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Public Act 103-0824 | ||||
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AN ACT concerning transportation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Identification Card Act is amended | ||||
by changing Section 4 as follows: | ||||
(15 ILCS 335/4) | ||||
(Text of Section before amendment by P.A. 103-210 ) | ||||
Sec. 4. Identification card. | ||||
(a) In accordance with the requirements of this Section, | ||||
the The Secretary of State shall issue a standard Illinois | ||||
Identification Card , as well as a mobile Illinois | ||||
Identification Card, to any natural person who is a resident | ||||
of the State of Illinois who applies for such a card, or | ||||
renewal thereof. No identification card shall be issued to any | ||||
person who holds a valid foreign state identification card, | ||||
license, or permit unless the person first surrenders to the | ||||
Secretary of State the valid foreign state identification | ||||
card, license, or permit. The card shall be prepared and | ||||
supplied by the Secretary of State and shall include a | ||||
photograph and signature or mark of the applicant. However, | ||||
the Secretary of State may provide by rule for the issuance of | ||||
Illinois Identification Cards without photographs if the | ||||
applicant has a bona fide religious objection to being |
photographed or to the display of his or her photograph. The | ||
Illinois Identification Card may be used for identification | ||
purposes in any lawful situation only by the person to whom it | ||
was issued. As used in this Act, "photograph" means any color | ||
photograph or digitally produced and captured image of an | ||
applicant for an identification card. As used in this Act, | ||
"signature" means the name of a person as written by that | ||
person and captured in a manner acceptable to the Secretary of | ||
State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision. | ||
(a-10) If the applicant is a judicial officer as defined | ||
in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's | ||
residence or mailing address. The Secretary may promulgate | ||
rules to implement this provision. For the purposes of this | ||
subsection (a-10), "peace officer" means any person who by | ||
virtue of his or her office or public employment is vested by | ||
law with a duty to maintain public order or to make arrests for | ||
a violation of any penal statute of this State, whether that |
duty extends to all violations or is limited to specific | ||
violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. | ||
The Secretary shall charge an additional fee for the expedited | ||
issuance of an Illinois Identification Card, to be set by | ||
rule, not to exceed $75. All fees collected by the Secretary | ||
for expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification | ||
Card. If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person committed to the | ||
Department of Corrections or Department of Juvenile Justice | ||
upon receipt of the person's birth certificate, social | ||
security card, photograph, proof of residency upon discharge, | ||
and an identification card application transferred via a | ||
secure method as agreed upon by the Secretary and the | ||
Department of Corrections or Department of Juvenile Justice. | ||
Illinois residency shall be established by submission of a |
Secretary of State prescribed Identification Card verification | ||
form completed by the respective Department. | ||
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed | ||
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, | ||
if the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card or other | ||
documents authorized by the Secretary, but does present a | ||
Secretary of State prescribed Identification Card verification | ||
form completed by the Department of Corrections or Department | ||
of Juvenile Justice, verifying the released person's date of | ||
birth, social security number, and his or her Illinois | ||
residence address. The verification form must have been | ||
completed no more than 30 days prior to the date of application | ||
for the Illinois Identification Card. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security | ||
card or other documents authorized by the Secretary, a | ||
standard Illinois Identification Card shall be issued. A | ||
limited-term Illinois Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person upon conditional |
release or absolute discharge from the custody of the | ||
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social | ||
security card, or other documents authorized by the Secretary, | ||
and a document proving his or her Illinois residence address. | ||
The Secretary of State shall issue a standard Illinois | ||
Identification Card to a person prior to his or her | ||
conditional release or absolute discharge if personnel from | ||
the Department of Human Services bring the person to a | ||
Secretary of State location with the required documents. | ||
Documents proving residence address may include any official | ||
document of the Department of Human Services showing the | ||
person's address after release and a Secretary of State | ||
prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person | ||
upon conditional release or absolute discharge from the | ||
custody of the Department of Human Services, if the person is | ||
unable to present a certified copy of his or her birth | ||
certificate and social security card or other documents | ||
authorized by the Secretary, but does present a Secretary of | ||
State prescribed verification form completed by the Department | ||
of Human Services, verifying the person's date of birth and | ||
