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1 | - | Public Act 103-0824 | |
2 | 1 | HB4592 EnrolledLRB103 37116 MXP 67235 b HB4592 Enrolled LRB103 37116 MXP 67235 b | |
3 | 2 | HB4592 Enrolled LRB103 37116 MXP 67235 b | |
4 | - | AN ACT concerning transportation. | |
5 | - | Be it enacted by the People of the State of Illinois, | |
6 | - | represented in the General Assembly: | |
7 | - | Section 5. The Illinois Identification Card Act is amended | |
8 | - | by changing Section 4 as follows: | |
9 | - | (15 ILCS 335/4) | |
10 | - | (Text of Section before amendment by P.A. 103-210) | |
11 | - | Sec. 4. Identification card. | |
12 | - | (a) In accordance with the requirements of this Section, | |
13 | - | the The Secretary of State shall issue a standard Illinois | |
14 | - | Identification Card, as well as a mobile Illinois | |
15 | - | Identification Card, to any natural person who is a resident | |
16 | - | of the State of Illinois who applies for such a card, or | |
17 | - | renewal thereof. No identification card shall be issued to any | |
18 | - | person who holds a valid foreign state identification card, | |
19 | - | license, or permit unless the person first surrenders to the | |
20 | - | Secretary of State the valid foreign state identification | |
21 | - | card, license, or permit. The card shall be prepared and | |
22 | - | supplied by the Secretary of State and shall include a | |
23 | - | photograph and signature or mark of the applicant. However, | |
24 | - | the Secretary of State may provide by rule for the issuance of | |
25 | - | Illinois Identification Cards without photographs if the | |
26 | - | applicant has a bona fide religious objection to being | |
3 | + | 1 AN ACT concerning transportation. | |
4 | + | 2 Be it enacted by the People of the State of Illinois, | |
5 | + | 3 represented in the General Assembly: | |
6 | + | 4 Section 5. The Illinois Identification Card Act is amended | |
7 | + | 5 by changing Section 4 as follows: | |
8 | + | 6 (15 ILCS 335/4) | |
9 | + | 7 (Text of Section before amendment by P.A. 103-210) | |
10 | + | 8 Sec. 4. Identification card. | |
11 | + | 9 (a) In accordance with the requirements of this Section, | |
12 | + | 10 the The Secretary of State shall issue a standard Illinois | |
13 | + | 11 Identification Card, as well as a mobile Illinois | |
14 | + | 12 Identification Card, to any natural person who is a resident | |
15 | + | 13 of the State of Illinois who applies for such a card, or | |
16 | + | 14 renewal thereof. No identification card shall be issued to any | |
17 | + | 15 person who holds a valid foreign state identification card, | |
18 | + | 16 license, or permit unless the person first surrenders to the | |
19 | + | 17 Secretary of State the valid foreign state identification | |
20 | + | 18 card, license, or permit. The card shall be prepared and | |
21 | + | 19 supplied by the Secretary of State and shall include a | |
22 | + | 20 photograph and signature or mark of the applicant. However, | |
23 | + | 21 the Secretary of State may provide by rule for the issuance of | |
24 | + | 22 Illinois Identification Cards without photographs if the | |
25 | + | 23 applicant has a bona fide religious objection to being | |
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33 | - | photographed or to the display of his or her photograph. The | |
34 | - | Illinois Identification Card may be used for identification | |
35 | - | purposes in any lawful situation only by the person to whom it | |
36 | - | was issued. As used in this Act, "photograph" means any color | |
37 | - | photograph or digitally produced and captured image of an | |
38 | - | applicant for an identification card. As used in this Act, | |
39 | - | "signature" means the name of a person as written by that | |
40 | - | person and captured in a manner acceptable to the Secretary of | |
41 | - | State. | |
42 | - | (a-5) If an applicant for an identification card has a | |
43 | - | current driver's license or instruction permit issued by the | |
44 | - | Secretary of State, the Secretary may require the applicant to | |
45 | - | utilize the same residence address and name on the | |
46 | - | identification card, driver's license, and instruction permit | |
47 | - | records maintained by the Secretary. The Secretary may | |
48 | - | promulgate rules to implement this provision. | |
49 | - | (a-10) If the applicant is a judicial officer as defined | |
50 | - | in Section 1-10 of the Judicial Privacy Act or a peace officer, | |
51 | - | the applicant may elect to have his or her office or work | |
52 | - | address listed on the card instead of the applicant's | |
53 | - | residence or mailing address. The Secretary may promulgate | |
54 | - | rules to implement this provision. For the purposes of this | |
55 | - | subsection (a-10), "peace officer" means any person who by | |
56 | - | virtue of his or her office or public employment is vested by | |
57 | - | law with a duty to maintain public order or to make arrests for | |
58 | - | a violation of any penal statute of this State, whether that | |
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34 | + | 1 photographed or to the display of his or her photograph. The | |
35 | + | 2 Illinois Identification Card may be used for identification | |
36 | + | 3 purposes in any lawful situation only by the person to whom it | |
37 | + | 4 was issued. As used in this Act, "photograph" means any color | |
38 | + | 5 photograph or digitally produced and captured image of an | |
39 | + | 6 applicant for an identification card. As used in this Act, | |
40 | + | 7 "signature" means the name of a person as written by that | |
41 | + | 8 person and captured in a manner acceptable to the Secretary of | |
42 | + | 9 State. | |
43 | + | 10 (a-5) If an applicant for an identification card has a | |
44 | + | 11 current driver's license or instruction permit issued by the | |
45 | + | 12 Secretary of State, the Secretary may require the applicant to | |
46 | + | 13 utilize the same residence address and name on the | |
47 | + | 14 identification card, driver's license, and instruction permit | |
48 | + | 15 records maintained by the Secretary. The Secretary may | |
49 | + | 16 promulgate rules to implement this provision. | |
50 | + | 17 (a-10) If the applicant is a judicial officer as defined | |
51 | + | 18 in Section 1-10 of the Judicial Privacy Act or a peace officer, | |
52 | + | 19 the applicant may elect to have his or her office or work | |
53 | + | 20 address listed on the card instead of the applicant's | |
54 | + | 21 residence or mailing address. The Secretary may promulgate | |
55 | + | 22 rules to implement this provision. For the purposes of this | |
56 | + | 23 subsection (a-10), "peace officer" means any person who by | |
57 | + | 24 virtue of his or her office or public employment is vested by | |
58 | + | 25 law with a duty to maintain public order or to make arrests for | |
59 | + | 26 a violation of any penal statute of this State, whether that | |
59 | 60 | ||
60 | 61 | ||
61 | - | duty extends to all violations or is limited to specific | |
62 | - | violations. | |
63 | - | (a-15) The Secretary of State may provide for an expedited | |
64 | - | process for the issuance of an Illinois Identification Card. | |
65 | - | The Secretary shall charge an additional fee for the expedited | |
66 | - | issuance of an Illinois Identification Card, to be set by | |
67 | - | rule, not to exceed $75. All fees collected by the Secretary | |
68 | - | for expedited Illinois Identification Card service shall be | |
69 | - | deposited into the Secretary of State Special Services Fund. | |
70 | - | The Secretary may adopt rules regarding the eligibility, | |
71 | - | process, and fee for an expedited Illinois Identification | |
72 | - | Card. If the Secretary of State determines that the volume of | |
73 | - | expedited identification card requests received on a given day | |
74 | - | exceeds the ability of the Secretary to process those requests | |
75 | - | in an expedited manner, the Secretary may decline to provide | |
76 | - | expedited services, and the additional fee for the expedited | |
77 | - | service shall be refunded to the applicant. | |
78 | - | (a-20) The Secretary of State shall issue a standard | |
79 | - | Illinois Identification Card to a person committed to the | |
80 | - | Department of Corrections or Department of Juvenile Justice | |
81 | - | upon receipt of the person's birth certificate, social | |
82 | - | security card, photograph, proof of residency upon discharge, | |
83 | - | and an identification card application transferred via a | |
84 | - | secure method as agreed upon by the Secretary and the | |
85 | - | Department of Corrections or Department of Juvenile Justice. | |
86 | - | Illinois residency shall be established by submission of a | |
87 | 62 | ||
88 | 63 | ||
89 | - | Secretary of State prescribed Identification Card verification | |
90 | - | form completed by the respective Department. | |
91 | - | (a-25) The Secretary of State shall issue a limited-term | |
92 | - | Illinois Identification Card valid for 90 days to a committed | |
93 | - | person upon release on parole, mandatory supervised release, | |
94 | - | aftercare release, final discharge, or pardon from the | |
95 | - | Department of Corrections or Department of Juvenile Justice, | |
96 | - | if the released person is unable to present a certified copy of | |
97 | - | his or her birth certificate and social security card or other | |
98 | - | documents authorized by the Secretary, but does present a | |
99 | - | Secretary of State prescribed Identification Card verification | |
100 | - | form completed by the Department of Corrections or Department | |
101 | - | of Juvenile Justice, verifying the released person's date of | |
102 | - | birth, social security number, and his or her Illinois | |
103 | - | residence address. The verification form must have been | |
104 | - | completed no more than 30 days prior to the date of application | |
105 | - | for the Illinois Identification Card. | |
106 | - | Prior to the expiration of the 90-day period of the | |
107 | - | limited-term Illinois Identification Card, if the released | |
108 | - | person submits to the Secretary of State a certified copy of | |
109 | - | his or her birth certificate and his or her social security | |
110 | - | card or other documents authorized by the Secretary, a | |
111 | - | standard Illinois Identification Card shall be issued. A | |
112 | - | limited-term Illinois Identification Card may not be renewed. | |
113 | - | (a-30) The Secretary of State shall issue a standard | |
114 | - | Illinois Identification Card to a person upon conditional | |
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117 | - | release or absolute discharge from the custody of the | |
118 | - | Department of Human Services, if the person presents a | |
119 | - | certified copy of his or her birth certificate, social | |
120 | - | security card, or other documents authorized by the Secretary, | |
121 | - | and a document proving his or her Illinois residence address. | |
122 | - | The Secretary of State shall issue a standard Illinois | |
123 | - | Identification Card to a person prior to his or her | |
124 | - | conditional release or absolute discharge if personnel from | |
125 | - | the Department of Human Services bring the person to a | |
126 | - | Secretary of State location with the required documents. | |
127 | - | Documents proving residence address may include any official | |
128 | - | document of the Department of Human Services showing the | |
129 | - | person's address after release and a Secretary of State | |
130 | - | prescribed verification form, which may be executed by | |
131 | - | personnel of the Department of Human Services. | |
132 | - | (a-35) The Secretary of State shall issue a limited-term | |
133 | - | Illinois Identification Card valid for 90 days to a person | |
134 | - | upon conditional release or absolute discharge from the | |
135 | - | custody of the Department of Human Services, if the person is | |
136 | - | unable to present a certified copy of his or her birth | |
137 | - | certificate and social security card or other documents | |
138 | - | authorized by the Secretary, but does present a Secretary of | |
139 | - | State prescribed verification form completed by the Department | |
140 | - | of Human Services, verifying the person's date of birth and | |
141 | - | social security number, and a document proving his or her | |
142 | - | Illinois residence address. The verification form must have | |
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70 | + | 1 duty extends to all violations or is limited to specific | |
71 | + | 2 violations. | |
72 | + | 3 (a-15) The Secretary of State may provide for an expedited | |
73 | + | 4 process for the issuance of an Illinois Identification Card. | |
74 | + | 5 The Secretary shall charge an additional fee for the expedited | |
75 | + | 6 issuance of an Illinois Identification Card, to be set by | |
76 | + | 7 rule, not to exceed $75. All fees collected by the Secretary | |
77 | + | 8 for expedited Illinois Identification Card service shall be | |
78 | + | 9 deposited into the Secretary of State Special Services Fund. | |
79 | + | 10 The Secretary may adopt rules regarding the eligibility, | |
80 | + | 11 process, and fee for an expedited Illinois Identification | |
81 | + | 12 Card. If the Secretary of State determines that the volume of | |
82 | + | 13 expedited identification card requests received on a given day | |
83 | + | 14 exceeds the ability of the Secretary to process those requests | |
84 | + | 15 in an expedited manner, the Secretary may decline to provide | |
85 | + | 16 expedited services, and the additional fee for the expedited | |
86 | + | 17 service shall be refunded to the applicant. | |
87 | + | 18 (a-20) The Secretary of State shall issue a standard | |
88 | + | 19 Illinois Identification Card to a person committed to the | |
89 | + | 20 Department of Corrections or Department of Juvenile Justice | |
90 | + | 21 upon receipt of the person's birth certificate, social | |
91 | + | 22 security card, photograph, proof of residency upon discharge, | |
92 | + | 23 and an identification card application transferred via a | |
93 | + | 24 secure method as agreed upon by the Secretary and the | |
94 | + | 25 Department of Corrections or Department of Juvenile Justice. | |
95 | + | 26 Illinois residency shall be established by submission of a | |
143 | 96 | ||
144 | 97 | ||
145 | - | been completed no more than 30 days prior to the date of | |
146 | - | application for the Illinois Identification Card. The | |
147 | - | Secretary of State shall issue a limited-term Illinois | |
148 | - | Identification Card to a person no sooner than 14 days prior to | |
149 | - | his or her conditional release or absolute discharge if | |
150 | - | personnel from the Department of Human Services bring the | |
151 | - | person to a Secretary of State location with the required | |
152 | - | documents. Documents proving residence address shall include | |
153 | - | any official document of the Department of Human Services | |
154 | - | showing the person's address after release and a Secretary of | |
155 | - | State prescribed verification form, which may be executed by | |
156 | - | personnel of the Department of Human Services. | |
157 | - | (b) The Secretary of State shall issue a special Illinois | |
158 | - | Identification Card, which shall be known as an Illinois | |
159 | - | Person with a Disability Identification Card, to any natural | |
160 | - | person who is a resident of the State of Illinois, who is a | |
161 | - | person with a disability as defined in Section 4A of this Act, | |
162 | - | who applies for such card, or renewal thereof. No Illinois | |
163 | - | Person with a Disability Identification Card shall be issued | |
164 | - | to any person who holds a valid foreign state identification | |
