Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3882 Introduced / Bill

Filed 02/17/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:  See Index  Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.  LRB103 26790 MXP 53153 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:  See Index See Index  Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.  LRB103 26790 MXP 53153 b     LRB103 26790 MXP 53153 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.
LRB103 26790 MXP 53153 b     LRB103 26790 MXP 53153 b
    LRB103 26790 MXP 53153 b
A BILL FOR
HB3882LRB103 26790 MXP 53153 b   HB3882  LRB103 26790 MXP 53153 b
  HB3882  LRB103 26790 MXP 53153 b
1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Consular Identification Document Act is
5  amended by changing Section 10 as follows:
6  (5 ILCS 230/10)
7  Sec. 10. Acceptance of consular identification document.
8  (a) When requiring members of the public to provide
9  identification, each State agency and officer and unit of
10  local government shall accept a consular identification
11  document as valid identification of a person.
12  (b) A consular identification document shall be accepted
13  for purposes of identification only and does not convey an
14  independent right to receive benefits of any type.
15  (c) A consular identification document may not be accepted
16  as identification for obtaining a REAL ID compliant driver's
17  license, as defined by Section 6-100 of the Vehicle Code,
18  other than a temporary visitor's driver's license, or
19  registering to vote.
20  (d) A consular identification document does not establish
21  or indicate lawful U.S. immigration status and may not be
22  viewed as valid for that purpose, nor does a consular
23  identification document establish a foreign national's right

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.
LRB103 26790 MXP 53153 b     LRB103 26790 MXP 53153 b
    LRB103 26790 MXP 53153 b
A BILL FOR

 

 

See Index



    LRB103 26790 MXP 53153 b

 

 



 

  HB3882  LRB103 26790 MXP 53153 b


HB3882- 2 -LRB103 26790 MXP 53153 b   HB3882 - 2 - LRB103 26790 MXP 53153 b
  HB3882 - 2 - LRB103 26790 MXP 53153 b
1  to be in the United States or remain in the United States.
2  (e) The requirements of subsection (a) do not apply if:
3  (1) a federal law, regulation, or directive or a
4  federal court decision requires a State agency or officer
5  or a unit of local government to obtain different
6  identification;
7  (2) a federal law, regulation, or directive preempts
8  state regulation of identification requirements; or
9  (3) a State agency or officer or a unit of local
10  government would be unable to comply with a condition
11  imposed by a funding source which would cause the State
12  agency or officer or unit of local government to lose
13  funds from that source.
14  (f) Nothing in subsection (a) shall be construed to
15  prohibit a State agency or officer or a unit of local
16  government from:
17  (1) requiring additional information from persons in
18  order to verify a current address or other facts that
19  would enable the State agency or officer or unit of local
20  government to fulfill its responsibilities, except that
21  this paragraph (1) does not permit a State agency or
22  officer or a unit of local government to require
23  additional information solely in order to establish
24  identification of the person when the consular
25  identification document is the form of identification
26  presented;

 

 

  HB3882 - 2 - LRB103 26790 MXP 53153 b


HB3882- 3 -LRB103 26790 MXP 53153 b   HB3882 - 3 - LRB103 26790 MXP 53153 b
  HB3882 - 3 - LRB103 26790 MXP 53153 b
1  (2) requiring fingerprints for identification purposes
2  under circumstances where the State agency or officer or
3  unit of local government also requires fingerprints from
4  persons who have a driver's license or Illinois
5  Identification Card; or
6  (3) requiring additional evidence of identification if
7  the State agency or officer or unit of local government
8  reasonably believes that: (A) the consular identification
9  document is forged, fraudulent, or altered; or (B) the
10  holder does not appear to be the same person on the
11  consular identification document.
12  (Source: P.A. 97-1157, eff. 11-28-13.)
13  Section 10. The Election Code is amended by changing
14  Section 1A-16.1 as follows:
15  (10 ILCS 5/1A-16.1)
16  Sec. 1A-16.1. Automatic voter registration; Secretary of
17  State.
18  (a) The Office of the Secretary of State and the State
19  Board of Elections, pursuant to an interagency contract and
20  jointly-adopted rules, shall establish an automatic voter
21  registration program that satisfies the requirements of this
22  Section and other applicable law.
23  (b) If an application, an application for renewal, a
24  change of address form, or a recertification form for a

 

 

  HB3882 - 3 - LRB103 26790 MXP 53153 b


HB3882- 4 -LRB103 26790 MXP 53153 b   HB3882 - 4 - LRB103 26790 MXP 53153 b
  HB3882 - 4 - LRB103 26790 MXP 53153 b
1  driver's license, other than a temporary visitor's driver's
2  license, or a State identification card issued by the Office
3  of the Secretary of State meets the requirements of the
4  federal REAL ID Act of 2005, then that application shall serve
5  as a dual-purpose application. The dual-purpose application
6  shall:
7  (1) also serve as an application to register to vote
8  in Illinois;
9  (2) allow an applicant to change his or her registered
10  residence address or name as it appears on the voter
11  registration rolls;
12  (3) provide the applicant with an opportunity to
13  affirmatively decline to register to vote or to change his
14  or her registered residence address or name by providing a
15  check box on the application form without requiring the
16  applicant to state the reason; and
17  (4) unless the applicant declines to register to vote
18  or change his or her registered residence address or name,
19  require the applicant to attest, by signature under
20  penalty of perjury as described in subsection (e) of this
21  Section, to meeting the qualifications to register to vote
22  in Illinois at his or her residence address as indicated
23  on his or her driver's license or identification card
24  dual-purpose application.
25  (b-5) If an application, an application for renewal, a
26  change of address form, or a recertification form for a

 

 

  HB3882 - 4 - LRB103 26790 MXP 53153 b


HB3882- 5 -LRB103 26790 MXP 53153 b   HB3882 - 5 - LRB103 26790 MXP 53153 b
  HB3882 - 5 - LRB103 26790 MXP 53153 b
1  driver's license, other than a temporary visitor's driver's
2  license, or a State identification card issued by the Office
3  of the Secretary of State, other than an application or form
4  that pertains to a standard driver's license or identification
5  card and does not list a social security number for the
6  applicant, does not meet the requirements of the federal REAL
7  ID Act of 2005, then that application shall serve as a
8  dual-purpose application. The dual-purpose application shall:
9  (1) also serve as an application to register to vote
10  in Illinois;
11  (2) allow an applicant to change his or her registered
12  residence address or name as it appears on the voter
13  registration rolls; and
14  (3) if the applicant chooses to register to vote or to
15  change his or her registered residence address or name,
16  then require the applicant to attest, by a separate
17  signature under penalty of perjury, to meeting the
18  qualifications to register to vote in Illinois at his or
19  her residence address as indicated on his or her
20  dual-purpose application.
21  (b-10) The Office of the Secretary of State shall clearly
22  and conspicuously inform each applicant in writing: (i) of the
23  qualifications to register to vote in Illinois, (ii) of the
24  penalties provided by law for submission of a false voter
25  registration application, (iii) that, unless the applicant
26  declines to register to vote or update his or her voter

 

 

  HB3882 - 5 - LRB103 26790 MXP 53153 b


HB3882- 6 -LRB103 26790 MXP 53153 b   HB3882 - 6 - LRB103 26790 MXP 53153 b
  HB3882 - 6 - LRB103 26790 MXP 53153 b
1  registration, his or her dual-purpose application shall also
2  serve as both an application to register to vote and his or her
3  attestation that he or she meets the eligibility requirements
4  for voter registration, and that his or her application to
5  register to vote or update his or her registration will be
6  transmitted to the State Board of Elections for the purpose of
7  registering the person to vote at the residence address to be
8  indicated on his or her driver's license or identification
9  card, and (iv) that declining to register to vote is
10  confidential and will not affect any services the person may
11  be seeking from the Office of the Secretary of State.
12  (c) The Office of the Secretary of State shall review
13  information provided to the Office of the Secretary of State
14  by the State Board of Elections to inform each applicant for a
15  driver's license or permit, other than a temporary visitor's
16  driver's license, or a State identification card issued by the
17  Office of the Secretary of State, other than an application or
18  form that pertains to a standard driver's license or
19  identification card and does not list a social security number
20  for the applicant, whether the applicant is currently
21  registered to vote in Illinois and, if registered, at what
22  address.
23  (d) The Office of the Secretary of State shall not require
24  an applicant for a driver's license or State identification
25  card to provide duplicate identification or information in
26  order to complete an application to register to vote or change

 

 

  HB3882 - 6 - LRB103 26790 MXP 53153 b


HB3882- 7 -LRB103 26790 MXP 53153 b   HB3882 - 7 - LRB103 26790 MXP 53153 b
  HB3882 - 7 - LRB103 26790 MXP 53153 b
1  his or her registered residence address or name. Before
2  transmitting any personal information about an applicant to
3  the State Board of Elections, the Office of the Secretary of
4  State shall review its records of the identification documents
5  the applicant provided in order to complete the application
6  for a driver's license or State identification card, to
7  confirm that nothing in those documents indicates that the
8  applicant does not satisfy the qualifications to register to
9  vote in Illinois at his or her residence address.
10  (e) A completed, signed application for (i) a driver's
11  license or permit, other than a temporary visitor's driver's
12  license, or a State identification card issued by the Office
13  of the Secretary of State, that meets the requirements of the
14  federal REAL ID Act of 2005; or (ii) a completed application
15  under subsection (b-5) of this Section with a separate
16  signature attesting the applicant meets the qualifications to
17  register to vote in Illinois at his or her residence address as
18  indicated on his or her application shall constitute a signed
19  application to register to vote in Illinois at the residence
20  address indicated in the application unless the person
21  affirmatively declined in the application to register to vote
22  or to change his or her registered residence address or name.
23  If the identification documents provided to complete the
24  dual-purpose application indicate that he or she does not
25  satisfy the qualifications to register to vote in Illinois at
26  his or her residence address, the application shall be marked

 

 

  HB3882 - 7 - LRB103 26790 MXP 53153 b


HB3882- 8 -LRB103 26790 MXP 53153 b   HB3882 - 8 - LRB103 26790 MXP 53153 b
  HB3882 - 8 - LRB103 26790 MXP 53153 b
1  as incomplete.
2  (f) For each completed and signed application that
3  constitutes an application to register to vote in Illinois or
4  provides for a change in the applicant's registered residence
5  address or name, the Office of the Secretary of State shall
6  electronically transmit to the State Board of Elections
7  personal information needed to complete the person's
8  registration to vote in Illinois at his or her residence
9  address. The application to register to vote shall be
10  processed in accordance with Section 1A-16.7.
11  (g) If the federal REAL ID Act of 2005 is repealed,
12  abrogated, superseded, or otherwise no longer in effect, then
13  the State Board of Elections shall establish criteria for
14  determining reliable personal information indicating
15  citizenship status and shall adopt rules as necessary for the
16  Secretary of State to continue processing dual-purpose
17  applications under this Section.
18  (h) As used in this Section, "dual-purpose application"
19  means an application, an application for renewal, a change of
20  address form, or a recertification form for driver's license
21  or permit, other than a temporary visitor's driver's license,
22  or a State identification card offered by the Secretary of
23  State, other than an application or form that pertains to a
24  standard driver's license or identification card and does not
25  list a social security number for the applicant, that also
26  serves as an application to register to vote in Illinois.

