, no later than January 10 of  each  year,  a  report
18    that  includes  the total number of applications received for
19    the  program  established  by  this  Act.  The  report  shall
20    disclose the  number  of  program  participants  within  each
21    county  and  shall  also  describe  any allegations of misuse
22    relating to election purposes.
23        (b)  The  Attorney  General  shall   commence   accepting
24    applications  and other activities under this program on July
25    1, 2004.
26        (c)  The Attorney General shall submit a  report  to  the
27    General  Assembly  by January 1, 2010 that includes the total
28    number of pieces of mail forwarded to  program  participants,
29    the  number  of  program  participants  during  the program's
30    duration, the number of program participants who  obtained  a
31    confidential  name  change  under  subsection  (b) of Section
 
                            -11-     LRB093 03921 LCB 13012 a
 1    21-102 of the Code of Civil Procedure, the average length  of
 2    time  a  participant remains in the program, and the targeted
 3    Act changes needed to improve the  program's  efficiency  and
 4    cost-effectiveness.

 5        Section  75.  Repeal.  This Act is repealed on January 1,
 6    2014.

 7        Section 105. The  Election  Code  is  amended  by  adding
 8    Sections 4-34, 5-44, and 6-81 as follows:

 9        (10 ILCS 5/4-34 new)
10        Sec. 4-34. Confidential registration.
11        (a)  Any  person  filing  with  the  county  clerk  a new
12    affidavit of registration or  re-registration  may  have  the
13    information   relating   to  his  or  her  residence  address
14    appearing on the affidavit of registration, or any registrant
15    list or roster or index prepared  from  that  list,  declared
16    confidential  upon  presentation  of  certification  that the
17    person is a participant in the  Address  Confidentiality  for
18    Victims  of  Domestic Violence and Stalking program under the
19    Victims   of   Stalking   and   Domestic   Violence   Address
20    Confidentiality Act.
21        (b) Any person granted confidentiality  under  subsection
22    (a) shall:
23             (1)  Be   considered   an   absent   voter  for  all
24        subsequent  elections  or  until  the  county  clerk   is
25        notified  otherwise by the Attorney General or in writing
26        by the voter. A voter requesting  termination  of  absent
27        voter   status  under  this  paragraph  (1)  consents  to
28        placement  of  his  or  her  residence  address  on   the
29        registration   record   card   or   computer-based  voter
30        registration file.
31             (2)  In addition to the required residence  address,
 
                            -12-     LRB093 03921 LCB 13012 a
 1        provide  a  valid  mailing address to be used in place of
 2        the residence address for election purposes.  The  county
 3        clerk,  in  producing  any list, roster, or index may, at
 4        his or her choice, use the valid mailing address  or  the
 5        word  "confidential" or some similar designation in place
 6        of the residence address.
 7        (c)  No action in negligence may  be  maintained  against
 8    any  government entity or officer or employee of a government
 9    entity as a result of disclosure of the information  that  is
10    the  subject  of  this  Section  unless by a showing of gross
11    negligence or willfulness.
12        (d)  Subsections (a) and (b) do not apply to  any  person
13    granted confidentiality upon receipt by the county clerk of a
14    written notice by the address confidentiality program manager
15    of  the  withdrawal, invalidation, expiration, or termination
16    of the program participant's certification.
17        (e) This Section is repealed on January 1, 2014.

18        (10 ILCS 5/5-44 new)
19        Sec. 5-44. Confidential registration.
20        (a) Any  person  filing  with  the  county  clerk  a  new
21    affidavit  of  registration  or  re-registration may have the
22    information  relating  to  his  or  her   residence   address
23    appearing on the affidavit of registration, or any registrant
24    list  or  roster  or  index prepared from that list, declared
25    confidential upon  presentation  of  certification  that  the
26    person  is  a  participant in the Address Confidentiality for
27    Victims of Domestic Violence and Stalking program  under  the
28    Victims   of   Stalking   and   Domestic   Violence   Address
29    Confidentiality Act.
30        (b)  Any  person granted confidentiality under subsection
31    (a) shall:
32             (1) Be considered an absent voter for all subsequent
33        elections or until the county clerk is notified otherwise
 
