Illinois General Assembly - Full Text of SB2903
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Full Text of SB2903  102nd General Assembly

SB2903 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2903

 

Introduced 5/21/2021, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/12  from Ch. 124, par. 32
730 ILCS 125/26.1 new

    Amends the Illinois Identification Card Act. Provides that the Secretary of State shall issue a standard Illinois Identification Card to a committed person upon release from the county jail or County Department of Corrections, if the released person presents a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary, and 2 documents proving his or her Illinois residence address. Provides that the Secretary shall not charge a fee for the card. Amends the County Jail Act. Provides that upon the release of a prisoner or detainee from the County Department of Corrections or county jail, the County Department or sheriff may provide the person who has met the criteria established by the Department or sheriff with an identification card identifying the person as being released from the County Department of Corrections or county jail. Provides that the County Department or sheriff may require the prisoner or detainee to pay a $1 fee for the identification card.


LRB102 18596 RLC 26917 b

 

 

A BILL FOR

 

SB2903LRB102 18596 RLC 26917 b

1    AN ACT concerning identification.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 4 and 12 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.

 

 

SB2903- 2 -LRB102 18596 RLC 26917 b

1As used in this Act, "photograph" means any color photograph
2or digitally produced and captured image of an applicant for
3an identification card. As used in this Act, "signature" means
4the name of a person as written by that person and captured in
5a manner acceptable to the Secretary of State.
6    (a-5) If an applicant for an identification card has a
7current driver's license or instruction permit issued by the
8Secretary of State, the Secretary may require the applicant to
9utilize the same residence address and name on the
10identification card, driver's license, and instruction permit
11records maintained by the Secretary. The Secretary may
12promulgate rules to implement this provision.
13    (a-10) If the applicant is a judicial officer as defined
14in Section 1-10 of the Judicial Privacy Act or a peace officer,
15the applicant may elect to have his or her office or work
16address listed on the card instead of the applicant's
17residence or mailing address. The Secretary may promulgate
18rules to implement this provision. For the purposes of this
19subsection (a-10), "peace officer" means any person who by
20virtue of his or her office or public employment is vested by
21law with a duty to maintain public order or to make arrests for
22a violation of any penal statute of this State, whether that
23duty extends to all violations or is limited to specific
24violations.
25    (a-15) The Secretary of State may provide for an expedited
26process for the issuance of an Illinois Identification Card.

 

 

SB2903- 3 -LRB102 18596 RLC 26917 b

1The Secretary shall charge an additional fee for the expedited
2issuance of an Illinois Identification Card, to be set by
3rule, not to exceed $75. All fees collected by the Secretary
4for expedited Illinois Identification Card service shall be
5deposited into the Secretary of State Special Services Fund.
6The Secretary may adopt rules regarding the eligibility,
7process, and fee for an expedited Illinois Identification
8Card. If the Secretary of State determines that the volume of
9expedited identification card requests received on a given day
10exceeds the ability of the Secretary to process those requests
11in an expedited manner, the Secretary may decline to provide
12expedited services, and the additional fee for the expedited
13service shall be refunded to the applicant.
14    (a-20) The Secretary of State shall issue a standard
15Illinois Identification Card to a committed person upon
16release on parole, mandatory supervised release, aftercare
17release, final discharge, or pardon from the Department of
18Corrections or Department of Juvenile Justice or to a prisoner
19or detainee upon release from the county jail or County
20Department of Corrections, if the released person presents a
21certified copy of his or her birth certificate, social
22security card or other documents authorized by the Secretary,
23and 2 documents proving his or her Illinois residence address.
24Documents proving residence address may include any official
25document of the Department of Corrections, or the Department
26of Juvenile Justice, County Department of Corrections, or

 

 

SB2903- 4 -LRB102 18596 RLC 26917 b

1county jail showing the released person's address after
2release and a Secretary of State prescribed certificate of
3residency form, which may be executed by Department of
4Corrections, or Department of Juvenile Justice, County
5Department of Corrections, or county jail personnel.
6    (a-25) The Secretary of State shall issue a limited-term
7Illinois Identification Card valid for 90 days to a committed
8person upon release on parole, mandatory supervised release,
9aftercare release, final discharge, or pardon from the
10Department of Corrections or Department of Juvenile Justice or
11to a prisoner or detainee upon release from the county jail or
12County Department of Corrections, if the released person is
13unable to present a certified copy of his or her birth
14certificate and social security card or other documents
15authorized by the Secretary, but does present a Secretary of
16State prescribed verification form completed by the Department
17of Corrections, or Department of Juvenile Justice, County
18Department of Corrections, or county jail, verifying the
19released person's date of birth and social security number and
202 documents proving his or her Illinois residence address. The
21verification form must have been completed no more than 30
22days prior to the date of application for the Illinois
23Identification Card. Documents proving residence address shall
24include any official document of the Department of
25Corrections, or the Department of Juvenile Justice, County
26Department of Corrections, or county jail showing the person's

