104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately. LRB104 06726 RLC 16762 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately. LRB104 06726 RLC 16762 b LRB104 06726 RLC 16762 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110
New Act
5 ILCS 140/7
10 ILCS 5/10-10.3 new
15 ILCS 335/4
15 ILCS 335/5
625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110
Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately.
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LRB104 06726 RLC 16762 b
A BILL FOR
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HB1468 LRB104 06726 RLC 16762 b
1 AN ACT concerning privacy.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Public
5 Safety and Justice Privacy Act.
6 Section 5. Definitions. As used in this Act:
7 "Assistant Public Defender" and "Assistant State's
8 Attorney" have the meanings given to those terms in Section 15
9 of the Public Interest Attorney Assistance Act.
10 "First responder" means a law enforcement officer or
11 fireman as defined in Section 2 of the Line of Duty
12 Compensation Act, an "emergency medical technician (EMT)" as
13 defined in Section 3.50 of the Emergency Medical Services
14 (EMS) Systems Act, and any other person who is at least 18
15 years of age who has successfully completed a course of
16 instruction in emergency medical responder first response as
17 prescribed by the Illinois Department of Public Health, and
18 who provides first response services prior to the arrival of
19 an ambulance or specialized emergency medical services
20 vehicle, in accordance with the level of care established in
21 the emergency medical responder first response course.
22 "Governmental agency", "personal information", "publicly
23 available content", and "publicly post" or "publicly display"
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110
New Act
5 ILCS 140/7
10 ILCS 5/10-10.3 new
15 ILCS 335/4
15 ILCS 335/5
625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110
Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately.
LRB104 06726 RLC 16762 b LRB104 06726 RLC 16762 b
LRB104 06726 RLC 16762 b
A BILL FOR
New Act
5 ILCS 140/7
10 ILCS 5/10-10.3 new
15 ILCS 335/4
15 ILCS 335/5
625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110
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1 have the meanings given to those terms in 1-10 of Judicial
2 Privacy Act.
3 "Home address" includes an official's permanent residence
4 and any secondary residences affirmatively identified by the
5 official, but does not include an official's work address.
6 "Immediate family" includes an official's spouse, child,
7 parent, or any blood relative of the official or the
8 official's spouse who lives in the same residence.
9 "Official" includes:
10 (1) First responder.
11 (2) Member or former member of the Illinois General
12 Assembly.
13 (3) Prosecutor.
14 (4) Public defender.
15 (5) Probation officer.
16 "Probation officer" has the meaning given to that term in
17 Section 9b of the Probation and Probation Officers Act.
18 "Prosecutor" means a State's Attorney, Assistant State's
19 Attorney, or a prosecutor for a unit of local government.
20 "Public defender" means a Public Defender or an Assistant
21 Public Defender.
22 "Written request" means written notice signed by an
23 official or a representative of the official's employer
24 requesting a governmental agency, person, business, or
25 association to refrain from posting or displaying publicly
26 available content that includes the official's personal
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1 information.
2 Section 10. Publicly posting or displaying an official's
3 personal information by governmental agencies.
4 (a) Governmental agencies shall not publicly post or
5 display publicly available content that includes an official's
6 personal information if the governmental agency has received a
7 written request in accordance with Section 20 that it refrain
8 from disclosing the official's personal information. After a
9 governmental agency has received a written request, that
10 agency shall remove the official's personal information from
11 publicly available content within 5 business days. After the
12 governmental agency has removed the official's personal
13 information from publicly available content, the agency shall
14 not publicly post or display the information and the
15 official's personal information shall be exempt from the
16 Freedom of Information Act, unless the governmental agency has
17 received consent from the official to make the personal
18 information available to the public.
19 (b) If a governmental agency fails to comply with a
20 written request to refrain from disclosing personal
21 information, the official may bring an action in the circuit
22 court seeking injunctive or declaratory relief.
23 Section 15. Publicly posting an official's personal
24 information on the Internet by persons, businesses, and
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1 associations.
2 (a) Prohibited Conduct.