social security number, and a document proving his or her | ||
Illinois residence address. The verification form must have |
been completed no more than 30 days prior to the date of | ||
application for the Illinois Identification Card. The | ||
Secretary of State shall issue a limited-term Illinois | ||
Identification Card to a person no sooner than 14 days prior to | ||
his or her conditional release or absolute discharge if | ||
personnel from the Department of Human Services bring the | ||
person to a Secretary of State location with the required | ||
documents. Documents proving residence address shall include | ||
any official document of the Department of Human Services | ||
showing the person's address after release and a Secretary of | ||
State prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(b) The Secretary of State shall issue a special Illinois | ||
Identification Card, which shall be known as an Illinois | ||
Person with a Disability Identification Card, to any natural | ||
person who is a resident of the State of Illinois, who is a | ||
person with a disability as defined in Section 4A of this Act, | ||
who applies for such card, or renewal thereof. No Illinois | ||
Person with a Disability Identification Card shall be issued | ||
to any person who holds a valid foreign state identification | ||
card, license, or permit unless the person first surrenders to | ||
the Secretary of State the valid foreign state identification | ||
card, license, or permit. The Secretary of State shall charge | ||
no fee to issue such card. The card shall be prepared and | ||
supplied by the Secretary of State, and shall include a | ||
photograph and signature or mark of the applicant, a |
designation indicating that the card is an Illinois Person | ||
with a Disability Identification Card, and shall include a | ||
comprehensible designation of the type and classification of | ||
the applicant's disability as set out in Section 4A of this | ||
Act. However, the Secretary of State may provide by rule for | ||
the issuance of Illinois Person with a Disability | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. If the applicant so | ||
requests, the card shall include a description of the | ||
applicant's disability and any information about the | ||
applicant's disability or medical history which the Secretary | ||
determines would be helpful to the applicant in securing | ||
emergency medical care. If a mark is used in lieu of a | ||
signature, such mark shall be affixed to the card in the | ||
presence of two witnesses who attest to the authenticity of | ||
the mark. The Illinois Person with a Disability Identification | ||
Card may be used for identification purposes in any lawful | ||
situation by the person to whom it was issued. | ||
The Illinois Person with a Disability Identification Card | ||
may be used as adequate documentation of disability in lieu of | ||
a physician's determination of disability, a determination of | ||
disability from a physician assistant, a determination of | ||
disability from an advanced practice registered nurse, or any | ||
other documentation of disability whenever any State law | ||
requires that a person with a disability provide such |
documentation of disability, however an Illinois Person with a | ||
Disability Identification Card shall not qualify the | ||
cardholder to participate in any program or to receive any | ||
benefit which is not available to all persons with like | ||
disabilities. Notwithstanding any other provisions of law, an | ||
Illinois Person with a Disability Identification Card, or | ||
evidence that the Secretary of State has issued an Illinois | ||
Person with a Disability Identification Card, shall not be | ||
used by any person other than the person named on such card to | ||
prove that the person named on such card is a person with a | ||
disability or for any other purpose unless the card is used for | ||
the benefit of the person named on such card, and the person | ||
named on such card consents to such use at the time the card is | ||
so used. | ||
An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation | ||
for the purpose of issuing an Illinois Person with a | ||
Disability Identification Card. | ||
When medical information is contained on an Illinois | ||
Person with a Disability Identification Card, the Office of | ||
the Secretary of State shall not be liable for any actions | ||
taken based upon that medical information. | ||
(c) The Secretary of State shall provide that each | ||
original or renewal Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card issued to a | ||
person under the age of 21 shall be of a distinct nature from |
those Illinois Identification Cards or Illinois Person with a | ||
Disability Identification Cards issued to individuals 21 years | ||
of age or older. The color designated for Illinois | ||
Identification Cards or Illinois Person with a Disability | ||
Identification Cards for persons under the age of 21 shall be | ||
at the discretion of the Secretary of State. | ||
(c-1) Each original or renewal Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to a person under the age of 21 shall display the date | ||
upon which the person becomes 18 years of age and the date upon | ||
which the person becomes 21 years of age. | ||
(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State | ||
in identifying these veterans and delivering these vital | ||
services and benefits, the Secretary of State is authorized to | ||
issue Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may | ||
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card. |
(c-5) Beginning on or before July 1, 2015, the Secretary | ||
of State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, | ||
the word "veteran" shall be placed. The veteran designation | ||
