[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] |
90_HB1169eng
15 ILCS 335/4 from Ch. 124, par. 24
625 ILCS 5/1-159.3 new
625 ILCS 5/1-188.2 new
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
625 ILCS 5/6-110.1 new
625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
625 ILCS 5/6-301.2 from Ch. 95 1/2, par. 6-301.2
Amends the Illinois Vehicle Code and the Illinois
Identification Card Act to define "photograph" as any color
photograph or digitally produced and captured image of an
applicant and to define "signature" as the name of a person
as written by that person and captured in a manner acceptable
to the Secretary of State. Amends the Vehicle Code.
Provides that the Secretary may provide that an application
for an instruction permit include a photograph. Provides
that a school bus driver permit shall be renewable (instead
of not renewable). Provides that the Secretary shall
designate on a driver's license (instead of on the reverse
side), a space where the licensee may indicate that he or she
has drafted a living will or durable power of attorney for
health care. Provides that the Secretary shall maintain a
file on all photographs and signatures and provides that they
shall be confidential and shall only be disclosed to certain
persons. Provides that it is a violation to knowingly possess
without authority a permit-making implement or knowingly
possess a stolen permit-making implement.
LRB9001594NTsbB
HB1169 Engrossed LRB9001594NTsbB
1 AN ACT concerning the Secretary of State, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Identification Card Act is
6 amended by changing Section 4 as follows:
7 (15 ILCS 335/4) (from Ch. 124, par. 24)
8 Sec. 4. Identification Card. (a) The Secretary of State
9 shall issue a standard Illinois Identification Card to any
10 natural person who is a resident of the State of Illinois who
11 applies for such card, or renewal thereof, together with the
12 prescribed fees. The card shall be prepared and supplied by
13 the Secretary of State and shall include a photograph of the
14 applicant. The applicant, upon receipt of a card and prior
15 to its use for any purpose, shall affix his signature thereon
16 in the space provided therefor. The Illinois Identification
17 Card may be used for identification purposes in any lawful
18 situation only by the person to whom it was issued. As used
19 in this Act, "photograph" means any color photograph or
20 digitally produced and captured image of an applicant for an
21 identification card. As used in this Act, "signature" means
22 the name of a person as written by that person and captured
23 in a manner acceptable to the Secretary of State.
24 (b) The Secretary of State shall issue a special
25 Illinois Identification Card, which shall be known as an
26 Illinois Disabled Person Identification Card, to any natural
27 person who is a resident of the State of Illinois, who is a
28 disabled person as defined in Section 4A of this Act, who
29 applies for such card, or renewal thereof. The Secretary of
30 State shall charge no fee to issue such card. The card shall
31 be prepared and supplied by the Secretary of State, and shall
HB1169 Engrossed -2- LRB9001594NTsbB
1 include a photograph of the applicant, a designation
2 indicating that the card is an Illinois Disabled Person
3 Identification Card, and shall include a comprehensible
4 designation of the type and classification of the applicant's
5 disability as set out in Section 4A of this Act. If the
6 applicant so requests, the card shall include a description
7 of the applicant's disability and any information about the
8 applicant's disability or medical history which the Secretary
9 determines would be helpful to the applicant in securing
10 emergency medical care. The applicant, upon receipt of such
11 a card and prior to its use for any purpose, shall have
12 affixed thereon in the space provided therefor his signature
13 or mark. If a mark is used in lieu of a signature, such mark
14 shall be affixed to the card in the presence of two witnesses
15 who attest to the authenticity of the mark. The Illinois
16 Disabled Person Identification Card may be used for
17 identification purposes in any lawful situation by the person
18 to whom it was issued.
19 The Illinois Disabled Person Identification Card may be
20 used as adequate documentation of disability in lieu of a
21 physician's determination of disability or any other
22 documentation of disability whenever any State law requires
23 that a disabled person provide such documentation of
24 disability, however an Illinois Disabled Person
25 Identification Card shall not qualify the cardholder to
26 participate in any program or to receive any benefit which is
27 not available to all persons with like disabilities.
28 Notwithstanding any other provisions of law, an Illinois
29 Disabled Person Identification Card, or evidence that the
30 Secretary of State has issued an Illinois Disabled Person
31 Identification Card, shall not be used by any person other
32 than the person named on such card to prove that the person
33 named on such card is a disabled person or for any other
34 purpose unless the card is used for the benefit of the person
HB1169 Engrossed -3- LRB9001594NTsbB
1 named on such card, and the person named on such card
2 consents to such use at the time the card is so used.
