33 | | - | to be in the United States or remain in the United States. |
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34 | | - | (e) The requirements of subsection (a) do not apply if: |
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35 | | - | (1) a federal law, regulation, or directive or a |
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36 | | - | federal court decision requires a State agency or officer |
---|
37 | | - | or a unit of local government to obtain different |
---|
38 | | - | identification; |
---|
39 | | - | (2) a federal law, regulation, or directive preempts |
---|
40 | | - | state regulation of identification requirements; or |
---|
41 | | - | (3) a State agency or officer or a unit of local |
---|
42 | | - | government would be unable to comply with a condition |
---|
43 | | - | imposed by a funding source which would cause the State |
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44 | | - | agency or officer or unit of local government to lose |
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45 | | - | funds from that source. |
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46 | | - | (f) Nothing in subsection (a) shall be construed to |
---|
47 | | - | prohibit a State agency or officer or a unit of local |
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48 | | - | government from: |
---|
49 | | - | (1) requiring additional information from persons in |
---|
50 | | - | order to verify a current address or other facts that |
---|
51 | | - | would enable the State agency or officer or unit of local |
---|
52 | | - | government to fulfill its responsibilities, except that |
---|
53 | | - | this paragraph (1) does not permit a State agency or |
---|
54 | | - | officer or a unit of local government to require |
---|
55 | | - | additional information solely in order to establish |
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56 | | - | identification of the person when the consular |
---|
57 | | - | identification document is the form of identification |
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58 | | - | presented; |
---|
59 | | - | |
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60 | | - | |
---|
61 | | - | (2) requiring fingerprints for identification purposes |
---|
62 | | - | under circumstances where the State agency or officer or |
---|
63 | | - | unit of local government also requires fingerprints from |
---|
64 | | - | persons who have a driver's license or Illinois |
---|
65 | | - | Identification Card; or |
---|
66 | | - | (3) requiring additional evidence of identification if |
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67 | | - | the State agency or officer or unit of local government |
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68 | | - | reasonably believes that: (A) the consular identification |
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69 | | - | document is forged, fraudulent, or altered; or (B) the |
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70 | | - | holder does not appear to be the same person on the |
---|
71 | | - | consular identification document. |
---|
72 | | - | (Source: P.A. 97-1157, eff. 11-28-13.) |
---|
73 | | - | Section 10. The Election Code is amended by changing |
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74 | | - | Section 1A-16.1 as follows: |
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75 | | - | (10 ILCS 5/1A-16.1) |
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76 | | - | Sec. 1A-16.1. Automatic voter registration; Secretary of |
---|
77 | | - | State. |
---|
78 | | - | (a) The Office of the Secretary of State and the State |
---|
79 | | - | Board of Elections, pursuant to an interagency contract and |
---|
80 | | - | jointly-adopted rules, shall establish an automatic voter |
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81 | | - | registration program that satisfies the requirements of this |
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82 | | - | Section and other applicable law. |
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83 | | - | (b) If an application, an application for renewal, a |
---|
84 | | - | change of address form, or a recertification form for a |
---|
85 | | - | |
---|
86 | | - | |
---|
87 | | - | driver's license, other than a temporary visitor's driver's |
---|
88 | | - | license, or a State identification card issued by the Office |
---|
89 | | - | of the Secretary of State meets the requirements of the |
---|
90 | | - | federal REAL ID Act of 2005, then that application shall serve |
---|
91 | | - | as a dual-purpose application. The dual-purpose application |
---|
92 | | - | shall: |
---|
93 | | - | (1) also serve as an application to register to vote |
---|
94 | | - | in Illinois; |
---|
95 | | - | (2) allow an applicant to change his or her registered |
---|
96 | | - | residence address or name as it appears on the voter |
---|
97 | | - | registration rolls; |
---|
98 | | - | (3) provide the applicant with an opportunity to |
---|
99 | | - | affirmatively decline to register to vote or to change his |
---|
100 | | - | or her registered residence address or name by providing a |
---|
101 | | - | check box on the application form without requiring the |
---|
102 | | - | applicant to state the reason; and |
---|
103 | | - | (4) unless the applicant declines to register to vote |
---|
104 | | - | or change his or her registered residence address or name, |
---|
105 | | - | require the applicant to attest, by signature under |
---|
106 | | - | penalty of perjury as described in subsection (e) of this |
---|
107 | | - | Section, to meeting the qualifications to register to vote |
---|
108 | | - | in Illinois at his or her residence address as indicated |
---|
109 | | - | on his or her driver's license or identification card |
---|
110 | | - | dual-purpose application. |
---|
111 | | - | (b-5) If an application, an application for renewal, a |
---|
112 | | - | change of address form, or a recertification form for a |
---|
113 | | - | |
---|
114 | | - | |
---|
115 | | - | driver's license, other than a temporary visitor's driver's |
---|
116 | | - | license, or a State identification card issued by the Office |
---|
117 | | - | of the Secretary of State, other than an application or form |
---|
118 | | - | that pertains to a standard driver's license or identification |
---|
119 | | - | card and does not list a social security number for the |
---|
120 | | - | applicant, does not meet the requirements of the federal REAL |
---|
121 | | - | ID Act of 2005, then that application shall serve as a |
---|
122 | | - | dual-purpose application. The dual-purpose application shall: |
---|
123 | | - | (1) also serve as an application to register to vote |
---|
124 | | - | in Illinois; |
---|
125 | | - | (2) allow an applicant to change his or her registered |
---|
126 | | - | residence address or name as it appears on the voter |
---|
127 | | - | registration rolls; and |
---|
128 | | - | (3) if the applicant chooses to register to vote or to |
---|
129 | | - | change his or her registered residence address or name, |
---|
130 | | - | then require the applicant to attest, by a separate |
---|
131 | | - | signature under penalty of perjury, to meeting the |
---|
132 | | - | qualifications to register to vote in Illinois at his or |
---|
133 | | - | her residence address as indicated on his or her |
---|
134 | | - | dual-purpose application. |
---|
135 | | - | (b-10) The Office of the Secretary of State shall clearly |
---|
136 | | - | and conspicuously inform each applicant in writing: (i) of the |
---|
137 | | - | qualifications to register to vote in Illinois, (ii) of the |
---|
138 | | - | penalties provided by law for submission of a false voter |
---|
139 | | - | registration application, (iii) that, unless the applicant |
---|
140 | | - | declines to register to vote or update his or her voter |
---|
141 | | - | |
---|
142 | | - | |
---|
143 | | - | registration, his or her dual-purpose application shall also |
---|
144 | | - | serve as both an application to register to vote and his or her |
---|
145 | | - | attestation that he or she meets the eligibility requirements |
---|
146 | | - | for voter registration, and that his or her application to |
---|
147 | | - | register to vote or update his or her registration will be |
---|
148 | | - | transmitted to the State Board of Elections for the purpose of |
---|
149 | | - | registering the person to vote at the residence address to be |
---|
150 | | - | indicated on his or her driver's license or identification |
---|
151 | | - | card, and (iv) that declining to register to vote is |
---|
152 | | - | confidential and will not affect any services the person may |
---|
153 | | - | be seeking from the Office of the Secretary of State. |
---|
154 | | - | (c) The Office of the Secretary of State shall review |
---|
155 | | - | information provided to the Office of the Secretary of State |
---|
156 | | - | by the State Board of Elections to inform each applicant for a |
---|
157 | | - | driver's license or permit, other than a temporary visitor's |
---|
158 | | - | driver's license, or a State identification card issued by the |
---|
159 | | - | Office of the Secretary of State, other than an application or |
---|
160 | | - | form that pertains to a standard driver's license or |
---|
161 | | - | identification card and does not list a social security number |
---|
162 | | - | for the applicant, whether the applicant is currently |
---|
163 | | - | registered to vote in Illinois and, if registered, at what |
---|
164 | | - | address. |
---|
165 | | - | (d) The Office of the Secretary of State shall not require |
---|
166 | | - | an applicant for a driver's license or State identification |
---|
167 | | - | card to provide duplicate identification or information in |
---|
168 | | - | order to complete an application to register to vote or change |
---|
169 | | - | |
---|
170 | | - | |
---|
171 | | - | his or her registered residence address or name. Before |
---|
172 | | - | transmitting any personal information about an applicant to |
---|
173 | | - | the State Board of Elections, the Office of the Secretary of |
---|
174 | | - | State shall review its records of the identification documents |
---|
175 | | - | the applicant provided in order to complete the application |
---|
176 | | - | for a driver's license or State identification card, to |
---|
177 | | - | confirm that nothing in those documents indicates that the |
---|
178 | | - | applicant does not satisfy the qualifications to register to |
---|
179 | | - | vote in Illinois at his or her residence address. |
---|
180 | | - | (e) A completed, signed application for (i) a driver's |
---|
181 | | - | license or permit, other than a temporary visitor's driver's |
---|
182 | | - | license, or a State identification card issued by the Office |
---|
183 | | - | of the Secretary of State, that meets the requirements of the |
---|
184 | | - | federal REAL ID Act of 2005; or (ii) a completed application |
---|
185 | | - | under subsection (b-5) of this Section with a separate |
---|
186 | | - | signature attesting the applicant meets the qualifications to |
---|
187 | | - | register to vote in Illinois at his or her residence address as |
---|
188 | | - | indicated on his or her application shall constitute a signed |
---|
189 | | - | application to register to vote in Illinois at the residence |
---|
190 | | - | address indicated in the application unless the person |
---|
191 | | - | affirmatively declined in the application to register to vote |
---|
192 | | - | or to change his or her registered residence address or name. |
---|
193 | | - | If the identification documents provided to complete the |
---|
194 | | - | dual-purpose application indicate that he or she does not |
---|
195 | | - | satisfy the qualifications to register to vote in Illinois at |
---|
196 | | - | his or her residence address, the application shall be marked |
---|
197 | | - | |
---|
198 | | - | |
---|
199 | | - | as incomplete. |
---|
200 | | - | (f) For each completed and signed application that |
---|
201 | | - | constitutes an application to register to vote in Illinois or |
---|
202 | | - | provides for a change in the applicant's registered residence |
---|
203 | | - | address or name, the Office of the Secretary of State shall |
---|
204 | | - | electronically transmit to the State Board of Elections |
---|
205 | | - | personal information needed to complete the person's |
---|
206 | | - | registration to vote in Illinois at his or her residence |
---|
207 | | - | address. The application to register to vote shall be |
---|
208 | | - | processed in accordance with Section 1A-16.7. |
---|
209 | | - | (g) If the federal REAL ID Act of 2005 is repealed, |
---|
210 | | - | abrogated, superseded, or otherwise no longer in effect, then |
---|
211 | | - | the State Board of Elections shall establish criteria for |
---|
212 | | - | determining reliable personal information indicating |
---|
213 | | - | citizenship status and shall adopt rules as necessary for the |
---|
214 | | - | Secretary of State to continue processing dual-purpose |
---|
215 | | - | applications under this Section. |
---|
216 | | - | (h) As used in this Section, "dual-purpose application" |
---|
217 | | - | means an application, an application for renewal, a change of |
---|
218 | | - | address form, or a recertification form for driver's license |
---|
219 | | - | or permit, other than a temporary visitor's driver's license, |
---|
220 | | - | or a State identification card offered by the Secretary of |
---|
221 | | - | State, other than an application or form that pertains to a |
---|
222 | | - | standard driver's license or identification card and does not |
---|
223 | | - | list a social security number for the applicant, that also |
---|
224 | | - | serves as an application to register to vote in Illinois. |
---|
225 | | - | |
---|
226 | | - | |
---|
227 | | - | "Dual-purpose application" does not mean an application under |
---|
228 | | - | subsection (c) of Section 6-109 of the Illinois Vehicle Code. |
---|
229 | | - | (Source: P.A. 100-464, eff. 8-28-17.) |
---|
230 | | - | Section 15. The Illinois Identification Card Act is |
---|
231 | | - | amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as |
---|
232 | | - | follows: |
---|
233 | | - | (15 ILCS 335/1A) |
---|
234 | | - | Sec. 1A. Definitions. As used in this Act: |
---|
235 | | - | "Highly restricted personal information" means an |
---|
236 | | - | individual's photograph, signature, social security number, |
---|
237 | | - | and medical or disability information. |
---|
238 | | - | "Identification card making implement" means any material, |
---|
239 | | - | hardware, or software that is specifically designed for or |
---|
240 | | - | primarily used in the manufacture, assembly, issuance, or |
---|
241 | | - | authentication of an official identification card issued by |
---|
242 | | - | the Secretary of State. |
---|
243 | | - | "Fraudulent identification card" means any identification |
---|
244 | | - | card that purports to be an official identification card for |
---|
245 | | - | which a computerized number and file have not been created by |
---|
246 | | - | the Secretary of State, the United States Government or any |
---|
247 | | - | state or political subdivision thereof, or any governmental or |
---|
248 | | - | quasi-governmental organization. For the purpose of this Act, |
---|
249 | | - | any identification card that resembles an official |
---|
250 | | - | identification card in either size, color, photograph |
---|
251 | | - | |
---|
252 | | - | |
---|
253 | | - | location, or design or uses the word "official", "state", |
---|
254 | | - | "Illinois", or the name of any other state or political |
---|
255 | | - | subdivision thereof, or any governmental or quasi-governmental |
---|
256 | | - | organization individually or in any combination thereof to |
---|
257 | | - | describe or modify the term "identification card" or "I.D. |
---|
258 | | - | card" anywhere on the card, or uses a shape in the likeness of |
---|
259 | | - | Illinois or any other state on the photograph side of the card, |
---|
260 | | - | is deemed to be a fraudulent identification card unless the |
---|
261 | | - | words "This is not an official Identification Card", appear |
---|
262 | | - | prominently upon it in black colored lettering in 12-point |
---|
263 | | - | type on the photograph side of the card, and no such card shall |
---|
264 | | - | be smaller in size than 3 inches by 4 inches, and the |
---|
265 | | - | photograph shall be on the left side of the card only. |
---|
266 | | - | "Legal name" means the full given name and surname of an |
---|
267 | | - | individual as recorded at birth, recorded at marriage, or |
---|
268 | | - | deemed as the correct legal name for use in reporting income by |
---|
269 | | - | the Social Security Administration or the name as otherwise |
---|
270 | | - | established through legal action that appears on the |
---|
271 | | - | associated official document presented to the Secretary of |
---|
272 | | - | State. |
---|
273 | | - | "Personally identifying information" means information |
---|
274 | | - | that identifies an individual, including his or her |
---|
275 | | - | identification card number, name, address (but not the 5-digit |
---|
276 | | - | zip code), date of birth, height, weight, hair color, eye |
---|
277 | | - | color, email address, and telephone number. |
---|
278 | | - | "Homeless person" or "homeless individual" has the same |
---|
279 | | - | |
---|
280 | | - | |
---|
281 | | - | meaning as defined by the federal McKinney-Vento Homeless |
---|
282 | | - | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). |
---|
283 | | - | "Youth for whom the Department of Children and Family |
---|
284 | | - | Services is legally responsible" or "foster child" means a |
---|
285 | | - | child or youth whose guardianship or custody has been accepted |
---|
286 | | - | by the Department of Children and Family Services pursuant to |
---|
287 | | - | the Juvenile Court Act of 1987, the Children and Family |
---|
288 | | - | Services Act, the Abused and Neglected Child Reporting Act, |
---|
289 | | - | and the Adoption Act. This applies to children for whom the |
---|
290 | | - | Department of Children and Family Services has temporary |
---|
291 | | - | protective custody, custody or guardianship via court order, |
---|
292 | | - | or children whose parents have signed an adoptive surrender or |
---|
293 | | - | voluntary placement agreement with the Department. |
---|
294 | | - | "REAL ID compliant identification card" means a standard |
---|
295 | | - | Illinois Identification Card or Illinois Person with a |
---|
296 | | - | Disability Identification Card issued in compliance with the |
---|
297 | | - | REAL ID Act and implementing regulations. REAL ID compliant |
---|
298 | | - | identification cards shall bear a security marking approved by |
---|
299 | | - | the United States Department of Homeland Security. |
---|
300 | | - | "Standard Non-compliant identification card" means a |
---|
301 | | - | standard Illinois Identification Card or Illinois Person with |
---|
302 | | - | a Disability Identification Card issued in a manner which is |
---|
303 | | - | not compliant with the REAL ID Act and implementing |
---|
304 | | - | regulations. Standard Non-compliant identification cards shall |
---|
305 | | - | be marked "Federal Limits Apply" "Not for Federal |
---|
306 | | - | Identification" and shall have a color or design different |
---|
307 | | - | |
---|
308 | | - | |
---|
309 | | - | from the REAL ID compliant identification card. |
---|
310 | | - | "Limited Term REAL ID compliant identification card" means |
---|
311 | | - | a REAL ID compliant identification card that is issued to |
---|
312 | | - | persons who are not permanent residents or citizens of the |
---|
313 | | - | United States, or an individual who has an approved |
---|
314 | | - | application for asylum in the United States or has entered the |
---|
315 | | - | United States in refugee status, and is marked "Limited Term" |
---|
316 | | - | on the face of the card. |
---|
317 | | - | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; |
---|
318 | | - | 101-326, eff. 8-9-19.) |
---|
319 | | - | (15 ILCS 335/2) (from Ch. 124, par. 22) |
---|
320 | | - | Sec. 2. Administration and powers and duties of the |
---|
321 | | - | Administrator. |
---|
322 | | - | (a) The Secretary of State is the Administrator of this |
---|
323 | | - | Act, and he is charged with the duty of observing, |
---|
324 | | - | administering and enforcing the provisions of this Act. |
---|
325 | | - | (b) The Secretary is vested with the powers and duties for |
---|
326 | | - | the proper administration of this Act as follows: |
---|
327 | | - | 1. He shall organize the administration of this Act as |
---|
328 | | - | he may deem necessary and appoint such subordinate |
---|
329 | | - | officers, clerks and other employees as may be necessary. |
---|
330 | | - | 2. From time to time, he may make, amend or rescind |
---|
331 | | - | rules and regulations as may be in the public interest to |
---|
332 | | - | implement the Act. |
---|
333 | | - | 3. He may prescribe or provide suitable forms as |
---|
334 | | - | |
---|
335 | | - | |
---|
336 | | - | necessary, including such forms as are necessary to |
---|
337 | | - | establish that an applicant for an Illinois Person with a |
---|
338 | | - | Disability Identification Card is a "person with a |
---|
339 | | - | disability" as defined in Section 4A of this Act, and |
---|
340 | | - | establish that an applicant for a State identification |
---|
341 | | - | card is a "homeless person" as defined in Section 1A of |
---|
342 | | - | this Act. |
---|
343 | | - | 4. He may prepare under the seal of the Secretary of |
---|
344 | | - | State certified copies of any records utilized under this |
---|
345 | | - | Act and any such certified copy shall be admissible in any |
---|
346 | | - | proceeding in any court in like manner as the original |
---|
347 | | - | thereof. |
---|
348 | | - | 5. Records compiled under this Act shall be maintained |
---|
349 | | - | for 6 years, but the Secretary may destroy such records |
---|
350 | | - | with the prior approval of the State Records Commission. |
---|
351 | | - | 6. He shall examine and determine the genuineness, |
---|
352 | | - | regularity and legality of every application filed with |
---|
353 | | - | him under this Act, and he may in all cases investigate the |
---|
354 | | - | same, require additional information or proof or |
---|
355 | | - | documentation from any applicant. |
---|
356 | | - | 7. He shall require the payment of all fees prescribed |
---|
357 | | - | in this Act, and all such fees received by him shall be |
---|
358 | | - | placed in the Road Fund of the State treasury except as |
---|
359 | | - | otherwise provided in Section 12 of this Act. Whenever any |
---|
360 | | - | application to the Secretary for an identification card |
---|
361 | | - | under this Act is accompanied by any fee, as required by |
---|
362 | | - | |
---|
363 | | - | |
---|
364 | | - | law, and the application is denied after a review of |
---|
365 | | - | eligibility, which may include facial recognition |
---|
366 | | - | comparison, the applicant shall not be entitled to a |
---|
367 | | - | refund of any fees paid. |
---|
368 | | - | 8. Beginning July 1, 2017, he shall refuse to issue a |
---|
369 | | - | REAL ID compliant identification card under this Act to |
---|
370 | | - | any person who has been issued a REAL ID compliant |
---|
371 | | - | driver's license under the Illinois Vehicle Code. Any such |
---|
372 | | - | person may, at his or her discretion, surrender the REAL |
---|
373 | | - | ID compliant driver's license in order to become eligible |
---|
374 | | - | to obtain a REAL ID compliant identification card. |
---|
375 | | - | 9. The Secretary may issue both REAL ID compliant |
---|
376 | | - | identification cards and standard non-compliant |
---|
377 | | - | identification cards, and may permit applicants to |
---|
378 | | - | designate which type of identification card they wish to |
---|
379 | | - | receive. All provisions of this Act applicable to standard |
---|
380 | | - | non-compliant identification cards shall also apply to |
---|
381 | | - | REAL ID compliant identification cards, except where the |
---|
382 | | - | provisions are inconsistent with the REAL ID Act and |
---|
383 | | - | implementing regulations. The Secretary shall establish by |
---|
384 | | - | rule the date on which issuance of REAL ID compliant |
---|
385 | | - | identification cards will begin. |
---|
386 | | - | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; |
---|
387 | | - | 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff. |
---|
388 | | - | 8-22-17.) |
---|
389 | | - | |
---|
390 | | - | |
---|
391 | | - | (15 ILCS 335/4) (from Ch. 124, par. 24) |
---|
392 | | - | Sec. 4. Identification card. |
---|
393 | | - | (a) The Secretary of State shall issue a standard Illinois |
---|
394 | | - | Identification Card to any natural person who is a resident of |
---|
395 | | - | the State of Illinois who applies for such card, or renewal |
---|
396 | | - | thereof. No identification card shall be issued to any person |
---|
397 | | - | who holds a valid foreign state identification card, license, |
---|
398 | | - | or permit unless the person first surrenders to the Secretary |
---|
399 | | - | of State the valid foreign state identification card, license, |
---|
400 | | - | or permit. The card shall be prepared and supplied by the |
---|
401 | | - | Secretary of State and shall include a photograph and |
---|
402 | | - | signature or mark of the applicant. However, the Secretary of |
---|
403 | | - | State may provide by rule for the issuance of Illinois |
---|
404 | | - | Identification Cards without photographs if the applicant has |
---|
405 | | - | a bona fide religious objection to being photographed or to |
---|
406 | | - | the display of his or her photograph. The Illinois |
---|
407 | | - | Identification Card may be used for identification purposes in |
---|
408 | | - | any lawful situation only by the person to whom it was issued. |
---|
409 | | - | As used in this Act, "photograph" means any color photograph |
---|
410 | | - | or digitally produced and captured image of an applicant for |
---|
411 | | - | an identification card. As used in this Act, "signature" means |
---|
412 | | - | the name of a person as written by that person and captured in |
---|
413 | | - | a manner acceptable to the Secretary of State. |
---|
414 | | - | (a-5) If an applicant for an identification card has a |
---|
415 | | - | current driver's license or instruction permit issued by the |
---|
416 | | - | Secretary of State, the Secretary may require the applicant to |
---|
417 | | - | |
---|
418 | | - | |
---|
419 | | - | utilize the same residence address and name on the |
---|
420 | | - | identification card, driver's license, and instruction permit |
---|
421 | | - | records maintained by the Secretary. The Secretary may |
---|
422 | | - | promulgate rules to implement this provision. |
---|
423 | | - | (a-10) If the applicant is a judicial officer as defined |
---|
424 | | - | in Section 1-10 of the Judicial Privacy Act or a peace officer, |
---|
425 | | - | the applicant may elect to have his or her office or work |
---|
426 | | - | address listed on the card instead of the applicant's |
---|
427 | | - | residence or mailing address. The Secretary may promulgate |
---|
428 | | - | rules to implement this provision. For the purposes of this |
---|
429 | | - | subsection (a-10), "peace officer" means any person who by |
---|
430 | | - | virtue of his or her office or public employment is vested by |
---|
431 | | - | law with a duty to maintain public order or to make arrests for |
---|
432 | | - | a violation of any penal statute of this State, whether that |
---|
433 | | - | duty extends to all violations or is limited to specific |
---|
434 | | - | violations. |
---|
435 | | - | (a-15) The Secretary of State may provide for an expedited |
---|
436 | | - | process for the issuance of an Illinois Identification Card. |
---|
437 | | - | The Secretary shall charge an additional fee for the expedited |
---|
438 | | - | issuance of an Illinois Identification Card, to be set by |
---|
439 | | - | rule, not to exceed $75. All fees collected by the Secretary |
---|
440 | | - | for expedited Illinois Identification Card service shall be |
---|
441 | | - | deposited into the Secretary of State Special Services Fund. |
---|
442 | | - | The Secretary may adopt rules regarding the eligibility, |
---|
443 | | - | process, and fee for an expedited Illinois Identification |
---|
444 | | - | Card. If the Secretary of State determines that the volume of |
---|
445 | | - | |
---|
446 | | - | |
---|
447 | | - | expedited identification card requests received on a given day |
---|
448 | | - | exceeds the ability of the Secretary to process those requests |
---|
449 | | - | in an expedited manner, the Secretary may decline to provide |
---|
450 | | - | expedited services, and the additional fee for the expedited |
---|
451 | | - | service shall be refunded to the applicant. |
---|
452 | | - | (a-20) The Secretary of State shall issue a standard |
---|
453 | | - | Illinois Identification Card to a committed person upon |
---|
454 | | - | release on parole, mandatory supervised release, aftercare |
---|
455 | | - | release, final discharge, or pardon from the Department of |
---|
456 | | - | Corrections or Department of Juvenile Justice, if the released |
---|
457 | | - | person presents a certified copy of his or her birth |
---|
458 | | - | certificate, social security card, if the person has a social |
---|
459 | | - | security number, or other documents authorized by the |
---|
460 | | - | Secretary, and 2 documents proving his or her Illinois |
---|
461 | | - | residence address. Documents proving residence address may |
---|
462 | | - | include any official document of the Department of Corrections |
---|
463 | | - | or the Department of Juvenile Justice showing the released |
---|
464 | | - | person's address after release and a Secretary of State |
---|
465 | | - | prescribed certificate of residency form, which may be |
---|
466 | | - | executed by Department of Corrections or Department of |
---|
467 | | - | Juvenile Justice personnel. |
---|
468 | | - | (a-25) The Secretary of State shall issue a limited-term |
---|
469 | | - | Illinois Identification Card valid for 90 days to a committed |
---|
470 | | - | person upon release on parole, mandatory supervised release, |
---|
471 | | - | aftercare release, final discharge, or pardon from the |
---|
472 | | - | Department of Corrections or Department of Juvenile Justice, |
---|
473 | | - | |
---|
474 | | - | |
---|
475 | | - | if the released person is unable to present a certified copy of |
---|
476 | | - | his or her birth certificate and social security card, if the |
---|
477 | | - | person has a social security number, or other documents |
---|
478 | | - | authorized by the Secretary, but does present a Secretary of |
---|
479 | | - | State prescribed verification form completed by the Department |
---|
480 | | - | of Corrections or Department of Juvenile Justice, verifying |
---|
481 | | - | the released person's date of birth and social security |
---|
482 | | - | number, if the person has a social security number, and 2 |
---|
483 | | - | documents proving his or her Illinois residence address. The |
---|
484 | | - | verification form must have been completed no more than 30 |
---|
485 | | - | days prior to the date of application for the Illinois |
---|
486 | | - | Identification Card. Documents proving residence address shall |
---|
487 | | - | include any official document of the Department of Corrections |
---|
488 | | - | or the Department of Juvenile Justice showing the person's |
---|
489 | | - | address after release and a Secretary of State prescribed |
---|
490 | | - | certificate of residency, which may be executed by Department |
---|
491 | | - | of Corrections or Department of Juvenile Justice personnel. |
---|
492 | | - | Prior to the expiration of the 90-day period of the |
---|
493 | | - | limited-term Illinois Identification Card, if the released |
---|
494 | | - | person submits to the Secretary of State a certified copy of |
---|
495 | | - | his or her birth certificate and his or her social security |
---|
496 | | - | card, if the person has a social security number, or other |
---|
497 | | - | documents authorized by the Secretary, a standard Illinois |
---|
498 | | - | Identification Card shall be issued. A limited-term Illinois |
---|
499 | | - | Identification Card may not be renewed. |
---|
500 | | - | (a-30) The Secretary of State shall issue a standard |
---|
501 | | - | |
---|
502 | | - | |
---|
503 | | - | Illinois Identification Card to a person upon conditional |
---|
504 | | - | release or absolute discharge from the custody of the |
---|
505 | | - | Department of Human Services, if the person presents a |
---|
506 | | - | certified copy of his or her birth certificate, social |
---|
507 | | - | security card, if the person has a social security number, or |
---|
508 | | - | other documents authorized by the Secretary, and a document |
---|
509 | | - | proving his or her Illinois residence address. The Secretary |
---|
510 | | - | of State shall issue a standard Illinois Identification Card |
---|
511 | | - | to a person prior to his or her conditional release or absolute |
---|
512 | | - | discharge if personnel from the Department of Human Services |
---|
513 | | - | bring the person to a Secretary of State location with the |
---|
514 | | - | required documents. Documents proving residence address may |
---|
515 | | - | include any official document of the Department of Human |
---|
516 | | - | Services showing the person's address after release and a |
---|
517 | | - | Secretary of State prescribed verification form, which may be |
---|
518 | | - | executed by personnel of the Department of Human Services. |
---|
519 | | - | (a-35) The Secretary of State shall issue a limited-term |
---|
520 | | - | Illinois Identification Card valid for 90 days to a person |
---|
521 | | - | upon conditional release or absolute discharge from the |
---|
522 | | - | custody of the Department of Human Services, if the person is |
---|
523 | | - | unable to present a certified copy of his or her birth |
---|
524 | | - | certificate and social security card, if the person has a |
---|
525 | | - | social security number, or other documents authorized by the |
---|
526 | | - | Secretary, but does present a Secretary of State prescribed |
---|
527 | | - | verification form completed by the Department of Human |
---|
528 | | - | Services, verifying the person's date of birth and social |
---|
529 | | - | |
---|
530 | | - | |
---|
531 | | - | security number, if the person has a social security number, |
---|
532 | | - | and a document proving his or her Illinois residence address. |
---|
533 | | - | The verification form must have been completed no more than 30 |
---|
534 | | - | days prior to the date of application for the Illinois |
---|
535 | | - | Identification Card. The Secretary of State shall issue a |
---|
536 | | - | limited-term Illinois Identification Card to a person no |
---|
537 | | - | sooner than 14 days prior to his or her conditional release or |
---|
538 | | - | absolute discharge if personnel from the Department of Human |
---|
539 | | - | Services bring the person to a Secretary of State location |
---|
540 | | - | with the required documents. Documents proving residence |
---|
541 | | - | address shall include any official document of the Department |
---|
542 | | - | of Human Services showing the person's address after release |
---|
543 | | - | and a Secretary of State prescribed verification form, which |
---|
544 | | - | may be executed by personnel of the Department of Human |
---|
545 | | - | Services. |
---|
546 | | - | (b) The Secretary of State shall issue a special Illinois |
---|
547 | | - | Identification Card, which shall be known as an Illinois |
---|
548 | | - | Person with a Disability Identification Card, to any natural |
---|
549 | | - | person who is a resident of the State of Illinois, who is a |
---|
550 | | - | person with a disability as defined in Section 4A of this Act, |
---|
551 | | - | who applies for such card, or renewal thereof. No Illinois |
---|
552 | | - | Person with a Disability Identification Card shall be issued |
---|
553 | | - | to any person who holds a valid foreign state identification |
---|
554 | | - | card, license, or permit unless the person first surrenders to |
---|
555 | | - | the Secretary of State the valid foreign state identification |
---|
556 | | - | card, license, or permit. The Secretary of State shall charge |
---|
557 | | - | |
---|
558 | | - | |
---|
559 | | - | no fee to issue such card. The card shall be prepared and |
---|
560 | | - | supplied by the Secretary of State, and shall include a |
---|
561 | | - | photograph and signature or mark of the applicant, a |
---|
562 | | - | designation indicating that the card is an Illinois Person |
---|
563 | | - | with a Disability Identification Card, and shall include a |
---|
564 | | - | comprehensible designation of the type and classification of |
---|
565 | | - | the applicant's disability as set out in Section 4A of this |
---|
566 | | - | Act. However, the Secretary of State may provide by rule for |
---|
567 | | - | the issuance of Illinois Person with a Disability |
---|
568 | | - | Identification Cards without photographs if the applicant has |
---|