shall be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen | ||
discount card, to any natural person who is a resident of the | ||
State of Illinois who is 60 years of age or older and who | ||
applies for such a card or renewal thereof. The Secretary of | ||
State shall charge no fee to issue such card. The card shall be | ||
issued in every county and applications shall be made | ||
available at, but not limited to, nutrition sites, senior | ||
citizen centers and Area Agencies on Aging. The applicant, | ||
upon receipt of such card and prior to its use for any purpose, | ||
shall have affixed thereon in the space provided therefor his | ||
signature or mark. | ||
(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the | ||
Secretary of State, of uniform size as the Secretary may | ||
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card. |
(f)(1) The Secretary of State may issue a mobile | ||
identification card to an individual who is otherwise eligible | ||
to hold a physical credential in addition to, and not instead | ||
of, an identification card if the Secretary of State has | ||
issued an identification card to the person. The data elements | ||
that are used to build an electronic credential must match the | ||
individual's current Department record. | ||
(2) The Secretary may enter into agreements or contract | ||
with an agency of the State, another state, the United States, | ||
or a third party to facilitate the issuance, use, and | ||
verification of a mobile identification card issued by the | ||
Secretary or another state. | ||
(3) Any mobile identification card issued by the Secretary | ||
shall be in accordance with the most recent AAMVA standards. | ||
(4) The Secretary shall design the mobile identification | ||
card in a manner that allows the credential holder to maintain | ||
physical possession of the device on which the mobile | ||
identification card is accessed during verification. | ||
(g) The verification process shall be implemented to | ||
require: | ||
(1) the relying parties to authenticate electronic | ||
credentials in accordance with applicable AAMVA standards | ||
prior to acceptance of the electronic credential; | ||
(2) the Secretary to ensure that electronic credential | ||
data is subject to all jurisdictional data security and | ||
privacy protection laws and regulations; and |
(3) the relying parties to request only electronic | ||
credential data elements that are necessary to complete | ||
the transaction for which data is being requested. | ||
(h) Privacy and tracking of data shall be restricted by | ||
implementing the following requirements: | ||
(1) the relying parties shall retain only electronic | ||
credential data elements for which the relying party | ||
explicitly obtained consent from the electronic credential | ||
holder and shall inform the electronic credential holder | ||
of the use and retention period of the electronic data | ||
elements; and | ||
(2) the Secretary shall use an electronic credential | ||
system that is designed to maximize the privacy of the | ||
credential holder in accordance with State and federal law | ||
and shall not track or compile information without the | ||
credential holder's consent; and | ||
(3) the Department shall only compile and disclose | ||
information regarding the use of the credential as | ||
required by State or federal law. | ||
(i)(1) The electronic credential holder shall be required | ||
to have their physical credential on their person for all | ||
purposes for which an identification card is required. No | ||
person, public entity, private entity, or agency shall | ||
establish a policy that requires an electronic credential | ||
instead of a physical credential. | ||
(2) Electronic credential systems shall be designed so |
that there is no requirement for the electronic credential | ||
holder to display or relinquish possession of the credential | ||
holder's mobile device to relying parties for the acceptance | ||
of an electronic credential. | ||
(3) When required by law and upon request by law | ||
enforcement, a credential holder must provide the credential | ||
holder's physical credential. | ||
(4) Any law or regulation that requires an individual to | ||
surrender the individual's physical credential to law | ||
enforcement does not apply to the device on which an | ||
electronic credential has been provisioned. | ||
(j) A person may be required to produce when so requested a | ||
physical identification card to a law enforcement officer, a | ||
representative of a State or federal department or agency, or | ||
a private entity and is subject to all applicable laws and | ||
consequences for failure to produce such an identification | ||
card. | ||
(k) The Secretary of State shall adopt such rules as are | ||
necessary to implement a mobile identification card. | ||
(l) The display of a mobile identification card shall not | ||
serve as consent or authorization for a law enforcement | ||
officer, or any other person, to search, view, or access any | ||
other data or application on the mobile device. If a person | ||
presents the person's mobile device to a law enforcement | ||
officer for purposes of displaying a mobile identification | ||
card, the law enforcement officer shall promptly return the |
mobile device to the person once the officer has had an | ||
opportunity to verify the identity of the person. Except for | ||
willful and wanton misconduct, any law enforcement officer, | ||
court, or officer of the court presented with the device shall | ||
be immune from any liability resulting from damage to the | ||
mobile device. | ||
(m) The fee to install the application to display a mobile | ||
identification card as defined in this subsection shall not | ||
exceed $6. | ||
