Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2397 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2397 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 30750 MXP 57230 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2397 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 30750 MXP 57230 b LRB103 30750 MXP 57230 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2397 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Consular Identification Document Act is
15	15	5 amended by changing Section 10 as follows:
16	16	6 (5 ILCS 230/10)
17	17	7 Sec. 10. Acceptance of consular identification document.
18	18	8 (a) When requiring members of the public to provide
19	19	9 identification, each State agency and officer and unit of
20	20	10 local government shall accept a consular identification
21	21	11 document as valid identification of a person.
22	22	12 (b) A consular identification document shall be accepted
23	23	13 for purposes of identification only and does not convey an
24	24	14 independent right to receive benefits of any type.
25	25	15 (c) A consular identification document may not be accepted
26	26	16 as identification for obtaining a REAL ID compliant driver's
27	27	17 license, as defined by Section 6-100 of the Vehicle Code,
28	28	18 other than a temporary visitor's driver's license, or
29	29	19 registering to vote.
30	30	20 (d) A consular identification document does not establish
31	31	21 or indicate lawful U.S. immigration status and may not be
32	32	22 viewed as valid for that purpose, nor does a consular
33	33	23 identification document establish a foreign national's right
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2397 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.
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43	43	A BILL FOR
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49	49	See Index
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68	68	1 to be in the United States or remain in the United States.
69	69	2 (e) The requirements of subsection (a) do not apply if:
70	70	3 (1) a federal law, regulation, or directive or a
71	71	4 federal court decision requires a State agency or officer
72	72	5 or a unit of local government to obtain different
73	73	6 identification;
74	74	7 (2) a federal law, regulation, or directive preempts
75	75	8 state regulation of identification requirements; or
76	76	9 (3) a State agency or officer or a unit of local
77	77	10 government would be unable to comply with a condition
78	78	11 imposed by a funding source which would cause the State
79	79	12 agency or officer or unit of local government to lose
80	80	13 funds from that source.
81	81	14 (f) Nothing in subsection (a) shall be construed to
82	82	15 prohibit a State agency or officer or a unit of local
83	83	16 government from:
84	84	17 (1) requiring additional information from persons in
85	85	18 order to verify a current address or other facts that
86	86	19 would enable the State agency or officer or unit of local
87	87	20 government to fulfill its responsibilities, except that
88	88	21 this paragraph (1) does not permit a State agency or
89	89	22 officer or a unit of local government to require
90	90	23 additional information solely in order to establish
91	91	24 identification of the person when the consular
92	92	25 identification document is the form of identification
93	93	26 presented;
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104	104	1 (2) requiring fingerprints for identification purposes
105	105	2 under circumstances where the State agency or officer or
106	106	3 unit of local government also requires fingerprints from
107	107	4 persons who have a driver's license or Illinois
108	108	5 Identification Card; or
109	109	6 (3) requiring additional evidence of identification if
110	110	7 the State agency or officer or unit of local government
111	111	8 reasonably believes that: (A) the consular identification
112	112	9 document is forged, fraudulent, or altered; or (B) the
113	113	10 holder does not appear to be the same person on the
114	114	11 consular identification document.
115	115	12 (Source: P.A. 97-1157, eff. 11-28-13.)
116	116	13 Section 10. The Election Code is amended by changing
117	117	14 Section 1A-16.1 as follows:
118	118	15 (10 ILCS 5/1A-16.1)
119	119	16 Sec. 1A-16.1. Automatic voter registration; Secretary of
120	120	17 State.
121	121	18 (a) The Office of the Secretary of State and the State
122	122	19 Board of Elections, pursuant to an interagency contract and
123	123	20 jointly-adopted rules, shall establish an automatic voter
124	124	21 registration program that satisfies the requirements of this
125	125	22 Section and other applicable law.
126	126	23 (b) If an application, an application for renewal, a
127	127	24 change of address form, or a recertification form for a
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138	138	1 driver's license, other than a temporary visitor's driver's
139	139	2 license, or a State identification card issued by the Office
140	140	3 of the Secretary of State meets the requirements of the
141	141	4 federal REAL ID Act of 2005, then that application shall serve
142	142	5 as a dual-purpose application. The dual-purpose application
143	143	6 shall:
144	144	7 (1) also serve as an application to register to vote
145	145	8 in Illinois;
146	146	9 (2) allow an applicant to change his or her registered
147	147	10 residence address or name as it appears on the voter
148	148	11 registration rolls;
149	149	12 (3) provide the applicant with an opportunity to
150	150	13 affirmatively decline to register to vote or to change his
151	151	14 or her registered residence address or name by providing a
152	152	15 check box on the application form without requiring the
153	153	16 applicant to state the reason; and
154	154	17 (4) unless the applicant declines to register to vote
155	155	18 or change his or her registered residence address or name,
156	156	19 require the applicant to attest, by signature under
157	157	20 penalty of perjury as described in subsection (e) of this
158	158	21 Section, to meeting the qualifications to register to vote
159	159	22 in Illinois at his or her residence address as indicated
160	160	23 on his or her driver's license or identification card
161	161	24 dual-purpose application.
162	162	25 (b-5) If an application, an application for renewal, a
163	163	26 change of address form, or a recertification form for a
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174	174	1 driver's license, other than a temporary visitor's driver's
175	175	2 license, or a State identification card issued by the Office
176	176	3 of the Secretary of State, other than an application or form
177	177	4 that pertains to a standard driver's license or identification
178	178	5 card and does not list a social security number for the
179	179	6 applicant, does not meet the requirements of the federal REAL
180	180	7 ID Act of 2005, then that application shall serve as a
181	181	8 dual-purpose application. The dual-purpose application shall:
182	182	9 (1) also serve as an application to register to vote
183	183	10 in Illinois;
184	184	11 (2) allow an applicant to change his or her registered
185	185	12 residence address or name as it appears on the voter
186	186	13 registration rolls; and
187	187	14 (3) if the applicant chooses to register to vote or to
188	188	15 change his or her registered residence address or name,
189	189	16 then require the applicant to attest, by a separate
190	190	17 signature under penalty of perjury, to meeting the
191	191	18 qualifications to register to vote in Illinois at his or
192	192	19 her residence address as indicated on his or her
193	193	20 dual-purpose application.
194	194	21 (b-10) The Office of the Secretary of State shall clearly
195	195	22 and conspicuously inform each applicant in writing: (i) of the
196	196	23 qualifications to register to vote in Illinois, (ii) of the
197	197	24 penalties provided by law for submission of a false voter
198	198	25 registration application, (iii) that, unless the applicant
199	199	26 declines to register to vote or update his or her voter
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210	210	1 registration, his or her dual-purpose application shall also
211	211	2 serve as both an application to register to vote and his or her
212	212	3 attestation that he or she meets the eligibility requirements
213	213	4 for voter registration, and that his or her application to
214	214	5 register to vote or update his or her registration will be
215	215	6 transmitted to the State Board of Elections for the purpose of
216	216	7 registering the person to vote at the residence address to be
217	217	8 indicated on his or her driver's license or identification
218	218	9 card, and (iv) that declining to register to vote is
219	219	10 confidential and will not affect any services the person may
220	220	11 be seeking from the Office of the Secretary of State.
221	221	12 (c) The Office of the Secretary of State shall review
222	222	13 information provided to the Office of the Secretary of State
223	223	14 by the State Board of Elections to inform each applicant for a
224	224	15 driver's license or permit, other than a temporary visitor's
225	225	16 driver's license, or a State identification card issued by the
226	226	17 Office of the Secretary of State, other than an application or
227	227	18 form that pertains to a standard driver's license or
228	228	19 identification card and does not list a social security number
229	229	20 for the applicant, whether the applicant is currently
230	230	21 registered to vote in Illinois and, if registered, at what
231	231	22 address.
232	232	23 (d) The Office of the Secretary of State shall not require
233	233	24 an applicant for a driver's license or State identification
234	234	25 card to provide duplicate identification or information in
235	235	26 order to complete an application to register to vote or change
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246	246	1 his or her registered residence address or name. Before
247	247	2 transmitting any personal information about an applicant to
248	248	3 the State Board of Elections, the Office of the Secretary of
249	249	4 State shall review its records of the identification documents
250	250	5 the applicant provided in order to complete the application
251	251	6 for a driver's license or State identification card, to
252	252	7 confirm that nothing in those documents indicates that the
253	253	8 applicant does not satisfy the qualifications to register to
254	254	9 vote in Illinois at his or her residence address.
255	255	10 (e) A completed, signed application for (i) a driver's
256	256	11 license or permit, other than a temporary visitor's driver's
257	257	12 license, or a State identification card issued by the Office
258	258	13 of the Secretary of State, that meets the requirements of the
259	259	14 federal REAL ID Act of 2005; or (ii) a completed application
260	260	15 under subsection (b-5) of this Section with a separate
261	261	16 signature attesting the applicant meets the qualifications to
262	262	17 register to vote in Illinois at his or her residence address as
263	263	18 indicated on his or her application shall constitute a signed
264	264	19 application to register to vote in Illinois at the residence
265	265	20 address indicated in the application unless the person
266	266	21 affirmatively declined in the application to register to vote
267	267	22 or to change his or her registered residence address or name.
268	268	23 If the identification documents provided to complete the
269	269	24 dual-purpose application indicate that he or she does not
270	270	25 satisfy the qualifications to register to vote in Illinois at
271	271	26 his or her residence address, the application shall be marked
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282	282	1 as incomplete.
283	283	2 (f) For each completed and signed application that
284	284	3 constitutes an application to register to vote in Illinois or
285	285	4 provides for a change in the applicant's registered residence
286	286	5 address or name, the Office of the Secretary of State shall
287	287	6 electronically transmit to the State Board of Elections
288	288	7 personal information needed to complete the person's
289	289	8 registration to vote in Illinois at his or her residence
290	290	9 address. The application to register to vote shall be
291	291	10 processed in accordance with Section 1A-16.7.
292	292	11 (g) If the federal REAL ID Act of 2005 is repealed,
293	293	12 abrogated, superseded, or otherwise no longer in effect, then
294	294	13 the State Board of Elections shall establish criteria for
295	295	14 determining reliable personal information indicating
296	296	15 citizenship status and shall adopt rules as necessary for the
297	297	16 Secretary of State to continue processing dual-purpose
298	298	17 applications under this Section.
299	299	18 (h) As used in this Section, "dual-purpose application"
300	300	19 means an application, an application for renewal, a change of
301	301	20 address form, or a recertification form for driver's license
302	302	21 or permit, other than a temporary visitor's driver's license,
303	303	22 or a State identification card offered by the Secretary of
304	304	23 State, other than an application or form that pertains to a
305	305	24 standard driver's license or identification card and does not
306	306	25 list a social security number for the applicant, that also
307	307	26 serves as an application to register to vote in Illinois.
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318	318	1 "Dual-purpose application" does not mean an application under
319	319	2 subsection (c) of Section 6-109 of the Illinois Vehicle Code.
320	320	3 (Source: P.A. 100-464, eff. 8-28-17.)
321	321	4 Section 15. The Illinois Identification Card Act is
322	322	5 amended by changing Sections 1A, 2, 4, 4D, 5, 8, and 11 as
323	323	6 follows:
324	324	7 (15 ILCS 335/1A)
325	325	8 Sec. 1A. Definitions. As used in this Act:
326	326	9 "Highly restricted personal information" means an
327	327	10 individual's photograph, signature, social security number,
328	328	11 and medical or disability information.
329	329	12 "Identification card making implement" means any material,
330	330	13 hardware, or software that is specifically designed for or
331	331	14 primarily used in the manufacture, assembly, issuance, or
332	332	15 authentication of an official identification card issued by
333	333	16 the Secretary of State.
334	334	17 "Fraudulent identification card" means any identification
335	335	18 card that purports to be an official identification card for
336	336	19 which a computerized number and file have not been created by
337	337	20 the Secretary of State, the United States Government or any
338	338	21 state or political subdivision thereof, or any governmental or
339	339	22 quasi-governmental organization. For the purpose of this Act,
340	340	23 any identification card that resembles an official
341	341	24 identification card in either size, color, photograph
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352	352	1 location, or design or uses the word "official", "state",
353	353	2 "Illinois", or the name of any other state or political
354	354	3 subdivision thereof, or any governmental or quasi-governmental
355	355	4 organization individually or in any combination thereof to
356	356	5 describe or modify the term "identification card" or "I.D.