165 | - | card, license, or permit unless the person first surrenders to | |
166 | - | the Secretary of State the valid foreign state identification | |
167 | - | card, license, or permit. The Secretary of State shall charge | |
168 | - | no fee to issue such card. The card shall be prepared and | |
169 | - | supplied by the Secretary of State, and shall include a | |
170 | - | photograph and signature or mark of the applicant, a | |
171 | 98 | ||
172 | 99 | ||
173 | - | designation indicating that the card is an Illinois Person | |
174 | - | with a Disability Identification Card, and shall include a | |
175 | - | comprehensible designation of the type and classification of | |
176 | - | the applicant's disability as set out in Section 4A of this | |
177 | - | Act. However, the Secretary of State may provide by rule for | |
178 | - | the issuance of Illinois Person with a Disability | |
179 | - | Identification Cards without photographs if the applicant has | |
180 | - | a bona fide religious objection to being photographed or to | |
181 | - | the display of his or her photograph. If the applicant so | |
182 | - | requests, the card shall include a description of the | |
183 | - | applicant's disability and any information about the | |
184 | - | applicant's disability or medical history which the Secretary | |
185 | - | determines would be helpful to the applicant in securing | |
186 | - | emergency medical care. If a mark is used in lieu of a | |
187 | - | signature, such mark shall be affixed to the card in the | |
188 | - | presence of two witnesses who attest to the authenticity of | |
189 | - | the mark. The Illinois Person with a Disability Identification | |
190 | - | Card may be used for identification purposes in any lawful | |
191 | - | situation by the person to whom it was issued. | |
192 | - | The Illinois Person with a Disability Identification Card | |
193 | - | may be used as adequate documentation of disability in lieu of | |
194 | - | a physician's determination of disability, a determination of | |
195 | - | disability from a physician assistant, a determination of | |
196 | - | disability from an advanced practice registered nurse, or any | |
197 | - | other documentation of disability whenever any State law | |
198 | - | requires that a person with a disability provide such | |
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201 | - | documentation of disability, however an Illinois Person with a | |
202 | - | Disability Identification Card shall not qualify the | |
203 | - | cardholder to participate in any program or to receive any | |
204 | - | benefit which is not available to all persons with like | |
205 | - | disabilities. Notwithstanding any other provisions of law, an | |
206 | - | Illinois Person with a Disability Identification Card, or | |
207 | - | evidence that the Secretary of State has issued an Illinois | |
208 | - | Person with a Disability Identification Card, shall not be | |
209 | - | used by any person other than the person named on such card to | |
210 | - | prove that the person named on such card is a person with a | |
211 | - | disability or for any other purpose unless the card is used for | |
212 | - | the benefit of the person named on such card, and the person | |
213 | - | named on such card consents to such use at the time the card is | |
214 | - | so used. | |
215 | - | An optometrist's determination of a visual disability | |
216 | - | under Section 4A of this Act is acceptable as documentation | |
217 | - | for the purpose of issuing an Illinois Person with a | |
218 | - | Disability Identification Card. | |
219 | - | When medical information is contained on an Illinois | |
220 | - | Person with a Disability Identification Card, the Office of | |
221 | - | the Secretary of State shall not be liable for any actions | |
222 | - | taken based upon that medical information. | |
223 | - | (c) The Secretary of State shall provide that each | |
224 | - | original or renewal Illinois Identification Card or Illinois | |
225 | - | Person with a Disability Identification Card issued to a | |
226 | - | person under the age of 21 shall be of a distinct nature from | |
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106 | + | 1 Secretary of State prescribed Identification Card verification | |
107 | + | 2 form completed by the respective Department. | |
108 | + | 3 (a-25) The Secretary of State shall issue a limited-term | |
109 | + | 4 Illinois Identification Card valid for 90 days to a committed | |
110 | + | 5 person upon release on parole, mandatory supervised release, | |
111 | + | 6 aftercare release, final discharge, or pardon from the | |
112 | + | 7 Department of Corrections or Department of Juvenile Justice, | |
113 | + | 8 if the released person is unable to present a certified copy of | |
114 | + | 9 his or her birth certificate and social security card or other | |
115 | + | 10 documents authorized by the Secretary, but does present a | |
116 | + | 11 Secretary of State prescribed Identification Card verification | |
117 | + | 12 form completed by the Department of Corrections or Department | |
118 | + | 13 of Juvenile Justice, verifying the released person's date of | |
119 | + | 14 birth, social security number, and his or her Illinois | |
120 | + | 15 residence address. The verification form must have been | |
121 | + | 16 completed no more than 30 days prior to the date of application | |
122 | + | 17 for the Illinois Identification Card. | |
123 | + | 18 Prior to the expiration of the 90-day period of the | |
124 | + | 19 limited-term Illinois Identification Card, if the released | |
125 | + | 20 person submits to the Secretary of State a certified copy of | |
126 | + | 21 his or her birth certificate and his or her social security | |
127 | + | 22 card or other documents authorized by the Secretary, a | |
128 | + | 23 standard Illinois Identification Card shall be issued. A | |
129 | + | 24 limited-term Illinois Identification Card may not be renewed. | |
130 | + | 25 (a-30) The Secretary of State shall issue a standard | |
131 | + | 26 Illinois Identification Card to a person upon conditional | |
227 | 132 | ||
228 | 133 | ||
229 | - | those Illinois Identification Cards or Illinois Person with a | |
230 | - | Disability Identification Cards issued to individuals 21 years | |
231 | - | of age or older. The color designated for Illinois | |
232 | - | Identification Cards or Illinois Person with a Disability | |
233 | - | Identification Cards for persons under the age of 21 shall be | |
234 | - | at the discretion of the Secretary of State. | |
235 | - | (c-1) Each original or renewal Illinois Identification | |
236 | - | Card or Illinois Person with a Disability Identification Card | |
237 | - | issued to a person under the age of 21 shall display the date | |
238 | - | upon which the person becomes 18 years of age and the date upon | |
239 | - | which the person becomes 21 years of age. | |
240 | - | (c-3) The General Assembly recognizes the need to identify | |
241 | - | military veterans living in this State for the purpose of | |
242 | - | ensuring that they receive all of the services and benefits to | |
243 | - | which they are legally entitled, including healthcare, | |
244 | - | education assistance, and job placement. To assist the State | |
245 | - | in identifying these veterans and delivering these vital | |
246 | - | services and benefits, the Secretary of State is authorized to | |
247 | - | issue Illinois Identification Cards and Illinois Person with a | |
248 | - | Disability Identification Cards with the word "veteran" | |
249 | - | appearing on the face of the cards. This authorization is | |
250 | - | predicated on the unique status of veterans. The Secretary may | |
251 | - | not issue any other identification card which identifies an | |
252 | - | occupation, status, affiliation, hobby, or other unique | |
253 | - | characteristics of the identification card holder which is | |
254 | - | unrelated to the purpose of the identification card. | |
255 | 134 | ||
256 | 135 | ||
257 | - | (c-5) Beginning on or before July 1, 2015, the Secretary | |
258 | - | of State shall designate a space on each original or renewal | |
259 | - | identification card where, at the request of the applicant, | |
260 | - | the word "veteran" shall be placed. The veteran designation | |
261 | - | shall be available to a person identified as a veteran under | |
262 | - | subsection (b) of Section 5 of this Act who was discharged or | |
263 | - | separated under honorable conditions. | |
264 | - | (d) The Secretary of State may issue a Senior Citizen | |
265 | - | discount card, to any natural person who is a resident of the | |
266 | - | State of Illinois who is 60 years of age or older and who | |
267 | - | applies for such a card or renewal thereof. The Secretary of | |
268 | - | State shall charge no fee to issue such card. The card shall be | |
269 | - | issued in every county and applications shall be made | |
270 | - | available at, but not limited to, nutrition sites, senior | |
271 | - | citizen centers and Area Agencies on Aging. The applicant, | |
272 | - | upon receipt of such card and prior to its use for any purpose, | |
273 | - | shall have affixed thereon in the space provided therefor his | |
274 | - | signature or mark. | |
275 | - | (e) The Secretary of State, in his or her discretion, may | |
276 | - | designate on each Illinois Identification Card or Illinois | |
277 | - | Person with a Disability Identification Card a space where the | |
278 | - | card holder may place a sticker or decal, issued by the | |
279 | - | Secretary of State, of uniform size as the Secretary may | |
280 | - | specify, that shall indicate in appropriate language that the | |
281 | - | card holder has renewed his or her Illinois Identification | |
282 | - | Card or Illinois Person with a Disability Identification Card. | |
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284 | 139 | ||
285 | - | (f)(1) The Secretary of State may issue a mobile | |
286 | - | identification card to an individual who is otherwise eligible | |
287 | - | to hold a physical credential in addition to, and not instead | |
288 | - | of, an identification card if the Secretary of State has | |
289 | - | issued an identification card to the person. The data elements | |
290 | - | that are used to build an electronic credential must match the | |
291 | - | individual's current Department record. | |
292 | - | (2) The Secretary may enter into agreements or contract | |
293 | - | with an agency of the State, another state, the United States, | |
294 | - | or a third party to facilitate the issuance, use, and | |
295 | - | verification of a mobile identification card issued by the | |
296 | - | Secretary or another state. | |
297 | - | (3) Any mobile identification card issued by the Secretary | |
298 | - | shall be in accordance with the most recent AAMVA standards. | |
299 | - | (4) The Secretary shall design the mobile identification | |
300 | - | card in a manner that allows the credential holder to maintain | |
301 | - | physical possession of the device on which the mobile | |
302 | - | identification card is accessed during verification. | |
303 | - | (g) The verification process shall be implemented to | |
304 | - | require: | |
305 | - | (1) the relying parties to authenticate electronic | |
306 | - | credentials in accordance with applicable AAMVA standards | |
307 | - | prior to acceptance of the electronic credential; | |
308 | - | (2) the Secretary to ensure that electronic credential | |
309 | - | data is subject to all jurisdictional data security and | |
310 | - | privacy protection laws and regulations; and | |
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142 | + | 1 release or absolute discharge from the custody of the | |
143 | + | 2 Department of Human Services, if the person presents a | |
144 | + | 3 certified copy of his or her birth certificate, social | |
145 | + | 4 security card, or other documents authorized by the Secretary, | |
146 | + | 5 and a document proving his or her Illinois residence address. | |
147 | + | 6 The Secretary of State shall issue a standard Illinois | |
148 | + | 7 Identification Card to a person prior to his or her | |
149 | + | 8 conditional release or absolute discharge if personnel from | |
150 | + | 9 the Department of Human Services bring the person to a | |
151 | + | 10 Secretary of State location with the required documents. | |
152 | + | 11 Documents proving residence address may include any official | |
153 | + | 12 document of the Department of Human Services showing the | |
154 | + | 13 person's address after release and a Secretary of State | |
155 | + | 14 prescribed verification form, which may be executed by | |
156 | + | 15 personnel of the Department of Human Services. | |
157 | + | 16 (a-35) The Secretary of State shall issue a limited-term | |
158 | + | 17 Illinois Identification Card valid for 90 days to a person | |
159 | + | 18 upon conditional release or absolute discharge from the | |
160 | + | 19 custody of the Department of Human Services, if the person is | |
161 | + | 20 unable to present a certified copy of his or her birth | |
162 | + | 21 certificate and social security card or other documents | |
163 | + | 22 authorized by the Secretary, but does present a Secretary of | |
164 | + | 23 State prescribed verification form completed by the Department | |
165 | + | 24 of Human Services, verifying the person's date of birth and | |
166 | + | 25 social security number, and a document proving his or her | |
167 | + | 26 Illinois residence address. The verification form must have | |
311 | 168 | ||
312 | 169 | ||
313 | - | (3) the relying parties to request only electronic | |
314 | - | credential data elements that are necessary to complete | |
315 | - | the transaction for which data is being requested. | |
316 | - | (h) Privacy and tracking of data shall be restricted by | |
317 | - | implementing the following requirements: | |
318 | - | (1) the relying parties shall retain only electronic | |
319 | - | credential data elements for which the relying party | |
320 | - | explicitly obtained consent from the electronic credential | |
321 | - | holder and shall inform the electronic credential holder | |
322 | - | of the use and retention period of the electronic data | |
323 | - | elements; and | |
324 | - | (2) the Secretary shall use an electronic credential | |
325 | - | system that is designed to maximize the privacy of the | |
326 | - | credential holder in accordance with State and federal law | |
327 | - | and shall not track or compile information without the | |
328 | - | credential holder's consent; and | |
329 | - | (3) the Department shall only compile and disclose | |
330 | - | information regarding the use of the credential as | |
331 | - | required by State or federal law. | |
332 | - | (i)(1) The electronic credential holder shall be required | |
333 | - | to have their physical credential on their person for all | |
334 | - | purposes for which an identification card is required. No | |
335 | - | person, public entity, private entity, or agency shall | |
336 | - | establish a policy that requires an electronic credential | |
337 | - | instead of a physical credential. | |
338 | - | (2) Electronic credential systems shall be designed so | |
339 | 170 | ||
340 | 171 | ||
341 | - | that there is no requirement for the electronic credential | |
342 | - | holder to display or relinquish possession of the credential | |
343 | - | holder's mobile device to relying parties for the acceptance | |
344 | - | of an electronic credential. | |
345 | - | (3) When required by law and upon request by law | |
346 | - | enforcement, a credential holder must provide the credential | |
347 | - | holder's physical credential. | |
348 | - | (4) Any law or regulation that requires an individual to | |