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 1        by the Attorney General or in writing  by  the  voter.  A
 2        voter requesting termination of absent voter status under
 3        this  paragraph  (1)  consents to placement of his or her
 4        residence address on  the  registration  record  card  or
 5        computer-based voter registration file.
 6             (2)  In  addition to the required residence address,
 7        provide a valid mailing address to be used  in  place  of
 8        the residence address for election purposes.
 9        The county clerk, in producing any list, roster, or index
10    may,  at  his or her choice, use the valid mailing address or
11    the word "confidential" or some similar designation in  place
12    of the residence address.
13        (c)  No  action  in  negligence may be maintained against
14    any government entity or officer or employee of a  government
15    entity  as  a result of disclosure of the information that is
16    the subject of this Section unless  by  a  showing  of  gross
17    negligence or willfulness.
18        (d)  Subsections  (a)  and (b) do not apply to any person
19    granted confidentiality upon receipt by the county clerk of a
20    written notice by the address confidentiality program manager
21    of the withdrawal, invalidation, expiration,  or  termination
22    of the program participant's certification.
23        (e) This Section is repealed on January 1, 2014.

24        (10 ILCS 5/6-81 new)
25        Sec. 6-81. Confidential registration.
26        (a)  Any   person  filing  with  the  Board  of  election
27    Commissioners   a   new   affidavit   of   registration    or
28    re-registration  may  have the information relating to his or
29    her  residence  address  appearing  on   the   affidavit   of
30    registration,  or  any  registrant  list  or  roster or index
31    prepared  from  that   list,   declared   confidential   upon
32    presentation   of   certification   that   the  person  is  a
33    participant in the Address  Confidentiality  for  Victims  of
 
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 1    Domestic  Violence  and Stalking program under the Victims of
 2    Stalking and Domestic Violence Address Confidentiality Act.
 3        (b) Any person granted confidentiality  under  subsection
 4    (a) shall:
 5             (1)  Be   considered   an   absent   voter  for  all
 6        subsequent elections or   until  the  Board  of  Election
 7        Commissioners  is  notified  otherwise  by  the  Attorney
 8        General  or  in  writing by the voter. A voter requesting
 9        termination of absent voter status under  this  paragraph
10        (1) consents to placement of his or her residence address
11        on  the  registration record card or computer-based voter
12        registration file.
13             (2)  In addition to the required residence  address,
14        provide  a  valid  mailing address to be used in place of
15        the residence address for election purposes. The Board of
16        Election Commissioners, in producing any list, roster, or
17        index may, at his or her choice, use  the  valid  mailing
18        address  or  the  word  "confidential"  or  some  similar
19        designation in place of the residence address.
20        (c)  No  action  in  negligence may be maintained against
21    any government entity or officer or employee of a  government
22    entity  as  a result of disclosure of the information that is
23    the subject of this Section unless  by  a  showing  of  gross
24    negligence or willfulness.
25        (d)  Subsections  (a)  and (b) do not apply to any person
26    granted confidentiality upon receipt by the county clerk of a
27    written notice by the address confidentiality program manager
28    of the withdrawal, invalidation, expiration,  or  termination
29    of the program participant's certification.
30        (e) This Section is repealed on January 1, 2014.

