Full Text of HB0395 100th General Assembly
HB0395enr 100TH GENERAL ASSEMBLY |
| | HB0395 Enrolled | | LRB100 04276 RJF 14282 b |
|
| 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 Sections 1A, 2, 4D, 5, and 8 as follows: | 6 | | (15 ILCS 335/1A) | 7 | | Sec. 1A. Definitions. As used in this Act: | 8 | | "Highly restricted personal information" means an | 9 | | individual's photograph, signature, social security number, | 10 | | and medical or disability information. | 11 | | "Identification card making implement" means any material, | 12 | | hardware, or software that is specifically designed for or | 13 | | primarily used in the manufacture, assembly, issuance, or | 14 | | authentication of an official identification card issued by the | 15 | | Secretary of State. | 16 | | "Fraudulent identification card" means any identification | 17 | | card
that purports to be an official identification card for | 18 | | which a computerized
number and file have not been created by | 19 | | the Secretary of State, the United
States Government or any | 20 | | state or political subdivision thereof, or any
governmental or | 21 | | quasi-governmental organization. For the purpose of this
Act, | 22 | | any identification card that resembles an official | 23 | | identification
card in either size, color, photograph |
| | | HB0395 Enrolled | - 2 - | LRB100 04276 RJF 14282 b |
|
| 1 | | location, or design or uses the word
"official", "state", | 2 | | "Illinois", or the name of any other state or
political | 3 | | subdivision thereof, or any governmental or quasi-governmental
| 4 | | organization individually or in any combination
thereof to | 5 | | describe or modify the term "identification card" or "I.D. | 6 | | card"
anywhere on the card, or uses a shape in the likeness of | 7 | | Illinois
or any other state on the photograph side of
the card, | 8 | | is deemed to be a fraudulent identification card unless the | 9 | | words
"This is not an official Identification Card", appear | 10 | | prominently upon it in
black colored lettering in 12-point 12 | 11 | | point type on the photograph side of the card,
and no such card | 12 | | shall be smaller in size than 3 inches by 4 inches, and the
| 13 | | photograph shall be on the left side of the card only. | 14 | | "Legal name" means the full given name and surname of an | 15 | | individual as recorded at birth, recorded at marriage, or | 16 | | deemed as the correct legal name for use in reporting income by | 17 | | the Social Security Administration or the name as otherwise | 18 | | established through legal action that appears on the associated | 19 | | official document presented to the Secretary of State. | 20 | | "Personally identifying information" means information | 21 | | that identifies an individual, including his or her | 22 | | identification card number, name, address (but not the 5-digit | 23 | | zip code), and telephone number.
| 24 | | "Homeless person" or "homeless individual" has the same | 25 | | meaning as defined by the federal McKinney-Vento Homeless | 26 | | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). |
| | | HB0395 Enrolled | - 3 - | LRB100 04276 RJF 14282 b |
|
| 1 | | "Youth for whom the Department of Children and Family | 2 | | Services is legally responsible for " or "foster "Foster child" | 3 | | means a child or youth whose guardianship or custody has been | 4 | | accepted by the Department of Children and Family Services | 5 | | pursuant to the Juvenile Court Act of 1987, the Children and | 6 | | Family Services Act, the Abused and Neglected Child Reporting | 7 | | Act, and the Adoption Act. This applies to children for whom | 8 | | the Department of Children and Family Services has temporary | 9 | | protective custody, custody or guardianship via court order, or | 10 | | children whose parents have signed an adoptive surrender or | 11 | | voluntary placement agreement with the Department. | 12 | | "REAL ID compliant identification card" means a standard | 13 | | Illinois Identification Card or Illinois Person with a | 14 | | Disability Identification Card issued in compliance with the | 15 | | REAL ID Act and implementing regulations. REAL ID compliant | 16 | | identification cards shall bear a security marking approved by | 17 | | the United States Department of Homeland Security. | 18 | | "Non-compliant identification card" means a standard | 19 | | Illinois Identification Card or Illinois Person with a | 20 | | Disability Identification Card issued in a manner which is not | 21 | | compliant with the REAL ID Act and implementing regulations. | 22 | | Non-compliant identification cards shall be marked "Not for | 23 | | Federal Identification" and shall have a color or design | 24 | | different from the REAL ID compliant identification card. | 25 | | "Limited Term REAL ID compliant identification card" means | 26 | | a REAL ID compliant identification card issued to persons who |
| | | HB0395 Enrolled | - 4 - | LRB100 04276 RJF 14282 b |
|
| 1 | | are not permanent residents or citizens of the United States, | 2 | | and marked "Limited Term" on the face of the card. | 3 | | (Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
| 4 | | (15 ILCS 335/2) (from Ch. 124, par. 22)
| 5 | | Sec. 2. Administration and powers and duties of the | 6 | | Administrator. | 7 | | (a) The Secretary of State is the Administrator of this | 8 | | Act, and he is
charged with the duty of observing, | 9 | | administering and enforcing the
provisions of this Act.
| 10 | | (b) The Secretary is vested with the powers and duties for | 11 | | the
proper administration of this Act as follows:
| 12 | | 1. He shall organize the administration of this Act as | 13 | | he may deem
necessary and appoint such subordinate | 14 | | officers, clerks and other
employees as may be necessary.
| 15 | | 2. From time to time, he may make, amend or rescind | 16 | | rules and
regulations as may be in the public interest to | 17 | | implement the Act.
| 18 | | 3. He may prescribe or provide suitable forms as | 19 | | necessary, including
such forms as are necessary to | 20 | | establish that an applicant for an Illinois
Person with a | 21 | | Disability Identification Card is a "person with a | 22 | | disability" as defined in
Section 4A of this Act, and | 23 | | establish that an applicant for a State identification card | 24 | | is a "homeless person" as defined in Section 1A of this | 25 | | Act.
