Public Act 103-0888
 
SB0856 EnrolledLRB103 03315 RPS 48321 b

    AN ACT concerning State government.
 
    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 5 as follows:
 
    (15 ILCS 335/5)  (from Ch. 124, par. 25)
    (Text of Section before amendment by P.A. 103-210)
    Sec. 5. Applications. 
    (a) Any natural person who is a resident of the State of 
Illinois may file an application for an identification card, 
or for the renewal thereof, in a manner prescribed by the 
Secretary. Each original application shall be completed by the 
applicant in full and shall set forth the legal name, 
residence address and zip code, social security number, birth 
date, sex and a brief description of the applicant. The 
applicant shall be photographed, unless the Secretary of State 
has provided by rule for the issuance of identification cards 
without photographs and the applicant is deemed eligible for 
an identification card without a photograph under the terms 
and conditions imposed by the Secretary of State, and he or she 
shall also submit any other information as the Secretary may 
deem necessary or such documentation as the Secretary may 
require to determine the identity of the applicant. In 
addition to the residence address, the Secretary may allow the 
applicant to provide a mailing address. If the applicant is an 
employee of the Department of Children and Family Services 
with a job title of "Child Protection Specialist Trainee", 
"Child Protection Specialist", "Child Protection Advanced 
Specialist", "Child Welfare Specialist Trainee", "Child 
Welfare Specialist", or "Child Welfare Advanced Specialist" or 
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 in lieu of the applicant's 
residence or mailing address. An applicant for an Illinois 
Person with a Disability Identification Card must also submit 
with each original or renewal application, on forms prescribed 
by the Secretary, such documentation as the Secretary may 
require, establishing that the applicant is a "person with a 
disability" as defined in Section 4A of this Act, and setting 
forth the applicant's type and class of disability as set 
forth in Section 4A of this Act. For the purposes of this 
subsection (a), "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-5) Upon the first issuance of a request for proposals 
for a digital driver's license and identification card 
issuance and facial recognition system issued after January 1, 
2020 (the effective date of Public Act 101-513), and upon 
implementation of a new or revised system procured pursuant to 
that request for proposals, the Secretary shall permit 
applicants to choose between "male", "female", or "non-binary" 
when designating the applicant's sex on the identification 
card application form. The sex designated by the applicant 
shall be displayed on the identification card issued to the 
applicant. 
    (b) Beginning on or before July 1, 2015, for each original 
or renewal identification card application under this Act, the 
Secretary shall inquire as to whether the applicant is a 
veteran for purposes of issuing an identification card with a 
veteran designation under subsection (c-5) of Section 4 of 
this Act. The acceptable forms of proof shall include, but are 
not limited to, Department of Defense form DD-214, Department 
of Defense form DD-256 for applicants who did not receive a 
form DD-214 upon the completion of initial basic training, 
Department of Defense form DD-2 (Retired), an identification 
card issued under the federal Veterans Identification Card Act 
of 2015, or a United States Department of Veterans Affairs 
summary of benefits letter. If the document cannot be stamped, 
the Illinois Department of Veterans' Affairs shall provide a 
certificate to the veteran to provide to the Secretary of 
State. The Illinois Department of Veterans' Affairs shall 
advise the Secretary as to what other forms of proof of a 
person's status as a veteran are acceptable.
    For each applicant who is issued an identification card 
with a veteran designation, the Secretary shall provide the 
Department of Veterans' Affairs with the applicant's name, 
address, date of birth, gender, and such other demographic 
information as agreed to by the Secretary and the Department. 
The Department may take steps necessary to confirm the 
applicant is a veteran. If after due diligence, including 
writing to the applicant at the address provided by the 
Secretary, the Department is unable to verify the applicant's 
veteran status, the Department shall inform the Secretary, who 
shall notify the applicant that he or she must confirm status 
as a veteran, or the identification card will be cancelled. 
    For purposes of this subsection (b):
    "Armed forces" means any of the Armed Forces of the United 
States, including a member of any reserve component or 
National Guard unit. 
    "Veteran" means a person who has served in the armed 
forces and was discharged or separated under honorable 
conditions. 
    (c) All applicants for REAL ID compliant standard Illinois 
Identification Cards and Illinois Person with a Disability 
Identification Cards shall provide proof of lawful status in 
the United States as defined in 6 CFR 37.3, as amended. 
Applicants who are unable to provide the Secretary with proof 
of lawful status are ineligible for REAL ID compliant 
identification cards under this Act.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; 
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
    (Text of Section after amendment by P.A. 103-210)
    Sec. 5. Applications. 
    (a) Any natural person who is a resident of the State of 
Illinois may file an application for an identification card, 