(n) As used in this Section: | ||
"AAMVA" means the American Association of Motor Vehicle | ||
Administrators. | ||
"Credential" means a driver's license, learner's permit, | ||
or identification card. | ||
"Credential holder" means the individual to whom a mobile | ||
identification card is issued. | ||
"Data element" means a distinct component of a customer's | ||
information that is found on the Department's customer record. | ||
"Department" means the Secretary of State Department of | ||
Driver Services. | ||
"Electronic credential" means an electronic extension of | ||
the departmental issued physical credential that conveys | ||
identity and complies with AAMVA's mobile driver license | ||
Implementation guidelines and the ISO/IEC 18013-5 standard. | ||
"Electronic credential system" means a digital process | ||
that includes a method for provisioning electronic |
credentials, requesting and transmitting electronic credential | ||
data elements, and performing tasks to maintain the system. | ||
"Full profile" means all the information provided on an | ||
identification card. | ||
"ISO" means the International Organization for | ||
Standardization, which creates uniform processes and | ||
procedures. | ||
"Limited profile" means a portion of the information | ||
provided on an identification card. | ||
"Mobile identification card" means a data file that is | ||
available on any mobile device that has connectivity to the | ||
Internet through an application that allows the mobile device | ||
to download the data file from the Secretary of State, that | ||
contains all the data elements visible on the face and back of | ||
an identification card, and that displays the current status | ||
of the identification card. "Mobile identification card" does | ||
not include a copy, photograph, or image of an Illinois | ||
Identification Card that is not downloaded through the | ||
application on a mobile device. | ||
"Physical credential" means a Department issued document | ||
that conveys identity in accordance with the Illinois | ||
Identification Card Act. | ||
"Provision" means the initial loading of an electronic | ||
credential onto a device. | ||
"Relying party" means the entity to which the credential | ||
holder presents the electronic credential. |
"Verification process" means a method of authenticating | ||
the electronic credential through the use of secured | ||
encryption communication. | ||
(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) | ||
(Text of Section after amendment by P.A. 103-210 ) | ||
Sec. 4. Identification card. | ||
(a) In accordance with the requirements of this Section, | ||
the The Secretary of State shall issue a standard Illinois | ||
Identification Card , as well as a mobile Illinois | ||
Identification Card, to any natural person who is a resident | ||
of the State of Illinois who applies for such a card, or | ||
renewal thereof. No identification card shall be issued to any | ||
person who holds a valid foreign state identification card, | ||
license, or permit unless the person first surrenders to the | ||
Secretary of State the valid foreign state identification | ||
card, license, or permit. The card shall be prepared and | ||
supplied by the Secretary of State and shall include a | ||
photograph and signature or mark of the applicant. However, | ||
the Secretary of State may provide by rule for the issuance of | ||
Illinois Identification Cards without photographs if the | ||
applicant has a bona fide religious objection to being | ||
photographed or to the display of his or her photograph. The | ||
Illinois Identification Card may be used for identification | ||
purposes in any lawful situation only by the person to whom it | ||
was issued. As used in this Act, "photograph" means any color |
photograph or digitally produced and captured image of an | ||
applicant for an identification card. As used in this Act, | ||
"signature" means the name of a person as written by that | ||
person and captured in a manner acceptable to the Secretary of | ||
State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision. | ||
(a-10) If the applicant is a judicial officer as defined | ||
in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's | ||
residence or mailing address. The Secretary may promulgate | ||
rules to implement this provision. For the purposes of this | ||
subsection (a-10), "peace officer" means any person who by | ||
virtue of his or her office or public employment is vested by | ||
law with a duty to maintain public order or to make arrests for | ||
a violation of any penal statute of this State, whether that | ||
duty extends to all violations or is limited to specific | ||
violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. |
The Secretary shall charge an additional fee for the expedited | ||
issuance of an Illinois Identification Card, to be set by | ||
rule, not to exceed $75. All fees collected by the Secretary | ||
for expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification | ||
Card. If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person committed to the | ||
Department of Corrections or Department of Juvenile Justice | ||
upon receipt of the person's birth certificate, social | ||
security card, if the person has a social security number, | ||
photograph, proof of residency upon discharge, and an | ||
identification card application transferred via a secure | ||
method as agreed upon by the Secretary and the Department of | ||
Corrections or Department of Juvenile Justice , if the person | ||
has a social security number, . Illinois residency shall be | ||
established by submission of a Secretary of State prescribed | ||
Identification Card verification form completed by the | ||
respective Department. |