|
| | | HB0395 Enrolled | - 5 - | LRB100 04276 RJF 14282 b |
|
| 1 | | 4. He may prepare under the seal of the Secretary of | 2 | | State certified
copies of any records utilized under this | 3 | | Act and any such certified
copy shall be admissible in any | 4 | | proceeding in any court in like manner
as the original | 5 | | thereof.
| 6 | | 5. Records compiled under this Act shall be maintained | 7 | | for 6 years,
but the Secretary may destroy such records | 8 | | with the prior approval of
the State Records Commission.
| 9 | | 6. He shall examine and determine the genuineness, | 10 | | regularity and
legality of every application filed with him | 11 | | under this Act, and he may
in all cases investigate the | 12 | | same, require additional information or
proof or | 13 | | documentation from any applicant.
| 14 | | 7. He shall require the payment of all fees prescribed | 15 | | in this Act,
and all such fees received by him shall be | 16 | | placed in the Road Fund of the
State treasury except as | 17 | | otherwise provided in Section 12 of this Act. Whenever any | 18 | | application to the Secretary for an identification card | 19 | | under this Act is accompanied by any fee, as required by | 20 | | law, and the application is denied after a review of | 21 | | eligibility, which may include facial recognition | 22 | | comparison, the applicant shall not be entitled to a refund | 23 | | of any fees paid.
| 24 | | 8. Beginning July 1, 2017, he shall refuse to issue a | 25 | | REAL ID compliant any identification card under this Act to | 26 | | any person who has been issued a REAL ID compliant driver's |
| | | HB0395 Enrolled | - 6 - | LRB100 04276 RJF 14282 b |
|
| 1 | | license under the Illinois Vehicle Code. Any such person | 2 | | may, at his or her discretion, surrender the REAL ID | 3 | | compliant driver's license in order to become eligible to | 4 | | obtain a REAL ID compliant an identification card. | 5 | | 9. The Secretary may issue both REAL ID compliant | 6 | | identification cards and non-compliant identification | 7 | | cards, and may permit applicants to designate which type of | 8 | | identification card they wish to receive. All provisions of | 9 | | this Act applicable to non-compliant identification cards | 10 | | shall also apply to REAL ID compliant identification cards, | 11 | | except where the provisions are inconsistent with the REAL | 12 | | ID Act and implementing regulations. The Secretary shall | 13 | | establish by rule the date on which issuance of REAL ID | 14 | | compliant identification cards will begin. | 15 | | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; | 16 | | 99-511, eff. 1-1-17; 99-642, eff. 7-28-16 .)
| 17 | | (15 ILCS 335/4D) | 18 | | Sec. 4D. Issuance of confidential identification cards. | 19 | | (a) Requirements for use of confidential identification | 20 | | cards. Confidential identification cards may be issued to | 21 | | local, state, and federal government agencies for bona fide law | 22 | | enforcement purposes. The identification cards may be issued in | 23 | | fictitious names and addresses, and may be used only in | 24 | | confidential, investigative, or undercover law enforcement | 25 | | operations. Confidential identification cards may be issued as |
| | | HB0395 Enrolled | - 7 - | LRB100 04276 RJF 14282 b |
|
| 1 | | REAL ID compliant or non-compliant identification cards. | 2 | | (b) Application procedures for confidential identification | 3 | | cards: | 4 | | (1) Applications by local, state, and federal | 5 | | government agencies for confidential identification cards | 6 | | must be made to the Secretary of State Police Department on | 7 | | a form and in a manner prescribed by the Secretary of State | 8 | | Police Department. | 9 | | (2) The application form must include information, as | 10 | | specific as possible without compromising investigations | 11 | | or techniques, setting forth the need for the | 12 | | identification cards and the uses to which the | 13 | | identification cards will be limited. | 14 | | (3) The application form must be signed and verified by | 15 | | the local, state, or federal government agency head or | 16 | | designee. | 17 | | (4) Information maintained by the Secretary of State | 18 | | Police Department for confidential identification cards | 19 | | must show the fictitious names and addresses on all records | 20 | | subject to public disclosure. All other information | 21 | | concerning these confidential identification cards are | 22 | | exempt from disclosure unless the disclosure is ordered by | 23 | | a court of competent jurisdiction. | 24 | | (c) Cancellation procedures for confidential | 25 | | identification cards: | 26 | | (1) The Secretary of State Police Department may cancel |
| | | HB0395 Enrolled | - 8 - | LRB100 04276 RJF 14282 b |
|
| 1 | | or refuse to renew confidential identification cards when | 2 | | they have reasonable cause to believe the cards are being | 3 | | used for purposes other than those set forth in the | 4 | | application form or authorized by this Section. | 5 | | (2) A government agency must request cancellation of | 6 | | confidential identification cards that are no longer | 7 | | required for the purposes for which they were issued. | 8 | | (3) Upon the request of the Secretary of State Police | 9 | | Department, all cancelled confidential identification | 10 | | cards must be promptly returned to the Secretary of State | 11 | | Police Department by the government agency to which they | 12 | | were issued.