349 | - | surrender the individual's physical credential to law | |
350 | - | enforcement does not apply to the device on which an | |
351 | - | electronic credential has been provisioned. | |
352 | - | (j) A person may be required to produce when so requested a | |
353 | - | physical identification card to a law enforcement officer, a | |
354 | - | representative of a State or federal department or agency, or | |
355 | - | a private entity and is subject to all applicable laws and | |
356 | - | consequences for failure to produce such an identification | |
357 | - | card. | |
358 | - | (k) The Secretary of State shall adopt such rules as are | |
359 | - | necessary to implement a mobile identification card. | |
360 | - | (l) The display of a mobile identification card shall not | |
361 | - | serve as consent or authorization for a law enforcement | |
362 | - | officer, or any other person, to search, view, or access any | |
363 | - | other data or application on the mobile device. If a person | |
364 | - | presents the person's mobile device to a law enforcement | |
365 | - | officer for purposes of displaying a mobile identification | |
366 | - | card, the law enforcement officer shall promptly return the | |
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369 | - | mobile device to the person once the officer has had an | |
370 | - | opportunity to verify the identity of the person. Except for | |
371 | - | willful and wanton misconduct, any law enforcement officer, | |
372 | - | court, or officer of the court presented with the device shall | |
373 | - | be immune from any liability resulting from damage to the | |
374 | - | mobile device. | |
375 | - | (m) The fee to install the application to display a mobile | |
376 | - | identification card as defined in this subsection shall not | |
377 | - | exceed $6. | |
378 | - | (n) As used in this Section: | |
379 | - | "AAMVA" means the American Association of Motor Vehicle | |
380 | - | Administrators. | |
381 | - | "Credential" means a driver's license, learner's permit, | |
382 | - | or identification card. | |
383 | - | "Credential holder" means the individual to whom a mobile | |
384 | - | identification card is issued. | |
385 | - | "Data element" means a distinct component of a customer's | |
386 | - | information that is found on the Department's customer record. | |
387 | - | "Department" means the Secretary of State Department of | |
388 | - | Driver Services. | |
389 | - | "Electronic credential" means an electronic extension of | |
390 | - | the departmental issued physical credential that conveys | |
391 | - | identity and complies with AAMVA's mobile driver license | |
392 | - | Implementation guidelines and the ISO/IEC 18013-5 standard. | |
393 | - | "Electronic credential system" means a digital process | |
394 | - | that includes a method for provisioning electronic | |
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178 | + | 1 been completed no more than 30 days prior to the date of | |
179 | + | 2 application for the Illinois Identification Card. The | |
180 | + | 3 Secretary of State shall issue a limited-term Illinois | |
181 | + | 4 Identification Card to a person no sooner than 14 days prior to | |
182 | + | 5 his or her conditional release or absolute discharge if | |
183 | + | 6 personnel from the Department of Human Services bring the | |
184 | + | 7 person to a Secretary of State location with the required | |
185 | + | 8 documents. Documents proving residence address shall include | |
186 | + | 9 any official document of the Department of Human Services | |
187 | + | 10 showing the person's address after release and a Secretary of | |
188 | + | 11 State prescribed verification form, which may be executed by | |
189 | + | 12 personnel of the Department of Human Services. | |
190 | + | 13 (b) The Secretary of State shall issue a special Illinois | |
191 | + | 14 Identification Card, which shall be known as an Illinois | |
192 | + | 15 Person with a Disability Identification Card, to any natural | |
193 | + | 16 person who is a resident of the State of Illinois, who is a | |
194 | + | 17 person with a disability as defined in Section 4A of this Act, | |
195 | + | 18 who applies for such card, or renewal thereof. No Illinois | |
196 | + | 19 Person with a Disability Identification Card shall be issued | |
197 | + | 20 to any person who holds a valid foreign state identification | |
198 | + | 21 card, license, or permit unless the person first surrenders to | |
199 | + | 22 the Secretary of State the valid foreign state identification | |
200 | + | 23 card, license, or permit. The Secretary of State shall charge | |
201 | + | 24 no fee to issue such card. The card shall be prepared and | |
202 | + | 25 supplied by the Secretary of State, and shall include a | |
203 | + | 26 photograph and signature or mark of the applicant, a | |
395 | 204 | ||
396 | 205 | ||
397 | - | credentials, requesting and transmitting electronic credential | |
398 | - | data elements, and performing tasks to maintain the system. | |
399 | - | "Full profile" means all the information provided on an | |
400 | - | identification card. | |
401 | - | "ISO" means the International Organization for | |
402 | - | Standardization, which creates uniform processes and | |
403 | - | procedures. | |
404 | - | "Limited profile" means a portion of the information | |
405 | - | provided on an identification card. | |
406 | - | "Mobile identification card" means a data file that is | |
407 | - | available on any mobile device that has connectivity to the | |
408 | - | Internet through an application that allows the mobile device | |
409 | - | to download the data file from the Secretary of State, that | |
410 | - | contains all the data elements visible on the face and back of | |
411 | - | an identification card, and that displays the current status | |
412 | - | of the identification card. "Mobile identification card" does | |
413 | - | not include a copy, photograph, or image of an Illinois | |
414 | - | Identification Card that is not downloaded through the | |
415 | - | application on a mobile device. | |
416 | - | "Physical credential" means a Department issued document | |
417 | - | that conveys identity in accordance with the Illinois | |
418 | - | Identification Card Act. | |
419 | - | "Provision" means the initial loading of an electronic | |
420 | - | credential onto a device. | |
421 | - | "Relying party" means the entity to which the credential | |
422 | - | holder presents the electronic credential. | |
423 | 206 | ||
424 | 207 | ||
425 | - | "Verification process" means a method of authenticating | |
426 | - | the electronic credential through the use of secured | |
427 | - | encryption communication. | |
428 | - | (Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) | |
429 | - | (Text of Section after amendment by P.A. 103-210) | |
430 | - | Sec. 4. Identification card. | |
431 | - | (a) In accordance with the requirements of this Section, | |
432 | - | the The Secretary of State shall issue a standard Illinois | |
433 | - | Identification Card, as well as a mobile Illinois | |
434 | - | Identification Card, to any natural person who is a resident | |
435 | - | of the State of Illinois who applies for such a card, or | |
436 | - | renewal thereof. No identification card shall be issued to any | |
437 | - | person who holds a valid foreign state identification card, | |
438 | - | license, or permit unless the person first surrenders to the | |
439 | - | Secretary of State the valid foreign state identification | |
440 | - | card, license, or permit. The card shall be prepared and | |
441 | - | supplied by the Secretary of State and shall include a | |
442 | - | photograph and signature or mark of the applicant. However, | |
443 | - | the Secretary of State may provide by rule for the issuance of | |
444 | - | Illinois Identification Cards without photographs if the | |
445 | - | applicant has a bona fide religious objection to being | |
446 | - | photographed or to the display of his or her photograph. The | |
447 | - | Illinois Identification Card may be used for identification | |
448 | - | purposes in any lawful situation only by the person to whom it | |
449 | - | was issued. As used in this Act, "photograph" means any color | |
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451 | 211 | ||
452 | - | photograph or digitally produced and captured image of an | |
453 | - | applicant for an identification card. As used in this Act, | |
454 | - | "signature" means the name of a person as written by that | |
455 | - | person and captured in a manner acceptable to the Secretary of | |
456 | - | State. | |
457 | - | (a-5) If an applicant for an identification card has a | |
458 | - | current driver's license or instruction permit issued by the | |
459 | - | Secretary of State, the Secretary may require the applicant to | |
460 | - | utilize the same residence address and name on the | |
461 | - | identification card, driver's license, and instruction permit | |
462 | - | records maintained by the Secretary. The Secretary may | |
463 | - | promulgate rules to implement this provision. | |
464 | - | (a-10) If the applicant is a judicial officer as defined | |
465 | - | in Section 1-10 of the Judicial Privacy Act or a peace officer, | |
466 | - | the applicant may elect to have his or her office or work | |
467 | - | address listed on the card instead of the applicant's | |
468 | - | residence or mailing address. The Secretary may promulgate | |
469 | - | rules to implement this provision. For the purposes of this | |
470 | - | subsection (a-10), "peace officer" means any person who by | |
471 | - | virtue of his or her office or public employment is vested by | |
472 | - | law with a duty to maintain public order or to make arrests for | |
473 | - | a violation of any penal statute of this State, whether that | |
474 | - | duty extends to all violations or is limited to specific | |
475 | - | violations. | |
476 | - | (a-15) The Secretary of State may provide for an expedited | |
477 | - | process for the issuance of an Illinois Identification Card. | |
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214 | + | 1 designation indicating that the card is an Illinois Person | |
215 | + | 2 with a Disability Identification Card, and shall include a | |
216 | + | 3 comprehensible designation of the type and classification of | |
217 | + | 4 the applicant's disability as set out in Section 4A of this | |
218 | + | 5 Act. However, the Secretary of State may provide by rule for | |
219 | + | 6 the issuance of Illinois Person with a Disability | |
220 | + | 7 Identification Cards without photographs if the applicant has | |
221 | + | 8 a bona fide religious objection to being photographed or to | |
222 | + | 9 the display of his or her photograph. If the applicant so | |
223 | + | 10 requests, the card shall include a description of the | |
224 | + | 11 applicant's disability and any information about the | |
225 | + | 12 applicant's disability or medical history which the Secretary | |
226 | + | 13 determines would be helpful to the applicant in securing | |
227 | + | 14 emergency medical care. If a mark is used in lieu of a | |
228 | + | 15 signature, such mark shall be affixed to the card in the | |
229 | + | 16 presence of two witnesses who attest to the authenticity of | |
230 | + | 17 the mark. The Illinois Person with a Disability Identification | |
231 | + | 18 Card may be used for identification purposes in any lawful | |
232 | + | 19 situation by the person to whom it was issued. | |
233 | + | 20 The Illinois Person with a Disability Identification Card | |
234 | + | 21 may be used as adequate documentation of disability in lieu of | |
235 | + | 22 a physician's determination of disability, a determination of | |
236 | + | 23 disability from a physician assistant, a determination of | |
237 | + | 24 disability from an advanced practice registered nurse, or any | |
238 | + | 25 other documentation of disability whenever any State law | |
239 | + | 26 requires that a person with a disability provide such | |
478 | 240 | ||
479 | 241 | ||
480 | - | The Secretary shall charge an additional fee for the expedited | |
481 | - | issuance of an Illinois Identification Card, to be set by | |
482 | - | rule, not to exceed $75. All fees collected by the Secretary | |
483 | - | for expedited Illinois Identification Card service shall be | |
484 | - | deposited into the Secretary of State Special Services Fund. | |
485 | - | The Secretary may adopt rules regarding the eligibility, | |
486 | - | process, and fee for an expedited Illinois Identification | |
487 | - | Card. If the Secretary of State determines that the volume of | |
488 | - | expedited identification card requests received on a given day | |
489 | - | exceeds the ability of the Secretary to process those requests | |
490 | - | in an expedited manner, the Secretary may decline to provide | |
491 | - | expedited services, and the additional fee for the expedited | |
492 | - | service shall be refunded to the applicant. | |
493 | - | (a-20) The Secretary of State shall issue a standard | |
494 | - | Illinois Identification Card to a person committed to the | |
495 | - | Department of Corrections or Department of Juvenile Justice | |
496 | - | upon receipt of the person's birth certificate, social | |
497 | - | security card, if the person has a social security number, | |
498 | - | photograph, proof of residency upon discharge, and an | |
499 | - | identification card application transferred via a secure | |
500 | - | method as agreed upon by the Secretary and the Department of | |
501 | - | Corrections or Department of Juvenile Justice, if the person | |
502 | - | has a social security number,. Illinois residency shall be | |
503 | - | established by submission of a Secretary of State prescribed | |
504 | - | Identification Card verification form completed by the | |
505 | - | respective Department. | |
506 | 242 | ||
507 | 243 | ||
508 | - | (a-25) The Secretary of State shall issue a limited-term | |
509 | - | Illinois Identification Card valid for 90 days to a committed | |
510 | - | person upon release on parole, mandatory supervised release, | |
511 | - | aftercare release, final discharge, or pardon from the | |
512 | - | Department of Corrections or Department of Juvenile Justice, | |
513 | - | if the released person is unable to present a certified copy of | |
514 | - | his or her birth certificate and social security card, if the | |
515 | - | person has a social security number, or other documents | |
516 | - | authorized by the Secretary, but does present a Secretary of | |
517 | - | State prescribed Identification Card verification form | |
518 | - | completed by the Department of Corrections or Department of | |
519 | - | Juvenile Justice, verifying the released person's date of | |
520 | - | birth, social security number, if the person has a social | |
521 | - | security number, and his or her Illinois residence address. | |
522 | - | The verification form must have been completed no more than 30 | |
523 | - | days prior to the date of application for the Illinois | |
524 | - | Identification Card. | |
525 | - | Prior to the expiration of the 90-day period of the | |
526 | - | limited-term Illinois Identification Card, if the released | |
527 | - | person submits to the Secretary of State a certified copy of | |
528 | - | his or her birth certificate and his or her social security | |
529 | - | card, if the person has a social security number, or other | |
530 | - | documents authorized by the Secretary, a standard Illinois | |
531 | - | Identification Card shall be issued. A limited-term Illinois | |
532 | - | Identification Card may not be renewed. | |
533 | - | (a-30) The Secretary of State shall issue a standard | |
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536 | - | Illinois Identification Card to a person upon conditional | |
537 | - | release or absolute discharge from the custody of the | |