 

 

  HB3882 - 8 - LRB103 26790 MXP 53153 b


HB3882- 9 -LRB103 26790 MXP 53153 b   HB3882 - 9 - LRB103 26790 MXP 53153 b
  HB3882 - 9 - LRB103 26790 MXP 53153 b
1  "Dual-purpose application" does not mean an application under
2  subsection (c) of Section 6-109 of the Illinois Vehicle Code.
3  (Source: P.A. 100-464, eff. 8-28-17.)
4  Section 15. The Illinois Identification Card Act is
5  amended by changing Sections 1A, 2, 4, 4D, 5, 8, and 11 as
6  follows:
7  (15 ILCS 335/1A)
8  Sec. 1A. Definitions. As used in this Act:
9  "Highly restricted personal information" means an
10  individual's photograph, signature, social security number,
11  and medical or disability information.
12  "Identification card making implement" means any material,
13  hardware, or software that is specifically designed for or
14  primarily used in the manufacture, assembly, issuance, or
15  authentication of an official identification card issued by
16  the Secretary of State.
17  "Fraudulent identification card" means any identification
18  card that purports to be an official identification card for
19  which a computerized number and file have not been created by
20  the Secretary of State, the United States Government or any
21  state or political subdivision thereof, or any governmental or
22  quasi-governmental organization. For the purpose of this Act,
23  any identification card that resembles an official
24  identification card in either size, color, photograph

 

 

  HB3882 - 9 - LRB103 26790 MXP 53153 b


HB3882- 10 -LRB103 26790 MXP 53153 b   HB3882 - 10 - LRB103 26790 MXP 53153 b
  HB3882 - 10 - LRB103 26790 MXP 53153 b
1  location, or design or uses the word "official", "state",
2  "Illinois", or the name of any other state or political
3  subdivision thereof, or any governmental or quasi-governmental
4  organization individually or in any combination thereof to
5  describe or modify the term "identification card" or "I.D.
6  card" anywhere on the card, or uses a shape in the likeness of
7  Illinois or any other state on the photograph side of the card,
8  is deemed to be a fraudulent identification card unless the
9  words "This is not an official Identification Card", appear
10  prominently upon it in black colored lettering in 12-point
11  type on the photograph side of the card, and no such card shall
12  be smaller in size than 3 inches by 4 inches, and the
13  photograph shall be on the left side of the card only.
14  "Legal name" means the full given name and surname of an
15  individual as recorded at birth, recorded at marriage, or
16  deemed as the correct legal name for use in reporting income by
17  the Social Security Administration or the name as otherwise
18  established through legal action that appears on the
19  associated official document presented to the Secretary of
20  State.
21  "Personally identifying information" means information
22  that identifies an individual, including his or her
23  identification card number, name, address (but not the 5-digit
24  zip code), date of birth, height, weight, hair color, eye
25  color, email address, and telephone number.
26  "Homeless person" or "homeless individual" has the same

 

 

  HB3882 - 10 - LRB103 26790 MXP 53153 b


HB3882- 11 -LRB103 26790 MXP 53153 b   HB3882 - 11 - LRB103 26790 MXP 53153 b
  HB3882 - 11 - LRB103 26790 MXP 53153 b
1  meaning as defined by the federal McKinney-Vento Homeless
2  Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
3  "Youth for whom the Department of Children and Family
4  Services is legally responsible" or "foster child" means a
5  child or youth whose guardianship or custody has been accepted
6  by the Department of Children and Family Services pursuant to
7  the Juvenile Court Act of 1987, the Children and Family
8  Services Act, the Abused and Neglected Child Reporting Act,
9  and the Adoption Act. This applies to children for whom the
10  Department of Children and Family Services has temporary
11  protective custody, custody or guardianship via court order,
12  or children whose parents have signed an adoptive surrender or
13  voluntary placement agreement with the Department.
14  "REAL ID compliant identification card" means a standard
15  Illinois Identification Card or Illinois Person with a
16  Disability Identification Card issued in compliance with the
17  REAL ID Act and implementing regulations. REAL ID compliant
18  identification cards shall bear a security marking approved by
19  the United States Department of Homeland Security.
20  "Standard Non-compliant identification card" means a
21  standard Illinois Identification Card or Illinois Person with
22  a Disability Identification Card issued in a manner which is
23  not compliant with the REAL ID Act and implementing
24  regulations. Standard Non-compliant identification cards shall
25  be marked "Not for Federal Identification" and shall have a
26  color or design different from the REAL ID compliant

 

 

  HB3882 - 11 - LRB103 26790 MXP 53153 b


HB3882- 12 -LRB103 26790 MXP 53153 b   HB3882 - 12 - LRB103 26790 MXP 53153 b
  HB3882 - 12 - LRB103 26790 MXP 53153 b
1  identification card.
2  "Limited Term REAL ID compliant identification card" means
3  a REAL ID compliant identification card that is issued to
4  persons who are not permanent residents or citizens of the
5  United States, or an individual who has an approved
6  application for asylum in the United States or has entered the
7  United States in refugee status, and is marked "Limited Term"
8  on the face of the card.
9  (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
10  101-326, eff. 8-9-19.)
11  (15 ILCS 335/2) (from Ch. 124, par. 22)
12  Sec. 2. Administration and powers and duties of the
13  Administrator.
14  (a) The Secretary of State is the Administrator of this
15  Act, and he is charged with the duty of observing,
16  administering and enforcing the provisions of this Act.
17  (b) The Secretary is vested with the powers and duties for
18  the proper administration of this Act as follows:
19  1. He shall organize the administration of this Act as
20  he may deem necessary and appoint such subordinate
21  officers, clerks and other employees as may be necessary.
22  2. From time to time, he may make, amend or rescind
23  rules and regulations as may be in the public interest to
24  implement the Act.
25  3. He may prescribe or provide suitable forms as

 

 

  HB3882 - 12 - LRB103 26790 MXP 53153 b


HB3882- 13 -LRB103 26790 MXP 53153 b   HB3882 - 13 - LRB103 26790 MXP 53153 b
  HB3882 - 13 - LRB103 26790 MXP 53153 b
1  necessary, including such forms as are necessary to
2  establish that an applicant for an Illinois Person with a
3  Disability Identification Card is a "person with a
4  disability" as defined in Section 4A of this Act, and
5  establish that an applicant for a State identification
6  card is a "homeless person" as defined in Section 1A of
7  this Act.
8  4. He may prepare under the seal of the Secretary of
9  State certified copies of any records utilized under this
10  Act and any such certified copy shall be admissible in any
11  proceeding in any court in like manner as the original
12  thereof.
13  5. Records compiled under this Act shall be maintained
14  for 6 years, but the Secretary may destroy such records
15  with the prior approval of the State Records Commission.
16  6. He shall examine and determine the genuineness,
17  regularity and legality of every application filed with
18  him under this Act, and he may in all cases investigate the
19  same, require additional information or proof or
20  documentation from any applicant.
21  7. He shall require the payment of all fees prescribed
22  in this Act, and all such fees received by him shall be
23  placed in the Road Fund of the State treasury except as
24  otherwise provided in Section 12 of this Act. Whenever any
25  application to the Secretary for an identification card
26  under this Act is accompanied by any fee, as required by

 

 

  HB3882 - 13 - LRB103 26790 MXP 53153 b


HB3882- 14 -LRB103 26790 MXP 53153 b   HB3882 - 14 - LRB103 26790 MXP 53153 b
  HB3882 - 14 - LRB103 26790 MXP 53153 b
1  law, and the application is denied after a review of
2  eligibility, which may include facial recognition
3  comparison, the applicant shall not be entitled to a
4  refund of any fees paid.
5  8. Beginning July 1, 2017, he shall refuse to issue a
6  REAL ID compliant identification card under this Act to
7  any person who has been issued a REAL ID compliant
8  driver's license under the Illinois Vehicle Code. Any such
9  person may, at his or her discretion, surrender the REAL
10  ID compliant driver's license in order to become eligible
11  to obtain a REAL ID compliant identification card.
12  9. The Secretary may issue both REAL ID compliant
13  identification cards and standard non-compliant
14  identification cards, and may permit applicants to
15  designate which type of identification card they wish to
16  receive. All provisions of this Act applicable to standard
17  non-compliant identification cards shall also apply to
18  REAL ID compliant identification cards, except where the
19  provisions are inconsistent with the REAL ID Act and
20  implementing regulations. The Secretary shall establish by
21  rule the date on which issuance of REAL ID compliant
22  identification cards will begin.
23  (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
24  99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
25  8-22-17.)

 

 

  HB3882 - 14 - LRB103 26790 MXP 53153 b


HB3882- 15 -LRB103 26790 MXP 53153 b   HB3882 - 15 - LRB103 26790 MXP 53153 b
  HB3882 - 15 - LRB103 26790 MXP 53153 b
1  (15 ILCS 335/4) (from Ch. 124, par. 24)
2  Sec. 4. Identification card.
3  (a) The Secretary of State shall issue a standard Illinois
4  Identification Card to any natural person who is a resident of
5  the State of Illinois who applies for such card, or renewal
6  thereof. No identification card shall be issued to any person
7  who holds a valid foreign state identification card, license,
8  or permit unless the person first surrenders to the Secretary
9  of State the valid foreign state identification card, license,
10  or permit. The card shall be prepared and supplied by the
11  Secretary of State and shall include a photograph and
12  signature or mark of the applicant. However, the Secretary of
13  State may provide by rule for the issuance of Illinois
14  Identification Cards without photographs if the applicant has
15  a bona fide religious objection to being photographed or to
16  the display of his or her photograph. The Illinois
17  Identification Card may be used for identification purposes in
18  any lawful situation only by the person to whom it was issued.
19  As used in this Act, "photograph" means any color photograph
20  or digitally produced and captured image of an applicant for
21  an identification card. As used in this Act, "signature" means
22  the name of a person as written by that person and captured in
23  a manner acceptable to the Secretary of State.
24  (a-5) If an applicant for an identification card has a
25  current driver's license or instruction permit issued by the
26  Secretary of State, the Secretary may require the applicant to

 

 