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed | ||
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, | ||
if the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card, if the | ||
person has a social security number, or other documents | ||
authorized by the Secretary, but does present a Secretary of | ||
State prescribed Identification Card verification form | ||
completed by the Department of Corrections or Department of | ||
Juvenile Justice, verifying the released person's date of | ||
birth, social security number, if the person has a social | ||
security number, and his or her Illinois residence address. | ||
The verification form must have been completed no more than 30 | ||
days prior to the date of application for the Illinois | ||
Identification Card. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security | ||
card, if the person has a social security number, or other | ||
documents authorized by the Secretary, a standard Illinois | ||
Identification Card shall be issued. A limited-term Illinois | ||
Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard |
Illinois Identification Card to a person upon conditional | ||
release or absolute discharge from the custody of the | ||
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social | ||
security card, if the person has a social security number, or | ||
other documents authorized by the Secretary, and a document | ||
proving his or her Illinois residence address. The Secretary | ||
of State shall issue a standard Illinois Identification Card | ||
to a person prior to his or her conditional release or absolute | ||
discharge if personnel from the Department of Human Services | ||
bring the person to a Secretary of State location with the | ||
required documents. Documents proving residence address may | ||
include any official document of the Department of Human | ||
Services showing the person's address after release and a | ||
Secretary of State prescribed verification form, which may be | ||
executed by personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person | ||
upon conditional release or absolute discharge from the | ||
custody of the Department of Human Services, if the person is | ||
unable to present a certified copy of his or her birth | ||
certificate and social security card, if the person has a | ||
social security number, or other documents authorized by the | ||
Secretary, but does present a Secretary of State prescribed | ||
verification form completed by the Department of Human | ||
Services, verifying the person's date of birth and social |
security number, if the person has a social security number, | ||
and a document proving his or her Illinois residence address. | ||
The verification form must have been completed no more than 30 | ||
days prior to the date of application for the Illinois | ||
Identification Card. The Secretary of State shall issue a | ||
limited-term Illinois Identification Card to a person no | ||
sooner than 14 days prior to his or her conditional release or | ||
absolute discharge if personnel from the Department of Human | ||
Services bring the person to a Secretary of State location | ||
with the required documents. Documents proving residence | ||
address shall include any official document of the Department | ||
of Human Services showing the person's address after release | ||
and a Secretary of State prescribed verification form, which | ||
may be executed by personnel of the Department of Human | ||
Services. | ||
(b) The Secretary of State shall issue a special Illinois | ||
Identification Card, which shall be known as an Illinois | ||
Person with a Disability Identification Card, to any natural | ||
person who is a resident of the State of Illinois, who is a | ||
person with a disability as defined in Section 4A of this Act, | ||
who applies for such card, or renewal thereof. No Illinois | ||
Person with a Disability Identification Card shall be issued | ||
to any person who holds a valid foreign state identification | ||
card, license, or permit unless the person first surrenders to | ||
the Secretary of State the valid foreign state identification | ||
card, license, or permit. The Secretary of State shall charge |
no fee to issue such card. The card shall be prepared and | ||
supplied by the Secretary of State, and shall include a | ||
photograph and signature or mark of the applicant, a | ||
designation indicating that the card is an Illinois Person | ||
with a Disability Identification Card, and shall include a | ||
comprehensible designation of the type and classification of | ||
the applicant's disability as set out in Section 4A of this | ||
Act. However, the Secretary of State may provide by rule for | ||
the issuance of Illinois Person with a Disability | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. If the applicant so | ||
requests, the card shall include a description of the | ||
applicant's disability and any information about the | ||
applicant's disability or medical history which the Secretary | ||
determines would be helpful to the applicant in securing | ||
emergency medical care. If a mark is used in lieu of a | ||
signature, such mark shall be affixed to the card in the | ||
presence of two witnesses who attest to the authenticity of | ||
the mark. The Illinois Person with a Disability Identification | ||
Card may be used for identification purposes in any lawful | ||
situation by the person to whom it was issued. | ||
The Illinois Person with a Disability Identification Card | ||
may be used as adequate documentation of disability in lieu of | ||
a physician's determination of disability, a determination of | ||
disability from a physician assistant, a determination of |
disability from an advanced practice registered nurse, or any | ||