538 | - | Department of Human Services, if the person presents a | |
539 | - | certified copy of his or her birth certificate, social | |
540 | - | security card, if the person has a social security number, or | |
541 | - | other documents authorized by the Secretary, and a document | |
542 | - | proving his or her Illinois residence address. The Secretary | |
543 | - | of State shall issue a standard Illinois Identification Card | |
544 | - | to a person prior to his or her conditional release or absolute | |
545 | - | discharge if personnel from the Department of Human Services | |
546 | - | bring the person to a Secretary of State location with the | |
547 | - | required documents. Documents proving residence address may | |
548 | - | include any official document of the Department of Human | |
549 | - | Services showing the person's address after release and a | |
550 | - | Secretary of State prescribed verification form, which may be | |
551 | - | executed by personnel of the Department of Human Services. | |
552 | - | (a-35) The Secretary of State shall issue a limited-term | |
553 | - | Illinois Identification Card valid for 90 days to a person | |
554 | - | upon conditional release or absolute discharge from the | |
555 | - | custody of the Department of Human Services, if the person is | |
556 | - | unable to present a certified copy of his or her birth | |
557 | - | certificate and social security card, if the person has a | |
558 | - | social security number, or other documents authorized by the | |
559 | - | Secretary, but does present a Secretary of State prescribed | |
560 | - | verification form completed by the Department of Human | |
561 | - | Services, verifying the person's date of birth and social | |
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250 | + | 1 documentation of disability, however an Illinois Person with a | |
251 | + | 2 Disability Identification Card shall not qualify the | |
252 | + | 3 cardholder to participate in any program or to receive any | |
253 | + | 4 benefit which is not available to all persons with like | |
254 | + | 5 disabilities. Notwithstanding any other provisions of law, an | |
255 | + | 6 Illinois Person with a Disability Identification Card, or | |
256 | + | 7 evidence that the Secretary of State has issued an Illinois | |
257 | + | 8 Person with a Disability Identification Card, shall not be | |
258 | + | 9 used by any person other than the person named on such card to | |
259 | + | 10 prove that the person named on such card is a person with a | |
260 | + | 11 disability or for any other purpose unless the card is used for | |
261 | + | 12 the benefit of the person named on such card, and the person | |
262 | + | 13 named on such card consents to such use at the time the card is | |
263 | + | 14 so used. | |
264 | + | 15 An optometrist's determination of a visual disability | |
265 | + | 16 under Section 4A of this Act is acceptable as documentation | |
266 | + | 17 for the purpose of issuing an Illinois Person with a | |
267 | + | 18 Disability Identification Card. | |
268 | + | 19 When medical information is contained on an Illinois | |
269 | + | 20 Person with a Disability Identification Card, the Office of | |
270 | + | 21 the Secretary of State shall not be liable for any actions | |
271 | + | 22 taken based upon that medical information. | |
272 | + | 23 (c) The Secretary of State shall provide that each | |
273 | + | 24 original or renewal Illinois Identification Card or Illinois | |
274 | + | 25 Person with a Disability Identification Card issued to a | |
275 | + | 26 person under the age of 21 shall be of a distinct nature from | |
562 | 276 | ||
563 | 277 | ||
564 | - | security number, if the person has a social security number, | |
565 | - | and a document proving his or her Illinois residence address. | |
566 | - | The verification form must have been completed no more than 30 | |
567 | - | days prior to the date of application for the Illinois | |
568 | - | Identification Card. The Secretary of State shall issue a | |
569 | - | limited-term Illinois Identification Card to a person no | |
570 | - | sooner than 14 days prior to his or her conditional release or | |
571 | - | absolute discharge if personnel from the Department of Human | |
572 | - | Services bring the person to a Secretary of State location | |
573 | - | with the required documents. Documents proving residence | |
574 | - | address shall include any official document of the Department | |
575 | - | of Human Services showing the person's address after release | |
576 | - | and a Secretary of State prescribed verification form, which | |
577 | - | may be executed by personnel of the Department of Human | |
578 | - | Services. | |
579 | - | (b) The Secretary of State shall issue a special Illinois | |
580 | - | Identification Card, which shall be known as an Illinois | |
581 | - | Person with a Disability Identification Card, to any natural | |
582 | - | person who is a resident of the State of Illinois, who is a | |
583 | - | person with a disability as defined in Section 4A of this Act, | |
584 | - | who applies for such card, or renewal thereof. No Illinois | |
585 | - | Person with a Disability Identification Card shall be issued | |
586 | - | to any person who holds a valid foreign state identification | |
587 | - | card, license, or permit unless the person first surrenders to | |
588 | - | the Secretary of State the valid foreign state identification | |
589 | - | card, license, or permit. The Secretary of State shall charge | |
590 | 278 | ||
591 | 279 | ||
592 | - | no fee to issue such card. The card shall be prepared and | |
593 | - | supplied by the Secretary of State, and shall include a | |
594 | - | photograph and signature or mark of the applicant, a | |
595 | - | designation indicating that the card is an Illinois Person | |
596 | - | with a Disability Identification Card, and shall include a | |
597 | - | comprehensible designation of the type and classification of | |
598 | - | the applicant's disability as set out in Section 4A of this | |
599 | - | Act. However, the Secretary of State may provide by rule for | |
600 | - | the issuance of Illinois Person with a Disability | |
601 | - | Identification Cards without photographs if the applicant has | |
602 | - | a bona fide religious objection to being photographed or to | |
603 | - | the display of his or her photograph. If the applicant so | |
604 | - | requests, the card shall include a description of the | |
605 | - | applicant's disability and any information about the | |
606 | - | applicant's disability or medical history which the Secretary | |
607 | - | determines would be helpful to the applicant in securing | |
608 | - | emergency medical care. If a mark is used in lieu of a | |
609 | - | signature, such mark shall be affixed to the card in the | |
610 | - | presence of two witnesses who attest to the authenticity of | |
611 | - | the mark. The Illinois Person with a Disability Identification | |
612 | - | Card may be used for identification purposes in any lawful | |
613 | - | situation by the person to whom it was issued. | |
614 | - | The Illinois Person with a Disability Identification Card | |
615 | - | may be used as adequate documentation of disability in lieu of | |
616 | - | a physician's determination of disability, a determination of | |
617 | - | disability from a physician assistant, a determination of | |
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620 | - | disability from an advanced practice registered nurse, or any | |
621 | - | other documentation of disability whenever any State law | |
622 | - | requires that a person with a disability provide such | |
623 | - | documentation of disability, however an Illinois Person with a | |
624 | - | Disability Identification Card shall not qualify the | |
625 | - | cardholder to participate in any program or to receive any | |
626 | - | benefit which is not available to all persons with like | |
627 | - | disabilities. Notwithstanding any other provisions of law, an | |
628 | - | Illinois Person with a Disability Identification Card, or | |
629 | - | evidence that the Secretary of State has issued an Illinois | |
630 | - | Person with a Disability Identification Card, shall not be | |
631 | - | used by any person other than the person named on such card to | |
632 | - | prove that the person named on such card is a person with a | |
633 | - | disability or for any other purpose unless the card is used for | |
634 | - | the benefit of the person named on such card, and the person | |
635 | - | named on such card consents to such use at the time the card is | |
636 | - | so used. | |
637 | - | An optometrist's determination of a visual disability | |
638 | - | under Section 4A of this Act is acceptable as documentation | |
639 | - | for the purpose of issuing an Illinois Person with a | |
640 | - | Disability Identification Card. | |
641 | - | When medical information is contained on an Illinois | |
642 | - | Person with a Disability Identification Card, the Office of | |
643 | - | the Secretary of State shall not be liable for any actions | |
644 | - | taken based upon that medical information. | |
645 | - | (c) The Secretary of State shall provide that each | |
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286 | + | 1 those Illinois Identification Cards or Illinois Person with a | |
287 | + | 2 Disability Identification Cards issued to individuals 21 years | |
288 | + | 3 of age or older. The color designated for Illinois | |
289 | + | 4 Identification Cards or Illinois Person with a Disability | |
290 | + | 5 Identification Cards for persons under the age of 21 shall be | |
291 | + | 6 at the discretion of the Secretary of State. | |
292 | + | 7 (c-1) Each original or renewal Illinois Identification | |
293 | + | 8 Card or Illinois Person with a Disability Identification Card | |
294 | + | 9 issued to a person under the age of 21 shall display the date | |
295 | + | 10 upon which the person becomes 18 years of age and the date upon | |
296 | + | 11 which the person becomes 21 years of age. | |
297 | + | 12 (c-3) The General Assembly recognizes the need to identify | |
298 | + | 13 military veterans living in this State for the purpose of | |
299 | + | 14 ensuring that they receive all of the services and benefits to | |
300 | + | 15 which they are legally entitled, including healthcare, | |
301 | + | 16 education assistance, and job placement. To assist the State | |
302 | + | 17 in identifying these veterans and delivering these vital | |
303 | + | 18 services and benefits, the Secretary of State is authorized to | |
304 | + | 19 issue Illinois Identification Cards and Illinois Person with a | |
305 | + | 20 Disability Identification Cards with the word "veteran" | |
306 | + | 21 appearing on the face of the cards. This authorization is | |
307 | + | 22 predicated on the unique status of veterans. The Secretary may | |
308 | + | 23 not issue any other identification card which identifies an | |
309 | + | 24 occupation, status, affiliation, hobby, or other unique | |
310 | + | 25 characteristics of the identification card holder which is | |
311 | + | 26 unrelated to the purpose of the identification card. | |
646 | 312 | ||
647 | 313 | ||
648 | - | original or renewal Illinois Identification Card or Illinois | |
649 | - | Person with a Disability Identification Card issued to a | |
650 | - | person under the age of 21 shall be of a distinct nature from | |
651 | - | those Illinois Identification Cards or Illinois Person with a | |
652 | - | Disability Identification Cards issued to individuals 21 years | |
653 | - | of age or older. The color designated for Illinois | |
654 | - | Identification Cards or Illinois Person with a Disability | |
655 | - | Identification Cards for persons under the age of 21 shall be | |
656 | - | at the discretion of the Secretary of State. | |
657 | - | (c-1) Each original or renewal Illinois Identification | |
658 | - | Card or Illinois Person with a Disability Identification Card | |
659 | - | issued to a person under the age of 21 shall display the date | |
660 | - | upon which the person becomes 18 years of age and the date upon | |
661 | - | which the person becomes 21 years of age. | |
662 | - | (c-3) The General Assembly recognizes the need to identify | |
663 | - | military veterans living in this State for the purpose of | |
664 | - | ensuring that they receive all of the services and benefits to | |
665 | - | which they are legally entitled, including healthcare, | |
666 | - | education assistance, and job placement. To assist the State | |
667 | - | in identifying these veterans and delivering these vital | |
668 | - | services and benefits, the Secretary of State is authorized to | |
669 | - | issue Illinois Identification Cards and Illinois Person with a | |
670 | - | Disability Identification Cards with the word "veteran" | |
671 | - | appearing on the face of the cards. This authorization is | |
672 | - | predicated on the unique status of veterans. The Secretary may | |
673 | - | not issue any other identification card which identifies an | |
674 | 314 | ||
675 | 315 | ||
676 | - | occupation, status, affiliation, hobby, or other unique | |
677 | - | characteristics of the identification card holder which is | |
678 | - | unrelated to the purpose of the identification card. | |
679 | - | (c-5) Beginning on or before July 1, 2015, the Secretary | |
680 | - | of State shall designate a space on each original or renewal | |
681 | - | identification card where, at the request of the applicant, | |
682 | - | the word "veteran" shall be placed. The veteran designation | |
683 | - | shall be available to a person identified as a veteran under | |
684 | - | subsection (b) of Section 5 of this Act who was discharged or | |
685 | - | separated under honorable conditions. | |
686 | - | (d) The Secretary of State may issue a Senior Citizen | |
687 | - | discount card, to any natural person who is a resident of the | |
688 | - | State of Illinois who is 60 years of age or older and who | |
689 | - | applies for such a card or renewal thereof. The Secretary of | |
690 | - | State shall charge no fee to issue such card. The card shall be | |
691 | - | issued in every county and applications shall be made | |
692 | - | available at, but not limited to, nutrition sites, senior | |
693 | - | citizen centers and Area Agencies on Aging. The applicant, | |
694 | - | upon receipt of such card and prior to its use for any purpose, | |
695 | - | shall have affixed thereon in the space provided therefor his | |
696 | - | signature or mark. | |
697 | - | (e) The Secretary of State, in his or her discretion, may | |
698 | - | designate on each Illinois Identification Card or Illinois | |
699 | - | Person with a Disability Identification Card a space where the | |
700 | - | card holder may place a sticker or decal, issued by the | |
701 | - | Secretary of State, of uniform size as the Secretary may | |
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702 | 318 | ||
703 | 319 | ||
704 | - | specify, that shall indicate in appropriate language that the | |
705 | - | card holder has renewed his or her Illinois Identification | |
706 | - | Card or Illinois Person with a Disability Identification Card. | |
707 | - | (f)(1) The Secretary of State may issue a mobile | |
708 | - | identification card to an individual who is otherwise eligible | |
709 | - | to hold a physical credential in addition to, and not instead | |
710 | - | of, an identification card if the Secretary of State has | |
711 | - | issued an identification card to the person. The data elements | |
712 | - | that are used to build an electronic credential must match the | |
713 | - | individual's current Department record. | |
714 | - | (2) The Secretary may enter into agreements or | |
715 | - | contract with an agency of the State, another state, the | |