| 13 | | (Source: P.A. 96-549, eff. 8-17-09; 96-1000, eff. 7-2-10.) | 14 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 15 | | Sec. 5. Applications. | 16 | | (a) Any natural person who is a resident of the
State of | 17 | | Illinois may file an application for an identification card, or | 18 | | for
the renewal thereof, in a manner prescribed by the | 19 | | Secretary. Each original application
shall be completed by the | 20 | | applicant in full and shall set forth the legal
name,
residence | 21 | | address and zip code, social security number, birth date, sex | 22 | | and
a brief
description of the applicant. The applicant shall | 23 | | be photographed, unless the Secretary of State has provided by | 24 | | rule for the issuance of identification cards without | 25 | | photographs and the applicant is deemed eligible for an |
| | | HB0395 Enrolled | - 9 - | LRB100 04276 RJF 14282 b |
|
| 1 | | identification card without a photograph under the terms and | 2 | | conditions imposed by the Secretary of State, and he
or she | 3 | | shall also submit any other information as the Secretary may | 4 | | deem necessary
or such documentation as the Secretary may | 5 | | require to determine the
identity of the applicant. In addition | 6 | | to the residence address, the Secretary may allow the applicant | 7 | | to provide a mailing address. If the applicant is a judicial | 8 | | officer as defined in Section 1-10 of the Judicial Privacy Act | 9 | | or a peace officer, the applicant may elect to have his or her | 10 | | office or work address in lieu of the applicant's residence or | 11 | | mailing address. An applicant for an Illinois Person with a | 12 | | Disability Identification Card must
also submit with each | 13 | | original or renewal application, on forms prescribed
by the | 14 | | Secretary, such documentation as the Secretary may require,
| 15 | | establishing that the applicant is a "person with a disability" | 16 | | as defined in
Section 4A of this Act, and setting forth the | 17 | | applicant's type and class of
disability as set forth in | 18 | | Section 4A of this Act.
For the purposes of this subsection | 19 | | (a), "peace officer" means any person who by virtue of his or | 20 | | her office or public employment is vested by law with a duty to | 21 | | maintain public order or to make arrests for a violation of any | 22 | | penal statute of this State, whether that duty extends to all | 23 | | violations or is limited to specific violations.
| 24 | | (b) Beginning on or before July 1, 2015, for each original | 25 | | or renewal identification card application under this Act, the | 26 | | Secretary shall inquire as to whether the applicant is a |
| | | HB0395 Enrolled | - 10 - | LRB100 04276 RJF 14282 b |
|
| 1 | | veteran for purposes of issuing an identification card with a | 2 | | veteran designation under subsection (c-5) of Section 4 of this | 3 | | Act. The acceptable forms of proof shall include, but are not | 4 | | limited to, Department of Defense form DD-214. The Illinois | 5 | | Department of Veterans' Affairs shall advise the Secretary as | 6 | | to what other forms of proof of a person's status as a veteran | 7 | | are acceptable. | 8 | | The Illinois Department of Veterans' Affairs shall confirm | 9 | | the status of the applicant as an honorably discharged veteran | 10 | | before the Secretary may issue the identification card. | 11 | | For purposes of this subsection (b): | 12 | | "Armed forces" means any of the Armed Forces of the United | 13 | | States, including a member of any reserve component or National | 14 | | Guard unit. | 15 | | "Veteran" means a person who has served in the armed forces | 16 | | and was discharged or separated under honorable conditions. | 17 | | (c) All Beginning July 1, 2017, all applicants for REAL ID | 18 | | compliant standard Illinois Identification Cards and Illinois | 19 | | Person with a Disability Identification Cards shall provide | 20 | | proof of lawful status in the United States as defined in 6 CFR | 21 | | 37.3, as amended. Applicants who are unable to provide the | 22 | | Secretary with proof of lawful status are ineligible for REAL | 23 | | ID compliant identification cards under this Act. | 24 | | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | 25 | | 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
|
| | | HB0395 Enrolled | - 11 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (15 ILCS 335/8) (from Ch. 124, par. 28)
| 2 | | Sec. 8. Expiration.
| 3 | | (a) Except as otherwise provided in this Section: | 4 | | (1) Every identification card issued hereunder,
except | 5 | | to persons who have reached their 15th birthday, but are | 6 | | not yet 21
years of age, persons who are 65 years of age or | 7 | | older, and persons who are
issued an Illinois Person with a | 8 | | Disability Identification Card, shall
expire 5 years from | 9 | | the ensuing birthday of the
applicant and a renewal
shall | 10 | | expire 5 years thereafter. | 11 | | (2) Every original or renewal identification
card | 12 | | issued to a person who has reached his or her 15th | 13 | | birthday, but is
not yet
21 years of age shall expire 3 | 14 | | months after the person's 21st birthday.
| 15 | | (b) Except as provided elsewhere in this Section, every | 16 | | original, renewal, or duplicate: (i) identification card | 17 | | issued prior to July 1, 2017,
to a
person who has reached his | 18 | | or her 65th birthday shall be permanent and need
not be | 19 | | renewed; (ii) REAL ID compliant identification card issued on | 20 | | or after July 1, 2017, to a person who has reached his or her | 21 | | 65th birthday shall expire 8 years thereafter; (iii) Illinois | 22 | | Person with a Disability Identification Card issued prior to | 23 | | July 1, 2017, to a qualifying person shall expire 10 years
| 24 | | thereafter; and (iv) REAL ID compliant Illinois Person with a | 25 | | Disability Identification Card issued on or after July 1, 2017, | 26 | | shall expire 8 years thereafter. The Secretary of State shall |
| | | HB0395 Enrolled | - 12 - | LRB100 04276 RJF 14282 b |
|
| 1 | | promulgate rules setting forth the
conditions and criteria for | 2 | | the renewal of all Illinois Person with a Disability | 3 | | Identification Cards.
| 4 | | (c) Every Beginning July 1, 2016, every identification card | 5 | | or Illinois Person with a Disability Identification Card issued | 6 | | under this Act to an applicant who is not a United States | 7 | | citizen or permanent resident shall be marked "Limited Term" | 8 | | and shall expire on whichever is the earlier date of the | 9 | | following: | 10 | | (1) as provided under subsection (a) or (b) of this | 11 | | Section; or | 12 | | (2) on the date the applicant's authorized stay in the | 13 | | United States terminates ; or . | 14 | | (3) if the applicant's authorized stay is indefinite | 15 | | and the applicant is applying for a Limited Term REAL ID | 16 | | compliant identification card, one year from the date of | 17 | | issuance of the card. | 18 | | (Source: P.A. 99-305, eff. 1-1-16; 99-511, eff. 1-1-17 .)