other documentation of disability whenever any State law | ||
requires that a person with a disability provide such | ||
documentation of disability, however an Illinois Person with a | ||
Disability Identification Card shall not qualify the | ||
cardholder to participate in any program or to receive any | ||
benefit which is not available to all persons with like | ||
disabilities. Notwithstanding any other provisions of law, an | ||
Illinois Person with a Disability Identification Card, or | ||
evidence that the Secretary of State has issued an Illinois | ||
Person with a Disability Identification Card, shall not be | ||
used by any person other than the person named on such card to | ||
prove that the person named on such card is a person with a | ||
disability or for any other purpose unless the card is used for | ||
the benefit of the person named on such card, and the person | ||
named on such card consents to such use at the time the card is | ||
so used. | ||
An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation | ||
for the purpose of issuing an Illinois Person with a | ||
Disability Identification Card. | ||
When medical information is contained on an Illinois | ||
Person with a Disability Identification Card, the Office of | ||
the Secretary of State shall not be liable for any actions | ||
taken based upon that medical information. | ||
(c) The Secretary of State shall provide that each |
original or renewal Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card issued to a | ||
person under the age of 21 shall be of a distinct nature from | ||
those Illinois Identification Cards or Illinois Person with a | ||
Disability Identification Cards issued to individuals 21 years | ||
of age or older. The color designated for Illinois | ||
Identification Cards or Illinois Person with a Disability | ||
Identification Cards for persons under the age of 21 shall be | ||
at the discretion of the Secretary of State. | ||
(c-1) Each original or renewal Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to a person under the age of 21 shall display the date | ||
upon which the person becomes 18 years of age and the date upon | ||
which the person becomes 21 years of age. | ||
(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State | ||
in identifying these veterans and delivering these vital | ||
services and benefits, the Secretary of State is authorized to | ||
issue Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may | ||
not issue any other identification card which identifies an |
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card. | ||
(c-5) Beginning on or before July 1, 2015, the Secretary | ||
of State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, | ||
the word "veteran" shall be placed. The veteran designation | ||
shall be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen | ||
discount card, to any natural person who is a resident of the | ||
State of Illinois who is 60 years of age or older and who | ||
applies for such a card or renewal thereof. The Secretary of | ||
State shall charge no fee to issue such card. The card shall be | ||
issued in every county and applications shall be made | ||
available at, but not limited to, nutrition sites, senior | ||
citizen centers and Area Agencies on Aging. The applicant, | ||
upon receipt of such card and prior to its use for any purpose, | ||
shall have affixed thereon in the space provided therefor his | ||
signature or mark. | ||
(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the | ||
Secretary of State, of uniform size as the Secretary may |
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card. | ||
(f)(1) The Secretary of State may issue a mobile | ||
identification card to an individual who is otherwise eligible | ||
to hold a physical credential in addition to, and not instead | ||
of, an identification card if the Secretary of State has | ||
issued an identification card to the person. The data elements | ||
that are used to build an electronic credential must match the | ||
individual's current Department record. | ||
(2) The Secretary may enter into agreements or | ||
contract with an agency of the State, another state, the | ||
United States, or a third party to facilitate the | ||
issuance, use, and verification of a mobile identification | ||
card issued by the Secretary or another state. | ||
(3) Any mobile identification card issued by the | ||
Secretary shall be in accordance with the most recent | ||
AAMVA standards. | ||
(4) The Secretary shall design the mobile | ||
identification card in a manner that allows the credential | ||
holder to maintain physical possession of the device on | ||
which the mobile identification card is accessed during | ||
verification. | ||
(g) The verification process shall be implemented to | ||
require: | ||
(1) the relying parties to authenticate electronic |
credentials in accordance with applicable AAMVA standards | ||
prior to acceptance of the electronic credential; | ||
(2) the Secretary to ensure that electronic credential | ||
data is subject to all jurisdictional data security and | ||
privacy protection laws and regulations; and | ||
(3) the relying parties to request only electronic | ||
credential data elements that are necessary to complete | ||
the transaction for which data is being requested. | ||
(h) Privacy and tracking of data shall be restricted by | ||
implementing the following requirements: | ||
(1) the relying parties shall retain only electronic | ||
credential data elements for which the relying party | ||
explicitly obtained consent from the electronic credential | ||
holder and shall inform the electronic credential holder | ||
of the use and retention period of the electronic data | ||
elements; | ||
(2) the Secretary shall use an electronic credential | ||