 

 

SB2903- 5 -LRB102 18596 RLC 26917 b

1address after release and a Secretary of State prescribed
2certificate of residency, which may be executed by Department
3of Corrections, or Department of Juvenile Justice, County
4Department of Corrections, or county jail personnel.
5    Prior to the expiration of the 90-day period of the
6limited-term Illinois Identification Card, if the released
7person submits to the Secretary of State a certified copy of
8his or her birth certificate and his or her social security
9card or other documents authorized by the Secretary, a
10standard Illinois Identification Card shall be issued. A
11limited-term Illinois Identification Card may not be renewed.
12    (a-30) The Secretary of State shall issue a standard
13Illinois Identification Card to a person upon conditional
14release or absolute discharge from the custody of the
15Department of Human Services, if the person presents a
16certified copy of his or her birth certificate, social
17security card, or other documents authorized by the Secretary,
18and a document proving his or her Illinois residence address.
19The Secretary of State shall issue a standard Illinois
20Identification Card to a person no sooner than 14 days prior to
21his or her conditional release or absolute discharge if
22personnel from the Department of Human Services bring the
23person to a Secretary of State location with the required
24documents. Documents proving residence address may include any
25official document of the Department of Human Services showing
26the person's address after release and a Secretary of State

 

 

SB2903- 6 -LRB102 18596 RLC 26917 b

1prescribed verification form, which may be executed by
2personnel of the Department of Human Services.
3    (a-35) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a person
5upon conditional release or absolute discharge from the
6custody of the Department of Human Services, if the person is
7unable to present a certified copy of his or her birth
8certificate and social security card or other documents
9authorized by the Secretary, but does present a Secretary of
10State prescribed verification form completed by the Department
11of Human Services, verifying the person's date of birth and
12social security number, and a document proving his or her
13Illinois residence address. The verification form must have
14been completed no more than 30 days prior to the date of
15application for the Illinois Identification Card. The
16Secretary of State shall issue a limited-term Illinois
17Identification Card to a person no sooner than 14 days prior to
18his or her conditional release or absolute discharge if
19personnel from the Department of Human Services bring the
20person to a Secretary of State location with the required
21documents. Documents proving residence address shall include
22any official document of the Department of Human Services
23showing the person's address after release and a Secretary of
24State prescribed verification form, which may be executed by
25personnel of the Department of Human Services.
26    (b) The Secretary of State shall issue a special Illinois

 

 

SB2903- 7 -LRB102 18596 RLC 26917 b

1Identification Card, which shall be known as an Illinois
2Person with a Disability Identification Card, to any natural
3person who is a resident of the State of Illinois, who is a
4person with a disability as defined in Section 4A of this Act,
5who applies for such card, or renewal thereof. No Illinois
6Person with a Disability Identification Card shall be issued
7to any person who holds a valid foreign state identification
8card, license, or permit unless the person first surrenders to
9the Secretary of State the valid foreign state identification
10card, license, or permit. The Secretary of State shall charge
11no fee to issue such card. The card shall be prepared and
12supplied by the Secretary of State, and shall include a
13photograph and signature or mark of the applicant, a
14designation indicating that the card is an Illinois Person
15with a Disability Identification Card, and shall include a
16comprehensible designation of the type and classification of
17the applicant's disability as set out in Section 4A of this
18Act. However, the Secretary of State may provide by rule for
19the issuance of Illinois Person with a Disability
20Identification Cards without photographs if the applicant has
21a bona fide religious objection to being photographed or to
22the display of his or her photograph. If the applicant so
23requests, the card shall include a description of the
24applicant's disability and any information about the
25applicant's disability or medical history which the Secretary
26determines would be helpful to the applicant in securing

 

 

SB2903- 8 -LRB102 18596 RLC 26917 b

1emergency medical care. If a mark is used in lieu of a
2signature, such mark shall be affixed to the card in the
3presence of two witnesses who attest to the authenticity of
4the mark. The Illinois Person with a Disability Identification
5Card may be used for identification purposes in any lawful
6situation by the person to whom it was issued.
7    The Illinois Person with a Disability Identification Card
8may be used as adequate documentation of disability in lieu of
9a physician's determination of disability, a determination of
10disability from a physician assistant, a determination of
11disability from an advanced practice registered nurse, or any
12other documentation of disability whenever any State law
13requires that a person with a disability provide such
14documentation of disability, however an Illinois Person with a
15Disability Identification Card shall not qualify the
16cardholder to participate in any program or to receive any
17benefit which is not available to all persons with like
18disabilities. Notwithstanding any other provisions of law, an
19Illinois Person with a Disability Identification Card, or
20evidence that the Secretary of State has issued an Illinois
21Person with a Disability Identification Card, shall not be
22used by any person other than the person named on such card to
23prove that the person named on such card is a person with a
24disability or for any other purpose unless the card is used for
25the benefit of the person named on such card, and the person
26named on such card consents to such use at the time the card is