716 | - | United States, or a third party to facilitate the | |
717 | - | issuance, use, and verification of a mobile identification | |
718 | - | card issued by the Secretary or another state. | |
719 | - | (3) Any mobile identification card issued by the | |
720 | - | Secretary shall be in accordance with the most recent | |
721 | - | AAMVA standards. | |
722 | - | (4) The Secretary shall design the mobile | |
723 | - | identification card in a manner that allows the credential | |
724 | - | holder to maintain physical possession of the device on | |
725 | - | which the mobile identification card is accessed during | |
726 | - | verification. | |
727 | - | (g) The verification process shall be implemented to | |
728 | - | require: | |
729 | - | (1) the relying parties to authenticate electronic | |
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322 | + | 1 (c-5) Beginning on or before July 1, 2015, the Secretary | |
323 | + | 2 of State shall designate a space on each original or renewal | |
324 | + | 3 identification card where, at the request of the applicant, | |
325 | + | 4 the word "veteran" shall be placed. The veteran designation | |
326 | + | 5 shall be available to a person identified as a veteran under | |
327 | + | 6 subsection (b) of Section 5 of this Act who was discharged or | |
328 | + | 7 separated under honorable conditions. | |
329 | + | 8 (d) The Secretary of State may issue a Senior Citizen | |
330 | + | 9 discount card, to any natural person who is a resident of the | |
331 | + | 10 State of Illinois who is 60 years of age or older and who | |
332 | + | 11 applies for such a card or renewal thereof. The Secretary of | |
333 | + | 12 State shall charge no fee to issue such card. The card shall be | |
334 | + | 13 issued in every county and applications shall be made | |
335 | + | 14 available at, but not limited to, nutrition sites, senior | |
336 | + | 15 citizen centers and Area Agencies on Aging. The applicant, | |
337 | + | 16 upon receipt of such card and prior to its use for any purpose, | |
338 | + | 17 shall have affixed thereon in the space provided therefor his | |
339 | + | 18 signature or mark. | |
340 | + | 19 (e) The Secretary of State, in his or her discretion, may | |
341 | + | 20 designate on each Illinois Identification Card or Illinois | |
342 | + | 21 Person with a Disability Identification Card a space where the | |
343 | + | 22 card holder may place a sticker or decal, issued by the | |
344 | + | 23 Secretary of State, of uniform size as the Secretary may | |
345 | + | 24 specify, that shall indicate in appropriate language that the | |
346 | + | 25 card holder has renewed his or her Illinois Identification | |
347 | + | 26 Card or Illinois Person with a Disability Identification Card. | |
730 | 348 | ||
731 | 349 | ||
732 | - | credentials in accordance with applicable AAMVA standards | |
733 | - | prior to acceptance of the electronic credential; | |
734 | - | (2) the Secretary to ensure that electronic credential | |
735 | - | data is subject to all jurisdictional data security and | |
736 | - | privacy protection laws and regulations; and | |
737 | - | (3) the relying parties to request only electronic | |
738 | - | credential data elements that are necessary to complete | |
739 | - | the transaction for which data is being requested. | |
740 | - | (h) Privacy and tracking of data shall be restricted by | |
741 | - | implementing the following requirements: | |
742 | - | (1) the relying parties shall retain only electronic | |
743 | - | credential data elements for which the relying party | |
744 | - | explicitly obtained consent from the electronic credential | |
745 | - | holder and shall inform the electronic credential holder | |
746 | - | of the use and retention period of the electronic data | |
747 | - | elements; | |
748 | - | (2) the Secretary shall use an electronic credential | |
749 | - | system that is designed to maximize the privacy of the | |
750 | - | credential holder in accordance with State and federal law | |
751 | - | and shall not track or compile information without the | |
752 | - | credential holder's consent; and | |
753 | - | (3) the Department shall only compile and disclose | |
754 | - | information regarding the use of the credential as | |
755 | - | required by State or federal law. | |
756 | - | (i)(1) The electronic credential holder shall be required | |
757 | - | to have their physical credential on their person for all | |
758 | 350 | ||
759 | 351 | ||
760 | - | purposes for which an identification card is required. No | |
761 | - | person, public entity, private entity, or agency shall | |
762 | - | establish a policy that requires an electronic credential | |
763 | - | instead of a physical credential. | |
764 | - | (2) Electronic credential systems shall be designed so | |
765 | - | that there is no requirement for the electronic credential | |
766 | - | holder to display or relinquish possession of the credential | |
767 | - | holder's mobile device to relying parties for the acceptance | |
768 | - | of an electronic credential. | |
769 | - | (3) When required by law and upon request by law | |
770 | - | enforcement, a credential holder must provide the credential | |
771 | - | holder's physical credential. | |
772 | - | (4) Any law or regulation that requires an individual to | |
773 | - | surrender their physical credential to law enforcement does | |
774 | - | not apply to the device on which an electronic credential has | |
775 | - | been provisioned. | |
776 | - | (j) A person may be required to produce when so requested a | |
777 | - | physical identification card to a law enforcement officer, a | |
778 | - | representative of a State or federal department or agency, or | |
779 | - | a private entity and is subject to all applicable laws and | |
780 | - | consequences for failure to produce such an identification | |
781 | - | card. | |
782 | - | (k) The Secretary of State shall adopt such rules as are | |
783 | - | necessary to implement a mobile identification card. | |
784 | - | (l) The display of a mobile identification card shall not | |
785 | - | serve as consent or authorization for a law enforcement | |
352 | + | ||
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786 | 354 | ||
787 | 355 | ||
788 | - | officer, or any other person, to search, view, or access any | |
789 | - | other data or application on the mobile device. If a person | |
790 | - | presents the person's mobile device to a law enforcement | |
791 | - | officer for purposes of displaying a mobile identification | |
792 | - | card, the law enforcement officer shall promptly return the | |
793 | - | mobile device to the person once the officer has had an | |
794 | - | opportunity to verify the identity of the person. Except for | |
795 | - | willful and wanton misconduct, any law enforcement officer, | |
796 | - | court, or officer of the court presented with the device shall | |
797 | - | be immune from any liability resulting from damage to the | |
798 | - | mobile device. | |
799 | - | (m) The fee to install the application to display a mobile | |
800 | - | identification card as defined in this subsection shall not | |
801 | - | exceed $6. | |
802 | - | (n) As used in this Section: | |
803 | - | "AAMVA" means the American Association of Motor Vehicle | |
804 | - | Administrators. | |
805 | - | "Credential" means a driver's license, learner's permit, | |
806 | - | or identification card. | |
807 | - | "Credential holder" means the individual to whom a mobile | |
808 | - | driver's license or a mobile identification card is issued. | |
809 | - | "Data element" means a distinct component of a customer's | |
810 | - | information that is found on the Department's customer record. | |
811 | - | "Department" means the Secretary of State Department of | |
812 | - | Driver Services. | |
813 | - | "Electronic credential" means an electronic extension of | |
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358 | + | 1 (f)(1) The Secretary of State may issue a mobile | |
359 | + | 2 identification card to an individual who is otherwise eligible | |
360 | + | 3 to hold a physical credential in addition to, and not instead | |
361 | + | 4 of, an identification card if the Secretary of State has | |
362 | + | 5 issued an identification card to the person. The data elements | |
363 | + | 6 that are used to build an electronic credential must match the | |
364 | + | 7 individual's current Department record. | |
365 | + | 8 (2) The Secretary may enter into agreements or contract | |
366 | + | 9 with an agency of the State, another state, the United States, | |
367 | + | 10 or a third party to facilitate the issuance, use, and | |
368 | + | 11 verification of a mobile identification card issued by the | |
369 | + | 12 Secretary or another state. | |
370 | + | 13 (3) Any mobile identification card issued by the Secretary | |
371 | + | 14 shall be in accordance with the most recent AAMVA standards. | |
372 | + | 15 (4) The Secretary shall design the mobile identification | |
373 | + | 16 card in a manner that allows the credential holder to maintain | |
374 | + | 17 physical possession of the device on which the mobile | |
375 | + | 18 identification card is accessed during verification. | |
376 | + | 19 (g) The verification process shall be implemented to | |
377 | + | 20 require: | |
378 | + | 21 (1) the relying parties to authenticate electronic | |
379 | + | 22 credentials in accordance with applicable AAMVA standards | |
380 | + | 23 prior to acceptance of the electronic credential; | |
381 | + | 24 (2) the Secretary to ensure that electronic credential | |
382 | + | 25 data is subject to all jurisdictional data security and | |
383 | + | 26 privacy protection laws and regulations; and | |
814 | 384 | ||
815 | 385 | ||
816 | - | the departmental issued physical credential that conveys | |
817 | - | identity and complies with AAMVA's mobile driver license | |
818 | - | Implementation guidelines and the ISO/IEC 18013-5 standard. | |
819 | - | "Electronic credential system" means a digital process | |
820 | - | that includes a method for provisioning electronic | |
821 | - | credentials, requesting and transmitting electronic credential | |
822 | - | data elements, and performing tasks to maintain the system. | |
823 | - | "Full profile" means all the information provided on an | |
824 | - | identification card. | |
825 | - | "ISO" means the International Organization for | |
826 | - | Standardization, which creates uniform processes and | |
827 | - | procedures. | |
828 | - | "Limited profile" means a portion of the information | |
829 | - | provided on an Identification Card. | |
830 | - | "Mobile identification card" means a data file that is | |
831 | - | available on any mobile device that has connectivity to the | |
832 | - | Internet through an application that allows the mobile device | |
833 | - | to download the data file from the Secretary of State, that | |
834 | - | contains all the data elements visible on the face and back of | |
835 | - | an identification card, and that displays the current status | |
836 | - | of the identification card. "Mobile identification card" does | |
837 | - | not include a copy, photograph, or image of an Illinois | |
838 | - | Identification Card that is not downloaded through the | |
839 | - | application on a mobile device. | |
840 | - | "Physical credential" means a Department issued document | |
841 | - | that conveys identity in accordance with the Illinois | |
842 | 386 | ||
843 | 387 | ||
844 | - | Identification Card Act. | |
845 | - | "Provision" means the initial loading of an electronic | |
846 | - | credential onto a device. | |
847 | - | "Relying party" means the entity to which the credential | |
848 | - | holder presents the electronic credential. | |
849 | - | "Verification process" means a method of authenticating | |
850 | - | the electronic credential through the use of secured | |
851 | - | encryption communication. | |
852 | - | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | |
853 | - | 103-345, eff. 1-1-24; revised 12-12-23.) | |
854 | - | Section 10. The Illinois Vehicle Code is amended by | |
855 | - | changing Section 6-101 as follows: | |
856 | - | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101) | |
857 | - | Sec. 6-101. Drivers must have licenses or permits. | |
858 | - | (a) No person, except those expressly exempted by Section | |
859 | - | 6-102, shall drive any motor vehicle upon a highway in this | |
860 | - | State unless such person has a valid license or permit, an | |
861 | - | Illinois mobile driver's license, or a restricted driving | |
862 | - | permit, issued under the provisions of this Act. | |
863 | - | (b) No person shall drive a motor vehicle unless the | |
864 | - | person he holds a valid license or permit, an Illinois mobile | |
865 | - | driver's license, or a restricted driving permit issued under | |
866 | - | the provisions of Section 6-205, 6-206, or 6-113 of this Act. | |
867 | - | Any person to whom a license is issued under the provisions of | |
388 | + | ||
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868 | 390 | ||
869 | 391 | ||
870 | - | this Act must surrender to the Secretary of State all valid | |
871 | - | licenses or permits, except that an applicant for a | |
872 | - | non-domiciled commercial learner's permit or commercial | |
873 | - | driver's license shall not be required to surrender a license | |
874 | - | or permit issued by the applicant's state or country of | |
875 | - | domicile. No driver's drivers license or instruction permit | |
876 | - | shall be issued to any person who holds a valid Foreign State | |
877 | - | license, identification card, or permit unless such person | |
878 | - | first surrenders to the Secretary of State any such valid | |
879 | - | Foreign State license, identification card, or permit. | |
880 | - | (b-5) Any person who commits a violation of subsection (a) | |
881 | - | or (b) of this Section is guilty of a Class A misdemeanor, if | |
882 | - | at the time of the violation the person's driver's license or | |
883 | - | permit was cancelled under clause (a)9 of Section 6-201 of | |
884 | - | this Code. | |
885 | - | (c) Any person licensed as a driver hereunder shall not be | |
886 | - | required by any city, village, incorporated town or other | |
887 | - | municipal corporation to obtain any other license to exercise | |
888 | - | the privilege thereby granted. | |
889 | - | (d) In addition to other penalties imposed under this | |
890 | - | Section, any person in violation of this Section who is also in | |
891 | - | violation of Section 7-601 of this Code relating to mandatory | |
892 | - | insurance requirements shall have his or her motor vehicle | |
893 | - | immediately impounded by the arresting law enforcement | |
894 | - | officer. The motor vehicle may be released to any licensed | |
895 | - | driver upon a showing of proof of insurance for the motor | |
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394 | + | 1 (3) the relying parties to request only electronic | |
395 | + | 2 credential data elements that are necessary to complete | |
396 | + | 3 the transaction for which data is being requested. | |
397 | + | 4 (h) Privacy and tracking of data shall be restricted by | |
398 | + | 5 implementing the following requirements: | |
399 | + | 6 (1) the relying parties shall retain only electronic | |
400 | + | 7 credential data elements for which the relying party | |
401 | + | 8 explicitly obtained consent from the electronic credential | |
402 | + | 9 holder and shall inform the electronic credential holder | |
403 | + | 10 of the use and retention period of the electronic data | |
404 | + | 11 elements; and | |
405 | + | 12 (2) the Secretary shall use an electronic credential | |
406 | + | 13 system that is designed to maximize the privacy of the | |
407 | + | 14 credential holder in accordance with State and federal law | |