569 | | - | a bona fide religious objection to being photographed or to |
---|
570 | | - | the display of his or her photograph. If the applicant so |
---|
571 | | - | requests, the card shall include a description of the |
---|
572 | | - | applicant's disability and any information about the |
---|
573 | | - | applicant's disability or medical history which the Secretary |
---|
574 | | - | determines would be helpful to the applicant in securing |
---|
575 | | - | emergency medical care. If a mark is used in lieu of a |
---|
576 | | - | signature, such mark shall be affixed to the card in the |
---|
577 | | - | presence of two witnesses who attest to the authenticity of |
---|
578 | | - | the mark. The Illinois Person with a Disability Identification |
---|
579 | | - | Card may be used for identification purposes in any lawful |
---|
580 | | - | situation by the person to whom it was issued. |
---|
581 | | - | The Illinois Person with a Disability Identification Card |
---|
582 | | - | may be used as adequate documentation of disability in lieu of |
---|
583 | | - | a physician's determination of disability, a determination of |
---|
584 | | - | disability from a physician assistant, a determination of |
---|
585 | | - | |
---|
586 | | - | |
---|
587 | | - | disability from an advanced practice registered nurse, or any |
---|
588 | | - | other documentation of disability whenever any State law |
---|
589 | | - | requires that a person with a disability provide such |
---|
590 | | - | documentation of disability, however an Illinois Person with a |
---|
591 | | - | Disability Identification Card shall not qualify the |
---|
592 | | - | cardholder to participate in any program or to receive any |
---|
593 | | - | benefit which is not available to all persons with like |
---|
594 | | - | disabilities. Notwithstanding any other provisions of law, an |
---|
595 | | - | Illinois Person with a Disability Identification Card, or |
---|
596 | | - | evidence that the Secretary of State has issued an Illinois |
---|
597 | | - | Person with a Disability Identification Card, shall not be |
---|
598 | | - | used by any person other than the person named on such card to |
---|
599 | | - | prove that the person named on such card is a person with a |
---|
600 | | - | disability or for any other purpose unless the card is used for |
---|
601 | | - | the benefit of the person named on such card, and the person |
---|
602 | | - | named on such card consents to such use at the time the card is |
---|
603 | | - | so used. |
---|
604 | | - | An optometrist's determination of a visual disability |
---|
605 | | - | under Section 4A of this Act is acceptable as documentation |
---|
606 | | - | for the purpose of issuing an Illinois Person with a |
---|
607 | | - | Disability Identification Card. |
---|
608 | | - | When medical information is contained on an Illinois |
---|
609 | | - | Person with a Disability Identification Card, the Office of |
---|
610 | | - | the Secretary of State shall not be liable for any actions |
---|
611 | | - | taken based upon that medical information. |
---|
612 | | - | (c) The Secretary of State shall provide that each |
---|
613 | | - | |
---|
614 | | - | |
---|
615 | | - | original or renewal Illinois Identification Card or Illinois |
---|
616 | | - | Person with a Disability Identification Card issued to a |
---|
617 | | - | person under the age of 21 shall be of a distinct nature from |
---|
618 | | - | those Illinois Identification Cards or Illinois Person with a |
---|
619 | | - | Disability Identification Cards issued to individuals 21 years |
---|
620 | | - | of age or older. The color designated for Illinois |
---|
621 | | - | Identification Cards or Illinois Person with a Disability |
---|
622 | | - | Identification Cards for persons under the age of 21 shall be |
---|
623 | | - | at the discretion of the Secretary of State. |
---|
624 | | - | (c-1) Each original or renewal Illinois Identification |
---|
625 | | - | Card or Illinois Person with a Disability Identification Card |
---|
626 | | - | issued to a person under the age of 21 shall display the date |
---|
627 | | - | upon which the person becomes 18 years of age and the date upon |
---|
628 | | - | which the person becomes 21 years of age. |
---|
629 | | - | (c-3) The General Assembly recognizes the need to identify |
---|
630 | | - | military veterans living in this State for the purpose of |
---|
631 | | - | ensuring that they receive all of the services and benefits to |
---|
632 | | - | which they are legally entitled, including healthcare, |
---|
633 | | - | education assistance, and job placement. To assist the State |
---|
634 | | - | in identifying these veterans and delivering these vital |
---|
635 | | - | services and benefits, the Secretary of State is authorized to |
---|
636 | | - | issue Illinois Identification Cards and Illinois Person with a |
---|
637 | | - | Disability Identification Cards with the word "veteran" |
---|
638 | | - | appearing on the face of the cards. This authorization is |
---|
639 | | - | predicated on the unique status of veterans. The Secretary may |
---|
640 | | - | not issue any other identification card which identifies an |
---|
641 | | - | |
---|
642 | | - | |
---|
643 | | - | occupation, status, affiliation, hobby, or other unique |
---|
644 | | - | characteristics of the identification card holder which is |
---|
645 | | - | unrelated to the purpose of the identification card. |
---|
646 | | - | (c-5) Beginning on or before July 1, 2015, the Secretary |
---|
647 | | - | of State shall designate a space on each original or renewal |
---|
648 | | - | identification card where, at the request of the applicant, |
---|
649 | | - | the word "veteran" shall be placed. The veteran designation |
---|
650 | | - | shall be available to a person identified as a veteran under |
---|
651 | | - | subsection (b) of Section 5 of this Act who was discharged or |
---|
652 | | - | separated under honorable conditions. |
---|
653 | | - | (d) The Secretary of State may issue a Senior Citizen |
---|
654 | | - | discount card, to any natural person who is a resident of the |
---|
655 | | - | State of Illinois who is 60 years of age or older and who |
---|
656 | | - | applies for such a card or renewal thereof. The Secretary of |
---|
657 | | - | State shall charge no fee to issue such card. The card shall be |
---|
658 | | - | issued in every county and applications shall be made |
---|
659 | | - | available at, but not limited to, nutrition sites, senior |
---|
660 | | - | citizen centers and Area Agencies on Aging. The applicant, |
---|
661 | | - | upon receipt of such card and prior to its use for any purpose, |
---|
662 | | - | shall have affixed thereon in the space provided therefor his |
---|
663 | | - | signature or mark. |
---|
664 | | - | (e) The Secretary of State, in his or her discretion, may |
---|
665 | | - | designate on each Illinois Identification Card or Illinois |
---|
666 | | - | Person with a Disability Identification Card a space where the |
---|
667 | | - | card holder may place a sticker or decal, issued by the |
---|
668 | | - | Secretary of State, of uniform size as the Secretary may |
---|
669 | | - | |
---|
670 | | - | |
---|
671 | | - | specify, that shall indicate in appropriate language that the |
---|
672 | | - | card holder has renewed his or her Illinois Identification |
---|
673 | | - | Card or Illinois Person with a Disability Identification Card. |
---|
674 | | - | (Source: P.A. 102-299, eff. 8-6-21.) |
---|
675 | | - | (15 ILCS 335/4D) |
---|
676 | | - | Sec. 4D. Issuance of confidential identification cards. |
---|
677 | | - | (a) Requirements for use of confidential identification |
---|
678 | | - | cards. Confidential identification cards may be issued to |
---|
679 | | - | local, state, and federal government agencies for bona fide |
---|
680 | | - | law enforcement purposes. The identification cards may be |
---|
681 | | - | issued in fictitious names and addresses, and may be used only |
---|
682 | | - | in confidential, investigative, or undercover law enforcement |
---|
683 | | - | operations. Confidential identification cards may be issued as |
---|
684 | | - | REAL ID compliant or standard non-compliant identification |
---|
685 | | - | cards. |
---|
686 | | - | (b) Application procedures for confidential identification |
---|
687 | | - | cards: |
---|
688 | | - | (1) Applications by local, state, and federal |
---|
689 | | - | government agencies for confidential identification cards |
---|
690 | | - | must be made to the Secretary of State Police Department |
---|
691 | | - | on a form and in a manner prescribed by the Secretary of |
---|
692 | | - | State Police Department. |
---|
693 | | - | (2) The application form must include information, as |
---|
694 | | - | specific as possible without compromising investigations |
---|
695 | | - | or techniques, setting forth the need for the |
---|
696 | | - | |
---|
697 | | - | |
---|
698 | | - | identification cards and the uses to which the |
---|
699 | | - | identification cards will be limited. |
---|
700 | | - | (3) The application form must be signed and verified |
---|
701 | | - | by the local, state, or federal government agency head or |
---|
702 | | - | designee. |
---|
703 | | - | (4) Information maintained by the Secretary of State |
---|
704 | | - | Police Department for confidential identification cards |
---|
705 | | - | must show the fictitious names and addresses on all |
---|
706 | | - | records subject to public disclosure. All other |
---|
707 | | - | information concerning these confidential identification |
---|
708 | | - | cards are exempt from disclosure unless the disclosure is |
---|
709 | | - | ordered by a court of competent jurisdiction. |
---|
710 | | - | (c) Cancellation procedures for confidential |
---|
711 | | - | identification cards: |
---|
712 | | - | (1) The Secretary of State Police Department may |
---|
713 | | - | cancel or refuse to renew confidential identification |
---|
714 | | - | cards when they have reasonable cause to believe the cards |
---|
715 | | - | are being used for purposes other than those set forth in |
---|
716 | | - | the application form or authorized by this Section. |
---|
717 | | - | (2) A government agency must request cancellation of |
---|
718 | | - | confidential identification cards that are no longer |
---|
719 | | - | required for the purposes for which they were issued. |
---|
720 | | - | (3) Upon the request of the Secretary of State Police |
---|
721 | | - | Department, all cancelled confidential identification |
---|
722 | | - | cards must be promptly returned to the Secretary of State |
---|
723 | | - | Police Department by the government agency to which they |
---|
724 | | - | |
---|
725 | | - | |
---|
726 | | - | were issued. |
---|
727 | | - | (Source: P.A. 100-248, eff. 8-22-17.) |
---|
728 | | - | (15 ILCS 335/5) (from Ch. 124, par. 25) |
---|
729 | | - | Sec. 5. Applications. |
---|
730 | | - | (a) Any natural person who is a resident of the State of |
---|
731 | | - | Illinois may file an application for an identification card, |
---|
732 | | - | or for the renewal thereof, in a manner prescribed by the |
---|
733 | | - | Secretary. Each original application shall be completed by the |
---|
734 | | - | applicant in full and shall set forth the legal name, |
---|
735 | | - | residence address and zip code, social security number, if the |
---|
736 | | - | person has a social security number, birth date, sex and a |
---|
737 | | - | brief description of the applicant. The applicant shall be |
---|
738 | | - | photographed, unless the Secretary of State has provided by |
---|
739 | | - | rule for the issuance of identification cards without |
---|
740 | | - | photographs and the applicant is deemed eligible for an |
---|
741 | | - | identification card without a photograph under the terms and |
---|
742 | | - | conditions imposed by the Secretary of State, and he or she |
---|
743 | | - | shall also submit any other information as the Secretary may |
---|
744 | | - | deem necessary or such documentation as the Secretary may |
---|
745 | | - | require to determine the identity of the applicant. In |
---|
746 | | - | addition to the residence address, the Secretary may allow the |
---|
747 | | - | applicant to provide a mailing address. If the applicant is a |
---|
748 | | - | judicial officer as defined in Section 1-10 of the Judicial |
---|
749 | | - | Privacy Act or a peace officer, the applicant may elect to have |
---|
750 | | - | his or her office or work address in lieu of the applicant's |
---|
751 | | - | |
---|
752 | | - | |
---|
753 | | - | residence or mailing address. An applicant for an Illinois |
---|
754 | | - | Person with a Disability Identification Card must also submit |
---|
755 | | - | with each original or renewal application, on forms prescribed |
---|
756 | | - | by the Secretary, such documentation as the Secretary may |
---|
757 | | - | require, establishing that the applicant is a "person with a |
---|
758 | | - | disability" as defined in Section 4A of this Act, and setting |
---|
759 | | - | forth the applicant's type and class of disability as set |
---|
760 | | - | forth in Section 4A of this Act. For the purposes of this |
---|
761 | | - | subsection (a), "peace officer" means any person who by virtue |
---|
762 | | - | of his or her office or public employment is vested by law with |
---|
763 | | - | a duty to maintain public order or to make arrests for a |
---|
764 | | - | violation of any penal statute of this State, whether that |
---|
765 | | - | duty extends to all violations or is limited to specific |
---|
766 | | - | violations. |
---|
767 | | - | (a-5) Upon the first issuance of a request for proposals |
---|
768 | | - | for a digital driver's license and identification card |
---|
769 | | - | issuance and facial recognition system issued after January 1, |
---|
770 | | - | 2020 (the effective date of Public Act 101-513), and upon |
---|
771 | | - | implementation of a new or revised system procured pursuant to |
---|
772 | | - | that request for proposals, the Secretary shall permit |
---|
773 | | - | applicants to choose between "male", "female", or "non-binary" |
---|
774 | | - | when designating the applicant's sex on the identification |
---|
775 | | - | card application form. The sex designated by the applicant |
---|
776 | | - | shall be displayed on the identification card issued to the |
---|
777 | | - | applicant. |
---|
778 | | - | (b) Beginning on or before July 1, 2015, for each original |
---|
779 | | - | |
---|
780 | | - | |
---|
781 | | - | or renewal identification card application under this Act, the |
---|
782 | | - | Secretary shall inquire as to whether the applicant is a |
---|
783 | | - | veteran for purposes of issuing an identification card with a |
---|
784 | | - | veteran designation under subsection (c-5) of Section 4 of |
---|
785 | | - | this Act. The acceptable forms of proof shall include, but are |
---|
786 | | - | not limited to, Department of Defense form DD-214, Department |
---|
787 | | - | of Defense form DD-256 for applicants who did not receive a |
---|
788 | | - | form DD-214 upon the completion of initial basic training, |
---|
789 | | - | Department of Defense form DD-2 (Retired), an identification |
---|
790 | | - | card issued under the federal Veterans Identification Card Act |
---|
791 | | - | of 2015, or a United States Department of Veterans Affairs |
---|
792 | | - | summary of benefits letter. If the document cannot be stamped, |
---|
793 | | - | the Illinois Department of Veterans' Affairs shall provide a |
---|
794 | | - | certificate to the veteran to provide to the Secretary of |
---|
795 | | - | State. The Illinois Department of Veterans' Affairs shall |
---|
796 | | - | advise the Secretary as to what other forms of proof of a |
---|
797 | | - | person's status as a veteran are acceptable. |
---|
798 | | - | For each applicant who is issued an identification card |
---|
799 | | - | with a veteran designation, the Secretary shall provide the |
---|
800 | | - | Department of Veterans' Affairs with the applicant's name, |
---|
801 | | - | address, date of birth, gender, and such other demographic |
---|
802 | | - | information as agreed to by the Secretary and the Department. |
---|
803 | | - | The Department may take steps necessary to confirm the |
---|
804 | | - | applicant is a veteran. If after due diligence, including |
---|
805 | | - | writing to the applicant at the address provided by the |
---|
806 | | - | Secretary, the Department is unable to verify the applicant's |
---|
807 | | - | |
---|
808 | | - | |
---|
809 | | - | veteran status, the Department shall inform the Secretary, who |
---|
810 | | - | shall notify the applicant that he or she must confirm status |
---|
811 | | - | as a veteran, or the identification card will be cancelled. |
---|
812 | | - | For purposes of this subsection (b): |
---|
813 | | - | "Armed forces" means any of the Armed Forces of the United |
---|
814 | | - | States, including a member of any reserve component or |
---|
815 | | - | National Guard unit. |
---|
816 | | - | "Veteran" means a person who has served in the armed |
---|
817 | | - | forces and was discharged or separated under honorable |
---|
818 | | - | conditions. |
---|
819 | | - | (c) All applicants for REAL ID compliant standard Illinois |
---|
820 | | - | Identification Cards and Illinois Person with a Disability |
---|
821 | | - | Identification Cards shall provide proof of lawful status in |
---|
822 | | - | the United States as defined in 6 CFR 37.3, as amended. |
---|
823 | | - | Applicants who are unable to provide the Secretary with proof |
---|
824 | | - | of lawful status are ineligible for REAL ID compliant |
---|
825 | | - | identification cards under this Act. |
---|
826 | | - | (d) The Secretary of State may accept, as proof of date of |
---|
827 | | - | birth and written signature for any applicant for a standard |
---|
828 | | - | identification card who does not have a social security number |
---|
829 | | - | or documentation issued by the United States Department of |
---|
830 | | - | Homeland Security authorizing the applicant's presence in this |
---|
831 | | - | country, any passport validly issued to the applicant from the |
---|
832 | | - | applicant's country of citizenship or a consular |
---|
833 | | - | identification document validly issued to the applicant by a |
---|
834 | | - | consulate of that country as defined in Section 5 of the |
---|
835 | | - | |
---|
836 | | - | |
---|
837 | | - | Consular Identification Document Act. Any such documents must |
---|
838 | | - | be either unexpired or presented by an applicant within 2 |
---|
839 | | - | years of its expiration date. |
---|
840 | | - | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; |
---|
841 | | - | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) |
---|
842 | | - | (15 ILCS 335/11) (from Ch. 124, par. 31) |
---|
843 | | - | Sec. 11. Records. |
---|
844 | | - | (a) The Secretary may make a search of his records and |
---|
845 | | - | furnish information as to whether a person has a current |
---|
846 | | - | Standard Illinois Identification Card or an Illinois Person |
---|
847 | | - | with a Disability Identification Card then on file, upon |
---|
848 | | - | receipt of a written application therefor accompanied with the |
---|
849 | | - | prescribed fee. However, the Secretary may not disclose |
---|
850 | | - | medical information concerning an individual to any person, |
---|
851 | | - | public agency, private agency, corporation or governmental |
---|
852 | | - | body unless the individual has submitted a written request for |
---|
853 | | - | the information or unless the individual has given prior |
---|
854 | | - | written consent for the release of the information to a |
---|
855 | | - | specific person or entity. This exception shall not apply to: |
---|
856 | | - | (1) offices and employees of the Secretary who have a need to |
---|
857 | | - | know the medical information in performance of their official |
---|
858 | | - | duties, or (2) orders of a court of competent jurisdiction. |
---|
859 | | - | When medical information is disclosed by the Secretary in |
---|
860 | | - | accordance with the provisions of this Section, no liability |
---|
861 | | - | shall rest with the Office of the Secretary of State as the |
---|
862 | | - | |
---|
863 | | - | |
---|
864 | | - | information is released for informational purposes only. |
---|
865 | | - | (b) Except as otherwise provided in this Section, the |
---|
866 | | - | Secretary may release personally identifying information only |
---|
867 | | - | to: |
---|
868 | | - | (1) officers and employees of the Secretary who have a |
---|
869 | | - | need to know that information for issuance of driver's |
---|
870 | | - | licenses, permits, or identification cards and |
---|
871 | | - | investigation of fraud or misconduct; |
---|
872 | | - | (2) other governmental agencies for use in their |
---|
873 | | - | official governmental functions; |
---|
874 | | - | (3) law enforcement agencies for a criminal or civil |
---|
875 | | - | investigation, except as restricted by subsections (g) and |
---|
876 | | - | (h); |
---|
877 | | - | (3-5) the State Board of Elections as may be required |
---|
878 | | - | by an agreement the State Board of Elections has entered |
---|
879 | | - | into with a multi-state voter registration list |
---|
880 | | - | maintenance system; or |
---|
881 | | - | (4) any entity that the Secretary has authorized, by |
---|
882 | | - | rule. |
---|
883 | | - | (c) Except as otherwise provided in this Section, the |
---|
884 | | - | Secretary may release highly restricted personal information |
---|
885 | | - | only to: |
---|
886 | | - | (1) officers and employees of the Secretary who have a |
---|
887 | | - | need to access the information for the issuance of |
---|
888 | | - | driver's licenses, permits, or identification cards and |
---|
889 | | - | investigation of fraud or misconduct; |
---|
890 | | - | |
---|
891 | | - | |
---|
892 | | - | (2) law enforcement officials for a criminal or civil |
---|
893 | | - | law enforcement investigation, except as restricted by |
---|
894 | | - | subsections (g) and (h); |
---|
895 | | - | (3) the State Board of Elections for the purpose of |
---|
896 | | - | providing the signature for completion of voter |
---|
897 | | - | registration; or |
---|
898 | | - | (4) any other entity the Secretary has authorized by |
---|
899 | | - | rule. |
---|
900 | | - | (d) Documents required to be submitted with an application |
---|
901 | | - | for an identification card to prove the applicant's identity |
---|
902 | | - | (name and date of birth), social security number or lack of a |
---|
903 | | - | social security number, written signature, residency, and, as |
---|
904 | | - | applicable, citizenship and immigration proof of lawful status |
---|
905 | | - | and country of citizenship shall be confidential and shall not |
---|
906 | | - | be disclosed except to the following persons: |
---|
907 | | - | (1) the individual to whom the identification card was |
---|
908 | | - | issued, upon written request; |
---|
909 | | - | (2) officers and employees of the Secretary of State |
---|
910 | | - | who have a need to have access to the stored images for |
---|
911 | | - | purposes of issuing and controlling driver's licenses, |
---|
912 | | - | permits, or identification cards and investigation of |
---|
913 | | - | fraud or misconduct; |
---|
914 | | - | (3) law enforcement officials for a civil or criminal |
---|
915 | | - | law enforcement investigation, except as restricted by |
---|
916 | | - | subsections (g) and (h); |
---|
917 | | - | (4) other entities that the Secretary may authorize by |
---|
918 | | - | |
---|
919 | | - | |
---|
920 | | - | rule. |
---|
921 | | - | (e) The Secretary may not disclose an individual's social |
---|
922 | | - | security number or any associated information obtained from |
---|
923 | | - | the Social Security Administration without the written request |
---|
924 | | - | or consent of the individual except: (i) to officers and |
---|
925 | | - | employees of the Secretary who have a need to know the social |
---|
926 | | - | security number in the performance of their official duties; |
---|
927 | | - | (ii) except as restricted by subsections (g) and (h) to law |
---|
928 | | - | enforcement officials for a civil or criminal law enforcement |
---|
929 | | - | investigation if an officer of the law enforcement agency has |
---|
930 | | - | made a written request to the Secretary specifying the law |
---|
931 | | - | enforcement investigation for which the social security number |
---|
932 | | - | is being sought; (iii) under a lawful court order signed by a |
---|
933 | | - | judge; (iv) to the Illinois Department of Veterans' Affairs |
---|
934 | | - | for the purpose of confirming veteran status to agencies in |
---|
935 | | - | other states responsible for the issuance of state |
---|
936 | | - | identification cards for participation in State-to-State |
---|
937 | | - | verification service; or (v) the last 4 digits to the Illinois |
---|
938 | | - | State Board of Elections for purposes of voter registration |
---|
939 | | - | and as may be required pursuant to an agreement for a |
---|
940 | | - | multi-state voter registration list maintenance system. The |
---|
941 | | - | Secretary retains the right to require additional verification |
---|
942 | | - | regarding the validity of a request from law enforcement. If |
---|
943 | | - | social security information is disclosed by the Secretary in |
---|
944 | | - | accordance with this Section, no liability shall rest with the |
---|
945 | | - | Office of the Secretary of State or any of its officers or |
---|
946 | | - | |
---|
947 | | - | |
---|
948 | | - | employees, as the information is released for official |
---|
949 | | - | purposes only. |
---|
950 | | - | (f) The Secretary of State shall not provide facial |
---|
951 | | - | recognition search services or photographs obtained in the |
---|
952 | | - | process of issuing an identification card to any federal, |
---|
953 | | - | State, or local law enforcement agency or other governmental |
---|
954 | | - | entity for the purpose of enforcing federal immigration laws. |
---|
955 | | - | This subsection shall not apply to requests from federal, |
---|
956 | | - | State, or local law enforcement agencies or other governmental |
---|
957 | | - | entities for facial recognition search services or photographs |
---|
958 | | - | obtained in the process of issuing a driver's license or |
---|
959 | | - | permit when the purpose of the request relates to criminal |
---|
960 | | - | activity other than violations of immigration laws. |
---|
961 | | - | (g) Notwithstanding any other provision of law, the |
---|
962 | | - | Secretary may not release highly restricted personal |
---|
963 | | - | information or personally identifying information or disclose |
---|
964 | | - | documents described in subsection (d) to any immigration |
---|
965 | | - | agent, as defined in Section 10 of the Illinois TRUST Act, |
---|
966 | | - | unless necessary to comply with the following, to the extent |
---|
967 | | - | that production of such information or documents is |
---|
968 | | - | specifically required: |
---|
969 | | - | (1) a lawful court order; |
---|
970 | | - | (2) a judicial warrant signed by a judge appointed |
---|
971 | | - | pursuant to Article III of the Constitution of the United |
---|
972 | | - | States; or |
---|
973 | | - | (3) a subpoena for individual records issued by a |
---|
974 | | - | |
---|
975 | | - | |
---|
976 | | - | federal or State court. |
---|
977 | | - | When responding to such a court order, warrant, or |
---|
978 | | - | subpoena, the Secretary shall disclose only those documents or |
---|
979 | | - | information specifically requested. Within 3 business days of |
---|
980 | | - | receiving such a court order, warrant, or subpoena, the |
---|
981 | | - | Secretary shall send a notification to the individual about |
---|
982 | | - | whom such information was requested that a court order, |
---|
983 | | - | warrant, or subpoena was received and the identity of the |
---|
984 | | - | entity that presented the court order, warrant, or subpoena. |
---|
985 | | - | (h) The Secretary shall not enter into or maintain any |
---|
986 | | - | agreement regarding the sharing of any highly restricted |
---|
987 | | - | personal information or personally identifying information or |
---|
988 | | - | documents described in subsection (d) unless all other parties |
---|
989 | | - | to such agreement certify that the information obtained will |
---|
990 | | - | not be used for civil immigration purposes or knowingly |
---|
991 | | - | disseminated to any third party for any purpose related to |
---|
992 | | - | civil immigration enforcement. |
---|
993 | | - | (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) |
---|
994 | | - | Section 20. The Illinois Vehicle Code is amended by |
---|
995 | | - | changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1, |
---|
996 | | - | 6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as |
---|
997 | | - | follows: |
---|
998 | | - | (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100) |
---|
999 | | - | Sec. 6-100. Definitions. For the purposes of this Chapter, |
---|
1000 | | - | |
---|
1001 | | - | |
---|
1002 | | - | the following words shall have the meanings ascribed to them: |
---|
1003 | | - | (a) Application Process. The process of obtaining a |
---|
1004 | | - | driver's license, identification card, or permit. The process |
---|
1005 | | - | begins when a person enters a Secretary of State Driver |
---|
1006 | | - | Services facility and requests a driver's license, |
---|
1007 | | - | identification card or permit. |
---|
1008 | | - | (b) Conviction. A final adjudication of guilty by a court |
---|
1009 | | - | of competent jurisdiction either after a bench trial, trial by |
---|
1010 | | - | jury, plea of guilty, order of forfeiture, or default. |
---|
1011 | | - | (c) Identification Card. A document made or issued by or |
---|
1012 | | - | under the authority of the United States Government, the State |
---|
1013 | | - | of Illinois or any other state or political subdivision |
---|
1014 | | - | thereof, or any governmental or quasi-governmental |
---|
1015 | | - | organization that, when completed with information concerning |
---|
1016 | | - | the individual, is of a type intended or commonly accepted for |
---|
1017 | | - | the purpose of identifying the individual. |
---|
1018 | | - | (d) Standard Non-compliant driver's license. A driver's |
---|
1019 | | - | license issued in a manner which is not compliant with the REAL |
---|
1020 | | - | ID Act and implementing regulations. Standard Non-compliant |
---|
1021 | | - | driver's licenses shall be marked "Federal Limits Apply" "Not |
---|
1022 | | - | for Federal Identification" and shall have a color or design |
---|
1023 | | - | different from the REAL ID compliant driver's license. |
---|
1024 | | - | (e) REAL ID compliant driver's license. A driver's license |
---|
1025 | | - | issued in compliance with the REAL ID Act and implementing |
---|
1026 | | - | regulations. REAL ID compliant driver's licenses shall bear a |
---|
1027 | | - | security marking approved by the United States Department of |
---|
1028 | | - | |
---|
1029 | | - | |
---|
1030 | | - | Homeland Security. |
---|
1031 | | - | (f) Limited Term REAL ID compliant driver's license. A |
---|
1032 | | - | REAL ID compliant driver's license issued to a person who is |
---|
1033 | | - | not a permanent resident or citizen of the United States, or an |
---|
1034 | | - | individual who has an approved application for asylum in the |
---|
1035 | | - | United States or has entered the United States in refugee |
---|
1036 | | - | status, and marked "Limited Term" on the face of the license. |
---|
1037 | | - | (Source: P.A. 100-248, eff. 8-22-17.) |
---|
1038 | | - | (625 ILCS 5/6-100.5) |
---|
1039 | | - | Sec. 6-100.5. Issuance of REAL ID compliant and standard |
---|
1040 | | - | non-compliant driver's licenses. The Secretary of State may |
---|
1041 | | - | issue both REAL ID compliant driver's licenses and standard |
---|
1042 | | - | non-compliant driver's licenses, and may permit applicants to |
---|
1043 | | - | designate which type of driver's license they wish to receive. |
---|
1044 | | - | All provisions of this Code applicable to standard |
---|
1045 | | - | non-compliant driver's licenses shall also apply to REAL ID |
---|
1046 | | - | compliant driver's licenses, except where the provisions are |
---|
1047 | | - | inconsistent with the REAL ID Act and implementing |
---|
1048 | | - | regulations. The Secretary shall establish by rule the date on |
---|
1049 | | - | which issuance of REAL ID compliant driver's licenses will |
---|
1050 | | - | begin. |
---|
1051 | | - | (Source: P.A. 100-248, eff. 8-22-17.) |
---|
1052 | | - | (625 ILCS 5/6-105.1) |
---|
1053 | | - | Sec. 6-105.1. Temporary visitor's driver's license. |
---|
1054 | | - | |
---|
1055 | | - | |
---|
1056 | | - | (a) The Secretary of State may issue a temporary visitor's |
---|
1057 | | - | driver's license to a foreign national who (i) resides in this |
---|
1058 | | - | State, (ii) is ineligible to obtain a social security number, |
---|
1059 | | - | and (iii) presents to the Secretary documentation, issued by |
---|
1060 | | - | United States Citizenship and Immigration Services, |
---|
1061 | | - | authorizing the person's presence in this country. |
---|
1062 | | - | (a-5) The Secretary of State may issue a temporary |
---|
1063 | | - | visitor's driver's license to an applicant who (i) has resided |
---|
1064 | | - | in this State for a period in excess of one year, (ii) is |
---|
1065 | | - | ineligible to obtain a social security number, and (iii) is |
---|
1066 | | - | unable to present documentation issued by the United States |
---|
1067 | | - | Citizenship and Immigration Services authorizing the person's |
---|
1068 | | - | presence in this country. The applicant shall submit a valid |
---|
1069 | | - | unexpired passport from the applicant's country of citizenship |
---|
1070 | | - | or a valid unexpired consular identification document issued |
---|
1071 | | - | by a consulate of that country as defined in Section 5 of the |
---|
1072 | | - | Consular Identification Document Act (5 ILCS 230/5). |
---|
1073 | | - | (a-10) Applicants for a temporary visitor's driver's |
---|
1074 | | - | license who are under 18 years of age at the time of |
---|
1075 | | - | application shall be subject to the provisions of Sections |
---|
1076 | | - | 6-107 and 6-108 of this Code. |
---|
1077 | | - | (b) A temporary visitor's driver's license issued under |
---|
1078 | | - | subsection (a) is valid for 3 years, or for the period of time |
---|
1079 | | - | the individual is authorized to remain in this country, |
---|
1080 | | - | whichever ends sooner. A temporary visitor's driver's license |
---|
1081 | | - | issued under subsection (a-5) shall be valid for a period of 3 |
---|
1082 | | - | |
---|
1083 | | - | |
---|
1084 | | - | years. |
---|
1085 | | - | (b-5) A temporary visitor's driver's license issued under |
---|
1086 | | - | this Section may not be accepted for proof of the holder's |
---|
1087 | | - | identity. A temporary visitor's driver's license issued under |
---|
1088 | | - | this Section shall contain a notice on its face, in |
---|
1089 | | - | capitalized letters, stating that the temporary visitor's |
---|
1090 | | - | driver's license may not be accepted for proof of identity. |
---|
1091 | | - | (c) The Secretary shall adopt rules for implementing this |
---|
1092 | | - | Section, including rules: |
---|
1093 | | - | (1) regarding the design and content of the temporary |
---|
1094 | | - | visitor's driver's license; |
---|
1095 | | - | (2) establishing criteria for proof of identification |
---|
1096 | | - | and residency of an individual applying under subsection |
---|
1097 | | - | (a-5); |
---|
1098 | | - | (3) designating acceptable evidence that an applicant |
---|
1099 | | - | is not eligible for a social security number; and |
---|
1100 | | - | (4) regarding the issuance of temporary visitor's |
---|
1101 | | - | instruction permits. |
---|
1102 | | - | (d) Any person to whom the Secretary of State may issue a |
---|
1103 | | - | temporary visitor's driver's license shall be subject to any |
---|
1104 | | - | and all provisions of this Code and any and all implementing |
---|
1105 | | - | regulations issued by the Secretary of State to the same |
---|
1106 | | - | extent as any person issued a driver's license, unless |
---|
1107 | | - | otherwise provided in this Code or by administrative rule, |
---|
1108 | | - | including but not limited to the examination requirements in |
---|
1109 | | - | Section 6-109 as well as the mandatory insurance requirements |
---|
1110 | | - | |
---|
1111 | | - | |
---|
1112 | | - | and penalties set forth in Article VI of Chapter 7 of this |
---|
1113 | | - | Code. |
---|
1114 | | - | (d-5) A temporary visitor's driver's license is invalid if |
---|
1115 | | - | the holder is unable to provide proof of liability insurance |
---|
1116 | | - | as required by Section 7-601 of this Code upon the request of a |
---|
1117 | | - | law enforcement officer, in which case the holder commits a |
---|
1118 | | - | violation of Section 6-101 of this Code. |
---|
1119 | | - | (e) Temporary visitor's driver's licenses shall be issued |
---|
1120 | | - | from a central location after the Secretary of State has |
---|
1121 | | - | verified the information provided by the applicant. |
---|
1122 | | - | (f) There is created in the State treasury a special fund |