 

 

SB2903- 9 -LRB102 18596 RLC 26917 b

1so used.
2    An optometrist's determination of a visual disability
3under Section 4A of this Act is acceptable as documentation
4for the purpose of issuing an Illinois Person with a
5Disability Identification Card.
6    When medical information is contained on an Illinois
7Person with a Disability Identification Card, the Office of
8the Secretary of State shall not be liable for any actions
9taken based upon that medical information.
10    (c) The Secretary of State shall provide that each
11original or renewal Illinois Identification Card or Illinois
12Person with a Disability Identification Card issued to a
13person under the age of 21 shall be of a distinct nature from
14those Illinois Identification Cards or Illinois Person with a
15Disability Identification Cards issued to individuals 21 years
16of age or older. The color designated for Illinois
17Identification Cards or Illinois Person with a Disability
18Identification Cards for persons under the age of 21 shall be
19at the discretion of the Secretary of State.
20    (c-1) Each original or renewal Illinois Identification
21Card or Illinois Person with a Disability Identification Card
22issued to a person under the age of 21 shall display the date
23upon which the person becomes 18 years of age and the date upon
24which the person becomes 21 years of age.
25    (c-3) The General Assembly recognizes the need to identify
26military veterans living in this State for the purpose of

 

 

SB2903- 10 -LRB102 18596 RLC 26917 b

1ensuring that they receive all of the services and benefits to
2which they are legally entitled, including healthcare,
3education assistance, and job placement. To assist the State
4in identifying these veterans and delivering these vital
5services and benefits, the Secretary of State is authorized to
6issue Illinois Identification Cards and Illinois Person with a
7Disability Identification Cards with the word "veteran"
8appearing on the face of the cards. This authorization is
9predicated on the unique status of veterans. The Secretary may
10not issue any other identification card which identifies an
11occupation, status, affiliation, hobby, or other unique
12characteristics of the identification card holder which is
13unrelated to the purpose of the identification card.
14    (c-5) Beginning on or before July 1, 2015, the Secretary
15of State shall designate a space on each original or renewal
16identification card where, at the request of the applicant,
17the word "veteran" shall be placed. The veteran designation
18shall be available to a person identified as a veteran under
19subsection (b) of Section 5 of this Act who was discharged or
20separated under honorable conditions.
21    (d) The Secretary of State may issue a Senior Citizen
22discount card, to any natural person who is a resident of the
23State of Illinois who is 60 years of age or older and who
24applies for such a card or renewal thereof. The Secretary of
25State shall charge no fee to issue such card. The card shall be
26issued in every county and applications shall be made

 

 

SB2903- 11 -LRB102 18596 RLC 26917 b

1available at, but not limited to, nutrition sites, senior
2citizen centers and Area Agencies on Aging. The applicant,
3upon receipt of such card and prior to its use for any purpose,
4shall have affixed thereon in the space provided therefor his
5signature or mark.
6    (e) The Secretary of State, in his or her discretion, may
7designate on each Illinois Identification Card or Illinois
8Person with a Disability Identification Card a space where the
9card holder may place a sticker or decal, issued by the
10Secretary of State, of uniform size as the Secretary may
11specify, that shall indicate in appropriate language that the
12card holder has renewed his or her Illinois Identification
13Card or Illinois Person with a Disability Identification Card.
14(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1599-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
167-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
17    (15 ILCS 335/12)  (from Ch. 124, par. 32)
18    Sec. 12. Fees concerning standard Illinois Identification
19Cards. The fees required under this Act for standard Illinois
20Identification Cards must accompany any application provided
21for in this Act, and the Secretary shall collect such fees as
22follows:
23    a. Original card...............................$20
24    b. Renewal card................................20
25    c. Corrected card..............................10

 

 

SB2903- 12 -LRB102 18596 RLC 26917 b

1    d. Duplicate card..............................20
2    e. Certified copy with seal ...................5
3    f. (Blank)
4    g. Applicant 65 years of age or over ..........No Fee
5    h. (Blank)
6    i. Individual living in Veterans
7        Home or Hospital ...........................No Fee
8    j. Original card under 18 years of age..........$5
9    k. Renewal card under 18 years of age...........$5
10    l. Corrected card under 18 years of age.........$5
11    m. Duplicate card under 18 years of age.........$5
12    n. Homeless person..............................No Fee
13    o. Duplicate card issued to an active-duty
14        member of the United States Armed Forces,
15the
16        member's spouse, or dependent children
17        living with the member......................No Fee
18    p. Duplicate temporary card.....................$5
19    q. First card issued to a youth
20        for whom the Department of Children
21        and Family Services is legally responsible
22        or a foster child upon turning the age of
23        16 years old until he or she reaches
24        the age of 21 years old..................... No Fee
25    r. Original card issued to a committed
26        person upon release on parole,