408 | + | 15 and shall not track or compile information without the | |
409 | + | 16 credential holder's consent; and | |
410 | + | 17 (3) the Department shall only compile and disclose | |
411 | + | 18 information regarding the use of the credential as | |
412 | + | 19 required by State or federal law. | |
413 | + | 20 (i)(1) The electronic credential holder shall be required | |
414 | + | 21 to have their physical credential on their person for all | |
415 | + | 22 purposes for which an identification card is required. No | |
416 | + | 23 person, public entity, private entity, or agency shall | |
417 | + | 24 establish a policy that requires an electronic credential | |
418 | + | 25 instead of a physical credential. | |
419 | + | 26 (2) Electronic credential systems shall be designed so | |
896 | 420 | ||
897 | 421 | ||
898 | - | vehicle that was impounded and the notarized written consent | |
899 | - | for the release by the vehicle owner. | |
900 | - | (e) In addition to other penalties imposed under this | |
901 | - | Section, the vehicle of any person in violation of this | |
902 | - | Section who is also in violation of Section 7-601 of this Code | |
903 | - | relating to mandatory insurance requirements and who, in | |
904 | - | violating this Section, has caused death or personal injury to | |
905 | - | another person is subject to forfeiture under Sections 36-1 | |
906 | - | and 36-2 of the Criminal Code of 2012. For the purposes of this | |
907 | - | Section, a personal injury shall include any type A injury as | |
908 | - | indicated on the traffic crash report completed by a law | |
909 | - | enforcement officer that requires immediate professional | |
910 | - | attention in either a doctor's office or a medical facility. A | |
911 | - | type A injury shall include severely bleeding wounds, | |
912 | - | distorted extremities, and injuries that require the injured | |
913 | - | party to be carried from the scene. | |
914 | - | (f)(1) The Secretary of State may issue a mobile driver's | |
915 | - | license to an individual in addition to, and not instead of, a | |
916 | - | license or an identification card if the Secretary of State | |
917 | - | has issued a driver's license to the person. | |
918 | - | (2) The Secretary may enter into agreements with an agency | |
919 | - | of the State, another state, or the United States to | |
920 | - | facilitate the issuance, use, and verification of a mobile | |
921 | - | driver's license issued by the Secretary or another state. | |
922 | - | (3) Any mobile driver's license issued by the Secretary | |
923 | - | shall be in accordance with American Association of Motor | |
924 | 422 | ||
925 | 423 | ||
926 | - | Vehicle Administrator's Mobile Driver's License (mDL) | |
927 | - | Implementation Guidelines, Version 1.1. | |
928 | - | (4) The Secretary shall design the mobile driver's license | |
929 | - | in a manner that allows the credential holder to maintain | |
930 | - | physical possession of the device on which the electronic | |
931 | - | credential is accessed during verification. | |
932 | - | (g) As used in this Section: | |
933 | - | "Mobile driver's license" means an electronic extension of | |
934 | - | the Secretary of State issued physical driver's license that | |
935 | - | conveys identity and driving privilege information and is in | |
936 | - | compliance with the American Association of Motor Vehicle | |
937 | - | Administrator's Mobile Driver's License Implementation | |
938 | - | Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's | |
939 | - | license" does not include a digital copy, photograph, or image | |
940 | - | of a driver's license that is not downloaded through the | |
941 | - | Secretary of State's application on a mobile device. | |
942 | - | (h) A person may be required to produce when so requested a | |
943 | - | physical driver's license to a law enforcement officer, a | |
944 | - | representative of a State or federal department or agency, or | |
945 | - | a private entity and is subject to all applicable laws and | |
946 | - | consequences for failure to produce such a license. | |
947 | - | (i) The Secretary of State shall adopt such rules as are | |
948 | - | necessary to implement a mobile driver's license. | |
949 | - | (j) The display of a mobile driver's license shall not | |
950 | - | serve as consent or authorization for a law enforcement | |
951 | - | officer, or any other person, to search, view, or access any | |
424 | + | ||
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952 | 426 | ||
953 | 427 | ||
954 | - | other data or application on the mobile device. If a person | |
955 | - | presents his or her mobile device to a law enforcement officer | |
956 | - | for purposes of displaying a mobile driver's license, the law | |
957 | - | enforcement officer shall promptly return the mobile device to | |
958 | - | the person once the officer has had an opportunity to verify | |
959 | - | the identity and license status of the person. Except for | |
960 | - | willful and wanton misconduct, any law enforcement officer, | |
961 | - | court, or officer of the court presented with the device shall | |
962 | - | be immune from any liability resulting from damage to the | |
963 | - | mobile device. | |
964 | - | (k) The fee to install the application to display a mobile | |
965 | - | driver's license as defined in this subsection shall not | |
966 | - | exceed $6. | |
967 | - | (Source: P.A. 102-982, eff. 7-1-23.) | |
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430 | + | 1 that there is no requirement for the electronic credential | |
431 | + | 2 holder to display or relinquish possession of the credential | |
432 | + | 3 holder's mobile device to relying parties for the acceptance | |
433 | + | 4 of an electronic credential. | |
434 | + | 5 (3) When required by law and upon request by law | |
435 | + | 6 enforcement, a credential holder must provide the credential | |
436 | + | 7 holder's physical credential. | |
437 | + | 8 (4) Any law or regulation that requires an individual to | |
438 | + | 9 surrender the individual's physical credential to law | |
439 | + | 10 enforcement does not apply to the device on which an | |
440 | + | 11 electronic credential has been provisioned. | |
441 | + | 12 (j) A person may be required to produce when so requested a | |
442 | + | 13 physical identification card to a law enforcement officer, a | |
443 | + | 14 representative of a State or federal department or agency, or | |
444 | + | 15 a private entity and is subject to all applicable laws and | |
445 | + | 16 consequences for failure to produce such an identification | |
446 | + | 17 card. | |
447 | + | 18 (k) The Secretary of State shall adopt such rules as are | |
448 | + | 19 necessary to implement a mobile identification card. | |
449 | + | 20 (l) The display of a mobile identification card shall not | |
450 | + | 21 serve as consent or authorization for a law enforcement | |
451 | + | 22 officer, or any other person, to search, view, or access any | |
452 | + | 23 other data or application on the mobile device. If a person | |
453 | + | 24 presents the person's mobile device to a law enforcement | |
454 | + | 25 officer for purposes of displaying a mobile identification | |
455 | + | 26 card, the law enforcement officer shall promptly return the | |
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466 | + | 1 mobile device to the person once the officer has had an | |
467 | + | 2 opportunity to verify the identity of the person. Except for | |
468 | + | 3 willful and wanton misconduct, any law enforcement officer, | |
469 | + | 4 court, or officer of the court presented with the device shall | |
470 | + | 5 be immune from any liability resulting from damage to the | |
471 | + | 6 mobile device. | |
472 | + | 7 (m) The fee to install the application to display a mobile | |
473 | + | 8 identification card as defined in this subsection shall not | |
474 | + | 9 exceed $6. | |
475 | + | 10 (n) As used in this Section: | |
476 | + | 11 "AAMVA" means the American Association of Motor Vehicle | |
477 | + | 12 Administrators. | |
478 | + | 13 "Credential" means a driver's license, learner's permit, | |
479 | + | 14 or identification card. | |
480 | + | 15 "Credential holder" means the individual to whom a mobile | |
481 | + | 16 identification card is issued. | |
482 | + | 17 "Data element" means a distinct component of a customer's | |
483 | + | 18 information that is found on the Department's customer record. | |
484 | + | 19 "Department" means the Secretary of State Department of | |
485 | + | 20 Driver Services. | |
486 | + | 21 "Electronic credential" means an electronic extension of | |
487 | + | 22 the departmental issued physical credential that conveys | |
488 | + | 23 identity and complies with AAMVA's mobile driver license | |
489 | + | 24 Implementation guidelines and the ISO/IEC 18013-5 standard. | |
490 | + | 25 "Electronic credential system" means a digital process | |
491 | + | 26 that includes a method for provisioning electronic | |
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502 | + | 1 credentials, requesting and transmitting electronic credential | |
503 | + | 2 data elements, and performing tasks to maintain the system. | |
504 | + | 3 "Full profile" means all the information provided on an | |
505 | + | 4 identification card. | |
506 | + | 5 "ISO" means the International Organization for | |
507 | + | 6 Standardization, which creates uniform processes and | |
508 | + | 7 procedures. | |
509 | + | 8 "Limited profile" means a portion of the information | |
510 | + | 9 provided on an identification card. | |
511 | + | 10 "Mobile identification card" means a data file that is | |
512 | + | 11 available on any mobile device that has connectivity to the | |
513 | + | 12 Internet through an application that allows the mobile device | |
514 | + | 13 to download the data file from the Secretary of State, that | |
515 | + | 14 contains all the data elements visible on the face and back of | |
516 | + | 15 an identification card, and that displays the current status | |
517 | + | 16 of the identification card. "Mobile identification card" does | |
518 | + | 17 not include a copy, photograph, or image of an Illinois | |
519 | + | 18 Identification Card that is not downloaded through the | |
520 | + | 19 application on a mobile device. | |
521 | + | 20 "Physical credential" means a Department issued document | |
522 | + | 21 that conveys identity in accordance with the Illinois | |
523 | + | 22 Identification Card Act. | |
524 | + | 23 "Provision" means the initial loading of an electronic | |
525 | + | 24 credential onto a device. | |
526 | + | 25 "Relying party" means the entity to which the credential | |
527 | + | 26 holder presents the electronic credential. | |
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538 | + | 1 "Verification process" means a method of authenticating | |
539 | + | 2 the electronic credential through the use of secured | |
540 | + | 3 encryption communication. | |
541 | + | 4 (Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) | |
542 | + | 5 (Text of Section after amendment by P.A. 103-210) | |
543 | + | 6 Sec. 4. Identification card. | |
544 | + | 7 (a) In accordance with the requirements of this Section, | |
545 | + | 8 the The Secretary of State shall issue a standard Illinois | |
546 | + | 9 Identification Card, as well as a mobile Illinois | |
547 | + | 10 Identification Card, to any natural person who is a resident | |
548 | + | 11 of the State of Illinois who applies for such a card, or | |
549 | + | 12 renewal thereof. No identification card shall be issued to any | |
550 | + | 13 person who holds a valid foreign state identification card, | |
551 | + | 14 license, or permit unless the person first surrenders to the | |
552 | + | 15 Secretary of State the valid foreign state identification | |
553 | + | 16 card, license, or permit. The card shall be prepared and | |
554 | + | 17 supplied by the Secretary of State and shall include a | |
555 | + | 18 photograph and signature or mark of the applicant. However, | |
556 | + | 19 the Secretary of State may provide by rule for the issuance of | |
557 | + | 20 Illinois Identification Cards without photographs if the | |
558 | + | 21 applicant has a bona fide religious objection to being | |
559 | + | 22 photographed or to the display of his or her photograph. The | |
560 | + | 23 Illinois Identification Card may be used for identification | |
561 | + | 24 purposes in any lawful situation only by the person to whom it | |
562 | + | 25 was issued. As used in this Act, "photograph" means any color | |
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573 | + | 1 photograph or digitally produced and captured image of an | |
574 | + | 2 applicant for an identification card. As used in this Act, | |
575 | + | 3 "signature" means the name of a person as written by that | |
576 | + | 4 person and captured in a manner acceptable to the Secretary of | |
577 | + | 5 State. | |
578 | + | 6 (a-5) If an applicant for an identification card has a | |
579 | + | 7 current driver's license or instruction permit issued by the | |
580 | + | 8 Secretary of State, the Secretary may require the applicant to | |
581 | + | 9 utilize the same residence address and name on the | |
582 | + | 10 identification card, driver's license, and instruction permit | |
583 | + | 11 records maintained by the Secretary. The Secretary may | |
584 | + | 12 promulgate rules to implement this provision. | |
585 | + | 13 (a-10) If the applicant is a judicial officer as defined | |
586 | + | 14 in Section 1-10 of the Judicial Privacy Act or a peace officer, | |
587 | + | 15 the applicant may elect to have his or her office or work | |
588 | + | 16 address listed on the card instead of the applicant's | |
589 | + | 17 residence or mailing address. The Secretary may promulgate | |
590 | + | 18 rules to implement this provision. For the purposes of this | |
591 | + | 19 subsection (a-10), "peace officer" means any person who by | |
592 | + | 20 virtue of his or her office or public employment is vested by | |
593 | + | 21 law with a duty to maintain public order or to make arrests for | |
594 | + | 22 a violation of any penal statute of this State, whether that | |
595 | + | 23 duty extends to all violations or is limited to specific | |
596 | + | 24 violations. | |
597 | + | 25 (a-15) The Secretary of State may provide for an expedited | |
598 | + | 26 process for the issuance of an Illinois Identification Card. | |
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609 | + | 1 The Secretary shall charge an additional fee for the expedited | |
610 | + | 2 issuance of an Illinois Identification Card, to be set by | |
611 | + | 3 rule, not to exceed $75. All fees collected by the Secretary | |
612 | + | 4 for expedited Illinois Identification Card service shall be | |
613 | + | 5 deposited into the Secretary of State Special Services Fund. | |
614 | + | 6 The Secretary may adopt rules regarding the eligibility, | |
615 | + | 7 process, and fee for an expedited Illinois Identification | |
616 | + | 8 Card. If the Secretary of State determines that the volume of | |
617 | + | 9 expedited identification card requests received on a given day | |
618 | + | 10 exceeds the ability of the Secretary to process those requests | |
619 | + | 11 in an expedited manner, the Secretary may decline to provide | |
620 | + | 12 expedited services, and the additional fee for the expedited | |
621 | + | 13 service shall be refunded to the applicant. | |
622 | + | 14 (a-20) The Secretary of State shall issue a standard | |
623 | + | 15 Illinois Identification Card to a person committed to the | |
624 | + | 16 Department of Corrections or Department of Juvenile Justice | |
625 | + | 17 upon receipt of the person's birth certificate, social | |
626 | + | 18 security card, if the person has a social security number, | |
