HB3024 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3024

 

Introduced , by Rep. John M. Cabello

 

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 and 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 shall 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, in consultation with the Office of the Secretary of State, shall prescribe the form of the identification card, which may be similar to the form of the standard Illinois Identification Card. Provides that the County Department or sheriff shall inform the prisoner or detainee that he or she may present the identification card to the Office of the Secretary of State upon application for a standard Illinois Identification Card in accordance with the Illinois Identification Card Act. Provides that the County Department or sheriff shall require the prisoner or detainee to pay a $1 fee for the identification card.


LRB100 08710 RLC 18846 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3024LRB100 08710 RLC 18846 b

1    AN ACT concerning criminal law.
 
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    (Text of Section after amendment by P.A. 99-907)
8    Sec. 4. Identification Card.
9    (a) The Secretary of State shall issue a standard Illinois
10Identification Card to any natural person who is a resident of
11the State of Illinois who applies for such card, or renewal
12thereof. No identification card shall be issued to any person
13who holds a valid foreign state identification card, license,
14or permit unless the person first surrenders to the Secretary
15of State the valid foreign state identification card, license,
16or permit. The card shall be prepared and supplied by the
17Secretary of State and shall include a photograph and signature
18or mark of the applicant. However, the Secretary of State may
19provide by rule for the issuance of Illinois Identification
20Cards without photographs if the applicant has a bona fide
21religious objection to being photographed or to the display of
22his or her photograph. The Illinois Identification Card may be
23used for identification purposes in any lawful situation only

 

 

HB3024- 2 -LRB100 08710 RLC 18846 b

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

 

 

HB3024- 3 -LRB100 08710 RLC 18846 b

1The Secretary shall charge an additional fee for the expedited
2issuance of an Illinois Identification Card, to be set by rule,
3not to exceed $75. All fees collected by the Secretary for
4expedited 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 Card.
8If 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 release
16on parole, mandatory supervised release, aftercare release,
17final discharge, or pardon from the Department of Corrections
18or Department of Juvenile Justice or to a prisoner or detainee
19upon release from the county jail or County Department of
20Corrections, if the released person presents a certified copy
21of his or her birth certificate, social security card or other
22documents authorized by the Secretary, and 2 documents proving
23his or her Illinois residence address. Documents proving
24residence address may include any official document of the
25Department of Corrections, or the Department of Juvenile
26Justice, County Department of Corrections, or county jail

 

 

HB3024- 4 -LRB100 08710 RLC 18846 b

1showing the released person's address after release and a
2Secretary of State prescribed certificate of residency form,
3which may be executed by Department of Corrections, or
4Department of Juvenile Justice, County Department of
5Corrections, 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 days
22prior to the date of application for the Illinois
23Identification Card. Documents proving residence address shall
24include any official document of the Department of Corrections,
25or the Department of Juvenile Justice, County Department of
26Corrections, or county jail showing the person's address after

 

 

HB3024- 5 -LRB100 08710 RLC 18846 b

1release and a Secretary of State prescribed certificate of
2residency, which may be executed by Department of Corrections,
3or Department of Juvenile Justice, County Department of
4Corrections, 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 standard
10Illinois Identification Card shall be issued. A limited-term
11Illinois Identification Card may not be renewed.
12    (b) The Secretary of State shall issue a special Illinois
13Identification Card, which shall be known as an Illinois Person
14with a Disability Identification Card, to any natural person
15who is a resident of the State of Illinois, who is a person
16with a disability as defined in Section 4A of this Act, who
17applies for such card, or renewal thereof. No Illinois Person
18with a Disability Identification Card shall be issued to any
19person who holds a valid foreign state identification card,
20license, or permit unless the person first surrenders to the
21Secretary of State the valid foreign state identification card,
22license, or permit. The Secretary of State shall charge no fee
23to issue such card. The card shall be prepared and supplied by
24the Secretary of State, and shall include a photograph and
25signature or mark of the applicant, a designation indicating
26that the card is an Illinois Person with a Disability

 

 

