Full Text of HB5877 97th General Assembly
HB5877eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the judiciary, which may be referred to | 2 | | as the Michael Lefkow and Donna Humphrey Judicial Privacy | 3 | | Improvement Act of 2012.
| 4 | | Be it enacted by the People of the State of Illinois,
| 5 | | represented in the General Assembly:
| 6 | | ARTICLE I. GENERAL PROVISIONS | 7 | | Section 1-1. Short title. This Act may be cited as the | 8 | | Judicial Privacy Act. | 9 | | Section 1-5. Purpose. The purpose of this Act is to improve | 10 | | the safety and security of Illinois judicial
officers to ensure | 11 | | they are able to administer justice fairly without fear of | 12 | | personal
reprisal from individuals affected by the decisions | 13 | | they make in the course of carrying out
their public function.
| 14 | | This Act is not intended to restrain a judicial officer | 15 | | from independently making
public his or her own personal | 16 | | information. Additionally, no government agency, person,
| 17 | | business, or association has any obligation under this Act to | 18 | | protect the privacy of a judicial officer's personal | 19 | | information until the judicial officer makes a written request | 20 | | that his or her personal information not be publicly posted.
| 21 | | Nothing in this Act shall be construed to impair free | 22 | | access to decisions and opinions
expressed by judicial officers |
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| 1 | | in the course of carrying out their public functions.
| 2 | | Section 1-10. Definitions. As used in this Act: | 3 | | "Government agency" includes all agencies, authorities, | 4 | | boards, commissions, departments, institutions, offices, and | 5 | | any other bodies politic and corporate of the State created by | 6 | | the constitution or statute, whether in the executive, | 7 | | judicial, or legislative branch; all units and corporate | 8 | | outgrowths created by executive order of the Governor or any | 9 | | constitutional officer, by the Supreme Court, or by resolution | 10 | | of the General Assembly; or agencies, authorities, boards, | 11 | | commissions, departments, institutions, offices, and any other | 12 | | bodies politic and corporate of a unit of local government, or | 13 | | school district.
| 14 | | "Home address" includes a judicial officer's permanent | 15 | | residence and any secondary residences affirmatively | 16 | | identified by the judicial officer, but does not include a | 17 | | judicial officer's work address.
| 18 | | "Immediate family" includes a judicial officer's spouse, | 19 | | child, parent, or any blood relative of the judicial officer or | 20 | | the judicial officer's spouse who lives in the same residence.
| 21 | | "Judicial officer" includes:
| 22 | | (1) Justices of the United States Supreme Court and the | 23 | | Illinois Supreme Court; | 24 | | (2) Judges of the United States Court of Appeals; | 25 | | (3) Judges and magistrate judges of the United States |
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| 1 | | District Court; | 2 | | (4) Judges of the United States Bankruptcy Court; | 3 | | (5) Judges of the Illinois Appellate Court; and
| 4 | | (6) Judges and associate judges of the Illinois Circuit | 5 | | Courts.
| 6 | | "Personal information" means a home address, home | 7 | | telephone number, mobile telephone number, pager number, | 8 | | personal email address, social security number, federal tax | 9 | | identification number, checking and savings account numbers, | 10 | | credit card numbers, marital status, and identity of children | 11 | | under the age of 18.
| 12 | | "Publicly available content" means any written, printed, | 13 | | or electronic document or record that provides information or | 14 | | that serves as a document or record maintained, controlled, or | 15 | | in the possession of a government agency that may be obtained | 16 | | by any person or entity, from the Internet, from the government | 17 | | agency upon request either free of charge or for a fee, or in | 18 | | response to a request under the Freedom of Information Act. | 19 | | "Publicly post" or "publicly display" means to communicate | 20 | | to another or
otherwise make available to the general public.
| 21 | | "Written request" means written notice signed by a judicial | 22 | | officer or a representative of the judicial officer's employer | 23 | | requesting a government agency, person, business, or | 24 | | association to refrain from posting or displaying publicly | 25 | | available content that includes the judicial officer's | 26 | | personal information.
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| 1 | | ARTICLE II. CIVIL PROVISIONS | 2 | | Section 2-1. Publicly posting or displaying a judicial | 3 | | officer's personal information by government agencies. | 4 | | (a) Government agencies shall not publicly post or display | 5 | | publicly available content that includes a judicial officer's | 6 | | personal information, provided that the government agency has | 7 | | received a written request in accordance with Section 2-10 of | 8 | | this Act that it refrain from disclosing
the judicial officer's | 9 | | personal information. After a government agency has received a | 10 | | written request, that agency shall remove the judicial | 11 | | officer's personal information from publicly available content | 12 | | within 5 business days. After the government agency has removed | 13 | | the judicial officer's personal information from publicly | 14 | | available content, the agency shall not publicly post or | 15 | | display the information and the judicial officer's personal | 16 | | information shall be exempt from the Freedom of Information Act | 17 | | unless the government agency has received consent from the | 18 | | judicial officer to make the personal information available to | 19 | | the public.
| 20 | | (b) Redress. If a government agency fails to comply with a | 21 | | written request to refrain from disclosing personal | 22 | | information, the judicial officer may bring an action seeking | 23 | | injunctive or declaratory relief in any court of competent | 24 | | jurisdiction.
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| 1 | | Section 2-5. Publicly posting a judicial officer's | 2 | | personal information on the Internet by persons, businesses, | 3 | | and associations. | 4 | | (a) Prohibited Conduct.
| 5 | | (1) All persons, businesses, and associations shall | 6 | | refrain from publicly posting or displaying on the Internet | 7 | | publicly available content that includes a judicial | 8 | | officer's personal information, provided that the judicial | 9 | | officer has made a written request to the person, business, | 10 | | or association that it refrain from disclosing the personal | 11 | | information.
| 12 | | (2) No person, business, or association shall solicit, | 13 | | sell, or trade on the Internet a judicial officer's | 14 | | personal information with the intent to pose an imminent | 15 | | and serious threat to the health and safety of the judicial | 16 | | officer or the judicial officer's immediate family.
| 17 | | (3) This subsection includes, but is not limited to, | 18 | | Internet phone directories, Internet search engines, | 19 | | Internet data aggregators, and Internet service providers.
| 20 | | (b) Required Conduct.
| 21 | | (1) After a person, business, or association has | 22 | | received a written request from a judicial officer to | 23 | | protect the privacy of the officer's personal information, | 24 | | that person, business, or association shall have 72 hours | 25 | | to remove the personal information from the Internet.