627 | + | 19 photograph, proof of residency upon discharge, and an | |
628 | + | 20 identification card application transferred via a secure | |
629 | + | 21 method as agreed upon by the Secretary and the Department of | |
630 | + | 22 Corrections or Department of Juvenile Justice, if the person | |
631 | + | 23 has a social security number,. Illinois residency shall be | |
632 | + | 24 established by submission of a Secretary of State prescribed | |
633 | + | 25 Identification Card verification form completed by the | |
634 | + | 26 respective Department. | |
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645 | + | 1 (a-25) The Secretary of State shall issue a limited-term | |
646 | + | 2 Illinois Identification Card valid for 90 days to a committed | |
647 | + | 3 person upon release on parole, mandatory supervised release, | |
648 | + | 4 aftercare release, final discharge, or pardon from the | |
649 | + | 5 Department of Corrections or Department of Juvenile Justice, | |
650 | + | 6 if the released person is unable to present a certified copy of | |
651 | + | 7 his or her birth certificate and social security card, if the | |
652 | + | 8 person has a social security number, or other documents | |
653 | + | 9 authorized by the Secretary, but does present a Secretary of | |
654 | + | 10 State prescribed Identification Card verification form | |
655 | + | 11 completed by the Department of Corrections or Department of | |
656 | + | 12 Juvenile Justice, verifying the released person's date of | |
657 | + | 13 birth, social security number, if the person has a social | |
658 | + | 14 security number, and his or her Illinois residence address. | |
659 | + | 15 The verification form must have been completed no more than 30 | |
660 | + | 16 days prior to the date of application for the Illinois | |
661 | + | 17 Identification Card. | |
662 | + | 18 Prior to the expiration of the 90-day period of the | |
663 | + | 19 limited-term Illinois Identification Card, if the released | |
664 | + | 20 person submits to the Secretary of State a certified copy of | |
665 | + | 21 his or her birth certificate and his or her social security | |
666 | + | 22 card, if the person has a social security number, or other | |
667 | + | 23 documents authorized by the Secretary, a standard Illinois | |
668 | + | 24 Identification Card shall be issued. A limited-term Illinois | |
669 | + | 25 Identification Card may not be renewed. | |
670 | + | 26 (a-30) The Secretary of State shall issue a standard | |
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681 | + | 1 Illinois Identification Card to a person upon conditional | |
682 | + | 2 release or absolute discharge from the custody of the | |
683 | + | 3 Department of Human Services, if the person presents a | |
684 | + | 4 certified copy of his or her birth certificate, social | |
685 | + | 5 security card, if the person has a social security number, or | |
686 | + | 6 other documents authorized by the Secretary, and a document | |
687 | + | 7 proving his or her Illinois residence address. The Secretary | |
688 | + | 8 of State shall issue a standard Illinois Identification Card | |
689 | + | 9 to a person prior to his or her conditional release or absolute | |
690 | + | 10 discharge if personnel from the Department of Human Services | |
691 | + | 11 bring the person to a Secretary of State location with the | |
692 | + | 12 required documents. Documents proving residence address may | |
693 | + | 13 include any official document of the Department of Human | |
694 | + | 14 Services showing the person's address after release and a | |
695 | + | 15 Secretary of State prescribed verification form, which may be | |
696 | + | 16 executed by personnel of the Department of Human Services. | |
697 | + | 17 (a-35) The Secretary of State shall issue a limited-term | |
698 | + | 18 Illinois Identification Card valid for 90 days to a person | |
699 | + | 19 upon conditional release or absolute discharge from the | |
700 | + | 20 custody of the Department of Human Services, if the person is | |
701 | + | 21 unable to present a certified copy of his or her birth | |
702 | + | 22 certificate and social security card, if the person has a | |
703 | + | 23 social security number, or other documents authorized by the | |
704 | + | 24 Secretary, but does present a Secretary of State prescribed | |
705 | + | 25 verification form completed by the Department of Human | |
706 | + | 26 Services, verifying the person's date of birth and social | |
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717 | + | 1 security number, if the person has a social security number, | |
718 | + | 2 and a document proving his or her Illinois residence address. | |
719 | + | 3 The verification form must have been completed no more than 30 | |
720 | + | 4 days prior to the date of application for the Illinois | |
721 | + | 5 Identification Card. The Secretary of State shall issue a | |
722 | + | 6 limited-term Illinois Identification Card to a person no | |
723 | + | 7 sooner than 14 days prior to his or her conditional release or | |
724 | + | 8 absolute discharge if personnel from the Department of Human | |
725 | + | 9 Services bring the person to a Secretary of State location | |
726 | + | 10 with the required documents. Documents proving residence | |
727 | + | 11 address shall include any official document of the Department | |
728 | + | 12 of Human Services showing the person's address after release | |
729 | + | 13 and a Secretary of State prescribed verification form, which | |
730 | + | 14 may be executed by personnel of the Department of Human | |
731 | + | 15 Services. | |
732 | + | 16 (b) The Secretary of State shall issue a special Illinois | |
733 | + | 17 Identification Card, which shall be known as an Illinois | |
734 | + | 18 Person with a Disability Identification Card, to any natural | |
735 | + | 19 person who is a resident of the State of Illinois, who is a | |
736 | + | 20 person with a disability as defined in Section 4A of this Act, | |
737 | + | 21 who applies for such card, or renewal thereof. No Illinois | |
738 | + | 22 Person with a Disability Identification Card shall be issued | |
739 | + | 23 to any person who holds a valid foreign state identification | |
740 | + | 24 card, license, or permit unless the person first surrenders to | |
741 | + | 25 the Secretary of State the valid foreign state identification | |
742 | + | 26 card, license, or permit. The Secretary of State shall charge | |
743 | + | ||
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753 | + | 1 no fee to issue such card. The card shall be prepared and | |
754 | + | 2 supplied by the Secretary of State, and shall include a | |
755 | + | 3 photograph and signature or mark of the applicant, a | |
756 | + | 4 designation indicating that the card is an Illinois Person | |
757 | + | 5 with a Disability Identification Card, and shall include a | |
758 | + | 6 comprehensible designation of the type and classification of | |
759 | + | 7 the applicant's disability as set out in Section 4A of this | |
760 | + | 8 Act. However, the Secretary of State may provide by rule for | |
761 | + | 9 the issuance of Illinois Person with a Disability | |
762 | + | 10 Identification Cards without photographs if the applicant has | |
763 | + | 11 a bona fide religious objection to being photographed or to | |
764 | + | 12 the display of his or her photograph. If the applicant so | |
765 | + | 13 requests, the card shall include a description of the | |
766 | + | 14 applicant's disability and any information about the | |
767 | + | 15 applicant's disability or medical history which the Secretary | |
768 | + | 16 determines would be helpful to the applicant in securing | |
769 | + | 17 emergency medical care. If a mark is used in lieu of a | |
770 | + | 18 signature, such mark shall be affixed to the card in the | |
771 | + | 19 presence of two witnesses who attest to the authenticity of | |
772 | + | 20 the mark. The Illinois Person with a Disability Identification | |
773 | + | 21 Card may be used for identification purposes in any lawful | |
774 | + | 22 situation by the person to whom it was issued. | |
775 | + | 23 The Illinois Person with a Disability Identification Card | |
776 | + | 24 may be used as adequate documentation of disability in lieu of | |
777 | + | 25 a physician's determination of disability, a determination of | |
778 | + | 26 disability from a physician assistant, a determination of | |
779 | + | ||
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789 | + | 1 disability from an advanced practice registered nurse, or any | |
790 | + | 2 other documentation of disability whenever any State law | |
791 | + | 3 requires that a person with a disability provide such | |
792 | + | 4 documentation of disability, however an Illinois Person with a | |
793 | + | 5 Disability Identification Card shall not qualify the | |
794 | + | 6 cardholder to participate in any program or to receive any | |
795 | + | 7 benefit which is not available to all persons with like | |
796 | + | 8 disabilities. Notwithstanding any other provisions of law, an | |
797 | + | 9 Illinois Person with a Disability Identification Card, or | |
798 | + | 10 evidence that the Secretary of State has issued an Illinois | |
799 | + | 11 Person with a Disability Identification Card, shall not be | |
800 | + | 12 used by any person other than the person named on such card to | |
801 | + | 13 prove that the person named on such card is a person with a | |
802 | + | 14 disability or for any other purpose unless the card is used for | |
803 | + | 15 the benefit of the person named on such card, and the person | |
804 | + | 16 named on such card consents to such use at the time the card is | |
805 | + | 17 so used. | |
806 | + | 18 An optometrist's determination of a visual disability | |
807 | + | 19 under Section 4A of this Act is acceptable as documentation | |
808 | + | 20 for the purpose of issuing an Illinois Person with a | |
809 | + | 21 Disability Identification Card. | |
810 | + | 22 When medical information is contained on an Illinois | |
811 | + | 23 Person with a Disability Identification Card, the Office of | |
812 | + | 24 the Secretary of State shall not be liable for any actions | |
813 | + | 25 taken based upon that medical information. | |
814 | + | 26 (c) The Secretary of State shall provide that each | |
815 | + | ||
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825 | + | 1 original or renewal Illinois Identification Card or Illinois | |
826 | + | 2 Person with a Disability Identification Card issued to a | |
827 | + | 3 person under the age of 21 shall be of a distinct nature from | |
828 | + | 4 those Illinois Identification Cards or Illinois Person with a | |
829 | + | 5 Disability Identification Cards issued to individuals 21 years | |
830 | + | 6 of age or older. The color designated for Illinois | |
831 | + | 7 Identification Cards or Illinois Person with a Disability | |
832 | + | 8 Identification Cards for persons under the age of 21 shall be | |
833 | + | 9 at the discretion of the Secretary of State. | |
834 | + | 10 (c-1) Each original or renewal Illinois Identification | |
835 | + | 11 Card or Illinois Person with a Disability Identification Card | |
836 | + | 12 issued to a person under the age of 21 shall display the date | |
837 | + | 13 upon which the person becomes 18 years of age and the date upon | |
838 | + | 14 which the person becomes 21 years of age. | |
839 | + | 15 (c-3) The General Assembly recognizes the need to identify | |
840 | + | 16 military veterans living in this State for the purpose of | |
841 | + | 17 ensuring that they receive all of the services and benefits to | |
842 | + | 18 which they are legally entitled, including healthcare, | |
843 | + | 19 education assistance, and job placement. To assist the State | |
844 | + | 20 in identifying these veterans and delivering these vital | |
845 | + | 21 services and benefits, the Secretary of State is authorized to | |
846 | + | 22 issue Illinois Identification Cards and Illinois Person with a | |
847 | + | 23 Disability Identification Cards with the word "veteran" | |
848 | + | 24 appearing on the face of the cards. This authorization is | |
849 | + | 25 predicated on the unique status of veterans. The Secretary may | |
850 | + | 26 not issue any other identification card which identifies an | |
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861 | + | 1 occupation, status, affiliation, hobby, or other unique | |
862 | + | 2 characteristics of the identification card holder which is | |
863 | + | 3 unrelated to the purpose of the identification card. | |
864 | + | 4 (c-5) Beginning on or before July 1, 2015, the Secretary | |
865 | + | 5 of State shall designate a space on each original or renewal | |
866 | + | 6 identification card where, at the request of the applicant, | |
867 | + | 7 the word "veteran" shall be placed. The veteran designation | |
868 | + | 8 shall be available to a person identified as a veteran under | |
869 | + | 9 subsection (b) of Section 5 of this Act who was discharged or | |
870 | + | 10 separated under honorable conditions. | |
871 | + | 11 (d) The Secretary of State may issue a Senior Citizen | |
872 | + | 12 discount card, to any natural person who is a resident of the | |
873 | + | 13 State of Illinois who is 60 years of age or older and who | |
874 | + | 14 applies for such a card or renewal thereof. The Secretary of | |
875 | + | 15 State shall charge no fee to issue such card. The card shall be | |
876 | + | 16 issued in every county and applications shall be made | |
877 | + | 17 available at, but not limited to, nutrition sites, senior | |
878 | + | 18 citizen centers and Area Agencies on Aging. The applicant, | |
879 | + | 19 upon receipt of such card and prior to its use for any purpose, | |
880 | + | 20 shall have affixed thereon in the space provided therefor his | |
881 | + | 21 signature or mark. | |
882 | + | 22 (e) The Secretary of State, in his or her discretion, may | |
883 | + | 23 designate on each Illinois Identification Card or Illinois | |
884 | + | 24 Person with a Disability Identification Card a space where the | |
885 | + | 25 card holder may place a sticker or decal, issued by the | |
886 | + | 26 Secretary of State, of uniform size as the Secretary may | |
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897 | + | 1 specify, that shall indicate in appropriate language that the | |
898 | + | 2 card holder has renewed his or her Illinois Identification | |
899 | + | 3 Card or Illinois Person with a Disability Identification Card. | |
900 | + | 4 (f)(1) The Secretary of State may issue a mobile | |
901 | + | 5 identification card to an individual who is otherwise eligible | |
902 | + | 6 to hold a physical credential in addition to, and not instead | |
903 | + | 7 of, an identification card if the Secretary of State has | |
904 | + | 8 issued an identification card to the person. The data elements | |
905 | + | 9 that are used to build an electronic credential must match the | |
906 | + | 10 individual's current Department record. | |
907 | + | 11 (2) The Secretary may enter into agreements or | |
908 | + | 12 contract with an agency of the State, another state, the | |
909 | + | 13 United States, or a third party to facilitate the | |
910 | + | 14 issuance, use, and verification of a mobile identification | |
911 | + | 15 card issued by the Secretary or another state. | |
912 | + | 16 (3) Any mobile identification card issued by the | |
913 | + | 17 Secretary shall be in accordance with the most recent | |
914 | + | 18 AAMVA standards. | |
915 | + | 19 (4) The Secretary shall design the mobile | |
916 | + | 20 identification card in a manner that allows the credential | |
917 | + | 21 holder to maintain physical possession of the device on | |
918 | + | 22 which the mobile identification card is accessed during | |
919 | + | 23 verification. | |
920 | + | 24 (g) The verification process shall be implemented to | |