---|
1123 | | - | to be known as the Driver Services Administration Fund. All |
---|
1124 | | - | fees collected for the issuance of temporary visitor's |
---|
1125 | | - | driver's licenses shall be deposited into the Fund. These |
---|
1126 | | - | funds shall, subject to appropriation, be used by the Office |
---|
1127 | | - | of the Secretary of State for costs related to the issuance of |
---|
1128 | | - | temporary visitor's driver's licenses, and other operational |
---|
1129 | | - | costs, including personnel, facilities, computer programming, |
---|
1130 | | - | and data transmission. |
---|
1131 | | - | (g) No temporary visitor's driver's licenses shall be |
---|
1132 | | - | issued after the effective date of this amendatory Act of the |
---|
1133 | | - | 103rd General Assembly. |
---|
1134 | | - | (Source: P.A. 97-1157, eff. 11-28-13.) |
---|
1135 | | - | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) |
---|
1136 | | - | Sec. 6-106. Application for license or instruction permit. |
---|
1137 | | - | |
---|
1138 | | - | |
---|
1139 | | - | (a) Every application for any permit or license authorized |
---|
1140 | | - | to be issued under this Code shall be made upon a form |
---|
1141 | | - | furnished by the Secretary of State. Every application shall |
---|
1142 | | - | be accompanied by the proper fee and payment of such fee shall |
---|
1143 | | - | entitle the applicant to not more than 3 attempts to pass the |
---|
1144 | | - | examination within a period of one year after the date of |
---|
1145 | | - | application. |
---|
1146 | | - | (b) Every application shall state the legal name, social |
---|
1147 | | - | security number, zip code, date of birth, sex, and residence |
---|
1148 | | - | address of the applicant; briefly describe the applicant; |
---|
1149 | | - | state whether the applicant has theretofore been licensed as a |
---|
1150 | | - | driver, and, if so, when and by what state or country, and |
---|
1151 | | - | whether any such license has ever been cancelled, suspended, |
---|
1152 | | - | revoked or refused, and, if so, the date and reason for such |
---|
1153 | | - | cancellation, suspension, revocation or refusal; shall include |
---|
1154 | | - | an affirmation by the applicant that all information set forth |
---|
1155 | | - | is true and correct; and shall bear the applicant's signature. |
---|
1156 | | - | In addition to the residence address, the Secretary may allow |
---|
1157 | | - | the applicant to provide a mailing address. In the case of an |
---|
1158 | | - | applicant who is a judicial officer or peace officer, the |
---|
1159 | | - | Secretary may allow the applicant to provide an office or work |
---|
1160 | | - | address in lieu of a residence or mailing address. The |
---|
1161 | | - | application form may also require the statement of such |
---|
1162 | | - | additional relevant information as the Secretary of State |
---|
1163 | | - | shall deem necessary to determine the applicant's competency |
---|
1164 | | - | and eligibility. The Secretary of State may, in his |
---|
1165 | | - | |
---|
1166 | | - | |
---|
1167 | | - | discretion, by rule or regulation, provide that an application |
---|
1168 | | - | for a drivers license or permit may include a suitable |
---|
1169 | | - | photograph of the applicant in the form prescribed by the |
---|
1170 | | - | Secretary, and he may further provide that each drivers |
---|
1171 | | - | license shall include a photograph of the driver. The |
---|
1172 | | - | Secretary of State may utilize a photograph process or system |
---|
1173 | | - | most suitable to deter alteration or improper reproduction of |
---|
1174 | | - | a drivers license and to prevent substitution of another photo |
---|
1175 | | - | thereon. For the purposes of this subsection (b), "peace |
---|
1176 | | - | officer" means any person who by virtue of his or her office or |
---|
1177 | | - | public employment is vested by law with a duty to maintain |
---|
1178 | | - | public order or to make arrests for a violation of any penal |
---|
1179 | | - | statute of this State, whether that duty extends to all |
---|
1180 | | - | violations or is limited to specific violations. |
---|
1181 | | - | (b-1) Every application shall state the social security |
---|
1182 | | - | number of the applicant; except if the applicant is applying |
---|
1183 | | - | for a standard driver's license and, on the date of |
---|
1184 | | - | application, is ineligible for a social security number, then: |
---|
1185 | | - | (1) if the applicant has documentation, issued by the |
---|
1186 | | - | United States Department of Homeland Security, authorizing |
---|
1187 | | - | the applicant's presence in this country, the applicant |
---|
1188 | | - | shall provide such documentation instead of a social |
---|
1189 | | - | security number; and |
---|
1190 | | - | (2) if the applicant does not have documentation |
---|
1191 | | - | described in paragraph (1), the applicant shall provide, |
---|
1192 | | - | instead of a social security number, the following: |
---|
1193 | | - | |
---|
1194 | | - | |
---|
1195 | | - | (A) documentation establishing that the applicant |
---|
1196 | | - | has resided in this State for a period in excess of one |
---|
1197 | | - | year; |
---|
1198 | | - | (B) a passport validly issued to the applicant |
---|
1199 | | - | from the applicant's country of citizenship or a |
---|
1200 | | - | consular identification document validly issued to the |
---|
1201 | | - | applicant by a consulate of that country as defined in |
---|
1202 | | - | Section 5 of the Consular Identification Document Act, |
---|
1203 | | - | as long as such documents are either unexpired or |
---|
1204 | | - | presented by an applicant within 2 years of its |
---|
1205 | | - | expiration date; and |
---|
1206 | | - | (C) a social security card, if the applicant has a |
---|
1207 | | - | social security number. |
---|
1208 | | - | (b-3) Upon the first issuance of a request for proposals |
---|
1209 | | - | for a digital driver's license and identification card |
---|
1210 | | - | issuance and facial recognition system issued after January 1, |
---|
1211 | | - | 2020 (the effective date of Public Act 101-513), and upon |
---|
1212 | | - | implementation of a new or revised system procured pursuant to |
---|
1213 | | - | that request for proposals, the Secretary shall permit |
---|
1214 | | - | applicants to choose between "male", "female" or "non-binary" |
---|
1215 | | - | when designating the applicant's sex on the driver's license |
---|
1216 | | - | application form. The sex designated by the applicant shall be |
---|
1217 | | - | displayed on the driver's license issued to the applicant. |
---|
1218 | | - | (b-5) Every applicant for a REAL ID compliant driver's |
---|
1219 | | - | license or permit shall provide proof of lawful status in the |
---|
1220 | | - | United States as defined in 6 CFR 37.3, as amended. Applicants |
---|
1221 | | - | |
---|
1222 | | - | |
---|
1223 | | - | who are unable to provide the Secretary with proof of lawful |
---|
1224 | | - | status may apply for a driver's license or permit under |
---|
1225 | | - | Section 6-105.1 of this Code. |
---|
1226 | | - | (c) The application form shall include a notice to the |
---|
1227 | | - | applicant of the registration obligations of sex offenders |
---|
1228 | | - | under the Sex Offender Registration Act. The notice shall be |
---|
1229 | | - | provided in a form and manner prescribed by the Secretary of |
---|
1230 | | - | State. For purposes of this subsection (c), "sex offender" has |
---|
1231 | | - | the meaning ascribed to it in Section 2 of the Sex Offender |
---|
1232 | | - | Registration Act. |
---|
1233 | | - | (d) Any male United States citizen or immigrant who |
---|
1234 | | - | applies for any permit or license authorized to be issued |
---|
1235 | | - | under this Code or for a renewal of any permit or license, and |
---|
1236 | | - | who is at least 18 years of age but less than 26 years of age, |
---|
1237 | | - | must be registered in compliance with the requirements of the |
---|
1238 | | - | federal Military Selective Service Act. The Secretary of State |
---|
1239 | | - | must forward in an electronic format the necessary personal |
---|
1240 | | - | information regarding the applicants identified in this |
---|
1241 | | - | subsection (d) to the Selective Service System. The |
---|
1242 | | - | applicant's signature on the application serves as an |
---|
1243 | | - | indication that the applicant either has already registered |
---|
1244 | | - | with the Selective Service System or that he is authorizing |
---|
1245 | | - | the Secretary to forward to the Selective Service System the |
---|
1246 | | - | necessary information for registration. The Secretary must |
---|
1247 | | - | notify the applicant at the time of application that his |
---|
1248 | | - | signature constitutes consent to registration with the |
---|
1249 | | - | |
---|
1250 | | - | |
---|
1251 | | - | Selective Service System, if he is not already registered. |
---|
1252 | | - | (e) Beginning on or before July 1, 2015, for each original |
---|
1253 | | - | or renewal driver's license application under this Code, the |
---|
1254 | | - | Secretary shall inquire as to whether the applicant is a |
---|
1255 | | - | veteran for purposes of issuing a driver's license with a |
---|
1256 | | - | veteran designation under subsection (e-5) of Section 6-110 of |
---|
1257 | | - | this Code. The acceptable forms of proof shall include, but |
---|
1258 | | - | are not limited to, Department of Defense form DD-214, |
---|
1259 | | - | Department of Defense form DD-256 for applicants who did not |
---|
1260 | | - | receive a form DD-214 upon the completion of initial basic |
---|
1261 | | - | training, Department of Defense form DD-2 (Retired), an |
---|
1262 | | - | identification card issued under the federal Veterans |
---|
1263 | | - | Identification Card Act of 2015, or a United States Department |
---|
1264 | | - | of Veterans Affairs summary of benefits letter. If the |
---|
1265 | | - | document cannot be stamped, the Illinois Department of |
---|
1266 | | - | Veterans' Affairs shall provide a certificate to the veteran |
---|
1267 | | - | to provide to the Secretary of State. The Illinois Department |
---|
1268 | | - | of Veterans' Affairs shall advise the Secretary as to what |
---|
1269 | | - | other forms of proof of a person's status as a veteran are |
---|
1270 | | - | acceptable. |
---|
1271 | | - | For each applicant who is issued a driver's license with a |
---|
1272 | | - | veteran designation, the Secretary shall provide the |
---|
1273 | | - | Department of Veterans' Affairs with the applicant's name, |
---|
1274 | | - | address, date of birth, gender and such other demographic |
---|
1275 | | - | information as agreed to by the Secretary and the Department. |
---|
1276 | | - | The Department may take steps necessary to confirm the |
---|
1277 | | - | |
---|
1278 | | - | |
---|
1279 | | - | applicant is a veteran. If after due diligence, including |
---|
1280 | | - | writing to the applicant at the address provided by the |
---|
1281 | | - | Secretary, the Department is unable to verify the applicant's |
---|
1282 | | - | veteran status, the Department shall inform the Secretary, who |
---|
1283 | | - | shall notify the applicant that he or she must confirm status |
---|
1284 | | - | as a veteran, or the driver's license will be cancelled. |
---|
1285 | | - | For purposes of this subsection (e): |
---|
1286 | | - | "Armed forces" means any of the Armed Forces of the United |
---|
1287 | | - | States, including a member of any reserve component or |
---|
1288 | | - | National Guard unit. |
---|
1289 | | - | "Veteran" means a person who has served in the armed |
---|
1290 | | - | forces and was discharged or separated under honorable |
---|
1291 | | - | conditions. |
---|
1292 | | - | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; |
---|
1293 | | - | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) |
---|
1294 | | - | (625 ILCS 5/6-110.1) |
---|
1295 | | - | Sec. 6-110.1. Confidentiality of captured photographs or |
---|
1296 | | - | images. |
---|
1297 | | - | (a) The Secretary of State shall maintain a file on or |
---|
1298 | | - | contract to file all photographs and signatures obtained in |
---|
1299 | | - | the process of issuing a driver's license, permit, or |
---|
1300 | | - | identification card. Except as otherwise provided in this |
---|
1301 | | - | Section, the photographs and signatures shall be confidential |
---|
1302 | | - | and shall not be disclosed except to the following persons: |
---|
1303 | | - | (1) the individual to whom the driver's license or |
---|
1304 | | - | |
---|
1305 | | - | |
---|
1306 | | - | permit was issued, upon written request; |
---|
1307 | | - | (2) officers and employees of the Secretary of State |
---|
1308 | | - | who have a need to have access to the stored images for |
---|
1309 | | - | purposes of issuing and controlling driver's licenses, |
---|
1310 | | - | permits, or identification cards and investigation of |
---|
1311 | | - | fraud or misconduct; |
---|
1312 | | - | (3) law enforcement officials for a civil or criminal |
---|
1313 | | - | law enforcement investigation, except as restricted by |
---|
1314 | | - | section 6-110.3; |
---|
1315 | | - | (3-5) the State Board of Elections for the sole |
---|
1316 | | - | purpose of providing the signatures required by a local |
---|
1317 | | - | election authority to register a voter through an online |
---|
1318 | | - | voter registration system; |
---|
1319 | | - | (3-10) officers and employees of the Secretary of |
---|
1320 | | - | State who have a need to have access to the stored images |
---|
1321 | | - | for purposes of issuing and controlling notary public |
---|
1322 | | - | commissions and for the purpose of providing the |
---|
1323 | | - | signatures required to process online applications for |
---|
1324 | | - | appointment and commission as notaries public; or |
---|
1325 | | - | (4) other entities that the Secretary may authorize by |
---|
1326 | | - | rule. |
---|
1327 | | - | (b) The Secretary of State shall not provide facial |
---|
1328 | | - | recognition search services or photographs obtained in the |
---|
1329 | | - | process of issuing a driver's license or permit to any |
---|
1330 | | - | federal, State, or local law enforcement agency or other |
---|
1331 | | - | governmental entity for the purpose of enforcing federal |
---|
1332 | | - | |
---|
1333 | | - | |
---|
1334 | | - | immigration laws. This subsection shall not apply to requests |
---|
1335 | | - | from federal, State, or local law enforcement agencies or |
---|
1336 | | - | other governmental entities for facial recognition search |
---|
1337 | | - | services or photographs obtained in the process of issuing a |
---|
1338 | | - | driver's license or permit when the purpose of the request |
---|
1339 | | - | relates to criminal activity other than violations of |
---|
1340 | | - | immigration laws. |
---|
1341 | | - | (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) |
---|
1342 | | - | (625 ILCS 5/6-110.2) |
---|
1343 | | - | Sec. 6-110.2. Confidentiality of documents submitted with |
---|
1344 | | - | an application for a driver's license. Documents required to |
---|
1345 | | - | be submitted with an application for a driver's license to |
---|
1346 | | - | prove the applicant's identity (name and date of birth), |
---|
1347 | | - | social security number or lack of a social security number, |
---|
1348 | | - | written signature, residency, and, as applicable, citizenship |
---|
1349 | | - | or immigration proof of lawful status and country of |
---|
1350 | | - | citizenship shall be confidential and shall not be disclosed |
---|
1351 | | - | except to the following persons: |
---|
1352 | | - | (1) the individual to whom the driver's license or |
---|
1353 | | - | permit was issued, upon written request; |
---|
1354 | | - | (2) officers and employees of the Secretary of State |
---|
1355 | | - | who have a need to have access to the stored images for |
---|
1356 | | - | purposes of issuing and controlling driver's licenses, |
---|
1357 | | - | permits, or identification cards and investigation of |
---|
1358 | | - | fraud or misconduct; |
---|
1359 | | - | |
---|
1360 | | - | |
---|
1361 | | - | (3) law enforcement officials for a civil or criminal |
---|
1362 | | - | law enforcement investigation, except as restricted by |
---|
1363 | | - | Section 6-110.3; |
---|
1364 | | - | (4) other entities that the Secretary may authorize by |
---|
1365 | | - | rule. |
---|
1366 | | - | (Source: P.A. 101-326, eff. 8-9-19.) |
---|
1367 | | - | (625 ILCS 5/6-110.3 new) |
---|
1368 | | - | Sec. 6-110.3. Restrictions on use of information for |
---|
1369 | | - | certain purposes. |
---|
1370 | | - | (a) Notwithstanding any other provision of law, the |
---|
1371 | | - | Secretary may not release or make accessible in any manner any |
---|
1372 | | - | highly restricted personal information as defined in Section |
---|
1373 | | - | 1-125.9 or personally identifying information as defined in |
---|
1374 | | - | Section 1-159.2, provide images, photos, or facial recognition |
---|
1375 | | - | services as described in Section 6-110.1, or disclose |
---|
1376 | | - | documents as described in Section 6-110.2 to any immigration |
---|
1377 | | - | agent as defined in Section 10 of the Illinois TRUST Act, |
---|
1378 | | - | unless necessary to comply with the following, to the extent |
---|
1379 | | - | that production of such information or documents is |
---|
1380 | | - | specifically required: |
---|
1381 | | - | (1) a lawful court order; |
---|
1382 | | - | (2) a judicial warrant signed by a judge appointed |
---|
1383 | | - | pursuant to Article III of the Constitution of the United |
---|
1384 | | - | States; or |
---|
1385 | | - | (3) a subpoena for individual records issued by a |
---|
1386 | | - | |
---|
1387 | | - | |
---|
1388 | | - | federal or State court. |
---|
1389 | | - | When responding to such a court order, warrant, or |
---|
1390 | | - | subpoena, the Secretary shall disclose only those documents or |
---|
1391 | | - | information specifically requested. Within 3 business days of |
---|
1392 | | - | receiving such a court order, warrant, or subpoena, the |
---|
1393 | | - | Secretary shall send a notification to the individual about |
---|
1394 | | - | whom such information was requested that a court order, |
---|
1395 | | - | warrant, or subpoena was received and the identity of the |
---|
1396 | | - | entity that presented the court order, warrant, or subpoena. |
---|
1397 | | - | (b) The Secretary shall not enter into or maintain any |
---|
1398 | | - | agreement regarding the sharing of any highly restricted |
---|
1399 | | - | personal information as defined in Section 1-125.9, personally |
---|
1400 | | - | identifying information as defined in Section 1-159.2, images |
---|
1401 | | - | or photos described in Section 6-110.1, or documents described |
---|
1402 | | - | in Section 6-110.2 unless all other parties to such agreement |
---|
1403 | | - | certify that the information obtained will not be used for |
---|
1404 | | - | civil immigration purposes or knowingly disseminated to any |
---|
1405 | | - | third party for any purpose related to civil immigration |
---|
1406 | | - | enforcement. |
---|
1407 | | - | (625 ILCS 5/6-121) |
---|
1408 | | - | Sec. 6-121. Issuance of confidential drivers' licenses. |
---|
1409 | | - | (a) Requirements for use of confidential drivers' |
---|
1410 | | - | licenses. Confidential drivers' licenses may be issued to |
---|
1411 | | - | local, state, and federal government agencies for bona fide |
---|
1412 | | - | law enforcement purposes. The drivers' licenses may be issued |
---|
1413 | | - | |
---|
1414 | | - | |
---|
1415 | | - | with fictitious names and addresses, and may be used only for |
---|
1416 | | - | confidential, investigative, or undercover law enforcement |
---|
1417 | | - | operations. Confidential drivers' licenses may be issued as |
---|
1418 | | - | REAL ID compliant or standard non-compliant driver's licenses. |
---|
1419 | | - | (b) Application procedures for confidential drivers' |
---|
1420 | | - | licenses: |
---|
1421 | | - | (1) Applications by local, state, and federal |
---|
1422 | | - | government agencies for confidential drivers' licenses |
---|
1423 | | - | must be made to the Secretary of State Police Department |
---|
1424 | | - | on a form and in a manner prescribed by the Secretary of |
---|
1425 | | - | State Police Department. |
---|
1426 | | - | (2) The application form must include information, as |
---|
1427 | | - | specific as possible without compromising investigations |
---|
1428 | | - | or techniques, setting forth the need for the drivers' |
---|
1429 | | - | licenses and the uses to which the licenses will be |
---|
1430 | | - | limited. |
---|
1431 | | - | (3) The application form must be signed and verified |
---|
1432 | | - | by the local, state, or federal government agency head or |
---|
1433 | | - | designee. |
---|
1434 | | - | (4) Registration information maintained by the |
---|
1435 | | - | Secretary of State Police Department for confidential |
---|
1436 | | - | drivers' licenses must show the fictitious names and |
---|
1437 | | - | addresses on all records subject to public disclosure. All |
---|
1438 | | - | other information concerning these confidential drivers' |
---|
1439 | | - | licenses are exempt from disclosure unless the disclosure |
---|
1440 | | - | is ordered by a court of competent jurisdiction. |
---|
1441 | | - | |
---|
1442 | | - | |
---|
1443 | | - | (c) Revocation and cancellation procedures for |
---|
1444 | | - | confidential drivers' licenses: |
---|
1445 | | - | (1) The Secretary of State Police Department may |
---|
1446 | | - | revoke or refuse to renew confidential drivers' licenses |
---|
1447 | | - | when they have reasonable cause to believe the licenses |
---|
1448 | | - | are being used for purposes other than those set forth in |
---|
1449 | | - | the application form or authorized by this Section. |
---|
1450 | | - | Confidential drivers' licenses may also be revoked where |
---|
1451 | | - | traffic violation citations have been issued to the driver |
---|
1452 | | - | and subsequent investigation reveals that the issuance of |
---|
1453 | | - | the citations was unrelated to the purposes for which the |
---|
1454 | | - | confidential driver's license was issued. In such cases, |
---|
1455 | | - | the citations and any resulting court orders, convictions, |
---|
1456 | | - | supervisions or other sanctions must be treated by the |
---|
1457 | | - | Secretary of State as though they were issued in relation |
---|
1458 | | - | to the true driver's license of the individual to whom the |
---|
1459 | | - | confidential driver's license was issued. |
---|
1460 | | - | (2) A government agency must request cancellation of |
---|
1461 | | - | confidential drivers' licenses that are no longer required |
---|
1462 | | - | for the purposes for which they were issued. |
---|
1463 | | - | (3) All revoked confidential drivers' licenses must be |
---|
1464 | | - | promptly returned to the Secretary of State Police |
---|
1465 | | - | Department by the government agency to which they were |
---|
1466 | | - | issued. |
---|
1467 | | - | (Source: P.A. 100-248, eff. 8-22-17.) |
---|
1468 | | - | |
---|
1469 | | - | |
---|
1470 | | - | (625 ILCS 5/6-122) |
---|
1471 | | - | Sec. 6-122. Expedited driver's license. The Secretary of |
---|
1472 | | - | State may provide for an expedited process for the issuance of |
---|
1473 | | - | a driver's license, excluding temporary visitor's driver's |
---|
1474 | | - | licenses. The Secretary shall charge an additional fee for the |
---|
1475 | | - | issuance of an expedited driver's license, to be set by rule, |
---|
1476 | | - | not to exceed $75. All fees collected by the Secretary for |
---|
1477 | | - | expedited driver's license service shall be deposited into the |
---|
1478 | | - | Secretary of State Special Services Fund. The Secretary may |
---|
1479 | | - | adopt rules regarding the eligibility, process, and fee for an |
---|
1480 | | - | expedited driver's license. |
---|
1481 | | - | (Source: P.A. 99-305, eff. 1-1-16.) |
---|
1482 | | - | Section 99. Effective date. This Act takes effect July 1, |
---|
1483 | | - | 2024. |
---|
1484 | | - | INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance |
---|
1485 | | - | INDEX |
---|
1486 | | - | Statutes amended in order of appearance |
---|
| 32 | + | HB3882 Enrolled- 2 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 2 - LRB103 26790 MXP 53153 b |
---|
| 33 | + | HB3882 Enrolled - 2 - LRB103 26790 MXP 53153 b |
---|
| 34 | + | 1 to be in the United States or remain in the United States. |
---|
| 35 | + | 2 (e) The requirements of subsection (a) do not apply if: |
---|
| 36 | + | 3 (1) a federal law, regulation, or directive or a |
---|
| 37 | + | 4 federal court decision requires a State agency or officer |
---|
| 38 | + | 5 or a unit of local government to obtain different |
---|
| 39 | + | 6 identification; |
---|
| 40 | + | 7 (2) a federal law, regulation, or directive preempts |
---|
| 41 | + | 8 state regulation of identification requirements; or |
---|
| 42 | + | 9 (3) a State agency or officer or a unit of local |
---|
| 43 | + | 10 government would be unable to comply with a condition |
---|
| 44 | + | 11 imposed by a funding source which would cause the State |
---|
| 45 | + | 12 agency or officer or unit of local government to lose |
---|
| 46 | + | 13 funds from that source. |
---|
| 47 | + | 14 (f) Nothing in subsection (a) shall be construed to |
---|
| 48 | + | 15 prohibit a State agency or officer or a unit of local |
---|
| 49 | + | 16 government from: |
---|
| 50 | + | 17 (1) requiring additional information from persons in |
---|
| 51 | + | 18 order to verify a current address or other facts that |
---|
| 52 | + | 19 would enable the State agency or officer or unit of local |
---|
| 53 | + | 20 government to fulfill its responsibilities, except that |
---|
| 54 | + | 21 this paragraph (1) does not permit a State agency or |
---|
| 55 | + | 22 officer or a unit of local government to require |
---|
| 56 | + | 23 additional information solely in order to establish |
---|
| 57 | + | 24 identification of the person when the consular |
---|
| 58 | + | 25 identification document is the form of identification |
---|
| 59 | + | 26 presented; |
---|
1490 | | - | INDEX |
---|
1491 | | - | Statutes amended in order of appearance |
---|
| 63 | + | |
---|
| 64 | + | |
---|
| 65 | + | HB3882 Enrolled - 2 - LRB103 26790 MXP 53153 b |
---|
| 66 | + | |
---|
| 67 | + | |
---|
| 68 | + | HB3882 Enrolled- 3 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 3 - LRB103 26790 MXP 53153 b |
---|
| 69 | + | HB3882 Enrolled - 3 - LRB103 26790 MXP 53153 b |
---|
| 70 | + | 1 (2) requiring fingerprints for identification purposes |
---|
| 71 | + | 2 under circumstances where the State agency or officer or |
---|
| 72 | + | 3 unit of local government also requires fingerprints from |
---|
| 73 | + | 4 persons who have a driver's license or Illinois |
---|
| 74 | + | 5 Identification Card; or |
---|
| 75 | + | 6 (3) requiring additional evidence of identification if |
---|
| 76 | + | 7 the State agency or officer or unit of local government |
---|
| 77 | + | 8 reasonably believes that: (A) the consular identification |
---|
| 78 | + | 9 document is forged, fraudulent, or altered; or (B) the |
---|
| 79 | + | 10 holder does not appear to be the same person on the |
---|
| 80 | + | 11 consular identification document. |
---|
| 81 | + | 12 (Source: P.A. 97-1157, eff. 11-28-13.) |
---|
| 82 | + | 13 Section 10. The Election Code is amended by changing |
---|
| 83 | + | 14 Section 1A-16.1 as follows: |
---|
| 84 | + | 15 (10 ILCS 5/1A-16.1) |
---|
| 85 | + | 16 Sec. 1A-16.1. Automatic voter registration; Secretary of |
---|
| 86 | + | 17 State. |
---|
| 87 | + | 18 (a) The Office of the Secretary of State and the State |
---|
| 88 | + | 19 Board of Elections, pursuant to an interagency contract and |
---|
| 89 | + | 20 jointly-adopted rules, shall establish an automatic voter |
---|
| 90 | + | 21 registration program that satisfies the requirements of this |
---|
| 91 | + | 22 Section and other applicable law. |
---|
| 92 | + | 23 (b) If an application, an application for renewal, a |
---|
| 93 | + | 24 change of address form, or a recertification form for a |
---|
| 94 | + | |
---|
| 95 | + | |
---|
| 96 | + | |
---|
| 97 | + | |
---|
| 98 | + | |
---|
| 99 | + | HB3882 Enrolled - 3 - LRB103 26790 MXP 53153 b |
---|
| 100 | + | |
---|
| 101 | + | |
---|
| 102 | + | HB3882 Enrolled- 4 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 4 - LRB103 26790 MXP 53153 b |
---|
| 103 | + | HB3882 Enrolled - 4 - LRB103 26790 MXP 53153 b |
---|
| 104 | + | 1 driver's license, other than a temporary visitor's driver's |
---|
| 105 | + | 2 license, or a State identification card issued by the Office |
---|
| 106 | + | 3 of the Secretary of State meets the requirements of the |
---|
| 107 | + | 4 federal REAL ID Act of 2005, then that application shall serve |
---|
| 108 | + | 5 as a dual-purpose application. The dual-purpose application |
---|
| 109 | + | 6 shall: |
---|
| 110 | + | 7 (1) also serve as an application to register to vote |
---|
| 111 | + | 8 in Illinois; |
---|
| 112 | + | 9 (2) allow an applicant to change his or her registered |
---|
| 113 | + | 10 residence address or name as it appears on the voter |
---|
| 114 | + | 11 registration rolls; |
---|
| 115 | + | 12 (3) provide the applicant with an opportunity to |
---|
| 116 | + | 13 affirmatively decline to register to vote or to change his |
---|
| 117 | + | 14 or her registered residence address or name by providing a |
---|
| 118 | + | 15 check box on the application form without requiring the |
---|
| 119 | + | 16 applicant to state the reason; and |
---|
| 120 | + | 17 (4) unless the applicant declines to register to vote |
---|
| 121 | + | 18 or change his or her registered residence address or name, |
---|
| 122 | + | 19 require the applicant to attest, by signature under |
---|
| 123 | + | 20 penalty of perjury as described in subsection (e) of this |
---|
| 124 | + | 21 Section, to meeting the qualifications to register to vote |
---|
| 125 | + | 22 in Illinois at his or her residence address as indicated |
---|
| 126 | + | 23 on his or her driver's license or identification card |
---|
| 127 | + | 24 dual-purpose application. |
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| 128 | + | 25 (b-5) If an application, an application for renewal, a |
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| 129 | + | 26 change of address form, or a recertification form for a |
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| 130 | + | |
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| 131 | + | |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | HB3882 Enrolled- 5 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 5 - LRB103 26790 MXP 53153 b |
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| 139 | + | HB3882 Enrolled - 5 - LRB103 26790 MXP 53153 b |
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| 140 | + | 1 driver's license, other than a temporary visitor's driver's |
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| 141 | + | 2 license, or a State identification card issued by the Office |
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| 142 | + | 3 of the Secretary of State, other than an application or form |
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| 143 | + | 4 that pertains to a standard driver's license or identification |
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| 144 | + | 5 card and does not list a social security number for the |
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| 145 | + | 6 applicant, does not meet the requirements of the federal REAL |
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| 146 | + | 7 ID Act of 2005, then that application shall serve as a |
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| 147 | + | 8 dual-purpose application. The dual-purpose application shall: |
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| 148 | + | 9 (1) also serve as an application to register to vote |
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| 149 | + | 10 in Illinois; |
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| 150 | + | 11 (2) allow an applicant to change his or her registered |
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| 151 | + | 12 residence address or name as it appears on the voter |
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| 152 | + | 13 registration rolls; and |
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| 153 | + | 14 (3) if the applicant chooses to register to vote or to |
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| 154 | + | 15 change his or her registered residence address or name, |
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| 155 | + | 16 then require the applicant to attest, by a separate |
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| 156 | + | 17 signature under penalty of perjury, to meeting the |
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| 157 | + | 18 qualifications to register to vote in Illinois at his or |
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| 158 | + | 19 her residence address as indicated on his or her |
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| 159 | + | 20 dual-purpose application. |
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| 160 | + | 21 (b-10) The Office of the Secretary of State shall clearly |
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| 161 | + | 22 and conspicuously inform each applicant in writing: (i) of the |
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| 162 | + | 23 qualifications to register to vote in Illinois, (ii) of the |
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| 163 | + | 24 penalties provided by law for submission of a false voter |
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| 164 | + | 25 registration application, (iii) that, unless the applicant |
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| 165 | + | 26 declines to register to vote or update his or her voter |
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| 166 | + | |
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| 167 | + | |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | HB3882 Enrolled - 5 - LRB103 26790 MXP 53153 b |
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| 172 | + | |
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| 173 | + | |
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| 174 | + | HB3882 Enrolled- 6 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 6 - LRB103 26790 MXP 53153 b |
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| 175 | + | HB3882 Enrolled - 6 - LRB103 26790 MXP 53153 b |
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| 176 | + | 1 registration, his or her dual-purpose application shall also |
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| 177 | + | 2 serve as both an application to register to vote and his or her |
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| 178 | + | 3 attestation that he or she meets the eligibility requirements |
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| 179 | + | 4 for voter registration, and that his or her application to |
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| 180 | + | 5 register to vote or update his or her registration will be |
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| 181 | + | 6 transmitted to the State Board of Elections for the purpose of |
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| 182 | + | 7 registering the person to vote at the residence address to be |
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| 183 | + | 8 indicated on his or her driver's license or identification |
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| 184 | + | 9 card, and (iv) that declining to register to vote is |
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| 185 | + | 10 confidential and will not affect any services the person may |
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| 186 | + | 11 be seeking from the Office of the Secretary of State. |
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| 187 | + | 12 (c) The Office of the Secretary of State shall review |
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| 188 | + | 13 information provided to the Office of the Secretary of State |
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| 189 | + | 14 by the State Board of Elections to inform each applicant for a |
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| 190 | + | 15 driver's license or permit, other than a temporary visitor's |
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| 191 | + | 16 driver's license, or a State identification card issued by the |
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| 192 | + | 17 Office of the Secretary of State, other than an application or |
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| 193 | + | 18 form that pertains to a standard driver's license or |
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| 194 | + | 19 identification card and does not list a social security number |
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| 195 | + | 20 for the applicant, whether the applicant is currently |
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| 196 | + | 21 registered to vote in Illinois and, if registered, at what |
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| 197 | + | 22 address. |