357	357	6 card" anywhere on the card, or uses a shape in the likeness of
358	358	7 Illinois or any other state on the photograph side of the card,
359	359	8 is deemed to be a fraudulent identification card unless the
360	360	9 words "This is not an official Identification Card", appear
361	361	10 prominently upon it in black colored lettering in 12-point
362	362	11 type on the photograph side of the card, and no such card shall
363	363	12 be smaller in size than 3 inches by 4 inches, and the
364	364	13 photograph shall be on the left side of the card only.
365	365	14 "Legal name" means the full given name and surname of an
366	366	15 individual as recorded at birth, recorded at marriage, or
367	367	16 deemed as the correct legal name for use in reporting income by
368	368	17 the Social Security Administration or the name as otherwise
369	369	18 established through legal action that appears on the
370	370	19 associated official document presented to the Secretary of
371	371	20 State.
372	372	21 "Personally identifying information" means information
373	373	22 that identifies an individual, including his or her
374	374	23 identification card number, name, address (but not the 5-digit
375	375	24 zip code), date of birth, height, weight, hair color, eye
376	376	25 color, email address, and telephone number.
377	377	26 "Homeless person" or "homeless individual" has the same
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388	388	1 meaning as defined by the federal McKinney-Vento Homeless
389	389	2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
390	390	3 "Youth for whom the Department of Children and Family
391	391	4 Services is legally responsible" or "foster child" means a
392	392	5 child or youth whose guardianship or custody has been accepted
393	393	6 by the Department of Children and Family Services pursuant to
394	394	7 the Juvenile Court Act of 1987, the Children and Family
395	395	8 Services Act, the Abused and Neglected Child Reporting Act,
396	396	9 and the Adoption Act. This applies to children for whom the
397	397	10 Department of Children and Family Services has temporary
398	398	11 protective custody, custody or guardianship via court order,
399	399	12 or children whose parents have signed an adoptive surrender or
400	400	13 voluntary placement agreement with the Department.
401	401	14 "REAL ID compliant identification card" means a standard
402	402	15 Illinois Identification Card or Illinois Person with a
403	403	16 Disability Identification Card issued in compliance with the
404	404	17 REAL ID Act and implementing regulations. REAL ID compliant
405	405	18 identification cards shall bear a security marking approved by
406	406	19 the United States Department of Homeland Security.
407	407	20 "Standard Non-compliant identification card" means a
408	408	21 standard Illinois Identification Card or Illinois Person with
409	409	22 a Disability Identification Card issued in a manner which is
410	410	23 not compliant with the REAL ID Act and implementing
411	411	24 regulations. Standard Non-compliant identification cards shall
412	412	25 be marked "Not for Federal Identification" and shall have a
413	413	26 color or design different from the REAL ID compliant
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424	424	1 identification card.
425	425	2 "Limited Term REAL ID compliant identification card" means
426	426	3 a REAL ID compliant identification card that is issued to
427	427	4 persons who are not permanent residents or citizens of the
428	428	5 United States, or an individual who has an approved
429	429	6 application for asylum in the United States or has entered the
430	430	7 United States in refugee status, and is marked "Limited Term"
431	431	8 on the face of the card.
432	432	9 (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
433	433	10 101-326, eff. 8-9-19.)
434	434	11 (15 ILCS 335/2) (from Ch. 124, par. 22)
435	435	12 Sec. 2. Administration and powers and duties of the
436	436	13 Administrator.
437	437	14 (a) The Secretary of State is the Administrator of this
438	438	15 Act, and he is charged with the duty of observing,
439	439	16 administering and enforcing the provisions of this Act.
440	440	17 (b) The Secretary is vested with the powers and duties for
441	441	18 the proper administration of this Act as follows:
442	442	19 1. He shall organize the administration of this Act as
443	443	20 he may deem necessary and appoint such subordinate
444	444	21 officers, clerks and other employees as may be necessary.
445	445	22 2. From time to time, he may make, amend or rescind
446	446	23 rules and regulations as may be in the public interest to
447	447	24 implement the Act.
448	448	25 3. He may prescribe or provide suitable forms as
449	449
450	450
451	451
452	452
453	453
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455	455
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459	459	1 necessary, including such forms as are necessary to
460	460	2 establish that an applicant for an Illinois Person with a
461	461	3 Disability Identification Card is a "person with a
462	462	4 disability" as defined in Section 4A of this Act, and
463	463	5 establish that an applicant for a State identification
464	464	6 card is a "homeless person" as defined in Section 1A of
465	465	7 this Act.
466	466	8 4. He may prepare under the seal of the Secretary of
467	467	9 State certified copies of any records utilized under this
468	468	10 Act and any such certified copy shall be admissible in any
469	469	11 proceeding in any court in like manner as the original
470	470	12 thereof.
471	471	13 5. Records compiled under this Act shall be maintained
472	472	14 for 6 years, but the Secretary may destroy such records
473	473	15 with the prior approval of the State Records Commission.
474	474	16 6. He shall examine and determine the genuineness,
475	475	17 regularity and legality of every application filed with
476	476	18 him under this Act, and he may in all cases investigate the
477	477	19 same, require additional information or proof or
478	478	20 documentation from any applicant.
479	479	21 7. He shall require the payment of all fees prescribed
480	480	22 in this Act, and all such fees received by him shall be
481	481	23 placed in the Road Fund of the State treasury except as
482	482	24 otherwise provided in Section 12 of this Act. Whenever any
483	483	25 application to the Secretary for an identification card
484	484	26 under this Act is accompanied by any fee, as required by
485	485
486	486
487	487
488	488
489	489
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491	491
492	492
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494	494	SB2397 - 14 - LRB103 30750 MXP 57230 b
495	495	1 law, and the application is denied after a review of
496	496	2 eligibility, which may include facial recognition
497	497	3 comparison, the applicant shall not be entitled to a
498	498	4 refund of any fees paid.
499	499	5 8. Beginning July 1, 2017, he shall refuse to issue a
500	500	6 REAL ID compliant identification card under this Act to
501	501	7 any person who has been issued a REAL ID compliant
502	502	8 driver's license under the Illinois Vehicle Code. Any such
503	503	9 person may, at his or her discretion, surrender the REAL
504	504	10 ID compliant driver's license in order to become eligible
505	505	11 to obtain a REAL ID compliant identification card.
506	506	12 9. The Secretary may issue both REAL ID compliant
507	507	13 identification cards and standard non-compliant
508	508	14 identification cards, and may permit applicants to
509	509	15 designate which type of identification card they wish to
510	510	16 receive. All provisions of this Act applicable to standard
511	511	17 non-compliant identification cards shall also apply to
512	512	18 REAL ID compliant identification cards, except where the
513	513	19 provisions are inconsistent with the REAL ID Act and
514	514	20 implementing regulations. The Secretary shall establish by
515	515	21 rule the date on which issuance of REAL ID compliant
516	516	22 identification cards will begin.
517	517	23 (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
518	518	24 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
519	519	25 8-22-17.)
520	520
521	521
522	522
523	523
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526	526
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530	530	1 (15 ILCS 335/4) (from Ch. 124, par. 24)
531	531	2 Sec. 4. Identification card.
532	532	3 (a) The Secretary of State shall issue a standard Illinois
533	533	4 Identification Card to any natural person who is a resident of
534	534	5 the State of Illinois who applies for such card, or renewal
535	535	6 thereof. No identification card shall be issued to any person
536	536	7 who holds a valid foreign state identification card, license,
537	537	8 or permit unless the person first surrenders to the Secretary
538	538	9 of State the valid foreign state identification card, license,
539	539	10 or permit. The card shall be prepared and supplied by the
540	540	11 Secretary of State and shall include a photograph and
541	541	12 signature or mark of the applicant. However, the Secretary of
542	542	13 State may provide by rule for the issuance of Illinois
543	543	14 Identification Cards without photographs if the applicant has
544	544	15 a bona fide religious objection to being photographed or to
545	545	16 the display of his or her photograph. The Illinois
546	546	17 Identification Card may be used for identification purposes in
547	547	18 any lawful situation only by the person to whom it was issued.
548	548	19 As used in this Act, "photograph" means any color photograph
549	549	20 or digitally produced and captured image of an applicant for
550	550	21 an identification card. As used in this Act, "signature" means
551	551	22 the name of a person as written by that person and captured in
552	552	23 a manner acceptable to the Secretary of State.
553	553	24 (a-5) If an applicant for an identification card has a
554	554	25 current driver's license or instruction permit issued by the
555	555	26 Secretary of State, the Secretary may require the applicant to
556	556
557	557
558	558
559	559
560	560
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562	562
563	563
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565	565	SB2397 - 16 - LRB103 30750 MXP 57230 b
566	566	1 utilize the same residence address and name on the
567	567	2 identification card, driver's license, and instruction permit
568	568	3 records maintained by the Secretary. The Secretary may
569	569	4 promulgate rules to implement this provision.
570	570	5 (a-10) If the applicant is a judicial officer as defined
571	571	6 in Section 1-10 of the Judicial Privacy Act or a peace officer,
572	572	7 the applicant may elect to have his or her office or work
573	573	8 address listed on the card instead of the applicant's
574	574	9 residence or mailing address. The Secretary may promulgate
575	575	10 rules to implement this provision. For the purposes of this
576	576	11 subsection (a-10), "peace officer" means any person who by
577	577	12 virtue of his or her office or public employment is vested by
578	578	13 law with a duty to maintain public order or to make arrests for
579	579	14 a violation of any penal statute of this State, whether that
580	580	15 duty extends to all violations or is limited to specific
581	581	16 violations.
582	582	17 (a-15) The Secretary of State may provide for an expedited
583	583	18 process for the issuance of an Illinois Identification Card.
584	584	19 The Secretary shall charge an additional fee for the expedited
585	585	20 issuance of an Illinois Identification Card, to be set by
586	586	21 rule, not to exceed $75. All fees collected by the Secretary
587	587	22 for expedited Illinois Identification Card service shall be
588	588	23 deposited into the Secretary of State Special Services Fund.
589	589	24 The Secretary may adopt rules regarding the eligibility,
590	590	25 process, and fee for an expedited Illinois Identification
591	591	26 Card. If the Secretary of State determines that the volume of
592	592
593	593
594	594
595	595
596	596
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598	598
599	599
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602	602	1 expedited identification card requests received on a given day
603	603	2 exceeds the ability of the Secretary to process those requests
604	604	3 in an expedited manner, the Secretary may decline to provide
605	605	4 expedited services, and the additional fee for the expedited
606	606	5 service shall be refunded to the applicant.
607	607	6 (a-20) The Secretary of State shall issue a standard
608	608	7 Illinois Identification Card to a committed person upon
609	609	8 release on parole, mandatory supervised release, aftercare
610	610	9 release, final discharge, or pardon from the Department of
611	611	10 Corrections or Department of Juvenile Justice, if the released
612	612	11 person presents a certified copy of his or her birth
613	613	12 certificate, social security card, if the person has one, or
614	614	13 other documents authorized by the Secretary, and 2 documents
615	615	14 proving his or her Illinois residence address. Documents
616	616	15 proving residence address may include any official document of
617	617	16 the Department of Corrections or the Department of Juvenile
618	618	17 Justice showing the released person's address after release
619	619	18 and a Secretary of State prescribed certificate of residency
620	620	19 form, which may be executed by Department of Corrections or
621	621	20 Department of Juvenile Justice personnel.
622	622	21 (a-25) The Secretary of State shall issue a limited-term
623	623	22 Illinois Identification Card valid for 90 days to a committed
624	624	23 person upon release on parole, mandatory supervised release,
625	625	24 aftercare release, final discharge, or pardon from the
626	626	25 Department of Corrections or Department of Juvenile Justice,
627	627	26 if the released person is unable to present a certified copy of
628	628
629	629
630	630
631	631
632	632
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634	634
635	635
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638	638	1 his or her birth certificate and social security card, if the
639	639	2 person has one, or other documents authorized by the
640	640	3 Secretary, but does present a Secretary of State prescribed
641	641	4 verification form completed by the Department of Corrections
642	642	5 or Department of Juvenile Justice, verifying the released
643	643	6 person's date of birth and social security number, if the
644	644	7 person has one, and 2 documents proving his or her Illinois
645	645	8 residence address. The verification form must have been
646	646	9 completed no more than 30 days prior to the date of application
647	647	10 for the Illinois Identification Card. Documents proving
648	648	11 residence address shall include any official document of the
649	649	12 Department of Corrections or the Department of Juvenile
650	650	13 Justice showing the person's address after release and a
651	651	14 Secretary of State prescribed certificate of residency, which
652	652	15 may be executed by Department of Corrections or Department of
653	653	16 Juvenile Justice personnel.
