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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning identification.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by 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 | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof. No identification card shall be issued to any person | 12 | | who holds a valid
foreign state
identification card, license, | 13 | | or permit unless the person first surrenders to
the Secretary | 14 | | of
State the valid foreign state identification card, license, | 15 | | or permit. The card shall be prepared and
supplied by the | 16 | | Secretary of State and shall include a photograph and | 17 | | signature or mark of the
applicant. However, the Secretary of | 18 | | State may provide by rule for the issuance of Illinois | 19 | | Identification Cards without photographs if the applicant has | 20 | | a bona fide religious objection to being photographed or to | 21 | | the display of his or her photograph. The Illinois | 22 | | Identification Card may be used for
identification purposes in | 23 | | any lawful situation only by the person to
whom it was issued.
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| 1 | | As used in this Act, "photograph" means any color photograph | 2 | | or digitally
produced and captured image of an applicant for | 3 | | an identification card. As
used in this Act, "signature" means | 4 | | the name of a person as written by that
person and captured in | 5 | | a manner acceptable to the Secretary of State. | 6 | | (a-5) If an applicant for an identification card has a | 7 | | current driver's license or instruction permit issued by the | 8 | | Secretary of State, the Secretary may require the applicant to | 9 | | utilize the same residence address and name on the | 10 | | identification card, driver's license, and instruction permit | 11 | | records maintained by the Secretary. The Secretary may | 12 | | promulgate rules to implement this provision.
| 13 | | (a-10) If the applicant is a judicial officer as defined | 14 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, | 15 | | the applicant may elect to have his or her office or work | 16 | | address listed on the card instead of the applicant's | 17 | | residence or mailing address. The Secretary may promulgate | 18 | | rules to implement this provision. For the purposes of this | 19 | | subsection (a-10), "peace officer" means any person who by | 20 | | virtue of his or her office or public employment is vested by | 21 | | law with a duty to maintain public order or to make arrests for | 22 | | a violation of any penal statute of this State, whether that | 23 | | duty extends to all violations or is limited to specific | 24 | | violations. | 25 | | (a-15) The Secretary of State may provide for an expedited | 26 | | process for the issuance of an Illinois Identification Card. |
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| 1 | | The Secretary shall charge an additional fee for the expedited | 2 | | issuance of an Illinois Identification Card, to be set by | 3 | | rule, not to exceed $75. All fees collected by the Secretary | 4 | | for expedited Illinois Identification Card service shall be | 5 | | deposited into the Secretary of State Special Services Fund. | 6 | | The Secretary may adopt rules regarding the eligibility, | 7 | | process, and fee for an expedited Illinois Identification | 8 | | Card. If the Secretary of State determines that the volume of | 9 | | expedited identification card requests received on a given day | 10 | | exceeds the ability of the Secretary to process those requests | 11 | | in an expedited manner, the Secretary may decline to provide | 12 | | expedited services, and the additional fee for the expedited | 13 | | service shall be refunded to the applicant. | 14 | | (a-20) The Secretary of State shall issue a standard | 15 | | Illinois Identification Card to a committed person upon | 16 | | release on parole, mandatory supervised release, aftercare | 17 | | release, final discharge, or pardon from the Department of | 18 | | Corrections or Department of Juvenile Justice or to a prisoner | 19 | | or detainee upon release from the county jail or County | 20 | | Department of Corrections , if the released person presents a | 21 | | certified copy of his or her birth certificate, social | 22 | | security card or other documents authorized by the Secretary, | 23 | | and 2 documents proving his or her Illinois residence address. | 24 | | Documents proving residence address may include any official | 25 | | document of the Department of Corrections , or the Department | 26 | | of Juvenile Justice , County Department of Corrections, or |
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| 1 | | county jail showing the released person's address after | 2 | | release and a Secretary of State prescribed certificate of | 3 | | residency form, which may be executed by Department of | 4 | | Corrections , or Department of Juvenile Justice , County | 5 | | Department of Corrections, or county jail personnel. | 6 | | (a-25) The Secretary of State shall issue a limited-term | 7 | | Illinois Identification Card valid for 90 days to a committed | 8 | | person upon release on parole, mandatory supervised release, | 9 | | aftercare release, final discharge, or pardon from the | 10 | | Department of Corrections or Department of Juvenile Justice or | 11 | | to a prisoner or detainee upon release from the county jail or | 12 | | County Department of Corrections , if the released person is | 13 | | unable to present a certified copy of his or her birth | 14 | | certificate and social security card or other documents | 15 | | authorized by the Secretary, but does present a Secretary of | 16 | | State prescribed verification form completed by the Department | 17 | | of Corrections , or Department of Juvenile Justice , County | 18 | | Department of Corrections, or county jail , verifying the | 19 | | released person's date of birth and social security number and | 20 | | 2 documents proving his or her Illinois residence address. The | 21 | | verification form must have been completed no more than 30 | 22 | | days prior to the date of application for the Illinois | 23 | | Identification Card. Documents proving residence address shall | 24 | | include any official document of the Department of | 25 | | Corrections , or the Department of Juvenile Justice , County | 26 | | Department of Corrections, or county jail showing the person's |