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| 198 | + | 23 (d) The Office of the Secretary of State shall not require |
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| 199 | + | 24 an applicant for a driver's license or State identification |
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| 200 | + | 25 card to provide duplicate identification or information in |
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| 201 | + | 26 order to complete an application to register to vote or change |
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| 202 | + | |
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| 203 | + | |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | HB3882 Enrolled - 6 - LRB103 26790 MXP 53153 b |
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| 208 | + | |
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| 209 | + | |
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| 210 | + | HB3882 Enrolled- 7 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 7 - LRB103 26790 MXP 53153 b |
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| 211 | + | HB3882 Enrolled - 7 - LRB103 26790 MXP 53153 b |
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| 212 | + | 1 his or her registered residence address or name. Before |
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| 213 | + | 2 transmitting any personal information about an applicant to |
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| 214 | + | 3 the State Board of Elections, the Office of the Secretary of |
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| 215 | + | 4 State shall review its records of the identification documents |
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| 216 | + | 5 the applicant provided in order to complete the application |
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| 217 | + | 6 for a driver's license or State identification card, to |
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| 218 | + | 7 confirm that nothing in those documents indicates that the |
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| 219 | + | 8 applicant does not satisfy the qualifications to register to |
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| 220 | + | 9 vote in Illinois at his or her residence address. |
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| 221 | + | 10 (e) A completed, signed application for (i) a driver's |
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| 222 | + | 11 license or permit, other than a temporary visitor's driver's |
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| 223 | + | 12 license, or a State identification card issued by the Office |
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| 224 | + | 13 of the Secretary of State, that meets the requirements of the |
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| 225 | + | 14 federal REAL ID Act of 2005; or (ii) a completed application |
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| 226 | + | 15 under subsection (b-5) of this Section with a separate |
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| 227 | + | 16 signature attesting the applicant meets the qualifications to |
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| 228 | + | 17 register to vote in Illinois at his or her residence address as |
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| 229 | + | 18 indicated on his or her application shall constitute a signed |
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| 230 | + | 19 application to register to vote in Illinois at the residence |
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| 231 | + | 20 address indicated in the application unless the person |
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| 232 | + | 21 affirmatively declined in the application to register to vote |
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| 233 | + | 22 or to change his or her registered residence address or name. |
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| 234 | + | 23 If the identification documents provided to complete the |
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| 235 | + | 24 dual-purpose application indicate that he or she does not |
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| 236 | + | 25 satisfy the qualifications to register to vote in Illinois at |
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| 237 | + | 26 his or her residence address, the application shall be marked |
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| 238 | + | |
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| 239 | + | |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | HB3882 Enrolled - 7 - LRB103 26790 MXP 53153 b |
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| 244 | + | |
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| 245 | + | |
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| 246 | + | HB3882 Enrolled- 8 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 8 - LRB103 26790 MXP 53153 b |
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| 247 | + | HB3882 Enrolled - 8 - LRB103 26790 MXP 53153 b |
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| 248 | + | 1 as incomplete. |
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| 249 | + | 2 (f) For each completed and signed application that |
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| 250 | + | 3 constitutes an application to register to vote in Illinois or |
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| 251 | + | 4 provides for a change in the applicant's registered residence |
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| 252 | + | 5 address or name, the Office of the Secretary of State shall |
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| 253 | + | 6 electronically transmit to the State Board of Elections |
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| 254 | + | 7 personal information needed to complete the person's |
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| 255 | + | 8 registration to vote in Illinois at his or her residence |
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| 256 | + | 9 address. The application to register to vote shall be |
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| 257 | + | 10 processed in accordance with Section 1A-16.7. |
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| 258 | + | 11 (g) If the federal REAL ID Act of 2005 is repealed, |
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| 259 | + | 12 abrogated, superseded, or otherwise no longer in effect, then |
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| 260 | + | 13 the State Board of Elections shall establish criteria for |
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| 261 | + | 14 determining reliable personal information indicating |
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| 262 | + | 15 citizenship status and shall adopt rules as necessary for the |
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| 263 | + | 16 Secretary of State to continue processing dual-purpose |
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| 264 | + | 17 applications under this Section. |
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| 265 | + | 18 (h) As used in this Section, "dual-purpose application" |
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| 266 | + | 19 means an application, an application for renewal, a change of |
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| 267 | + | 20 address form, or a recertification form for driver's license |
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| 268 | + | 21 or permit, other than a temporary visitor's driver's license, |
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| 269 | + | 22 or a State identification card offered by the Secretary of |
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| 270 | + | 23 State, other than an application or form that pertains to a |
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| 271 | + | 24 standard driver's license or identification card and does not |
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| 272 | + | 25 list a social security number for the applicant, that also |
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| 273 | + | 26 serves as an application to register to vote in Illinois. |
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| 274 | + | |
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| 275 | + | |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | HB3882 Enrolled - 8 - LRB103 26790 MXP 53153 b |
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| 280 | + | |
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| 281 | + | |
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| 282 | + | HB3882 Enrolled- 9 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 9 - LRB103 26790 MXP 53153 b |
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| 283 | + | HB3882 Enrolled - 9 - LRB103 26790 MXP 53153 b |
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| 284 | + | 1 "Dual-purpose application" does not mean an application under |
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| 285 | + | 2 subsection (c) of Section 6-109 of the Illinois Vehicle Code. |
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| 286 | + | 3 (Source: P.A. 100-464, eff. 8-28-17.) |
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| 287 | + | 4 Section 15. The Illinois Identification Card Act is |
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| 288 | + | 5 amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as |
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| 289 | + | 6 follows: |
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| 290 | + | 7 (15 ILCS 335/1A) |
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| 291 | + | 8 Sec. 1A. Definitions. As used in this Act: |
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| 292 | + | 9 "Highly restricted personal information" means an |
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| 293 | + | 10 individual's photograph, signature, social security number, |
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| 294 | + | 11 and medical or disability information. |
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| 295 | + | 12 "Identification card making implement" means any material, |
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| 296 | + | 13 hardware, or software that is specifically designed for or |
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| 297 | + | 14 primarily used in the manufacture, assembly, issuance, or |
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| 298 | + | 15 authentication of an official identification card issued by |
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| 299 | + | 16 the Secretary of State. |
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| 300 | + | 17 "Fraudulent identification card" means any identification |
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| 301 | + | 18 card that purports to be an official identification card for |
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| 302 | + | 19 which a computerized number and file have not been created by |
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| 303 | + | 20 the Secretary of State, the United States Government or any |
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| 304 | + | 21 state or political subdivision thereof, or any governmental or |
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| 305 | + | 22 quasi-governmental organization. For the purpose of this Act, |
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| 306 | + | 23 any identification card that resembles an official |
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| 307 | + | 24 identification card in either size, color, photograph |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | |
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| 313 | + | HB3882 Enrolled - 9 - LRB103 26790 MXP 53153 b |
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| 315 | + | |
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| 316 | + | HB3882 Enrolled- 10 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 10 - LRB103 26790 MXP 53153 b |
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| 317 | + | HB3882 Enrolled - 10 - LRB103 26790 MXP 53153 b |
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| 318 | + | 1 location, or design or uses the word "official", "state", |
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| 319 | + | 2 "Illinois", or the name of any other state or political |
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| 320 | + | 3 subdivision thereof, or any governmental or quasi-governmental |
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| 321 | + | 4 organization individually or in any combination thereof to |
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| 322 | + | 5 describe or modify the term "identification card" or "I.D. |
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| 323 | + | 6 card" anywhere on the card, or uses a shape in the likeness of |
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| 324 | + | 7 Illinois or any other state on the photograph side of the card, |
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| 325 | + | 8 is deemed to be a fraudulent identification card unless the |
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| 326 | + | 9 words "This is not an official Identification Card", appear |
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| 327 | + | 10 prominently upon it in black colored lettering in 12-point |
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| 328 | + | 11 type on the photograph side of the card, and no such card shall |
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| 329 | + | 12 be smaller in size than 3 inches by 4 inches, and the |
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| 330 | + | 13 photograph shall be on the left side of the card only. |
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| 331 | + | 14 "Legal name" means the full given name and surname of an |
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| 332 | + | 15 individual as recorded at birth, recorded at marriage, or |
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| 333 | + | 16 deemed as the correct legal name for use in reporting income by |
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| 334 | + | 17 the Social Security Administration or the name as otherwise |
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| 335 | + | 18 established through legal action that appears on the |
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| 336 | + | 19 associated official document presented to the Secretary of |
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| 337 | + | 20 State. |
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| 338 | + | 21 "Personally identifying information" means information |
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| 339 | + | 22 that identifies an individual, including his or her |
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| 340 | + | 23 identification card number, name, address (but not the 5-digit |
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| 341 | + | 24 zip code), date of birth, height, weight, hair color, eye |
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| 342 | + | 25 color, email address, and telephone number. |
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| 343 | + | 26 "Homeless person" or "homeless individual" has the same |
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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | |
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| 349 | + | HB3882 Enrolled - 10 - LRB103 26790 MXP 53153 b |
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| 350 | + | |
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| 351 | + | |
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| 352 | + | HB3882 Enrolled- 11 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 11 - LRB103 26790 MXP 53153 b |
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| 353 | + | HB3882 Enrolled - 11 - LRB103 26790 MXP 53153 b |
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| 354 | + | 1 meaning as defined by the federal McKinney-Vento Homeless |
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| 355 | + | 2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). |
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| 356 | + | 3 "Youth for whom the Department of Children and Family |
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| 357 | + | 4 Services is legally responsible" or "foster child" means a |
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| 358 | + | 5 child or youth whose guardianship or custody has been accepted |
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| 359 | + | 6 by the Department of Children and Family Services pursuant to |
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| 360 | + | 7 the Juvenile Court Act of 1987, the Children and Family |
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| 361 | + | 8 Services Act, the Abused and Neglected Child Reporting Act, |
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| 362 | + | 9 and the Adoption Act. This applies to children for whom the |
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| 363 | + | 10 Department of Children and Family Services has temporary |
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| 364 | + | 11 protective custody, custody or guardianship via court order, |
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| 365 | + | 12 or children whose parents have signed an adoptive surrender or |
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| 366 | + | 13 voluntary placement agreement with the Department. |
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| 367 | + | 14 "REAL ID compliant identification card" means a standard |
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| 368 | + | 15 Illinois Identification Card or Illinois Person with a |
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| 369 | + | 16 Disability Identification Card issued in compliance with the |
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| 370 | + | 17 REAL ID Act and implementing regulations. REAL ID compliant |
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| 371 | + | 18 identification cards shall bear a security marking approved by |
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| 372 | + | 19 the United States Department of Homeland Security. |
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| 373 | + | 20 "Standard Non-compliant identification card" means a |
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| 374 | + | 21 standard Illinois Identification Card or Illinois Person with |
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| 375 | + | 22 a Disability Identification Card issued in a manner which is |
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| 376 | + | 23 not compliant with the REAL ID Act and implementing |
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| 377 | + | 24 regulations. Standard Non-compliant identification cards shall |
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| 378 | + | 25 be marked "Federal Limits Apply" "Not for Federal |
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| 379 | + | 26 Identification" and shall have a color or design different |
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| 380 | + | |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | |
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| 385 | + | HB3882 Enrolled - 11 - LRB103 26790 MXP 53153 b |
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| 386 | + | |
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| 387 | + | |
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| 388 | + | HB3882 Enrolled- 12 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 12 - LRB103 26790 MXP 53153 b |
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| 389 | + | HB3882 Enrolled - 12 - LRB103 26790 MXP 53153 b |
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| 390 | + | 1 from the REAL ID compliant identification card. |
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| 391 | + | 2 "Limited Term REAL ID compliant identification card" means |
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| 392 | + | 3 a REAL ID compliant identification card that is issued to |
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| 393 | + | 4 persons who are not permanent residents or citizens of the |
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| 394 | + | 5 United States, or an individual who has an approved |
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| 395 | + | 6 application for asylum in the United States or has entered the |
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| 396 | + | 7 United States in refugee status, and is marked "Limited Term" |
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| 397 | + | 8 on the face of the card. |
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| 398 | + | 9 (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; |
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| 399 | + | 10 101-326, eff. 8-9-19.) |
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| 400 | + | 11 (15 ILCS 335/2) (from Ch. 124, par. 22) |
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| 401 | + | 12 Sec. 2. Administration and powers and duties of the |
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| 402 | + | 13 Administrator. |
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| 403 | + | 14 (a) The Secretary of State is the Administrator of this |
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| 404 | + | 15 Act, and he is charged with the duty of observing, |
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| 405 | + | 16 administering and enforcing the provisions of this Act. |
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| 406 | + | 17 (b) The Secretary is vested with the powers and duties for |
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| 407 | + | 18 the proper administration of this Act as follows: |
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| 408 | + | 19 1. He shall organize the administration of this Act as |
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| 409 | + | 20 he may deem necessary and appoint such subordinate |
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| 410 | + | 21 officers, clerks and other employees as may be necessary. |
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| 411 | + | 22 2. From time to time, he may make, amend or rescind |
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| 412 | + | 23 rules and regulations as may be in the public interest to |
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| 413 | + | 24 implement the Act. |
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| 414 | + | 25 3. He may prescribe or provide suitable forms as |
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| 415 | + | |
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| 416 | + | |
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| 417 | + | |
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| 418 | + | |
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| 419 | + | |
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| 420 | + | HB3882 Enrolled - 12 - LRB103 26790 MXP 53153 b |
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| 421 | + | |
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| 422 | + | |
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| 423 | + | HB3882 Enrolled- 13 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 13 - LRB103 26790 MXP 53153 b |
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| 424 | + | HB3882 Enrolled - 13 - LRB103 26790 MXP 53153 b |
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| 425 | + | 1 necessary, including such forms as are necessary to |
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| 426 | + | 2 establish that an applicant for an Illinois Person with a |
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| 427 | + | 3 Disability Identification Card is a "person with a |
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| 428 | + | 4 disability" as defined in Section 4A of this Act, and |
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| 429 | + | 5 establish that an applicant for a State identification |
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| 430 | + | 6 card is a "homeless person" as defined in Section 1A of |
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| 431 | + | 7 this Act. |
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| 432 | + | 8 4. He may prepare under the seal of the Secretary of |
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| 433 | + | 9 State certified copies of any records utilized under this |
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| 434 | + | 10 Act and any such certified copy shall be admissible in any |
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| 435 | + | 11 proceeding in any court in like manner as the original |
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| 436 | + | 12 thereof. |
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| 437 | + | 13 5. Records compiled under this Act shall be maintained |
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| 438 | + | 14 for 6 years, but the Secretary may destroy such records |
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| 439 | + | 15 with the prior approval of the State Records Commission. |
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| 440 | + | 16 6. He shall examine and determine the genuineness, |
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| 441 | + | 17 regularity and legality of every application filed with |
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| 442 | + | 18 him under this Act, and he may in all cases investigate the |
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| 443 | + | 19 same, require additional information or proof or |
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| 444 | + | 20 documentation from any applicant. |
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| 445 | + | 21 7. He shall require the payment of all fees prescribed |
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| 446 | + | 22 in this Act, and all such fees received by him shall be |
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| 447 | + | 23 placed in the Road Fund of the State treasury except as |
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| 448 | + | 24 otherwise provided in Section 12 of this Act. Whenever any |
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| 449 | + | 25 application to the Secretary for an identification card |
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| 450 | + | 26 under this Act is accompanied by any fee, as required by |
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| 451 | + | |
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| 452 | + | |
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| 453 | + | |
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| 454 | + | |
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| 455 | + | |
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| 456 | + | HB3882 Enrolled - 13 - LRB103 26790 MXP 53153 b |
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| 457 | + | |
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| 458 | + | |
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| 459 | + | HB3882 Enrolled- 14 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 14 - LRB103 26790 MXP 53153 b |
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| 460 | + | HB3882 Enrolled - 14 - LRB103 26790 MXP 53153 b |
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| 461 | + | 1 law, and the application is denied after a review of |
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| 462 | + | 2 eligibility, which may include facial recognition |
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| 463 | + | 3 comparison, the applicant shall not be entitled to a |
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| 464 | + | 4 refund of any fees paid. |
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| 465 | + | 5 8. Beginning July 1, 2017, he shall refuse to issue a |
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| 466 | + | 6 REAL ID compliant identification card under this Act to |
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| 467 | + | 7 any person who has been issued a REAL ID compliant |
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| 468 | + | 8 driver's license under the Illinois Vehicle Code. Any such |
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| 469 | + | 9 person may, at his or her discretion, surrender the REAL |
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| 470 | + | 10 ID compliant driver's license in order to become eligible |
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| 471 | + | 11 to obtain a REAL ID compliant identification card. |
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| 472 | + | 12 9. The Secretary may issue both REAL ID compliant |
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| 473 | + | 13 identification cards and standard non-compliant |
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| 474 | + | 14 identification cards, and may permit applicants to |
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| 475 | + | 15 designate which type of identification card they wish to |
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| 476 | + | 16 receive. All provisions of this Act applicable to standard |
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| 477 | + | 17 non-compliant identification cards shall also apply to |
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| 478 | + | 18 REAL ID compliant identification cards, except where the |
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| 479 | + | 19 provisions are inconsistent with the REAL ID Act and |
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| 480 | + | 20 implementing regulations. The Secretary shall establish by |
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| 481 | + | 21 rule the date on which issuance of REAL ID compliant |
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| 482 | + | 22 identification cards will begin. |
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| 483 | + | 23 (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; |
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| 484 | + | 24 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff. |
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| 485 | + | 25 8-22-17.) |
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| 486 | + | |
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| 487 | + | |
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| 488 | + | |
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| 489 | + | |
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| 490 | + | |
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| 491 | + | HB3882 Enrolled - 14 - LRB103 26790 MXP 53153 b |
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| 492 | + | |
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| 493 | + | |
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| 494 | + | HB3882 Enrolled- 15 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 15 - LRB103 26790 MXP 53153 b |
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| 495 | + | HB3882 Enrolled - 15 - LRB103 26790 MXP 53153 b |
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| 496 | + | 1 (15 ILCS 335/4) (from Ch. 124, par. 24) |
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| 497 | + | 2 Sec. 4. Identification card. |
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| 498 | + | 3 (a) The Secretary of State shall issue a standard Illinois |
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| 499 | + | 4 Identification Card to any natural person who is a resident of |
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| 500 | + | 5 the State of Illinois who applies for such card, or renewal |
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| 501 | + | 6 thereof. No identification card shall be issued to any person |
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| 502 | + | 7 who holds a valid foreign state identification card, license, |
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| 503 | + | 8 or permit unless the person first surrenders to the Secretary |
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| 504 | + | 9 of State the valid foreign state identification card, license, |
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| 505 | + | 10 or permit. The card shall be prepared and supplied by the |
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| 506 | + | 11 Secretary of State and shall include a photograph and |
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| 507 | + | 12 signature or mark of the applicant. However, the Secretary of |
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| 508 | + | 13 State may provide by rule for the issuance of Illinois |
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| 509 | + | 14 Identification Cards without photographs if the applicant has |
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| 510 | + | 15 a bona fide religious objection to being photographed or to |
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| 511 | + | 16 the display of his or her photograph. The Illinois |
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| 512 | + | 17 Identification Card may be used for identification purposes in |
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| 513 | + | 18 any lawful situation only by the person to whom it was issued. |
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| 514 | + | 19 As used in this Act, "photograph" means any color photograph |
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| 515 | + | 20 or digitally produced and captured image of an applicant for |
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| 516 | + | 21 an identification card. As used in this Act, "signature" means |
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| 517 | + | 22 the name of a person as written by that person and captured in |
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| 518 | + | 23 a manner acceptable to the Secretary of State. |
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| 519 | + | 24 (a-5) If an applicant for an identification card has a |
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| 520 | + | 25 current driver's license or instruction permit issued by the |
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| 521 | + | 26 Secretary of State, the Secretary may require the applicant to |
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| 522 | + | |
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| 523 | + | |
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| 524 | + | |
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| 525 | + | |
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| 526 | + | |
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| 527 | + | HB3882 Enrolled - 15 - LRB103 26790 MXP 53153 b |
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| 528 | + | |
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| 529 | + | |
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| 530 | + | HB3882 Enrolled- 16 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 16 - LRB103 26790 MXP 53153 b |
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| 531 | + | HB3882 Enrolled - 16 - LRB103 26790 MXP 53153 b |
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| 532 | + | 1 utilize the same residence address and name on the |
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| 533 | + | 2 identification card, driver's license, and instruction permit |
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| 534 | + | 3 records maintained by the Secretary. The Secretary may |
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| 535 | + | 4 promulgate rules to implement this provision. |
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| 536 | + | 5 (a-10) If the applicant is a judicial officer as defined |
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| 537 | + | 6 in Section 1-10 of the Judicial Privacy Act or a peace officer, |
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| 538 | + | 7 the applicant may elect to have his or her office or work |
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| 539 | + | 8 address listed on the card instead of the applicant's |
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| 540 | + | 9 residence or mailing address. The Secretary may promulgate |
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| 541 | + | 10 rules to implement this provision. For the purposes of this |
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| 542 | + | 11 subsection (a-10), "peace officer" means any person who by |
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| 543 | + | 12 virtue of his or her office or public employment is vested by |
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| 544 | + | 13 law with a duty to maintain public order or to make arrests for |
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| 545 | + | 14 a violation of any penal statute of this State, whether that |
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| 546 | + | 15 duty extends to all violations or is limited to specific |