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| 1 | | (2) After a person, business, or association has | 2 | | received a written request from a judicial officer, that | 3 | | person, business, or association shall ensure that the | 4 | | judicial officer's personal information is not made | 5 | | available on any website or subsidiary website controlled | 6 | | by that person, business, or association.
| 7 | | (3) After receiving a judicial officer's written | 8 | | request, no person, business, or association shall | 9 | | transfer the judicial officer's personal information to | 10 | | any other person, business, or association through any | 11 | | medium.
| 12 | | (c) Redress.
| 13 | | A judicial officer whose personal information is made | 14 | | public as a result of a violation of this Act may bring an | 15 | | action seeking injunctive or declaratory relief in any | 16 | | court of competent jurisdiction. If the court grants | 17 | | injunctive or declaratory relief, the person, business, or | 18 | | association responsible for the violation shall be | 19 | | required to pay the judicial officer's costs and reasonable | 20 | | attorney's fees.
| 21 | | Section 2-10. Procedure for completing a written request. | 22 | | (a) Requirement that a judicial officer make a written | 23 | | request. No government agency, person, business, or | 24 | | association shall be found to have violated any provision of | 25 | | this Act if the judicial officer fails to submit a written |
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| 1 | | request calling for the protection of the officer's personal | 2 | | information.
| 3 | | (b) Written request procedure. A written request shall be | 4 | | valid if: | 5 | | (1) The judicial officer sends a written request | 6 | | directly to a government agency, person, business, or | 7 | | association; or | 8 | | (2) If the Administrative Office of the Illinois Courts | 9 | | has a policy and procedure for a state judicial officer to | 10 | | file the written request with the Administrative Office to | 11 | | notify government agencies, the state judicial officer may | 12 | | send the written request to the Administrative Office of | 13 | | the Illinois Courts. In each quarter of a calendar year, | 14 | | the Administrative Office of the Illinois Courts shall | 15 | | provide a list of all state judicial officers who have | 16 | | submitted a written request to it, to the appropriate | 17 | | officer with ultimate supervisory authority for a | 18 | | government agency. The officer shall promptly provide a | 19 | | copy of the list to any and all government agencies under | 20 | | his or her supervision. Receipt of the written request list | 21 | | compiled by the Administrative Office of the Illinois | 22 | | Courts by a government agency shall constitute a written | 23 | | request to that Agency for the purposes of this Act. | 24 | | (c) A representative from the judicial officer's employer | 25 | | may submit a written request on the judicial officer's behalf, | 26 | | provided that the judicial officer gives written consent to the |
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| 1 | | representative and provided that the representative agrees to | 2 | | furnish a copy of that consent when a written request is made. | 3 | | The representative shall submit the written request as provided | 4 | | in subsection (b) of this Section.
| 5 | | (d) Information to be included in the written request.
| 6 | | A judicial officer's written request shall specify | 7 | | what personal information shall be maintained private.
| 8 | | If a judicial officer wishes to identify a secondary | 9 | | residence as a home address as that term is defined in this | 10 | | Act, the designation shall be made in the written request.
| 11 | | A judicial officer shall disclose the identity of the | 12 | | officer's immediate family and indicate that the personal | 13 | | information of these family members shall also be excluded | 14 | | to the extent that it could reasonably be expected to | 15 | | reveal the personal information of the judicial officer.
| 16 | | (e) Duration of the written request.
| 17 | | A judicial officer's written request is valid until the | 18 | | judicial officer provides the government agency, person, | 19 | | business, or association with written permission to | 20 | | release the private information.
A judicial officer's | 21 | | written request expires on death. | 22 | | ARTICLE III. CRIMINAL PROVISIONS | 23 | | Section 3-1. Unlawful publication of personal information. | 24 | | It is unlawful for any person to knowingly publicly post on the |
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| 1 | | Internet the personal
information of a judicial officer or of | 2 | | the judicial officer's immediate family if the person knows or
| 3 | | reasonably should know that publicly posting the personal | 4 | | information poses an
imminent and serious threat to the health | 5 | | and safety of the judicial officer or the judicial officer's | 6 | | immediate family, and the violation is a proximate cause of | 7 | | bodily injury or death of the
judicial officer or a member of | 8 | | the judicial officer's immediate family. A person who violates | 9 | | this Section is guilty of a Class 3 felony.
| 10 | | Section 3-5. Exceptions for employees of government | 11 | | agencies. Provided that the employee of a government agency has | 12 | | complied with the conditions set forth in Article II of this | 13 | | Act, it is not a violation of Section 3-1 if an employee of a | 14 | | government agency publishes
personal information, in good | 15 | | faith, on the website of the government agency in the
ordinary | 16 | | course of carrying out public functions.
| 17 | | ARTICLE IV. MISCELLANEOUS | 18 | | Section 4-1. Construction. This Act and any rules adopted | 19 | | to implement this Act shall be
construed broadly to favor the | 20 | | protection of the personal information of judicial officers.
| 21 | | Section 4-5. Severability. If any part of this Act or its | 22 | | application to any person or circumstance is adjudged
invalid, |
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| 1 | | such adjudication or application shall not affect the validity | 2 | | of this Act as a whole
or of any other part.
| 3 | | Section 4-10. The Freedom of Information Act is amended by | 4 | | changing Section 7 as follows: | 5 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 6 | | Sec. 7. Exemptions.
| 7 | | (1) When a request is made to inspect or copy a public | 8 | | record that contains information that is exempt from disclosure | 9 | | under this Section, but also contains information that is not | 10 | | exempt from disclosure, the public body may elect to redact the | 11 | | information that is exempt. The public body shall make the | 12 | | remaining information available for inspection and copying. | 13 | | Subject to this requirement, the following shall be exempt from | 14 | | inspection and copying:
| 15 | | (a) Information specifically prohibited from | 16 | | disclosure by federal or
State law or rules and regulations | 17 | | implementing federal or State law.
| 18 | | (b) Private information, unless disclosure is required | 19 | | by another provision of this Act, a State or federal law or | 20 | | a court order. | 21 | | (b-5) Files, documents, and other data or databases | 22 | | maintained by one or more law enforcement agencies and | 23 | | specifically designed to provide information to one or more | 24 | | law enforcement agencies regarding the physical or mental |
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| 1 | | status of one or more individual subjects. | 2 | | (c) Personal information contained within public | 3 | | records, the disclosure of which would constitute a clearly
| 4 | | unwarranted invasion of personal privacy, unless the | 5 | | disclosure is
consented to in writing by the individual | 6 | | subjects of the information. "Unwarranted invasion of | 7 | | personal privacy" means the disclosure of information that | 8 | | is highly personal or objectionable to a reasonable person | 9 | | and in which the subject's right to privacy outweighs any | 10 | | legitimate public interest in obtaining the information. | 11 | | The
disclosure of information that bears on the public | 12 | | duties of public
employees and officials shall not be | 13 | | considered an invasion of personal
privacy.
| 14 | | (d) Records in the possession of any public body | 15 | | created in the course of administrative enforcement
| 16 | | proceedings, and any law enforcement or correctional | 17 | | agency for
law enforcement purposes,
but only to the extent | 18 | | that disclosure would:
| 19 | | (i) interfere with pending or actually and | 20 | | reasonably contemplated
law enforcement proceedings | 21 | | conducted by any law enforcement or correctional
| 22 | | agency that is the recipient of the request;
| 23 | | (ii) interfere with active administrative | 24 | | enforcement proceedings
conducted by the public body | 25 | | that is the recipient of the request;
| 26 | | (iii) create a substantial likelihood that a |
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| 1 | | person will be deprived of a fair trial or an impartial | 2 | | hearing;
| 3 | | (iv) unavoidably disclose the identity of a | 4 | | confidential source, confidential information | 5 | | furnished only by the confidential source, or persons | 6 | | who file complaints with or provide information to | 7 | | administrative, investigative, law enforcement, or | 8 | | penal agencies; except that the identities of | 9 | | witnesses to traffic accidents, traffic accident | 10 | | reports, and rescue reports shall be provided by | 11 | | agencies of local government, except when disclosure | 12 | | would interfere with an active criminal investigation | 13 | | conducted by the agency that is the recipient of the | 14 | | request;
| 15 | | (v) disclose unique or specialized investigative | 16 | | techniques other than
those generally used and known or | 17 | | disclose internal documents of
correctional agencies | 18 | | related to detection, observation or investigation of
| 19 | | incidents of crime or misconduct, and disclosure would | 20 | | result in demonstrable harm to the agency or public | 21 | | body that is the recipient of the request;
| 22 | | (vi) endanger the life or physical safety of law | 23 | | enforcement personnel
or any other person; or
| 24 | | (vii) obstruct an ongoing criminal investigation | 25 | | by the agency that is the recipient of the request.