654	654	17 Prior to the expiration of the 90-day period of the
655	655	18 limited-term Illinois Identification Card, if the released
656	656	19 person submits to the Secretary of State a certified copy of
657	657	20 his or her birth certificate and his or her social security
658	658	21 card, if the person has one, or other documents authorized by
659	659	22 the Secretary, a standard Illinois Identification Card shall
660	660	23 be issued. A limited-term Illinois Identification Card may not
661	661	24 be renewed.
662	662	25 (a-30) The Secretary of State shall issue a standard
663	663	26 Illinois Identification Card to a person upon conditional
664	664
665	665
666	666
667	667
668	668
669	669	SB2397 - 18 - LRB103 30750 MXP 57230 b
670	670
671	671
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673	673	SB2397 - 19 - LRB103 30750 MXP 57230 b
674	674	1 release or absolute discharge from the custody of the
675	675	2 Department of Human Services, if the person presents a
676	676	3 certified copy of his or her birth certificate, social
677	677	4 security card, if the person has one, or other documents
678	678	5 authorized by the Secretary, and a document proving his or her
679	679	6 Illinois residence address. The Secretary of State shall issue
680	680	7 a standard Illinois Identification Card to a person prior to
681	681	8 his or her conditional release or absolute discharge if
682	682	9 personnel from the Department of Human Services bring the
683	683	10 person to a Secretary of State location with the required
684	684	11 documents. Documents proving residence address may include any
685	685	12 official document of the Department of Human Services showing
686	686	13 the person's address after release and a Secretary of State
687	687	14 prescribed verification form, which may be executed by
688	688	15 personnel of the Department of Human Services.
689	689	16 (a-35) The Secretary of State shall issue a limited-term
690	690	17 Illinois Identification Card valid for 90 days to a person
691	691	18 upon conditional release or absolute discharge from the
692	692	19 custody of the Department of Human Services, if the person is
693	693	20 unable to present a certified copy of his or her birth
694	694	21 certificate and social security card, if the person has one,
695	695	22 or other documents authorized by the Secretary, but does
696	696	23 present a Secretary of State prescribed verification form
697	697	24 completed by the Department of Human Services, verifying the
698	698	25 person's date of birth and social security number, if the
699	699	26 person has one, and a document proving his or her Illinois
700	700
701	701
702	702
703	703
704	704
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706	706
707	707
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709	709	SB2397 - 20 - LRB103 30750 MXP 57230 b
710	710	1 residence address. The verification form must have been
711	711	2 completed no more than 30 days prior to the date of application
712	712	3 for the Illinois Identification Card. The Secretary of State
713	713	4 shall issue a limited-term Illinois Identification Card to a
714	714	5 person no sooner than 14 days prior to his or her conditional
715	715	6 release or absolute discharge if personnel from the Department
716	716	7 of Human Services bring the person to a Secretary of State
717	717	8 location with the required documents. Documents proving
718	718	9 residence address shall include any official document of the
719	719	10 Department of Human Services showing the person's address
720	720	11 after release and a Secretary of State prescribed verification
721	721	12 form, which may be executed by personnel of the Department of
722	722	13 Human Services.
723	723	14 (b) The Secretary of State shall issue a special Illinois
724	724	15 Identification Card, which shall be known as an Illinois
725	725	16 Person with a Disability Identification Card, to any natural
726	726	17 person who is a resident of the State of Illinois, who is a
727	727	18 person with a disability as defined in Section 4A of this Act,
728	728	19 who applies for such card, or renewal thereof. No Illinois
729	729	20 Person with a Disability Identification Card shall be issued
730	730	21 to any person who holds a valid foreign state identification
731	731	22 card, license, or permit unless the person first surrenders to
732	732	23 the Secretary of State the valid foreign state identification
733	733	24 card, license, or permit. The Secretary of State shall charge
734	734	25 no fee to issue such card. The card shall be prepared and
735	735	26 supplied by the Secretary of State, and shall include a
736	736
737	737
738	738
739	739
740	740
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742	742
743	743
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745	745	SB2397 - 21 - LRB103 30750 MXP 57230 b
746	746	1 photograph and signature or mark of the applicant, a
747	747	2 designation indicating that the card is an Illinois Person
748	748	3 with a Disability Identification Card, and shall include a
749	749	4 comprehensible designation of the type and classification of
750	750	5 the applicant's disability as set out in Section 4A of this
751	751	6 Act. However, the Secretary of State may provide by rule for
752	752	7 the issuance of Illinois Person with a Disability
753	753	8 Identification Cards without photographs if the applicant has
754	754	9 a bona fide religious objection to being photographed or to
755	755	10 the display of his or her photograph. If the applicant so
756	756	11 requests, the card shall include a description of the
757	757	12 applicant's disability and any information about the
758	758	13 applicant's disability or medical history which the Secretary
759	759	14 determines would be helpful to the applicant in securing
760	760	15 emergency medical care. If a mark is used in lieu of a
761	761	16 signature, such mark shall be affixed to the card in the
762	762	17 presence of two witnesses who attest to the authenticity of
763	763	18 the mark. The Illinois Person with a Disability Identification
764	764	19 Card may be used for identification purposes in any lawful
765	765	20 situation by the person to whom it was issued.
766	766	21 The Illinois Person with a Disability Identification Card
767	767	22 may be used as adequate documentation of disability in lieu of
768	768	23 a physician's determination of disability, a determination of
769	769	24 disability from a physician assistant, a determination of
770	770	25 disability from an advanced practice registered nurse, or any
771	771	26 other documentation of disability whenever any State law
772	772
773	773
774	774
775	775
776	776
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778	778
779	779
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782	782	1 requires that a person with a disability provide such
783	783	2 documentation of disability, however an Illinois Person with a
784	784	3 Disability Identification Card shall not qualify the
785	785	4 cardholder to participate in any program or to receive any
786	786	5 benefit which is not available to all persons with like
787	787	6 disabilities. Notwithstanding any other provisions of law, an
788	788	7 Illinois Person with a Disability Identification Card, or
789	789	8 evidence that the Secretary of State has issued an Illinois
790	790	9 Person with a Disability Identification Card, shall not be
791	791	10 used by any person other than the person named on such card to
792	792	11 prove that the person named on such card is a person with a
793	793	12 disability or for any other purpose unless the card is used for
794	794	13 the benefit of the person named on such card, and the person
795	795	14 named on such card consents to such use at the time the card is
796	796	15 so used.
797	797	16 An optometrist's determination of a visual disability
798	798	17 under Section 4A of this Act is acceptable as documentation
799	799	18 for the purpose of issuing an Illinois Person with a
800	800	19 Disability Identification Card.
801	801	20 When medical information is contained on an Illinois
802	802	21 Person with a Disability Identification Card, the Office of
803	803	22 the Secretary of State shall not be liable for any actions
804	804	23 taken based upon that medical information.
805	805	24 (c) The Secretary of State shall provide that each
806	806	25 original or renewal Illinois Identification Card or Illinois
807	807	26 Person with a Disability Identification Card issued to a
808	808
809	809
810	810
811	811
812	812
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814	814
815	815
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817	817	SB2397 - 23 - LRB103 30750 MXP 57230 b
818	818	1 person under the age of 21 shall be of a distinct nature from
819	819	2 those Illinois Identification Cards or Illinois Person with a
820	820	3 Disability Identification Cards issued to individuals 21 years
821	821	4 of age or older. The color designated for Illinois
822	822	5 Identification Cards or Illinois Person with a Disability
823	823	6 Identification Cards for persons under the age of 21 shall be
824	824	7 at the discretion of the Secretary of State.
825	825	8 (c-1) Each original or renewal Illinois Identification
826	826	9 Card or Illinois Person with a Disability Identification Card
827	827	10 issued to a person under the age of 21 shall display the date
828	828	11 upon which the person becomes 18 years of age and the date upon
829	829	12 which the person becomes 21 years of age.
830	830	13 (c-3) The General Assembly recognizes the need to identify
831	831	14 military veterans living in this State for the purpose of
832	832	15 ensuring that they receive all of the services and benefits to
833	833	16 which they are legally entitled, including healthcare,
834	834	17 education assistance, and job placement. To assist the State
835	835	18 in identifying these veterans and delivering these vital
836	836	19 services and benefits, the Secretary of State is authorized to
837	837	20 issue Illinois Identification Cards and Illinois Person with a
838	838	21 Disability Identification Cards with the word "veteran"
839	839	22 appearing on the face of the cards. This authorization is
840	840	23 predicated on the unique status of veterans. The Secretary may
841	841	24 not issue any other identification card which identifies an
842	842	25 occupation, status, affiliation, hobby, or other unique
843	843	26 characteristics of the identification card holder which is
844	844
845	845
846	846
847	847
848	848
849	849	SB2397 - 23 - LRB103 30750 MXP 57230 b
850	850
851	851
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853	853	SB2397 - 24 - LRB103 30750 MXP 57230 b
854	854	1 unrelated to the purpose of the identification card.
855	855	2 (c-5) Beginning on or before July 1, 2015, the Secretary
856	856	3 of State shall designate a space on each original or renewal
857	857	4 identification card where, at the request of the applicant,
858	858	5 the word "veteran" shall be placed. The veteran designation
859	859	6 shall be available to a person identified as a veteran under
860	860	7 subsection (b) of Section 5 of this Act who was discharged or
861	861	8 separated under honorable conditions.
862	862	9 (d) The Secretary of State may issue a Senior Citizen
863	863	10 discount card, to any natural person who is a resident of the
864	864	11 State of Illinois who is 60 years of age or older and who
865	865	12 applies for such a card or renewal thereof. The Secretary of
866	866	13 State shall charge no fee to issue such card. The card shall be
867	867	14 issued in every county and applications shall be made
868	868	15 available at, but not limited to, nutrition sites, senior
869	869	16 citizen centers and Area Agencies on Aging. The applicant,
870	870	17 upon receipt of such card and prior to its use for any purpose,
871	871	18 shall have affixed thereon in the space provided therefor his
872	872	19 signature or mark.
873	873	20 (e) The Secretary of State, in his or her discretion, may
874	874	21 designate on each Illinois Identification Card or Illinois
875	875	22 Person with a Disability Identification Card a space where the
876	876	23 card holder may place a sticker or decal, issued by the
877	877	24 Secretary of State, of uniform size as the Secretary may
878	878	25 specify, that shall indicate in appropriate language that the
879	879	26 card holder has renewed his or her Illinois Identification
880	880
881	881
882	882
883	883
884	884
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886	886
887	887
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889	889	SB2397 - 25 - LRB103 30750 MXP 57230 b
890	890	1 Card or Illinois Person with a Disability Identification Card.
891	891	2 (Source: P.A. 102-299, eff. 8-6-21.)
892	892	3 (15 ILCS 335/4D)
893	893	4 Sec. 4D. Issuance of confidential identification cards.
894	894	5 (a) Requirements for use of confidential identification
895	895	6 cards. Confidential identification cards may be issued to
896	896	7 local, state, and federal government agencies for bona fide
897	897	8 law enforcement purposes. The identification cards may be
898	898	9 issued in fictitious names and addresses, and may be used only
899	899	10 in confidential, investigative, or undercover law enforcement
900	900	11 operations. Confidential identification cards may be issued as
901	901	12 REAL ID compliant or standard non-compliant identification
902	902	13 cards.
903	903	14 (b) Application procedures for confidential identification
904	904	15 cards:
905	905	16 (1) Applications by local, state, and federal
906	906	17 government agencies for confidential identification cards
907	907	18 must be made to the Secretary of State Police Department
908	908	19 on a form and in a manner prescribed by the Secretary of
909	909	20 State Police Department.
910	910	21 (2) The application form must include information, as
911	911	22 specific as possible without compromising investigations
912	912	23 or techniques, setting forth the need for the
913	913	24 identification cards and the uses to which the
914	914	25 identification cards will be limited.
915	915
916	916
917	917
918	918
919	919
920	920	SB2397 - 25 - LRB103 30750 MXP 57230 b
921	921
922	922
923	923	SB2397- 26 -LRB103 30750 MXP 57230 b SB2397 - 26 - LRB103 30750 MXP 57230 b
924	924	SB2397 - 26 - LRB103 30750 MXP 57230 b
925	925	1 (3) The application form must be signed and verified
926	926	2 by the local, state, or federal government agency head or
927	927	3 designee.
928	928	4 (4) Information maintained by the Secretary of State
929	929	5 Police Department for confidential identification cards
930	930	6 must show the fictitious names and addresses on all
931	931	7 records subject to public disclosure. All other
932	932	8 information concerning these confidential identification
933	933	9 cards are exempt from disclosure unless the disclosure is
934	934	10 ordered by a court of competent jurisdiction.