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| 547 | + | 16 violations. |
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| 548 | + | 17 (a-15) The Secretary of State may provide for an expedited |
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| 549 | + | 18 process for the issuance of an Illinois Identification Card. |
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| 550 | + | 19 The Secretary shall charge an additional fee for the expedited |
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| 551 | + | 20 issuance of an Illinois Identification Card, to be set by |
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| 552 | + | 21 rule, not to exceed $75. All fees collected by the Secretary |
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| 553 | + | 22 for expedited Illinois Identification Card service shall be |
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| 554 | + | 23 deposited into the Secretary of State Special Services Fund. |
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| 555 | + | 24 The Secretary may adopt rules regarding the eligibility, |
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| 556 | + | 25 process, and fee for an expedited Illinois Identification |
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| 557 | + | 26 Card. If the Secretary of State determines that the volume of |
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| 558 | + | |
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| 559 | + | |
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| 560 | + | |
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| 561 | + | |
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| 562 | + | |
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| 563 | + | HB3882 Enrolled - 16 - LRB103 26790 MXP 53153 b |
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| 564 | + | |
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| 565 | + | |
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| 566 | + | HB3882 Enrolled- 17 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 17 - LRB103 26790 MXP 53153 b |
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| 567 | + | HB3882 Enrolled - 17 - LRB103 26790 MXP 53153 b |
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| 568 | + | 1 expedited identification card requests received on a given day |
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| 569 | + | 2 exceeds the ability of the Secretary to process those requests |
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| 570 | + | 3 in an expedited manner, the Secretary may decline to provide |
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| 571 | + | 4 expedited services, and the additional fee for the expedited |
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| 572 | + | 5 service shall be refunded to the applicant. |
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| 573 | + | 6 (a-20) The Secretary of State shall issue a standard |
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| 574 | + | 7 Illinois Identification Card to a committed person upon |
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| 575 | + | 8 release on parole, mandatory supervised release, aftercare |
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| 576 | + | 9 release, final discharge, or pardon from the Department of |
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| 577 | + | 10 Corrections or Department of Juvenile Justice, if the released |
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| 578 | + | 11 person presents a certified copy of his or her birth |
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| 579 | + | 12 certificate, social security card, if the person has a social |
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| 580 | + | 13 security number, or other documents authorized by the |
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| 581 | + | 14 Secretary, and 2 documents proving his or her Illinois |
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| 582 | + | 15 residence address. Documents proving residence address may |
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| 583 | + | 16 include any official document of the Department of Corrections |
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| 584 | + | 17 or the Department of Juvenile Justice showing the released |
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| 585 | + | 18 person's address after release and a Secretary of State |
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| 586 | + | 19 prescribed certificate of residency form, which may be |
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| 587 | + | 20 executed by Department of Corrections or Department of |
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| 588 | + | 21 Juvenile Justice personnel. |
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| 589 | + | 22 (a-25) The Secretary of State shall issue a limited-term |
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| 590 | + | 23 Illinois Identification Card valid for 90 days to a committed |
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| 591 | + | 24 person upon release on parole, mandatory supervised release, |
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| 592 | + | 25 aftercare release, final discharge, or pardon from the |
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| 593 | + | 26 Department of Corrections or Department of Juvenile Justice, |
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| 594 | + | |
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| 595 | + | |
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| 596 | + | |
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| 597 | + | |
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| 598 | + | |
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| 599 | + | HB3882 Enrolled - 17 - LRB103 26790 MXP 53153 b |
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| 600 | + | |
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| 601 | + | |
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| 602 | + | HB3882 Enrolled- 18 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 18 - LRB103 26790 MXP 53153 b |
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| 603 | + | HB3882 Enrolled - 18 - LRB103 26790 MXP 53153 b |
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| 604 | + | 1 if the released person is unable to present a certified copy of |
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| 605 | + | 2 his or her birth certificate and social security card, if the |
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| 606 | + | 3 person has a social security number, or other documents |
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| 607 | + | 4 authorized by the Secretary, but does present a Secretary of |
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| 608 | + | 5 State prescribed verification form completed by the Department |
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| 609 | + | 6 of Corrections or Department of Juvenile Justice, verifying |
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| 610 | + | 7 the released person's date of birth and social security |
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| 611 | + | 8 number, if the person has a social security number, and 2 |
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| 612 | + | 9 documents proving his or her Illinois residence address. The |
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| 613 | + | 10 verification form must have been completed no more than 30 |
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| 614 | + | 11 days prior to the date of application for the Illinois |
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| 615 | + | 12 Identification Card. Documents proving residence address shall |
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| 616 | + | 13 include any official document of the Department of Corrections |
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| 617 | + | 14 or the Department of Juvenile Justice showing the person's |
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| 618 | + | 15 address after release and a Secretary of State prescribed |
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| 619 | + | 16 certificate of residency, which may be executed by Department |
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| 620 | + | 17 of Corrections or Department of Juvenile Justice personnel. |
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| 621 | + | 18 Prior to the expiration of the 90-day period of the |
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| 622 | + | 19 limited-term Illinois Identification Card, if the released |
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| 623 | + | 20 person submits to the Secretary of State a certified copy of |
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| 624 | + | 21 his or her birth certificate and his or her social security |
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| 625 | + | 22 card, if the person has a social security number, or other |
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| 626 | + | 23 documents authorized by the Secretary, a standard Illinois |
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| 627 | + | 24 Identification Card shall be issued. A limited-term Illinois |
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| 628 | + | 25 Identification Card may not be renewed. |
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| 629 | + | 26 (a-30) The Secretary of State shall issue a standard |
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| 630 | + | |
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| 631 | + | |
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| 632 | + | |
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| 633 | + | |
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| 634 | + | |
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| 635 | + | HB3882 Enrolled - 18 - LRB103 26790 MXP 53153 b |
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| 636 | + | |
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| 637 | + | |
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| 638 | + | HB3882 Enrolled- 19 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 19 - LRB103 26790 MXP 53153 b |
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| 639 | + | HB3882 Enrolled - 19 - LRB103 26790 MXP 53153 b |
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| 640 | + | 1 Illinois Identification Card to a person upon conditional |
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| 641 | + | 2 release or absolute discharge from the custody of the |
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| 642 | + | 3 Department of Human Services, if the person presents a |
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| 643 | + | 4 certified copy of his or her birth certificate, social |
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| 644 | + | 5 security card, if the person has a social security number, or |
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| 645 | + | 6 other documents authorized by the Secretary, and a document |
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| 646 | + | 7 proving his or her Illinois residence address. The Secretary |
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| 647 | + | 8 of State shall issue a standard Illinois Identification Card |
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| 648 | + | 9 to a person prior to his or her conditional release or absolute |
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| 649 | + | 10 discharge if personnel from the Department of Human Services |
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| 650 | + | 11 bring the person to a Secretary of State location with the |
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| 651 | + | 12 required documents. Documents proving residence address may |
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| 652 | + | 13 include any official document of the Department of Human |
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| 653 | + | 14 Services showing the person's address after release and a |
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| 654 | + | 15 Secretary of State prescribed verification form, which may be |
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| 655 | + | 16 executed by personnel of the Department of Human Services. |
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| 656 | + | 17 (a-35) The Secretary of State shall issue a limited-term |
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| 657 | + | 18 Illinois Identification Card valid for 90 days to a person |
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| 658 | + | 19 upon conditional release or absolute discharge from the |
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| 659 | + | 20 custody of the Department of Human Services, if the person is |
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| 660 | + | 21 unable to present a certified copy of his or her birth |
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| 661 | + | 22 certificate and social security card, if the person has a |
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| 662 | + | 23 social security number, or other documents authorized by the |
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| 663 | + | 24 Secretary, but does present a Secretary of State prescribed |
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| 664 | + | 25 verification form completed by the Department of Human |
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| 665 | + | 26 Services, verifying the person's date of birth and social |
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| 666 | + | |
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| 667 | + | |
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| 668 | + | |
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| 669 | + | |
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| 670 | + | |
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| 671 | + | HB3882 Enrolled - 19 - LRB103 26790 MXP 53153 b |
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| 672 | + | |
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| 673 | + | |
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| 674 | + | HB3882 Enrolled- 20 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 20 - LRB103 26790 MXP 53153 b |
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| 675 | + | HB3882 Enrolled - 20 - LRB103 26790 MXP 53153 b |
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| 676 | + | 1 security number, if the person has a social security number, |
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| 677 | + | 2 and a document proving his or her Illinois residence address. |
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| 678 | + | 3 The verification form must have been completed no more than 30 |
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| 679 | + | 4 days prior to the date of application for the Illinois |
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| 680 | + | 5 Identification Card. The Secretary of State shall issue a |
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| 681 | + | 6 limited-term Illinois Identification Card to a person no |
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| 682 | + | 7 sooner than 14 days prior to his or her conditional release or |
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| 683 | + | 8 absolute discharge if personnel from the Department of Human |
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| 684 | + | 9 Services bring the person to a Secretary of State location |
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| 685 | + | 10 with the required documents. Documents proving residence |
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| 686 | + | 11 address shall include any official document of the Department |
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| 687 | + | 12 of Human Services showing the person's address after release |
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| 688 | + | 13 and a Secretary of State prescribed verification form, which |
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| 689 | + | 14 may be executed by personnel of the Department of Human |
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| 690 | + | 15 Services. |
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| 691 | + | 16 (b) The Secretary of State shall issue a special Illinois |
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| 692 | + | 17 Identification Card, which shall be known as an Illinois |
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| 693 | + | 18 Person with a Disability Identification Card, to any natural |
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| 694 | + | 19 person who is a resident of the State of Illinois, who is a |
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| 695 | + | 20 person with a disability as defined in Section 4A of this Act, |
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| 696 | + | 21 who applies for such card, or renewal thereof. No Illinois |
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| 697 | + | 22 Person with a Disability Identification Card shall be issued |
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| 698 | + | 23 to any person who holds a valid foreign state identification |
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| 699 | + | 24 card, license, or permit unless the person first surrenders to |
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| 700 | + | 25 the Secretary of State the valid foreign state identification |
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| 701 | + | 26 card, license, or permit. The Secretary of State shall charge |
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| 702 | + | |
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| 703 | + | |
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| 704 | + | |
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| 705 | + | |
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| 706 | + | |
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| 707 | + | HB3882 Enrolled - 20 - LRB103 26790 MXP 53153 b |
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| 708 | + | |
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| 709 | + | |
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| 710 | + | HB3882 Enrolled- 21 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 21 - LRB103 26790 MXP 53153 b |
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| 711 | + | HB3882 Enrolled - 21 - LRB103 26790 MXP 53153 b |
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| 712 | + | 1 no fee to issue such card. The card shall be prepared and |
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| 713 | + | 2 supplied by the Secretary of State, and shall include a |
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| 714 | + | 3 photograph and signature or mark of the applicant, a |
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| 715 | + | 4 designation indicating that the card is an Illinois Person |
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| 716 | + | 5 with a Disability Identification Card, and shall include a |
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| 717 | + | 6 comprehensible designation of the type and classification of |
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| 718 | + | 7 the applicant's disability as set out in Section 4A of this |
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| 719 | + | 8 Act. However, the Secretary of State may provide by rule for |
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| 720 | + | 9 the issuance of Illinois Person with a Disability |
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| 721 | + | 10 Identification Cards without photographs if the applicant has |
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| 722 | + | 11 a bona fide religious objection to being photographed or to |
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| 723 | + | 12 the display of his or her photograph. If the applicant so |
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| 724 | + | 13 requests, the card shall include a description of the |
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| 725 | + | 14 applicant's disability and any information about the |
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| 726 | + | 15 applicant's disability or medical history which the Secretary |
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| 727 | + | 16 determines would be helpful to the applicant in securing |
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| 728 | + | 17 emergency medical care. If a mark is used in lieu of a |
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| 729 | + | 18 signature, such mark shall be affixed to the card in the |
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| 730 | + | 19 presence of two witnesses who attest to the authenticity of |
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| 731 | + | 20 the mark. The Illinois Person with a Disability Identification |
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| 732 | + | 21 Card may be used for identification purposes in any lawful |
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| 733 | + | 22 situation by the person to whom it was issued. |
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| 734 | + | 23 The Illinois Person with a Disability Identification Card |
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| 735 | + | 24 may be used as adequate documentation of disability in lieu of |
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| 736 | + | 25 a physician's determination of disability, a determination of |
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| 737 | + | 26 disability from a physician assistant, a determination of |
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| 738 | + | |
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| 739 | + | |
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| 740 | + | |
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| 741 | + | |
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| 742 | + | |
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| 743 | + | HB3882 Enrolled - 21 - LRB103 26790 MXP 53153 b |
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| 744 | + | |
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| 745 | + | |
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| 746 | + | HB3882 Enrolled- 22 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 22 - LRB103 26790 MXP 53153 b |
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| 747 | + | HB3882 Enrolled - 22 - LRB103 26790 MXP 53153 b |
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| 748 | + | 1 disability from an advanced practice registered nurse, or any |
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| 749 | + | 2 other documentation of disability whenever any State law |
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| 750 | + | 3 requires that a person with a disability provide such |
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| 751 | + | 4 documentation of disability, however an Illinois Person with a |
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| 752 | + | 5 Disability Identification Card shall not qualify the |
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| 753 | + | 6 cardholder to participate in any program or to receive any |
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| 754 | + | 7 benefit which is not available to all persons with like |
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| 755 | + | 8 disabilities. Notwithstanding any other provisions of law, an |
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| 756 | + | 9 Illinois Person with a Disability Identification Card, or |
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| 757 | + | 10 evidence that the Secretary of State has issued an Illinois |
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| 758 | + | 11 Person with a Disability Identification Card, shall not be |
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| 759 | + | 12 used by any person other than the person named on such card to |
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| 760 | + | 13 prove that the person named on such card is a person with a |
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| 761 | + | 14 disability or for any other purpose unless the card is used for |
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| 762 | + | 15 the benefit of the person named on such card, and the person |
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| 763 | + | 16 named on such card consents to such use at the time the card is |
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| 764 | + | 17 so used. |
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| 765 | + | 18 An optometrist's determination of a visual disability |
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| 766 | + | 19 under Section 4A of this Act is acceptable as documentation |
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| 767 | + | 20 for the purpose of issuing an Illinois Person with a |
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| 768 | + | 21 Disability Identification Card. |
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| 769 | + | 22 When medical information is contained on an Illinois |
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| 770 | + | 23 Person with a Disability Identification Card, the Office of |
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| 771 | + | 24 the Secretary of State shall not be liable for any actions |
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| 772 | + | 25 taken based upon that medical information. |
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| 773 | + | 26 (c) The Secretary of State shall provide that each |
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| 774 | + | |
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| 775 | + | |
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| 776 | + | |
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| 777 | + | |
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| 778 | + | |
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| 779 | + | HB3882 Enrolled - 22 - LRB103 26790 MXP 53153 b |
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| 780 | + | |
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| 781 | + | |
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| 782 | + | HB3882 Enrolled- 23 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 23 - LRB103 26790 MXP 53153 b |
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| 783 | + | HB3882 Enrolled - 23 - LRB103 26790 MXP 53153 b |
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| 784 | + | 1 original or renewal Illinois Identification Card or Illinois |
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| 785 | + | 2 Person with a Disability Identification Card issued to a |
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| 786 | + | 3 person under the age of 21 shall be of a distinct nature from |
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| 787 | + | 4 those Illinois Identification Cards or Illinois Person with a |
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| 788 | + | 5 Disability Identification Cards issued to individuals 21 years |
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| 789 | + | 6 of age or older. The color designated for Illinois |
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| 790 | + | 7 Identification Cards or Illinois Person with a Disability |
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| 791 | + | 8 Identification Cards for persons under the age of 21 shall be |
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| 792 | + | 9 at the discretion of the Secretary of State. |
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| 793 | + | 10 (c-1) Each original or renewal Illinois Identification |
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| 794 | + | 11 Card or Illinois Person with a Disability Identification Card |
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| 795 | + | 12 issued to a person under the age of 21 shall display the date |
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| 796 | + | 13 upon which the person becomes 18 years of age and the date upon |
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| 797 | + | 14 which the person becomes 21 years of age. |
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| 798 | + | 15 (c-3) The General Assembly recognizes the need to identify |
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| 799 | + | 16 military veterans living in this State for the purpose of |
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| 800 | + | 17 ensuring that they receive all of the services and benefits to |
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| 801 | + | 18 which they are legally entitled, including healthcare, |
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| 802 | + | 19 education assistance, and job placement. To assist the State |
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| 803 | + | 20 in identifying these veterans and delivering these vital |
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| 804 | + | 21 services and benefits, the Secretary of State is authorized to |
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| 805 | + | 22 issue Illinois Identification Cards and Illinois Person with a |
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| 806 | + | 23 Disability Identification Cards with the word "veteran" |
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| 807 | + | 24 appearing on the face of the cards. This authorization is |
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| 808 | + | 25 predicated on the unique status of veterans. The Secretary may |
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| 809 | + | 26 not issue any other identification card which identifies an |
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| 810 | + | |
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| 811 | + | |
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| 812 | + | |
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| 813 | + | |
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| 814 | + | |
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| 815 | + | HB3882 Enrolled - 23 - LRB103 26790 MXP 53153 b |
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| 816 | + | |
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| 817 | + | |
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| 818 | + | HB3882 Enrolled- 24 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 24 - LRB103 26790 MXP 53153 b |
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| 819 | + | HB3882 Enrolled - 24 - LRB103 26790 MXP 53153 b |
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| 820 | + | 1 occupation, status, affiliation, hobby, or other unique |
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| 821 | + | 2 characteristics of the identification card holder which is |
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| 822 | + | 3 unrelated to the purpose of the identification card. |
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| 823 | + | 4 (c-5) Beginning on or before July 1, 2015, the Secretary |
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| 824 | + | 5 of State shall designate a space on each original or renewal |
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| 825 | + | 6 identification card where, at the request of the applicant, |
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| 826 | + | 7 the word "veteran" shall be placed. The veteran designation |
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| 827 | + | 8 shall be available to a person identified as a veteran under |
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| 828 | + | 9 subsection (b) of Section 5 of this Act who was discharged or |
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| 829 | + | 10 separated under honorable conditions. |
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| 830 | + | 11 (d) The Secretary of State may issue a Senior Citizen |
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| 831 | + | 12 discount card, to any natural person who is a resident of the |
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| 832 | + | 13 State of Illinois who is 60 years of age or older and who |
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| 833 | + | 14 applies for such a card or renewal thereof. The Secretary of |
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| 834 | + | 15 State shall charge no fee to issue such card. The card shall be |
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| 835 | + | 16 issued in every county and applications shall be made |
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| 836 | + | 17 available at, but not limited to, nutrition sites, senior |
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| 837 | + | 18 citizen centers and Area Agencies on Aging. The applicant, |
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| 838 | + | 19 upon receipt of such card and prior to its use for any purpose, |
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| 839 | + | 20 shall have affixed thereon in the space provided therefor his |
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| 840 | + | 21 signature or mark. |
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| 841 | + | 22 (e) The Secretary of State, in his or her discretion, may |
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| 842 | + | 23 designate on each Illinois Identification Card or Illinois |
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| 843 | + | 24 Person with a Disability Identification Card a space where the |
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| 844 | + | 25 card holder may place a sticker or decal, issued by the |
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| 845 | + | 26 Secretary of State, of uniform size as the Secretary may |
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| 846 | + | |
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| 847 | + | |
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| 848 | + | |
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| 849 | + | |
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| 850 | + | |
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| 851 | + | HB3882 Enrolled - 24 - LRB103 26790 MXP 53153 b |
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| 852 | + | |
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| 853 | + | |
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| 854 | + | HB3882 Enrolled- 25 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 25 - LRB103 26790 MXP 53153 b |
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| 855 | + | HB3882 Enrolled - 25 - LRB103 26790 MXP 53153 b |
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| 856 | + | 1 specify, that shall indicate in appropriate language that the |
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| 857 | + | 2 card holder has renewed his or her Illinois Identification |
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| 858 | + | 3 Card or Illinois Person with a Disability Identification Card. |
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| 859 | + | 4 (Source: P.A. 102-299, eff. 8-6-21.) |
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| 860 | + | 5 (15 ILCS 335/4D) |
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| 861 | + | 6 Sec. 4D. Issuance of confidential identification cards. |
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| 862 | + | 7 (a) Requirements for use of confidential identification |
---|
| 863 | + | 8 cards. Confidential identification cards may be issued to |
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| 864 | + | 9 local, state, and federal government agencies for bona fide |
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| 865 | + | 10 law enforcement purposes. The identification cards may be |
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| 866 | + | 11 issued in fictitious names and addresses, and may be used only |
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| 867 | + | 12 in confidential, investigative, or undercover law enforcement |
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| 868 | + | 13 operations. Confidential identification cards may be issued as |
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| 869 | + | 14 REAL ID compliant or standard non-compliant identification |
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| 870 | + | 15 cards. |
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| 871 | + | 16 (b) Application procedures for confidential identification |
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| 872 | + | 17 cards: |
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| 873 | + | 18 (1) Applications by local, state, and federal |
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| 874 | + | 19 government agencies for confidential identification cards |
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| 875 | + | 20 must be made to the Secretary of State Police Department |
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| 876 | + | 21 on a form and in a manner prescribed by the Secretary of |
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| 877 | + | 22 State Police Department. |
