(5 ILCS 230/5)
Sec. 5. Definition. As used in this Act, "consular identification document" means an official identification card issued by a foreign government that meets all of the following requirements: (1) The consular identification document is issued |
| through the foreign government's consular offices for the purpose of identifying a foreign national who is living outside of that nation.
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(2) The foreign government requires an individual to
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| provide the following to obtain the consular identification document: (A) proof of nationality; (B) proof of identity; and (C) proof of residence in the consular district.
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(3) The foreign government includes the following
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| security features in the consular identification document: (A) a unique identification number; (B) an optically variable feature such as a hologram or color-shifting inks; (C) an ultraviolet image; (D) encoded information; (E) machine readable technology; (F) micro printing; (G) secure laminate; and (H) integrated photograph and signature.
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(4) The consular identification document includes the
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| following data: (A) the name and address of the individual to whom it is issued; (B) the date of issuance; (C) the date of expiration; (D) the name of the issuing consulate; and (E) an identification number. The consular identification document must include an English translation of the data fields.
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(5) The issuing consulate has filed with the Illinois
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| State Police a copy of the issuing consulate's consular identification document and a certification of the procedures that are used to satisfy the requirements of paragraphs (2) and (3).
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(Source: P.A. 102-538, eff. 8-20-21.)
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(5 ILCS 230/10) (Text of Section before amendment by P.A. 103-210 ) Sec. 10. Acceptance of consular identification document. (a) When requiring members of the public to provide identification, each State agency and officer and unit of local government shall accept a consular identification document as valid identification of a person. (b) A consular identification document shall be accepted for purposes of identification only
and does not convey an independent right to receive benefits of any type. (c) A consular identification document may not be accepted as identification for obtaining a driver's license, other than a temporary visitor's driver's license, or registering to vote. (d) A consular identification document does not establish or indicate lawful U.S. immigration status and may not be viewed as valid for that purpose, nor does a consular identification document establish a foreign national's right to be in the United States or remain in the United States.
(e) The requirements of subsection (a) do not apply if: (1) a federal law, regulation, or directive or a |
| federal court decision requires a State agency or officer or a unit of local government to obtain different identification;
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(2) a federal law, regulation, or directive preempts
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| state regulation of identification requirements; or
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(3) a State agency or officer or a unit of local
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| government would be unable to comply with a condition imposed by a funding source which would cause the State agency or officer or unit of local government to lose funds from that source.
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(f) Nothing in subsection (a) shall be construed to prohibit a State agency or officer or a unit of local government from:
(1) requiring additional information from persons in
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| order to verify a current address or other facts that would enable the State agency or officer or unit of local government to fulfill its responsibilities, except that this paragraph (1) does not permit a State agency or officer or a unit of local government to require additional information solely in order to establish identification of the person when the consular identification document is the form of identification presented;
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(2) requiring fingerprints for identification
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| purposes under circumstances where the State agency or officer or unit of local government also requires fingerprints from persons who have a driver's license or Illinois Identification Card; or
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(3) requiring additional evidence of identification
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| if the State agency or officer or unit of local government reasonably believes that: (A) the consular identification document is forged, fraudulent, or altered; or (B) the holder does not appear to be the same person on the consular identification document.
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(Source: P.A. 97-1157, eff. 11-28-13 .)
(Text of Section after amendment by P.A. 103-210 )
Sec. 10. Acceptance of consular identification document.
(a) When requiring members of the public to provide identification, each State agency and officer and unit of local government shall accept a consular identification document as valid identification of a person.
(b) A consular identification document shall be accepted for purposes of identification only
and does not convey an independent right to receive benefits of any type.
(c) A consular identification document may not be accepted as identification for obtaining a REAL ID
compliant driver's license, as defined by Section 6-100 of the Vehicle Code, or registering to vote.
(d) A consular identification document does not establish or indicate lawful U.S. immigration status and may not be viewed as valid for that purpose, nor does a consular identification document establish a foreign national's right to be in the United States or remain in the United States.
(e) The requirements of subsection (a) do not apply if:
(1) a federal law, regulation, or directive or a
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| federal court decision requires a State agency or officer or a unit of local government to obtain different identification;
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(2) a federal law, regulation, or directive preempts
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| state regulation of identification requirements; or
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(3) a State agency or officer or a unit of local
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| government would be unable to comply with a condition imposed by a funding source which would cause the State agency or officer or unit of local government to lose funds from that source.
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(f) Nothing in subsection (a) shall be construed to prohibit a State agency or officer or a unit of local government from:
(1) requiring additional information from persons in
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| order to verify a current address or other facts that would enable the State agency or officer or unit of local government to fulfill its responsibilities, except that this paragraph (1) does not permit a State agency or officer or a unit of local government to require additional information solely in order to establish identification of the person when the consular identification document is the form of identification presented;
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(2) requiring fingerprints for identification
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| purposes under circumstances where the State agency or officer or unit of local government also requires fingerprints from persons who have a driver's license or Illinois Identification Card; or
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(3) requiring additional evidence of identification
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| if the State agency or officer or unit of local government reasonably believes that: (A) the consular identification document is forged, fraudulent, or altered; or (B) the holder does not appear to be the same person on the consular identification document.
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(Source: P.A. 103-210, eff. 7-1-24.)
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