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| 1 | | address after release and a Secretary of State prescribed | 2 | | certificate of residency, which may be executed by Department | 3 | | of Corrections , or Department of Juvenile Justice , County | 4 | | Department of Corrections, or county jail personnel. | 5 | | Prior to the expiration of the 90-day period of the | 6 | | limited-term Illinois Identification Card, if the released | 7 | | person submits to the Secretary of State a certified copy of | 8 | | his or her birth certificate and his or her social security | 9 | | card or other documents authorized by the Secretary, a | 10 | | standard Illinois Identification Card shall be issued. A | 11 | | limited-term Illinois Identification Card may not be renewed. | 12 | | (a-30) The Secretary of State shall issue a standard | 13 | | Illinois Identification Card to a person upon conditional | 14 | | release or absolute discharge from the custody of the | 15 | | Department of Human Services, if the person presents a | 16 | | certified copy of his or her birth certificate, social | 17 | | security card, or other documents authorized by the Secretary, | 18 | | and a document proving his or her Illinois residence address. | 19 | | The Secretary of State shall issue a standard Illinois | 20 | | Identification Card to a person no sooner than 14 days prior to | 21 | | his or her conditional release or absolute discharge if | 22 | | personnel from the Department of Human Services bring the | 23 | | person to a Secretary of State location with the required | 24 | | documents. Documents proving residence address may include any | 25 | | official document of the Department of Human Services showing | 26 | | the person's address after release and a Secretary of State |
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| 1 | | prescribed verification form, which may be executed by | 2 | | personnel of the Department of Human Services. | 3 | | (a-35) The Secretary of State shall issue a limited-term | 4 | | Illinois Identification Card valid for 90 days to a person | 5 | | upon conditional release or absolute discharge from the | 6 | | custody of the Department of Human Services, if the person is | 7 | | unable to present a certified copy of his or her birth | 8 | | certificate and social security card or other documents | 9 | | authorized by the Secretary, but does present a Secretary of | 10 | | State prescribed verification form completed by the Department | 11 | | of Human Services, verifying the person's date of birth and | 12 | | social security number, and a document proving his or her | 13 | | Illinois residence address. The verification form must have | 14 | | been completed no more than 30 days prior to the date of | 15 | | application for the Illinois Identification Card. The | 16 | | Secretary of State shall issue a limited-term Illinois | 17 | | Identification Card to a person no sooner than 14 days prior to | 18 | | his or her conditional release or absolute discharge if | 19 | | personnel from the Department of Human Services bring the | 20 | | person to a Secretary of State location with the required | 21 | | documents. Documents proving residence address shall include | 22 | | any official document of the Department of Human Services | 23 | | showing the person's address after release and a Secretary of | 24 | | State prescribed verification form, which may be executed
by | 25 | | personnel of the Department of Human Services. | 26 | | (b) The Secretary of State shall issue a special Illinois
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| 1 | | Identification Card, which shall be known as an Illinois | 2 | | Person with a Disability
Identification Card, to any natural | 3 | | person who is a resident of the State
of Illinois, who is a | 4 | | person with a disability as defined in Section 4A of this Act,
| 5 | | who applies for such card, or renewal thereof. No Illinois | 6 | | Person with a Disability Identification Card shall be issued | 7 | | to any person who
holds a valid
foreign state identification | 8 | | card, license, or permit unless the person first
surrenders to | 9 | | the
Secretary of State the valid foreign state identification | 10 | | card, license, or
permit. The Secretary of State
shall charge | 11 | | no fee to issue such card. The card shall be prepared and
| 12 | | supplied by the Secretary of State, and shall include a | 13 | | photograph and signature or mark of the
applicant, a | 14 | | designation indicating that the card is an Illinois
Person | 15 | | with a Disability Identification Card, and shall include a | 16 | | comprehensible designation
of the type and classification of | 17 | | the applicant's disability as set out in
Section 4A of this | 18 | | Act. However, the Secretary of State may provide by rule for | 19 | | the issuance of Illinois Person with a Disability | 20 | | Identification Cards without photographs if the applicant has | 21 | | a bona fide religious objection to being photographed or to | 22 | | the display of his or her photograph. If the applicant so | 23 | | requests, the card shall
include a description of the | 24 | | applicant's disability and any information
about the | 25 | | applicant's disability or medical history which the Secretary
| 26 | | determines would be helpful to the applicant in securing |
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| 1 | | emergency medical
care. If a mark is used in lieu of a | 2 | | signature, such mark
shall be affixed to the card in the | 3 | | presence of two witnesses who attest to
the authenticity of | 4 | | the mark. The Illinois
Person with a Disability Identification | 5 | | Card may be used for identification purposes
in any lawful | 6 | | situation by the person to whom it was issued.