921 | + | 25 require: | |
922 | + | 26 (1) the relying parties to authenticate electronic | |
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933 | + | 1 credentials in accordance with applicable AAMVA standards | |
934 | + | 2 prior to acceptance of the electronic credential; | |
935 | + | 3 (2) the Secretary to ensure that electronic credential | |
936 | + | 4 data is subject to all jurisdictional data security and | |
937 | + | 5 privacy protection laws and regulations; and | |
938 | + | 6 (3) the relying parties to request only electronic | |
939 | + | 7 credential data elements that are necessary to complete | |
940 | + | 8 the transaction for which data is being requested. | |
941 | + | 9 (h) Privacy and tracking of data shall be restricted by | |
942 | + | 10 implementing the following requirements: | |
943 | + | 11 (1) the relying parties shall retain only electronic | |
944 | + | 12 credential data elements for which the relying party | |
945 | + | 13 explicitly obtained consent from the electronic credential | |
946 | + | 14 holder and shall inform the electronic credential holder | |
947 | + | 15 of the use and retention period of the electronic data | |
948 | + | 16 elements; | |
949 | + | 17 (2) the Secretary shall use an electronic credential | |
950 | + | 18 system that is designed to maximize the privacy of the | |
951 | + | 19 credential holder in accordance with State and federal law | |
952 | + | 20 and shall not track or compile information without the | |
953 | + | 21 credential holder's consent; and | |
954 | + | 22 (3) the Department shall only compile and disclose | |
955 | + | 23 information regarding the use of the credential as | |
956 | + | 24 required by State or federal law. | |
957 | + | 25 (i)(1) The electronic credential holder shall be required | |
958 | + | 26 to have their physical credential on their person for all | |
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969 | + | 1 purposes for which an identification card is required. No | |
970 | + | 2 person, public entity, private entity, or agency shall | |
971 | + | 3 establish a policy that requires an electronic credential | |
972 | + | 4 instead of a physical credential. | |
973 | + | 5 (2) Electronic credential systems shall be designed so | |
974 | + | 6 that there is no requirement for the electronic credential | |
975 | + | 7 holder to display or relinquish possession of the credential | |
976 | + | 8 holder's mobile device to relying parties for the acceptance | |
977 | + | 9 of an electronic credential. | |
978 | + | 10 (3) When required by law and upon request by law | |
979 | + | 11 enforcement, a credential holder must provide the credential | |
980 | + | 12 holder's physical credential. | |
981 | + | 13 (4) Any law or regulation that requires an individual to | |
982 | + | 14 surrender their physical credential to law enforcement does | |
983 | + | 15 not apply to the device on which an electronic credential has | |
984 | + | 16 been provisioned. | |
985 | + | 17 (j) A person may be required to produce when so requested a | |
986 | + | 18 physical identification card to a law enforcement officer, a | |
987 | + | 19 representative of a State or federal department or agency, or | |
988 | + | 20 a private entity and is subject to all applicable laws and | |
989 | + | 21 consequences for failure to produce such an identification | |
990 | + | 22 card. | |
991 | + | 23 (k) The Secretary of State shall adopt such rules as are | |
992 | + | 24 necessary to implement a mobile identification card. | |
993 | + | 25 (l) The display of a mobile identification card shall not | |
994 | + | 26 serve as consent or authorization for a law enforcement | |
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1005 | + | 1 officer, or any other person, to search, view, or access any | |
1006 | + | 2 other data or application on the mobile device. If a person | |
1007 | + | 3 presents the person's mobile device to a law enforcement | |
1008 | + | 4 officer for purposes of displaying a mobile identification | |
1009 | + | 5 card, the law enforcement officer shall promptly return the | |
1010 | + | 6 mobile device to the person once the officer has had an | |
1011 | + | 7 opportunity to verify the identity of the person. Except for | |
1012 | + | 8 willful and wanton misconduct, any law enforcement officer, | |
1013 | + | 9 court, or officer of the court presented with the device shall | |
1014 | + | 10 be immune from any liability resulting from damage to the | |
1015 | + | 11 mobile device. | |
1016 | + | 12 (m) The fee to install the application to display a mobile | |
1017 | + | 13 identification card as defined in this subsection shall not | |
1018 | + | 14 exceed $6. | |
1019 | + | 15 (n) As used in this Section: | |
1020 | + | 16 "AAMVA" means the American Association of Motor Vehicle | |
1021 | + | 17 Administrators. | |
1022 | + | 18 "Credential" means a driver's license, learner's permit, | |
1023 | + | 19 or identification card. | |
1024 | + | 20 "Credential holder" means the individual to whom a mobile | |
1025 | + | 21 driver's license or a mobile identification card is issued. | |
1026 | + | 22 "Data element" means a distinct component of a customer's | |
1027 | + | 23 information that is found on the Department's customer record. | |
1028 | + | 24 "Department" means the Secretary of State Department of | |
1029 | + | 25 Driver Services. | |
1030 | + | 26 "Electronic credential" means an electronic extension of | |
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1041 | + | 1 the departmental issued physical credential that conveys | |
1042 | + | 2 identity and complies with AAMVA's mobile driver license | |
1043 | + | 3 Implementation guidelines and the ISO/IEC 18013-5 standard. | |
1044 | + | 4 "Electronic credential system" means a digital process | |
1045 | + | 5 that includes a method for provisioning electronic | |
1046 | + | 6 credentials, requesting and transmitting electronic credential | |
1047 | + | 7 data elements, and performing tasks to maintain the system. | |
1048 | + | 8 "Full profile" means all the information provided on an | |
1049 | + | 9 identification card. | |
1050 | + | 10 "ISO" means the International Organization for | |
1051 | + | 11 Standardization, which creates uniform processes and | |
1052 | + | 12 procedures. | |
1053 | + | 13 "Limited profile" means a portion of the information | |
1054 | + | 14 provided on an Identification Card. | |
1055 | + | 15 "Mobile identification card" means a data file that is | |
1056 | + | 16 available on any mobile device that has connectivity to the | |
1057 | + | 17 Internet through an application that allows the mobile device | |
1058 | + | 18 to download the data file from the Secretary of State, that | |
1059 | + | 19 contains all the data elements visible on the face and back of | |
1060 | + | 20 an identification card, and that displays the current status | |
1061 | + | 21 of the identification card. "Mobile identification card" does | |
1062 | + | 22 not include a copy, photograph, or image of an Illinois | |
1063 | + | 23 Identification Card that is not downloaded through the | |
1064 | + | 24 application on a mobile device. | |
1065 | + | 25 "Physical credential" means a Department issued document | |
1066 | + | 26 that conveys identity in accordance with the Illinois | |
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1077 | + | 1 Identification Card Act. | |
1078 | + | 2 "Provision" means the initial loading of an electronic | |
1079 | + | 3 credential onto a device. | |
1080 | + | 4 "Relying party" means the entity to which the credential | |
1081 | + | 5 holder presents the electronic credential. | |
1082 | + | 6 "Verification process" means a method of authenticating | |
1083 | + | 7 the electronic credential through the use of secured | |
1084 | + | 8 encryption communication. | |
1085 | + | 9 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | |
1086 | + | 10 103-345, eff. 1-1-24; revised 12-12-23.) | |
1087 | + | 11 Section 10. The Illinois Vehicle Code is amended by | |
1088 | + | 12 changing Section 6-101 as follows: | |
1089 | + | 13 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101) | |
1090 | + | 14 Sec. 6-101. Drivers must have licenses or permits. | |
1091 | + | 15 (a) No person, except those expressly exempted by Section | |
1092 | + | 16 6-102, shall drive any motor vehicle upon a highway in this | |
1093 | + | 17 State unless such person has a valid license or permit, an | |
1094 | + | 18 Illinois mobile driver's license, or a restricted driving | |
1095 | + | 19 permit, issued under the provisions of this Act. | |
1096 | + | 20 (b) No person shall drive a motor vehicle unless the | |
1097 | + | 21 person he holds a valid license or permit, an Illinois mobile | |
1098 | + | 22 driver's license, or a restricted driving permit issued under | |
1099 | + | 23 the provisions of Section 6-205, 6-206, or 6-113 of this Act. | |
1100 | + | 24 Any person to whom a license is issued under the provisions of | |
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1111 | + | 1 this Act must surrender to the Secretary of State all valid | |
1112 | + | 2 licenses or permits, except that an applicant for a | |
1113 | + | 3 non-domiciled commercial learner's permit or commercial | |
1114 | + | 4 driver's license shall not be required to surrender a license | |
1115 | + | 5 or permit issued by the applicant's state or country of | |
1116 | + | 6 domicile. No driver's drivers license or instruction permit | |
1117 | + | 7 shall be issued to any person who holds a valid Foreign State | |
1118 | + | 8 license, identification card, or permit unless such person | |
1119 | + | 9 first surrenders to the Secretary of State any such valid | |
1120 | + | 10 Foreign State license, identification card, or permit. | |
1121 | + | 11 (b-5) Any person who commits a violation of subsection (a) | |
1122 | + | 12 or (b) of this Section is guilty of a Class A misdemeanor, if | |
1123 | + | 13 at the time of the violation the person's driver's license or | |
1124 | + | 14 permit was cancelled under clause (a)9 of Section 6-201 of | |
1125 | + | 15 this Code. | |
1126 | + | 16 (c) Any person licensed as a driver hereunder shall not be | |
1127 | + | 17 required by any city, village, incorporated town or other | |
1128 | + | 18 municipal corporation to obtain any other license to exercise | |
1129 | + | 19 the privilege thereby granted. | |
1130 | + | 20 (d) In addition to other penalties imposed under this | |
1131 | + | 21 Section, any person in violation of this Section who is also in | |
1132 | + | 22 violation of Section 7-601 of this Code relating to mandatory | |
1133 | + | 23 insurance requirements shall have his or her motor vehicle | |
1134 | + | 24 immediately impounded by the arresting law enforcement | |
1135 | + | 25 officer. The motor vehicle may be released to any licensed | |
1136 | + | 26 driver upon a showing of proof of insurance for the motor | |
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1147 | + | 1 vehicle that was impounded and the notarized written consent | |
1148 | + | 2 for the release by the vehicle owner. | |
1149 | + | 3 (e) In addition to other penalties imposed under this | |
1150 | + | 4 Section, the vehicle of any person in violation of this | |
1151 | + | 5 Section who is also in violation of Section 7-601 of this Code | |
1152 | + | 6 relating to mandatory insurance requirements and who, in | |
1153 | + | 7 violating this Section, has caused death or personal injury to | |
1154 | + | 8 another person is subject to forfeiture under Sections 36-1 | |
1155 | + | 9 and 36-2 of the Criminal Code of 2012. For the purposes of this | |
1156 | + | 10 Section, a personal injury shall include any type A injury as | |
1157 | + | 11 indicated on the traffic crash report completed by a law | |
1158 | + | 12 enforcement officer that requires immediate professional | |
1159 | + | 13 attention in either a doctor's office or a medical facility. A | |
1160 | + | 14 type A injury shall include severely bleeding wounds, | |
1161 | + | 15 distorted extremities, and injuries that require the injured | |
1162 | + | 16 party to be carried from the scene. | |
1163 | + | 17 (f)(1) The Secretary of State may issue a mobile driver's | |
1164 | + | 18 license to an individual in addition to, and not instead of, a | |
1165 | + | 19 license or an identification card if the Secretary of State | |
1166 | + | 20 has issued a driver's license to the person. | |
1167 | + | 21 (2) The Secretary may enter into agreements with an agency | |
1168 | + | 22 of the State, another state, or the United States to | |
1169 | + | 23 facilitate the issuance, use, and verification of a mobile | |
1170 | + | 24 driver's license issued by the Secretary or another state. | |
1171 | + | 25 (3) Any mobile driver's license issued by the Secretary | |
1172 | + | 26 shall be in accordance with American Association of Motor | |
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1183 | + | 1 Vehicle Administrator's Mobile Driver's License (mDL) | |
1184 | + | 2 Implementation Guidelines, Version 1.1. | |
1185 | + | 3 (4) The Secretary shall design the mobile driver's license | |
1186 | + | 4 in a manner that allows the credential holder to maintain | |
1187 | + | 5 physical possession of the device on which the electronic | |
1188 | + | 6 credential is accessed during verification. | |
1189 | + | 7 (g) As used in this Section: | |
1190 | + | 8 "Mobile driver's license" means an electronic extension of | |
1191 | + | 9 the Secretary of State issued physical driver's license that | |
1192 | + | 10 conveys identity and driving privilege information and is in | |
1193 | + | 11 compliance with the American Association of Motor Vehicle | |
1194 | + | 12 Administrator's Mobile Driver's License Implementation | |
1195 | + | 13 Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's | |
1196 | + | 14 license" does not include a digital copy, photograph, or image | |
1197 | + | 15 of a driver's license that is not downloaded through the | |
1198 | + | 16 Secretary of State's application on a mobile device. | |
1199 | + | 17 (h) A person may be required to produce when so requested a | |
1200 | + | 18 physical driver's license to a law enforcement officer, a | |
1201 | + | 19 representative of a State or federal department or agency, or | |
1202 | + | 20 a private entity and is subject to all applicable laws and | |
1203 | + | 21 consequences for failure to produce such a license. | |
1204 | + | 22 (i) The Secretary of State shall adopt such rules as are | |
1205 | + | 23 necessary to implement a mobile driver's license. | |
1206 | + | 24 (j) The display of a mobile driver's license shall not | |
1207 | + | 25 serve as consent or authorization for a law enforcement | |
1208 | + | 26 officer, or any other person, to search, view, or access any | |
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1219 | + | 1 other data or application on the mobile device. If a person | |
1220 | + | 2 presents his or her mobile device to a law enforcement officer | |
1221 | + | 3 for purposes of displaying a mobile driver's license, the law | |
1222 | + | 4 enforcement officer shall promptly return the mobile device to | |
1223 | + | 5 the person once the officer has had an opportunity to verify | |
1224 | + | 6 the identity and license status of the person. Except for | |
1225 | + | 7 willful and wanton misconduct, any law enforcement officer, | |
1226 | + | 8 court, or officer of the court presented with the device shall | |
1227 | + | 9 be immune from any liability resulting from damage to the | |
1228 | + | 10 mobile device. | |
1229 | + | 11 (k) The fee to install the application to display a mobile | |
1230 | + | 12 driver's license as defined in this subsection shall not | |
1231 | + | 13 exceed $6. | |
1232 | + | 14 (Source: P.A. 102-982, eff. 7-1-23.) | |
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