or for the renewal thereof, in a manner prescribed by the 
Secretary. Each original application shall be completed by the 
applicant in full and shall set forth the legal name, 
residence address and zip code, social security number, if the 
person has a social security number, birth date, sex and a 
brief description of the applicant. The applicant shall be 
photographed, unless the Secretary of State has provided by 
rule for the issuance of identification cards without 
photographs and the applicant is deemed eligible for an 
identification card without a photograph under the terms and 
conditions imposed by the Secretary of State, and he or she 
shall also submit any other information as the Secretary may 
deem necessary or such documentation as the Secretary may 
require to determine the identity of the applicant. In 
addition to the residence address, the Secretary may allow the 
applicant to provide a mailing address. If the applicant is an 
employee of the Department of Children and Family Services 
with a job title of "Child Protection Specialist Trainee", 
"Child Protection Specialist", "Child Protection Advanced 
Specialist", "Child Welfare Specialist Trainee", "Child 
Welfare Specialist" or "Child Welfare Advanced Specialist or 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 in lieu of the applicant's 
residence or mailing address. An applicant for an Illinois 
Person with a Disability Identification Card must also submit 
with each original or renewal application, on forms prescribed 
by the Secretary, such documentation as the Secretary may 
require, establishing that the applicant is a "person with a 
disability" as defined in Section 4A of this Act, and setting 
forth the applicant's type and class of disability as set 
forth in Section 4A of this Act. For the purposes of this 
subsection (a), "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-5) Upon the first issuance of a request for proposals 
for a digital driver's license and identification card 
issuance and facial recognition system issued after January 1, 
2020 (the effective date of Public Act 101-513), and upon 
implementation of a new or revised system procured pursuant to 
that request for proposals, the Secretary shall permit 
applicants to choose between "male", "female", or "non-binary" 
when designating the applicant's sex on the identification 
card application form. The sex designated by the applicant 
shall be displayed on the identification card issued to the 
applicant. 
    (b) Beginning on or before July 1, 2015, for each original 
or renewal identification card application under this Act, the 
Secretary shall inquire as to whether the applicant is a 
veteran for purposes of issuing an identification card with a 
veteran designation under subsection (c-5) of Section 4 of 
this Act. The acceptable forms of proof shall include, but are 
not limited to, Department of Defense form DD-214, Department 
of Defense form DD-256 for applicants who did not receive a 
form DD-214 upon the completion of initial basic training, 
Department of Defense form DD-2 (Retired), an identification 
card issued under the federal Veterans Identification Card Act 
of 2015, or a United States Department of Veterans Affairs 
summary of benefits letter. If the document cannot be stamped, 
the Illinois Department of Veterans' Affairs shall provide a 
certificate to the veteran to provide to the Secretary of 
State. The Illinois Department of Veterans' Affairs shall 
advise the Secretary as to what other forms of proof of a 
person's status as a veteran are acceptable.
    For each applicant who is issued an identification card 
with a veteran designation, the Secretary shall provide the 
Department of Veterans' Affairs with the applicant's name, 
address, date of birth, gender, and such other demographic 
information as agreed to by the Secretary and the Department. 
The Department may take steps necessary to confirm the 
applicant is a veteran. If after due diligence, including 
writing to the applicant at the address provided by the 
Secretary, the Department is unable to verify the applicant's 
veteran status, the Department shall inform the Secretary, who 
shall notify the applicant that he or she must confirm status 
as a veteran, or the identification card will be cancelled. 
    For purposes of this subsection (b):
    "Armed forces" means any of the Armed Forces of the United 
States, including a member of any reserve component or 
National Guard unit. 
    "Veteran" means a person who has served in the armed 
forces and was discharged or separated under honorable 
conditions. 
    (c) All applicants for REAL ID compliant standard Illinois 
Identification Cards and Illinois Person with a Disability 
Identification Cards shall provide proof of lawful status in 
the United States as defined in 6 CFR 37.3, as amended. 
Applicants who are unable to provide the Secretary with proof 
of lawful status are ineligible for REAL ID compliant 
identification cards under this Act.
    (d) The Secretary of State may accept, as proof of date of 
birth and written signature for any applicant for a standard 
identification card who does not have a social security number 
or documentation issued by the United States Department of 
Homeland Security authorizing the applicant's presence in this 
country, any passport validly issued to the applicant from the 
applicant's country of citizenship or a consular 
identification document validly issued to the applicant by a 
consulate of that country as defined in Section 5 of the 
Consular Identification Document Act. Any such documents must 
be either unexpired or presented by an applicant within 2 
years of its expiration date. 
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
 