system that is designed to maximize the privacy of the | ||
credential holder in accordance with State and federal law | ||
and shall not track or compile information without the | ||
credential holder's consent; and | ||
(3) the Department shall only compile and disclose | ||
information regarding the use of the credential as | ||
required by State or federal law. | ||
(i)(1) The electronic credential holder shall be required | ||
to have their physical credential on their person for all |
purposes for which an identification card is required. No | ||
person, public entity, private entity, or agency shall | ||
establish a policy that requires an electronic credential | ||
instead of a physical credential. | ||
(2) Electronic credential systems shall be designed so | ||
that there is no requirement for the electronic credential | ||
holder to display or relinquish possession of the credential | ||
holder's mobile device to relying parties for the acceptance | ||
of an electronic credential. | ||
(3) When required by law and upon request by law | ||
enforcement, a credential holder must provide the credential | ||
holder's physical credential. | ||
(4) Any law or regulation that requires an individual to | ||
surrender their physical credential to law enforcement does | ||
not apply to the device on which an electronic credential has | ||
been provisioned. | ||
(j) A person may be required to produce when so requested a | ||
physical identification card to a law enforcement officer, a | ||
representative of a State or federal department or agency, or | ||
a private entity and is subject to all applicable laws and | ||
consequences for failure to produce such an identification | ||
card. | ||
(k) The Secretary of State shall adopt such rules as are | ||
necessary to implement a mobile identification card. | ||
(l) The display of a mobile identification card shall not | ||
serve as consent or authorization for a law enforcement |
officer, or any other person, to search, view, or access any | ||
other data or application on the mobile device. If a person | ||
presents the person's mobile device to a law enforcement | ||
officer for purposes of displaying a mobile identification | ||
card, the law enforcement officer shall promptly return the | ||
mobile device to the person once the officer has had an | ||
opportunity to verify the identity of the person. Except for | ||
willful and wanton misconduct, any law enforcement officer, | ||
court, or officer of the court presented with the device shall | ||
be immune from any liability resulting from damage to the | ||
mobile device. | ||
(m) The fee to install the application to display a mobile | ||
identification card as defined in this subsection shall not | ||
exceed $6. | ||
(n) As used in this Section: | ||
"AAMVA" means the American Association of Motor Vehicle | ||
Administrators. | ||
"Credential" means a driver's license, learner's permit, | ||
or identification card. | ||
"Credential holder" means the individual to whom a mobile | ||
driver's license or a mobile identification card is issued. | ||
"Data element" means a distinct component of a customer's | ||
information that is found on the Department's customer record. | ||
"Department" means the Secretary of State Department of | ||
Driver Services. | ||
"Electronic credential" means an electronic extension of |
the departmental issued physical credential that conveys | ||
identity and complies with AAMVA's mobile driver license | ||
Implementation guidelines and the ISO/IEC 18013-5 standard. | ||
"Electronic credential system" means a digital process | ||
that includes a method for provisioning electronic | ||
credentials, requesting and transmitting electronic credential | ||
data elements, and performing tasks to maintain the system. | ||
"Full profile" means all the information provided on an | ||
identification card. | ||
"ISO" means the International Organization for | ||
Standardization, which creates uniform processes and | ||
procedures. | ||
"Limited profile" means a portion of the information | ||
provided on an Identification Card. | ||
"Mobile identification card" means a data file that is | ||
available on any mobile device that has connectivity to the | ||
Internet through an application that allows the mobile device | ||
to download the data file from the Secretary of State, that | ||
contains all the data elements visible on the face and back of | ||
an identification card, and that displays the current status | ||
of the identification card. "Mobile identification card" does | ||
not include a copy, photograph, or image of an Illinois | ||
Identification Card that is not downloaded through the | ||
application on a mobile device. | ||
"Physical credential" means a Department issued document | ||
that conveys identity in accordance with the Illinois |
Identification Card Act. | ||
"Provision" means the initial loading of an electronic | ||
credential onto a device. | ||
"Relying party" means the entity to which the credential | ||
holder presents the electronic credential. | ||
"Verification process" means a method of authenticating | ||
the electronic credential through the use of secured | ||
encryption communication. | ||
(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||
103-345, eff. 1-1-24; revised 12-12-23.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-101 as follows: | ||
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101) | ||
Sec. 6-101. Drivers must have licenses or permits. | ||
(a) No person, except those expressly exempted by Section | ||
6-102, shall drive any motor vehicle upon a highway in this | ||
State unless such person has a valid license or permit, an | ||
Illinois mobile driver's license, or a restricted driving | ||
permit, issued under the provisions of this Act. | ||