31        Section  110.  The  Illinois  Vehicle  Code is amended by
32    changing Section 2-123 as follows:
 
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 1        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
 2        Sec. 2-123.  Sale and Distribution of Information.
 3        (a)  Except as otherwise provided in  this  Section,  the
 4    Secretary  may  make  the driver's license, vehicle and title
 5    registration lists, in part or in whole, and any  statistical
 6    information  derived  from  these  lists  available  to local
 7    governments,  elected  state  officials,  state   educational
 8    institutions,  and  all other governmental units of the State
 9    and  Federal  Government  requesting  them  for  governmental
10    purposes. The Secretary shall require any such applicant  for
11    services to pay for the costs of furnishing such services and
12    the  use  of  the  equipment  involved,  and  in  addition is
13    empowered to establish prices and charges for the services so
14    furnished  and  for  the  use  of  the  electronic  equipment
15    utilized.
16        (b)  The Secretary is further empowered to and he may, in
17    his discretion, furnish to any applicant, other  than  listed
18    in  subsection (a) of this Section, vehicle or driver data on
19    a computer tape, disk, other electronic  format  or  computer
20    processable  medium,  or  printout  at a fixed fee of $250 in
21    advance and require in addition a further sufficient  deposit
22    based  upon  the  Secretary  of State's estimate of the total
23    cost of the information requested and a  charge  of  $25  per
24    1,000  units  or  part thereof identified or the actual cost,
25    whichever is greater. The Secretary is authorized  to  refund
26    any  difference between the additional deposit and the actual
27    cost of the request.  This service shall not be in lieu of an
28    abstract of a driver's record nor of a title or  registration
29    search.  This service may be limited to entities purchasing a
30    minimum number of records as required by administrative rule.
31    The information sold pursuant to this subsection shall be the
32    entire  vehicle  or  driver  data list, or part thereof.  The
33    information  sold  pursuant  to  this  subsection  shall  not
34    contain  personally  identifying   information   unless   the
 
                            -16-     LRB093 03921 LCB 13012 a
 1    information  is to be used for one of the purposes identified
 2    in subsection (f-5) of this Section.   Commercial  purchasers
 3    of  driver  and  vehicle  record databases shall enter into a
 4    written agreement with the Secretary of State  that  includes
 5    disclosure  of  the  commercial  use of the information to be
 6    purchased.
 7        (c)  Secretary of State  may  issue  registration  lists.
 8    The  Secretary  of  State shall compile and publish, at least
 9    annually, a list of all registered vehicles.   Each  list  of
10    registered  vehicles  shall be arranged serially according to
11    the registration numbers assigned to registered vehicles  and
12    shall   contain  in  addition  the  names  and  addresses  of
13    registered owners and a brief  description  of  each  vehicle
14    including  the  serial  or  other identifying number thereof.
15    Such compilation may be in such form as in the discretion  of
16    the  Secretary  of  State  may  seem  best  for  the purposes
17    intended.
18        (d)  The Secretary of State shall furnish no more than  2
19    current available lists of such registrations to the sheriffs
20    of all counties and to the chiefs of police of all cities and
21    villages and towns of 2,000 population and over in this State
22    at  no  cost.   Additional  copies  may  be  purchased by the
23    sheriffs or chiefs of police at the fee of $500  each  or  at
24    the cost of producing the list as determined by the Secretary
25    of  State.   Such  lists  are  to  be  used  for governmental
26    purposes only.
27        (e)  (Blank).
28        (e-1)  (Blank).
29        (f)  The  Secretary  of  State  shall  make  a  title  or
30    registration search of  the  records  of  his  office  and  a
31    written  report  on  the  same  for  any person, upon written
32    application of such person, accompanied by a fee  of  $5  for
33    each  registration  or title search.  The written application
34    shall  set  forth  the  intended   use   of   the   requested
 
                            -17-     LRB093 03921 LCB 13012 a
 1    information.   No  fee  shall  be  charged  for  a  title  or
 2    registration   search,   or  for  the  certification  thereof
 3    requested by a government agency.  The report of the title or
 4    registration search shall not contain personally  identifying
 5    information  unless the request for a search was made for one
 6    of the  purposes  identified  in  subsection  (f-5)  of  this
 7    Section.
 8        The   Secretary   of  State  shall  certify  a  title  or
 9    registration  record  upon  written  request.  The  fee   for
10    certification shall be $5 in addition to the fee required for
11    a  title  or registration search. Certification shall be made
12    under the signature of the Secretary of State  and  shall  be
13    authenticated by Seal of the Secretary of State.
14        The  Secretary  of  State may notify the vehicle owner or
15    registrant of the  request  for  purchase  of  his  title  or
16    registration information as the Secretary deems appropriate.
17        No  information  shall be released to the requestor until
18    expiration of a 10 day period.  This 10 day period shall  not
19    apply  to  requests  for  information made by law enforcement
20    officials,  government  agencies,   financial   institutions,
21    attorneys,   insurers,   employers,   automobile   associated
22    businesses,  persons licensed as a private detective or firms
23    licensed as a private  detective  agency  under  the  Private
24    Detective,  Private  Alarm, and Private Security Act of 1983,
25    who  are  employed  by  or  are  acting  on  behalf  of   law
26    enforcement   officials,   government   agencies,   financial
27    institutions,   attorneys,  insurers,  employers,  automobile
28    associated  businesses,  and  other  business  entities   for
29    purposes  consistent  with  the  Illinois  Vehicle  Code, the
30    vehicle  owner  or  registrant  or  other  entities  as   the
31    Secretary may exempt by rule and regulation.
32        Any  misrepresentation  made  by  a requestor of title or
33    vehicle information shall be punishable as a  petty  offense,
34    except in the case of persons licensed as a private detective
 