3 When medical information is contained on an Illinois
4 Disabled Person Identification Card, the Office of the
5 Secretary of State shall not be liable for any actions taken
6 based upon that medical information.
7 (c) Beginning January 1, 1986, the Secretary of State
8 shall provide that each original or renewal Illinois
9 Identification Card or Illinois Disabled Person
10 Identification Card issued to a person under the age of 21,
11 shall be of a distinct nature from those Illinois
12 Identification Cards or Illinois Disabled Person
13 Identification Cards issued to individuals 21 years of age or
14 older. The color designated for Illinois Identification Cards
15 or Illinois Disabled Person Identification Cards for persons
16 under the age of 21 shall be at the discretion of the
17 Secretary of State.
18 (d) The Secretary of State may issue a Senior Citizen
19 discount card, to any natural person who is a resident of the
20 State of Illinois who is 60 years of age or older and who
21 applies for such a card or renewal thereof. The Secretary of
22 State shall charge no fee to issue such card. The card shall
23 be issued in every county and applications shall be made
24 available at, but not limited to, nutrition sites, senior
25 citizen centers and Area Agencies on Aging. The applicant,
26 upon receipt of such card and prior to its use for any
27 purpose, shall have affixed thereon in the space provided
28 therefor his signature or mark.
29 (Source: P.A. 84-1308.)
30 Section 10. The Illinois Vehicle Code is amended by
31 changing Sections 6-106, 6-106.1, 6-110, 6-117, and 6-301.2
32 and adding Sections 1-159.3, 1-188.2 and 6-110.1 as follows:
HB1169 Engrossed -4- LRB9001594NTsbB
1 (625 ILCS 5/1-159.3 new)
2 Sec. 1-159.3. Photograph. Any color photograph or
3 digitally produced and captured image of an applicant for a
4 driver's license or permit.
5 (625 ILCS 5/1-188.2 new)
6 Sec. 1-188.2. Signature. The name of a person as
7 written by that person and captured in a manner acceptable to
8 the Secretary of State.
9 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
10 Sec. 6-106. Application for license or instruction
11 permit.
12 (a) Every application for any permit or license
13 authorized to be issued under this Act shall be made upon a
14 form furnished by the Secretary of State. Every application
15 shall be accompanied by the proper fee and payment of such
16 fee shall entitle the applicant to not more than 3 attempts
17 to pass the examination within a period of 1 year after the
18 date of application.
19 (b) Every application shall state the name, social
20 security number, zip code, date of birth, sex, and residence
21 address of the applicant; briefly describe the applicant;
22 state whether the applicant has theretofore been licensed as
23 a driver, and, if so, when and by what state or country, and
24 whether any such license has ever been cancelled, suspended,
25 revoked or refused, and, if so, the date and reason for such
26 cancellation, suspension, revocation or refusal; shall
27 include an affirmation by the applicant that all information
28 set forth is true and correct; and shall bear the applicant's
29 signature, written with pen and ink. The application form
30 may also require the statement of such additional relevant
31 information as the Secretary of State shall deem necessary to
32 determine the applicant's competency and eligibility. The
HB1169 Engrossed -5- LRB9001594NTsbB
1 Secretary of State may in his discretion substitute a federal
2 tax number in lieu of a social security number, or he may
3 instead assign an additional distinctive number in lieu
4 thereof, where an applicant is prohibited by bona fide
5 religious convictions from applying or is exempt from
6 applying for a social security number. The Secretary of State
7 shall, however, determine which religious orders or sects
8 have such bona fide religious convictions. The Secretary of
9 State may, in his discretion, by rule or regulation, provide
10 that an application for a drivers license or permit may
11 include a suitable photograph of the applicant in the form
12 prescribed by the Secretary, and he may further provide that
13 each drivers license shall include a photograph of the
14 driver. The Secretary of State may utilize a photograph
15 process or system most suitable to deter alteration or
16 improper reproduction of a drivers license and to prevent
17 substitution of another photo thereon.