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| 878 | + | 23 (2) The application form must include information, as |
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| 879 | + | 24 specific as possible without compromising investigations |
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| 880 | + | 25 or techniques, setting forth the need for the |
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| 881 | + | |
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| 882 | + | |
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| 883 | + | |
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| 884 | + | |
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| 885 | + | |
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| 888 | + | |
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| 889 | + | HB3882 Enrolled- 26 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 26 - LRB103 26790 MXP 53153 b |
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| 890 | + | HB3882 Enrolled - 26 - LRB103 26790 MXP 53153 b |
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| 891 | + | 1 identification cards and the uses to which the |
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| 892 | + | 2 identification cards will be limited. |
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| 893 | + | 3 (3) The application form must be signed and verified |
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| 894 | + | 4 by the local, state, or federal government agency head or |
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| 895 | + | 5 designee. |
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| 896 | + | 6 (4) Information maintained by the Secretary of State |
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| 897 | + | 7 Police Department for confidential identification cards |
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| 898 | + | 8 must show the fictitious names and addresses on all |
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| 899 | + | 9 records subject to public disclosure. All other |
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| 900 | + | 10 information concerning these confidential identification |
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| 901 | + | 11 cards are exempt from disclosure unless the disclosure is |
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| 902 | + | 12 ordered by a court of competent jurisdiction. |
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| 903 | + | 13 (c) Cancellation procedures for confidential |
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| 904 | + | 14 identification cards: |
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| 905 | + | 15 (1) The Secretary of State Police Department may |
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| 906 | + | 16 cancel or refuse to renew confidential identification |
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| 907 | + | 17 cards when they have reasonable cause to believe the cards |
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| 908 | + | 18 are being used for purposes other than those set forth in |
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| 909 | + | 19 the application form or authorized by this Section. |
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| 910 | + | 20 (2) A government agency must request cancellation of |
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| 911 | + | 21 confidential identification cards that are no longer |
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| 912 | + | 22 required for the purposes for which they were issued. |
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| 913 | + | 23 (3) Upon the request of the Secretary of State Police |
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| 914 | + | 24 Department, all cancelled confidential identification |
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| 915 | + | 25 cards must be promptly returned to the Secretary of State |
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| 916 | + | 26 Police Department by the government agency to which they |
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| 917 | + | |
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| 918 | + | |
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| 919 | + | |
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| 920 | + | |
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| 921 | + | |
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| 922 | + | HB3882 Enrolled - 26 - LRB103 26790 MXP 53153 b |
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| 923 | + | |
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| 924 | + | |
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| 925 | + | HB3882 Enrolled- 27 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 27 - LRB103 26790 MXP 53153 b |
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| 926 | + | HB3882 Enrolled - 27 - LRB103 26790 MXP 53153 b |
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| 927 | + | 1 were issued. |
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| 928 | + | 2 (Source: P.A. 100-248, eff. 8-22-17.) |
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| 929 | + | 3 (15 ILCS 335/5) (from Ch. 124, par. 25) |
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| 930 | + | 4 Sec. 5. Applications. |
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| 931 | + | 5 (a) Any natural person who is a resident of the State of |
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| 932 | + | 6 Illinois may file an application for an identification card, |
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| 933 | + | 7 or for the renewal thereof, in a manner prescribed by the |
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| 934 | + | 8 Secretary. Each original application shall be completed by the |
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| 935 | + | 9 applicant in full and shall set forth the legal name, |
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| 936 | + | 10 residence address and zip code, social security number, if the |
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| 937 | + | 11 person has a social security number, birth date, sex and a |
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| 938 | + | 12 brief description of the applicant. The applicant shall be |
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| 939 | + | 13 photographed, unless the Secretary of State has provided by |
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| 940 | + | 14 rule for the issuance of identification cards without |
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| 941 | + | 15 photographs and the applicant is deemed eligible for an |
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| 942 | + | 16 identification card without a photograph under the terms and |
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| 943 | + | 17 conditions imposed by the Secretary of State, and he or she |
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| 944 | + | 18 shall also submit any other information as the Secretary may |
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| 945 | + | 19 deem necessary or such documentation as the Secretary may |
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| 946 | + | 20 require to determine the identity of the applicant. In |
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| 947 | + | 21 addition to the residence address, the Secretary may allow the |
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| 948 | + | 22 applicant to provide a mailing address. If the applicant is a |
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| 949 | + | 23 judicial officer as defined in Section 1-10 of the Judicial |
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| 950 | + | 24 Privacy Act or a peace officer, the applicant may elect to have |
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| 951 | + | 25 his or her office or work address in lieu of the applicant's |
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| 952 | + | |
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| 953 | + | |
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| 954 | + | |
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| 955 | + | |
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| 956 | + | |
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| 957 | + | HB3882 Enrolled - 27 - LRB103 26790 MXP 53153 b |
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| 958 | + | |
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| 959 | + | |
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| 960 | + | HB3882 Enrolled- 28 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 28 - LRB103 26790 MXP 53153 b |
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| 961 | + | HB3882 Enrolled - 28 - LRB103 26790 MXP 53153 b |
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| 962 | + | 1 residence or mailing address. An applicant for an Illinois |
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| 963 | + | 2 Person with a Disability Identification Card must also submit |
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| 964 | + | 3 with each original or renewal application, on forms prescribed |
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| 965 | + | 4 by the Secretary, such documentation as the Secretary may |
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| 966 | + | 5 require, establishing that the applicant is a "person with a |
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| 967 | + | 6 disability" as defined in Section 4A of this Act, and setting |
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| 968 | + | 7 forth the applicant's type and class of disability as set |
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| 969 | + | 8 forth in Section 4A of this Act. For the purposes of this |
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| 970 | + | 9 subsection (a), "peace officer" means any person who by virtue |
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| 971 | + | 10 of his or her office or public employment is vested by law with |
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| 972 | + | 11 a duty to maintain public order or to make arrests for a |
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| 973 | + | 12 violation of any penal statute of this State, whether that |
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| 974 | + | 13 duty extends to all violations or is limited to specific |
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| 975 | + | 14 violations. |
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| 976 | + | 15 (a-5) Upon the first issuance of a request for proposals |
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| 977 | + | 16 for a digital driver's license and identification card |
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| 978 | + | 17 issuance and facial recognition system issued after January 1, |
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| 979 | + | 18 2020 (the effective date of Public Act 101-513), and upon |
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| 980 | + | 19 implementation of a new or revised system procured pursuant to |
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| 981 | + | 20 that request for proposals, the Secretary shall permit |
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| 982 | + | 21 applicants to choose between "male", "female", or "non-binary" |
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| 983 | + | 22 when designating the applicant's sex on the identification |
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| 984 | + | 23 card application form. The sex designated by the applicant |
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| 985 | + | 24 shall be displayed on the identification card issued to the |
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| 986 | + | 25 applicant. |
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| 987 | + | 26 (b) Beginning on or before July 1, 2015, for each original |
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| 988 | + | |
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| 989 | + | |
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| 990 | + | |
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| 991 | + | |
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| 992 | + | |
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| 993 | + | HB3882 Enrolled - 28 - LRB103 26790 MXP 53153 b |
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| 994 | + | |
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| 995 | + | |
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| 996 | + | HB3882 Enrolled- 29 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 29 - LRB103 26790 MXP 53153 b |
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| 997 | + | HB3882 Enrolled - 29 - LRB103 26790 MXP 53153 b |
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| 998 | + | 1 or renewal identification card application under this Act, the |
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| 999 | + | 2 Secretary shall inquire as to whether the applicant is a |
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| 1000 | + | 3 veteran for purposes of issuing an identification card with a |
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| 1001 | + | 4 veteran designation under subsection (c-5) of Section 4 of |
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| 1002 | + | 5 this Act. The acceptable forms of proof shall include, but are |
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| 1003 | + | 6 not limited to, Department of Defense form DD-214, Department |
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| 1004 | + | 7 of Defense form DD-256 for applicants who did not receive a |
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| 1005 | + | 8 form DD-214 upon the completion of initial basic training, |
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| 1006 | + | 9 Department of Defense form DD-2 (Retired), an identification |
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| 1007 | + | 10 card issued under the federal Veterans Identification Card Act |
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| 1008 | + | 11 of 2015, or a United States Department of Veterans Affairs |
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| 1009 | + | 12 summary of benefits letter. If the document cannot be stamped, |
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| 1010 | + | 13 the Illinois Department of Veterans' Affairs shall provide a |
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| 1011 | + | 14 certificate to the veteran to provide to the Secretary of |
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| 1012 | + | 15 State. The Illinois Department of Veterans' Affairs shall |
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| 1013 | + | 16 advise the Secretary as to what other forms of proof of a |
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| 1014 | + | 17 person's status as a veteran are acceptable. |
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| 1015 | + | 18 For each applicant who is issued an identification card |
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| 1016 | + | 19 with a veteran designation, the Secretary shall provide the |
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| 1017 | + | 20 Department of Veterans' Affairs with the applicant's name, |
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| 1018 | + | 21 address, date of birth, gender, and such other demographic |
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| 1019 | + | 22 information as agreed to by the Secretary and the Department. |
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| 1020 | + | 23 The Department may take steps necessary to confirm the |
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| 1021 | + | 24 applicant is a veteran. If after due diligence, including |
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| 1022 | + | 25 writing to the applicant at the address provided by the |
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| 1023 | + | 26 Secretary, the Department is unable to verify the applicant's |
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| 1024 | + | |
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| 1025 | + | |
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| 1026 | + | |
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| 1027 | + | |
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| 1028 | + | |
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| 1029 | + | HB3882 Enrolled - 29 - LRB103 26790 MXP 53153 b |
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| 1030 | + | |
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| 1031 | + | |
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| 1032 | + | HB3882 Enrolled- 30 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 30 - LRB103 26790 MXP 53153 b |
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| 1033 | + | HB3882 Enrolled - 30 - LRB103 26790 MXP 53153 b |
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| 1034 | + | 1 veteran status, the Department shall inform the Secretary, who |
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| 1035 | + | 2 shall notify the applicant that he or she must confirm status |
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| 1036 | + | 3 as a veteran, or the identification card will be cancelled. |
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| 1037 | + | 4 For purposes of this subsection (b): |
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| 1038 | + | 5 "Armed forces" means any of the Armed Forces of the United |
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| 1039 | + | 6 States, including a member of any reserve component or |
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| 1040 | + | 7 National Guard unit. |
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| 1041 | + | 8 "Veteran" means a person who has served in the armed |
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| 1042 | + | 9 forces and was discharged or separated under honorable |
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| 1043 | + | 10 conditions. |
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| 1044 | + | 11 (c) All applicants for REAL ID compliant standard Illinois |
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| 1045 | + | 12 Identification Cards and Illinois Person with a Disability |
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| 1046 | + | 13 Identification Cards shall provide proof of lawful status in |
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| 1047 | + | 14 the United States as defined in 6 CFR 37.3, as amended. |
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| 1048 | + | 15 Applicants who are unable to provide the Secretary with proof |
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| 1049 | + | 16 of lawful status are ineligible for REAL ID compliant |
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| 1050 | + | 17 identification cards under this Act. |
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| 1051 | + | 18 (d) The Secretary of State may accept, as proof of date of |
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| 1052 | + | 19 birth and written signature for any applicant for a standard |
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| 1053 | + | 20 identification card who does not have a social security number |
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| 1054 | + | 21 or documentation issued by the United States Department of |
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| 1055 | + | 22 Homeland Security authorizing the applicant's presence in this |
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| 1056 | + | 23 country, any passport validly issued to the applicant from the |
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| 1057 | + | 24 applicant's country of citizenship or a consular |
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| 1058 | + | 25 identification document validly issued to the applicant by a |
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| 1059 | + | 26 consulate of that country as defined in Section 5 of the |
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| 1060 | + | |
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| 1061 | + | |
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| 1062 | + | |
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| 1063 | + | |
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| 1064 | + | |
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| 1065 | + | HB3882 Enrolled - 30 - LRB103 26790 MXP 53153 b |
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| 1066 | + | |
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| 1067 | + | |
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| 1068 | + | HB3882 Enrolled- 31 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 31 - LRB103 26790 MXP 53153 b |
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| 1069 | + | HB3882 Enrolled - 31 - LRB103 26790 MXP 53153 b |
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| 1070 | + | 1 Consular Identification Document Act. Any such documents must |
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| 1071 | + | 2 be either unexpired or presented by an applicant within 2 |
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| 1072 | + | 3 years of its expiration date. |
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| 1073 | + | 4 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; |
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| 1074 | + | 5 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) |
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| 1075 | + | 6 (15 ILCS 335/11) (from Ch. 124, par. 31) |
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| 1076 | + | 7 Sec. 11. Records. |
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| 1077 | + | 8 (a) The Secretary may make a search of his records and |
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| 1078 | + | 9 furnish information as to whether a person has a current |
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| 1079 | + | 10 Standard Illinois Identification Card or an Illinois Person |
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| 1080 | + | 11 with a Disability Identification Card then on file, upon |
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| 1081 | + | 12 receipt of a written application therefor accompanied with the |
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| 1082 | + | 13 prescribed fee. However, the Secretary may not disclose |
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| 1083 | + | 14 medical information concerning an individual to any person, |
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| 1084 | + | 15 public agency, private agency, corporation or governmental |
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| 1085 | + | 16 body unless the individual has submitted a written request for |
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| 1086 | + | 17 the information or unless the individual has given prior |
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| 1087 | + | 18 written consent for the release of the information to a |
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| 1088 | + | 19 specific person or entity. This exception shall not apply to: |
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| 1089 | + | 20 (1) offices and employees of the Secretary who have a need to |
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| 1090 | + | 21 know the medical information in performance of their official |
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| 1091 | + | 22 duties, or (2) orders of a court of competent jurisdiction. |
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| 1092 | + | 23 When medical information is disclosed by the Secretary in |
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| 1093 | + | 24 accordance with the provisions of this Section, no liability |
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| 1094 | + | 25 shall rest with the Office of the Secretary of State as the |
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| 1095 | + | |
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| 1096 | + | |
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| 1097 | + | |
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| 1098 | + | |
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| 1099 | + | |
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| 1100 | + | HB3882 Enrolled - 31 - LRB103 26790 MXP 53153 b |
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| 1101 | + | |
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| 1102 | + | |
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| 1103 | + | HB3882 Enrolled- 32 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 32 - LRB103 26790 MXP 53153 b |
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| 1104 | + | HB3882 Enrolled - 32 - LRB103 26790 MXP 53153 b |
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| 1105 | + | 1 information is released for informational purposes only. |
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| 1106 | + | 2 (b) Except as otherwise provided in this Section, the |
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| 1107 | + | 3 Secretary may release personally identifying information only |
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| 1108 | + | 4 to: |
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| 1109 | + | 5 (1) officers and employees of the Secretary who have a |
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| 1110 | + | 6 need to know that information for issuance of driver's |
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| 1111 | + | 7 licenses, permits, or identification cards and |
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| 1112 | + | 8 investigation of fraud or misconduct; |
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| 1113 | + | 9 (2) other governmental agencies for use in their |
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| 1114 | + | 10 official governmental functions; |
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| 1115 | + | 11 (3) law enforcement agencies for a criminal or civil |
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| 1116 | + | 12 investigation, except as restricted by subsections (g) and |
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| 1117 | + | 13 (h); |
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| 1118 | + | 14 (3-5) the State Board of Elections as may be required |
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| 1119 | + | 15 by an agreement the State Board of Elections has entered |
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| 1120 | + | 16 into with a multi-state voter registration list |
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| 1121 | + | 17 maintenance system; or |
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| 1122 | + | 18 (4) any entity that the Secretary has authorized, by |
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| 1123 | + | 19 rule. |
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| 1124 | + | 20 (c) Except as otherwise provided in this Section, the |
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| 1125 | + | 21 Secretary may release highly restricted personal information |
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| 1126 | + | 22 only to: |
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| 1127 | + | 23 (1) officers and employees of the Secretary who have a |
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| 1128 | + | 24 need to access the information for the issuance of |
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| 1129 | + | 25 driver's licenses, permits, or identification cards and |
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| 1130 | + | 26 investigation of fraud or misconduct; |
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| 1131 | + | |
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| 1132 | + | |
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| 1133 | + | |
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| 1134 | + | |
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| 1135 | + | |
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| 1136 | + | HB3882 Enrolled - 32 - LRB103 26790 MXP 53153 b |
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| 1137 | + | |
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| 1138 | + | |
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| 1139 | + | HB3882 Enrolled- 33 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 33 - LRB103 26790 MXP 53153 b |
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| 1140 | + | HB3882 Enrolled - 33 - LRB103 26790 MXP 53153 b |
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| 1141 | + | 1 (2) law enforcement officials for a criminal or civil |
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| 1142 | + | 2 law enforcement investigation, except as restricted by |
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| 1143 | + | 3 subsections (g) and (h); |
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| 1144 | + | 4 (3) the State Board of Elections for the purpose of |
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| 1145 | + | 5 providing the signature for completion of voter |
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| 1146 | + | 6 registration; or |
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| 1147 | + | 7 (4) any other entity the Secretary has authorized by |
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| 1148 | + | 8 rule. |
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| 1149 | + | 9 (d) Documents required to be submitted with an application |
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| 1150 | + | 10 for an identification card to prove the applicant's identity |
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| 1151 | + | 11 (name and date of birth), social security number or lack of a |
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| 1152 | + | 12 social security number, written signature, residency, and, as |
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| 1153 | + | 13 applicable, citizenship and immigration proof of lawful status |
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| 1154 | + | 14 and country of citizenship shall be confidential and shall not |
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| 1155 | + | 15 be disclosed except to the following persons: |
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| 1156 | + | 16 (1) the individual to whom the identification card was |
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| 1157 | + | 17 issued, upon written request; |
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| 1158 | + | 18 (2) officers and employees of the Secretary of State |
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| 1159 | + | 19 who have a need to have access to the stored images for |
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| 1160 | + | 20 purposes of issuing and controlling driver's licenses, |
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| 1161 | + | 21 permits, or identification cards and investigation of |
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| 1162 | + | 22 fraud or misconduct; |
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| 1163 | + | 23 (3) law enforcement officials for a civil or criminal |
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| 1164 | + | 24 law enforcement investigation, except as restricted by |
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| 1165 | + | 25 subsections (g) and (h); |
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| 1166 | + | 26 (4) other entities that the Secretary may authorize by |
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| 1167 | + | |
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| 1168 | + | |
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| 1169 | + | |
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| 1170 | + | |
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| 1171 | + | |
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| 1173 | + | |
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| 1174 | + | |
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| 1175 | + | HB3882 Enrolled- 34 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 34 - LRB103 26790 MXP 53153 b |
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| 1176 | + | HB3882 Enrolled - 34 - LRB103 26790 MXP 53153 b |
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| 1177 | + | 1 rule. |
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| 1178 | + | 2 (e) The Secretary may not disclose an individual's social |
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| 1179 | + | 3 security number or any associated information obtained from |
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| 1180 | + | 4 the Social Security Administration without the written request |
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| 1181 | + | 5 or consent of the individual except: (i) to officers and |
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| 1182 | + | 6 employees of the Secretary who have a need to know the social |
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| 1183 | + | 7 security number in the performance of their official duties; |
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| 1184 | + | 8 (ii) except as restricted by subsections (g) and (h) to law |
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| 1185 | + | 9 enforcement officials for a civil or criminal law enforcement |
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| 1186 | + | 10 investigation if an officer of the law enforcement agency has |
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| 1187 | + | 11 made a written request to the Secretary specifying the law |
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| 1188 | + | 12 enforcement investigation for which the social security number |
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| 1189 | + | 13 is being sought; (iii) under a lawful court order signed by a |
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| 1190 | + | 14 judge; (iv) to the Illinois Department of Veterans' Affairs |
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| 1191 | + | 15 for the purpose of confirming veteran status to agencies in |
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| 1192 | + | 16 other states responsible for the issuance of state |
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| 1193 | + | 17 identification cards for participation in State-to-State |
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| 1194 | + | 18 verification service; or (v) the last 4 digits to the Illinois |
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| 1195 | + | 19 State Board of Elections for purposes of voter registration |
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| 1196 | + | 20 and as may be required pursuant to an agreement for a |
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| 1197 | + | 21 multi-state voter registration list maintenance system. The |
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| 1198 | + | 22 Secretary retains the right to require additional verification |
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| 1199 | + | 23 regarding the validity of a request from law enforcement. If |
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| 1200 | + | 24 social security information is disclosed by the Secretary in |
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| 1201 | + | 25 accordance with this Section, no liability shall rest with the |
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| 1202 | + | 26 Office of the Secretary of State or any of its officers or |
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| 1203 | + | |
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| 1204 | + | |
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| 1205 | + | |
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| 1206 | + | |
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| 1207 | + | |
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| 1208 | + | HB3882 Enrolled - 34 - LRB103 26790 MXP 53153 b |
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| 1209 | + | |
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| 1210 | + | |
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| 1211 | + | HB3882 Enrolled- 35 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 35 - LRB103 26790 MXP 53153 b |
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| 1212 | + | HB3882 Enrolled - 35 - LRB103 26790 MXP 53153 b |
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| 1213 | + | 1 employees, as the information is released for official |
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| 1214 | + | 2 purposes only. |
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| 1215 | + | 3 (f) The Secretary of State shall not provide facial |
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| 1216 | + | 4 recognition search services or photographs obtained in the |
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| 1217 | + | 5 process of issuing an identification card to any federal, |
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| 1218 | + | 6 State, or local law enforcement agency or other governmental |