                            -18-     LRB093 03921 LCB 13012 a
 1    or  firms  licensed as a private detective agency which shall
 2    be subject to disciplinary sanctions under Section 22  or  25
 3    of the Private Detective, Private Alarm, and Private Security
 4    Act of 1983.
 5        (f-5)  The  Secretary  of  State  shall  not  disclose or
 6    otherwise  make  available  to  any  person  or  entity   any
 7    personally  identifying information obtained by the Secretary
 8    of State in connection with a driver's license,  vehicle,  or
 9    title registration record unless the information is disclosed
10    for one of the following purposes:
11             (1)  For use by any government agency, including any
12        court  or  law  enforcement  agency,  in carrying out its
13        functions, or any private  person  or  entity  acting  on
14        behalf  of  a federal, State, or local agency in carrying
15        out its functions.
16             (2)  For use in connection  with  matters  of  motor
17        vehicle   or  driver  safety  and  theft;  motor  vehicle
18        emissions; motor vehicle product alterations, recalls, or
19        advisories; performance  monitoring  of  motor  vehicles,
20        motor   vehicle   parts,  and  dealers;  and  removal  of
21        non-owner records from  the  original  owner  records  of
22        motor vehicle manufacturers.
23             (3)  For  use  in the normal course of business by a
24        legitimate  business  or  its   agents,   employees,   or
25        contractors, but only:
26                  (A)  to   verify   the   accuracy  of  personal
27             information  submitted  by  an  individual  to   the
28             business  or  its agents, employees, or contractors;
29             and
30                  (B)  if such information as so submitted is not
31             correct or is  no  longer  correct,  to  obtain  the
32             correct  information,  but  only for the purposes of
33             preventing  fraud  by,   pursuing   legal   remedies
34             against,   or  recovering  on  a  debt  or  security
 
                            -19-     LRB093 03921 LCB 13012 a
 1             interest against, the individual.
 2             (4)  For use in research activities and for  use  in
 3        producing   statistical   reports,   if   the  personally
 4        identifying information is not published, redisclosed, or
 5        used to contact individuals.
 6             (5)  For use in connection with any civil, criminal,
 7        administrative, or arbitral proceeding  in  any  federal,
 8        State,   or   local   court   or  agency  or  before  any
 9        self-regulatory body, including the service  of  process,
10        investigation  in  anticipation  of  litigation,  and the
11        execution or enforcement  of  judgments  and  orders,  or
12        pursuant to an order of a federal, State, or local court.
13             (6)  For  use  by  any  insurer or insurance support
14        organization or by a self-insured entity or  its  agents,
15        employees,  or  contractors  in  connection  with  claims
16        investigation  activities,  antifraud activities, rating,
17        or underwriting.
18             (7)  For use in providing notice to  the  owners  of
19        towed or impounded vehicles.
20             (8)  For  use by any private investigative agency or
21        security service licensed in  Illinois  for  any  purpose
22        permitted under this subsection.
23             (9)  For  use by an employer or its agent or insurer
24        to obtain or verify information relating to a holder of a
25        commercial  driver's  license  that  is  required   under
26        chapter 313 of title 49 of the United States Code.
27             (10)  For  use  in  connection with the operation of
28        private toll transportation facilities.
29             (11)  For use by any  requester,  if  the  requester
30        demonstrates  it  has obtained the written consent of the
31        individual to whom the information pertains.
32             (12)  For use by  members  of  the  news  media,  as
33        defined   in   Section   1-148.5,   for  the  purpose  of
34        newsgathering when the request relates to  the  operation
 