| 19 | | Section 10. The Illinois Vehicle Code is amended by | 20 | | changing Sections 6-100, 6-103, 6-106, 6-115, and 6-121 and by | 21 | | adding Section 6-100.5 as follows:
| 22 | | (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
| 23 | | Sec. 6-100. Definitions. For the purposes of this Chapter, | 24 | | the following
words shall have the meanings ascribed to them:
|
| | | HB0395 Enrolled | - 13 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (a) Application Process. The process of obtaining a | 2 | | driver's license,
identification card, or permit. The process | 3 | | begins when a person enters a
Secretary of State Driver | 4 | | Services facility and requests a driver's
license, | 5 | | identification card or permit.
| 6 | | (b) Conviction. A final adjudication of guilty by a court | 7 | | of competent
jurisdiction either after a bench trial, trial by | 8 | | jury, plea of guilty,
order of forfeiture, or default.
| 9 | | (c) Identification Card. A document made or issued by or | 10 | | under the
authority of the United States Government, the State | 11 | | of Illinois or any other
state or political subdivision | 12 | | thereof, or any governmental or
quasi-governmental | 13 | | organization that, when completed with information
concerning
| 14 | | the individual, is of a type intended or commonly accepted for | 15 | | the purpose of
identifying the individual.
| 16 | | (d) Non-compliant driver's license. A driver's license | 17 | | issued in a manner which is not compliant with the REAL ID Act | 18 | | and implementing regulations. Non-compliant driver's licenses | 19 | | shall be marked "Not for Federal Identification" and shall have | 20 | | a color or design different from the REAL ID compliant driver's | 21 | | license. | 22 | | (e) REAL ID compliant driver's license. A driver's license | 23 | | issued in compliance with the REAL ID Act and implementing | 24 | | regulations. REAL ID compliant driver's licenses shall bear a | 25 | | security marking approved by the United States Department of | 26 | | Homeland Security. |
| | | HB0395 Enrolled | - 14 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (f) Limited Term REAL ID compliant driver's license. A REAL | 2 | | ID compliant driver's license issued to a person who is not a | 3 | | permanent resident or citizen of the United States, and marked | 4 | | "Limited Term" on the face of the license. | 5 | | (Source: P.A. 89-283, eff. 1-1-96.)
| 6 | | (625 ILCS 5/6-100.5 new) | 7 | | Sec. 6-100.5. Issuance of REAL ID compliant and | 8 | | non-compliant driver's licenses. The Secretary of State may | 9 | | issue both REAL ID compliant driver's licenses and | 10 | | non-compliant driver's licenses, and may permit applicants to | 11 | | designate which type of driver's license they wish to receive. | 12 | | All provisions of this Code applicable to non-compliant | 13 | | driver's licenses shall also apply to REAL ID compliant | 14 | | driver's licenses, except where the provisions are | 15 | | inconsistent with the REAL ID Act and implementing regulations. | 16 | | The Secretary shall establish by rule the date on which | 17 | | issuance of REAL ID compliant driver's licenses will begin.
| 18 | | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| 19 | | Sec. 6-103. What persons shall not be licensed as drivers | 20 | | or granted
permits. The Secretary of State shall not issue, | 21 | | renew, or
allow the retention of any driver's
license nor issue | 22 | | any permit under this Code:
| 23 | | 1. To any person, as a driver, who is under the age of | 24 | | 18 years except
as provided in Section 6-107, and except |
| | | HB0395 Enrolled | - 15 - | LRB100 04276 RJF 14282 b |
|
| 1 | | that an instruction permit may be
issued under Section | 2 | | 6-107.1 to a child who
is not less than 15 years of age if | 3 | | the child is enrolled in an approved
driver education | 4 | | course as defined in Section 1-103 of this Code and
| 5 | | requires an instruction permit to participate therein, | 6 | | except that an
instruction permit may be issued under the | 7 | | provisions of Section 6-107.1
to a child who is 17 years | 8 | | and 3 months of age without the child having
enrolled in an
| 9 | | approved driver education course and except that an
| 10 | | instruction permit may be issued to a child who is at least | 11 | | 15 years and 3
months of age, is enrolled in school, meets | 12 | | the educational requirements of
the Driver Education Act, | 13 | | and has passed examinations the Secretary of State in
his | 14 | | or her discretion may prescribe;
| 15 | | 1.5. To any person at least 18 years of age but less | 16 | | than 21 years of age unless the person has, in addition to | 17 | | any other requirements of this Code, successfully | 18 | | completed an adult driver education course as provided in | 19 | | Section 6-107.5 of this Code; | 20 | | 2. To any person who is under the age of 18 as an | 21 | | operator of a motorcycle
other than a motor driven cycle | 22 | | unless the person has, in addition to
meeting the | 23 | | provisions of Section 6-107 of this Code, successfully
| 24 | | completed a motorcycle
training course approved by the | 25 | | Illinois Department of Transportation and
successfully | 26 | | completes the required Secretary of State's motorcycle |
| | | HB0395 Enrolled | - 16 - | LRB100 04276 RJF 14282 b |
|
| 1 | | driver's
examination;
| 2 | | 3. To any person, as a driver, whose driver's license | 3 | | or permit has been
suspended, during the suspension, nor to | 4 | | any person whose driver's license or
permit has been | 5 | | revoked, except as provided in Sections 6-205, 6-206, and
| 6 | | 6-208;
| 7 | | 4. To any person, as a driver, who is a user of alcohol | 8 | | or any other
drug to a degree that renders the person | 9 | | incapable of safely driving a motor
vehicle;
| 10 | | 5. To any person, as a driver, who has previously been | 11 | | adjudged to be
afflicted with or suffering from any mental | 12 | | or physical disability or disease