  HB3882 - 15 - LRB103 26790 MXP 53153 b


HB3882- 16 -LRB103 26790 MXP 53153 b   HB3882 - 16 - LRB103 26790 MXP 53153 b
  HB3882 - 16 - LRB103 26790 MXP 53153 b
1  utilize the same residence address and name on the
2  identification card, driver's license, and instruction permit
3  records maintained by the Secretary. The Secretary may
4  promulgate rules to implement this provision.
5  (a-10) If the applicant is a judicial officer as defined
6  in Section 1-10 of the Judicial Privacy Act or a peace officer,
7  the applicant may elect to have his or her office or work
8  address listed on the card instead of the applicant's
9  residence or mailing address. The Secretary may promulgate
10  rules to implement this provision. For the purposes of this
11  subsection (a-10), "peace officer" means any person who by
12  virtue of his or her office or public employment is vested by
13  law with a duty to maintain public order or to make arrests for
14  a violation of any penal statute of this State, whether that
15  duty extends to all violations or is limited to specific
16  violations.
17  (a-15) The Secretary of State may provide for an expedited
18  process for the issuance of an Illinois Identification Card.
19  The Secretary shall charge an additional fee for the expedited
20  issuance of an Illinois Identification Card, to be set by
21  rule, not to exceed $75. All fees collected by the Secretary
22  for expedited Illinois Identification Card service shall be
23  deposited into the Secretary of State Special Services Fund.
24  The Secretary may adopt rules regarding the eligibility,
25  process, and fee for an expedited Illinois Identification
26  Card. If the Secretary of State determines that the volume of

 

 

  HB3882 - 16 - LRB103 26790 MXP 53153 b


HB3882- 17 -LRB103 26790 MXP 53153 b   HB3882 - 17 - LRB103 26790 MXP 53153 b
  HB3882 - 17 - LRB103 26790 MXP 53153 b
1  expedited identification card requests received on a given day
2  exceeds the ability of the Secretary to process those requests
3  in an expedited manner, the Secretary may decline to provide
4  expedited services, and the additional fee for the expedited
5  service shall be refunded to the applicant.
6  (a-20) The Secretary of State shall issue a standard
7  Illinois Identification Card to a committed person upon
8  release on parole, mandatory supervised release, aftercare
9  release, final discharge, or pardon from the Department of
10  Corrections or Department of Juvenile Justice, if the released
11  person presents a certified copy of his or her birth
12  certificate, social security card, if the person has one, or
13  other documents authorized by the Secretary, and 2 documents
14  proving his or her Illinois residence address. Documents
15  proving residence address may include any official document of
16  the Department of Corrections or the Department of Juvenile
17  Justice showing the released person's address after release
18  and a Secretary of State prescribed certificate of residency
19  form, which may be executed by Department of Corrections or
20  Department of Juvenile Justice personnel.
21  (a-25) The Secretary of State shall issue a limited-term
22  Illinois Identification Card valid for 90 days to a committed
23  person upon release on parole, mandatory supervised release,
24  aftercare release, final discharge, or pardon from the
25  Department of Corrections or Department of Juvenile Justice,
26  if the released person is unable to present a certified copy of

 

 

  HB3882 - 17 - LRB103 26790 MXP 53153 b


HB3882- 18 -LRB103 26790 MXP 53153 b   HB3882 - 18 - LRB103 26790 MXP 53153 b
  HB3882 - 18 - LRB103 26790 MXP 53153 b
1  his or her birth certificate and social security card, if the
2  person has one, or other documents authorized by the
3  Secretary, but does present a Secretary of State prescribed
4  verification form completed by the Department of Corrections
5  or Department of Juvenile Justice, verifying the released
6  person's date of birth and social security number, if the
7  person has one, and 2 documents proving his or her Illinois
8  residence address. The verification form must have been
9  completed no more than 30 days prior to the date of application
10  for the Illinois Identification Card. Documents proving
11  residence address shall include any official document of the
12  Department of Corrections or the Department of Juvenile
13  Justice showing the person's address after release and a
14  Secretary of State prescribed certificate of residency, which
15  may be executed by Department of Corrections or Department of
16  Juvenile Justice personnel.
17  Prior to the expiration of the 90-day period of the
18  limited-term Illinois Identification Card, if the released
19  person submits to the Secretary of State a certified copy of
20  his or her birth certificate and his or her social security
21  card, if the person has one, or other documents authorized by
22  the Secretary, a standard Illinois Identification Card shall
23  be issued. A limited-term Illinois Identification Card may not
24  be renewed.
25  (a-30) The Secretary of State shall issue a standard
26  Illinois Identification Card to a person upon conditional

 

 

  HB3882 - 18 - LRB103 26790 MXP 53153 b


HB3882- 19 -LRB103 26790 MXP 53153 b   HB3882 - 19 - LRB103 26790 MXP 53153 b
  HB3882 - 19 - LRB103 26790 MXP 53153 b
1  release or absolute discharge from the custody of the
2  Department of Human Services, if the person presents a
3  certified copy of his or her birth certificate, social
4  security card, if the person has one, or other documents
5  authorized by the Secretary, and a document proving his or her
6  Illinois residence address. The Secretary of State shall issue
7  a standard Illinois Identification Card to a person prior to
8  his or her conditional release or absolute discharge if
9  personnel from the Department of Human Services bring the
10  person to a Secretary of State location with the required
11  documents. Documents proving residence address may include any
12  official document of the Department of Human Services showing
13  the person's address after release and a Secretary of State
14  prescribed verification form, which may be executed by
15  personnel of the Department of Human Services.
16  (a-35) The Secretary of State shall issue a limited-term
17  Illinois Identification Card valid for 90 days to a person
18  upon conditional release or absolute discharge from the
19  custody of the Department of Human Services, if the person is
20  unable to present a certified copy of his or her birth
21  certificate and social security card, if the person has one,
22  or other documents authorized by the Secretary, but does
23  present a Secretary of State prescribed verification form
24  completed by the Department of Human Services, verifying the
25  person's date of birth and social security number, if the
26  person has one, and a document proving his or her Illinois

 

 

  HB3882 - 19 - LRB103 26790 MXP 53153 b


HB3882- 20 -LRB103 26790 MXP 53153 b   HB3882 - 20 - LRB103 26790 MXP 53153 b
  HB3882 - 20 - LRB103 26790 MXP 53153 b
1  residence address. The verification form must have been
2  completed no more than 30 days prior to the date of application
3  for the Illinois Identification Card. The Secretary of State
4  shall issue a limited-term Illinois Identification Card to a
5  person no sooner than 14 days prior to his or her conditional
6  release or absolute discharge if personnel from the Department
7  of Human Services bring the person to a Secretary of State
8  location with the required documents. Documents proving
9  residence address shall include any official document of the
10  Department of Human Services showing the person's address
11  after release and a Secretary of State prescribed verification
12  form, which may be executed by personnel of the Department of
13  Human Services.
14  (b) The Secretary of State shall issue a special Illinois
15  Identification Card, which shall be known as an Illinois
16  Person with a Disability Identification Card, to any natural
17  person who is a resident of the State of Illinois, who is a
18  person with a disability as defined in Section 4A of this Act,
19  who applies for such card, or renewal thereof. No Illinois
20  Person with a Disability Identification Card shall be issued
21  to any person who holds a valid foreign state identification
22  card, license, or permit unless the person first surrenders to
23  the Secretary of State the valid foreign state identification
24  card, license, or permit. The Secretary of State shall charge
25  no fee to issue such card. The card shall be prepared and
26  supplied by the Secretary of State, and shall include a

 

 

  HB3882 - 20 - LRB103 26790 MXP 53153 b


HB3882- 21 -LRB103 26790 MXP 53153 b   HB3882 - 21 - LRB103 26790 MXP 53153 b
  HB3882 - 21 - LRB103 26790 MXP 53153 b
1  photograph and signature or mark of the applicant, a
2  designation indicating that the card is an Illinois Person
3  with a Disability Identification Card, and shall include a
4  comprehensible designation of the type and classification of
5  the applicant's disability as set out in Section 4A of this
6  Act. However, the Secretary of State may provide by rule for
7  the issuance of Illinois Person with a Disability
8  Identification Cards without photographs if the applicant has
9  a bona fide religious objection to being photographed or to
10  the display of his or her photograph. If the applicant so
11  requests, the card shall include a description of the
12  applicant's disability and any information about the
13  applicant's disability or medical history which the Secretary
14  determines would be helpful to the applicant in securing
15  emergency medical care. If a mark is used in lieu of a
16  signature, such mark shall be affixed to the card in the
17  presence of two witnesses who attest to the authenticity of
18  the mark. The Illinois Person with a Disability Identification
19  Card may be used for identification purposes in any lawful
20  situation by the person to whom it was issued.
21  The Illinois Person with a Disability Identification Card
22  may be used as adequate documentation of disability in lieu of
23  a physician's determination of disability, a determination of
24  disability from a physician assistant, a determination of
25  disability from an advanced practice registered nurse, or any
26  other documentation of disability whenever any State law

 

 

  HB3882 - 21 - LRB103 26790 MXP 53153 b


HB3882- 22 -LRB103 26790 MXP 53153 b   HB3882 - 22 - LRB103 26790 MXP 53153 b
  HB3882 - 22 - LRB103 26790 MXP 53153 b
1  requires that a person with a disability provide such
2  documentation of disability, however an Illinois Person with a
3  Disability Identification Card shall not qualify the
4  cardholder to participate in any program or to receive any
5  benefit which is not available to all persons with like
6  disabilities. Notwithstanding any other provisions of law, an
7  Illinois Person with a Disability Identification Card, or
8  evidence that the Secretary of State has issued an Illinois
9  Person with a Disability Identification Card, shall not be
10  used by any person other than the person named on such card to
11  prove that the person named on such card is a person with a
12  disability or for any other purpose unless the card is used for
13  the benefit of the person named on such card, and the person
14  named on such card consents to such use at the time the card is
15  so used.
16  An optometrist's determination of a visual disability
17  under Section 4A of this Act is acceptable as documentation
18  for the purpose of issuing an Illinois Person with a
19  Disability Identification Card.
20  When medical information is contained on an Illinois
21  Person with a Disability Identification Card, the Office of
22  the Secretary of State shall not be liable for any actions
23  taken based upon that medical information.
24  (c) The Secretary of State shall provide that each
25  original or renewal Illinois Identification Card or Illinois
26  Person with a Disability Identification Card issued to a

 

 

  HB3882 - 22 - LRB103 26790 MXP 53153 b


HB3882- 23 -LRB103 26790 MXP 53153 b   HB3882 - 23 - LRB103 26790 MXP 53153 b
  HB3882 - 23 - LRB103 26790 MXP 53153 b
1  person under the age of 21 shall be of a distinct nature from
2  those Illinois Identification Cards or Illinois Person with a
3  Disability Identification Cards issued to individuals 21 years
4  of age or older. The color designated for Illinois
5  Identification Cards or Illinois Person with a Disability
6  Identification Cards for persons under the age of 21 shall be
7  at the discretion of the Secretary of State.
8  (c-1) Each original or renewal Illinois Identification
9  Card or Illinois Person with a Disability Identification Card
10  issued to a person under the age of 21 shall display the date
11  upon which the person becomes 18 years of age and the date upon
12  which the person becomes 21 years of age.
13  (c-3) The General Assembly recognizes the need to identify
14  military veterans living in this State for the purpose of
15  ensuring that they receive all of the services and benefits to
16  which they are legally entitled, including healthcare,
17  education assistance, and job placement. To assist the State
18  in identifying these veterans and delivering these vital
19  services and benefits, the Secretary of State is authorized to
20  issue Illinois Identification Cards and Illinois Person with a
21  Disability Identification Cards with the word "veteran"
22  appearing on the face of the cards. This authorization is
23  predicated on the unique status of veterans. The Secretary may
24  not issue any other identification card which identifies an
25  occupation, status, affiliation, hobby, or other unique
26  characteristics of the identification card holder which is

