Illinois 2025-2026 Regular Session

Illinois House Bill HB1345 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1345 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately. LRB104 03372 BDA 13394 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1345 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3 Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately. LRB104 03372 BDA 13394 b LRB104 03372 BDA 13394 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1345 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
33 5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3
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77 Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.
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1313 1 AN ACT concerning government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 (5 ILCS 805/Act rep.)
1717 5 Section 5. The Illinois TRUST Act is repealed.
1818 6 Section 10. The Illinois Identification Card Act is
1919 7 amended by changing Section 11 as follows:
2020 8 (15 ILCS 335/11) (from Ch. 124, par. 31)
2121 9 Sec. 11. Records.
2222 10 (a) The Secretary may make a search of his records and
2323 11 furnish information as to whether a person has a current
2424 12 Standard Illinois Identification Card or an Illinois Person
2525 13 with a Disability Identification Card then on file, upon
2626 14 receipt of a written application therefor accompanied with the
2727 15 prescribed fee. However, the Secretary may not disclose
2828 16 medical information concerning an individual to any person,
2929 17 public agency, private agency, corporation or governmental
3030 18 body unless the individual has submitted a written request for
3131 19 the information or unless the individual has given prior
3232 20 written consent for the release of the information to a
3333 21 specific person or entity. This exception shall not apply to:
3434 22 (1) offices and employees of the Secretary who have a need to
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1345 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
3939 5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3
4040 5 ILCS 805/Act rep.
4141 15 ILCS 335/11 from Ch. 124, par. 31
4242 625 ILCS 5/6-110.3
4343 Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.
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5454 625 ILCS 5/6-110.3
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7373 1 know the medical information in performance of their official
7474 2 duties, or (2) orders of a court of competent jurisdiction.
7575 3 When medical information is disclosed by the Secretary in
7676 4 accordance with the provisions of this Section, no liability
7777 5 shall rest with the Office of the Secretary of State as the
7878 6 information is released for informational purposes only.
7979 7 (b) Except as otherwise provided in this Section, the
8080 8 Secretary may release personally identifying information only
8181 9 to:
8282 10 (1) officers and employees of the Secretary who have a
8383 11 need to know that information for issuance of driver's
8484 12 licenses, permits, or identification cards and
8585 13 investigation of fraud or misconduct;
8686 14 (2) other governmental agencies for use in their
8787 15 official governmental functions;
8888 16 (3) law enforcement agencies for a criminal or civil
8989 17 investigation, except as restricted by subsections (g) and
9090 18 (h);
9191 19 (3-5) the State Board of Elections as may be required
9292 20 by an agreement the State Board of Elections has entered
9393 21 into with a multi-state voter registration list
9494 22 maintenance system; or
9595 23 (4) any entity that the Secretary has authorized, by
9696 24 rule.
9797 25 (c) Except as otherwise provided in this Section, the
9898 26 Secretary may release highly restricted personal information
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109109 1 only to:
110110 2 (1) officers and employees of the Secretary who have a
111111 3 need to access the information for the issuance of
112112 4 driver's licenses, permits, or identification cards and
113113 5 investigation of fraud or misconduct;
114114 6 (2) law enforcement officials for a criminal or civil
115115 7 law enforcement investigation, except as restricted by
116116 8 subsections (g) and (h);
117117 9 (3) the State Board of Elections for the purpose of
118118 10 providing the signature for completion of voter
119119 11 registration; or
120120 12 (4) any other entity the Secretary has authorized by
121121 13 rule.
122122 14 (d) Documents required to be submitted with an application
123123 15 for an identification card to prove the applicant's identity
124124 16 (name and date of birth), social security number or lack of a
125125 17 social security number, written signature, residency, and, as
126126 18 applicable, citizenship and immigration status and country of
127127 19 citizenship shall be confidential and shall not be disclosed
128128 20 except to the following persons:
129129 21 (1) the individual to whom the identification card was
130130 22 issued, upon written request;
131131 23 (2) officers and employees of the Secretary of State
132132 24 who have a need to have access to the stored images for
133133 25 purposes of issuing and controlling driver's licenses,
134134 26 permits, or identification cards and investigation of
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145145 1 fraud or misconduct;
146146 2 (3) law enforcement officials for a civil or criminal
147147 3 law enforcement investigation, except as restricted by
148148 4 subsections (g) and (h);
149149 5 (4) other entities that the Secretary may authorize by
150150 6 rule.
151151 7 (e) The Secretary may not disclose an individual's social
152152 8 security number or any associated information obtained from
153153 9 the Social Security Administration without the written request
154154 10 or consent of the individual except: (i) to officers and
155155 11 employees of the Secretary who have a need to know the social
156156 12 security number in the performance of their official duties;
157157 13 (ii) except as restricted by subsections (g) and (h) to law
158158 14 enforcement officials for a civil or criminal law enforcement
159159 15 investigation if an officer of the law enforcement agency has
160160 16 made a written request to the Secretary specifying the law
161161 17 enforcement investigation for which the social security number
162162 18 is being sought; (iii) under a lawful court order signed by a
163163 19 judge; (iv) to the Illinois Department of Veterans' Affairs
164164 20 for the purpose of confirming veteran status to agencies in
165165 21 other states responsible for the issuance of state
166166 22 identification cards for participation in State-to-State
167167 23 verification service; or (v) the last 4 digits to the Illinois
168168 24 State Board of Elections for purposes of voter registration
169169 25 and as may be required pursuant to an agreement for a
170170 26 multi-state voter registration list maintenance system. The
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181181 1 Secretary retains the right to require additional verification
182182 2 regarding the validity of a request from law enforcement. If
183183 3 social security information is disclosed by the Secretary in
184184 4 accordance with this Section, no liability shall rest with the
185185 5 Office of the Secretary of State or any of its officers or
186186 6 employees, as the information is released for official
187187 7 purposes only.