and who has not at the | 13 | | time of application been restored to competency by the
| 14 | | methods provided by law;
| 15 | | 6. To any person, as a driver, who is required by the | 16 | | Secretary of State
to submit an alcohol and drug evaluation | 17 | | or take an examination provided
for in this Code unless the | 18 | | person has
successfully passed the examination and | 19 | | submitted any required evaluation;
| 20 | | 7. To any person who is required under the provisions | 21 | | of the laws of
this State to deposit security or proof of | 22 | | financial responsibility and who
has not deposited the | 23 | | security or proof;
| 24 | | 8. To any person when the Secretary of State has good | 25 | | cause to believe
that the person by reason of physical or | 26 | | mental disability would not be
able to safely operate a |
| | | HB0395 Enrolled | - 17 - | LRB100 04276 RJF 14282 b |
|
| 1 | | motor vehicle upon the highways, unless the
person shall | 2 | | furnish to the Secretary of State a verified written
| 3 | | statement, acceptable to the Secretary of State, from a | 4 | | competent medical
specialist, a licensed physician | 5 | | assistant, or a licensed advanced practice nurse, to the | 6 | | effect that the operation of a motor vehicle by the
person | 7 | | would not be inimical to the public safety;
| 8 | | 9. To any person, as a driver, who is 69 years of age | 9 | | or older, unless
the person has successfully complied with | 10 | | the provisions of Section 6-109;
| 11 | | 10. To any person convicted, within 12 months of | 12 | | application for a
license, of any of the sexual offenses | 13 | | enumerated in paragraph 2 of subsection
(b) of Section | 14 | | 6-205;
| 15 | | 11. To any person who is under the age of 21 years with | 16 | | a classification
prohibited in paragraph (b) of Section | 17 | | 6-104 and to any person who is under
the age of 18 years | 18 | | with a classification prohibited in paragraph (c) of
| 19 | | Section 6-104;
| 20 | | 12. To any person who has been either convicted of or | 21 | | adjudicated under
the Juvenile Court Act of 1987 based upon | 22 | | a violation of the Cannabis Control
Act, the Illinois | 23 | | Controlled Substances Act, or the Methamphetamine Control | 24 | | and Community Protection Act while that person was in | 25 | | actual
physical control of a motor vehicle. For purposes of | 26 | | this Section, any person
placed on probation under Section |
| | | HB0395 Enrolled | - 18 - | LRB100 04276 RJF 14282 b |
|
| 1 | | 10 of the Cannabis Control Act, Section 410
of the Illinois | 2 | | Controlled Substances Act, or Section 70 of the | 3 | | Methamphetamine Control and Community Protection Act shall | 4 | | not be considered convicted.
Any person found guilty of | 5 | | this offense, while in actual physical control of a
motor | 6 | | vehicle, shall have an entry made in the court record by | 7 | | the judge that
this offense did occur while the person was | 8 | | in actual physical control of a
motor vehicle and order the | 9 | | clerk of the court to report the violation to the
Secretary | 10 | | of State as such. The Secretary of State shall not issue a | 11 | | new
license or permit for a period of one year;
| 12 | | 13. To any person who is under the age of 18 years and | 13 | | who has committed
the offense
of operating a motor vehicle | 14 | | without a valid license or permit in violation of
Section | 15 | | 6-101 or a similar out of state offense;
| 16 | | 14. To any person who is
90 days or more
delinquent in | 17 | | court ordered child support
payments or has been | 18 | | adjudicated in arrears
in an amount equal to 90 days' | 19 | | obligation or more
and who has been found in contempt
of
| 20 | | court for failure to pay the support, subject to the | 21 | | requirements and
procedures of Article VII of Chapter 7 of
| 22 | | the Illinois Vehicle Code;
| 23 | | 14.5. To any person certified by the Illinois | 24 | | Department of Healthcare and Family Services as being 90 | 25 | | days or more delinquent in payment of support under an | 26 | | order of support entered by a court or administrative body |
| | | HB0395 Enrolled | - 19 - | LRB100 04276 RJF 14282 b |
|
| 1 | | of this or any other State, subject to the requirements and | 2 | | procedures of Article VII of Chapter 7 of this Code | 3 | | regarding those certifications;
| 4 | | 15. To any person released from a term of imprisonment | 5 | | for violating
Section 9-3 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012, or a similar provision of a law | 7 | | of another state relating to reckless homicide or for | 8 | | violating subparagraph (F) of paragraph (1) of subsection | 9 | | (d) of Section 11-501 of this Code relating to aggravated | 10 | | driving under the influence of alcohol, other drug or | 11 | | drugs, intoxicating compound or compounds, or any | 12 | | combination thereof, if the violation was the proximate | 13 | | cause of a death, within
24 months of release from a term | 14 | | of imprisonment;
| 15 | | 16. To any person who, with intent to influence any act | 16 | | related to the issuance of any driver's license or permit, | 17 | | by an employee of the Secretary of State's Office, or the | 18 | | owner or employee of any commercial driver training school | 19 | | licensed by the Secretary of State, or any other individual | 20 | | authorized by the laws of this State to give driving | 21 | | instructions or administer all or part of a driver's | 22 | | license examination, promises or tenders to that person any | 23 | | property or personal advantage which that person is not | 24 | | authorized by law to accept. Any persons promising or | 25 | | tendering such property or personal advantage shall be | 26 | | disqualified from holding any class of driver's license or |
| | | HB0395 Enrolled | - 20 - | LRB100 04276 RJF 14282 b |
|
