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Public Act 094-0389 |
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AN ACT concerning identification.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Consular Identification Document Act. | ||||
Section 5. Definition. As used in this Act, "consular | ||||
identification document" means an official identification card | ||||
issued by a foreign government that meets all of the following | ||||
requirements: | ||||
(1) The consular identification document is issued | ||||
through the foreign government's consular offices for the | ||||
purpose of identifying a foreign national who is living | ||||
outside of
that nation. | ||||
(2) The foreign government requires an individual to | ||||
provide the following to obtain the consular | ||||
identification document: (A) proof of nationality; (B) | ||||
proof of identity; and (C) proof of residence in the | ||||
consular district. | ||||
(3) The foreign government includes the following | ||||
security features in the consular identification document: | ||||
(A) a unique identification number; (B) an optically | ||||
variable feature such as a hologram or color-shifting inks; | ||||
(C) an ultraviolet image; (D) encoded information; (E) | ||||
machine readable technology; (F) micro printing; (G) | ||||
secure laminate; and (H) integrated photograph and | ||||
signature.
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(4) The consular identification document includes the | ||||
following data: (A) the name and address of the individual | ||||
to whom it is issued; (B) the date of issuance; (C) the | ||||
date of expiration; (D) the name of the issuing consulate; | ||||
and (E) an identification number. The consular | ||||
identification document must include an English |
translation of the data fields.
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(5) The issuing consulate has filed with the Department | ||
of State Police a copy of the issuing consulate's consular | ||
identification document and a certification of the | ||
procedures that are used to satisfy the requirements of | ||
paragraphs (2) and (3).
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Section 10. Acceptance of consular identification | ||
document. | ||
(a) When requiring members of the public to provide | ||
identification, each State agency and officer and unit of local | ||
government shall accept a consular identification document as | ||
valid identification of a person. | ||
(b) A consular identification document shall be accepted | ||
for purposes of identification only
and does not convey an | ||
independent right to receive benefits of any type. | ||
(c) A consular identification document may not be accepted | ||
as identification for obtaining a driver's license or | ||
registering to vote. | ||
(d) A consular identification document does not establish | ||
or indicate lawful U.S. immigration status and may not be | ||
viewed as valid for that purpose, nor does a consular | ||
identification document establish a foreign national's right | ||
to be in the United States or remain in the United States.
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(e) The requirements of subsection (a) do not apply if: | ||
(1) a federal law, regulation, or directive or a | ||
federal court decision requires a State agency or officer | ||
or a unit of local government to obtain different | ||
identification; | ||
(2) a federal law, regulation, or directive preempts | ||
state regulation of identification requirements; or | ||
(3) a State agency or officer or a unit of local | ||
government would be unable to comply with a condition | ||
imposed by a funding source which would cause the State | ||
agency or officer or unit of local government to lose funds | ||
from that source.
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(f) Nothing in subsection (a) shall be construed to | ||
prohibit a State agency or officer or a unit of local | ||
government from: | ||
(1) requiring additional information from persons in | ||
order to verify a current address or other facts that would | ||
enable the State agency or officer or unit of local | ||
government to fulfill its responsibilities, except that | ||
this paragraph (1) does not permit a State agency or | ||
officer or a unit of local government to require additional | ||
information solely in order to establish identification of | ||
the person when the consular identification document is the | ||
form of identification presented; | ||
(2) requiring fingerprints for identification purposes | ||
under circumstances where the State agency or officer or | ||
unit of local government also requires fingerprints from | ||
persons who have a driver's license or Illinois | ||
Identification Card; or | ||
(3) requiring additional evidence of identification if
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the State agency or officer or unit of local government | ||
reasonably believes that: (A) the consular identification | ||
document is forged, fraudulent,
or altered; or (B) the | ||
holder
does not appear to be the same person on the | ||
consular identification document. | ||
Section 15. Privacy and disclosure
limitations. Use by a | ||
State agency or officer or a unit of local government of | ||
information collected from, or appearing on, a consular | ||
identification document is subject to the same privacy and | ||
disclosure
limitations that apply to the Illinois | ||
Identification Card.
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