| 26 | | (e) Records that relate to or affect the security of |
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| 1 | | correctional
institutions and detention facilities.
| 2 | | (f) Preliminary drafts, notes, recommendations, | 3 | | memoranda and other
records in which opinions are | 4 | | expressed, or policies or actions are
formulated, except | 5 | | that a specific record or relevant portion of a
record | 6 | | shall not be exempt when the record is publicly cited
and | 7 | | identified by the head of the public body. The exemption | 8 | | provided in
this paragraph (f) extends to all those records | 9 | | of officers and agencies
of the General Assembly that | 10 | | pertain to the preparation of legislative
documents.
| 11 | | (g) Trade secrets and commercial or financial | 12 | | information obtained from
a person or business where the | 13 | | trade secrets or commercial or financial information are | 14 | | furnished under a claim that they are
proprietary, | 15 | | privileged or confidential, and that disclosure of the | 16 | | trade
secrets or commercial or financial information would | 17 | | cause competitive harm to the person or business, and only | 18 | | insofar as the claim directly applies to the records | 19 | | requested. | 20 | | The information included under this exemption includes | 21 | | all trade secrets and commercial or financial information | 22 | | obtained by a public body, including a public pension fund, | 23 | | from a private equity fund or a privately held company | 24 | | within the investment portfolio of a private equity fund as | 25 | | a result of either investing or evaluating a potential | 26 | | investment of public funds in a private equity fund. The |
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| 1 | | exemption contained in this item does not apply to the | 2 | | aggregate financial performance information of a private | 3 | | equity fund, nor to the identity of the fund's managers or | 4 | | general partners. The exemption contained in this item does | 5 | | not apply to the identity of a privately held company | 6 | | within the investment portfolio of a private equity fund, | 7 | | unless the disclosure of the identity of a privately held | 8 | | company may cause competitive harm. | 9 | | Nothing contained in this
paragraph (g) shall be | 10 | | construed to prevent a person or business from
consenting | 11 | | to disclosure.
| 12 | | (h) Proposals and bids for any contract, grant, or | 13 | | agreement, including
information which if it were | 14 | | disclosed would frustrate procurement or give
an advantage | 15 | | to any person proposing to enter into a contractor | 16 | | agreement
with the body, until an award or final selection | 17 | | is made. Information
prepared by or for the body in | 18 | | preparation of a bid solicitation shall be
exempt until an | 19 | | award or final selection is made.
| 20 | | (i) Valuable formulae,
computer geographic systems,
| 21 | | designs, drawings and research data obtained or
produced by | 22 | | any public body when disclosure could reasonably be | 23 | | expected to
produce private gain or public loss.
The | 24 | | exemption for "computer geographic systems" provided in | 25 | | this paragraph
(i) does not extend to requests made by news | 26 | | media as defined in Section 2 of
this Act when the |
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| 1 | | requested information is not otherwise exempt and the only
| 2 | | purpose of the request is to access and disseminate | 3 | | information regarding the
health, safety, welfare, or | 4 | | legal rights of the general public.
| 5 | | (j) The following information pertaining to | 6 | | educational matters: | 7 | | (i) test questions, scoring keys and other | 8 | | examination data used to
administer an academic | 9 | | examination;
| 10 | | (ii) information received by a primary or | 11 | | secondary school, college, or university under its | 12 | | procedures for the evaluation of faculty members by | 13 | | their academic peers; | 14 | | (iii) information concerning a school or | 15 | | university's adjudication of student disciplinary | 16 | | cases, but only to the extent that disclosure would | 17 | | unavoidably reveal the identity of the student; and | 18 | | (iv) course materials or research materials used | 19 | | by faculty members. | 20 | | (k) Architects' plans, engineers' technical | 21 | | submissions, and
other
construction related technical | 22 | | documents for
projects not constructed or developed in | 23 | | whole or in part with public funds
and the same for | 24 | | projects constructed or developed with public funds, | 25 | | including but not limited to power generating and | 26 | | distribution stations and other transmission and |
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| 1 | | distribution facilities, water treatment facilities, | 2 | | airport facilities, sport stadiums, convention centers, | 3 | | and all government owned, operated, or occupied buildings, | 4 | | but
only to the extent
that disclosure would compromise | 5 | | security.
| 6 | | (l) Minutes of meetings of public bodies closed to the
| 7 | | public as provided in the Open Meetings Act until the | 8 | | public body
makes the minutes available to the public under | 9 | | Section 2.06 of the Open
Meetings Act.
| 10 | | (m) Communications between a public body and an | 11 | | attorney or auditor
representing the public body that would | 12 | | not be subject to discovery in
litigation, and materials | 13 | | prepared or compiled by or for a public body in
| 14 | | anticipation of a criminal, civil or administrative | 15 | | proceeding upon the
request of an attorney advising the | 16 | | public body, and materials prepared or
compiled with | 17 | | respect to internal audits of public bodies.
| 18 | | (n) Records relating to a public body's adjudication of | 19 | | employee grievances or disciplinary cases; however, this | 20 | | exemption shall not extend to the final outcome of cases in | 21 | | which discipline is imposed.
| 22 | | (o) Administrative or technical information associated | 23 | | with automated
data processing operations, including but | 24 | | not limited to software,
operating protocols, computer | 25 | | program abstracts, file layouts, source
listings, object | 26 | | modules, load modules, user guides, documentation
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| 1 | | pertaining to all logical and physical design of | 2 | | computerized systems,
employee manuals, and any other | 3 | | information that, if disclosed, would
jeopardize the | 4 | | security of the system or its data or the security of
| 5 | | materials exempt under this Section.
| 6 | | (p) Records relating to collective negotiating matters
| 7 | | between public bodies and their employees or | 8 | | representatives, except that
any final contract or | 9 | | agreement shall be subject to inspection and copying.
| 10 | | (q) Test questions, scoring keys, and other | 11 | | examination data used to determine the qualifications of an | 12 | | applicant for a license or employment.
| 13 | | (r) The records, documents, and information relating | 14 | | to real estate
purchase negotiations until those | 15 | | negotiations have been completed or
otherwise terminated. | 16 | | With regard to a parcel involved in a pending or
actually | 17 | | and reasonably contemplated eminent domain proceeding | 18 | | under the Eminent Domain Act, records, documents and
| 19 | | information relating to that parcel shall be exempt except | 20 | | as may be
allowed under discovery rules adopted by the | 21 | | Illinois Supreme Court. The
records, documents and | 22 | | information relating to a real estate sale shall be
exempt | 23 | | until a sale is consummated.
