Full Text of SB2269 101st General Assembly
SB2269 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2269 Introduced 10/28/2019___________, by SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/11 | from Ch. 124, par. 31 |
625 ILCS 5/6-110.1 |
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Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 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 Section 11 as follows:
| 6 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
| 7 | | Sec. 11. Disclosure of information. | 8 | | (a) The Secretary may make a search of his records and | 9 | | furnish
information as to whether a person has a current | 10 | | Standard Illinois
Identification Card or an Illinois Person | 11 | | with a Disability Identification Card then on
file, upon | 12 | | receipt of a written application therefor accompanied with the
| 13 | | prescribed fee. However, the Secretary may not disclose medical
| 14 | | information concerning an individual to any person, public | 15 | | agency, private
agency, corporation or governmental body | 16 | | unless the individual has
submitted a written request for the | 17 | | information or unless the individual
has given prior written | 18 | | consent for the release of the information to a
specific person | 19 | | or entity. This exception shall not apply to: (1) offices
and | 20 | | employees of the Secretary who have a need to know the medical
| 21 | | information in performance of their official duties, or (2) | 22 | | orders of a
court of competent jurisdiction. When medical | 23 | | information is disclosed by
the Secretary in accordance with |
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| 1 | | the provisions of this Section, no
liability shall rest with | 2 | | the Office of the Secretary of State as the
information is | 3 | | released for informational purposes only. | 4 | | (b) Except as otherwise provided in this Section, the The | 5 | | Secretary may release personally identifying information or | 6 | | highly restricted personal information only to: | 7 | | (1) officers and employees of the Secretary who have a | 8 | | need to know that information; | 9 | | (2) other governmental agencies for use in their | 10 | | official governmental functions; | 11 | | (3) law enforcement agencies that need the information | 12 | | for a criminal or civil investigation; | 13 | | (3-5) the State Board of Elections for the purpose of | 14 | | providing the signatures required by a local election | 15 | | authority to register a voter through an online voter | 16 | | registration system or as may be required by an agreement | 17 | | the State Board of Elections has entered into with a | 18 | | multi-state voter registration list maintenance system; or | 19 | | (4) any entity that the Secretary has authorized, by | 20 | | rule, to receive this information. | 21 | | (c) The Secretary may not disclose an individual's social | 22 | | security number or any associated information obtained from the | 23 | | Social Security Administration without the written request or | 24 | | consent of the individual except: (i) to officers and employees | 25 | | of the Secretary who have a need to know the social security | 26 | | number in the performance of their official duties; (ii) to law |
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| 1 | | enforcement officials for a lawful civil or criminal law | 2 | | enforcement investigation if the head of the law enforcement | 3 | | agency has made a written request to the Secretary specifying | 4 | | the law enforcement investigation for which the social security | 5 | | number is being sought; (iii) under a lawful court order signed | 6 | | by a judge; or (iv) to the Illinois Department of Veterans' | 7 | | Affairs for the purpose of confirming veteran status.
| 8 | | (d) The Secretary of State shall not provide facial | 9 | | recognition search services or photographs obtained in the | 10 | | process of issuing an identification card to any federal, | 11 | | State, or local law enforcement agency or other governmental | 12 | | entity for the purpose of enforcing federal immigration laws. | 13 | | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | 14 | | 98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff. | 15 | | 6-1-15 .)
| 16 | | Section 10. The Illinois Vehicle Code is amended by | 17 | | changing Section 6-110.1 as follows:
| 18 | | (625 ILCS 5/6-110.1)
| 19 | | Sec. 6-110.1. Confidentiality of captured photographs or | 20 | | images. | 21 | | (a) The
Secretary of State shall maintain a file on or | 22 | | contract to file all photographs
and signatures obtained in the | 23 | | process of issuing a driver's license, permit,
or | 24 | | identification card. Except as otherwise provided in this |
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| 1 | | Section, the The photographs and signatures shall be | 2 | | confidential
and shall not be disclosed except to the following | 3 | | persons:
| 4 | | (1) the individual upon written request;
| 5 | | (2) officers and employees of the Secretary of State | 6 | | who have a need
to have access to the stored images for | 7 | | purposes of issuing and controlling
driver's licenses, | 8 | | permits, or identification cards;
| 9 | | (3) law enforcement officials for a lawful civil or | 10 | | criminal
law enforcement investigation;
| 11 | | (3-5) the State Board of Elections for the sole purpose | 12 | | of providing the signatures required by a local election | 13 | | authority to register a voter through an online voter | 14 | | registration system; | 15 | | (3-10) officers and employees of the Secretary of State | 16 | | who have a need to have access to the stored images for | 17 | | purposes of issuing and controlling notary public | 18 | | commissions and for the purpose of providing the signatures | 19 | | required to process online applications for appointment | 20 | | and commission as notaries public; or | 21 | | (4) other entities that the Secretary may exempt by | 22 | | rule.
| 23 | | (b) The Secretary of State shall not provide facial | 24 | | recognition search services or photographs obtained in the | 25 | | process of issuing a driver's license or permit to any federal, | 26 | | State, or local law enforcement agency or other governmental |
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| 1 | | entity for the purpose of enforcing federal immigration laws. | 2 | | (Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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