935	935	11 (c) Cancellation procedures for confidential
936	936	12 identification cards:
937	937	13 (1) The Secretary of State Police Department may
938	938	14 cancel or refuse to renew confidential identification
939	939	15 cards when they have reasonable cause to believe the cards
940	940	16 are being used for purposes other than those set forth in
941	941	17 the application form or authorized by this Section.
942	942	18 (2) A government agency must request cancellation of
943	943	19 confidential identification cards that are no longer
944	944	20 required for the purposes for which they were issued.
945	945	21 (3) Upon the request of the Secretary of State Police
946	946	22 Department, all cancelled confidential identification
947	947	23 cards must be promptly returned to the Secretary of State
948	948	24 Police Department by the government agency to which they
949	949	25 were issued.
950	950	26 (Source: P.A. 100-248, eff. 8-22-17.)
951	951
952	952
953	953
954	954
955	955
956	956	SB2397 - 26 - LRB103 30750 MXP 57230 b
957	957
958	958
959	959	SB2397- 27 -LRB103 30750 MXP 57230 b SB2397 - 27 - LRB103 30750 MXP 57230 b
960	960	SB2397 - 27 - LRB103 30750 MXP 57230 b
961	961	1 (15 ILCS 335/5) (from Ch. 124, par. 25)
962	962	2 Sec. 5. Applications.
963	963	3 (a) Any natural person who is a resident of the State of
964	964	4 Illinois may file an application for an identification card,
965	965	5 or for the renewal thereof, in a manner prescribed by the
966	966	6 Secretary. Each original application shall be completed by the
967	967	7 applicant in full and shall set forth the legal name,
968	968	8 residence address and zip code, social security number, if the
969	969	9 person has one, birth date, sex and a brief description of the
970	970	10 applicant. The applicant shall be photographed, unless the
971	971	11 Secretary of State has provided by rule for the issuance of
972	972	12 identification cards without photographs and the applicant is
973	973	13 deemed eligible for an identification card without a
974	974	14 photograph under the terms and conditions imposed by the
975	975	15 Secretary of State, and he or she shall also submit any other
976	976	16 information as the Secretary may deem necessary or such
977	977	17 documentation as the Secretary may require to determine the
978	978	18 identity of the applicant. In addition to the residence
979	979	19 address, the Secretary may allow the applicant to provide a
980	980	20 mailing address. If the applicant is a judicial officer as
981	981	21 defined in Section 1-10 of the Judicial Privacy Act or a peace
982	982	22 officer, the applicant may elect to have his or her office or
983	983	23 work address in lieu of the applicant's residence or mailing
984	984	24 address. An applicant for an Illinois Person with a Disability
985	985	25 Identification Card must also submit with each original or
986	986
987	987
988	988
989	989
990	990
991	991	SB2397 - 27 - LRB103 30750 MXP 57230 b
992	992
993	993
994	994	SB2397- 28 -LRB103 30750 MXP 57230 b SB2397 - 28 - LRB103 30750 MXP 57230 b
995	995	SB2397 - 28 - LRB103 30750 MXP 57230 b
996	996	1 renewal application, on forms prescribed by the Secretary,
997	997	2 such documentation as the Secretary may require, establishing
998	998	3 that the applicant is a "person with a disability" as defined
999	999	4 in Section 4A of this Act, and setting forth the applicant's
1000	1000	5 type and class of disability as set forth in Section 4A of this
1001	1001	6 Act. For the purposes of this subsection (a), "peace officer"
1002	1002	7 means any person who by virtue of his or her office or public
1003	1003	8 employment is vested by law with a duty to maintain public
1004	1004	9 order or to make arrests for a violation of any penal statute
1005	1005	10 of this State, whether that duty extends to all violations or
1006	1006	11 is limited to specific violations.
1007	1007	12 (a-5) Upon the first issuance of a request for proposals
1008	1008	13 for a digital driver's license and identification card
1009	1009	14 issuance and facial recognition system issued after January 1,
1010	1010	15 2020 (the effective date of Public Act 101-513), and upon
1011	1011	16 implementation of a new or revised system procured pursuant to
1012	1012	17 that request for proposals, the Secretary shall permit
1013	1013	18 applicants to choose between "male", "female", or "non-binary"
1014	1014	19 when designating the applicant's sex on the identification
1015	1015	20 card application form. The sex designated by the applicant
1016	1016	21 shall be displayed on the identification card issued to the
1017	1017	22 applicant.
1018	1018	23 (b) Beginning on or before July 1, 2015, for each original
1019	1019	24 or renewal identification card application under this Act, the
1020	1020	25 Secretary shall inquire as to whether the applicant is a
1021	1021	26 veteran for purposes of issuing an identification card with a
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027	SB2397 - 28 - LRB103 30750 MXP 57230 b
1028	1028
1029	1029
1030	1030	SB2397- 29 -LRB103 30750 MXP 57230 b SB2397 - 29 - LRB103 30750 MXP 57230 b
1031	1031	SB2397 - 29 - LRB103 30750 MXP 57230 b
1032	1032	1 veteran designation under subsection (c-5) of Section 4 of
1033	1033	2 this Act. The acceptable forms of proof shall include, but are
1034	1034	3 not limited to, Department of Defense form DD-214, Department
1035	1035	4 of Defense form DD-256 for applicants who did not receive a
1036	1036	5 form DD-214 upon the completion of initial basic training,
1037	1037	6 Department of Defense form DD-2 (Retired), an identification
1038	1038	7 card issued under the federal Veterans Identification Card Act
1039	1039	8 of 2015, or a United States Department of Veterans Affairs
1040	1040	9 summary of benefits letter. If the document cannot be stamped,
1041	1041	10 the Illinois Department of Veterans' Affairs shall provide a
1042	1042	11 certificate to the veteran to provide to the Secretary of
1043	1043	12 State. The Illinois Department of Veterans' Affairs shall
1044	1044	13 advise the Secretary as to what other forms of proof of a
1045	1045	14 person's status as a veteran are acceptable.
1046	1046	15 For each applicant who is issued an identification card
1047	1047	16 with a veteran designation, the Secretary shall provide the
1048	1048	17 Department of Veterans' Affairs with the applicant's name,
1049	1049	18 address, date of birth, gender, and such other demographic
1050	1050	19 information as agreed to by the Secretary and the Department.
1051	1051	20 The Department may take steps necessary to confirm the
1052	1052	21 applicant is a veteran. If after due diligence, including
1053	1053	22 writing to the applicant at the address provided by the
1054	1054	23 Secretary, the Department is unable to verify the applicant's
1055	1055	24 veteran status, the Department shall inform the Secretary, who
1056	1056	25 shall notify the applicant that he or she must confirm status
1057	1057	26 as a veteran, or the identification card will be cancelled.
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	SB2397 - 29 - LRB103 30750 MXP 57230 b
1064	1064
1065	1065
1066	1066	SB2397- 30 -LRB103 30750 MXP 57230 b SB2397 - 30 - LRB103 30750 MXP 57230 b
1067	1067	SB2397 - 30 - LRB103 30750 MXP 57230 b
1068	1068	1 For purposes of this subsection (b):
1069	1069	2 "Armed forces" means any of the Armed Forces of the United
1070	1070	3 States, including a member of any reserve component or
1071	1071	4 National Guard unit.
1072	1072	5 "Veteran" means a person who has served in the armed
1073	1073	6 forces and was discharged or separated under honorable
1074	1074	7 conditions.
1075	1075	8 (c) All applicants for REAL ID compliant standard Illinois
1076	1076	9 Identification Cards and Illinois Person with a Disability
1077	1077	10 Identification Cards shall provide proof of lawful status in
1078	1078	11 the United States as defined in 6 CFR 37.3, as amended.
1079	1079	12 Applicants who are unable to provide the Secretary with proof
1080	1080	13 of lawful status are ineligible for REAL ID compliant
1081	1081	14 identification cards under this Act.
1082	1082	15 (d) The Secretary of State may accept, as proof of date of
1083	1083	16 birth and written signature for any applicant for a standard
1084	1084	17 identification card, any passport validly issued to the
1085	1085	18 applicant from the applicant's country of citizenship or a
1086	1086	19 consular identification document validly issued to the
1087	1087	20 applicant by a consulate of that country as defined in Section
1088	1088	21 5 of the Consular Identification Document Act.
1089	1089	22 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1090	1090	23 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1091	1091	24 (15 ILCS 335/8) (from Ch. 124, par. 28)
1092	1092	25 Sec. 8. Expiration.
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098	SB2397 - 30 - LRB103 30750 MXP 57230 b
1099	1099
1100	1100
1101	1101	SB2397- 31 -LRB103 30750 MXP 57230 b SB2397 - 31 - LRB103 30750 MXP 57230 b
1102	1102	SB2397 - 31 - LRB103 30750 MXP 57230 b
1103	1103	1 (a) Except as otherwise provided in this Section:
1104	1104	2 (1) Every identification card issued hereunder, except
1105	1105	3 to persons who have reached their 15th birthday, but are
1106	1106	4 not yet 21 years of age, persons who are 65 years of age or
1107	1107	5 older, and persons who are issued an Illinois Person with
1108	1108	6 a Disability Identification Card, shall expire 5 years
1109	1109	7 from the ensuing birthday of the applicant and a renewal
1110	1110	8 shall expire 5 years thereafter.
1111	1111	9 (2) Every original or renewal identification card
1112	1112	10 issued to a person who has reached his or her 15th
1113	1113	11 birthday, but is not yet 21 years of age shall expire 3
1114	1114	12 months after the person's 21st birthday.
1115	1115	13 (b) Except as provided elsewhere in this Section, every
1116	1116	14 original, renewal, or duplicate: (i) non-REAL ID
1117	1117	15 identification card issued to a person who has reached his or
1118	1118	16 her 65th birthday shall be permanent and need not be renewed;
1119	1119	17 (ii) REAL ID compliant identification card issued on or after
1120	1120	18 July 1, 2017, to a person who has reached his or her 65th
1121	1121	19 birthday shall expire 8 years thereafter; (iii) non-REAL ID
1122	1122	20 Illinois Person with a Disability Identification Card issued
1123	1123	21 to a qualifying person shall expire 10 years thereafter; and
1124	1124	22 (iv) REAL ID compliant Illinois Person with a Disability
1125	1125	23 Identification Card issued on or after July 1, 2017, shall
1126	1126	24 expire 8 years thereafter. The Secretary of State shall
1127	1127	25 promulgate rules setting forth the conditions and criteria for
1128	1128	26 the renewal of all Illinois Person with a Disability
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134	SB2397 - 31 - LRB103 30750 MXP 57230 b
1135	1135
1136	1136
1137	1137	SB2397- 32 -LRB103 30750 MXP 57230 b SB2397 - 32 - LRB103 30750 MXP 57230 b
1138	1138	SB2397 - 32 - LRB103 30750 MXP 57230 b
1139	1139	1 Identification Cards.
1140	1140	2 (c) Every REAL ID compliant identification card or REAL ID
1141	1141	3 compliant Illinois Person with a Disability Identification
1142	1142	4 Card issued under this Act to an applicant who is not a United
1143	1143	5 States citizen or permanent resident, or an individual who has
1144	1144	6 an approved application for asylum in the United States or has
1145	1145	7 entered the United States in refugee status, shall be marked
1146	1146	8 "Limited Term" and shall expire on whichever is the earlier
1147	1147	9 date of the following:
1148	1148	10 (1) as provided under subsection (a) or (b) of this
1149	1149	11 Section;
1150	1150	12 (2) on the date the applicant's authorized stay in the
1151	1151	13 United States terminates; or
1152	1152	14 (3) if the applicant's authorized stay is indefinite
1153	1153	15 and the applicant is applying for a Limited Term REAL ID
1154	1154	16 compliant identification card, one year from the date of
1155	1155	17 issuance of the card.
1156	1156	18 (d) (Blank). Every REAL ID compliant identification card
1157	1157	19 or REAL ID compliant Person with a Disability Identification
1158	1158	20 Card issued under this Act to an applicant who is not a United
1159	1159	21 States citizen or permanent resident, or an individual who has
1160	1160	22 an approved application for asylum in the United States or has
1161	1161	23 entered the United States in refugee status, shall be marked
1162	1162	24 "Limited Term".