(b) No person shall drive a motor vehicle unless the | ||
person he holds a valid license or permit, an Illinois mobile | ||
driver's license, or a restricted driving permit issued under | ||
the provisions of Section 6-205, 6-206, or 6-113 of this Act. | ||
Any person to whom a license is issued under the provisions of |
this Act must surrender to the Secretary of State all valid | ||
licenses or permits, except that an applicant for a | ||
non-domiciled commercial learner's permit or commercial | ||
driver's license shall not be required to surrender a license | ||
or permit issued by the applicant's state or country of | ||
domicile. No driver's drivers license or instruction permit | ||
shall be issued to any person who holds a valid Foreign State | ||
license, identification card, or permit unless such person | ||
first surrenders to the Secretary of State any such valid | ||
Foreign State license, identification card, or permit. | ||
(b-5) Any person who commits a violation of subsection (a) | ||
or (b) of this Section is guilty of a Class A misdemeanor, if | ||
at the time of the violation the person's driver's license or | ||
permit was cancelled under clause (a)9 of Section 6-201 of | ||
this Code. | ||
(c) Any person licensed as a driver hereunder shall not be | ||
required by any city, village, incorporated town or other | ||
municipal corporation to obtain any other license to exercise | ||
the privilege thereby granted. | ||
(d) In addition to other penalties imposed under this | ||
Section, any person in violation of this Section who is also in | ||
violation of Section 7-601 of this Code relating to mandatory | ||
insurance requirements shall have his or her motor vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer. The motor vehicle may be released to any licensed | ||
driver upon a showing of proof of insurance for the motor |
vehicle that was impounded and the notarized written consent | ||
for the release by the vehicle owner. | ||
(e) In addition to other penalties imposed under this | ||
Section, the vehicle of any person in violation of this | ||
Section who is also in violation of Section 7-601 of this Code | ||
relating to mandatory insurance requirements and who, in | ||
violating this Section, has caused death or personal injury to | ||
another person is subject to forfeiture under Sections 36-1 | ||
and 36-2 of the Criminal Code of 2012. For the purposes of this | ||
Section, a personal injury shall include any type A injury as | ||
indicated on the traffic crash report completed by a law | ||
enforcement officer that requires immediate professional | ||
attention in either a doctor's office or a medical facility. A | ||
type A injury shall include severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(f)(1) The Secretary of State may issue a mobile driver's | ||
license to an individual in addition to, and not instead of, a | ||
license or an identification card if the Secretary of State | ||
has issued a driver's license to the person. | ||
(2) The Secretary may enter into agreements with an agency | ||
of the State, another state, or the United States to | ||
facilitate the issuance, use, and verification of a mobile | ||
driver's license issued by the Secretary or another state. | ||
(3) Any mobile driver's license issued by the Secretary | ||
shall be in accordance with American Association of Motor |
Vehicle Administrator's Mobile Driver's License (mDL) | ||
Implementation Guidelines, Version 1.1. | ||
(4) The Secretary shall design the mobile driver's license | ||
in a manner that allows the credential holder to maintain | ||
physical possession of the device on which the electronic | ||
credential is accessed during verification. | ||
(g) As used in this Section: | ||
"Mobile driver's license" means an electronic extension of | ||
the Secretary of State issued physical driver's license that | ||
conveys identity and driving privilege information and is in | ||
compliance with the American Association of Motor Vehicle | ||
Administrator's Mobile Driver's License Implementation | ||
Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's | ||
license" does not include a digital copy, photograph, or image | ||
of a driver's license that is not downloaded through the | ||
Secretary of State's application on a mobile device. | ||
(h) A person may be required to produce when so requested a | ||
physical driver's license to a law enforcement officer, a | ||
representative of a State or federal department or agency, or | ||
a private entity and is subject to all applicable laws and | ||
consequences for failure to produce such a license. | ||
(i) The Secretary of State shall adopt such rules as are | ||
necessary to implement a mobile driver's license. | ||
(j) The display of a mobile driver's license shall not | ||
serve as consent or authorization for a law enforcement | ||
officer, or any other person, to search, view, or access any |
other data or application on the mobile device. If a person | ||
presents his or her mobile device to a law enforcement officer | ||
for purposes of displaying a mobile driver's license, the law | ||
enforcement officer shall promptly return the mobile device to | ||
the person once the officer has had an opportunity to verify | ||
the identity and license status of the person. Except for | ||
willful and wanton misconduct, any law enforcement officer, | ||
court, or officer of the court presented with the device shall | ||
be immune from any liability resulting from damage to the | ||
mobile device. | ||
(k) The fee to install the application to display a mobile | ||
driver's license as defined in this subsection shall not | ||
exceed $6. | ||
(Source: P.A. 102-982, eff. 7-1-23 .) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. |