| 1 | | permit for 120 consecutive days. The Secretary of State | 2 | | shall establish by rule the procedures for implementing | 3 | | this period of disqualification and the procedures by which | 4 | | persons so disqualified may obtain administrative review | 5 | | of the decision to disqualify;
| 6 | | 17. To any person for whom the Secretary of State | 7 | | cannot verify the
accuracy of any information or | 8 | | documentation submitted in application for a
driver's | 9 | | license;
| 10 | | 18. To any person who has been adjudicated under the | 11 | | Juvenile Court Act of 1987 based upon an offense that is | 12 | | determined by the court to have been committed in | 13 | | furtherance of the criminal activities of an organized | 14 | | gang, as provided in Section 5-710 of that Act, and that | 15 | | involved the operation or use of a motor vehicle or the use | 16 | | of a driver's license or permit. The person shall be denied | 17 | | a license or permit for the period determined by the court; | 18 | | or
| 19 | | 19. To Beginning July 1, 2017, to any person who holds | 20 | | a REAL ID compliant identification card or REAL ID | 21 | | compliant Person with a Disability Identification Card | 22 | | issued has been issued an identification card under the | 23 | | Illinois Identification Card Act. Any such person may, at | 24 | | his or her discretion, surrender the REAL ID compliant | 25 | | identification card or REAL ID compliant Person with a | 26 | | Disability Identification Card in order to become eligible |
| | | HB0395 Enrolled | - 21 - | LRB100 04276 RJF 14282 b |
|
| 1 | | to obtain a REAL ID compliant identification card in order | 2 | | to become eligible to obtain a driver's license. | 3 | | The Secretary of State shall retain all conviction
| 4 | | information, if the information is required to be held | 5 | | confidential under
the Juvenile Court Act of 1987. | 6 | | (Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14; | 7 | | 99-173, eff. 7-29-15; 99-511, eff. 1-1-17 .)
| 8 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 9 | | Sec. 6-106. Application for license or instruction permit.
| 10 | | (a) Every application for any permit or license authorized | 11 | | to be issued
under this Code shall be made upon a form | 12 | | furnished by the Secretary of
State. Every application shall be | 13 | | accompanied by the proper fee and payment
of such fee shall | 14 | | entitle the applicant to not more than 3 attempts to pass
the | 15 | | examination within a period of one year after the date of | 16 | | application.
| 17 | | (b) Every application shall state the legal name, social | 18 | | security
number, zip
code, date of birth, sex, and residence | 19 | | address of the applicant; briefly
describe the applicant; state | 20 | | whether the applicant has theretofore been
licensed as a | 21 | | driver, and, if so, when and by what state or country, and
| 22 | | whether any such license has ever been cancelled, suspended, | 23 | | revoked or
refused, and, if so, the date and reason for such | 24 | | cancellation, suspension,
revocation or refusal; shall include | 25 | | an affirmation by the applicant that
all information set forth |
| | | HB0395 Enrolled | - 22 - | LRB100 04276 RJF 14282 b |
|
| 1 | | is true and correct; and shall bear the
applicant's signature. | 2 | | In addition to the residence address, the Secretary may allow | 3 | | the applicant to provide a mailing address. In the case of an | 4 | | applicant who is a judicial officer or peace officer, the | 5 | | Secretary may allow the applicant to provide an office or work | 6 | | address in lieu of a residence or mailing address. The | 7 | | application form may
also require the statement of such | 8 | | additional relevant information as the
Secretary of State shall | 9 | | deem necessary to determine the applicant's
competency and | 10 | | eligibility. The Secretary of State may, in his
discretion, by | 11 | | rule or regulation, provide that an application for a
drivers | 12 | | license or permit may include a suitable photograph of the
| 13 | | applicant in the
form prescribed by the Secretary, and he may | 14 | | further provide that each
drivers license shall include a | 15 | | photograph of the driver. The Secretary of
State may utilize a | 16 | | photograph process or system most suitable to deter
alteration | 17 | | or improper reproduction of a drivers license and to prevent
| 18 | | substitution of another photo thereon.
For the purposes of this | 19 | | subsection (b), "peace officer" means any person who by virtue | 20 | | of his or her office or public employment is vested by law with | 21 | | a duty to maintain public order or to make arrests for a | 22 | | violation of any penal statute of this State, whether that duty | 23 | | extends to all violations or is limited to specific violations.
| 24 | | (b-5) Every Beginning July 1, 2017, every applicant for a | 25 | | REAL ID compliant driver's license or permit shall provide | 26 | | proof of lawful status in the United States as defined in 6 CFR |
| | | HB0395 Enrolled | - 23 - | LRB100 04276 RJF 14282 b |
|
| 1 | | 37.3, as amended. Applicants who are unable to provide the | 2 | | Secretary with proof of lawful status may apply for a driver's | 3 | | license or permit under Section 6-105.1 of this Code. | 4 | | (c) The application form shall include a notice to the | 5 | | applicant of the
registration obligations of sex offenders | 6 | | under the Sex Offender Registration
Act. The notice shall be | 7 | | provided in a form and manner prescribed by the
Secretary of | 8 | | State. For purposes of this subsection (c), "sex offender" has
| 9 | | the meaning ascribed to it in Section 2 of the Sex Offender | 10 | | Registration Act.
| 11 | | (d) Any male United States citizen or immigrant who applies | 12 | | for any
permit or
license authorized to be issued under this | 13 | | Code or for a renewal of any permit
or
license,
and who is at | 14 | | least 18 years of age but less than 26 years of age, must be
| 15 | | registered in compliance with the requirements of the federal | 16 | | Military
Selective
Service Act.