18 (c) The application form shall include a notice to the
19 applicant of the registration obligations of sex offenders
20 under the Sex Offender Registration Act. The notice shall be
21 provided in a form and manner prescribed by the Secretary of
22 State. For purposes of this subsection (c), "sex offender"
23 has the meaning ascribed to it in Section 2 of the Sex
24 Offender Registration Act.
25 (Source: P.A. 89-8, eff. 1-1-96.)
26 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
27 Sec. 6-106.1. School bus driver permit.
28 (a) The Secretary of State shall issue a school bus
29 driver permit to those applicants who have met all the
30 requirements of the application and screening process under
31 this Section to insure the welfare and safety of children who
32 are transported on school buses throughout the State of
33 Illinois. Applicants shall obtain the proper application
HB1169 Engrossed -6- LRB9001594NTsbB
1 required by the Secretary of State from their prospective or
2 current employer and submit the completed application to the
3 prospective or current employer along with the necessary
4 fingerprint submission as required by the Department of State
5 Police to conduct fingerprint based criminal background
6 checks on current and future information available in the
7 state system and current information available through the
8 Federal Bureau of Investigation's system. Applicants who
9 have completed the fingerprinting requirements shall not be
10 subjected to the fingerprinting process when applying for
11 subsequent permits or submitting proof of successful
12 completion of the annual refresher course. Individuals who
13 on the effective date of this Act possess a valid school bus
14 driver permit that has been previously issued by the
15 appropriate Regional School Superintendent are not subject to
16 the fingerprinting provisions of this Section as long as the
17 permit remains valid and does not lapse. The applicant shall
18 be required to pay all related application and fingerprinting
19 fees as established by rule including, but not limited to,
20 the amounts established by the Department of State Police and
21 the Federal Bureau of Investigation to process fingerprint
22 based criminal background investigations. All fees paid for
23 fingerprint processing services under this Section shall be
24 deposited into the State Police Services Fund for the cost
25 incurred in processing the fingerprint based criminal
26 background investigations. All other fees paid under this
27 Section shall be deposited into the Road Fund for the purpose
28 of defraying the costs of the Secretary of State in
29 administering this Section. All applicants must:
30 1. be 21 years of age or older;
31 2. possess a valid and properly classified driver's
32 license issued by the Secretary of State;
33 3. possess a valid driver's license, which has not
34 been revoked or suspended, for 3 years immediately prior
HB1169 Engrossed -7- LRB9001594NTsbB
1 to the date of application;
2 4. successfully pass a written test, administered
3 by the Secretary of State, on school bus operation,
4 school bus safety, and special traffic laws relating to
5 school buses and submit to a review of the applicant's
6 driving habits by the Secretary of State at the time the
7 written test is given;
8 5. demonstrate ability to exercise reasonable care
9 in the operation of school buses in accordance with rules
10 promulgated by the Secretary of State;
11 6. demonstrate physical fitness to operate school
12 buses by submitting the results of a medical examination,
13 including tests for drug use for each applicant not
14 subject to such testing pursuant to federal law,
15 conducted by a licensed physician within 90 days of the
16 date of application according to standards promulgated by
17 the Secretary of State;
18 7. affirm under penalties of perjury that he or she
19 has not made a false statement or knowingly concealed a
20 material fact in any application for permit;
21 8. have completed an initial classroom course,
22 including first aid procedures, in school bus driver
23 safety as promulgated by the Secretary of State; and
24 after satisfactory completion of said initial course an
25 annual refresher course; such courses and the agency or
26 organization conducting such courses shall be approved by
27 the Secretary of State; failure to complete the annual
28 refresher course, shall result in cancellation of the
29 permit until such course is completed;
30 9. not have been convicted of 2 or more serious
31 traffic offenses, as defined by rule, within one year
32 prior to the date of application that may endanger the
33 life or safety of any of the driver's passengers within
34 the duration of the permit period;
HB1169 Engrossed -8- LRB9001594NTsbB
1 10. not have been convicted of reckless driving,
2 driving while intoxicated, or reckless homicide resulting
3 from the operation of a motor vehicle within 3 years of
4 the date of application;
5 11. not have been convicted of committing or
6 attempting to commit any one or more of the following
7 offenses: (i) those offenses defined in Sections 9-1,
8 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