 

 

  HB3882 - 23 - LRB103 26790 MXP 53153 b


HB3882- 24 -LRB103 26790 MXP 53153 b   HB3882 - 24 - LRB103 26790 MXP 53153 b
  HB3882 - 24 - LRB103 26790 MXP 53153 b
1  unrelated to the purpose of the identification card.
2  (c-5) Beginning on or before July 1, 2015, the Secretary
3  of State shall designate a space on each original or renewal
4  identification card where, at the request of the applicant,
5  the word "veteran" shall be placed. The veteran designation
6  shall be available to a person identified as a veteran under
7  subsection (b) of Section 5 of this Act who was discharged or
8  separated under honorable conditions.
9  (d) The Secretary of State may issue a Senior Citizen
10  discount card, to any natural person who is a resident of the
11  State of Illinois who is 60 years of age or older and who
12  applies for such a card or renewal thereof. The Secretary of
13  State shall charge no fee to issue such card. The card shall be
14  issued in every county and applications shall be made
15  available at, but not limited to, nutrition sites, senior
16  citizen centers and Area Agencies on Aging. The applicant,
17  upon receipt of such card and prior to its use for any purpose,
18  shall have affixed thereon in the space provided therefor his
19  signature or mark.
20  (e) The Secretary of State, in his or her discretion, may
21  designate on each Illinois Identification Card or Illinois
22  Person with a Disability Identification Card a space where the
23  card holder may place a sticker or decal, issued by the
24  Secretary of State, of uniform size as the Secretary may
25  specify, that shall indicate in appropriate language that the
26  card holder has renewed his or her Illinois Identification

 

 

  HB3882 - 24 - LRB103 26790 MXP 53153 b


HB3882- 25 -LRB103 26790 MXP 53153 b   HB3882 - 25 - LRB103 26790 MXP 53153 b
  HB3882 - 25 - LRB103 26790 MXP 53153 b
1  Card or Illinois Person with a Disability Identification Card.
2  (Source: P.A. 102-299, eff. 8-6-21.)
3  (15 ILCS 335/4D)
4  Sec. 4D. Issuance of confidential identification cards.
5  (a) Requirements for use of confidential identification
6  cards. Confidential identification cards may be issued to
7  local, state, and federal government agencies for bona fide
8  law enforcement purposes. The identification cards may be
9  issued in fictitious names and addresses, and may be used only
10  in confidential, investigative, or undercover law enforcement
11  operations. Confidential identification cards may be issued as
12  REAL ID compliant or standard non-compliant identification
13  cards.
14  (b) Application procedures for confidential identification
15  cards:
16  (1) Applications by local, state, and federal
17  government agencies for confidential identification cards
18  must be made to the Secretary of State Police Department
19  on a form and in a manner prescribed by the Secretary of
20  State Police Department.
21  (2) The application form must include information, as
22  specific as possible without compromising investigations
23  or techniques, setting forth the need for the
24  identification cards and the uses to which the
25  identification cards will be limited.

 

 

  HB3882 - 25 - LRB103 26790 MXP 53153 b


HB3882- 26 -LRB103 26790 MXP 53153 b   HB3882 - 26 - LRB103 26790 MXP 53153 b
  HB3882 - 26 - LRB103 26790 MXP 53153 b
1  (3) The application form must be signed and verified
2  by the local, state, or federal government agency head or
3  designee.
4  (4) Information maintained by the Secretary of State
5  Police Department for confidential identification cards
6  must show the fictitious names and addresses on all
7  records subject to public disclosure. All other
8  information concerning these confidential identification
9  cards are exempt from disclosure unless the disclosure is
10  ordered by a court of competent jurisdiction.
11  (c) Cancellation procedures for confidential
12  identification cards:
13  (1) The Secretary of State Police Department may
14  cancel or refuse to renew confidential identification
15  cards when they have reasonable cause to believe the cards
16  are being used for purposes other than those set forth in
17  the application form or authorized by this Section.
18  (2) A government agency must request cancellation of
19  confidential identification cards that are no longer
20  required for the purposes for which they were issued.
21  (3) Upon the request of the Secretary of State Police
22  Department, all cancelled confidential identification
23  cards must be promptly returned to the Secretary of State
24  Police Department by the government agency to which they
25  were issued.
26  (Source: P.A. 100-248, eff. 8-22-17.)

 

 

  HB3882 - 26 - LRB103 26790 MXP 53153 b


HB3882- 27 -LRB103 26790 MXP 53153 b   HB3882 - 27 - LRB103 26790 MXP 53153 b
  HB3882 - 27 - LRB103 26790 MXP 53153 b
1  (15 ILCS 335/5) (from Ch. 124, par. 25)
2  Sec. 5. Applications.
3  (a) Any natural person who is a resident of the State of
4  Illinois may file an application for an identification card,
5  or for the renewal thereof, in a manner prescribed by the
6  Secretary. Each original application shall be completed by the
7  applicant in full and shall set forth the legal name,
8  residence address and zip code, social security number, if the
9  person has one, birth date, sex and a brief description of the
10  applicant. The applicant shall be photographed, unless the
11  Secretary of State has provided by rule for the issuance of
12  identification cards without photographs and the applicant is
13  deemed eligible for an identification card without a
14  photograph under the terms and conditions imposed by the
15  Secretary of State, and he or she shall also submit any other
16  information as the Secretary may deem necessary or such
17  documentation as the Secretary may require to determine the
18  identity of the applicant. In addition to the residence
19  address, the Secretary may allow the applicant to provide a
20  mailing address. If the applicant is a judicial officer as
21  defined in Section 1-10 of the Judicial Privacy Act or a peace
22  officer, the applicant may elect to have his or her office or
23  work address in lieu of the applicant's residence or mailing
24  address. An applicant for an Illinois Person with a Disability
25  Identification Card must also submit with each original or

 

 

  HB3882 - 27 - LRB103 26790 MXP 53153 b


HB3882- 28 -LRB103 26790 MXP 53153 b   HB3882 - 28 - LRB103 26790 MXP 53153 b
  HB3882 - 28 - LRB103 26790 MXP 53153 b
1  renewal application, on forms prescribed by the Secretary,
2  such documentation as the Secretary may require, establishing
3  that the applicant is a "person with a disability" as defined
4  in Section 4A of this Act, and setting forth the applicant's
5  type and class of disability as set forth in Section 4A of this
6  Act. For the purposes of this subsection (a), "peace officer"
7  means any person who by virtue of his or her office or public
8  employment is vested by law with a duty to maintain public
9  order or to make arrests for a violation of any penal statute
10  of this State, whether that duty extends to all violations or
11  is limited to specific violations.
12  (a-5) Upon the first issuance of a request for proposals
13  for a digital driver's license and identification card
14  issuance and facial recognition system issued after January 1,
15  2020 (the effective date of Public Act 101-513), and upon
16  implementation of a new or revised system procured pursuant to
17  that request for proposals, the Secretary shall permit
18  applicants to choose between "male", "female", or "non-binary"
19  when designating the applicant's sex on the identification
20  card application form. The sex designated by the applicant
21  shall be displayed on the identification card issued to the
22  applicant.
23  (b) Beginning on or before July 1, 2015, for each original
24  or renewal identification card application under this Act, the
25  Secretary shall inquire as to whether the applicant is a
26  veteran for purposes of issuing an identification card with a

 

 

  HB3882 - 28 - LRB103 26790 MXP 53153 b


HB3882- 29 -LRB103 26790 MXP 53153 b   HB3882 - 29 - LRB103 26790 MXP 53153 b
  HB3882 - 29 - LRB103 26790 MXP 53153 b
1  veteran designation under subsection (c-5) of Section 4 of
2  this Act. The acceptable forms of proof shall include, but are
3  not limited to, Department of Defense form DD-214, Department
4  of Defense form DD-256 for applicants who did not receive a
5  form DD-214 upon the completion of initial basic training,
6  Department of Defense form DD-2 (Retired), an identification
7  card issued under the federal Veterans Identification Card Act
8  of 2015, or a United States Department of Veterans Affairs
9  summary of benefits letter. If the document cannot be stamped,
10  the Illinois Department of Veterans' Affairs shall provide a
11  certificate to the veteran to provide to the Secretary of
12  State. The Illinois Department of Veterans' Affairs shall
13  advise the Secretary as to what other forms of proof of a
14  person's status as a veteran are acceptable.
15  For each applicant who is issued an identification card
16  with a veteran designation, the Secretary shall provide the
17  Department of Veterans' Affairs with the applicant's name,
18  address, date of birth, gender, and such other demographic
19  information as agreed to by the Secretary and the Department.
20  The Department may take steps necessary to confirm the
21  applicant is a veteran. If after due diligence, including
22  writing to the applicant at the address provided by the
23  Secretary, the Department is unable to verify the applicant's
24  veteran status, the Department shall inform the Secretary, who
25  shall notify the applicant that he or she must confirm status
26  as a veteran, or the identification card will be cancelled.

 

 

  HB3882 - 29 - LRB103 26790 MXP 53153 b


HB3882- 30 -LRB103 26790 MXP 53153 b   HB3882 - 30 - LRB103 26790 MXP 53153 b
  HB3882 - 30 - LRB103 26790 MXP 53153 b
1  For purposes of this subsection (b):
2  "Armed forces" means any of the Armed Forces of the United
3  States, including a member of any reserve component or
4  National Guard unit.
5  "Veteran" means a person who has served in the armed
6  forces and was discharged or separated under honorable
7  conditions.
8  (c) All applicants for REAL ID compliant standard Illinois
9  Identification Cards and Illinois Person with a Disability
10  Identification Cards shall provide proof of lawful status in
11  the United States as defined in 6 CFR 37.3, as amended.
12  Applicants who are unable to provide the Secretary with proof
13  of lawful status are ineligible for REAL ID compliant
14  identification cards under this Act.
15  (d) The Secretary of State may accept, as proof of date of
16  birth and written signature for any applicant for a standard
17  identification card, any passport validly issued to the
18  applicant from the applicant's country of citizenship or a
19  consular identification document validly issued to the
20  applicant by a consulate of that country as defined in Section
21  5 of the Consular Identification Document Act.
22  (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
23  101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
24  (15 ILCS 335/8) (from Ch. 124, par. 28)
25  Sec. 8. Expiration.