    Section 10. The Illinois Vehicle Code is amended by 
changing Section 6-110 as follows:
 
    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
    Sec. 6-110. Licenses issued to drivers. 
    (a) The Secretary of State shall issue to every qualifying 
applicant a driver's license as applied for, which license 
shall bear a distinguishing number assigned to the licensee, 
the legal name, signature, zip code, date of birth, residence 
address, and a brief description of the licensee. 
    Licenses issued shall also indicate the classification and 
the restrictions under Section 6-104 of this Code. The 
Secretary may adopt rules to establish informational 
restrictions that can be placed on the driver's license 
regarding specific conditions of the licensee.
    A driver's license issued may, in the discretion of the 
Secretary, include a suitable photograph of a type prescribed 
by the Secretary. 
    (a-1) If the licensee is less than 18 years of age, unless 
one of the exceptions in subsection (a-2) apply, the license 
shall, as a matter of law, be invalid for the operation of any 
motor vehicle during the following times:
        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on 
    Sunday; and
        (C) Between 10:00 p.m. on Sunday to Thursday, 
    inclusive, and 6:00 a.m. on the following day.
    (a-2) The driver's license of a person under the age of 18 
shall not be invalid as described in subsection (a-1) of this 
Section if the licensee under the age of 18 was:
        (1) accompanied by the licensee's parent or guardian 
    or other person in custody or control of the minor;
        (2) on an errand at the direction of the minor's 
    parent or guardian, without any detour or stop;
        (3) in a motor vehicle involved in interstate travel;
        (4) going to or returning home from an employment 
    activity, without any detour or stop;
        (5) involved in an emergency;
        (6) going to or returning home from, without any 
    detour or stop, an official school, religious, or other 
    recreational activity supervised by adults and sponsored 
    by a government or governmental agency, a civic 
    organization, or another similar entity that takes 
    responsibility for the licensee, without any detour or 
    stop;
        (7) exercising First Amendment rights protected by the 
    United States Constitution, such as the free exercise of 
    religion, freedom of speech, and the right of assembly; or
        (8) married or had been married or is an emancipated 
    minor under the Emancipation of Minors Act.
    (a-2.5) The driver's license of a person who is 17 years of 
age and has been licensed for at least 12 months is not invalid 
as described in subsection (a-1) of this Section while the 
licensee is participating as an assigned driver in a Safe 
Rides program that meets the following criteria: 
        (1) the program is sponsored by the Boy Scouts of 
    America or another national public service organization; 
    and
        (2) the sponsoring organization carries liability 
    insurance covering the program. 
    (a-3) If a graduated driver's license holder over the age 
of 18 committed an offense against traffic regulations 
governing the movement of vehicles or any violation of Section 
6-107 or Section 12-603.1 of this Code in the 6 months prior to 
the graduated driver's license holder's 18th birthday, and was 
subsequently convicted of the offense, the provisions of 
subsection (a-1) shall continue to apply until such time as a 
period of 6 consecutive months has elapsed without an 
additional violation and subsequent conviction of an offense 
against traffic regulations governing the movement of vehicles 
or Section 6-107 or Section 12-603.1 of this Code. 
    (a-4) If an applicant for a driver's license or 
instruction permit has a current identification card 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-5) If an applicant for a driver's license is an 
employee of the Department of Children and Family Services 
with a job title of "Child Protection Specialist Trainee", 
"Child Protection Specialist", "Child Protection Advanced 
Specialist", "Child Welfare Specialist Trainee", "Child 
Welfare Specialist", or "Child Welfare Advanced Specialist" or 
a judicial officer or a peace officer, the applicant may elect 
to have his or her office or work address listed on the license 
instead of the applicant's residence or mailing address. The 
Secretary of State shall adopt rules to implement this 
subsection (a-5). For the purposes of this subsection (a-5), 
"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. 
    (b) Until the Secretary of State establishes a First 
Person Consent organ and tissue donor registry under Section 
6-117 of this Code, the Secretary of State shall provide a 
format on the reverse of each driver's license issued which 
the licensee may use to execute a document of gift conforming 
to the provisions of the Illinois Anatomical Gift Act. The 