1163	1163	25 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169	SB2397 - 32 - LRB103 30750 MXP 57230 b
1170	1170
1171	1171
1172	1172	SB2397- 33 -LRB103 30750 MXP 57230 b SB2397 - 33 - LRB103 30750 MXP 57230 b
1173	1173	SB2397 - 33 - LRB103 30750 MXP 57230 b
1174	1174	1 (15 ILCS 335/11) (from Ch. 124, par. 31)
1175	1175	2 Sec. 11. Records.
1176	1176	3 (a) The Secretary may make a search of his records and
1177	1177	4 furnish information as to whether a person has a current
1178	1178	5 Standard Illinois Identification Card or an Illinois Person
1179	1179	6 with a Disability Identification Card then on file, upon
1180	1180	7 receipt of a written application therefor accompanied with the
1181	1181	8 prescribed fee. However, the Secretary may not disclose
1182	1182	9 medical information concerning an individual to any person,
1183	1183	10 public agency, private agency, corporation or governmental
1184	1184	11 body unless the individual has submitted a written request for
1185	1185	12 the information or unless the individual has given prior
1186	1186	13 written consent for the release of the information to a
1187	1187	14 specific person or entity. This exception shall not apply to:
1188	1188	15 (1) offices and employees of the Secretary who have a need to
1189	1189	16 know the medical information in performance of their official
1190	1190	17 duties, or (2) orders of a court of competent jurisdiction.
1191	1191	18 When medical information is disclosed by the Secretary in
1192	1192	19 accordance with the provisions of this Section, no liability
1193	1193	20 shall rest with the Office of the Secretary of State as the
1194	1194	21 information is released for informational purposes only.
1195	1195	22 (b) Except as otherwise provided in this Section, the
1196	1196	23 Secretary may release personally identifying information only
1197	1197	24 to:
1198	1198	25 (1) officers and employees of the Secretary who have a
1199	1199	26 need to know that information for issuance of driver's
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205	SB2397 - 33 - LRB103 30750 MXP 57230 b
1206	1206
1207	1207
1208	1208	SB2397- 34 -LRB103 30750 MXP 57230 b SB2397 - 34 - LRB103 30750 MXP 57230 b
1209	1209	SB2397 - 34 - LRB103 30750 MXP 57230 b
1210	1210	1 licenses, permits, or identification cards and
1211	1211	2 investigation of fraud or misconduct;
1212	1212	3 (2) other governmental agencies for use in their
1213	1213	4 official governmental functions;
1214	1214	5 (3) law enforcement agencies for a criminal or civil
1215	1215	6 investigation, except as restricted by subsections (g) and
1216	1216	7 (h);
1217	1217	8 (3-5) the State Board of Elections as may be required
1218	1218	9 by an agreement the State Board of Elections has entered
1219	1219	10 into with a multi-state voter registration list
1220	1220	11 maintenance system; or
1221	1221	12 (4) any entity that the Secretary has authorized, by
1222	1222	13 rule.
1223	1223	14 (c) Except as otherwise provided in this Section, the
1224	1224	15 Secretary may release highly restricted personal information
1225	1225	16 only to:
1226	1226	17 (1) officers and employees of the Secretary who have a
1227	1227	18 need to access the information for the issuance of
1228	1228	19 driver's licenses, permits, or identification cards and
1229	1229	20 investigation of fraud or misconduct;
1230	1230	21 (2) law enforcement officials for a criminal or civil
1231	1231	22 law enforcement investigation, except as restricted by
1232	1232	23 subsections (g) and (h);
1233	1233	24 (3) the State Board of Elections for the purpose of
1234	1234	25 providing the signature for completion of voter
1235	1235	26 registration; or
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241	SB2397 - 34 - LRB103 30750 MXP 57230 b
1242	1242
1243	1243
1244	1244	SB2397- 35 -LRB103 30750 MXP 57230 b SB2397 - 35 - LRB103 30750 MXP 57230 b
1245	1245	SB2397 - 35 - LRB103 30750 MXP 57230 b
1246	1246	1 (4) any other entity the Secretary has authorized by
1247	1247	2 rule.
1248	1248	3 (d) Documents required to be submitted with an application
1249	1249	4 for an identification card to prove the applicant's identity
1250	1250	5 (name and date of birth), social security number or lack of a
1251	1251	6 social security number, written signature, residency, and, as
1252	1252	7 applicable, citizenship and immigration proof of lawful status
1253	1253	8 and country of citizenship shall be confidential and shall not
1254	1254	9 be disclosed except to the following persons:
1255	1255	10 (1) the individual to whom the identification card was
1256	1256	11 issued, upon written request;
1257	1257	12 (2) officers and employees of the Secretary of State
1258	1258	13 who have a need to have access to the stored images for
1259	1259	14 purposes of issuing and controlling driver's licenses,
1260	1260	15 permits, or identification cards and investigation of
1261	1261	16 fraud or misconduct;
1262	1262	17 (3) law enforcement officials for a civil or criminal
1263	1263	18 law enforcement investigation, except as restricted by
1264	1264	19 subsections (g) and (h);
1265	1265	20 (4) other entities that the Secretary may authorize by
1266	1266	21 rule.
1267	1267	22 (e) The Secretary may not disclose an individual's social
1268	1268	23 security number or any associated information obtained from
1269	1269	24 the Social Security Administration without the written request
1270	1270	25 or consent of the individual except: (i) to officers and
1271	1271	26 employees of the Secretary who have a need to know the social
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277	SB2397 - 35 - LRB103 30750 MXP 57230 b
1278	1278
1279	1279
1280	1280	SB2397- 36 -LRB103 30750 MXP 57230 b SB2397 - 36 - LRB103 30750 MXP 57230 b
1281	1281	SB2397 - 36 - LRB103 30750 MXP 57230 b
1282	1282	1 security number in the performance of their official duties;
1283	1283	2 (ii) except as restricted by subsections (g) and (h) to law
1284	1284	3 enforcement officials for a civil or criminal law enforcement
1285	1285	4 investigation if an officer of the law enforcement agency has
1286	1286	5 made a written request to the Secretary specifying the law
1287	1287	6 enforcement investigation for which the social security number
1288	1288	7 is being sought; (iii) under a lawful court order signed by a
1289	1289	8 judge; (iv) to the Illinois Department of Veterans' Affairs
1290	1290	9 for the purpose of confirming veteran status to agencies in
1291	1291	10 other states responsible for the issuance of state
1292	1292	11 identification cards for participation in State-to-State
1293	1293	12 verification service; or (v) the last 4 digits to the Illinois
1294	1294	13 State Board of Elections for purposes of voter registration
1295	1295	14 and as may be required pursuant to an agreement for a
1296	1296	15 multi-state voter registration list maintenance system. The
1297	1297	16 Secretary retains the right to require additional verification
1298	1298	17 regarding the validity of a request from law enforcement. If
1299	1299	18 social security information is disclosed by the Secretary in
1300	1300	19 accordance with this Section, no liability shall rest with the
1301	1301	20 Office of the Secretary of State or any of its officers or
1302	1302	21 employees, as the information is released for official
1303	1303	22 purposes only.
1304	1304	23 (f) The Secretary of State shall not provide facial
1305	1305	24 recognition search services or photographs obtained in the
1306	1306	25 process of issuing an identification card to any federal,
1307	1307	26 State, or local law enforcement agency or other governmental
1308	1308
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313	SB2397 - 36 - LRB103 30750 MXP 57230 b
1314	1314
1315	1315
1316	1316	SB2397- 37 -LRB103 30750 MXP 57230 b SB2397 - 37 - LRB103 30750 MXP 57230 b
1317	1317	SB2397 - 37 - LRB103 30750 MXP 57230 b
1318	1318	1 entity for the purpose of enforcing federal immigration laws.
1319	1319	2 This subsection shall not apply to requests from federal,
1320	1320	3 State, or local law enforcement agencies or other governmental
1321	1321	4 entities for facial recognition search services or photographs
1322	1322	5 obtained in the process of issuing a driver's license or
1323	1323	6 permit when the purpose of the request relates to criminal
1324	1324	7 activity other than violations of immigration laws.
1325	1325	8 (g) Notwithstanding any other provision of law, the
1326	1326	9 Secretary may not release highly restricted personal
1327	1327	10 information or personally identifying information or disclose
1328	1328	11 documents described in subsection (d) to any immigration
1329	1329	12 agent, as defined in Section 10 of the Illinois TRUST Act,
1330	1330	13 unless necessary to comply with any of the following to the
1331	1331	14 extent that production of such information or documents are
1332	1332	15 specifically required:
1333	1333	16 (1) a lawful court order;
1334	1334	17 (2) a judicial warrant signed by a judge appointed
1335	1335	18 pursuant to Article III of the Constitution of the United
1336	1336	19 States; or
1337	1337	20 (3) a subpoena for individual records issued by a
1338	1338	21 federal or State court.
1339	1339	22 When responding to such a court order, warrant, or
1340	1340	23 subpoena, the Secretary shall disclose only those documents or
1341	1341	24 information specifically requested. Within 3 business days of
1342	1342	25 receiving such a court order, warrant, or subpoena, the
1343	1343	26 Secretary shall send a notification to the individual about
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349	SB2397 - 37 - LRB103 30750 MXP 57230 b
1350	1350
1351	1351
1352	1352	SB2397- 38 -LRB103 30750 MXP 57230 b SB2397 - 38 - LRB103 30750 MXP 57230 b
1353	1353	SB2397 - 38 - LRB103 30750 MXP 57230 b
1354	1354	1 whom such information was requested that a court order,
1355	1355	2 warrant, or subpoena was received and the identity of the
1356	1356	3 entity that presented the court order, warrant, or subpoena.
1357	1357	4 (h) The Secretary shall not enter into or maintain any
1358	1358	5 agreement regarding the sharing of any highly restricted
1359	1359	6 personal information or personally identifying information or
1360	1360	7 documents described in subsection (d) unless all other parties
1361	1361	8 to such agreement certify that the information obtained will
1362	1362	9 not be used for civil immigration purposes or knowingly
1363	1363	10 disseminated to any third party for any purpose related to
1364	1364	11 civil immigration enforcement.
1365	1365	12 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
1366	1366	13 Section 20. The Illinois Vehicle Code is amended by
1367	1367	14 changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
1368	1368	15 6-110.2, 6-115, 6-121, and 6-122 and by adding Section 6-110.3
1369	1369	16 as follows:
1370	1370	17 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
1371	1371	18 Sec. 6-100. Definitions. For the purposes of this Chapter,
1372	1372	19 the following words shall have the meanings ascribed to them:
1373	1373	20 (a) Application Process. The process of obtaining a
1374	1374	21 driver's license, identification card, or permit. The process
1375	1375	22 begins when a person enters a Secretary of State Driver
1376	1376	23 Services facility and requests a driver's license,
1377	1377	24 identification card or permit.
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
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1384	1384
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1388	1388	1 (b) Conviction. A final adjudication of guilty by a court
1389	1389	2 of competent jurisdiction either after a bench trial, trial by
1390	1390	3 jury, plea of guilty, order of forfeiture, or default.
1391	1391	4 (c) Identification Card. A document made or issued by or
1392	1392	5 under the authority of the United States Government, the State
1393	1393	6 of Illinois or any other state or political subdivision
1394	1394	7 thereof, or any governmental or quasi-governmental
1395	1395	8 organization that, when completed with information concerning
1396	1396	9 the individual, is of a type intended or commonly accepted for
1397	1397	10 the purpose of identifying the individual.
1398	1398	11 (d) Standard Non-compliant driver's license. A driver's
1399	1399	12 license issued in a manner which is not compliant with the REAL
1400	1400	13 ID Act and implementing regulations. Standard Non-compliant
1401	1401	14 driver's licenses shall be marked "Federal Limits Apply" "Not
1402	1402	15 for Federal Identification" and shall have a color or design
1403	1403	16 different from the REAL ID compliant driver's license.
1404	1404	17 (e) REAL ID compliant driver's license. A driver's license
1405	1405	18 issued in compliance with the REAL ID Act and implementing
1406	1406	19 regulations. REAL ID compliant driver's licenses shall bear a
1407	1407	20 security marking approved by the United States Department of
1408	1408	21 Homeland Security.
1409	1409	22 (f) Limited Term REAL ID compliant driver's license. A
1410	1410	23 REAL ID compliant driver's license issued in compliance with
1411	1411	24 subsection (a-5) of Section 6-115 to a person who is not a
1412	1412	25 permanent resident or citizen of the United States, and marked
1413	1413	26 "Limited Term" on the face of the license.
1414	1414
1415	1415
1416	1416
1417	1417
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1420	1420
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1424	1424	1 (Source: P.A. 100-248, eff. 8-22-17.)