 

 

  HB3882 - 30 - LRB103 26790 MXP 53153 b


HB3882- 31 -LRB103 26790 MXP 53153 b   HB3882 - 31 - LRB103 26790 MXP 53153 b
  HB3882 - 31 - LRB103 26790 MXP 53153 b
1  (a) Except as otherwise provided in this Section:
2  (1) Every identification card issued hereunder, except
3  to persons who have reached their 15th birthday, but are
4  not yet 21 years of age, persons who are 65 years of age or
5  older, and persons who are issued an Illinois Person with
6  a Disability Identification Card, shall expire 5 years
7  from the ensuing birthday of the applicant and a renewal
8  shall expire 5 years thereafter.
9  (2) Every original or renewal identification card
10  issued to a person who has reached his or her 15th
11  birthday, but is not yet 21 years of age shall expire 3
12  months after the person's 21st birthday.
13  (b) Except as provided elsewhere in this Section, every
14  original, renewal, or duplicate: (i) non-REAL ID
15  identification card issued to a person who has reached his or
16  her 65th birthday shall be permanent and need not be renewed;
17  (ii) REAL ID compliant identification card issued on or after
18  July 1, 2017, to a person who has reached his or her 65th
19  birthday shall expire 8 years thereafter; (iii) non-REAL ID
20  Illinois Person with a Disability Identification Card issued
21  to a qualifying person shall expire 10 years thereafter; and
22  (iv) REAL ID compliant Illinois Person with a Disability
23  Identification Card issued on or after July 1, 2017, shall
24  expire 8 years thereafter. The Secretary of State shall
25  promulgate rules setting forth the conditions and criteria for
26  the renewal of all Illinois Person with a Disability

 

 

  HB3882 - 31 - LRB103 26790 MXP 53153 b


HB3882- 32 -LRB103 26790 MXP 53153 b   HB3882 - 32 - LRB103 26790 MXP 53153 b
  HB3882 - 32 - LRB103 26790 MXP 53153 b
1  Identification Cards.
2  (c) Every REAL ID compliant identification card or REAL ID
3  compliant Illinois Person with a Disability Identification
4  Card issued under this Act to an applicant who is not a United
5  States citizen or permanent resident, or an individual who has
6  an approved application for asylum in the United States or has
7  entered the United States in refugee status, shall be marked
8  "Limited Term" and shall expire on whichever is the earlier
9  date of the following:
10  (1) as provided under subsection (a) or (b) of this
11  Section;
12  (2) on the date the applicant's authorized stay in the
13  United States terminates; or
14  (3) if the applicant's authorized stay is indefinite
15  and the applicant is applying for a Limited Term REAL ID
16  compliant identification card, one year from the date of
17  issuance of the card.
18  (d) (Blank). Every REAL ID compliant identification card
19  or REAL ID compliant Person with a Disability Identification
20  Card issued under this Act to an applicant who is not a United
21  States citizen or permanent resident, or an individual who has
22  an approved application for asylum in the United States or has
23  entered the United States in refugee status, shall be marked
24  "Limited Term".
25  (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)

 

 

  HB3882 - 32 - LRB103 26790 MXP 53153 b


HB3882- 33 -LRB103 26790 MXP 53153 b   HB3882 - 33 - LRB103 26790 MXP 53153 b
  HB3882 - 33 - LRB103 26790 MXP 53153 b
1  (15 ILCS 335/11) (from Ch. 124, par. 31)
2  Sec. 11. Records.
3  (a) The Secretary may make a search of his records and
4  furnish information as to whether a person has a current
5  Standard Illinois Identification Card or an Illinois Person
6  with a Disability Identification Card then on file, upon
7  receipt of a written application therefor accompanied with the
8  prescribed fee. However, the Secretary may not disclose
9  medical information concerning an individual to any person,
10  public agency, private agency, corporation or governmental
11  body unless the individual has submitted a written request for
12  the information or unless the individual has given prior
13  written consent for the release of the information to a
14  specific person or entity. This exception shall not apply to:
15  (1) offices and employees of the Secretary who have a need to
16  know the medical information in performance of their official
17  duties, or (2) orders of a court of competent jurisdiction.
18  When medical information is disclosed by the Secretary in
19  accordance with the provisions of this Section, no liability
20  shall rest with the Office of the Secretary of State as the
21  information is released for informational purposes only.
22  (b) Except as otherwise provided in this Section, the
23  Secretary may release personally identifying information only
24  to:
25  (1) officers and employees of the Secretary who have a
26  need to know that information for issuance of driver's

 

 

  HB3882 - 33 - LRB103 26790 MXP 53153 b


HB3882- 34 -LRB103 26790 MXP 53153 b   HB3882 - 34 - LRB103 26790 MXP 53153 b
  HB3882 - 34 - LRB103 26790 MXP 53153 b
1  licenses, permits, or identification cards and
2  investigation of fraud or misconduct;
3  (2) other governmental agencies for use in their
4  official governmental functions;
5  (3) law enforcement agencies for a criminal or civil
6  investigation, except as restricted by subsections (g) and
7  (h);
8  (3-5) the State Board of Elections as may be required
9  by an agreement the State Board of Elections has entered
10  into with a multi-state voter registration list
11  maintenance system; or
12  (4) any entity that the Secretary has authorized, by
13  rule.
14  (c) Except as otherwise provided in this Section, the
15  Secretary may release highly restricted personal information
16  only to:
17  (1) officers and employees of the Secretary who have a
18  need to access the information for the issuance of
19  driver's licenses, permits, or identification cards and
20  investigation of fraud or misconduct;
21  (2) law enforcement officials for a criminal or civil
22  law enforcement investigation, except as restricted by
23  subsections (g) and (h);
24  (3) the State Board of Elections for the purpose of
25  providing the signature for completion of voter
26  registration; or

 

 

  HB3882 - 34 - LRB103 26790 MXP 53153 b


HB3882- 35 -LRB103 26790 MXP 53153 b   HB3882 - 35 - LRB103 26790 MXP 53153 b
  HB3882 - 35 - LRB103 26790 MXP 53153 b
1  (4) any other entity the Secretary has authorized by
2  rule.
3  (d) Documents required to be submitted with an application
4  for an identification card to prove the applicant's identity
5  (name and date of birth), social security number or lack of a
6  social security number, written signature, residency, and, as
7  applicable, citizenship and immigration proof of lawful status
8  and country of citizenship shall be confidential and shall not
9  be disclosed except to the following persons:
10  (1) the individual to whom the identification card was
11  issued, upon written request;
12  (2) officers and employees of the Secretary of State
13  who have a need to have access to the stored images for
14  purposes of issuing and controlling driver's licenses,
15  permits, or identification cards and investigation of
16  fraud or misconduct;
17  (3) law enforcement officials for a civil or criminal
18  law enforcement investigation, except as restricted by
19  subsections (g) and (h);
20  (4) other entities that the Secretary may authorize by
21  rule.
22  (e) The Secretary may not disclose an individual's social
23  security number or any associated information obtained from
24  the Social Security Administration without the written request
25  or consent of the individual except: (i) to officers and
26  employees of the Secretary who have a need to know the social

 

 

  HB3882 - 35 - LRB103 26790 MXP 53153 b


HB3882- 36 -LRB103 26790 MXP 53153 b   HB3882 - 36 - LRB103 26790 MXP 53153 b
  HB3882 - 36 - LRB103 26790 MXP 53153 b
1  security number in the performance of their official duties;
2  (ii) except as restricted by subsections (g) and (h) to law
3  enforcement officials for a civil or criminal law enforcement
4  investigation if an officer of the law enforcement agency has
5  made a written request to the Secretary specifying the law
6  enforcement investigation for which the social security number
7  is being sought; (iii) under a lawful court order signed by a
8  judge; (iv) to the Illinois Department of Veterans' Affairs
9  for the purpose of confirming veteran status to agencies in
10  other states responsible for the issuance of state
11  identification cards for participation in State-to-State
12  verification service; or (v) the last 4 digits to the Illinois
13  State Board of Elections for purposes of voter registration
14  and as may be required pursuant to an agreement for a
15  multi-state voter registration list maintenance system. The
16  Secretary retains the right to require additional verification
17  regarding the validity of a request from law enforcement. If
18  social security information is disclosed by the Secretary in
19  accordance with this Section, no liability shall rest with the
20  Office of the Secretary of State or any of its officers or
21  employees, as the information is released for official
22  purposes only.
23  (f) The Secretary of State shall not provide facial
24  recognition search services or photographs obtained in the
25  process of issuing an identification card to any federal,
26  State, or local law enforcement agency or other governmental

 

 

  HB3882 - 36 - LRB103 26790 MXP 53153 b


HB3882- 37 -LRB103 26790 MXP 53153 b   HB3882 - 37 - LRB103 26790 MXP 53153 b
  HB3882 - 37 - LRB103 26790 MXP 53153 b
1  entity for the purpose of enforcing federal immigration laws.
2  This subsection shall not apply to requests from federal,
3  State, or local law enforcement agencies or other governmental
4  entities for facial recognition search services or photographs
5  obtained in the process of issuing a driver's license or
6  permit when the purpose of the request relates to criminal
7  activity other than violations of immigration laws.
8  (g) Notwithstanding any other provision of law, the
9  Secretary may not release highly restricted personal
10  information or personally identifying information or disclose
11  documents described in subsection (d) to any immigration
12  agent, as defined in Section 10 of the Illinois TRUST Act,
13  unless necessary to comply with the following:
14  (1) a lawful court order;
15  (2) a judicial warrant signed by a judge appointed
16  pursuant to Article III of the Constitution of the United
17  States; or
18  (3) a subpoena for individual records issued by a
19  federal or State court that specifically requires
20  production of such information or documents.
21  When responding to such a court order, warrant, or
22  subpoena, the Secretary shall disclose only those documents or
23  information specifically requested. Within 3 business days of
24  receiving such a court order, warrant, or subpoena, the
25  Secretary shall send a notification to the individual about
26  whom such information was requested that a court order,

 

 

  HB3882 - 37 - LRB103 26790 MXP 53153 b


HB3882- 38 -LRB103 26790 MXP 53153 b   HB3882 - 38 - LRB103 26790 MXP 53153 b
  HB3882 - 38 - LRB103 26790 MXP 53153 b
1  warrant, or subpoena was received and the identity of the
2  entity that presented the court order, warrant, or subpoena.
3  (h) The Secretary shall not enter into or maintain any
4  agreement regarding the sharing of any highly restricted
5  personal information or personally identifying information or
6  documents described in subsection (d) unless all other parties
7  to such agreement certify that the information obtained will
8  not be used for civil immigration purposes or knowingly
9  disseminated to any third party for any purpose related to
10  civil immigration enforcement.
11  (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
12  Section 20. The Illinois Vehicle Code is amended by
13  changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
14  6-110.2, 6-115, 6-121, and 6-122 and by adding Section 6-110.3
15  as follows:
16  (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
17  Sec. 6-100. Definitions. For the purposes of this Chapter,
18  the following words shall have the meanings ascribed to them:
19  (a) Application Process. The process of obtaining a
20  driver's license, identification card, or permit. The process
21  begins when a person enters a Secretary of State Driver
22  Services facility and requests a driver's license,
23  identification card or permit.
24  (b) Conviction. A final adjudication of guilty by a court