                            -20-     LRB093 03921 LCB 13012 a
 1        of a motor vehicle or public safety.
 2             (13)  For  any  other use specifically authorized by
 3        law, if that use is related to the operation of  a  motor
 4        vehicle or public safety.
 5        (f-6)  Notwithstanding   the   provisions  of  subsection
 6    (f-5), any residence address obtained  by  the  Secretary  of
 7    State  in  connection  with  a  driver's license, vehicle, or
 8    title registration record is  confidential  and  may  not  be
 9    disclosed to any person, except:
10             (1)  A  court,  law  enforcement  agency,  or  other
11        government  agency, or as authorized in clauses (2), (3),
12        (4), (5), (6), or (7) of this subsection (f-6).
13             (2)  A financial institution licensed by  the  State
14        or  federal  government to do business in this State that
15        states under penalty of perjury that it  has  obtained  a
16        written  waiver  from  the  confidentiality provisions of
17        this subsection (f-6)  signed  by  the  individual  whose
18        address   is   requested,   except   that  the  financial
19        institution may provide the address of any person who has
20        entered into an agreement held by that institution  prior
21        to  the effective date of this amendatory Act of the 93rd
22        General Assembly, so long as that  agreement  remains  in
23        effect.
24             (3)  An insurance company licensed to do business in
25        this  State  when  the company, under penalty of perjury,
26        requests the information for the purpose of obtaining the
27        address of another motorist or vehicle owner involved  in
28        an  accident  with  the company's insured or requests the
29        information on an individual who  has  signed  a  written
30        waiver  of  this  subsection  (f-6)  or  the  individuals
31        insured  under a policy if a named insured of that policy
32        has signed a written waiver.
33             (4)  An attorney when  the  attorney  states,  under
34        penalty  of  perjury,  that  the motor vehicle registered
 
                            -21-     LRB093 03921 LCB 13012 a
 1        owner  or  driver  residential  address  information   is
 2        necessary  in  order  to represent his or her client in a
 3        criminal or civil action which directly involves the  use
 4        of  the motor vehicle or vessel that is pending, is to be
 5        filed, or is being  investigated.  Information  requested
 6        under this clause (4) is subject to all of the following:
 7                  (A)  The attorney shall state that the criminal
 8             or  civil action that is pending, is to be filed, or
 9             is being investigated relates directly to the use of
10             that motor vehicle.
11                  (B)  The case number, if any, or the  names  of
12             expected parties to the extent they are known to the
13             attorney requesting the information, shall be listed
14             on the request.
15                  (C)  A  residence  address  obtained  from  the
16             Secretary  of  State may not be used for any purpose
17             other than in  furtherance  of  the  case  cited  or
18             action to be filed or which is being investigated.
19                  (D)  If  no action is filed within a reasonable
20             time, the residence  address  information  shall  be
21             destroyed.
22                  (E)  An  attorney  may  not  request  residence
23             address  information  under this clause (4) in order
24             to sell the information to any person.
25                  (F)  Within 10 days of receipt  of  a  request,
26             the Secretary of State shall notify every individual
27             whose  residence  address  has  been requested under
28             this clause (4).
29        (5)  A vehicle manufacturer licensed to  do  business  in
30    this  State  if the manufacturer, or its agent, under penalty
31    of perjury, requests and uses the information  only  for  the
32    purpose  of  safety, warranty, emission, or product recall if
33    the manufacturer offers to make and makes any changes  at  no
34    cost to the vehicle owner.
 