HB3024- 6 -LRB100 08710 RLC 18846 b

1Identification Card, and shall include a comprehensible
2designation of the type and classification of the applicant's
3disability as set out in Section 4A of this Act. However, the
4Secretary of State may provide by rule for the issuance of
5Illinois Person with a Disability Identification Cards without
6photographs if the applicant has a bona fide religious
7objection to being photographed or to the display of his or her
8photograph. If the applicant so requests, the card shall
9include a description of the applicant's disability and any
10information about the applicant's disability or medical
11history which the Secretary determines would be helpful to the
12applicant in securing emergency medical care. If a mark is used
13in lieu of a signature, such mark shall be affixed to the card
14in the presence of two witnesses who attest to the authenticity
15of the mark. The Illinois Person with a Disability
16Identification Card may be used for identification purposes in
17any lawful situation by the person to whom it was issued.
18    The Illinois Person with a Disability Identification Card
19may be used as adequate documentation of disability in lieu of
20a physician's determination of disability, a determination of
21disability from a physician assistant, a determination of
22disability from an advanced practice nurse, or any other
23documentation of disability whenever any State law requires
24that a person with a disability provide such documentation of
25disability, however an Illinois Person with a Disability
26Identification Card shall not qualify the cardholder to

 

 

HB3024- 7 -LRB100 08710 RLC 18846 b

1participate in any program or to receive any benefit which is
2not available to all persons with like disabilities.
3Notwithstanding any other provisions of law, an Illinois Person
4with a Disability Identification Card, or evidence that the
5Secretary of State has issued an Illinois Person with a
6Disability Identification Card, shall not be used by any person
7other than the person named on such card to prove that the
8person named on such card is a person with a disability or for
9any other purpose unless the card is used for the benefit of
10the person named on such card, and the person named on such
11card consents to such use at the time the card is so used.
12    An optometrist's determination of a visual disability
13under Section 4A of this Act is acceptable as documentation for
14the purpose of issuing an Illinois Person with a Disability
15Identification Card.
16    When medical information is contained on an Illinois Person
17with a Disability Identification Card, the Office of the
18Secretary of State shall not be liable for any actions taken
19based upon that medical information.
20    (c) The Secretary of State shall provide that each original
21or renewal Illinois Identification Card or Illinois Person with
22a Disability Identification Card issued to a person under the
23age of 21 shall be of a distinct nature from those Illinois
24Identification Cards or Illinois Person with a Disability
25Identification Cards issued to individuals 21 years of age or
26older. The color designated for Illinois Identification Cards

 

 

HB3024- 8 -LRB100 08710 RLC 18846 b

1or Illinois Person with a Disability Identification Cards for
2persons under the age of 21 shall be at the discretion of the
3Secretary of State.
4    (c-1) Each original or renewal Illinois Identification
5Card or Illinois Person with a Disability Identification Card
6issued to a person under the age of 21 shall display the date
7upon which the person becomes 18 years of age and the date upon
8which the person becomes 21 years of age.
9    (c-3) The General Assembly recognizes the need to identify
10military veterans living in this State for the purpose of
11ensuring that they receive all of the services and benefits to
12which they are legally entitled, including healthcare,
13education assistance, and job placement. To assist the State in
14identifying these veterans and delivering these vital services
15and benefits, the Secretary of State is authorized to issue
16Illinois Identification Cards and Illinois Person with a
17Disability Identification Cards with the word "veteran"
18appearing on the face of the cards. This authorization is
19predicated on the unique status of veterans. The Secretary may
20not issue any other identification card which identifies an
21occupation, status, affiliation, hobby, or other unique
22characteristics of the identification card holder which is
23unrelated to the purpose of the identification card.
24    (c-5) Beginning on or before July 1, 2015, the Secretary of
25State shall designate a space on each original or renewal
26identification card where, at the request of the applicant, the

 

 

HB3024- 9 -LRB100 08710 RLC 18846 b

1word "veteran" shall be placed. The veteran designation shall
2be available to a person identified as a veteran under
3subsection (b) of Section 5 of this Act who was discharged or
4separated under honorable conditions.
5    (d) The Secretary of State may issue a Senior Citizen
6discount card, to any natural person who is a resident of the
7State of Illinois who is 60 years of age or older and who
8applies for such a card or renewal thereof. The Secretary of
9State shall charge no fee to issue such card. The card shall be
10issued in every county and applications shall be made available
11at, but not limited to, nutrition sites, senior citizen centers
12and Area Agencies on Aging. The applicant, upon receipt of such
13card and prior to its use for any purpose, shall have affixed
14thereon in the space provided therefor his signature or mark.
15    (e) The Secretary of State, in his or her discretion, may
16designate on each Illinois Identification Card or Illinois
17Person with a Disability Identification Card a space where the
18card holder may place a sticker or decal, issued by the
19Secretary of State, of uniform size as the Secretary may
20specify, that shall indicate in appropriate language that the
21card holder has renewed his or her Illinois Identification Card
22or Illinois Person with a Disability Identification Card.
23(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2498-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
257-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
26eff. 7-28-16; 99-907, eff. 7-1-17.)
 