format shall allow the licensee to indicate the gift intended, 
whether specific organs, any organ, or the entire body, and 
shall accommodate the signatures of the donor and 2 witnesses. 
The Secretary shall also inform each applicant or licensee of 
this format, describe the procedure for its execution, and may 
offer the necessary witnesses; provided that in so doing, the 
Secretary shall advise the applicant or licensee that he or 
she is under no compulsion to execute a document of gift. A 
brochure explaining this method of executing an anatomical 
gift document shall be given to each applicant or licensee. 
The brochure shall advise the applicant or licensee that he or 
she is under no compulsion to execute a document of gift, and 
that he or she may wish to consult with family, friends or 
clergy before doing so. The Secretary of State may undertake 
additional efforts, including education and awareness 
activities, to promote organ and tissue donation. 
    (c) The Secretary of State shall designate on each 
driver's license issued a space where the licensee may place a 
sticker or decal of the uniform size as the Secretary may 
specify, which sticker or decal may indicate in appropriate 
language that the owner of the license carries an Emergency 
Medical Information Card. 
    The sticker may be provided by any person, hospital, 
school, medical group, or association interested in assisting 
in implementing the Emergency Medical Information Card, but 
shall meet the specifications as the Secretary may by rule or 
regulation require. 
    (d) The Secretary of State shall designate on each 
driver's license issued a space where the licensee may 
indicate his blood type and RH factor. 
    (e) The Secretary of State shall provide that each 
original or renewal driver's license issued to a licensee 
under 21 years of age shall be of a distinct nature from those 
driver's licenses issued to individuals 21 years of age and 
older. The color designated for driver's licenses for 
licensees under 21 years of age shall be at the discretion of 
the Secretary of State. 
    (e-1) The Secretary shall provide that each driver's 
license issued to a person under the age of 21 displays the 
date upon which the person becomes 18 years of age and the date 
upon which the person becomes 21 years of age. 
    (e-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 drivers' licenses with the word "veteran" appearing on 
the face of the licenses. This authorization is predicated on 
the unique status of veterans. The Secretary may not issue any 
other driver's license which identifies an occupation, status, 
affiliation, hobby, or other unique characteristics of the 
license holder which is unrelated to the purpose of the 
driver's license.
    (e-5) Beginning on or before July 1, 2015, the Secretary 
of State shall designate a space on each original or renewal 
driver's license 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 (e) of Section 6-106 of this Code who was 
discharged or separated under honorable conditions. 
    (f) The Secretary of State shall inform all Illinois 
licensed commercial motor vehicle operators of the 
requirements of the Uniform Commercial Driver License Act, 
Article V of this Chapter, and shall make provisions to insure 
that all drivers, seeking to obtain a commercial driver's 
license, be afforded an opportunity prior to April 1, 1992, to 
obtain the license. The Secretary is authorized to extend 
driver's license expiration dates, and assign specific times, 
dates and locations where these commercial driver's tests 
shall be conducted. Any applicant, regardless of the current 
expiration date of the applicant's driver's license, may be 
subject to any assignment by the Secretary. Failure to comply 
with the Secretary's assignment may result in the applicant's 
forfeiture of an opportunity to receive a commercial driver's 
license prior to April 1, 1992. 
    (g) The Secretary of State shall designate on a driver's 
license issued, a space where the licensee may indicate that 
he or she has drafted a living will in accordance with the 
Illinois Living Will Act or a durable power of attorney for 
health care in accordance with the Illinois Power of Attorney 
Act. 
    (g-1) The Secretary of State, in his or her discretion, 
may designate on each driver's license issued a space where 
the licensee 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 
owner of the license has renewed his or her driver's license. 
    (h) A person who acts in good faith in accordance with the 
terms of this Section is not liable for damages in any civil 
action or subject to prosecution in any criminal proceeding 
for his or her act. 
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 
97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 
1-1-14; 98-463, eff. 8-16-13.)
 
    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.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.