| 24 | | (s) Any and all proprietary information and records | 25 | | related to the
operation of an intergovernmental risk | 26 | | management association or
self-insurance pool or jointly |
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| 1 | | self-administered health and accident
cooperative or pool.
| 2 | | Insurance or self insurance (including any | 3 | | intergovernmental risk management association or self | 4 | | insurance pool) claims, loss or risk management | 5 | | information, records, data, advice or communications.
| 6 | | (t) Information contained in or related to | 7 | | examination, operating, or
condition reports prepared by, | 8 | | on behalf of, or for the use of a public
body responsible | 9 | | for the regulation or supervision of financial
| 10 | | institutions or insurance companies, unless disclosure is | 11 | | otherwise
required by State law.
| 12 | | (u) Information that would disclose
or might lead to | 13 | | the disclosure of
secret or confidential information, | 14 | | codes, algorithms, programs, or private
keys intended to be | 15 | | used to create electronic or digital signatures under the
| 16 | | Electronic Commerce Security Act.
| 17 | | (v) Vulnerability assessments, security measures, and | 18 | | response policies
or plans that are designed to identify, | 19 | | prevent, or respond to potential
attacks upon a community's | 20 | | population or systems, facilities, or installations,
the | 21 | | destruction or contamination of which would constitute a | 22 | | clear and present
danger to the health or safety of the | 23 | | community, but only to the extent that
disclosure could | 24 | | reasonably be expected to jeopardize the effectiveness of | 25 | | the
measures or the safety of the personnel who implement | 26 | | them or the public.
Information exempt under this item may |
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| 1 | | include such things as details
pertaining to the | 2 | | mobilization or deployment of personnel or equipment, to | 3 | | the
operation of communication systems or protocols, or to | 4 | | tactical operations.
| 5 | | (w) (Blank). | 6 | | (x) Maps and other records regarding the location or | 7 | | security of generation, transmission, distribution, | 8 | | storage, gathering,
treatment, or switching facilities | 9 | | owned by a utility, by a power generator, or by the | 10 | | Illinois Power Agency.
| 11 | | (y) Information contained in or related to proposals, | 12 | | bids, or negotiations related to electric power | 13 | | procurement under Section 1-75 of the Illinois Power Agency | 14 | | Act and Section 16-111.5 of the Public Utilities Act that | 15 | | is determined to be confidential and proprietary by the | 16 | | Illinois Power Agency or by the Illinois Commerce | 17 | | Commission.
| 18 | | (z) Information about students exempted from | 19 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 20 | | School Code, and information about undergraduate students | 21 | | enrolled at an institution of higher education exempted | 22 | | from disclosure under Section 25 of the Illinois Credit | 23 | | Card Marketing Act of 2009. | 24 | | (aa) Information the disclosure of which is
exempted | 25 | | under the Viatical Settlements Act of 2009.
| 26 | | (bb) Records and information provided to a mortality |
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| 1 | | review team and records maintained by a mortality review | 2 | | team appointed under the Department of Juvenile Justice | 3 | | Mortality Review Team Act. | 4 | | (cc) Information regarding interments, entombments, or | 5 | | inurnments of human remains that are submitted to the | 6 | | Cemetery Oversight Database under the Cemetery Care Act or | 7 | | the Cemetery Oversight Act, whichever is applicable. | 8 | | (dd) Correspondence and records (i) that may not be | 9 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 10 | | that pertain to appeals under Section 11-8 of the Public | 11 | | Aid Code. | 12 | | (ee) (dd) The names, addresses, or other personal | 13 | | information of persons who are minors and are also | 14 | | participants and registrants in programs of park | 15 | | districts, forest preserve districts, conservation | 16 | | districts, recreation agencies, and special recreation | 17 | | associations. | 18 | | (ff) (ee) The names, addresses, or other personal | 19 | | information of participants and registrants in programs of | 20 | | park districts, forest preserve districts, conservation | 21 | | districts, recreation agencies, and special recreation | 22 | | associations where such programs are targeted primarily to | 23 | | minors. | 24 | | (1.5) Any information exempt from disclosure under the | 25 | | Judicial Privacy Act shall be redacted from public records | 26 | | prior to disclosure under this Act. |
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| 1 | | (2) A public record that is not in the possession of a | 2 | | public body but is in the possession of a party with whom the | 3 | | agency has contracted to perform a governmental function on | 4 | | behalf of the public body, and that directly relates to the | 5 | | governmental function and is not otherwise exempt under this | 6 | | Act, shall be considered a public record of the public body, | 7 | | for purposes of this Act. | 8 | | (3) This Section does not authorize withholding of | 9 | | information or limit the
availability of records to the public, | 10 | | except as stated in this Section or
otherwise provided in this | 11 | | Act.
| 12 | | (Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09; | 13 | | 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10; | 14 | | 96-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff. | 15 | | 8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised | 16 | | 9-2-11.) | 17 | | Section 4-15. The Election Code is amended by changing | 18 | | Section 7A-1 and by adding Section 10-10.5 as follows:
| 19 | | (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
| 20 | | Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has | 21 | | been elected
to that office and who seeks to be retained in | 22 | | that office under subsection
(d) of Section 12 of Article VI of | 23 | | the Constitution shall file a declaration
of candidacy to | 24 | | succeed himself in the office of the Secretary of State
not |
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| 1 | | less than 6 months before the general election preceding
the | 2 | | expiration of his term of office. Within 3 business days | 3 | | thereafter,
the Secretary of State shall certify to the State | 4 | | Board of Elections the
names of all incumbent judges who were | 5 | | eligible to stand for retention at
the next general election | 6 | | but failed to timely file a declaration of
candidacy to succeed | 7 | | themselves in office or, having timely filed such a
| 8 | | declaration, withdrew it. The State Board of Elections may rely | 9 | | upon the
certification from the Secretary of State (a) to | 10 | | determine when vacancies
in judicial office exist and (b) to | 11 | | determine the judicial positions for
which elections will be | 12 | | held. The Secretary of State, not less
than 63 days before the | 13 | | election, shall certify the Judge's candidacy to
the proper | 14 | | election officials. The names of Judges seeking retention shall
| 15 | | be submitted to the electors, separately and without party | 16 | | designation,
on the sole question whether each Judge shall be | 17 | | retained in office for
another term. The retention elections | 18 | | shall be conducted at general elections
in the appropriate | 19 | | Judicial District, for Supreme and Appellate Judges,
and in the | 20 | | circuit for Circuit Judges. The affirmative vote of | 21 | | three-fifths
of the electors voting on the question shall elect | 22 | | the Judge to the office
for a term commencing on the first | 23 | | Monday in December following his election.
| 24 | | Upon certification of a Judge's candidacy for retention by | 25 | | the Secretary of State, the judicial candidate may file a | 26 | | written request with the Secretary of State for redaction of |
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| 1 | | the judicial candidate's home address information from the | 2 | | candidate's declaration of candidacy for retention. After | 3 | | receipt of the candidate's written request, the Secretary of | 4 | | State shall redact or cause redaction of the judicial | 5 | | candidate's home address from the candidate's declaration of | 6 | | candidacy for retention within 5 business days. For the | 7 | | purposes of this subsection, "home address" has the meaning as | 8 | | defined in Section 1-10 of the Judicial Privacy Act. | 9 | | (Source: P.A. 96-886, eff. 1-1-11 .)