                            -22-     LRB093 03921 LCB 13012 a
 1        (6)    A  dealer licensed to do business in this State if
 2    the dealer, or its agent, under penalty of perjury,  requests
 3    and  uses  the information only for the purpose of completing
 4    registration transactions and documents.
 5        (7)   A person who, under penalty  of  perjury,  requests
 6    and uses the information and makes a written assurance to the
 7    Secretary  of  State that the information will be used solely
 8    for statistical research or reporting purposes, but  only  if
 9    the  information  to  be disclosed is in a form that will not
10    identify any individual and if the request specifies that  no
11    persons will be contacted by mail or otherwise at the address
12    included  with  the  information  released.  The  information
13    released  by the Secretary of State under this clause (7) may
14    not be in a form that identifies  any  person.    Residential
15    addresses  released under this clause (7) may not be used for
16    direct marketing or solicitation  for  the  purchase  of  any
17    consumer product or service.
18        (f-7)  Any  registration  or driver's license record of a
19    person may be suppressed from any other person, except  those
20    persons   specified   in  subsection  (f-6),  if  the  person
21    requesting the suppression submits verification acceptable to
22    the Secretary of State that he or she has reasonable cause to
23    believe either of the following:
24             (1)  that he or she is the subject of stalking; and
25             (2)  that there exists a threat of  death  or  great
26        bodily injury to his or her person.
27        Upon   suppression   of   a   record,  each  request  for
28    information about that record  shall  be  authorized  by  the
29    subject  of  the  record  or  verified as legitimate by other
30    investigative means by the  Secretary  of  State  before  the
31    information is released.
32        (g) 1.  The  Secretary  of  State  may, upon receipt of a
33        written request and a fee of $6, furnish to the person or
34        agency so requesting a driver's  record.   Such  document
 
                            -23-     LRB093 03921 LCB 13012 a
 1        may   include  a  record  of:  current  driver's  license
 2        issuance information,  except  that  the  information  on
 3        judicial  driving  permits  shall  be  available  only as
 4        otherwise provided  by  this  Code;  convictions;  orders
 5        entered  revoking,  suspending  or  cancelling a driver's
 6        license  or  privilege;   and   notations   of   accident
 7        involvement.   All  other  information,  unless otherwise
 8        permitted  by  this  Code,  shall  remain   confidential.
 9        Information released pursuant to a request for a driver's
10        record   shall   not   contain   personally   identifying
11        information,  unless  the request for the driver's record
12        was made for one of the purposes set forth in  subsection
13        (f-5) of this Section.
14             2.  The  Secretary  of State may certify an abstract
15        of a  driver's  record  upon  written  request  therefor.
16        Such  certification  shall be made under the signature of
17        the Secretary of State and shall be authenticated by  the
18        Seal of his office.
19             3.  All  requests  for  driving  record  information
20        shall be made in a manner prescribed by the Secretary and
21        shall  set  forth  the  intended  use  of  the  requested
22        information.
23             The  Secretary  of  State  may  notify  the affected
24        driver of the request for purchase of his driver's record
25        as the Secretary deems appropriate.
26             No information shall be released  to  the  requester
27        until  expiration of a 10 day period.  This 10 day period
28        shall not apply to requests for information made  by  law
29        enforcement  officials,  government  agencies,  financial
30        institutions,  attorneys, insurers, employers, automobile
31        associated businesses,  persons  licensed  as  a  private
32        detective or firms licensed as a private detective agency
33        under  the  Private Detective, Private Alarm, and Private
34        Security Act of 1983, who are employed by or  are  acting
 
                            -24-     LRB093 03921 LCB 13012 a
 1        on   behalf  of  law  enforcement  officials,  government
 2        agencies, financial  institutions,  attorneys,  insurers,
 3        employers,  automobile  associated  businesses, and other
 4        business  entities  for  purposes  consistent  with   the
 5        Illinois  Vehicle  Code,  the  affected  driver  or other
 6        entities  as  the  Secretary  may  exempt  by  rule   and
 7        regulation.
 8             Any  misrepresentation made by a requestor of driver
 9        information shall  be  punishable  as  a  petty  offense,
10        except  in  the  case  of  persons  licensed as a private
11        detective or firms licensed as a private detective agency
12        which shall be subject to  disciplinary  sanctions  under
13        Section 22 or 25 of the Private Detective, Private Alarm,
14        and Private Security Act of 1983.
15             4.  The  Secretary of State may furnish without fee,
16        upon the written request of a law enforcement agency, any
17        information from a  driver's  record  on  file  with  the
18        Secretary  of  State when such information is required in
19        the enforcement of this Code or any other law relating to
20        the operation of motor  vehicles,  including  records  of
21        dispositions; documented information involving the use of
22        a   motor   vehicle;  whether  such  individual  has,  or
23        previously had, a driver's license; and the  address  and
24        personal   description  as  reflected  on  said  driver's
25        record.
26             5.  Except as otherwise provided  in  this  Section,
27        the   Secretary   of  State  may  furnish,  without  fee,
28        information from an individual driver's record  on  file,
29        if  a written request therefor is submitted by any public
30        transit  system  or  authority,  public   defender,   law
31        enforcement  agency,  a  state  or  federal agency, or an
32        Illinois  local  intergovernmental  association,  if  the
33        request is for the  purpose  of  a  background  check  of
34        applicants  for employment with the requesting agency, or
 