The Secretary of State must | 17 | | forward in an electronic format the necessary
personal | 18 | | information regarding the applicants identified in this | 19 | | subsection (d)
to
the Selective Service System. The applicant's | 20 | | signature on the application
serves
as an indication that the | 21 | | applicant either has already registered with the
Selective
| 22 | | Service System or that he is authorizing the Secretary to | 23 | | forward to the
Selective
Service System the necessary | 24 | | information for registration. The Secretary must
notify the | 25 | | applicant at the time of application that his signature | 26 | | constitutes
consent to registration with the Selective Service |
| | | HB0395 Enrolled | - 24 - | LRB100 04276 RJF 14282 b |
|
| 1 | | System, if he is not already
registered.
| 2 | | (e) Beginning on or before July 1, 2015, for each original | 3 | | or renewal driver's license application under this Code, the | 4 | | Secretary shall inquire as to whether the applicant is a | 5 | | veteran for purposes of issuing a driver's license with a | 6 | | veteran designation under subsection (e-5) of Section 6-110 of | 7 | | this Code. The acceptable forms of proof shall include, but are | 8 | | not limited to, Department of Defense form DD-214. The Illinois | 9 | | Department of Veterans' Affairs shall advise the Secretary as | 10 | | to what other forms of proof of a person's status as a veteran | 11 | | are acceptable. | 12 | | The Illinois Department of Veterans' Affairs shall confirm | 13 | | the status of the applicant as an honorably discharged veteran | 14 | | before the Secretary may issue the driver's license. | 15 | | For purposes of this subsection (e): | 16 | | "Armed forces" means any of the Armed Forces of the United | 17 | | States, including a member of any reserve component or National | 18 | | Guard unit. | 19 | | "Veteran" means a person who has served in the armed forces | 20 | | and was discharged or separated under honorable conditions. | 21 | | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | 22 | | 98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff. | 23 | | 7-15-16; revised 9-13-16.)
| 24 | | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| 25 | | Sec. 6-115. Expiration of driver's license.
|
| | | HB0395 Enrolled | - 25 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (a) Except as provided elsewhere in this Section, every
| 2 | | driver's license issued under the provisions of
this Code shall
| 3 | | expire 4 years from the date of its issuance, or at such later
| 4 | | date, as the Secretary of State may by proper rule and | 5 | | regulation designate,
not to exceed 12 calendar months; in the | 6 | | event
that an applicant for renewal of a driver's license fails
| 7 | | to apply prior to
the expiration date of the previous driver's | 8 | | license, the renewal driver's
license
shall expire 4 years from | 9 | | the expiration date of the previous
driver's license, or at | 10 | | such later date as the Secretary of State may
by proper rule | 11 | | and
regulation designate, not to exceed 12 calendar months.
| 12 | | The Secretary of State may, however, issue to a
person not | 13 | | previously licensed as a driver in Illinois a driver's
license
| 14 | | which will expire not less than 4 years nor more than 5
years | 15 | | from date of
issuance, except as provided elsewhere in this | 16 | | Section.
| 17 | | (a-5) Every Beginning July 1, 2016, every driver's license | 18 | | issued under this Code to an applicant who is not a United | 19 | | States citizen or permanent resident shall be marked "Limited | 20 | | Term" and shall expire on whichever is the earlier date of the | 21 | | following: | 22 | | (1) as provided under subsection (a), (f), (g), or (i) | 23 | | of this Section; or | 24 | | (2) on the date the applicant's authorized stay in the | 25 | | United States terminates ; or . | 26 | | (3) if the applicant's authorized stay is indefinite |
| | | HB0395 Enrolled | - 26 - | LRB100 04276 RJF 14282 b |
|
| 1 | | and the applicant is applying for a Limited Term REAL ID | 2 | | compliant driver's license, one year from the date of | 3 | | issuance of the license. | 4 | | (b) Before the expiration of a driver's license, except | 5 | | those
licenses expiring on the individual's 21st birthday, or 3 | 6 | | months after
the individual's 21st birthday, the holder thereof | 7 | | may apply for a renewal
thereof, subject to all the provisions | 8 | | of Section 6-103, and the Secretary
of State may require an | 9 | | examination of the applicant. A licensee
whose driver's license | 10 | | expires on his 21st birthday, or 3 months after
his 21st | 11 | | birthday, may not apply for a renewal of his driving privileges
| 12 | | until he reaches the age of 21.
| 13 | | (c) The Secretary of State shall, 30 days prior to the | 14 | | expiration of a
driver's license, forward to each person whose | 15 | | license
is to expire a
notification of the expiration of said | 16 | | license which may
be presented at the time of renewal of said | 17 | | license.
| 18 | | There may be included with such notification information | 19 | | explaining
the anatomical gift and Emergency Medical | 20 | | Information Card provisions of
Section 6-110. The format and | 21 | | text of such information
shall be prescribed by the Secretary.
| 22 | | There shall be included with such notification,
for a | 23 | | period of 4 years beginning January 1, 2000 information | 24 | | regarding the
Illinois Adoption Registry and Medical | 25 | | Information Exchange established in
Section 18.1 of the | 26 | | Adoption Act.
|
| | | HB0395 Enrolled | - 27 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (d) The Secretary may defer the expiration of the driver's | 2 | | license
of a licensee, spouse, and dependent children who are | 3 | | living with such licensee
while on active duty, serving in the | 4 | | Armed Forces of the United
States outside of the State of | 5 | | Illinois, and 120 days thereafter, upon such
terms and | 6 | | conditions as the Secretary may prescribe.