| 10 | | (10 ILCS 5/10-10.5 new) | 11 | | Sec. 10-10.5. Removal of judicial officer's address | 12 | | information from the certificate of nomination or nomination | 13 | | papers. | 14 | | (a) Upon expiration of the period for filing an objection | 15 | | to a judicial candidate's certificate of nomination or | 16 | | nomination papers, a judicial officer who is a judicial | 17 | | candidate may file a written request with the State Board of | 18 | | Elections for redaction of the judicial officer's home address | 19 | | information from his or her certificate of nomination or | 20 | | nomination papers. After receipt of the judicial officer's | 21 | | written request, the State Board of Elections shall redact or | 22 | | cause redaction of the judicial officer's home address from his | 23 | | or her certificate of nomination or nomination papers within 5 | 24 | | business days. | 25 | | (b) Prior to expiration of the period for filing an |
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| 1 | | objection to a judicial candidate's certificate of nomination | 2 | | or nomination papers, the home address information from the | 3 | | certificate of nomination or nomination papers of a judicial | 4 | | officer who is a judicial candidate is available for public | 5 | | inspection. After redaction of a judicial officer's home | 6 | | address information under paragraph (a) of this Section, the | 7 | | home address information is only available for an in camera | 8 | | inspection by the court reviewing an objection to the judicial | 9 | | officers's certificate of nomination or nomination papers. | 10 | | (c) For the purposes of this Section, "home address" has | 11 | | the meaning as defined in Section 1-10 of the Judicial Privacy | 12 | | Act. | 13 | | Section 4-18. The Illinois Identification Card Act is | 14 | | amended by changing Sections 4 and 5 as follows:
| 15 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 16 | | Sec. 4. Identification Card.
| 17 | | (a) The Secretary of State shall issue a
standard Illinois | 18 | | Identification Card to any natural person who is a resident
of | 19 | | the State of Illinois who applies for such card, or renewal | 20 | | thereof,
or who applies for a standard Illinois Identification | 21 | | Card upon release as a
committed person on parole, mandatory | 22 | | supervised release, final discharge, or
pardon from the | 23 | | Department of Corrections by submitting an identification card
| 24 | | issued by the Department of Corrections under Section 3-14-1 of |
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| 1 | | the Unified
Code of Corrections,
together with the prescribed | 2 | | fees. No identification card shall be issued to any person who | 3 | | holds a valid
foreign state
identification card, license, or | 4 | | permit unless the person first surrenders to
the Secretary of
| 5 | | State the valid foreign state identification card, license, or | 6 | | permit. The card shall be prepared and
supplied by the | 7 | | Secretary of State and shall include a photograph and signature | 8 | | or mark of the
applicant. However, the Secretary of State may | 9 | | provide by rule for the issuance of Illinois Identification | 10 | | Cards without photographs if the applicant has a bona fide | 11 | | religious objection to being photographed or to the display of | 12 | | his or her photograph. The Illinois Identification Card may be | 13 | | used for
identification purposes in any lawful situation only | 14 | | by the person to
whom it was issued.
As used in this Act, | 15 | | "photograph" means any color photograph or digitally
produced | 16 | | and captured image of an applicant for an identification card. | 17 | | As
used in this Act, "signature" means the name of a person as | 18 | | written by that
person and captured in a manner acceptable to | 19 | | the Secretary of State. | 20 | | (a-5) If an applicant for an identification card has a | 21 | | current driver's license or instruction permit issued by the | 22 | | Secretary of State, the Secretary may require the applicant to | 23 | | utilize the same residence address and name on the | 24 | | identification card, driver's license, and instruction permit | 25 | | records maintained by the Secretary. The Secretary may | 26 | | promulgate rules to implement this provision.
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| 1 | | (a-10) If the applicant is a judicial officer as defined in | 2 | | Section 1-10 of the Judicial Privacy Act, the applicant may | 3 | | elect to have his or her office or work address listed on the | 4 | | card instead of the applicant's residence or mailing address. | 5 | | The Secretary may promulgate rules to implement this provision. | 6 | | (b) The Secretary of State shall issue a special Illinois
| 7 | | Identification Card, which shall be known as an Illinois | 8 | | Disabled Person
Identification Card, to any natural person who | 9 | | is a resident of the State
of Illinois, who is a disabled | 10 | | person as defined in Section 4A of this Act,
who applies for | 11 | | such card, or renewal thereof. No Disabled Person | 12 | | Identification Card shall be issued to any person who
holds a | 13 | | valid
foreign state identification card, license, or permit | 14 | | unless the person first
surrenders to the
Secretary of State | 15 | | the valid foreign state identification card, license, or
| 16 | | permit. The Secretary of State
shall charge no fee to issue | 17 | | such card. The card shall be prepared and
supplied by the | 18 | | Secretary of State, and shall include a photograph and | 19 | | signature or mark of the
applicant, a designation indicating | 20 | | that the card is an Illinois Disabled
Person Identification | 21 | | Card, and shall include a comprehensible designation
of the | 22 | | type and classification of the applicant's disability as set | 23 | | out in
Section 4A of this Act. However, the Secretary of State | 24 | | may provide by rule for the issuance of Illinois Disabled | 25 | | Person Identification Cards without photographs if the | 26 | | applicant has a bona fide religious objection to being |
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| 1 | | photographed or to the display of his or her photograph. If the | 2 | | applicant so requests, the card shall
include a description of | 3 | | the applicant's disability and any information
about the | 4 | | applicant's disability or medical history which the Secretary
| 5 | | determines would be helpful to the applicant in securing | 6 | | emergency medical
care. If a mark is used in lieu of a | 7 | | signature, such mark
shall be affixed to the card in the | 8 | | presence of two witnesses who attest to
the authenticity of the | 9 | | mark. The Illinois
Disabled Person Identification Card may be | 10 | | used for identification purposes
in any lawful situation by the | 11 | | person to whom it was issued.
| 12 | | The Illinois Disabled Person Identification Card may be | 13 | | used as adequate
documentation of disability in lieu of a | 14 | | physician's determination of
disability, a determination of | 15 | | disability from a physician assistant who has
been delegated | 16 | | the authority to make this determination by his or her
| 17 | | supervising physician, a determination of disability from an | 18 | | advanced practice
nurse who has a written collaborative | 19 | | agreement with a collaborating physician
that
authorizes the | 20 | | advanced practice nurse to make this determination, or any
| 21 | | other documentation
of disability whenever
any
State law
| 22 | | requires that a disabled person provide such documentation of | 23 | | disability,
however an Illinois Disabled Person Identification | 24 | | Card shall not qualify
the cardholder to participate in any | 25 | | program or to receive any benefit
which is not available to all | 26 | | persons with like disabilities.