1425	1425	2 (625 ILCS 5/6-100.5)
1426	1426	3 Sec. 6-100.5. Issuance of REAL ID compliant and standard
1427	1427	4 non-compliant driver's licenses. The Secretary of State may
1428	1428	5 issue both REAL ID compliant driver's licenses and standard
1429	1429	6 non-compliant driver's licenses, and may permit applicants to
1430	1430	7 designate which type of driver's license they wish to receive.
1431	1431	8 All provisions of this Code applicable to standard
1432	1432	9 non-compliant driver's licenses shall also apply to REAL ID
1433	1433	10 compliant driver's licenses, except where the provisions are
1434	1434	11 inconsistent with the REAL ID Act and implementing
1435	1435	12 regulations. The Secretary shall establish by rule the date on
1436	1436	13 which issuance of REAL ID compliant driver's licenses will
1437	1437	14 begin.
1438	1438	15 (Source: P.A. 100-248, eff. 8-22-17.)
1439	1439	16 (625 ILCS 5/6-105.1)
1440	1440	17 Sec. 6-105.1. Temporary visitor's driver's license.
1441	1441	18 (a) The Secretary of State may issue a temporary visitor's
1442	1442	19 driver's license to a foreign national who (i) resides in this
1443	1443	20 State, (ii) is ineligible to obtain a social security number,
1444	1444	21 and (iii) presents to the Secretary documentation, issued by
1445	1445	22 United States Citizenship and Immigration Services,
1446	1446	23 authorizing the person's presence in this country.
1447	1447	24 (a-5) The Secretary of State may issue a temporary
1448	1448
1449	1449
1450	1450
1451	1451
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1454	1454
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1458	1458	1 visitor's driver's license to an applicant who (i) has resided
1459	1459	2 in this State for a period in excess of one year, (ii) is
1460	1460	3 ineligible to obtain a social security number, and (iii) is
1461	1461	4 unable to present documentation issued by the United States
1462	1462	5 Citizenship and Immigration Services authorizing the person's
1463	1463	6 presence in this country. The applicant shall submit a valid
1464	1464	7 unexpired passport from the applicant's country of citizenship
1465	1465	8 or a valid unexpired consular identification document issued
1466	1466	9 by a consulate of that country as defined in Section 5 of the
1467	1467	10 Consular Identification Document Act (5 ILCS 230/5).
1468	1468	11 (a-10) Applicants for a temporary visitor's driver's
1469	1469	12 license who are under 18 years of age at the time of
1470	1470	13 application shall be subject to the provisions of Sections
1471	1471	14 6-107 and 6-108 of this Code.
1472	1472	15 (b) A temporary visitor's driver's license issued under
1473	1473	16 subsection (a) is valid for 3 years, or for the period of time
1474	1474	17 the individual is authorized to remain in this country,
1475	1475	18 whichever ends sooner. A temporary visitor's driver's license
1476	1476	19 issued under subsection (a-5) shall be valid for a period of 3
1477	1477	20 years.
1478	1478	21 (b-5) A temporary visitor's driver's license issued under
1479	1479	22 this Section may not be accepted for proof of the holder's
1480	1480	23 identity. A temporary visitor's driver's license issued under
1481	1481	24 this Section shall contain a notice on its face, in
1482	1482	25 capitalized letters, stating that the temporary visitor's
1483	1483	26 driver's license may not be accepted for proof of identity.
1484	1484
1485	1485
1486	1486
1487	1487
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1490	1490
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1494	1494	1 (c) The Secretary shall adopt rules for implementing this
1495	1495	2 Section, including rules:
1496	1496	3 (1) regarding the design and content of the temporary
1497	1497	4 visitor's driver's license;
1498	1498	5 (2) establishing criteria for proof of identification
1499	1499	6 and residency of an individual applying under subsection
1500	1500	7 (a-5);
1501	1501	8 (3) designating acceptable evidence that an applicant
1502	1502	9 is not eligible for a social security number; and
1503	1503	10 (4) regarding the issuance of temporary visitor's
1504	1504	11 instruction permits.
1505	1505	12 (d) Any person to whom the Secretary of State may issue a
1506	1506	13 temporary visitor's driver's license shall be subject to any
1507	1507	14 and all provisions of this Code and any and all implementing
1508	1508	15 regulations issued by the Secretary of State to the same
1509	1509	16 extent as any person issued a driver's license, unless
1510	1510	17 otherwise provided in this Code or by administrative rule,
1511	1511	18 including but not limited to the examination requirements in
1512	1512	19 Section 6-109 as well as the mandatory insurance requirements
1513	1513	20 and penalties set forth in Article VI of Chapter 7 of this
1514	1514	21 Code.
1515	1515	22 (d-5) A temporary visitor's driver's license is invalid if
1516	1516	23 the holder is unable to provide proof of liability insurance
1517	1517	24 as required by Section 7-601 of this Code upon the request of a
1518	1518	25 law enforcement officer, in which case the holder commits a
1519	1519	26 violation of Section 6-101 of this Code.
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524
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1526	1526
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1530	1530	1 (e) Temporary visitor's driver's licenses shall be issued
1531	1531	2 from a central location after the Secretary of State has
1532	1532	3 verified the information provided by the applicant.
1533	1533	4 (f) There is created in the State treasury a special fund
1534	1534	5 to be known as the Driver Services Administration Fund. All
1535	1535	6 fees collected for the issuance of temporary visitor's
1536	1536	7 driver's licenses shall be deposited into the Fund. These
1537	1537	8 funds shall, subject to appropriation, be used by the Office
1538	1538	9 of the Secretary of State for costs related to the issuance of
1539	1539	10 temporary visitor's driver's licenses, and other operational
1540	1540	11 costs, including personnel, facilities, computer programming,
1541	1541	12 and data transmission.
1542	1542	13 (g) No temporary visitor's driver's licenses shall be
1543	1543	14 issued after the effective date of this amendatory Act of the
1544	1544	15 103rd General Assembly.
1545	1545	16 (Source: P.A. 97-1157, eff. 11-28-13.)
1546	1546	17 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
1547	1547	18 Sec. 6-106. Application for license or instruction permit.
1548	1548	19 (a) Every application for any permit or license authorized
1549	1549	20 to be issued under this Code shall be made upon a form
1550	1550	21 furnished by the Secretary of State. Every application shall
1551	1551	22 be accompanied by the proper fee and payment of such fee shall
1552	1552	23 entitle the applicant to not more than 3 attempts to pass the
1553	1553	24 examination within a period of one year after the date of
1554	1554	25 application.
1555	1555
1556	1556
1557	1557
1558	1558
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1561	1561
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1565	1565	1 (b) Every application shall state the legal name, social
1566	1566	2 security number, zip code, date of birth, sex, and residence
1567	1567	3 address of the applicant; briefly describe the applicant;
1568	1568	4 state whether the applicant has theretofore been licensed as a
1569	1569	5 driver, and, if so, when and by what state or country, and
1570	1570	6 whether any such license has ever been cancelled, suspended,
1571	1571	7 revoked or refused, and, if so, the date and reason for such
1572	1572	8 cancellation, suspension, revocation or refusal; shall include
1573	1573	9 an affirmation by the applicant that all information set forth
1574	1574	10 is true and correct; and shall bear the applicant's signature.
1575	1575	11 In addition to the residence address, the Secretary may allow
1576	1576	12 the applicant to provide a mailing address. In the case of an
1577	1577	13 applicant who is a judicial officer or peace officer, the
1578	1578	14 Secretary may allow the applicant to provide an office or work
1579	1579	15 address in lieu of a residence or mailing address. The
1580	1580	16 application form may also require the statement of such
1581	1581	17 additional relevant information as the Secretary of State
1582	1582	18 shall deem necessary to determine the applicant's competency
1583	1583	19 and eligibility. The Secretary of State may, in his
1584	1584	20 discretion, by rule or regulation, provide that an application
1585	1585	21 for a drivers license or permit may include a suitable
1586	1586	22 photograph of the applicant in the form prescribed by the
1587	1587	23 Secretary, and he may further provide that each drivers
1588	1588	24 license shall include a photograph of the driver. The
1589	1589	25 Secretary of State may utilize a photograph process or system
1590	1590	26 most suitable to deter alteration or improper reproduction of
1591	1591
1592	1592
1593	1593
1594	1594
1595	1595
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1597	1597
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1600	1600	SB2397 - 45 - LRB103 30750 MXP 57230 b
1601	1601	1 a drivers license and to prevent substitution of another photo
1602	1602	2 thereon. For the purposes of this subsection (b), "peace
1603	1603	3 officer" means any person who by virtue of his or her office or
1604	1604	4 public employment is vested by law with a duty to maintain
1605	1605	5 public order or to make arrests for a violation of any penal
1606	1606	6 statute of this State, whether that duty extends to all
1607	1607	7 violations or is limited to specific violations.
1608	1608	8 (b-1) Every application shall state the social security
1609	1609	9 number of the applicant; except if the applicant is applying
1610	1610	10 for a standard driver's license and is ineligible for a social
1611	1611	11 security number, then:
1612	1612	12 (1) if the applicant has documentation, issued by the
1613	1613	13 United States Department of Homeland Security, authorizing
1614	1614	14 the applicant's presence in this country, the applicant
1615	1615	15 shall provide such documentation instead of a social
1616	1616	16 security number; and
1617	1617	17 (2) if the applicant does not have documentation
1618	1618	18 described in paragraph (1), the applicant shall provide,
1619	1619	19 instead of a social security number, the following:
1620	1620	20 (A) documentation establishing that the applicant
1621	1621	21 has resided in this State for a period in excess of one
1622	1622	22 year; and
1623	1623	23 (B) a passport validly issued to the applicant
1624	1624	24 from the applicant's country of citizenship or a
1625	1625	25 consular identification document validly issued to the
1626	1626	26 applicant by a consulate of that country as defined in
1627	1627
1628	1628
1629	1629
1630	1630
1631	1631
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1633	1633
1634	1634
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1637	1637	1 Section 5 of the Consular Identification Document Act.
1638	1638	2 (b-3) Upon the first issuance of a request for proposals
1639	1639	3 for a digital driver's license and identification card
1640	1640	4 issuance and facial recognition system issued after January 1,
1641	1641	5 2020 (the effective date of Public Act 101-513), and upon
1642	1642	6 implementation of a new or revised system procured pursuant to
1643	1643	7 that request for proposals, the Secretary shall permit
1644	1644	8 applicants to choose between "male", "female" or "non-binary"
1645	1645	9 when designating the applicant's sex on the driver's license
1646	1646	10 application form. The sex designated by the applicant shall be
1647	1647	11 displayed on the driver's license issued to the applicant.
1648	1648	12 (b-5) Every applicant for a REAL ID compliant driver's
1649	1649	13 license or permit shall provide proof of lawful status in the
1650	1650	14 United States as defined in 6 CFR 37.3, as amended. Applicants
1651	1651	15 who are unable to provide the Secretary with proof of lawful
1652	1652	16 status may apply for a driver's license or permit under
1653	1653	17 Section 6-105.1 of this Code.
1654	1654	18 (b-7) The Secretary of State may accept, as proof of date
1655	1655	19 of birth and written signature for any applicant for a
1656	1656	20 standard driver's license, any passport validly issued to the
1657	1657	21 applicant from the applicant's country of citizenship or a
1658	1658	22 consular identification document validly issued to the
1659	1659	23 applicant by a consulate of that country as defined in Section
1660	1660	24 5 of the Consular Identification Document Act.
1661	1661	25 (c) The application form shall include a notice to the
1662	1662	26 applicant of the registration obligations of sex offenders
1663	1663
1664	1664
1665	1665
1666	1666
1667	1667
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1669	1669
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1673	1673	1 under the Sex Offender Registration Act. The notice shall be
1674	1674	2 provided in a form and manner prescribed by the Secretary of
1675	1675	3 State. For purposes of this subsection (c), "sex offender" has
1676	1676	4 the meaning ascribed to it in Section 2 of the Sex Offender
1677	1677	5 Registration Act.
1678	1678	6 (d) Any person applying male United States citizen or
1679	1679	7 immigrant who applies for any permit or license authorized to
1680	1680	8 be issued under this Code or for a renewal of any permit or
1681	1681	9 license, and who is at least 18 years of age but less than 26
1682	1682	10 years of age and subject to , must be registered in compliance
1683	1683	11 with the requirements of the federal Military Selective
1684	1684	12 Service Act, must be registered in compliance with those
1685	1685	13 requirements. The Secretary of State must forward in an
1686	1686	14 electronic format the necessary personal information regarding
1687	1687	15 the applicants identified in this subsection (d) to the
1688	1688	16 Selective Service System. The applicant's signature on the
1689	1689	17 application serves as an indication that the applicant either
1690	1690	18 has already registered with the Selective Service System or
1691	1691	19 that he is authorizing the Secretary to forward to the
1692	1692	20 Selective Service System the necessary information for
1693	1693	21 registration. The Secretary must notify the applicant at the
1694	1694	22 time of application that his signature constitutes consent to
1695	1695	23 registration with the Selective Service System, if he is not
1696	1696	24 already registered.