 

 

  HB3882 - 38 - LRB103 26790 MXP 53153 b


HB3882- 39 -LRB103 26790 MXP 53153 b   HB3882 - 39 - LRB103 26790 MXP 53153 b
  HB3882 - 39 - LRB103 26790 MXP 53153 b
1  of competent jurisdiction either after a bench trial, trial by
2  jury, plea of guilty, order of forfeiture, or default.
3  (c) Identification Card. A document made or issued by or
4  under the authority of the United States Government, the State
5  of Illinois or any other state or political subdivision
6  thereof, or any governmental or quasi-governmental
7  organization that, when completed with information concerning
8  the individual, is of a type intended or commonly accepted for
9  the purpose of identifying the individual.
10  (d) Standard Non-compliant driver's license. A driver's
11  license issued in a manner which is not compliant with the REAL
12  ID Act and implementing regulations. Standard Non-compliant
13  driver's licenses shall be marked "Federal Limits Apply" "Not
14  for Federal Identification" and shall have a color or design
15  different from the REAL ID compliant driver's license.
16  (e) REAL ID compliant driver's license. A driver's license
17  issued in compliance with the REAL ID Act and implementing
18  regulations. REAL ID compliant driver's licenses shall bear a
19  security marking approved by the United States Department of
20  Homeland Security.
21  (f) Limited Term REAL ID compliant driver's license. A
22  REAL ID compliant driver's license issued in compliance with
23  subsection (a-5) of Section 6-115 to a person who is not a
24  permanent resident or citizen of the United States, and marked
25  "Limited Term" on the face of the license.
26  (Source: P.A. 100-248, eff. 8-22-17.)

 

 

  HB3882 - 39 - LRB103 26790 MXP 53153 b


HB3882- 40 -LRB103 26790 MXP 53153 b   HB3882 - 40 - LRB103 26790 MXP 53153 b
  HB3882 - 40 - LRB103 26790 MXP 53153 b
1  (625 ILCS 5/6-100.5)
2  Sec. 6-100.5. Issuance of REAL ID compliant and standard
3  non-compliant driver's licenses. The Secretary of State may
4  issue both REAL ID compliant driver's licenses and standard
5  non-compliant driver's licenses, and may permit applicants to
6  designate which type of driver's license they wish to receive.
7  All provisions of this Code applicable to standard
8  non-compliant driver's licenses shall also apply to REAL ID
9  compliant driver's licenses, except where the provisions are
10  inconsistent with the REAL ID Act and implementing
11  regulations. The Secretary shall establish by rule the date on
12  which issuance of REAL ID compliant driver's licenses will
13  begin.
14  (Source: P.A. 100-248, eff. 8-22-17.)
15  (625 ILCS 5/6-105.1)
16  Sec. 6-105.1. Temporary visitor's driver's license.
17  (a) The Secretary of State may issue a temporary visitor's
18  driver's license to a foreign national who (i) resides in this
19  State, (ii) is ineligible to obtain a social security number,
20  and (iii) presents to the Secretary documentation, issued by
21  United States Citizenship and Immigration Services,
22  authorizing the person's presence in this country.
23  (a-5) The Secretary of State may issue a temporary
24  visitor's driver's license to an applicant who (i) has resided

 

 

  HB3882 - 40 - LRB103 26790 MXP 53153 b


HB3882- 41 -LRB103 26790 MXP 53153 b   HB3882 - 41 - LRB103 26790 MXP 53153 b
  HB3882 - 41 - LRB103 26790 MXP 53153 b
1  in this State for a period in excess of one year, (ii) is
2  ineligible to obtain a social security number, and (iii) is
3  unable to present documentation issued by the United States
4  Citizenship and Immigration Services authorizing the person's
5  presence in this country. The applicant shall submit a valid
6  unexpired passport from the applicant's country of citizenship
7  or a valid unexpired consular identification document issued
8  by a consulate of that country as defined in Section 5 of the
9  Consular Identification Document Act (5 ILCS 230/5).
10  (a-10) Applicants for a temporary visitor's driver's
11  license who are under 18 years of age at the time of
12  application shall be subject to the provisions of Sections
13  6-107 and 6-108 of this Code.
14  (b) A temporary visitor's driver's license issued under
15  subsection (a) is valid for 3 years, or for the period of time
16  the individual is authorized to remain in this country,
17  whichever ends sooner. A temporary visitor's driver's license
18  issued under subsection (a-5) shall be valid for a period of 3
19  years.
20  (b-5) A temporary visitor's driver's license issued under
21  this Section may not be accepted for proof of the holder's
22  identity. A temporary visitor's driver's license issued under
23  this Section shall contain a notice on its face, in
24  capitalized letters, stating that the temporary visitor's
25  driver's license may not be accepted for proof of identity.
26  (c) The Secretary shall adopt rules for implementing this

 

 

  HB3882 - 41 - LRB103 26790 MXP 53153 b


HB3882- 42 -LRB103 26790 MXP 53153 b   HB3882 - 42 - LRB103 26790 MXP 53153 b
  HB3882 - 42 - LRB103 26790 MXP 53153 b
1  Section, including rules:
2  (1) regarding the design and content of the temporary
3  visitor's driver's license;
4  (2) establishing criteria for proof of identification
5  and residency of an individual applying under subsection
6  (a-5);
7  (3) designating acceptable evidence that an applicant
8  is not eligible for a social security number; and
9  (4) regarding the issuance of temporary visitor's
10  instruction permits.
11  (d) Any person to whom the Secretary of State may issue a
12  temporary visitor's driver's license shall be subject to any
13  and all provisions of this Code and any and all implementing
14  regulations issued by the Secretary of State to the same
15  extent as any person issued a driver's license, unless
16  otherwise provided in this Code or by administrative rule,
17  including but not limited to the examination requirements in
18  Section 6-109 as well as the mandatory insurance requirements
19  and penalties set forth in Article VI of Chapter 7 of this
20  Code.
21  (d-5) A temporary visitor's driver's license is invalid if
22  the holder is unable to provide proof of liability insurance
23  as required by Section 7-601 of this Code upon the request of a
24  law enforcement officer, in which case the holder commits a
25  violation of Section 6-101 of this Code.
26  (e) Temporary visitor's driver's licenses shall be issued

 

 

  HB3882 - 42 - LRB103 26790 MXP 53153 b


HB3882- 43 -LRB103 26790 MXP 53153 b   HB3882 - 43 - LRB103 26790 MXP 53153 b
  HB3882 - 43 - LRB103 26790 MXP 53153 b
1  from a central location after the Secretary of State has
2  verified the information provided by the applicant.
3  (f) There is created in the State treasury a special fund
4  to be known as the Driver Services Administration Fund. All
5  fees collected for the issuance of temporary visitor's
6  driver's licenses shall be deposited into the Fund. These
7  funds shall, subject to appropriation, be used by the Office
8  of the Secretary of State for costs related to the issuance of
9  temporary visitor's driver's licenses, and other operational
10  costs, including personnel, facilities, computer programming,
11  and data transmission.
12  (g) No temporary visitor's driver's licenses shall be
13  issued after the effective date of this amendatory Act of the
14  103rd General Assembly.
15  (Source: P.A. 97-1157, eff. 11-28-13.)
16  (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
17  Sec. 6-106. Application for license or instruction permit.
18  (a) Every application for any permit or license authorized
19  to be issued under this Code shall be made upon a form
20  furnished by the Secretary of State. Every application shall
21  be accompanied by the proper fee and payment of such fee shall
22  entitle the applicant to not more than 3 attempts to pass the
23  examination within a period of one year after the date of
24  application.
25  (b) Every application shall state the legal name, social

 

 

  HB3882 - 43 - LRB103 26790 MXP 53153 b


HB3882- 44 -LRB103 26790 MXP 53153 b   HB3882 - 44 - LRB103 26790 MXP 53153 b
  HB3882 - 44 - LRB103 26790 MXP 53153 b
1  security number, zip code, date of birth, sex, and residence
2  address of the applicant; briefly describe the applicant;
3  state whether the applicant has theretofore been licensed as a
4  driver, and, if so, when and by what state or country, and
5  whether any such license has ever been cancelled, suspended,
6  revoked or refused, and, if so, the date and reason for such
7  cancellation, suspension, revocation or refusal; shall include
8  an affirmation by the applicant that all information set forth
9  is true and correct; and shall bear the applicant's signature.
10  In addition to the residence address, the Secretary may allow
11  the applicant to provide a mailing address. In the case of an
12  applicant who is a judicial officer or peace officer, the
13  Secretary may allow the applicant to provide an office or work
14  address in lieu of a residence or mailing address. The
15  application form may also require the statement of such
16  additional relevant information as the Secretary of State
17  shall deem necessary to determine the applicant's competency
18  and eligibility. The Secretary of State may, in his
19  discretion, by rule or regulation, provide that an application
20  for a drivers license or permit may include a suitable
21  photograph of the applicant in the form prescribed by the
22  Secretary, and he may further provide that each drivers
23  license shall include a photograph of the driver. The
24  Secretary of State may utilize a photograph process or system
25  most suitable to deter alteration or improper reproduction of
26  a drivers license and to prevent substitution of another photo

 

 

  HB3882 - 44 - LRB103 26790 MXP 53153 b


HB3882- 45 -LRB103 26790 MXP 53153 b   HB3882 - 45 - LRB103 26790 MXP 53153 b
  HB3882 - 45 - LRB103 26790 MXP 53153 b
1  thereon. For the purposes of this subsection (b), "peace
2  officer" means any person who by virtue of his or her office or
3  public employment is vested by law with a duty to maintain
4  public order or to make arrests for a violation of any penal
5  statute of this State, whether that duty extends to all
6  violations or is limited to specific violations.
7  (b-1) Every application shall state the social security
8  number of the applicant; except if the applicant is applying
9  for a standard driver's license and is ineligible for a social
10  security number, then:
11  (1) if the applicant has documentation, issued by the
12  United States Department of Homeland Security, authorizing
13  the applicant's presence in this country, the applicant
14  shall provide such documentation instead of a social
15  security number; and
16  (2) if the applicant does not have documentation
17  described in paragraph (1), the applicant shall provide,
18  instead of a social security number, the following:
19  (A) documentation establishing that the applicant
20  has resided in this State for a period in excess of one
21  year; and
22  (B) a passport validly issued to the applicant
23  from the applicant's country of citizenship or a
24  consular identification document validly issued to the
25  applicant by a consulate of that country as defined in
26  Section 5 of the Consular Identification Document Act.