Notwithstanding any other |
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| 1 | | provisions of law, an Illinois Disabled Person
Identification | 2 | | Card, or evidence that the Secretary of State has issued an
| 3 | | Illinois Disabled Person Identification Card, shall not be used | 4 | | by any
person other than the person named on such card to prove | 5 | | that the person
named on such card is a disabled person or for | 6 | | any other purpose unless the
card is used for the benefit of | 7 | | the person named on such card, and the
person named on such | 8 | | card consents to such use at the time the card is so used.
| 9 | | An optometrist's determination of a visual disability | 10 | | under Section 4A of this Act is acceptable as documentation for | 11 | | the purpose of issuing an Illinois Disabled Person | 12 | | Identification Card. | 13 | | When medical information is contained on an Illinois | 14 | | Disabled Person
Identification Card, the Office of the | 15 | | Secretary of State shall not be
liable for any actions taken | 16 | | based upon that medical information.
| 17 | | (c) Beginning January 1, 1986, the Secretary of State shall | 18 | | provide
that each original or renewal Illinois Identification | 19 | | Card or Illinois
Disabled Person Identification Card issued to | 20 | | a person under the age of 21,
shall be of a distinct nature | 21 | | from those Illinois Identification Cards or
Illinois Disabled | 22 | | Person Identification Cards issued to individuals 21
years of | 23 | | age or older. The color designated for Illinois Identification
| 24 | | Cards or Illinois Disabled Person Identification Cards for | 25 | | persons under
the age of 21 shall be at the discretion of the | 26 | | Secretary of State.
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| 1 | | (c-1) Beginning January 1, 2003, each original or renewal | 2 | | Illinois
Identification Card or Illinois Disabled Person | 3 | | Identification Card issued to
a person under the age of 21 | 4 | | shall display the date upon which the person
becomes 18 years | 5 | | of age and the date upon which the person becomes 21 years of
| 6 | | age.
| 7 | | (d) The Secretary of State may issue a Senior Citizen
| 8 | | discount card, to any natural person who is a resident of the | 9 | | State of
Illinois who is 60 years of age or older and who | 10 | | applies for such a card or
renewal thereof. The Secretary of | 11 | | State shall charge no fee to issue such
card. The card shall be | 12 | | issued in every county and applications shall be
made available | 13 | | at, but not limited to, nutrition sites, senior citizen
centers | 14 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 15 | | card and prior to its use for any purpose, shall have affixed | 16 | | thereon in
the space provided therefor his signature or mark.
| 17 | | (e) The Secretary of State, in his or her discretion, may | 18 | | designate on each Illinois
Identification Card or Illinois | 19 | | Disabled Person Identification Card a space where the card | 20 | | holder may place a sticker or decal, issued by the Secretary of | 21 | | State, of uniform size as the Secretary may specify, that shall | 22 | | indicate in appropriate language that the card holder has | 23 | | renewed his or her Illinois
Identification Card or Illinois | 24 | | Disabled Person Identification Card. | 25 | | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | 26 | | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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| 1 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 2 | | Sec. 5. Applications. Any natural person who is a resident | 3 | | of the
State of Illinois, may file an application for an | 4 | | identification card or for
the renewal thereof, in a manner | 5 | | prescribed by the Secretary. Each original application
shall be | 6 | | completed by the applicant in full and shall set forth the | 7 | | legal
name,
residence address and zip code, social security | 8 | | number, birth date, sex and
a brief
description of the | 9 | | applicant. The applicant shall be photographed, unless the | 10 | | Secretary of State has provided by rule for the issuance of | 11 | | identification cards without photographs and the applicant is | 12 | | deemed eligible for an identification card without a photograph | 13 | | under the terms and conditions imposed by the Secretary of | 14 | | State, and he
or she shall also submit any other information as | 15 | | the Secretary may deem necessary
or such documentation as the | 16 | | Secretary may require to determine the
identity of the | 17 | | applicant. In addition to the residence address, the Secretary | 18 | | may allow the applicant to provide a mailing address. If the | 19 | | applicant is a judicial officer as defined in Section 1-10 of | 20 | | the Judicial Privacy Act, the applicant may elect to have his | 21 | | or her office or work address in lieu of the applicant's | 22 | | residence or mailing address. An applicant for a disabled | 23 | | persons card must
also submit with each original or renewal | 24 | | application, on forms prescribed
by the Secretary, such | 25 | | documentation as the Secretary may require,
establishing that |
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| 1 | | the applicant is a "disabled person" as defined in
Section 4A | 2 | | of this Act, and setting forth the applicant's type and class | 3 | | of
disability as set forth in Section 4A of this Act.
| 4 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 5 | | Section 4-20. The Illinois Vehicle Code is amended by | 6 | | changing Sections 3-405, 6-106, and 6-110 as follows:
| 7 | | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
| 8 | | Sec. 3-405. Application for registration.
| 9 | | (a) Every owner of a vehicle subject to registration under | 10 | | this Code shall
make application to the Secretary of State for | 11 | | the registration of such
vehicle upon the appropriate form or | 12 | | forms furnished by the Secretary.
Every such application shall | 13 | | bear the signature of the owner
written with pen and ink and | 14 | | contain:
| 15 | | 1. The name, domicile address, as defined in Section | 16 | | 1-115.5 of this Code, (except as otherwise provided in this
| 17 | | paragraph 1) and mail address of the owner or
business | 18 | | address of the owner if a firm, association or corporation. | 19 | | If
the mailing address is a post office box number, the | 20 | | address listed on the
driver license record may be used to | 21 | | verify residence.
A police officer, a deputy sheriff, an | 22 | | elected sheriff, a law enforcement
officer for the | 23 | | Department of State Police, a fire investigator, a state's | 24 | | attorney, an assistant state's attorney, or a state's |
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| 1 | | attorney special investigator , or a judicial officer may | 2 | | elect to
furnish
the address of the headquarters of the | 3 | | governmental entity , or police district , or business | 4 | | address
where he or she
works instead of his or her | 5 | | domicile address, in which case that address shall
be | 6 | | deemed to be his or her domicile address for all purposes | 7 | | under this
Chapter 3.
The spouse and children of a person | 8 | | who may elect under this paragraph 1 to
furnish the address | 9 | | of the headquarters of the government entity , or police
| 10 | | district , or business address where the person works | 11 | | instead of the person's domicile address may,
if they | 12 | | reside with that person, also elect to furnish the address | 13 | | of the
headquarters of the government entity , or police | 14 | | district , or business address where the person works
as | 15 | | their domicile address, in which case that address shall be | 16 | | deemed to be
their domicile address for all purposes under | 17 | | this Chapter 3.