                            -25-     LRB093 03921 LCB 13012 a
 1        for the purpose of an official investigation conducted by
 2        the agency, or to determine a  current  address  for  the
 3        driver  so  public  funds can be recovered or paid to the
 4        driver, or for any other purpose set forth in  subsection
 5        (f-5) of this Section.
 6             The  Secretary may also furnish the courts a copy of
 7        an abstract of a driver's record, without fee, subsequent
 8        to an arrest for a  violation  of  Section  11-501  or  a
 9        similar  provision  of  a local ordinance.  Such abstract
10        may   include   records   of   dispositions;   documented
11        information involving the  use  of  a  motor  vehicle  as
12        contained  in  the  current file; whether such individual
13        has, or previously  had,  a  driver's  license;  and  the
14        address  and  personal  description  as reflected on said
15        driver's record.
16             6.  Any certified abstract issued by  the  Secretary
17        of  State  or transmitted electronically by the Secretary
18        of State pursuant to this  Section,  to  a  court  or  on
19        request  of a law enforcement agency, for the record of a
20        named person as to the status of  the  person's  driver's
21        license  shall  be  prima  facie  evidence  of  the facts
22        therein stated and if the name appearing in such abstract
23        is the same as that of a person named in  an  information
24        or  warrant,  such abstract shall be prima facie evidence
25        that the person named in such information or  warrant  is
26        the  same person as the person named in such abstract and
27        shall be admissible for any prosecution under  this  Code
28        and be admitted as proof of any prior conviction or proof
29        of  records,  notices,  or  orders recorded on individual
30        driving records maintained by the Secretary of State.
31             7.  Subject to any  restrictions  contained  in  the
32        Juvenile  Court Act of 1987, and upon receipt of a proper
33        request and a fee of $6, the  Secretary  of  State  shall
34        provide  a driver's record to the affected driver, or the
 
                            -26-     LRB093 03921 LCB 13012 a
 1        affected  driver's  attorney,  upon  verification.   Such
 2        record shall contain all the information referred  to  in
 3        paragraph  1  of  this  subsection (g) plus: any recorded
 4        accident involvement as a  driver;  information  recorded
 5        pursuant to subsection (e) of Section 6-117 and paragraph
 6        (4) of subsection (a) of Section 6-204 of this Code.  All
 7        other  information,  unless  otherwise  permitted by this
 8        Code, shall remain confidential.
 9        (h)  The Secretary shall  not  disclose  social  security
10    numbers  except pursuant to a written request by, or with the
11    prior written consent  of,  the  individual  except:  (1)  to
12    officers  and  employees  of the Secretary who have a need to
13    know the social security  numbers  in  performance  of  their
14    official  duties,  (2)  to  law  enforcement  officials for a
15    lawful, civil or criminal law enforcement investigation,  and
16    if  the head of the law enforcement agency has made a written
17    request to  the  Secretary  specifying  the  law  enforcement
18    investigation for which the social security numbers are being
19    sought,    (3)   to   the   United   States   Department   of
20    Transportation,  or  any  other  State,   pursuant   to   the
21    administration   and  enforcement  of  the  Commercial  Motor
22    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
23    court  of competent jurisdiction, or (5) to the Department of
24    Public Aid for utilization in the child  support  enforcement
25    duties  assigned  to  that Department under provisions of the
26    Public Aid Code after the individual  has  received  advanced
27    meaningful notification of what redisclosure is sought by the
28    Secretary in accordance with the federal Privacy Act.
29        (i)  (Blank).
30        (j)  Medical  statements  or  medical reports received in
31    the Secretary of State's Office shall  be  confidential.   No
32    confidential  information may be open to public inspection or
33    the  contents  disclosed  to  anyone,  except  officers   and
34    employees  of  the  Secretary  who  have  a  need to know the
 
