Illinois 2023-2024 Regular Session

Illinois House Bill HB4592 Compare Versions

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1-Public Act 103-0824
21 HB4592 EnrolledLRB103 37116 MXP 67235 b HB4592 Enrolled LRB103 37116 MXP 67235 b
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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
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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
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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
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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
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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
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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.
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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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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
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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
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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
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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.
423206
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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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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
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479241
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.
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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
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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
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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.
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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
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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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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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