9 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
10 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
11 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
12 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
13 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
14 31A-1.1, and 33A-2, and in subsection (a) and subsection
15 (b), clause (1), of Section 12-4 of the Criminal Code of
16 1961; (ii) those offenses defined in the Cannabis Control
17 Act except those offenses defined in subsections (a) and
18 (b) of Section 4, and subsection (a) of Section 5 of the
19 Cannabis Control Act; (iii) those offenses defined in the
20 Illinois Controlled Substances Act; (iv) any offense
21 committed or attempted in any other state or against the
22 laws of the United States, which if committed or
23 attempted in this State would be punishable as one or
24 more of the foregoing offenses; (v) the offenses defined
25 in Section 4.1 and 5.1 of the Wrongs to Children Act and
26 (vi) those offenses defined in Section 6-16 of the Liquor
27 Control Act of 1934;
28 12. not have been repeatedly involved as a driver
29 in motor vehicle collisions or been repeatedly convicted
30 of offenses against laws and ordinances regulating the
31 movement of traffic, to a degree which indicates lack of
32 ability to exercise ordinary and reasonable care in the
33 safe operation of a motor vehicle or disrespect for the
34 traffic laws and the safety of other persons upon the
HB1169 Engrossed -9- LRB9001594NTsbB
1 highway;
2 13. not have, through the unlawful operation of a
3 motor vehicle, caused an accident resulting in the death
4 of any person; and
5 14. not have, within the last 5 years, been
6 adjudged to be afflicted with or suffering from any
7 mental disability or disease.
8 (b) A school bus driver permit shall be valid for a
9 period specified by the Secretary of State as set forth by
10 rule. It shall not be renewable, but a new permit shall be
11 issued upon compliance with subsection (a) of this Section.
12 (c) A school bus driver permit shall contain the
13 holder's driver's license number, name, address, zip code,
14 social security number and date of birth, a brief description
15 of the holder and a space for signature. The Secretary of
16 State may require a suitable photograph of the holder.
17 (d) The employer shall be responsible for conducting a
18 pre-employment interview with prospective school bus driver
19 candidates, distributing school bus driver applications and
20 medical forms to be completed by the applicant, and
21 submitting the applicant's fingerprint cards to the
22 Department of State Police that are required for the criminal
23 background investigations. The employer shall certify in
24 writing to the Secretary of State that all pre-employment
25 conditions have been successfully completed including the
26 successful completion of an Illinois specific criminal
27 background investigation through the Department of State
28 Police and the submission of necessary fingerprints to the
29 Federal Bureau of Investigation for criminal history
30 information available through the Federal Bureau of
31 Investigation system. The applicant shall present the
32 certification to the Secretary of State at the time of
33 submitting the school bus driver permit application.
34 (e) Permits shall initially be provisional upon
HB1169 Engrossed -10- LRB9001594NTsbB
1 receiving certification from the employer that all
2 pre-employment conditions have been successfully completed,
3 and upon successful completion of all training and
4 examination requirements for the classification of the
5 vehicle to be operated, the Secretary of State shall
6 provisionally issue a School Bus Driver Permit. The permit
7 shall remain in a provisional status pending the completion
8 of the Federal Bureau of Investigation's criminal background
9 investigation based upon fingerprinting specimens submitted
10 to the Federal Bureau of Investigation by the Department of
11 State Police. The Federal Bureau of Investigation shall
12 report the findings directly to the Secretary of State. The
13 Secretary of State shall remove the bus driver permit from
14 provisional status upon the applicant's successful completion
15 of the Federal Bureau of Investigation's criminal background
16 investigation.
17 (f) A school bus driver permit holder shall notify the
18 employer and the Secretary of State if he or she is convicted
19 in another state of an offense that would make him or her
20 ineligible for a permit under subsection (a) of this Section.
21 The written notification shall be made within 5 days of the
22 entry of the conviction. Failure of the permit holder to
23 provide the notification is punishable as a petty offense for
24 a first violation and a Class B misdemeanor for a second or
25 subsequent violation.
26 (g) Cancellation; suspension; notice and procedure.
27 (1) The Secretary of State shall cancel a school
28 bus driver permit of an applicant whose criminal
29 background investigation discloses that he or she is not
30 in compliance with the provisions of subsection (a) of
31 this Section.