| 7 | | The Illinois Person with a Disability Identification Card | 8 | | may be used as adequate
documentation of disability in lieu of | 9 | | a physician's determination of
disability, a determination of | 10 | | disability from a physician assistant, a determination of | 11 | | disability from an advanced practice registered
nurse, or any
| 12 | | other documentation
of disability whenever
any
State law
| 13 | | requires that a person with a disability provide such | 14 | | documentation of disability,
however an Illinois Person with a | 15 | | Disability Identification Card shall not qualify
the | 16 | | cardholder to participate in any program or to receive any | 17 | | benefit
which is not available to all persons with like | 18 | | disabilities.
Notwithstanding any other provisions of law, an | 19 | | Illinois Person with a Disability
Identification Card, or | 20 | | evidence that the Secretary of State has issued an
Illinois | 21 | | Person with a Disability Identification Card, shall not be | 22 | | used by any
person other than the person named on such card to | 23 | | prove that the person
named on such card is a person with a | 24 | | disability or for any other purpose unless the
card is used for | 25 | | the benefit of the person named on such card, and the
person | 26 | | named on such card consents to such use at the time the card is |
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| 1 | | so used.
| 2 | | An optometrist's determination of a visual disability | 3 | | under Section 4A of this Act is acceptable as documentation | 4 | | for the purpose of issuing an Illinois Person with a | 5 | | Disability Identification Card. | 6 | | When medical information is contained on an Illinois | 7 | | Person with a Disability
Identification Card, the Office of | 8 | | the Secretary of State shall not be
liable for any actions | 9 | | taken based upon that medical information.
| 10 | | (c) The Secretary of State shall provide
that each | 11 | | original or renewal Illinois Identification Card or Illinois
| 12 | | Person with a Disability Identification Card issued to a | 13 | | person under the age of 21
shall be of a distinct nature from | 14 | | those Illinois Identification Cards or
Illinois Person with a | 15 | | Disability Identification Cards issued to individuals 21
years | 16 | | of age or older. The color designated for Illinois | 17 | | Identification
Cards or Illinois Person with a Disability | 18 | | Identification Cards for persons under
the age of 21 shall be | 19 | | at the discretion of the Secretary of State.
| 20 | | (c-1) Each original or renewal Illinois
Identification | 21 | | Card or Illinois Person with a Disability Identification Card | 22 | | issued to
a person under the age of 21 shall display the date | 23 | | upon which the person
becomes 18 years of age and the date upon | 24 | | which the person becomes 21 years of
age.
| 25 | | (c-3) The General Assembly recognizes the need to identify | 26 | | military veterans living in this State for the purpose of |
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| 1 | | ensuring that they receive all of the services and benefits to | 2 | | which they are legally entitled, including healthcare, | 3 | | education assistance, and job placement. To assist the State | 4 | | in identifying these veterans and delivering these vital | 5 | | services and benefits, the Secretary of State is authorized to | 6 | | issue Illinois Identification Cards and Illinois Person with a | 7 | | Disability Identification Cards with the word "veteran" | 8 | | appearing on the face of the cards. This authorization is | 9 | | predicated on the unique status of veterans. The Secretary may | 10 | | not issue any other identification card which identifies an | 11 | | occupation, status, affiliation, hobby, or other unique | 12 | | characteristics of the identification card holder which is | 13 | | unrelated to the purpose of the identification card.
| 14 | | (c-5) Beginning on or before July 1, 2015, the Secretary | 15 | | of State shall designate a space on each original or renewal | 16 | | identification card where, at the request of the applicant, | 17 | | the word "veteran" shall be placed. The veteran designation | 18 | | shall be available to a person identified as a veteran under | 19 | | subsection (b) of Section 5 of this Act who was discharged or | 20 | | separated under honorable conditions. | 21 | | (d) The Secretary of State may issue a Senior Citizen
| 22 | | discount card, to any natural person who is a resident of the | 23 | | State of
Illinois who is 60 years of age or older and who | 24 | | applies for such a card or
renewal thereof. The Secretary of | 25 | | State shall charge no fee to issue such
card. The card shall be | 26 | | issued in every county and applications shall be
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| 1 | | available at, but not limited to, nutrition sites, senior | 2 | | citizen
centers and Area Agencies on Aging. The applicant, | 3 | | upon receipt of such
card and prior to its use for any purpose, | 4 | | shall have affixed thereon in
the space provided therefor his | 5 | | signature or mark.