 

 

HB3024- 10 -LRB100 08710 RLC 18846 b

1    (15 ILCS 335/12)  (from Ch. 124, par. 32)
2    (Text of Section after amendment by P.A. 99-907)
3    Sec. 12. Fees concerning standard Standard Illinois
4Identification Cards. The fees required under this Act for
5standard Illinois Identification Cards must accompany any
6application provided for in this Act, and the Secretary shall
7collect such fees as follows:
8    a. Original card...............................$20
9    b. Renewal card................................20
10    c. Corrected card..............................10
11    d. Duplicate card..............................20
12    e. Certified copy with seal ...................5
13    f. Search .....................................2
14    g. Applicant 65 years of age or over ..........No Fee
15    h. (Blank) ....................................
16    i. Individual living in Veterans
17        Home or Hospital ...........................No Fee
18    j. Original card under 18 years of age..........$10
19    k. Renewal card under 18 years of age...........$10
20    l. Corrected card under 18 years of age.........$5
21    m. Duplicate card under 18 years of age.........$10
22    n. Homeless person..............................No Fee
23    o. Duplicate card issued to an active-duty
24        member of the United States Armed Forces, the
25        member's spouse, or dependent children

 

 

HB3024- 11 -LRB100 08710 RLC 18846 b

1        living with the member......................No Fee
2    p. Duplicate temporary card.....................$5
3    q. p. First card issued to a youth
4        for whom the Department of Children
5        and Family Services is legally responsible
6        for or a foster child upon turning the age of
7        16 years old until he or she reaches
8        they reach the age of 21 years old.......... No Fee
9    r. p. Original card issued to a committed
10        person upon release on parole,
11        mandatory supervised release,
12        aftercare release, final
13        discharge, or pardon from the
14        Department of Corrections or
15        Department of Juvenile No Fee
16        Justice or to a
17        prisoner or detainee
18        upon release from the
19        County Department of
20        Corrections or county
21        jail........................................
22    s. q. Limited-term Illinois Identification
23        Card issued to a committed person
24        upon release on parole, mandatory
25        supervised release, aftercare
26        release, final discharge, or pardon

 

 

HB3024- 12 -LRB100 08710 RLC 18846 b

1        from the Department of
2        Corrections or Department of
3        Juvenile Justice or to a No Fee
4        prisoner or
5        detainee upon release
6        from the County
7        Department of
8        Corrections or county
9        jail........................................
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 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 home
23or veterans hospital operated by the State 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

 

 

HB3024- 13 -LRB100 08710 RLC 18846 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 for or a foster child to be
8issued at no fee, the youth must submit, along with the
9application, an affirmation by his or her court appointed
10attorney or an employee of the Department of Children and
11Family Services on a form provided by the Secretary of State,
12that the person is a youth for whom the Department of Children
13and Family Services is legally responsible for or a foster
14child.
15    The fee for any duplicate identification card shall be
16waived for any person who presents the Secretary of State's
17Office with a police report showing that his or her
18identification card was stolen.
19    The fee for any duplicate identification card shall be
20waived for any person age 60 or older whose identification card
21has been lost or stolen.
22    As used in this Section, "active-duty member of the United
23States Armed Forces" means a member of the Armed Services or
24Reserve Forces of the United States or a member of the Illinois
25National Guard who is called to active duty pursuant to an
26executive order of the President of the United States, an act

 

 

HB3024- 14 -LRB100 08710 RLC 18846 b

1of the Congress of the United States, or an order of the
2Governor.
3(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
499-907, eff. 7-1-17; revised 1-3-17.)
 
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 Department
11or sheriff shall provide the person who has met the criteria
12established by the Department or sheriff with an identification
13card identifying the person as being released from the County
14Department of Corrections or county jail. The County Department
15or sheriff, in consultation with the Office of the Secretary of
16State, shall prescribe the form of the identification card,
17which may be similar to the form of the standard Illinois
18Identification Card. The County Department or sheriff shall
19inform the prisoner or detainee that he or she may present the
20identification card to the Office of the Secretary of State
21upon application for a standard Illinois Identification Card in
22accordance with the Illinois Identification Card Act. The
23County Department or sheriff shall require the prisoner or
24detainee to pay a $1 fee for the identification card.
 

 

 

HB3024- 15 -LRB100 08710 RLC 18846 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.