32 (2) The Secretary of State shall cancel a school
33 bus driver permit when he or she receives notice that the
34 permit holder fails to comply with any provision of this
HB1169 Engrossed -11- LRB9001594NTsbB
1 Section or any rule promulgated for the administration of
2 this Section.
3 (3) The Secretary of State shall cancel a school
4 bus driver permit if the permit holder's restricted
5 commercial or commercial driving privileges are withdrawn
6 or otherwise invalidated.
7 (4) The Secretary of State may not issue a school
8 bus driver permit for a period of 3 years to an applicant
9 who fails to obtain a negative result on a drug test as
10 required in item 6 of subsection (a) of this Section or
11 under federal law.
12 (5) The Secretary of State shall forthwith suspend
13 a school bus driver permit for a period of 3 years upon
14 receiving notice that the holder has failed to obtain a
15 negative result on a drug test as required in item 6 of
16 subsection (a) of this Section or under federal law.
17 The Secretary of State shall notify the State
18 Superintendent of Education and the permit holder's
19 prospective or current employer that the applicant has (1)
20 has failed a criminal background investigation or (2) is no
21 longer eligible for a school bus driver permit; and of the
22 related cancellation of the applicant's provisional school
23 bus driver permit. The cancellation shall remain in effect
24 pending the outcome of a hearing pursuant to Section 2-118
25 of this Code. The scope of the hearing shall be limited to
26 the issuance criteria contained in subsection (a) of this
27 Section. A petition requesting a hearing shall be submitted
28 to the Secretary of State and shall contain the reason the
29 individual feels he or she is entitled to a school bus driver
30 permit. The permit holder's employer shall notify in writing
31 to the Secretary of State that the employer has certified the
32 removal of the offending school bus driver from service prior
33 to the start of that school bus driver's next workshift. An
34 employing school board that fails to remove the offending
HB1169 Engrossed -12- LRB9001594NTsbB
1 school bus driver from service is subject to the penalties
2 defined in Section 3-14.23 of the School Code. A school bus
3 contractor who violates a provision of this Section is
4 subject to the penalties defined in Section 6-106.11.
5 All valid school bus driver permits issued under this
6 Section prior to January 1, 1995, shall remain effective
7 until their expiration date unless otherwise invalidated.
8 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
9 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
10 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
11 (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
12 Sec. 6-110. Licenses issued to drivers.
13 (a) The Secretary of State shall issue to every
14 applicant qualifying a driver's license as applied for, the
15 license shall bear a distinguishing number assigned to the
16 licensee, the name, social security number, zip code, date of
17 birth, address, and a brief description of the licensee, and
18 a space where the licensee may write his usual signature.
19 If the licensee is less than 17 years of age, the license
20 shall, as a matter of law, be invalid for the operation of
21 any motor vehicle during any time the licensee is prohibited
22 from being on any street or highway under the provisions of
23 the Child Curfew Act.
24 Licenses issued shall also indicate the classification
25 and the restrictions under Section 6-104 of this Code.
26 In lieu of the social security number, the Secretary may
27 in his discretion substitute a federal tax number or other
28 distinctive number.
29 A driver's license issued may, in the discretion of the
30 Secretary, include a suitable photograph of a type prescribed
31 by the Secretary.
32 (b) The Secretary of State shall provide a format on the
33 reverse of each driver's license issued which the licensee
HB1169 Engrossed -13- LRB9001594NTsbB
1 may use to execute a document of gift conforming to the
2 provisions of the Uniform Anatomical Gift Act. The format
3 shall allow the licensee to indicate the gift intended,
4 whether specific organs, any organ, or the entire body, and
5 shall accommodate the signatures of the donor and 2
6 witnesses. The Secretary shall also inform each applicant or
7 licensee of this format, describe the procedure for its
8 execution, and may offer the necessary witnesses; provided
9 that in so doing, the Secretary shall advise the applicant or
10 licensee that he or she is under no compulsion to execute a
11 document of gift. A brochure explaining this method of
12 executing an anatomical gift document shall be given to each
13 applicant or licensee. The brochure shall advise the
14 applicant or licensee that he or she is under no compulsion
15 to execute a document of gift, and that he or she may wish to
16 consult with family, friends or clergy before doing so. The
17 Secretary of State may undertake additional efforts,
18 including education and awareness activities, to promote
19 organ and tissue donation.