1697	1697	25 (e) Beginning on or before July 1, 2015, for each original
1698	1698	26 or renewal driver's license application under this Code, the
1699	1699
1700	1700
1701	1701
1702	1702
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1709	1709	1 Secretary shall inquire as to whether the applicant is a
1710	1710	2 veteran for purposes of issuing a driver's license with a
1711	1711	3 veteran designation under subsection (e-5) of Section 6-110 of
1712	1712	4 this Code. The acceptable forms of proof shall include, but
1713	1713	5 are not limited to, Department of Defense form DD-214,
1714	1714	6 Department of Defense form DD-256 for applicants who did not
1715	1715	7 receive a form DD-214 upon the completion of initial basic
1716	1716	8 training, Department of Defense form DD-2 (Retired), an
1717	1717	9 identification card issued under the federal Veterans
1718	1718	10 Identification Card Act of 2015, or a United States Department
1719	1719	11 of Veterans Affairs summary of benefits letter. If the
1720	1720	12 document cannot be stamped, the Illinois Department of
1721	1721	13 Veterans' Affairs shall provide a certificate to the veteran
1722	1722	14 to provide to the Secretary of State. The Illinois Department
1723	1723	15 of Veterans' Affairs shall advise the Secretary as to what
1724	1724	16 other forms of proof of a person's status as a veteran are
1725	1725	17 acceptable.
1726	1726	18 For each applicant who is issued a driver's license with a
1727	1727	19 veteran designation, the Secretary shall provide the
1728	1728	20 Department of Veterans' Affairs with the applicant's name,
1729	1729	21 address, date of birth, gender and such other demographic
1730	1730	22 information as agreed to by the Secretary and the Department.
1731	1731	23 The Department may take steps necessary to confirm the
1732	1732	24 applicant is a veteran. If after due diligence, including
1733	1733	25 writing to the applicant at the address provided by the
1734	1734	26 Secretary, the Department is unable to verify the applicant's
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739
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1741	1741
1742	1742
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1745	1745	1 veteran status, the Department shall inform the Secretary, who
1746	1746	2 shall notify the applicant that he or she must confirm status
1747	1747	3 as a veteran, or the driver's license will be cancelled.
1748	1748	4 For purposes of this subsection (e):
1749	1749	5 "Armed forces" means any of the Armed Forces of the United
1750	1750	6 States, including a member of any reserve component or
1751	1751	7 National Guard unit.
1752	1752	8 "Veteran" means a person who has served in the armed
1753	1753	9 forces and was discharged or separated under honorable
1754	1754	10 conditions.
1755	1755	11 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1756	1756	12 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1757	1757	13 (625 ILCS 5/6-110.1)
1758	1758	14 Sec. 6-110.1. Confidentiality of captured photographs or
1759	1759	15 images.
1760	1760	16 (a) The Secretary of State shall maintain a file on or
1761	1761	17 contract to file all photographs and signatures obtained in
1762	1762	18 the process of issuing a driver's license, permit, or
1763	1763	19 identification card. Except as otherwise provided in this
1764	1764	20 Section, the photographs and signatures shall be confidential
1765	1765	21 and shall not be disclosed except to the following persons:
1766	1766	22 (1) the individual to whom the driver's license or
1767	1767	23 permit was issued, upon written request;
1768	1768	24 (2) officers and employees of the Secretary of State
1769	1769	25 who have a need to have access to the stored images for
1770	1770
1771	1771
1772	1772
1773	1773
1774	1774
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1776	1776
1777	1777
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1780	1780	1 purposes of issuing and controlling driver's licenses,
1781	1781	2 permits, or identification cards and investigation of
1782	1782	3 fraud or misconduct;
1783	1783	4 (3) law enforcement officials for a civil or criminal
1784	1784	5 law enforcement investigation, except as restricted by
1785	1785	6 section 6-110.3;
1786	1786	7 (3-5) the State Board of Elections for the sole
1787	1787	8 purpose of providing the signatures required by a local
1788	1788	9 election authority to register a voter through an online
1789	1789	10 voter registration system;
1790	1790	11 (3-10) officers and employees of the Secretary of
1791	1791	12 State who have a need to have access to the stored images
1792	1792	13 for purposes of issuing and controlling notary public
1793	1793	14 commissions and for the purpose of providing the
1794	1794	15 signatures required to process online applications for
1795	1795	16 appointment and commission as notaries public; or
1796	1796	17 (4) other entities that the Secretary may authorize by
1797	1797	18 rule.
1798	1798	19 (b) The Secretary of State shall not provide facial
1799	1799	20 recognition search services or photographs obtained in the
1800	1800	21 process of issuing a driver's license or permit to any
1801	1801	22 federal, State, or local law enforcement agency or other
1802	1802	23 governmental entity for the purpose of enforcing federal
1803	1803	24 immigration laws. This subsection shall not apply to requests
1804	1804	25 from federal, State, or local law enforcement agencies or
1805	1805	26 other governmental entities for facial recognition search
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
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1812	1812
1813	1813
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1816	1816	1 services or photographs obtained in the process of issuing a
1817	1817	2 driver's license or permit when the purpose of the request
1818	1818	3 relates to criminal activity other than violations of
1819	1819	4 immigration laws.
1820	1820	5 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
1821	1821	6 (625 ILCS 5/6-110.2)
1822	1822	7 Sec. 6-110.2. Confidentiality of documents submitted with
1823	1823	8 an application for a driver's license. Documents required to
1824	1824	9 be submitted with an application for a driver's license to
1825	1825	10 prove the applicant's identity (name and date of birth),
1826	1826	11 social security number or lack of a social security number,
1827	1827	12 written signature, residency, and, as applicable, citizenship
1828	1828	13 or immigration proof of lawful status and country of
1829	1829	14 citizenship shall be confidential and shall not be disclosed
1830	1830	15 except to the following persons:
1831	1831	16 (1) the individual to whom the driver's license or
1832	1832	17 permit was issued, upon written request;
1833	1833	18 (2) officers and employees of the Secretary of State
1834	1834	19 who have a need to have access to the stored images for
1835	1835	20 purposes of issuing and controlling driver's licenses,
1836	1836	21 permits, or identification cards and investigation of
1837	1837	22 fraud or misconduct;
1838	1838	23 (3) law enforcement officials for a civil or criminal
1839	1839	24 law enforcement investigation, except as restricted by
1840	1840	25 Section 6-110.3;
1841	1841
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846	SB2397 - 51 - LRB103 30750 MXP 57230 b
1847	1847
1848	1848
1849	1849	SB2397- 52 -LRB103 30750 MXP 57230 b SB2397 - 52 - LRB103 30750 MXP 57230 b
1850	1850	SB2397 - 52 - LRB103 30750 MXP 57230 b
1851	1851	1 (4) other entities that the Secretary may authorize by
1852	1852	2 rule.
1853	1853	3 (Source: P.A. 101-326, eff. 8-9-19.)
1854	1854	4 (625 ILCS 5/6-110.3 new)
1855	1855	5 Sec. 6-110.3. Restrictions on use of information for
1856	1856	6 certain purposes.
1857	1857	7 (a) Notwithstanding any other provision of law, the
1858	1858	8 Secretary may not release or make accessible in any manner any
1859	1859	9 highly restricted personal information as defined in Section
1860	1860	10 1-125.9 or personally identifying information as defined in
1861	1861	11 Section 1-159.2, provide images, photos, or facial recognition
1862	1862	12 services as described in Section 6-110.1, or disclose
1863	1863	13 documents as described in Section 6-110.2 to any immigration
1864	1864	14 agent as defined in Section 10 of the Illinois TRUST Act,
1865	1865	15 unless necessary to comply with any of the following to the
1866	1866	16 extent that production of such information or documents are
1867	1867	17 specifically required:
1868	1868	18 (1) a lawful court order;
1869	1869	19 (2) a judicial warrant signed by a judge appointed
1870	1870	20 pursuant to Article III of the Constitution of the United
1871	1871	21 States; or
1872	1872	22 (3) a subpoena for individual records issued by a
1873	1873	23 federal or State court.
1874	1874	24 When responding to such a court order, warrant, or
1875	1875	25 subpoena, the Secretary shall disclose only those documents or
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880
1881	1881	SB2397 - 52 - LRB103 30750 MXP 57230 b
1882	1882
1883	1883
1884	1884	SB2397- 53 -LRB103 30750 MXP 57230 b SB2397 - 53 - LRB103 30750 MXP 57230 b
1885	1885	SB2397 - 53 - LRB103 30750 MXP 57230 b
1886	1886	1 information specifically requested. Within 3 business days of
1887	1887	2 receiving such a court order, warrant, or subpoena, the
1888	1888	3 Secretary shall send a notification to the individual about
1889	1889	4 whom such information was requested that a court order,
1890	1890	5 warrant, or subpoena was received and the identity of the
1891	1891	6 entity that presented the court order, warrant, or subpoena.
1892	1892	7 (b) The Secretary shall not enter into or maintain any
1893	1893	8 agreement regarding the sharing of any highly restricted
1894	1894	9 personal information as defined in Section 1-125.9, personally
1895	1895	10 identifying information as defined in Section 1-159.2, images
1896	1896	11 or photos described in Section 6-110.1, or documents described
1897	1897	12 in Section 6-110.2 unless all other parties to such agreement
1898	1898	13 certify that the information obtained will not be used for
1899	1899	14 civil immigration purposes or knowingly disseminated to any
1900	1900	15 third party for any purpose related to civil immigration
1901	1901	16 enforcement.
1902	1902	17 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
1903	1903	18 Sec. 6-115. Expiration of driver's license.
1904	1904	19 (a) Except as provided elsewhere in this Section, every
1905	1905	20 driver's license issued under the provisions of this Code
1906	1906	21 shall expire 4 years from the date of its issuance, or at such
1907	1907	22 later date, as the Secretary of State may by proper rule and
1908	1908	23 regulation designate, not to exceed 12 calendar months; in the
1909	1909	24 event that an applicant for renewal of a driver's license
1910	1910	25 fails to apply prior to the expiration date of the previous
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916	SB2397 - 53 - LRB103 30750 MXP 57230 b
1917	1917
1918	1918
1919	1919	SB2397- 54 -LRB103 30750 MXP 57230 b SB2397 - 54 - LRB103 30750 MXP 57230 b
1920	1920	SB2397 - 54 - LRB103 30750 MXP 57230 b
1921	1921	1 driver's license, the renewal driver's license shall expire 4
1922	1922	2 years from the expiration date of the previous driver's
1923	1923	3 license, or at such later date as the Secretary of State may by
1924	1924	4 proper rule and regulation designate, not to exceed 12
1925	1925	5 calendar months.
1926	1926	6 The Secretary of State may, however, issue to a person not
1927	1927	7 previously licensed as a driver in Illinois a driver's license
1928	1928	8 which will expire not less than 4 years nor more than 5 years
1929	1929	9 from date of issuance, except as provided elsewhere in this
1930	1930	10 Section.
1931	1931	11 (a-5) Every REAL ID compliant driver's license issued
1932	1932	12 under this Code to an applicant who is not a United States
1933	1933	13 citizen or permanent resident, or an individual who has an
1934	1934	14 approved application for asylum in the United States or has
1935	1935	15 entered the United States in refugee status, shall be marked
1936	1936	16 "Limited Term" on its face and shall expire on whichever is the
1937	1937	17 earlier date of the following:
1938	1938	18 (1) as provided under subsection (a), (f), (g), or (i)
1939	1939	19 of this Section;
1940	1940	20 (2) on the date the applicant's authorized stay in the
1941	1941	21 United States terminates; or
1942	1942	22 (3) if the applicant's authorized stay is indefinite
1943	1943	23 and the applicant is applying for a Limited Term REAL ID
1944	1944	24 compliant driver's license, one year from the date of
1945	1945	25 issuance of the license.