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| 1219 | + | 7 entity for the purpose of enforcing federal immigration laws. |
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| 1220 | + | 8 This subsection shall not apply to requests from federal, |
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| 1221 | + | 9 State, or local law enforcement agencies or other governmental |
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| 1222 | + | 10 entities for facial recognition search services or photographs |
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| 1223 | + | 11 obtained in the process of issuing a driver's license or |
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| 1224 | + | 12 permit when the purpose of the request relates to criminal |
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| 1225 | + | 13 activity other than violations of immigration laws. |
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| 1226 | + | 14 (g) Notwithstanding any other provision of law, the |
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| 1227 | + | 15 Secretary may not release highly restricted personal |
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| 1228 | + | 16 information or personally identifying information or disclose |
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| 1229 | + | 17 documents described in subsection (d) to any immigration |
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| 1230 | + | 18 agent, as defined in Section 10 of the Illinois TRUST Act, |
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| 1231 | + | 19 unless necessary to comply with the following, to the extent |
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| 1232 | + | 20 that production of such information or documents is |
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| 1233 | + | 21 specifically required: |
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| 1234 | + | 22 (1) a lawful court order; |
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| 1235 | + | 23 (2) a judicial warrant signed by a judge appointed |
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| 1236 | + | 24 pursuant to Article III of the Constitution of the United |
---|
| 1237 | + | 25 States; or |
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| 1238 | + | 26 (3) a subpoena for individual records issued by a |
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| 1239 | + | |
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| 1240 | + | |
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| 1241 | + | |
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| 1242 | + | |
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| 1243 | + | |
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| 1244 | + | HB3882 Enrolled - 35 - LRB103 26790 MXP 53153 b |
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| 1245 | + | |
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| 1246 | + | |
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| 1247 | + | HB3882 Enrolled- 36 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 36 - LRB103 26790 MXP 53153 b |
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| 1248 | + | HB3882 Enrolled - 36 - LRB103 26790 MXP 53153 b |
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| 1249 | + | 1 federal or State court. |
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| 1250 | + | 2 When responding to such a court order, warrant, or |
---|
| 1251 | + | 3 subpoena, the Secretary shall disclose only those documents or |
---|
| 1252 | + | 4 information specifically requested. Within 3 business days of |
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| 1253 | + | 5 receiving such a court order, warrant, or subpoena, the |
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| 1254 | + | 6 Secretary shall send a notification to the individual about |
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| 1255 | + | 7 whom such information was requested that a court order, |
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| 1256 | + | 8 warrant, or subpoena was received and the identity of the |
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| 1257 | + | 9 entity that presented the court order, warrant, or subpoena. |
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| 1258 | + | 10 (h) The Secretary shall not enter into or maintain any |
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| 1259 | + | 11 agreement regarding the sharing of any highly restricted |
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| 1260 | + | 12 personal information or personally identifying information or |
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| 1261 | + | 13 documents described in subsection (d) unless all other parties |
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| 1262 | + | 14 to such agreement certify that the information obtained will |
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| 1263 | + | 15 not be used for civil immigration purposes or knowingly |
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| 1264 | + | 16 disseminated to any third party for any purpose related to |
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| 1265 | + | 17 civil immigration enforcement. |
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| 1266 | + | 18 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) |
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| 1267 | + | 19 Section 20. The Illinois Vehicle Code is amended by |
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| 1268 | + | 20 changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1, |
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| 1269 | + | 21 6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as |
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| 1270 | + | 22 follows: |
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| 1271 | + | 23 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100) |
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| 1272 | + | 24 Sec. 6-100. Definitions. For the purposes of this Chapter, |
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| 1273 | + | |
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| 1274 | + | |
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| 1275 | + | |
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| 1276 | + | |
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| 1277 | + | |
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| 1279 | + | |
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| 1282 | + | HB3882 Enrolled - 37 - LRB103 26790 MXP 53153 b |
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| 1283 | + | 1 the following words shall have the meanings ascribed to them: |
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| 1284 | + | 2 (a) Application Process. The process of obtaining a |
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| 1285 | + | 3 driver's license, identification card, or permit. The process |
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| 1286 | + | 4 begins when a person enters a Secretary of State Driver |
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| 1287 | + | 5 Services facility and requests a driver's license, |
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| 1288 | + | 6 identification card or permit. |
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| 1289 | + | 7 (b) Conviction. A final adjudication of guilty by a court |
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| 1290 | + | 8 of competent jurisdiction either after a bench trial, trial by |
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| 1291 | + | 9 jury, plea of guilty, order of forfeiture, or default. |
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| 1292 | + | 10 (c) Identification Card. A document made or issued by or |
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| 1293 | + | 11 under the authority of the United States Government, the State |
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| 1294 | + | 12 of Illinois or any other state or political subdivision |
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| 1295 | + | 13 thereof, or any governmental or quasi-governmental |
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| 1296 | + | 14 organization that, when completed with information concerning |
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| 1297 | + | 15 the individual, is of a type intended or commonly accepted for |
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| 1298 | + | 16 the purpose of identifying the individual. |
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| 1299 | + | 17 (d) Standard Non-compliant driver's license. A driver's |
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| 1300 | + | 18 license issued in a manner which is not compliant with the REAL |
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| 1301 | + | 19 ID Act and implementing regulations. Standard Non-compliant |
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| 1302 | + | 20 driver's licenses shall be marked "Federal Limits Apply" "Not |
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| 1303 | + | 21 for Federal Identification" and shall have a color or design |
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| 1304 | + | 22 different from the REAL ID compliant driver's license. |
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| 1305 | + | 23 (e) REAL ID compliant driver's license. A driver's license |
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| 1306 | + | 24 issued in compliance with the REAL ID Act and implementing |
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| 1307 | + | 25 regulations. REAL ID compliant driver's licenses shall bear a |
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| 1308 | + | 26 security marking approved by the United States Department of |
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| 1309 | + | |
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| 1310 | + | |
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| 1311 | + | |
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| 1312 | + | |
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| 1313 | + | |
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| 1315 | + | |
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| 1316 | + | |
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| 1318 | + | HB3882 Enrolled - 38 - LRB103 26790 MXP 53153 b |
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| 1319 | + | 1 Homeland Security. |
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| 1320 | + | 2 (f) Limited Term REAL ID compliant driver's license. A |
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| 1321 | + | 3 REAL ID compliant driver's license issued to a person who is |
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| 1322 | + | 4 not a permanent resident or citizen of the United States, or an |
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| 1323 | + | 5 individual who has an approved application for asylum in the |
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| 1324 | + | 6 United States or has entered the United States in refugee |
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| 1325 | + | 7 status, and marked "Limited Term" on the face of the license. |
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| 1326 | + | 8 (Source: P.A. 100-248, eff. 8-22-17.) |
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| 1327 | + | 9 (625 ILCS 5/6-100.5) |
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| 1328 | + | 10 Sec. 6-100.5. Issuance of REAL ID compliant and standard |
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| 1329 | + | 11 non-compliant driver's licenses. The Secretary of State may |
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| 1330 | + | 12 issue both REAL ID compliant driver's licenses and standard |
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| 1331 | + | 13 non-compliant driver's licenses, and may permit applicants to |
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| 1332 | + | 14 designate which type of driver's license they wish to receive. |
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| 1333 | + | 15 All provisions of this Code applicable to standard |
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| 1334 | + | 16 non-compliant driver's licenses shall also apply to REAL ID |
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| 1335 | + | 17 compliant driver's licenses, except where the provisions are |
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| 1336 | + | 18 inconsistent with the REAL ID Act and implementing |
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| 1337 | + | 19 regulations. The Secretary shall establish by rule the date on |
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| 1338 | + | 20 which issuance of REAL ID compliant driver's licenses will |
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| 1339 | + | 21 begin. |
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| 1340 | + | 22 (Source: P.A. 100-248, eff. 8-22-17.) |
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| 1341 | + | 23 (625 ILCS 5/6-105.1) |
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| 1342 | + | 24 Sec. 6-105.1. Temporary visitor's driver's license. |
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| 1343 | + | |
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| 1344 | + | |
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| 1345 | + | |
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| 1346 | + | |
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| 1347 | + | |
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| 1348 | + | HB3882 Enrolled - 38 - LRB103 26790 MXP 53153 b |
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| 1349 | + | |
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| 1350 | + | |
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| 1351 | + | HB3882 Enrolled- 39 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 39 - LRB103 26790 MXP 53153 b |
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| 1352 | + | HB3882 Enrolled - 39 - LRB103 26790 MXP 53153 b |
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| 1353 | + | 1 (a) The Secretary of State may issue a temporary visitor's |
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| 1354 | + | 2 driver's license to a foreign national who (i) resides in this |
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| 1355 | + | 3 State, (ii) is ineligible to obtain a social security number, |
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| 1356 | + | 4 and (iii) presents to the Secretary documentation, issued by |
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| 1357 | + | 5 United States Citizenship and Immigration Services, |
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| 1358 | + | 6 authorizing the person's presence in this country. |
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| 1359 | + | 7 (a-5) The Secretary of State may issue a temporary |
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| 1360 | + | 8 visitor's driver's license to an applicant who (i) has resided |
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| 1361 | + | 9 in this State for a period in excess of one year, (ii) is |
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| 1362 | + | 10 ineligible to obtain a social security number, and (iii) is |
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| 1363 | + | 11 unable to present documentation issued by the United States |
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| 1364 | + | 12 Citizenship and Immigration Services authorizing the person's |
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| 1365 | + | 13 presence in this country. The applicant shall submit a valid |
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| 1366 | + | 14 unexpired passport from the applicant's country of citizenship |
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| 1367 | + | 15 or a valid unexpired consular identification document issued |
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| 1368 | + | 16 by a consulate of that country as defined in Section 5 of the |
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| 1369 | + | 17 Consular Identification Document Act (5 ILCS 230/5). |
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| 1370 | + | 18 (a-10) Applicants for a temporary visitor's driver's |
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| 1371 | + | 19 license who are under 18 years of age at the time of |
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| 1372 | + | 20 application shall be subject to the provisions of Sections |
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| 1373 | + | 21 6-107 and 6-108 of this Code. |
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| 1374 | + | 22 (b) A temporary visitor's driver's license issued under |
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| 1375 | + | 23 subsection (a) is valid for 3 years, or for the period of time |
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| 1376 | + | 24 the individual is authorized to remain in this country, |
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| 1377 | + | 25 whichever ends sooner. A temporary visitor's driver's license |
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| 1378 | + | 26 issued under subsection (a-5) shall be valid for a period of 3 |
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| 1379 | + | |
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| 1380 | + | |
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| 1381 | + | |
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| 1382 | + | |
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| 1383 | + | |
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| 1384 | + | HB3882 Enrolled - 39 - LRB103 26790 MXP 53153 b |
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| 1385 | + | |
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| 1386 | + | |
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| 1388 | + | HB3882 Enrolled - 40 - LRB103 26790 MXP 53153 b |
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| 1389 | + | 1 years. |
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| 1390 | + | 2 (b-5) A temporary visitor's driver's license issued under |
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| 1391 | + | 3 this Section may not be accepted for proof of the holder's |
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| 1392 | + | 4 identity. A temporary visitor's driver's license issued under |
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| 1393 | + | 5 this Section shall contain a notice on its face, in |
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| 1394 | + | 6 capitalized letters, stating that the temporary visitor's |
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| 1395 | + | 7 driver's license may not be accepted for proof of identity. |
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| 1396 | + | 8 (c) The Secretary shall adopt rules for implementing this |
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| 1397 | + | 9 Section, including rules: |
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| 1398 | + | 10 (1) regarding the design and content of the temporary |
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| 1399 | + | 11 visitor's driver's license; |
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| 1400 | + | 12 (2) establishing criteria for proof of identification |
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| 1401 | + | 13 and residency of an individual applying under subsection |
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| 1402 | + | 14 (a-5); |
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| 1403 | + | 15 (3) designating acceptable evidence that an applicant |
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| 1404 | + | 16 is not eligible for a social security number; and |
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| 1405 | + | 17 (4) regarding the issuance of temporary visitor's |
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| 1406 | + | 18 instruction permits. |
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| 1407 | + | 19 (d) Any person to whom the Secretary of State may issue a |
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| 1408 | + | 20 temporary visitor's driver's license shall be subject to any |
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| 1409 | + | 21 and all provisions of this Code and any and all implementing |
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| 1410 | + | 22 regulations issued by the Secretary of State to the same |
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| 1411 | + | 23 extent as any person issued a driver's license, unless |
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| 1412 | + | 24 otherwise provided in this Code or by administrative rule, |
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| 1413 | + | 25 including but not limited to the examination requirements in |
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| 1414 | + | 26 Section 6-109 as well as the mandatory insurance requirements |
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| 1415 | + | |
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| 1416 | + | |
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| 1417 | + | |
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| 1418 | + | |
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| 1419 | + | |
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| 1420 | + | HB3882 Enrolled - 40 - LRB103 26790 MXP 53153 b |
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| 1421 | + | |
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| 1422 | + | |
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| 1423 | + | HB3882 Enrolled- 41 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 41 - LRB103 26790 MXP 53153 b |
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| 1424 | + | HB3882 Enrolled - 41 - LRB103 26790 MXP 53153 b |
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| 1425 | + | 1 and penalties set forth in Article VI of Chapter 7 of this |
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| 1426 | + | 2 Code. |
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| 1427 | + | 3 (d-5) A temporary visitor's driver's license is invalid if |
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| 1428 | + | 4 the holder is unable to provide proof of liability insurance |
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| 1429 | + | 5 as required by Section 7-601 of this Code upon the request of a |
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| 1430 | + | 6 law enforcement officer, in which case the holder commits a |
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| 1431 | + | 7 violation of Section 6-101 of this Code. |
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| 1432 | + | 8 (e) Temporary visitor's driver's licenses shall be issued |
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| 1433 | + | 9 from a central location after the Secretary of State has |
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| 1434 | + | 10 verified the information provided by the applicant. |
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| 1435 | + | 11 (f) There is created in the State treasury a special fund |
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| 1436 | + | 12 to be known as the Driver Services Administration Fund. All |
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| 1437 | + | 13 fees collected for the issuance of temporary visitor's |
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| 1438 | + | 14 driver's licenses shall be deposited into the Fund. These |
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| 1439 | + | 15 funds shall, subject to appropriation, be used by the Office |
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| 1440 | + | 16 of the Secretary of State for costs related to the issuance of |
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| 1441 | + | 17 temporary visitor's driver's licenses, and other operational |
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| 1442 | + | 18 costs, including personnel, facilities, computer programming, |
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| 1443 | + | 19 and data transmission. |
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| 1444 | + | 20 (g) No temporary visitor's driver's licenses shall be |
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| 1445 | + | 21 issued after the effective date of this amendatory Act of the |
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| 1446 | + | 22 103rd General Assembly. |
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| 1447 | + | 23 (Source: P.A. 97-1157, eff. 11-28-13.) |
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| 1448 | + | 24 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) |
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| 1449 | + | 25 Sec. 6-106. Application for license or instruction permit. |
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| 1450 | + | |
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| 1451 | + | |
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| 1452 | + | |
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| 1453 | + | |
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| 1454 | + | |
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| 1455 | + | HB3882 Enrolled - 41 - LRB103 26790 MXP 53153 b |
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| 1456 | + | |
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| 1457 | + | |
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| 1458 | + | HB3882 Enrolled- 42 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 42 - LRB103 26790 MXP 53153 b |
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| 1459 | + | HB3882 Enrolled - 42 - LRB103 26790 MXP 53153 b |
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| 1460 | + | 1 (a) Every application for any permit or license authorized |
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| 1461 | + | 2 to be issued under this Code shall be made upon a form |
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| 1462 | + | 3 furnished by the Secretary of State. Every application shall |
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| 1463 | + | 4 be accompanied by the proper fee and payment of such fee shall |
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| 1464 | + | 5 entitle the applicant to not more than 3 attempts to pass the |
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| 1465 | + | 6 examination within a period of one year after the date of |
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| 1466 | + | 7 application. |
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| 1467 | + | 8 (b) Every application shall state the legal name, social |
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| 1468 | + | 9 security number, zip code, date of birth, sex, and residence |
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| 1469 | + | 10 address of the applicant; briefly describe the applicant; |
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| 1470 | + | 11 state whether the applicant has theretofore been licensed as a |
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| 1471 | + | 12 driver, and, if so, when and by what state or country, and |
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| 1472 | + | 13 whether any such license has ever been cancelled, suspended, |
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| 1473 | + | 14 revoked or refused, and, if so, the date and reason for such |
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| 1474 | + | 15 cancellation, suspension, revocation or refusal; shall include |
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| 1475 | + | 16 an affirmation by the applicant that all information set forth |
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| 1476 | + | 17 is true and correct; and shall bear the applicant's signature. |
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| 1477 | + | 18 In addition to the residence address, the Secretary may allow |
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| 1478 | + | 19 the applicant to provide a mailing address. In the case of an |
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| 1479 | + | 20 applicant who is a judicial officer or peace officer, the |
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| 1480 | + | 21 Secretary may allow the applicant to provide an office or work |
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| 1481 | + | 22 address in lieu of a residence or mailing address. The |
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| 1482 | + | 23 application form may also require the statement of such |
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| 1483 | + | 24 additional relevant information as the Secretary of State |
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| 1484 | + | 25 shall deem necessary to determine the applicant's competency |
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| 1485 | + | 26 and eligibility. The Secretary of State may, in his |
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| 1486 | + | |
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| 1487 | + | |
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| 1488 | + | |
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| 1489 | + | |
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| 1490 | + | |
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| 1491 | + | HB3882 Enrolled - 42 - LRB103 26790 MXP 53153 b |
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| 1492 | + | |
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| 1493 | + | |
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| 1494 | + | HB3882 Enrolled- 43 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 43 - LRB103 26790 MXP 53153 b |
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| 1495 | + | HB3882 Enrolled - 43 - LRB103 26790 MXP 53153 b |
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| 1496 | + | 1 discretion, by rule or regulation, provide that an application |
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| 1497 | + | 2 for a drivers license or permit may include a suitable |
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| 1498 | + | 3 photograph of the applicant in the form prescribed by the |
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| 1499 | + | 4 Secretary, and he may further provide that each drivers |
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| 1500 | + | 5 license shall include a photograph of the driver. The |
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| 1501 | + | 6 Secretary of State may utilize a photograph process or system |
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| 1502 | + | 7 most suitable to deter alteration or improper reproduction of |
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| 1503 | + | 8 a drivers license and to prevent substitution of another photo |
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| 1504 | + | 9 thereon. For the purposes of this subsection (b), "peace |
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| 1505 | + | 10 officer" means any person who by virtue of his or her office or |
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| 1506 | + | 11 public employment is vested by law with a duty to maintain |
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| 1507 | + | 12 public order or to make arrests for a violation of any penal |
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| 1508 | + | 13 statute of this State, whether that duty extends to all |
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| 1509 | + | 14 violations or is limited to specific violations. |
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| 1510 | + | 15 (b-1) Every application shall state the social security |
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| 1511 | + | 16 number of the applicant; except if the applicant is applying |
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| 1512 | + | 17 for a standard driver's license and, on the date of |
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| 1513 | + | 18 application, is ineligible for a social security number, then: |
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| 1514 | + | 19 (1) if the applicant has documentation, issued by the |
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| 1515 | + | 20 United States Department of Homeland Security, authorizing |
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| 1516 | + | 21 the applicant's presence in this country, the applicant |
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| 1517 | + | 22 shall provide such documentation instead of a social |
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| 1518 | + | 23 security number; and |
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| 1519 | + | 24 (2) if the applicant does not have documentation |
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| 1520 | + | 25 described in paragraph (1), the applicant shall provide, |
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| 1521 | + | 26 instead of a social security number, the following: |
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| 1522 | + | |
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| 1523 | + | |
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| 1524 | + | |
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| 1525 | + | |
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| 1526 | + | |
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| 1527 | + | HB3882 Enrolled - 43 - LRB103 26790 MXP 53153 b |
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| 1528 | + | |
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| 1529 | + | |
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| 1530 | + | HB3882 Enrolled- 44 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 44 - LRB103 26790 MXP 53153 b |
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| 1531 | + | HB3882 Enrolled - 44 - LRB103 26790 MXP 53153 b |
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| 1532 | + | 1 (A) documentation establishing that the applicant |
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| 1533 | + | 2 has resided in this State for a period in excess of one |
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| 1534 | + | 3 year; |
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| 1535 | + | 4 (B) a passport validly issued to the applicant |
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| 1536 | + | 5 from the applicant's country of citizenship or a |
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| 1537 | + | 6 consular identification document validly issued to the |
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| 1538 | + | 7 applicant by a consulate of that country as defined in |
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| 1539 | + | 8 Section 5 of the Consular Identification Document Act, |
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| 1540 | + | 9 as long as such documents are either unexpired or |
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| 1541 | + | 10 presented by an applicant within 2 years of its |
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| 1542 | + | 11 expiration date; and |
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| 1543 | + | 12 (C) a social security card, if the applicant has a |
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| 1544 | + | 13 social security number. |
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| 1545 | + | 14 (b-3) Upon the first issuance of a request for proposals |
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| 1546 | + | 15 for a digital driver's license and identification card |
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| 1547 | + | 16 issuance and facial recognition system issued after January 1, |
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| 1548 | + | 17 2020 (the effective date of Public Act 101-513), and upon |
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| 1549 | + | 18 implementation of a new or revised system procured pursuant to |
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| 1550 | + | 19 that request for proposals, the Secretary shall permit |
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| 1551 | + | 20 applicants to choose between "male", "female" or "non-binary" |
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| 1552 | + | 21 when designating the applicant's sex on the driver's license |
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| 1553 | + | 22 application form. The sex designated by the applicant shall be |
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| 1554 | + | 23 displayed on the driver's license issued to the applicant. |
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| 1555 | + | 24 (b-5) Every applicant for a REAL ID compliant driver's |
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| 1556 | + | 25 license or permit shall provide proof of lawful status in the |
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| 1557 | + | 26 United States as defined in 6 CFR 37.3, as amended. Applicants |
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| 1558 | + | |
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| 1559 | + | |
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| 1560 | + | |
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| 1561 | + | |