20 (c) The Secretary of State shall designate on each
21 driver's license issued a space where the licensee may place
22 a sticker or decal of the uniform size as the Secretary may
23 specify, which sticker or decal may indicate in appropriate
24 language that the owner of the license carries an Emergency
25 Medical Information Card.
26 The sticker may be provided by any person, hospital,
27 school, medical group, or association interested in assisting
28 in implementing the Emergency Medical Information Card, but
29 shall meet the specifications as the Secretary may by rule or
30 regulation require.
31 (d) The Secretary of State shall designate on each
32 driver's license issued a space where the licensee may
33 indicate his blood type and RH factor.
34 (e) The Secretary of State shall provide that each
HB1169 Engrossed -14- LRB9001594NTsbB
1 original or renewal driver's license issued to a licensee
2 under 21 years of age shall be of a distinct nature from
3 those driver's licenses issued to individuals 21 years of age
4 and older. The color designated for driver's licenses for
5 licensees under 21 years of age shall be at the discretion of
6 the Secretary of State.
7 (f) The Secretary of State shall inform all Illinois
8 licensed commercial motor vehicle operators of the
9 requirements of the Uniform Commercial Driver License Act,
10 Article V of this Chapter, and shall make provisions to
11 insure that all drivers, seeking to obtain a commercial
12 driver's license, be afforded an opportunity prior to April
13 1, 1992, to obtain the license. The Secretary is authorized
14 to extend driver's license expiration dates, and assign
15 specific times, dates and locations where these commercial
16 driver's tests shall be conducted. Any applicant, regardless
17 of the current expiration date of the applicant's driver's
18 license, may be subject to any assignment by the Secretary.
19 Failure to comply with the Secretary's assignment may result
20 in the applicant's forfeiture of an opportunity to receive a
21 commercial driver's license prior to April 1, 1992.
22 (g) The Secretary of State shall designate on the
23 reverse side of a driver's license issued, a space where the
24 licensee may indicate that he or she has drafted a living
25 will in accordance with the Illinois Living Will Act or a
26 durable power of attorney for health care in accordance with
27 the Illinois Power of Attorney Act.
28 (g-1) The Secretary of State, in his or her discretion,
29 may designate on each driver's license issued a space where
30 the licensee may place a sticker or decal, issued by the
31 Secretary of State, of uniform size as the Secretary may
32 specify, that shall indicate in appropriate language that the
33 owner of the license has renewed his or her driver's license.
34 (h) A person who acts in good faith in accordance with
HB1169 Engrossed -15- LRB9001594NTsbB
1 the terms of this Section is not liable for damages in any
2 civil action or subject to prosecution in any criminal
3 proceeding for his or her act.
4 (Source: P.A. 88-78; 88-393; 88-670, eff. 12-2-94; 89-569,
5 eff. 1-1-97.)
6 (625 ILCS 5/6-110.1 new)
7 Sec. 6-110.1. Confidentiality of captured photographs or
8 images. The Secretary of State shall maintain a file on or
9 contract to file all photographs and signatures obtained in
10 the process of issuing a driver's license, permit, or
11 identification card. The photographs and signatures shall be
12 confidential and shall not be disclosed except to the
13 following persons:
14 (1) the individual upon written request;
15 (2) officers and employees of the Secretary of
16 State who have a need to have access to the stored images
17 for purposes of issuing and controlling driver's
18 licenses, permits, or identification cards;
19 (3) law enforcement officials for a lawful, civil,
20 or criminal law enforcement investigation; or
21 (4) other entities as the Secretary may exempt by
22 rule.
23 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
24 Sec. 6-117. Records to be kept by the Secretary of
25 State. (a) The Secretary of State shall file every
26 application for a license or permit accepted under this
27 Chapter, and shall maintain suitable indexes thereof. The
28 records of the Secretary of State shall indicate the action
29 taken with respect to such applications.
30 (b) The Secretary of State shall maintain appropriate
31 records of all licenses and permits refused, cancelled,
32 revoked or suspended and of the revocation and suspension of
HB1169 Engrossed -16- LRB9001594NTsbB
1 driving privileges of persons not licensed under this
2 Chapter, and such records shall note the reasons for such
3 action.
4 (c) The Secretary of State shall maintain appropriate
5 records of convictions reported under this Chapter. Records
6 of conviction may be maintained in a computer processible
7 medium.
