Public Act 103-0888
SB0856 EnrolledLRB103 03315 RPS 48321 b SB0856 Enrolled LRB103 03315 RPS 48321 b
SB0856 Enrolled LRB103 03315 RPS 48321 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 5 as follows:
(15 ILCS 335/5) (from Ch. 124, par. 25)
(Text of Section before amendment by P.A. 103-210)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, birth
date, sex and a brief description of the applicant. The
applicant shall be photographed, unless the Secretary of State
has provided by rule for the issuance of identification cards
without photographs and the applicant is deemed eligible for
an identification card without a photograph under the terms
and conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
SB0856 Enrolled LRB103 03315 RPS 48321 b
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is an
employee of the Department of Children and Family Services
with a job title of "Child Protection Specialist Trainee",
"Child Protection Specialist", "Child Protection Advanced
Specialist", "Child Welfare Specialist Trainee", "Child
Welfare Specialist", or "Child Welfare Advanced Specialist" or
a judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-210)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, if the
person has a social security number, birth date, sex and a
brief description of the applicant. The applicant shall be
photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is an
employee of the Department of Children and Family Services
with a job title of "Child Protection Specialist Trainee",
"Child Protection Specialist", "Child Protection Advanced
Specialist", "Child Welfare Specialist Trainee", "Child
Welfare Specialist" or "Child Welfare Advanced Specialist or a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(d) The Secretary of State may accept, as proof of date of
birth and written signature for any applicant for a standard
identification card who does not have a social security number
or documentation issued by the United States Department of
Homeland Security authorizing the applicant's presence in this
country, any passport validly issued to the applicant from the
applicant's country of citizenship or a consular
identification document validly issued to the applicant by a
consulate of that country as defined in Section 5 of the
Consular Identification Document Act. Any such documents must
be either unexpired or presented by an applicant within 2
years of its expiration date.
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-110 as follows:
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian
or other person in custody or control of the minor;
(2) on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any
detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe
Rides program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or
instruction permit has a current identification card issued by
the Secretary of State, the Secretary may require the
applicant to utilize the same residence address and name on
the identification card, driver's license, and instruction
permit records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is an
employee of the Department of Children and Family Services
with a job title of "Child Protection Specialist Trainee",
"Child Protection Specialist", "Child Protection Advanced
Specialist", "Child Welfare Specialist Trainee", "Child
Welfare Specialist", or "Child Welfare Advanced Specialist" or
a judicial officer or a peace officer, the applicant may elect
to have his or her office or work address listed on the license
instead of the applicant's residence or mailing address. The
Secretary of State shall adopt rules to implement this
subsection (a-5). For the purposes of this subsection (a-5),
"peace officer" means any person who by virtue of his or her
office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b) Until the Secretary of State establishes a First
Person Consent organ and tissue donor registry under Section
6-117 of this Code, the Secretary of State shall provide a
format on the reverse of each driver's license issued which
the licensee may use to execute a document of gift conforming
to the provisions of the Illinois Anatomical Gift Act. The
format shall allow the licensee to indicate the gift intended,
whether specific organs, any organ, or the entire body, and
shall accommodate the signatures of the donor and 2 witnesses.
The Secretary shall also inform each applicant or licensee of
this format, describe the procedure for its execution, and may
offer the necessary witnesses; provided that in so doing, the
Secretary shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift. A
brochure explaining this method of executing an anatomical
gift document shall be given to each applicant or licensee.
The brochure shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift, and
that he or she may wish to consult with family, friends or
clergy before doing so. The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
(c) The Secretary of State shall designate on each
driver's license issued a space where the licensee may place a
sticker or decal of the uniform size as the Secretary may
specify, which sticker or decal may indicate in appropriate
language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each
driver's license issued a space where the licensee may
indicate his blood type and RH factor.
(e) The Secretary of State shall provide that each
original or renewal driver's license issued to a licensee
under 21 years of age shall be of a distinct nature from those
driver's licenses issued to individuals 21 years of age and
older. The color designated for driver's licenses for
licensees under 21 years of age shall be at the discretion of
the Secretary of State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue drivers' licenses with the word "veteran" appearing on
the face of the licenses. This authorization is predicated on
the unique status of veterans. The Secretary may not issue any
other driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
driver's license where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (e) of Section 6-106 of this Code who was
discharged or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests
shall be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that
he or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion,
may designate on each driver's license issued a space where
the licensee may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
owner of the license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding
for his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
1-1-14; 98-463, eff. 8-16-13.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.