 

 

  HB3882 - 45 - LRB103 26790 MXP 53153 b


HB3882- 46 -LRB103 26790 MXP 53153 b   HB3882 - 46 - LRB103 26790 MXP 53153 b
  HB3882 - 46 - LRB103 26790 MXP 53153 b
1  (b-3) Upon the first issuance of a request for proposals
2  for a digital driver's license and identification card
3  issuance and facial recognition system issued after January 1,
4  2020 (the effective date of Public Act 101-513), and upon
5  implementation of a new or revised system procured pursuant to
6  that request for proposals, the Secretary shall permit
7  applicants to choose between "male", "female" or "non-binary"
8  when designating the applicant's sex on the driver's license
9  application form. The sex designated by the applicant shall be
10  displayed on the driver's license issued to the applicant.
11  (b-5) Every applicant for a REAL ID compliant driver's
12  license or permit shall provide proof of lawful status in the
13  United States as defined in 6 CFR 37.3, as amended. Applicants
14  who are unable to provide the Secretary with proof of lawful
15  status may apply for a driver's license or permit under
16  Section 6-105.1 of this Code.
17  (b-7) The Secretary of State may accept, as proof of date
18  of birth and written signature for any applicant for a
19  standard driver's license, any passport validly issued to the
20  applicant from the applicant's country of citizenship or a
21  consular identification document validly issued to the
22  applicant by a consulate of that country as defined in Section
23  5 of the Consular Identification Document Act.
24  (c) The application form shall include a notice to the
25  applicant of the registration obligations of sex offenders
26  under the Sex Offender Registration Act. The notice shall be

 

 

  HB3882 - 46 - LRB103 26790 MXP 53153 b


HB3882- 47 -LRB103 26790 MXP 53153 b   HB3882 - 47 - LRB103 26790 MXP 53153 b
  HB3882 - 47 - LRB103 26790 MXP 53153 b
1  provided in a form and manner prescribed by the Secretary of
2  State. For purposes of this subsection (c), "sex offender" has
3  the meaning ascribed to it in Section 2 of the Sex Offender
4  Registration Act.
5  (d) Any person applying male United States citizen or
6  immigrant who applies for any permit or license authorized to
7  be issued under this Code or for a renewal of any permit or
8  license, and who is at least 18 years of age but less than 26
9  years of age and subject to , must be registered in compliance
10  with the requirements of the federal Military Selective
11  Service Act, must be registered in compliance with those
12  requirements. The Secretary of State must forward in an
13  electronic format the necessary personal information regarding
14  the applicants identified in this subsection (d) to the
15  Selective Service System. The applicant's signature on the
16  application serves as an indication that the applicant either
17  has already registered with the Selective Service System or
18  that he is authorizing the Secretary to forward to the
19  Selective Service System the necessary information for
20  registration. The Secretary must notify the applicant at the
21  time of application that his signature constitutes consent to
22  registration with the Selective Service System, if he is not
23  already registered.
24  (e) Beginning on or before July 1, 2015, for each original
25  or renewal driver's license application under this Code, the
26  Secretary shall inquire as to whether the applicant is a

 

 

  HB3882 - 47 - LRB103 26790 MXP 53153 b


HB3882- 48 -LRB103 26790 MXP 53153 b   HB3882 - 48 - LRB103 26790 MXP 53153 b
  HB3882 - 48 - LRB103 26790 MXP 53153 b
1  veteran for purposes of issuing a driver's license with a
2  veteran designation under subsection (e-5) of Section 6-110 of
3  this Code. The acceptable forms of proof shall include, but
4  are not limited to, Department of Defense form DD-214,
5  Department of Defense form DD-256 for applicants who did not
6  receive a form DD-214 upon the completion of initial basic
7  training, Department of Defense form DD-2 (Retired), an
8  identification card issued under the federal Veterans
9  Identification Card Act of 2015, or a United States Department
10  of Veterans Affairs summary of benefits letter. If the
11  document cannot be stamped, the Illinois Department of
12  Veterans' Affairs shall provide a certificate to the veteran
13  to provide to the Secretary of State. The Illinois Department
14  of Veterans' Affairs shall advise the Secretary as to what
15  other forms of proof of a person's status as a veteran are
16  acceptable.
17  For each applicant who is issued a driver's license with a
18  veteran designation, the Secretary shall provide the
19  Department of Veterans' Affairs with the applicant's name,
20  address, date of birth, gender and such other demographic
21  information as agreed to by the Secretary and the Department.
22  The Department may take steps necessary to confirm the
23  applicant is a veteran. If after due diligence, including
24  writing to the applicant at the address provided by the
25  Secretary, the Department is unable to verify the applicant's
26  veteran status, the Department shall inform the Secretary, who

 

 

  HB3882 - 48 - LRB103 26790 MXP 53153 b


HB3882- 49 -LRB103 26790 MXP 53153 b   HB3882 - 49 - LRB103 26790 MXP 53153 b
  HB3882 - 49 - LRB103 26790 MXP 53153 b
1  shall notify the applicant that he or she must confirm status
2  as a veteran, or the driver's license will be cancelled.
3  For purposes of this subsection (e):
4  "Armed forces" means any of the Armed Forces of the United
5  States, including a member of any reserve component or
6  National Guard unit.
7  "Veteran" means a person who has served in the armed
8  forces and was discharged or separated under honorable
9  conditions.
10  (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
11  101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
12  (625 ILCS 5/6-110.1)
13  Sec. 6-110.1. Confidentiality of captured photographs or
14  images.
15  (a) The Secretary of State shall maintain a file on or
16  contract to file all photographs and signatures obtained in
17  the process of issuing a driver's license, permit, or
18  identification card. Except as otherwise provided in this
19  Section, the photographs and signatures shall be confidential
20  and shall not be disclosed except to the following persons:
21  (1) the individual to whom the driver's license or
22  permit was issued, upon written request;
23  (2) officers and employees of the Secretary of State
24  who have a need to have access to the stored images for
25  purposes of issuing and controlling driver's licenses,

 

 

  HB3882 - 49 - LRB103 26790 MXP 53153 b


HB3882- 50 -LRB103 26790 MXP 53153 b   HB3882 - 50 - LRB103 26790 MXP 53153 b
  HB3882 - 50 - LRB103 26790 MXP 53153 b
1  permits, or identification cards and investigation of
2  fraud or misconduct;
3  (3) law enforcement officials for a civil or criminal
4  law enforcement investigation, except as restricted by
5  section 6-110.3;
6  (3-5) the State Board of Elections for the sole
7  purpose of providing the signatures required by a local
8  election authority to register a voter through an online
9  voter registration system;
10  (3-10) officers and employees of the Secretary of
11  State who have a need to have access to the stored images
12  for purposes of issuing and controlling notary public
13  commissions and for the purpose of providing the
14  signatures required to process online applications for
15  appointment and commission as notaries public; or
16  (4) other entities that the Secretary may authorize by
17  rule.
18  (b) The Secretary of State shall not provide facial
19  recognition search services or photographs obtained in the
20  process of issuing a driver's license or permit to any
21  federal, State, or local law enforcement agency or other
22  governmental entity for the purpose of enforcing federal
23  immigration laws. This subsection shall not apply to requests
24  from federal, State, or local law enforcement agencies or
25  other governmental entities for facial recognition search
26  services or photographs obtained in the process of issuing a

 

 

  HB3882 - 50 - LRB103 26790 MXP 53153 b


HB3882- 51 -LRB103 26790 MXP 53153 b   HB3882 - 51 - LRB103 26790 MXP 53153 b
  HB3882 - 51 - LRB103 26790 MXP 53153 b
1  driver's license or permit when the purpose of the request
2  relates to criminal activity other than violations of
3  immigration laws.
4  (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
5  (625 ILCS 5/6-110.2)
6  Sec. 6-110.2. Confidentiality of documents submitted with
7  an application for a driver's license. Documents required to
8  be submitted with an application for a driver's license to
9  prove the applicant's identity (name and date of birth),
10  social security number or lack of a social security number,
11  written signature, residency, and, as applicable, citizenship
12  or immigration proof of lawful status and country of
13  citizenship shall be confidential and shall not be disclosed
14  except to the following persons:
15  (1) the individual to whom the driver's license or
16  permit was issued, upon written request;
17  (2) officers and employees of the Secretary of State
18  who have a need to have access to the stored images for
19  purposes of issuing and controlling driver's licenses,
20  permits, or identification cards and investigation of
21  fraud or misconduct;
22  (3) law enforcement officials for a civil or criminal
23  law enforcement investigation, except as restricted by
24  Section 6-110.3;
25  (4) other entities that the Secretary may authorize by

 

 

  HB3882 - 51 - LRB103 26790 MXP 53153 b


HB3882- 52 -LRB103 26790 MXP 53153 b   HB3882 - 52 - LRB103 26790 MXP 53153 b
  HB3882 - 52 - LRB103 26790 MXP 53153 b
1  rule.
2  (Source: P.A. 101-326, eff. 8-9-19.)
3  (625 ILCS 5/6-110.3 new)
4  Sec. 6-110.3. Restrictions on use of information for
5  certain purposes.
6  (a) Notwithstanding any other provision of law, the
7  Secretary may not release or make accessible in any manner any
8  highly restricted personal information as defined in Section
9  1-125.9 or personally identifying information as defined in
10  Section 1-159.2, provide images, photos, or facial recognition
11  services as described in Section 6-110.1, or disclose
12  documents as described in Section 6-110.2 to any immigration
13  agent as defined in Section 10 of the Illinois TRUST Act,
14  unless necessary to comply with the following:
15  (1) a lawful court order;
16  (2) a judicial warrant signed by a judge appointed
17  pursuant to Article III of the Constitution of the United
18  States; or
19  (3) a subpoena for individual records issued by a
20  federal or State court that specifically requires
21  production of such information or documents.
22  When responding to such a court order, warrant, or
23  subpoena, the Secretary shall disclose only those documents or
24  information specifically requested. Within 3 business days of
25  receiving such a court order, warrant, or subpoena, the

 

 

  HB3882 - 52 - LRB103 26790 MXP 53153 b


HB3882- 53 -LRB103 26790 MXP 53153 b   HB3882 - 53 - LRB103 26790 MXP 53153 b
  HB3882 - 53 - LRB103 26790 MXP 53153 b
1  Secretary shall send a notification to the individual about
2  whom such information was requested that a court order,
3  warrant, or subpoena was received and the identity of the
4  entity that presented the court order, warrant, or subpoena.
5  (b) The Secretary shall not enter into or maintain any
6  agreement regarding the sharing of any highly restricted
7  personal information as defined in Section 1-125.9, personally
8  identifying information as defined in Section 1-159.2, images
9  or photos described in Section 6-110.1, or documents described
10  in Section 6-110.2 unless all other parties to such agreement
11  certify that the information obtained will not be used for
12  civil immigration purposes or knowingly disseminated to any
13  third party for any purpose related to civil immigration
14  enforcement.
15  (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
16  Sec. 6-115. Expiration of driver's license.
17  (a) Except as provided elsewhere in this Section, every
18  driver's license issued under the provisions of this Code
19  shall expire 4 years from the date of its issuance, or at such
20  later date, as the Secretary of State may by proper rule and
21  regulation designate, not to exceed 12 calendar months; in the
22  event that an applicant for renewal of a driver's license
23  fails to apply prior to the expiration date of the previous
24  driver's license, the renewal driver's license shall expire 4
25  years from the expiration date of the previous driver's