In this paragraph 1: (A)
"police officer" | 18 | | has the meaning ascribed to "policeman" in Section 10-3-1 | 19 | | of
the Illinois Municipal Code; (B) "deputy sheriff" means | 20 | | a deputy sheriff
appointed under Section 3-6008 of the | 21 | | Counties Code; (C) "elected sheriff"
means a sheriff | 22 | | commissioned pursuant to Section 3-6001 of the Counties | 23 | | Code;
(D) "fire
investigator" means a person classified as | 24 | | a peace officer under the Peace
Officer Fire Investigation | 25 | | Act; and (E) "state's attorney", "assistant state's | 26 | | attorney", and "state's attorney special investigator" |
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| 1 | | mean a state's attorney, assistant state's attorney, and | 2 | | state's attorney special investigator commissioned or | 3 | | appointed under Division 3-9 of the Counties Code ; and (F) | 4 | | "judicial officer" has the meaning ascribed to it in | 5 | | Section 1-10 of the Judicial Privacy Act .
| 6 | | 2. A description of the vehicle, including such | 7 | | information as is
required in an application for a | 8 | | certificate of title, determined under such
standard | 9 | | rating as may be prescribed by the Secretary.
| 10 | | 3. Information
relating to the
insurance policy for the | 11 | | motor vehicle, including the name of the insurer which | 12 | | issued the policy, the policy number, and the expiration | 13 | | date of the policy.
| 14 | | 4. Such further information as may reasonably be | 15 | | required by the
Secretary to enable him to determine | 16 | | whether the vehicle is
lawfully entitled to registration | 17 | | and the owner entitled to a certificate
of title.
| 18 | | 5. An affirmation by the applicant that all information | 19 | | set forth is
true and correct. If the
application is for | 20 | | the registration of a motor vehicle, the applicant also
| 21 | | shall affirm that the motor vehicle is insured as required | 22 | | by this Code,
that such insurance will be maintained | 23 | | throughout the period for which the
motor vehicle shall be | 24 | | registered, and that neither the owner, nor any
person | 25 | | operating the motor vehicle with the owner's permission, | 26 | | shall
operate the motor vehicle unless the required |
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| 1 | | insurance is in effect. If
the person signing the | 2 | | affirmation is not the sole owner of the vehicle,
such | 3 | | person shall be deemed to have affirmed on behalf of all | 4 | | the owners of
the vehicle. If the person signing the | 5 | | affirmation is not an owner of the
vehicle, such person | 6 | | shall be deemed to have affirmed on behalf of the
owner or | 7 | | owners of the vehicle. The lack of signature on the | 8 | | application
shall not in any manner exempt the owner or | 9 | | owners from any provisions,
requirements or penalties of | 10 | | this Code.
| 11 | | (b) When such application refers to a new vehicle purchased | 12 | | from a
dealer the application shall be accompanied by a | 13 | | Manufacturer's Statement
of Origin from the dealer, and a | 14 | | statement showing any lien retained by the
dealer.
| 15 | | (Source: P.A. 95-207, eff. 1-1-08; 96-580, eff. 1-1-10.)
| 16 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 17 | | Sec. 6-106. Application for license or instruction permit.
| 18 | | (a) Every application for any permit or license authorized | 19 | | to be issued
under this Act shall be made upon a form furnished | 20 | | by the Secretary of
State. Every application shall be | 21 | | accompanied by the proper fee and payment
of such fee shall | 22 | | entitle the applicant to not more than 3 attempts to pass
the | 23 | | examination within a period of 1 year after the date of | 24 | | application.
| 25 | | (b) Every application shall state the legal name, social |
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| 1 | | security
number, zip
code, date of birth, sex, and residence | 2 | | address of the applicant; briefly
describe the applicant; state | 3 | | whether the applicant has theretofore been
licensed as a | 4 | | driver, and, if so, when and by what state or country, and
| 5 | | whether any such license has ever been cancelled, suspended, | 6 | | revoked or
refused, and, if so, the date and reason for such | 7 | | cancellation, suspension,
revocation or refusal; shall include | 8 | | an affirmation by the applicant that
all information set forth | 9 | | is true and correct; and shall bear the
applicant's signature. | 10 | | In addition to the residence address, the Secretary may allow | 11 | | the applicant to provide a mailing address. In the case of an | 12 | | applicant who is a judicial officer, the Secretary may allow | 13 | | the applicant to provide an office or work address in lieu of a | 14 | | residence or mailing address. The application form may
also | 15 | | require the statement of such additional relevant information | 16 | | as the
Secretary of State shall deem necessary to determine the | 17 | | applicant's
competency and eligibility. The Secretary of State | 18 | | may, in his
discretion, by rule or regulation, provide that an | 19 | | application for a
drivers license or permit may include a | 20 | | suitable photograph of the
applicant in the
form prescribed by | 21 | | the Secretary, and he may further provide that each
drivers | 22 | | license shall include a photograph of the driver. The Secretary | 23 | | of
State may utilize a photograph process or system most | 24 | | suitable to deter
alteration or improper reproduction of a | 25 | | drivers license and to prevent
substitution of another photo | 26 | | thereon.
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| 1 | | (c) The application form shall include a notice to the | 2 | | applicant of the
registration obligations of sex offenders | 3 | | under the Sex Offender Registration
Act. The notice shall be | 4 | | provided in a form and manner prescribed by the
Secretary of | 5 | | State. For purposes of this subsection (c), "sex offender" has
| 6 | | the meaning ascribed to it in Section 2 of the Sex Offender | 7 | | Registration Act.
| 8 | | (d) Any male United States citizen or immigrant who applies | 9 | | for any
permit or
license authorized to be issued under this | 10 | | Act or for a renewal of any permit
or
license,
and who is at | 11 | | least 18 years of age but less than 26 years of age, must be
| 12 | | registered in compliance with the requirements of the federal | 13 | | Military
Selective
Service Act.
The Secretary of State must | 14 | | forward in an electronic format the necessary
personal | 15 | | information regarding the applicants identified in this | 16 | | subsection (d)
to
the Selective Service System. The applicant's | 17 | | signature on the application
serves
as an indication that the | 18 | | applicant either has already registered with the
Selective
| 19 | | Service System or that he is authorizing the Secretary to | 20 | | forward to the
Selective
Service System the necessary | 21 | | information for registration. The Secretary must
notify the | 22 | | applicant at the time of application that his signature | 23 | | constitutes
consent to registration with the Selective Service | 24 | | System, if he is not already
registered.
| 25 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
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| 1 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 2 | | Sec. 6-110. Licenses issued to drivers.
| 3 | | (a) The Secretary of State shall issue to every qualifying | 4 | | applicant a
driver's license as applied for, which license | 5 | | shall bear a
distinguishing
number assigned to the licensee, | 6 | | the legal name,
signature, zip
code, date of birth, residence | 7 | | address, and a brief description of the
licensee.
| 8 | | Licenses issued shall also indicate the classification and
| 9 | | the restrictions under Section 6-104 of this Code.
| 10 | | A driver's license issued may, in the discretion of the | 11 | | Secretary,
include a suitable photograph of a type prescribed | 12 | | by the Secretary.