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| 1562 | + | |
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| 1563 | + | HB3882 Enrolled - 44 - LRB103 26790 MXP 53153 b |
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| 1564 | + | |
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| 1565 | + | |
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| 1566 | + | HB3882 Enrolled- 45 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 45 - LRB103 26790 MXP 53153 b |
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| 1567 | + | HB3882 Enrolled - 45 - LRB103 26790 MXP 53153 b |
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| 1568 | + | 1 who are unable to provide the Secretary with proof of lawful |
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| 1569 | + | 2 status may apply for a driver's license or permit under |
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| 1570 | + | 3 Section 6-105.1 of this Code. |
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| 1571 | + | 4 (c) The application form shall include a notice to the |
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| 1572 | + | 5 applicant of the registration obligations of sex offenders |
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| 1573 | + | 6 under the Sex Offender Registration Act. The notice shall be |
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| 1574 | + | 7 provided in a form and manner prescribed by the Secretary of |
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| 1575 | + | 8 State. For purposes of this subsection (c), "sex offender" has |
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| 1576 | + | 9 the meaning ascribed to it in Section 2 of the Sex Offender |
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| 1577 | + | 10 Registration Act. |
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| 1578 | + | 11 (d) Any male United States citizen or immigrant who |
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| 1579 | + | 12 applies for any permit or license authorized to be issued |
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| 1580 | + | 13 under this Code or for a renewal of any permit or license, and |
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| 1581 | + | 14 who is at least 18 years of age but less than 26 years of age, |
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| 1582 | + | 15 must be registered in compliance with the requirements of the |
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| 1583 | + | 16 federal Military Selective Service Act. The Secretary of State |
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| 1584 | + | 17 must forward in an electronic format the necessary personal |
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| 1585 | + | 18 information regarding the applicants identified in this |
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| 1586 | + | 19 subsection (d) to the Selective Service System. The |
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| 1587 | + | 20 applicant's signature on the application serves as an |
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| 1588 | + | 21 indication that the applicant either has already registered |
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| 1589 | + | 22 with the Selective Service System or that he is authorizing |
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| 1590 | + | 23 the Secretary to forward to the Selective Service System the |
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| 1591 | + | 24 necessary information for registration. The Secretary must |
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| 1592 | + | 25 notify the applicant at the time of application that his |
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| 1593 | + | 26 signature constitutes consent to registration with the |
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| 1594 | + | |
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| 1595 | + | |
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| 1596 | + | |
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| 1597 | + | |
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| 1598 | + | |
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| 1599 | + | HB3882 Enrolled - 45 - LRB103 26790 MXP 53153 b |
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| 1600 | + | |
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| 1601 | + | |
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| 1602 | + | HB3882 Enrolled- 46 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 46 - LRB103 26790 MXP 53153 b |
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| 1603 | + | HB3882 Enrolled - 46 - LRB103 26790 MXP 53153 b |
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| 1604 | + | 1 Selective Service System, if he is not already registered. |
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| 1605 | + | 2 (e) Beginning on or before July 1, 2015, for each original |
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| 1606 | + | 3 or renewal driver's license application under this Code, the |
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| 1607 | + | 4 Secretary shall inquire as to whether the applicant is a |
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| 1608 | + | 5 veteran for purposes of issuing a driver's license with a |
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| 1609 | + | 6 veteran designation under subsection (e-5) of Section 6-110 of |
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| 1610 | + | 7 this Code. The acceptable forms of proof shall include, but |
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| 1611 | + | 8 are not limited to, Department of Defense form DD-214, |
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| 1612 | + | 9 Department of Defense form DD-256 for applicants who did not |
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| 1613 | + | 10 receive a form DD-214 upon the completion of initial basic |
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| 1614 | + | 11 training, Department of Defense form DD-2 (Retired), an |
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| 1615 | + | 12 identification card issued under the federal Veterans |
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| 1616 | + | 13 Identification Card Act of 2015, or a United States Department |
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| 1617 | + | 14 of Veterans Affairs summary of benefits letter. If the |
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| 1618 | + | 15 document cannot be stamped, the Illinois Department of |
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| 1619 | + | 16 Veterans' Affairs shall provide a certificate to the veteran |
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| 1620 | + | 17 to provide to the Secretary of State. The Illinois Department |
---|
| 1621 | + | 18 of Veterans' Affairs shall advise the Secretary as to what |
---|
| 1622 | + | 19 other forms of proof of a person's status as a veteran are |
---|
| 1623 | + | 20 acceptable. |
---|
| 1624 | + | 21 For each applicant who is issued a driver's license with a |
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| 1625 | + | 22 veteran designation, the Secretary shall provide the |
---|
| 1626 | + | 23 Department of Veterans' Affairs with the applicant's name, |
---|
| 1627 | + | 24 address, date of birth, gender and such other demographic |
---|
| 1628 | + | 25 information as agreed to by the Secretary and the Department. |
---|
| 1629 | + | 26 The Department may take steps necessary to confirm the |
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| 1630 | + | |
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| 1631 | + | |
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| 1632 | + | |
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| 1633 | + | |
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| 1634 | + | |
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| 1635 | + | HB3882 Enrolled - 46 - LRB103 26790 MXP 53153 b |
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| 1636 | + | |
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| 1637 | + | |
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| 1638 | + | HB3882 Enrolled- 47 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 47 - LRB103 26790 MXP 53153 b |
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| 1639 | + | HB3882 Enrolled - 47 - LRB103 26790 MXP 53153 b |
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| 1640 | + | 1 applicant is a veteran. If after due diligence, including |
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| 1641 | + | 2 writing to the applicant at the address provided by the |
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| 1642 | + | 3 Secretary, the Department is unable to verify the applicant's |
---|
| 1643 | + | 4 veteran status, the Department shall inform the Secretary, who |
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| 1644 | + | 5 shall notify the applicant that he or she must confirm status |
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| 1645 | + | 6 as a veteran, or the driver's license will be cancelled. |
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| 1646 | + | 7 For purposes of this subsection (e): |
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| 1647 | + | 8 "Armed forces" means any of the Armed Forces of the United |
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| 1648 | + | 9 States, including a member of any reserve component or |
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| 1649 | + | 10 National Guard unit. |
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| 1650 | + | 11 "Veteran" means a person who has served in the armed |
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| 1651 | + | 12 forces and was discharged or separated under honorable |
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| 1652 | + | 13 conditions. |
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| 1653 | + | 14 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; |
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| 1654 | + | 15 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) |
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| 1655 | + | 16 (625 ILCS 5/6-110.1) |
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| 1656 | + | 17 Sec. 6-110.1. Confidentiality of captured photographs or |
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| 1657 | + | 18 images. |
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| 1658 | + | 19 (a) The Secretary of State shall maintain a file on or |
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| 1659 | + | 20 contract to file all photographs and signatures obtained in |
---|
| 1660 | + | 21 the process of issuing a driver's license, permit, or |
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| 1661 | + | 22 identification card. Except as otherwise provided in this |
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| 1662 | + | 23 Section, the photographs and signatures shall be confidential |
---|
| 1663 | + | 24 and shall not be disclosed except to the following persons: |
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| 1664 | + | 25 (1) the individual to whom the driver's license or |
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| 1665 | + | |
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| 1666 | + | |
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| 1667 | + | |
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| 1668 | + | |
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| 1669 | + | |
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| 1670 | + | HB3882 Enrolled - 47 - LRB103 26790 MXP 53153 b |
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| 1671 | + | |
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| 1672 | + | |
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| 1673 | + | HB3882 Enrolled- 48 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 48 - LRB103 26790 MXP 53153 b |
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| 1674 | + | HB3882 Enrolled - 48 - LRB103 26790 MXP 53153 b |
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| 1675 | + | 1 permit was issued, upon written request; |
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| 1676 | + | 2 (2) officers and employees of the Secretary of State |
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| 1677 | + | 3 who have a need to have access to the stored images for |
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| 1678 | + | 4 purposes of issuing and controlling driver's licenses, |
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| 1679 | + | 5 permits, or identification cards and investigation of |
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| 1680 | + | 6 fraud or misconduct; |
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| 1681 | + | 7 (3) law enforcement officials for a civil or criminal |
---|
| 1682 | + | 8 law enforcement investigation, except as restricted by |
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| 1683 | + | 9 section 6-110.3; |
---|
| 1684 | + | 10 (3-5) the State Board of Elections for the sole |
---|
| 1685 | + | 11 purpose of providing the signatures required by a local |
---|
| 1686 | + | 12 election authority to register a voter through an online |
---|
| 1687 | + | 13 voter registration system; |
---|
| 1688 | + | 14 (3-10) officers and employees of the Secretary of |
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| 1689 | + | 15 State who have a need to have access to the stored images |
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| 1690 | + | 16 for purposes of issuing and controlling notary public |
---|
| 1691 | + | 17 commissions and for the purpose of providing the |
---|
| 1692 | + | 18 signatures required to process online applications for |
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| 1693 | + | 19 appointment and commission as notaries public; or |
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| 1694 | + | 20 (4) other entities that the Secretary may authorize by |
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| 1695 | + | 21 rule. |
---|
| 1696 | + | 22 (b) The Secretary of State shall not provide facial |
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| 1697 | + | 23 recognition search services or photographs obtained in the |
---|
| 1698 | + | 24 process of issuing a driver's license or permit to any |
---|
| 1699 | + | 25 federal, State, or local law enforcement agency or other |
---|
| 1700 | + | 26 governmental entity for the purpose of enforcing federal |
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| 1701 | + | |
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| 1702 | + | |
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| 1703 | + | |
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| 1704 | + | |
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| 1705 | + | |
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| 1706 | + | HB3882 Enrolled - 48 - LRB103 26790 MXP 53153 b |
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| 1707 | + | |
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| 1708 | + | |
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| 1709 | + | HB3882 Enrolled- 49 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 49 - LRB103 26790 MXP 53153 b |
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| 1710 | + | HB3882 Enrolled - 49 - LRB103 26790 MXP 53153 b |
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| 1711 | + | 1 immigration laws. This subsection shall not apply to requests |
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| 1712 | + | 2 from federal, State, or local law enforcement agencies or |
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| 1713 | + | 3 other governmental entities for facial recognition search |
---|
| 1714 | + | 4 services or photographs obtained in the process of issuing a |
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| 1715 | + | 5 driver's license or permit when the purpose of the request |
---|
| 1716 | + | 6 relates to criminal activity other than violations of |
---|
| 1717 | + | 7 immigration laws. |
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| 1718 | + | 8 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) |
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| 1719 | + | 9 (625 ILCS 5/6-110.2) |
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| 1720 | + | 10 Sec. 6-110.2. Confidentiality of documents submitted with |
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| 1721 | + | 11 an application for a driver's license. Documents required to |
---|
| 1722 | + | 12 be submitted with an application for a driver's license to |
---|
| 1723 | + | 13 prove the applicant's identity (name and date of birth), |
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| 1724 | + | 14 social security number or lack of a social security number, |
---|
| 1725 | + | 15 written signature, residency, and, as applicable, citizenship |
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| 1726 | + | 16 or immigration proof of lawful status and country of |
---|
| 1727 | + | 17 citizenship shall be confidential and shall not be disclosed |
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| 1728 | + | 18 except to the following persons: |
---|
| 1729 | + | 19 (1) the individual to whom the driver's license or |
---|
| 1730 | + | 20 permit was issued, upon written request; |
---|
| 1731 | + | 21 (2) officers and employees of the Secretary of State |
---|
| 1732 | + | 22 who have a need to have access to the stored images for |
---|
| 1733 | + | 23 purposes of issuing and controlling driver's licenses, |
---|
| 1734 | + | 24 permits, or identification cards and investigation of |
---|
| 1735 | + | 25 fraud or misconduct; |
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| 1736 | + | |
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| 1737 | + | |
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| 1738 | + | |
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| 1739 | + | |
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| 1740 | + | |
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| 1741 | + | HB3882 Enrolled - 49 - LRB103 26790 MXP 53153 b |
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| 1742 | + | |
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| 1743 | + | |
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| 1744 | + | HB3882 Enrolled- 50 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 50 - LRB103 26790 MXP 53153 b |
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| 1745 | + | HB3882 Enrolled - 50 - LRB103 26790 MXP 53153 b |
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| 1746 | + | 1 (3) law enforcement officials for a civil or criminal |
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| 1747 | + | 2 law enforcement investigation, except as restricted by |
---|
| 1748 | + | 3 Section 6-110.3; |
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| 1749 | + | 4 (4) other entities that the Secretary may authorize by |
---|
| 1750 | + | 5 rule. |
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| 1751 | + | 6 (Source: P.A. 101-326, eff. 8-9-19.) |
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| 1752 | + | 7 (625 ILCS 5/6-110.3 new) |
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| 1753 | + | 8 Sec. 6-110.3. Restrictions on use of information for |
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| 1754 | + | 9 certain purposes. |
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| 1755 | + | 10 (a) Notwithstanding any other provision of law, the |
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| 1756 | + | 11 Secretary may not release or make accessible in any manner any |
---|
| 1757 | + | 12 highly restricted personal information as defined in Section |
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| 1758 | + | 13 1-125.9 or personally identifying information as defined in |
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| 1759 | + | 14 Section 1-159.2, provide images, photos, or facial recognition |
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| 1760 | + | 15 services as described in Section 6-110.1, or disclose |
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| 1761 | + | 16 documents as described in Section 6-110.2 to any immigration |
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| 1762 | + | 17 agent as defined in Section 10 of the Illinois TRUST Act, |
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| 1763 | + | 18 unless necessary to comply with the following, to the extent |
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| 1764 | + | 19 that production of such information or documents is |
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| 1765 | + | 20 specifically required: |
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| 1766 | + | 21 (1) a lawful court order; |
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| 1767 | + | 22 (2) a judicial warrant signed by a judge appointed |
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| 1768 | + | 23 pursuant to Article III of the Constitution of the United |
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| 1769 | + | 24 States; or |
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| 1770 | + | 25 (3) a subpoena for individual records issued by a |
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| 1771 | + | |
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| 1772 | + | |
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| 1773 | + | |
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| 1774 | + | |
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| 1775 | + | |
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| 1776 | + | HB3882 Enrolled - 50 - LRB103 26790 MXP 53153 b |
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| 1777 | + | |
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| 1778 | + | |
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| 1779 | + | HB3882 Enrolled- 51 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 51 - LRB103 26790 MXP 53153 b |
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| 1780 | + | HB3882 Enrolled - 51 - LRB103 26790 MXP 53153 b |
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| 1781 | + | 1 federal or State court. |
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| 1782 | + | 2 When responding to such a court order, warrant, or |
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| 1783 | + | 3 subpoena, the Secretary shall disclose only those documents or |
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| 1784 | + | 4 information specifically requested. Within 3 business days of |
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| 1785 | + | 5 receiving such a court order, warrant, or subpoena, the |
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| 1786 | + | 6 Secretary shall send a notification to the individual about |
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| 1787 | + | 7 whom such information was requested that a court order, |
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| 1788 | + | 8 warrant, or subpoena was received and the identity of the |
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| 1789 | + | 9 entity that presented the court order, warrant, or subpoena. |
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| 1790 | + | 10 (b) The Secretary shall not enter into or maintain any |
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| 1791 | + | 11 agreement regarding the sharing of any highly restricted |
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| 1792 | + | 12 personal information as defined in Section 1-125.9, personally |
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| 1793 | + | 13 identifying information as defined in Section 1-159.2, images |
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| 1794 | + | 14 or photos described in Section 6-110.1, or documents described |
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| 1795 | + | 15 in Section 6-110.2 unless all other parties to such agreement |
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| 1796 | + | 16 certify that the information obtained will not be used for |
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| 1797 | + | 17 civil immigration purposes or knowingly disseminated to any |
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| 1798 | + | 18 third party for any purpose related to civil immigration |
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| 1799 | + | 19 enforcement. |
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| 1800 | + | 20 (625 ILCS 5/6-121) |
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| 1801 | + | 21 Sec. 6-121. Issuance of confidential drivers' licenses. |
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| 1802 | + | 22 (a) Requirements for use of confidential drivers' |
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| 1803 | + | 23 licenses. Confidential drivers' licenses may be issued to |
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| 1804 | + | 24 local, state, and federal government agencies for bona fide |
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| 1805 | + | 25 law enforcement purposes. The drivers' licenses may be issued |
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| 1806 | + | |
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| 1807 | + | |
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| 1808 | + | |
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| 1809 | + | |
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| 1810 | + | |
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| 1811 | + | HB3882 Enrolled - 51 - LRB103 26790 MXP 53153 b |
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| 1812 | + | |
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| 1813 | + | |
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| 1814 | + | HB3882 Enrolled- 52 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 52 - LRB103 26790 MXP 53153 b |
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| 1815 | + | HB3882 Enrolled - 52 - LRB103 26790 MXP 53153 b |
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| 1816 | + | 1 with fictitious names and addresses, and may be used only for |
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| 1817 | + | 2 confidential, investigative, or undercover law enforcement |
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| 1818 | + | 3 operations. Confidential drivers' licenses may be issued as |
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| 1819 | + | 4 REAL ID compliant or standard non-compliant driver's licenses. |
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| 1820 | + | 5 (b) Application procedures for confidential drivers' |
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| 1821 | + | 6 licenses: |
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| 1822 | + | 7 (1) Applications by local, state, and federal |
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| 1823 | + | 8 government agencies for confidential drivers' licenses |
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| 1824 | + | 9 must be made to the Secretary of State Police Department |
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| 1825 | + | 10 on a form and in a manner prescribed by the Secretary of |
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| 1826 | + | 11 State Police Department. |
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| 1827 | + | 12 (2) The application form must include information, as |
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| 1828 | + | 13 specific as possible without compromising investigations |
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| 1829 | + | 14 or techniques, setting forth the need for the drivers' |
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| 1830 | + | 15 licenses and the uses to which the licenses will be |
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| 1831 | + | 16 limited. |
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| 1832 | + | 17 (3) The application form must be signed and verified |
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| 1833 | + | 18 by the local, state, or federal government agency head or |
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| 1834 | + | 19 designee. |
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| 1835 | + | 20 (4) Registration information maintained by the |
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| 1836 | + | 21 Secretary of State Police Department for confidential |
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| 1837 | + | 22 drivers' licenses must show the fictitious names and |
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| 1838 | + | 23 addresses on all records subject to public disclosure. All |
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| 1839 | + | 24 other information concerning these confidential drivers' |
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| 1840 | + | 25 licenses are exempt from disclosure unless the disclosure |
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| 1841 | + | 26 is ordered by a court of competent jurisdiction. |
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| 1842 | + | |
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| 1843 | + | |
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| 1844 | + | |
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| 1845 | + | |
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| 1846 | + | |
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| 1847 | + | HB3882 Enrolled - 52 - LRB103 26790 MXP 53153 b |
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| 1848 | + | |
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| 1849 | + | |
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| 1850 | + | HB3882 Enrolled- 53 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 53 - LRB103 26790 MXP 53153 b |
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| 1851 | + | HB3882 Enrolled - 53 - LRB103 26790 MXP 53153 b |
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| 1852 | + | 1 (c) Revocation and cancellation procedures for |
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| 1853 | + | 2 confidential drivers' licenses: |
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| 1854 | + | 3 (1) The Secretary of State Police Department may |
---|
| 1855 | + | 4 revoke or refuse to renew confidential drivers' licenses |
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| 1856 | + | 5 when they have reasonable cause to believe the licenses |
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| 1857 | + | 6 are being used for purposes other than those set forth in |
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| 1858 | + | 7 the application form or authorized by this Section. |
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| 1859 | + | 8 Confidential drivers' licenses may also be revoked where |
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| 1860 | + | 9 traffic violation citations have been issued to the driver |
---|
| 1861 | + | 10 and subsequent investigation reveals that the issuance of |
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| 1862 | + | 11 the citations was unrelated to the purposes for which the |
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| 1863 | + | 12 confidential driver's license was issued. In such cases, |
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| 1864 | + | 13 the citations and any resulting court orders, convictions, |
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| 1865 | + | 14 supervisions or other sanctions must be treated by the |
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| 1866 | + | 15 Secretary of State as though they were issued in relation |
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| 1867 | + | 16 to the true driver's license of the individual to whom the |
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| 1868 | + | 17 confidential driver's license was issued. |
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| 1869 | + | 18 (2) A government agency must request cancellation of |
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| 1870 | + | 19 confidential drivers' licenses that are no longer required |
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| 1871 | + | 20 for the purposes for which they were issued. |
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| 1872 | + | 21 (3) All revoked confidential drivers' licenses must be |
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| 1873 | + | 22 promptly returned to the Secretary of State Police |
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| 1874 | + | 23 Department by the government agency to which they were |
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| 1875 | + | 24 issued. |
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| 1876 | + | 25 (Source: P.A. 100-248, eff. 8-22-17.) |
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| 1877 | + | |
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| 1878 | + | |
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| 1879 | + | |
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| 1880 | + | |
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| 1881 | + | |
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| 1882 | + | HB3882 Enrolled - 53 - LRB103 26790 MXP 53153 b |
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| 1883 | + | |
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| 1884 | + | |
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| 1885 | + | HB3882 Enrolled- 54 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 54 - LRB103 26790 MXP 53153 b |
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| 1886 | + | HB3882 Enrolled - 54 - LRB103 26790 MXP 53153 b |
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| 1887 | + | 1 (625 ILCS 5/6-122) |
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| 1888 | + | 2 Sec. 6-122. Expedited driver's license. The Secretary of |
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| 1889 | + | 3 State may provide for an expedited process for the issuance of |
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| 1890 | + | 4 a driver's license, excluding temporary visitor's driver's |
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| 1891 | + | 5 licenses. The Secretary shall charge an additional fee for the |
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| 1892 | + | 6 issuance of an expedited driver's license, to be set by rule, |
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| 1893 | + | 7 not to exceed $75. All fees collected by the Secretary for |
---|
| 1894 | + | 8 expedited driver's license service shall be deposited into the |
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| 1895 | + | 9 Secretary of State Special Services Fund. The Secretary may |
---|
| 1896 | + | 10 adopt rules regarding the eligibility, process, and fee for an |
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| 1897 | + | 11 expedited driver's license. |
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| 1898 | + | 12 (Source: P.A. 99-305, eff. 1-1-16.) |
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| 1899 | + | 13 Section 99. Effective date. This Act takes effect July 1, |
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| 1900 | + | 14 2024. |
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| 1901 | + | HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance |
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| 1902 | + | HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b |
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| 1903 | + | HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b |
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| 1904 | + | 1 INDEX |
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| 1905 | + | 2 Statutes amended in order of appearance |
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| 1906 | + | |
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| 1907 | + | |
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| 1908 | + | |
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| 1909 | + | |
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| 1910 | + | |
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| 1911 | + | HB3882 Enrolled - 54 - LRB103 26790 MXP 53153 b |
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| 1912 | + | |
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| 1913 | + | |
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| 1914 | + | |
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| 1915 | + | HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b |
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| 1916 | + | HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b |
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| 1917 | + | 1 INDEX |
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| 1918 | + | 2 Statutes amended in order of appearance |
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| 1919 | + | |
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| 1920 | + | |
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| 1921 | + | |
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| 1922 | + | |
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| 1923 | + | |
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| 1924 | + | HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b |
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