1946	1946	26 (a-10) (Blank). Every REAL ID compliant driver's license
1947	1947
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952	SB2397 - 54 - LRB103 30750 MXP 57230 b
1953	1953
1954	1954
1955	1955	SB2397- 55 -LRB103 30750 MXP 57230 b SB2397 - 55 - LRB103 30750 MXP 57230 b
1956	1956	SB2397 - 55 - LRB103 30750 MXP 57230 b
1957	1957	1 issued under this Code to an applicant who is not a United
1958	1958	2 States citizen or permanent resident, or an individual who has
1959	1959	3 an approved application for asylum in the United States or has
1960	1960	4 entered the United States in refugee status, shall be marked
1961	1961	5 "Limited Term".
1962	1962	6 (b) Before the expiration of a driver's license, except
1963	1963	7 those licenses expiring on the individual's 21st birthday, or
1964	1964	8 3 months after the individual's 21st birthday, the holder
1965	1965	9 thereof may apply for a renewal thereof, subject to all the
1966	1966	10 provisions of Section 6-103, and the Secretary of State may
1967	1967	11 require an examination of the applicant. A licensee whose
1968	1968	12 driver's license expires on his 21st birthday, or 3 months
1969	1969	13 after his 21st birthday, may not apply for a renewal of his
1970	1970	14 driving privileges until he reaches the age of 21.
1971	1971	15 (c) The Secretary of State shall, 30 days prior to the
1972	1972	16 expiration of a driver's license, forward to each person whose
1973	1973	17 license is to expire a notification of the expiration of said
1974	1974	18 license which may be presented at the time of renewal of said
1975	1975	19 license.
1976	1976	20 There may be included with such notification information
1977	1977	21 explaining the anatomical gift and Emergency Medical
1978	1978	22 Information Card provisions of Section 6-110. The format and
1979	1979	23 text of such information shall be prescribed by the Secretary.
1980	1980	24 There shall be included with such notification, for a
1981	1981	25 period of 4 years beginning January 1, 2000 information
1982	1982	26 regarding the Illinois Adoption Registry and Medical
1983	1983
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988	SB2397 - 55 - LRB103 30750 MXP 57230 b
1989	1989
1990	1990
1991	1991	SB2397- 56 -LRB103 30750 MXP 57230 b SB2397 - 56 - LRB103 30750 MXP 57230 b
1992	1992	SB2397 - 56 - LRB103 30750 MXP 57230 b
1993	1993	1 Information Exchange established in Section 18.1 of the
1994	1994	2 Adoption Act.
1995	1995	3 (d) The Secretary may defer the expiration of the driver's
1996	1996	4 license of a licensee, spouse, and dependent children who are
1997	1997	5 living with such licensee while on active duty, serving in the
1998	1998	6 Armed Forces of the United States outside of the State of
1999	1999	7 Illinois, and 120 days thereafter, upon such terms and
2000	2000	8 conditions as the Secretary may prescribe.
2001	2001	9 (d-5) The Secretary may defer the expiration of the
2002	2002	10 driver's license of a licensee, or of a spouse or dependent
2003	2003	11 children living with the licensee, serving as a civilian
2004	2004	12 employee of the United States Armed Forces or the United
2005	2005	13 States Department of Defense, outside of the State of
2006	2006	14 Illinois, and 120 days thereafter, upon such terms and
2007	2007	15 conditions as the Secretary may prescribe.
2008	2008	16 (e) The Secretary of State may decline to process a
2009	2009	17 renewal of a driver's license of any person who has not paid
2010	2010	18 any fee or tax due under this Code and is not paid upon
2011	2011	19 reasonable notice and demand.
2012	2012	20 (f) The Secretary shall provide that each original or
2013	2013	21 renewal driver's license issued to a licensee under 21 years
2014	2014	22 of age shall expire 3 months after the licensee's 21st
2015	2015	23 birthday. Persons whose current driver's licenses expire on
2016	2016	24 their 21st birthday on or after January 1, 1986 shall not renew
2017	2017	25 their driver's license before their 21st birthday, and their
2018	2018	26 current driver's license will be extended for an additional
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	SB2397 - 56 - LRB103 30750 MXP 57230 b
2025	2025
2026	2026
2027	2027	SB2397- 57 -LRB103 30750 MXP 57230 b SB2397 - 57 - LRB103 30750 MXP 57230 b
2028	2028	SB2397 - 57 - LRB103 30750 MXP 57230 b
2029	2029	1 term of 3 months beyond their 21st birthday. Thereafter, the
2030	2030	2 expiration and term of the driver's license shall be governed
2031	2031	3 by subsection (a) hereof.
2032	2032	4 (g) The Secretary shall provide that each original or
2033	2033	5 renewal driver's license issued to a licensee 81 years of age
2034	2034	6 through age 86 shall expire 2 years from the date of issuance,
2035	2035	7 or at such later date as the Secretary may by rule and
2036	2036	8 regulation designate, not to exceed an additional 12 calendar
2037	2037	9 months. The Secretary shall also provide that each original or
2038	2038	10 renewal driver's license issued to a licensee 87 years of age
2039	2039	11 or older shall expire 12 months from the date of issuance, or
2040	2040	12 at such later date as the Secretary may by rule and regulation
2041	2041	13 designate, not to exceed an additional 12 calendar months.
2042	2042	14 (h) The Secretary of State shall provide that each special
2043	2043	15 restricted driver's license issued under subsection (g) of
2044	2044	16 Section 6-113 of this Code shall expire 12 months from the date
2045	2045	17 of issuance. The Secretary shall adopt rules defining renewal
2046	2046	18 requirements.
2047	2047	19 (i) The Secretary of State shall provide that each
2048	2048	20 driver's license issued to a person convicted of a sex offense
2049	2049	21 as defined in Section 2 of the Sex Offender Registration Act
2050	2050	22 shall expire 12 months from the date of issuance or at such
2051	2051	23 date as the Secretary may by rule designate, not to exceed an
2052	2052	24 additional 12 calendar months. The Secretary may adopt rules
2053	2053	25 defining renewal requirements.
2054	2054	26 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
2055	2055
2056	2056
2057	2057
2058	2058
2059	2059
2060	2060	SB2397 - 57 - LRB103 30750 MXP 57230 b
2061	2061
2062	2062
2063	2063	SB2397- 58 -LRB103 30750 MXP 57230 b SB2397 - 58 - LRB103 30750 MXP 57230 b
2064	2064	SB2397 - 58 - LRB103 30750 MXP 57230 b
2065	2065	1 (625 ILCS 5/6-121)
2066	2066	2 Sec. 6-121. Issuance of confidential drivers' licenses.
2067	2067	3 (a) Requirements for use of confidential drivers'
2068	2068	4 licenses. Confidential drivers' licenses may be issued to
2069	2069	5 local, state, and federal government agencies for bona fide
2070	2070	6 law enforcement purposes. The drivers' licenses may be issued
2071	2071	7 with fictitious names and addresses, and may be used only for
2072	2072	8 confidential, investigative, or undercover law enforcement
2073	2073	9 operations. Confidential drivers' licenses may be issued as
2074	2074	10 REAL ID compliant or standard non-compliant driver's licenses.
2075	2075	11 (b) Application procedures for confidential drivers'
2076	2076	12 licenses:
2077	2077	13 (1) Applications by local, state, and federal
2078	2078	14 government agencies for confidential drivers' licenses
2079	2079	15 must be made to the Secretary of State Police Department
2080	2080	16 on a form and in a manner prescribed by the Secretary of
2081	2081	17 State Police Department.
2082	2082	18 (2) The application form must include information, as
2083	2083	19 specific as possible without compromising investigations
2084	2084	20 or techniques, setting forth the need for the drivers'
2085	2085	21 licenses and the uses to which the licenses will be
2086	2086	22 limited.
2087	2087	23 (3) The application form must be signed and verified
2088	2088	24 by the local, state, or federal government agency head or
2089	2089	25 designee.
2090	2090
2091	2091
2092	2092
2093	2093
2094	2094
2095	2095	SB2397 - 58 - LRB103 30750 MXP 57230 b
2096	2096
2097	2097
2098	2098	SB2397- 59 -LRB103 30750 MXP 57230 b SB2397 - 59 - LRB103 30750 MXP 57230 b
2099	2099	SB2397 - 59 - LRB103 30750 MXP 57230 b
2100	2100	1 (4) Registration information maintained by the
2101	2101	2 Secretary of State Police Department for confidential
2102	2102	3 drivers' licenses must show the fictitious names and
2103	2103	4 addresses on all records subject to public disclosure. All
2104	2104	5 other information concerning these confidential drivers'
2105	2105	6 licenses are exempt from disclosure unless the disclosure
2106	2106	7 is ordered by a court of competent jurisdiction.
2107	2107	8 (c) Revocation and cancellation procedures for
2108	2108	9 confidential drivers' licenses:
2109	2109	10 (1) The Secretary of State Police Department may
2110	2110	11 revoke or refuse to renew confidential drivers' licenses
2111	2111	12 when they have reasonable cause to believe the licenses
2112	2112	13 are being used for purposes other than those set forth in
2113	2113	14 the application form or authorized by this Section.
2114	2114	15 Confidential drivers' licenses may also be revoked where
2115	2115	16 traffic violation citations have been issued to the driver
2116	2116	17 and subsequent investigation reveals that the issuance of
2117	2117	18 the citations was unrelated to the purposes for which the
2118	2118	19 confidential driver's license was issued. In such cases,
2119	2119	20 the citations and any resulting court orders, convictions,
2120	2120	21 supervisions or other sanctions must be treated by the
2121	2121	22 Secretary of State as though they were issued in relation
2122	2122	23 to the true driver's license of the individual to whom the
2123	2123	24 confidential driver's license was issued.
2124	2124	25 (2) A government agency must request cancellation of
2125	2125	26 confidential drivers' licenses that are no longer required
2126	2126
2127	2127
2128	2128
2129	2129
2130	2130
2131	2131	SB2397 - 59 - LRB103 30750 MXP 57230 b
2132	2132
2133	2133
2134	2134	SB2397- 60 -LRB103 30750 MXP 57230 b SB2397 - 60 - LRB103 30750 MXP 57230 b
2135	2135	SB2397 - 60 - LRB103 30750 MXP 57230 b
2136	2136	1 for the purposes for which they were issued.
2137	2137	2 (3) All revoked confidential drivers' licenses must be
2138	2138	3 promptly returned to the Secretary of State Police
2139	2139	4 Department by the government agency to which they were
2140	2140	5 issued.
2141	2141	6 (Source: P.A. 100-248, eff. 8-22-17.)
2142	2142	7 (625 ILCS 5/6-122)
2143	2143	8 Sec. 6-122. Expedited driver's license. The Secretary of
2144	2144	9 State may provide for an expedited process for the issuance of
2145	2145	10 a driver's license, excluding temporary visitor's driver's
2146	2146	11 licenses. The Secretary shall charge an additional fee for the
2147	2147	12 issuance of an expedited driver's license, to be set by rule,
2148	2148	13 not to exceed $75. All fees collected by the Secretary for
2149	2149	14 expedited driver's license service shall be deposited into the
2150	2150	15 Secretary of State Special Services Fund. The Secretary may
2151	2151	16 adopt rules regarding the eligibility, process, and fee for an
2152	2152	17 expedited driver's license.
2153	2153	18 (Source: P.A. 99-305, eff. 1-1-16.)
2154	2154	19 Section 99. Effective date. This Act takes effect July 1,
2155	2155	20 2024.
2156	2156	SB2397- 61 -LRB103 30750 MXP 57230 b 1 INDEX 2 Statutes amended in order of appearance SB2397- 61 -LRB103 30750 MXP 57230 b SB2397 - 61 - LRB103 30750 MXP 57230 b 1 INDEX 2 Statutes amended in order of appearance
2157	2157	SB2397- 61 -LRB103 30750 MXP 57230 b SB2397 - 61 - LRB103 30750 MXP 57230 b
2158	2158	SB2397 - 61 - LRB103 30750 MXP 57230 b
2159	2159	1 INDEX
2160	2160	2 Statutes amended in order of appearance
2161	2161
2162	2162
2163	2163
2164	2164
2165	2165
2166	2166	SB2397 - 60 - LRB103 30750 MXP 57230 b
2167	2167
2168	2168
2169	2169
2170	2170	SB2397- 61 -LRB103 30750 MXP 57230 b SB2397 - 61 - LRB103 30750 MXP 57230 b
2171	2171	SB2397 - 61 - LRB103 30750 MXP 57230 b
2172	2172	1 INDEX
2173	2173	2 Statutes amended in order of appearance
2174	2174
2175	2175
2176	2176
2177	2177
2178	2178
2179	2179	SB2397 - 61 - LRB103 30750 MXP 57230 b