| 6 | | (e) The Secretary of State, in his or her discretion, may | 7 | | designate on each Illinois
Identification Card or Illinois | 8 | | Person with a Disability Identification Card a space where the | 9 | | card holder may place a sticker or decal, issued by the | 10 | | Secretary of State, of uniform size as the Secretary may | 11 | | specify, that shall indicate in appropriate language that the | 12 | | card holder has renewed his or her Illinois
Identification | 13 | | Card or Illinois Person with a Disability Identification Card. | 14 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 15 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. | 16 | | 7-1-17; 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 | 19 | | Cards. The fees required under this Act for standard Illinois
| 20 | | Identification Cards must accompany any application provided | 21 | | for in this
Act, and the Secretary shall collect such fees as | 22 | | follows: | |
23 | | a. Original card ............................... | $20 | |
24 | | b. Renewal card ................................ | 20 | |
25 | | c. Corrected card .............................. | 10 | |
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| 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, | 15 | | the | | |
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, | | |
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| 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 | | |
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| 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 | 11 | | Road Fund of the State treasury, except that the following | 12 | | amounts shall be paid into the General Revenue Fund:
(i) 80% of | 13 | | the fee for an original, renewal, or duplicate Illinois | 14 | | Identification Card issued on or after January 1, 2005;
and | 15 | | (ii) 80% of the fee for a corrected Illinois Identification | 16 | | Card issued on or after January 1, 2005.
| 17 | | An individual, who resides in a veterans home or veterans | 18 | | hospital
operated by the State or federal government, who | 19 | | makes an application for an
Illinois Identification Card to be | 20 | | issued at no fee, must submit, along
with the application, an | 21 | | affirmation by the applicant on a form provided by
the | 22 | | Secretary of State, that such person resides in a veterans | 23 | | home or
veterans hospital operated by the State or federal | 24 | | government. | 25 | | The application of a homeless individual for an Illinois | 26 | | Identification Card to be issued at no fee must be accompanied |
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| 1 | | by an affirmation by a qualified person, as defined in Section | 2 | | 4C of this Act, on a form provided by the Secretary of State, | 3 | | that the applicant is currently homeless as defined in Section | 4 | | 1A of this Act. | 5 | | For the application for the first Illinois Identification | 6 | | Card of a youth for whom the Department of Children and Family | 7 | | Services is legally responsible or a foster child to be issued | 8 | | at no fee, the youth must submit, along with the application, | 9 | | an affirmation by his or her court appointed attorney or an | 10 | | employee of the Department of Children and Family Services on | 11 | | a form provided by the Secretary of State, that the person is a | 12 | | youth for whom the Department of Children and Family Services | 13 | | is legally responsible or a foster child. | 14 | | The fee for any duplicate identification card shall be | 15 | | waived for any person who presents the Secretary of State's | 16 | | Office with a police report showing that his or her | 17 | | identification card was stolen. | 18 | | The fee for any duplicate identification card shall be | 19 | | waived for any person age 60 or older whose identification | 20 | | card has been lost or stolen. | 21 | | As used in this Section, "active-duty member of the United | 22 | | States Armed Forces" means a member of the Armed Services or | 23 | | Reserve Forces of the United States or a member of the Illinois | 24 | | National Guard who is called to active duty pursuant to an | 25 | | executive order of the President of the United States, an act | 26 | | of the Congress of the United States, or an order of the |
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| 1 | | Governor. | 2 | | (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19; | 3 | | 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff. | 4 | | 1-1-20 .) | 5 | | Section 10. The County Jail Act is amended by adding | 6 | | Section 26.1 as follows: | 7 | | (730 ILCS 125/26.1 new) | 8 | | Sec. 26.1. Prisoner or detainee; identification card. Upon | 9 | | the release of a prisoner or detainee from the County | 10 | | Department of Corrections or county jail, the County | 11 | | Department or sheriff may provide the person who has met the | 12 | | criteria established by the Department or sheriff with an | 13 | | identification card identifying the person as being released | 14 | | from the County Department of Corrections or county jail. The | 15 | | County Department or sheriff, in consultation with the Office | 16 | | of the Secretary of State, shall prescribe the form of the | 17 | | identification card, which may be similar to the form of the | 18 | | standard Illinois Identification Card. The County Department | 19 | | or sheriff shall inform the prisoner or detainee that he or she | 20 | | may present the identification card to the Office of the | 21 | | Secretary of State upon application for a standard Illinois | 22 | | Identification Card in accordance with the Illinois | 23 | | Identification Card Act. The County Department or sheriff may | 24 | | require the prisoner or detainee to pay a $1 fee for the |
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| 1 | | identification card.
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