| 13 | | (a-1) If the licensee is less than 18 years of age, unless | 14 | | one of the exceptions in subsection (a-2) apply, the license | 15 | | shall, as a matter of law, be invalid for the operation of any | 16 | | motor vehicle during the following times: | 17 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 18 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 19 | | Sunday; and | 20 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 21 | | inclusive, and 6:00 a.m. on the following day. | 22 | | (a-2) The driver's license of a person under the age of 18 | 23 | | shall not be invalid as described in subsection (a-1) of this | 24 | | Section if the licensee under the age of 18 was: | 25 | | (1) accompanied by the licensee's parent or guardian or | 26 | | other person in custody or control of the minor; |
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| 1 | | (2) on an errand at the direction of the minor's parent | 2 | | or guardian, without any detour or stop; | 3 | | (3) in a motor vehicle involved in interstate travel; | 4 | | (4) going to or returning home from an employment | 5 | | activity, without any detour or stop; | 6 | | (5) involved in an emergency; | 7 | | (6) going to or returning home from, without any detour | 8 | | or stop, an official school, religious, or other | 9 | | recreational activity supervised by adults and sponsored | 10 | | by a government or governmental agency, a civic | 11 | | organization, or another similar entity that takes | 12 | | responsibility for the licensee, without any detour or | 13 | | stop; | 14 | | (7) exercising First Amendment rights protected by the | 15 | | United States Constitution, such as the free exercise of | 16 | | religion, freedom of speech, and the right of assembly; or | 17 | | (8) married or had been married or is an emancipated | 18 | | minor under the Emancipation of Minors Act. | 19 | | (a-2.5) The driver's license of a person who is 17 years of | 20 | | age and has been licensed for at least 12 months is not invalid | 21 | | as described in subsection (a-1) of this Section while the | 22 | | licensee is participating as an assigned driver in a Safe Rides | 23 | | program that meets the following criteria: | 24 | | (1) the program is sponsored by the Boy Scouts of | 25 | | America or another national public service organization; | 26 | | and |
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| 1 | | (2) the sponsoring organization carries liability | 2 | | insurance covering the program. | 3 | | (a-3) If a graduated driver's license holder over the age | 4 | | of 18 committed an offense against traffic regulations | 5 | | governing the movement of vehicles or any violation of Section | 6 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 7 | | the graduated driver's license holder's 18th birthday, and was | 8 | | subsequently convicted of the offense, the provisions of | 9 | | subsection (a-1) shall continue to apply until such time as a | 10 | | period of 6 consecutive months has elapsed without an | 11 | | additional violation and subsequent conviction of an offense | 12 | | against traffic regulations governing the movement of vehicles | 13 | | or Section 6-107 or Section 12-603.1 of this Code.
| 14 | | (a-4) If an applicant for a driver's license or instruction | 15 | | permit has a current identification card issued by the | 16 | | Secretary of State, the Secretary may require the applicant to | 17 | | utilize the same residence address and name on the | 18 | | identification card, driver's license, and instruction permit | 19 | | records maintained by the Secretary. The Secretary may | 20 | | promulgate rules to implement this provision. | 21 | | (a-5) If an applicant for a driver's license is a judicial | 22 | | officer, the applicant may elect to have his or her office or | 23 | | work address listed on the license instead of the applicant's | 24 | | residence or mailing address. The Secretary of State shall | 25 | | adopt rules to implement this subsection (a-5). | 26 | | (b) Until the Secretary of State establishes a First Person |
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| 1 | | Consent organ and tissue donor registry under Section 6-117 of | 2 | | this Code, the Secretary of State shall provide a format on the | 3 | | reverse of
each driver's license issued which the licensee may | 4 | | use to execute a document
of gift conforming to the provisions | 5 | | of the Illinois Anatomical Gift Act.
The format shall allow the | 6 | | licensee to indicate the gift intended, whether
specific | 7 | | organs, any organ, or the entire body, and shall accommodate | 8 | | the
signatures of the donor and 2 witnesses. The Secretary | 9 | | shall also inform
each applicant or licensee of this format, | 10 | | describe the procedure for its
execution, and may offer the | 11 | | necessary witnesses; provided that in so doing,
the Secretary | 12 | | shall advise the applicant or licensee that he or she is
under | 13 | | no compulsion to execute a document of gift. A brochure
| 14 | | explaining this method of executing an anatomical gift document | 15 | | shall be given
to each applicant or licensee. The brochure | 16 | | shall advise the applicant or
licensee that he or she is under | 17 | | no compulsion to execute a document of
gift, and that he or she | 18 | | may wish to consult with family, friends or clergy
before doing | 19 | | so. The Secretary of State may undertake additional efforts,
| 20 | | including education and awareness activities, to promote organ | 21 | | and tissue
donation.
| 22 | | (c) The Secretary of State shall designate on each driver's | 23 | | license issued
a space where the licensee may place a sticker | 24 | | or decal of the uniform
size as the Secretary may specify, | 25 | | which sticker or decal may indicate in
appropriate language | 26 | | that the owner of the license carries an Emergency
Medical |
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| 1 | | Information Card.
| 2 | | The sticker may be provided by any person, hospital, | 3 | | school,
medical group, or association interested in assisting | 4 | | in implementing
the Emergency Medical Information Card, but | 5 | | shall meet the specifications
as the Secretary may by rule or | 6 | | regulation require.
| 7 | | (d) The Secretary of State shall designate on each driver's | 8 | | license issued
a space where the licensee may indicate his | 9 | | blood type and RH factor.
| 10 | | (e) The Secretary of State shall provide
that each original | 11 | | or renewal driver's license issued to a licensee under
21 years | 12 | | of age shall be of a distinct nature from those driver's | 13 | | licenses
issued to individuals 21 years of age and older. The | 14 | | color designated for
driver's licenses for licensees under 21 | 15 | | years of age shall be at the
discretion of the Secretary of | 16 | | State.
| 17 | | (e-1) The Secretary shall provide that each driver's | 18 | | license issued to a
person under the age of 21 displays the | 19 | | date upon which the person becomes 18
years of age and the date | 20 | | upon which the person becomes 21 years of age.
| 21 | | (f) The Secretary of State shall inform all Illinois | 22 | | licensed
commercial motor vehicle operators of the | 23 | | requirements of the Uniform
Commercial Driver License Act, | 24 | | Article V of this Chapter, and shall make
provisions to insure | 25 | | that all drivers, seeking to obtain a commercial
driver's | 26 | | license, be afforded an opportunity prior to April 1, 1992, to
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| 1 | | obtain the license. The Secretary is authorized to extend
| 2 | | driver's license expiration dates, and assign specific times, | 3 | | dates and
locations where these commercial driver's tests shall | 4 | | be conducted. Any
applicant, regardless of the current | 5 | | expiration date of the applicant's
driver's license, may be | 6 | | subject to any assignment by the Secretary.
Failure to comply | 7 | | with the Secretary's assignment may result in the
applicant's | 8 | | forfeiture of an opportunity to receive a commercial driver's
| 9 | | license prior to April 1, 1992.
| 10 | | (g) The Secretary of State shall designate on a
driver's | 11 | | license issued, a space where the licensee may indicate that he | 12 | | or
she has drafted a living will in accordance with the | 13 | | Illinois Living Will
Act or a durable power of attorney for | 14 | | health care in accordance with the
Illinois Power of Attorney | 15 | | Act.
| 16 | | (g-1) The Secretary of State, in his or her discretion, may | 17 | | designate on
each driver's license issued a space where the | 18 | | licensee may place a sticker or
decal, issued by the Secretary | 19 | | of State, of uniform size as the Secretary may
specify, that | 20 | | shall indicate in appropriate language that the owner of the
| 21 | | license has renewed his or her driver's license.
| 22 | | (h) A person who acts in good faith in accordance with the | 23 | | terms of
this Section is not liable for damages in any civil | 24 | | action or subject to
prosecution in any criminal proceeding for | 25 | | his or her act.
| 26 | | (Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; |
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| 1 | | 97-263, eff. 8-5-11.)
| 2 | | Section 4-99. Effective date. This Act and this Section | 3 | | takes effect 60 days after becoming law, except that Sections | 4 | | 4-18 and 4-20 take effect January 1, 2013.
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