8 (d) The Secretary of State may also maintain appropriate
9 records of any accident reports received.
10 (e) The Secretary of State shall also maintain
11 appropriate records relative to a driver's referral to a
12 driver remedial or rehabilitative program, as required by the
13 Secretary of State or the courts. Such records shall only be
14 available for use by the Secretary, law enforcement agencies,
15 the courts, and the affected driver or, upon proper
16 verification, such affected driver's attorney.
17 (f) The Secretary of State shall also maintain or
18 contract to maintain appropriate records of all photographs
19 and signatures obtained in the process of issuing any
20 driver's license, permit, or identification card. The record
21 shall be confidential and shall not be disclosed except to
22 those entities listed under Section 6-110.1 of this Code.
23 (Source: P.A. 85-1396.)
24 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
25 Sec. 6-301.2. Fraudulent driver's license or permit.
26 (a) As used in this Section:
27 1. "A fraudulent driver's license or permit" means
28 any license or permit which purports to be an official
29 driver's license or permit for which a computerized
30 number and file have not been created by the Secretary of
31 State or other official driver's license agency in
32 another jurisdiction;
33 2. "A driver's license-making or permit-making
HB1169 Engrossed -17- LRB9001594NTsbB
1 implement" means any implement specially designed or
2 primarily used in the manufacture, assembly or
3 authentication of an official driver's license issued by
4 the Secretary of State or other official driver's license
5 or permit agency in another jurisdiction. Such
6 implements include, but are not limited to, cameras used
7 for creating driver's license or permit photographs,
8 camera cards, or driver's license or permit laminates.
9 (b) It is a violation of this Section for any person:
10 1. To knowingly possess any fraudulent driver's
11 license or permit;
12 2. To knowingly possess, display or cause to be
13 displayed any fraudulent driver's license or permit for
14 the purpose of obtaining any account, credit, credit card
15 or debit card from a bank, financial institution or
16 retail mercantile establishment;
17 3. To knowingly possess any fraudulent driver's
18 license or permit with the intent to commit a theft,
19 deception or credit or debit card fraud in violation of
20 any law of this State or any law of any other
21 jurisdiction;
22 4. To knowingly possess any fraudulent driver's
23 license or permit with the intent to commit any other
24 violation of any laws of this State or any law of any
25 other jurisdiction for which a sentence to a term of
26 imprisonment in a penitentiary for one year or more is
27 provided;
28 5. To knowingly possess any fraudulent driver's
29 license or permit while in unauthorized possession of any
30 document, instrument or device capable of defrauding
31 another;
32 6. To knowingly possess any fraudulent driver's
33 license or permit with the intent to use the license or
34 permit to acquire any other identification document;
HB1169 Engrossed -18- LRB9001594NTsbB
1 7. To knowingly possess without authority any
2 driver's license-making or permit-making implement;
3 8. To knowingly possess any stolen driver's license
4 making or permit-making implement;
5 9. To knowingly duplicate, manufacture, sell or
6 transfer any fraudulent driver's license or permit;
7 10. To advertise or distribute any information or
8 materials that promote the selling, giving, or furnishing
9 of a fraudulent driver's license or permit.
10 (c) Sentence.
11 1. Any person convicted of a violation of paragraph
12 1 of subsection (b) of this Section shall be guilty of a
13 Class 4 felony and shall be sentenced to a minimum fine
14 of $500 or 50 hours of community service, preferably at
15 an alcohol abuse prevention program, if available.
16 2. Any person convicted of a violation of any of
17 paragraphs 2 through 9 of subsection (b) of this Section
18 shall be guilty of a Class 4 felony. A person convicted
19 of a second or subsequent violation shall be guilty of a
20 Class 3 felony.
21 3. Any person convicted of a violation of paragraph
22 10 of subsection (b) of this Section shall be guilty of a
23 Class B misdemeanor.
24 (d) This Section does not prohibit any lawfully
25 authorized investigative, protective, law enforcement or
26 other activity of any agency of the United States, State of
27 Illinois or any other state or political subdivision thereof.
28 (e) The Secretary may request the Attorney General to
29 seek a restraining order in the circuit court against any
30 person who violates this Section by advertising fraudulent
31 driver's licenses or permits.
32 (Source: P.A. 88-210; 89-283, eff. 1-1-96.)