                            -27-     LRB093 03921 LCB 13012 a
 1    information contained in the medical reports and  the  Driver
 2    License  Medical  Advisory  Board,  unless  so directed by an
 3    order of a court of competent jurisdiction.
 4        (k)  All fees collected under this Section shall be  paid
 5    into  the  Road Fund of the State Treasury, except that $3 of
 6    the $6 fee for a driver's  record  shall  be  paid  into  the
 7    Secretary of State Special Services Fund.
 8        (l)  (Blank).
 9        (m)  Notations   of  accident  involvement  that  may  be
10    disclosed under this  Section  shall  not  include  notations
11    relating  to  damage  to  a  vehicle  or other property being
12    transported by a tow truck.  This  information  shall  remain
13    confidential,  provided  that  nothing in this subsection (m)
14    shall  limit  disclosure  of  any  notification  of  accident
15    involvement to any law enforcement agency or official.
16        (n)  Requests  made  by  the  news  media  for   driver's
17    license,  vehicle,  or  title registration information may be
18    furnished  without  charge  or  at  a  reduced   charge,   as
19    determined  by  the  Secretary, when the specific purpose for
20    requesting the documents  is  deemed  to  be  in  the  public
21    interest.   Waiver  or  reduction of the fee is in the public
22    interest if the principal purpose of the request is to access
23    and disseminate information regarding the health, safety, and
24    welfare or the legal rights of the general public and is  not
25    for the principal purpose of gaining a personal or commercial
26    benefit. The information provided pursuant to this subsection
27    shall  not  contain personally identifying information unless
28    the information is  to  be  used  for  one  of  the  purposes
29    identified in subsection (f-5) of this Section.
30        (o)  The    redisclosure    of   personally   identifying
31    information obtained pursuant to this Section is  prohibited,
32    except  to the extent necessary to effectuate the purpose for
33    which  the  original  disclosure  of  the   information   was
34    permitted.
 
                            -28-     LRB093 03921 LCB 13012 a
 1        (p)  The  Secretary  of State is empowered to adopt rules
 2    to effectuate this Section.
 3    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
 4    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
 5    7-11-02.)

 6        Section 115. The Code of Civil Procedure  is  amended  by
 7    changing Section 21-102 as follows:

 8        (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
 9        Sec. 21-102. Petition.
10        (a)  The petition shall set forth the name then held, the
11    name  sought  to be assumed, the residence of the petitioner,
12    the length of time the petitioner has resided in this  State,
13    and  the  state  or  country  of the petitioner's nativity or
14    supposed nativity.  The  petition  shall  be  signed  by  the
15    person  petitioning  or,  in case of minors, by the parent or
16    guardian having the legal custody of the minor.  The petition
17    shall be verified by the affidavit of some credible person.
18        (b)  When the petition for a change of name alleges  that
19    the reason for the petition is to avoid domestic violence, as
20    defined  in Section 103 of the Illinois Domestic Violence Act
21    of 1986, or stalking, as defined in Section 12-7.3 or  12-7.4
22    of  the  Criminal  Code  of  1961,  and  the  petitioner is a
23    participant in the address  confidentiality  program  created
24    under  the  Victims of Stalking and Domestic Violence Address
25    Confidentiality Act, the petition, the order  of  the  court,
26    and  the  notice  of  publication  in  Section  21-103 shall,
27    instead of reciting the  proposed  name,  indicate  that  the
28    proposed  name  is  confidential and will be on file with the
29    Attorney  General  under  the  provisions  of   the   address
30    confidentiality program created under the Victims of Stalking
31    and Domestic Violence Address Confidentiality Act.
32    (Source: P.A. 87-409.)".