 

 

  HB3882 - 53 - LRB103 26790 MXP 53153 b


HB3882- 54 -LRB103 26790 MXP 53153 b   HB3882 - 54 - LRB103 26790 MXP 53153 b
  HB3882 - 54 - LRB103 26790 MXP 53153 b
1  license, or at such later date as the Secretary of State may by
2  proper rule and regulation designate, not to exceed 12
3  calendar months.
4  The Secretary of State may, however, issue to a person not
5  previously licensed as a driver in Illinois a driver's license
6  which will expire not less than 4 years nor more than 5 years
7  from date of issuance, except as provided elsewhere in this
8  Section.
9  (a-5) Every REAL ID compliant driver's license issued
10  under this Code to an applicant who is not a United States
11  citizen or permanent resident, or an individual who has an
12  approved application for asylum in the United States or has
13  entered the United States in refugee status, shall be marked
14  "Limited Term" on its face and shall expire on whichever is the
15  earlier date of the following:
16  (1) as provided under subsection (a), (f), (g), or (i)
17  of this Section;
18  (2) on the date the applicant's authorized stay in the
19  United States terminates; or
20  (3) if the applicant's authorized stay is indefinite
21  and the applicant is applying for a Limited Term REAL ID
22  compliant driver's license, one year from the date of
23  issuance of the license.
24  (a-10) (Blank). Every REAL ID compliant driver's license
25  issued under this Code to an applicant who is not a United
26  States citizen or permanent resident, or an individual who has

 

 

  HB3882 - 54 - LRB103 26790 MXP 53153 b


HB3882- 55 -LRB103 26790 MXP 53153 b   HB3882 - 55 - LRB103 26790 MXP 53153 b
  HB3882 - 55 - LRB103 26790 MXP 53153 b
1  an approved application for asylum in the United States or has
2  entered the United States in refugee status, shall be marked
3  "Limited Term".
4  (b) Before the expiration of a driver's license, except
5  those licenses expiring on the individual's 21st birthday, or
6  3 months after the individual's 21st birthday, the holder
7  thereof may apply for a renewal thereof, subject to all the
8  provisions of Section 6-103, and the Secretary of State may
9  require an examination of the applicant. A licensee whose
10  driver's license expires on his 21st birthday, or 3 months
11  after his 21st birthday, may not apply for a renewal of his
12  driving privileges until he reaches the age of 21.
13  (c) The Secretary of State shall, 30 days prior to the
14  expiration of a driver's license, forward to each person whose
15  license is to expire a notification of the expiration of said
16  license which may be presented at the time of renewal of said
17  license.
18  There may be included with such notification information
19  explaining the anatomical gift and Emergency Medical
20  Information Card provisions of Section 6-110. The format and
21  text of such information shall be prescribed by the Secretary.
22  There shall be included with such notification, for a
23  period of 4 years beginning January 1, 2000 information
24  regarding the Illinois Adoption Registry and Medical
25  Information Exchange established in Section 18.1 of the
26  Adoption Act.

 

 

  HB3882 - 55 - LRB103 26790 MXP 53153 b


HB3882- 56 -LRB103 26790 MXP 53153 b   HB3882 - 56 - LRB103 26790 MXP 53153 b
  HB3882 - 56 - LRB103 26790 MXP 53153 b
1  (d) The Secretary may defer the expiration of the driver's
2  license of a licensee, spouse, and dependent children who are
3  living with such licensee while on active duty, serving in the
4  Armed Forces of the United States outside of the State of
5  Illinois, and 120 days thereafter, upon such terms and
6  conditions as the Secretary may prescribe.
7  (d-5) The Secretary may defer the expiration of the
8  driver's license of a licensee, or of a spouse or dependent
9  children living with the licensee, serving as a civilian
10  employee of the United States Armed Forces or the United
11  States Department of Defense, outside of the State of
12  Illinois, and 120 days thereafter, upon such terms and
13  conditions as the Secretary may prescribe.
14  (e) The Secretary of State may decline to process a
15  renewal of a driver's license of any person who has not paid
16  any fee or tax due under this Code and is not paid upon
17  reasonable notice and demand.
18  (f) The Secretary shall provide that each original or
19  renewal driver's license issued to a licensee under 21 years
20  of age shall expire 3 months after the licensee's 21st
21  birthday. Persons whose current driver's licenses expire on
22  their 21st birthday on or after January 1, 1986 shall not renew
23  their driver's license before their 21st birthday, and their
24  current driver's license will be extended for an additional
25  term of 3 months beyond their 21st birthday. Thereafter, the
26  expiration and term of the driver's license shall be governed

 

 

  HB3882 - 56 - LRB103 26790 MXP 53153 b


HB3882- 57 -LRB103 26790 MXP 53153 b   HB3882 - 57 - LRB103 26790 MXP 53153 b
  HB3882 - 57 - LRB103 26790 MXP 53153 b
1  by subsection (a) hereof.
2  (g) The Secretary shall provide that each original or
3  renewal driver's license issued to a licensee 81 years of age
4  through age 86 shall expire 2 years from the date of issuance,
5  or at such later date as the Secretary may by rule and
6  regulation designate, not to exceed an additional 12 calendar
7  months. The Secretary shall also provide that each original or
8  renewal driver's license issued to a licensee 87 years of age
9  or older shall expire 12 months from the date of issuance, or
10  at such later date as the Secretary may by rule and regulation
11  designate, not to exceed an additional 12 calendar months.
12  (h) The Secretary of State shall provide that each special
13  restricted driver's license issued under subsection (g) of
14  Section 6-113 of this Code shall expire 12 months from the date
15  of issuance. The Secretary shall adopt rules defining renewal
16  requirements.
17  (i) The Secretary of State shall provide that each
18  driver's license issued to a person convicted of a sex offense
19  as defined in Section 2 of the Sex Offender Registration Act
20  shall expire 12 months from the date of issuance or at such
21  date as the Secretary may by rule designate, not to exceed an
22  additional 12 calendar months. The Secretary may adopt rules
23  defining renewal requirements.
24  (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
25  (625 ILCS 5/6-121)

 

 

  HB3882 - 57 - LRB103 26790 MXP 53153 b


HB3882- 58 -LRB103 26790 MXP 53153 b   HB3882 - 58 - LRB103 26790 MXP 53153 b
  HB3882 - 58 - LRB103 26790 MXP 53153 b
1  Sec. 6-121. Issuance of confidential drivers' licenses.
2  (a) Requirements for use of confidential drivers'
3  licenses. Confidential drivers' licenses may be issued to
4  local, state, and federal government agencies for bona fide
5  law enforcement purposes. The drivers' licenses may be issued
6  with fictitious names and addresses, and may be used only for
7  confidential, investigative, or undercover law enforcement
8  operations. Confidential drivers' licenses may be issued as
9  REAL ID compliant or standard non-compliant driver's licenses.
10  (b) Application procedures for confidential drivers'
11  licenses:
12  (1) Applications by local, state, and federal
13  government agencies for confidential drivers' licenses
14  must be made to the Secretary of State Police Department
15  on a form and in a manner prescribed by the Secretary of
16  State Police Department.
17  (2) The application form must include information, as
18  specific as possible without compromising investigations
19  or techniques, setting forth the need for the drivers'
20  licenses and the uses to which the licenses will be
21  limited.
22  (3) The application form must be signed and verified
23  by the local, state, or federal government agency head or
24  designee.
25  (4) Registration information maintained by the
26  Secretary of State Police Department for confidential

 

 

  HB3882 - 58 - LRB103 26790 MXP 53153 b


HB3882- 59 -LRB103 26790 MXP 53153 b   HB3882 - 59 - LRB103 26790 MXP 53153 b
  HB3882 - 59 - LRB103 26790 MXP 53153 b
1  drivers' licenses must show the fictitious names and
2  addresses on all records subject to public disclosure. All
3  other information concerning these confidential drivers'
4  licenses are exempt from disclosure unless the disclosure
5  is ordered by a court of competent jurisdiction.
6  (c) Revocation and cancellation procedures for
7  confidential drivers' licenses:
8  (1) The Secretary of State Police Department may
9  revoke or refuse to renew confidential drivers' licenses
10  when they have reasonable cause to believe the licenses
11  are being used for purposes other than those set forth in
12  the application form or authorized by this Section.
13  Confidential drivers' licenses may also be revoked where
14  traffic violation citations have been issued to the driver
15  and subsequent investigation reveals that the issuance of
16  the citations was unrelated to the purposes for which the
17  confidential driver's license was issued. In such cases,
18  the citations and any resulting court orders, convictions,
19  supervisions or other sanctions must be treated by the
20  Secretary of State as though they were issued in relation
21  to the true driver's license of the individual to whom the
22  confidential driver's license was issued.
23  (2) A government agency must request cancellation of
24  confidential drivers' licenses that are no longer required
25  for the purposes for which they were issued.
26  (3) All revoked confidential drivers' licenses must be

 

 

  HB3882 - 59 - LRB103 26790 MXP 53153 b


HB3882- 60 -LRB103 26790 MXP 53153 b   HB3882 - 60 - LRB103 26790 MXP 53153 b
  HB3882 - 60 - LRB103 26790 MXP 53153 b
1  promptly returned to the Secretary of State Police
2  Department by the government agency to which they were
3  issued.
4  (Source: P.A. 100-248, eff. 8-22-17.)
5  (625 ILCS 5/6-122)
6  Sec. 6-122. Expedited driver's license. The Secretary of
7  State may provide for an expedited process for the issuance of
8  a driver's license, excluding temporary visitor's driver's
9  licenses. The Secretary shall charge an additional fee for the
10  issuance of an expedited driver's license, to be set by rule,
11  not to exceed $75. All fees collected by the Secretary for
12  expedited driver's license service shall be deposited into the
13  Secretary of State Special Services Fund. The Secretary may
14  adopt rules regarding the eligibility, process, and fee for an
15  expedited driver's license.
16  (Source: P.A. 99-305, eff. 1-1-16.)
17  Section 99. Effective date. This Act takes effect July 1,
18  2024.
HB3882- 61 -LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance  HB3882- 61 -LRB103 26790 MXP 53153 b   HB3882 - 61 - LRB103 26790 MXP 53153 b  1  INDEX 2  Statutes amended in order of appearance
HB3882- 61 -LRB103 26790 MXP 53153 b   HB3882 - 61 - LRB103 26790 MXP 53153 b
  HB3882 - 61 - LRB103 26790 MXP 53153 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  HB3882 - 60 - LRB103 26790 MXP 53153 b



HB3882- 61 -LRB103 26790 MXP 53153 b   HB3882 - 61 - LRB103 26790 MXP 53153 b
  HB3882 - 61 - LRB103 26790 MXP 53153 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  HB3882 - 61 - LRB103 26790 MXP 53153 b