 

 

SB2903- 13 -LRB102 18596 RLC 26917 b

1        mandatory supervised release,
2        aftercare release, final
3        discharge, or pardon from the
4        Department of Corrections or
5        Department of Juvenile
6        Justice or to a
7        prisoner or detainee
8        upon release from the
9        County Department of
10        Corrections or county
11        jail........................................No Fee
12    s. Limited-term Illinois Identification
13        Card issued to a committed person
14        upon release on parole, mandatory
15        supervised release, aftercare
16        release, final discharge, or pardon
17        from the Department of
18        Corrections or Department of
19        Juvenile Justice or to a
20        prisoner or
21        detainee upon release
22        from the County
23        Department of
24        Corrections or county
25        jail........................................No Fee
26    t. Original card issued to a

 

 

SB2903- 14 -LRB102 18596 RLC 26917 b

1        person up to 14 days prior
2        to or upon conditional release
3        or absolute discharge from
4        the Department of Human Services............ No Fee
5    u. Limited-term Illinois Identification
6        Card issued to a person up to
7        14 days prior to or upon
8        conditional release or absolute discharge
9        from the Department of Human Services....... No Fee
10    All fees collected under this Act shall be paid into the
11Road Fund of the State treasury, except that the following
12amounts shall be paid into the General Revenue Fund: (i) 80% of
13the fee for an original, renewal, or duplicate Illinois
14Identification Card issued on or after January 1, 2005; and
15(ii) 80% of the fee for a corrected Illinois Identification
16Card issued on or after January 1, 2005.
17    An individual, who resides in a veterans home or veterans
18hospital operated by the State or federal government, who
19makes an application for an Illinois Identification Card to be
20issued at no fee, must submit, along with the application, an
21affirmation by the applicant on a form provided by the
22Secretary of State, that such person resides in a veterans
23home or veterans hospital operated by the State or federal
24government.
25    The application of a homeless individual for an Illinois
26Identification Card to be issued at no fee must be accompanied

 

 

SB2903- 15 -LRB102 18596 RLC 26917 b

1by an affirmation by a qualified person, as defined in Section
24C of this Act, on a form provided by the Secretary of State,
3that the applicant is currently homeless as defined in Section
41A of this Act.
5    For the application for the first Illinois Identification
6Card of a youth for whom the Department of Children and Family
7Services is legally responsible or a foster child to be issued
8at no fee, the youth must submit, along with the application,
9an affirmation by his or her court appointed attorney or an
10employee of the Department of Children and Family Services on
11a form provided by the Secretary of State, that the person is a
12youth for whom the Department of Children and Family Services
13is legally responsible or a foster child.
14    The fee for any duplicate identification card shall be
15waived for any person who presents the Secretary of State's
16Office with a police report showing that his or her
17identification card was stolen.
18    The fee for any duplicate identification card shall be
19waived for any person age 60 or older whose identification
20card has been lost or stolen.
21    As used in this Section, "active-duty member of the United
22States Armed Forces" means a member of the Armed Services or
23Reserve Forces of the United States or a member of the Illinois
24National Guard who is called to active duty pursuant to an
25executive order of the President of the United States, an act
26of the Congress of the United States, or an order of the

 

 

SB2903- 16 -LRB102 18596 RLC 26917 b

1Governor.
2(Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
3100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
41-1-20.)
 
5    Section 10. The County Jail Act is amended by adding
6Section 26.1 as follows:
 
7    (730 ILCS 125/26.1 new)
8    Sec. 26.1. Prisoner or detainee; identification card. Upon
9the release of a prisoner or detainee from the County
10Department of Corrections or county jail, the County
11Department or sheriff may provide the person who has met the
12criteria established by the Department or sheriff with an
13identification card identifying the person as being released
14from the County Department of Corrections or county jail. The
15County Department or sheriff, in consultation with the Office
16of the Secretary of State, shall prescribe the form of the
17identification card, which may be similar to the form of the
18standard Illinois Identification Card. The County Department
19or sheriff shall inform the prisoner or detainee that he or she
20may present the identification card to the Office of the
21Secretary of State upon application for a standard Illinois
22Identification Card in accordance with the Illinois
23Identification Card Act. The County Department or sheriff may
24require the prisoner or detainee to pay a $1 fee for the

 

 

SB2903- 17 -LRB102 18596 RLC 26917 b

1identification card.