| 7 | | (d-5) The Secretary may defer the expiration of the | 8 | | driver's license of a licensee, or of a spouse or dependent | 9 | | children living with the licensee, serving as a civilian | 10 | | employee of the United States Armed Forces or the United States | 11 | | Department of Defense, outside of the State of Illinois, and | 12 | | 120 days thereafter, upon such terms and conditions as the | 13 | | Secretary may prescribe. | 14 | | (e) The Secretary of State may decline to process a renewal | 15 | | of a driver's
license
of any person who has not paid any fee or | 16 | | tax due under this Code and is not
paid upon reasonable notice | 17 | | and demand.
| 18 | | (f) The Secretary shall provide that each original or | 19 | | renewal driver's
license issued to a licensee under 21 years of | 20 | | age shall expire 3 months
after the licensee's 21st birthday. | 21 | | Persons whose current driver's licenses
expire on their 21st | 22 | | birthday on or after January 1, 1986 shall not renew their
| 23 | | driver's license before their 21st birthday, and their current | 24 | | driver's
license will be extended for an additional term of 3 | 25 | | months beyond their
21st birthday. Thereafter, the expiration | 26 | | and term of the driver's license
shall be governed by |
| | | HB0395 Enrolled | - 28 - | LRB100 04276 RJF 14282 b |
|
| 1 | | subsection (a) hereof.
| 2 | | (g) The Secretary shall provide that each original or | 3 | | renewal driver's
license issued to a licensee 81 years of age | 4 | | through age 86 shall expire 2
years from the date of issuance, | 5 | | or at such later date as the Secretary may
by rule and | 6 | | regulation designate, not to exceed an additional 12 calendar
| 7 | | months. The
Secretary shall also provide that each original or | 8 | | renewal driver's license
issued to a licensee 87 years of age | 9 | | or older shall expire 12 months from
the date of issuance, or | 10 | | at such later date as the Secretary may by rule
and regulation | 11 | | designate, not to exceed an additional 12 calendar months.
| 12 | | (h) The Secretary of State shall provide that each special
| 13 | | restricted driver's license issued under subsection (g) of | 14 | | Section
6-113 of this Code shall expire 12 months from the date | 15 | | of
issuance. The Secretary shall adopt rules defining renewal
| 16 | | requirements.
| 17 | | (i) The Secretary of State shall provide that each driver's | 18 | | license issued to a person convicted of a sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act shall | 20 | | expire 12 months from the date of issuance or at such date as | 21 | | the Secretary may by rule designate, not to exceed an | 22 | | additional 12 calendar months. The Secretary may adopt rules | 23 | | defining renewal requirements.
| 24 | | (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16.)
|
| | | HB0395 Enrolled | - 29 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (625 ILCS 5/6-121) | 2 | | Sec. 6-121. Issuance of confidential drivers' licenses. | 3 | | (a) Requirements for use of confidential drivers' | 4 | | licenses. Confidential drivers' licenses may be issued to | 5 | | local, state, and federal government agencies for bona fide law | 6 | | enforcement purposes. The drivers' licenses may be issued with | 7 | | fictitious names and addresses, and may be used only for | 8 | | confidential, investigative, or undercover law enforcement | 9 | | operations. Confidential drivers' licenses may be issued as | 10 | | REAL ID compliant or non-compliant driver's licenses. | 11 | | (b) Application procedures for confidential drivers' | 12 | | licenses: | 13 | | (1) Applications by local, state, and federal | 14 | | government agencies for confidential drivers' licenses | 15 | | must be made to the Secretary of State Police Department on | 16 | | a form and in a manner prescribed by the Secretary of State | 17 | | Police Department. | 18 | | (2) The application form must include information, as | 19 | | specific as possible without compromising investigations | 20 | | or techniques, setting forth the need for the drivers' | 21 | | licenses and the uses to which the licenses will be | 22 | | limited. | 23 | | (3) The application form must be signed and verified by | 24 | | the local, state, or federal government agency head or | 25 | | designee. | 26 | | (4) Registration information maintained by the |
| | | HB0395 Enrolled | - 30 - | LRB100 04276 RJF 14282 b |
|
| 1 | | Secretary of State Police Department for confidential | 2 | | drivers' licenses must show the fictitious names and | 3 | | addresses on all records subject to public disclosure. All | 4 | | other information concerning these confidential drivers' | 5 | | licenses are exempt from disclosure unless the disclosure | 6 | | is ordered by a court of competent jurisdiction. | 7 | | (c) Revocation and cancellation procedures for | 8 | | confidential drivers' licenses: | 9 | | (1) The Secretary of State Police Department may revoke | 10 | | or refuse to renew confidential drivers' licenses when they | 11 | | have reasonable cause to believe the licenses are being | 12 | | used for purposes other than those set forth in the | 13 | | application form or authorized by this Section. | 14 | | Confidential drivers' licenses may also be revoked where | 15 | | traffic violation citations have been issued to the driver | 16 | | and subsequent investigation reveals that the issuance of | 17 | | the citations was unrelated to the purposes for which the | 18 | | confidential driver's license was issued. In such cases, | 19 | | the citations and any resulting court orders, convictions, | 20 | | supervisions or other sanctions must be treated by the | 21 | | Secretary of State as though they were issued in relation | 22 | | to the true driver's license of the individual to whom the | 23 | | confidential driver's license was issued. | 24 | | (2) A government agency must request cancellation of | 25 | | confidential drivers' licenses that are no longer required | 26 | | for the purposes for which they were issued. |
| | | HB0395 Enrolled | - 31 - | LRB100 04276 RJF 14282 b |
|
| 1 | | (3) All revoked confidential drivers' licenses must be | 2 | | promptly returned to the Secretary of State Police | 3 | | Department by the government agency to which they were | 4 | | issued.
| 5 | | (Source: P.A. 96-549, eff. 8-17-09.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|