188188 8 (f) The Secretary of State shall not provide facial
189189 9 recognition search services or photographs obtained in the
190190 10 process of issuing an identification card to any federal,
191191 11 State, or local law enforcement agency or other governmental
192192 12 entity for the purpose of enforcing federal immigration laws.
193193 13 This subsection shall not apply to requests from federal,
194194 14 State, or local law enforcement agencies or other governmental
195195 15 entities for facial recognition search services or photographs
196196 16 obtained in the process of issuing a driver's license or
197197 17 permit when the purpose of the request relates to criminal
198198 18 activity other than violations of immigration laws.
199199 19 (g) Notwithstanding any other provision of law, the
200200 20 Secretary may not release highly restricted personal
201201 21 information or personally identifying information or disclose
202202 22 documents described in subsection (d) to any immigration
203203 23 agent, as defined in Section 10 of the Illinois TRUST Act,
204204 24 unless necessary to comply with the following, to the extent
205205 25 that production of such information or documents is
206206 26 specifically required:
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217217 1 (1) a lawful court order;
218218 2 (2) a judicial warrant signed by a judge appointed
219219 3 pursuant to Article III of the Constitution of the United
220220 4 States; or
221221 5 (3) a subpoena for individual records issued by a
222222 6 federal or State court.
223223 7 When responding to such a court order, warrant, or
224224 8 subpoena, the Secretary shall disclose only those documents or
225225 9 information specifically requested. Within 3 business days of
226226 10 receiving such a court order, warrant, or subpoena, the
227227 11 Secretary shall send a notification to the individual about
228228 12 whom such information was requested that a court order,
229229 13 warrant, or subpoena was received and the identity of the
230230 14 entity that presented the court order, warrant, or subpoena.
231231 15 As used in this subsection (g), "immigration agent" means
232232 16 an agent of federal Immigration and Customs Enforcement,
233233 17 federal Customs and Border Protection, or any similar or
234234 18 successor agency.
235235 19 (h) The Secretary shall not enter into or maintain any
236236 20 agreement regarding the sharing of any highly restricted
237237 21 personal information or personally identifying information or
238238 22 documents described in subsection (d) unless all other parties
239239 23 to such agreement certify that the information obtained will
240240 24 not be used for civil immigration purposes or knowingly
241241 25 disseminated to any third party for any purpose related to
242242 26 civil immigration enforcement.
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253253 1 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
254254 2 Section 15. The Illinois Vehicle Code is amended by
255255 3 changing Section 6-110.3 as follows:
256256 4 (625 ILCS 5/6-110.3)
257257 5 Sec. 6-110.3. Restrictions on use of information for
258258 6 certain purposes.
259259 7 (a) Notwithstanding any other provision of law, the
260260 8 Secretary may not release or make accessible in any manner any
261261 9 highly restricted personal information as defined in Section
262262 10 1-125.9 or personally identifying information as defined in
263263 11 Section 1-159.2, provide images, photos, or facial recognition
264264 12 services as described in Section 6-110.1, or disclose
265265 13 documents as described in Section 6-110.2 to any immigration
266266 14 agent as defined in Section 10 of the Illinois TRUST Act,
267267 15 unless necessary to comply with the following, to the extent
268268 16 that production of such information or documents is
269269 17 specifically required:
270270 18 (1) a lawful court order;
271271 19 (2) a judicial warrant signed by a judge appointed
272272 20 pursuant to Article III of the Constitution of the United
273273 21 States; or
274274 22 (3) a subpoena for individual records issued by a
275275 23 federal or State court.
276276 24 When responding to such a court order, warrant, or
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287287 1 subpoena, the Secretary shall disclose only those documents or
288288 2 information specifically requested. Within 3 business days of
289289 3 receiving such a court order, warrant, or subpoena, the
290290 4 Secretary shall send a notification to the individual about
291291 5 whom such information was requested that a court order,
292292 6 warrant, or subpoena was received and the identity of the
293293 7 entity that presented the court order, warrant, or subpoena.
294294 8 As used in this subsection (a), "immigration agent" means
295295 9 an agent of federal Immigration and Customs Enforcement,
296296 10 federal Customs and Border Protection, or any similar or
297297 11 successor agency.
298298 12 (b) The Secretary shall not enter into or maintain any
299299 13 agreement regarding the sharing of any highly restricted
300300 14 personal information as defined in Section 1-125.9, personally
301301 15 identifying information as defined in Section 1-159.2, images
302302 16 or photos described in Section 6-110.1, or documents described
303303 17 in Section 6-110.2 unless all other parties to such agreement
304304 18 certify that the information obtained will not be used for
305305 19 civil immigration purposes or knowingly disseminated to any
306306 20 third party for any purpose related to civil immigration
307307 21 enforcement.
308308 22 (Source: P.A. 103-210, eff. 7-1-24.)
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