3 (1) All persons, businesses, and associations shall
4 refrain from publicly posting or displaying on the
5 Internet publicly available content that includes an
6 official's personal information if the official has made a
7 written request to the person, business, or association
8 that it refrain from disclosing the personal information.
9 (2) No person, business, or association shall solicit,
10 sell, or trade on the Internet an official's personal
11 information with the intent to pose an imminent and
12 serious threat to the health and safety of the official or
13 the official's immediate family.
14 (3) This subsection includes, but is not limited to,
15 Internet phone directories, Internet search engines,
16 Internet data aggregators, and Internet service providers.
17 (b) Required Conduct.
18 (1) After a person, business, or association has
19 received a written request from an official to protect the
20 privacy of the officer's personal information, that
21 person, business, or association shall have 72 hours to
22 remove the personal information from the Internet.
23 (2) After a person, business, or association has
24 received a written request from an official, that person,
25 business, or association shall ensure that the official's
26 personal information is not made available on any website
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1 or subsidiary website controlled by that person, business,
2 or association.
3 (3) After receiving an official's written request, no
4 person, business, or association shall transfer the
5 official's personal information to any other person,
6 business, or association through any medium.
7 (c) Redress. An official whose personal information is
8 made public as a result of a violation of this Section may
9 bring an action in the circuit court seeking injunctive or
10 declaratory relief. If the court grants injunctive or
11 declaratory relief, the person, business, or association
12 responsible for the violation shall be required to pay the
13 official's costs and reasonable attorney's fees.
14 Section 20. Procedure for completing a written request.
15 (a) No governmental agency, person, business, or
16 association shall be found to have violated any provision of
17 this Act if the official fails to submit a written request
18 calling for the protection of the officer's personal
19 information.
20 (b) A written request is valid if:
21 (1) the official sends a written request directly to
22 the governmental agency, person, business, or association;
23 or
24 (2) the Secretary of State creates a policy and
25 procedure for an official to file a written request with
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1 the Secretary of State to notify governmental agencies and
2 the official sends the written request to the Secretary of
3 State as provided in the policy and procedure. In each
4 quarter of a calendar year, the Secretary of State shall
5 provide to the appropriate officer with ultimate
6 supervisory authority for a governmental agency a list of
7 all officials who have submitted a written request to the
8 Secretary of State. The officer shall promptly provide a
9 copy of the list to any and all governmental agencies
10 under the officer's supervision. Receipt by a governmental
11 agency of the written request list compiled by the
12 Secretary of State shall constitute a written request to
13 that agency for the purposes of this Act.
14 (c) A representative from the official's employer may
15 submit a written request on the official's behalf if the
16 official gives written consent to the representative and the
17 representative agrees to furnish a copy of that consent when a
18 written request is made. The representative shall submit the
19 written request as provided in subsection (b).
20 (d) An official's written request shall specify what
21 personal information shall be maintained private.
22 If an official wishes to identify a secondary residence as
23 a home address, the designation shall be made in the written
24 request.
25 An official shall disclose the identity of the officer's
26 immediate family and indicate that the personal information of
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1 these family members shall also be excluded to the extent that
2 it could reasonably be expected to reveal the personal
3 information of the official.
4 (e) An official's written request is valid until the
5 official provides the governmental agency, person, business,
6 or association with written permission to release the private
7 information. An official's written request expires on death.
8 Section 25. Unlawful publication of personal information.
9 (a) It is unlawful for any person to knowingly and
10 publicly post on the Internet the personal information of an
11 official or of the official's immediate family if the person
12 knows or reasonably should know that publicly posting the
13 personal information poses an imminent and serious threat to
14 the health and safety of the official or the official's
15 immediate family and the violation is a proximate cause of
16 bodily injury or death of the official or a member of the
17 official's immediate family. A person who violates this
18 Section is guilty of a Class 3 felony.
19 (b) If an employee of a governmental agency has complied
20 with the provisions of this Act, it is not a violation of
21 subsection (a) if the employee publishes personal information,
22 in good faith, on the website of the governmental agency in the
23 ordinary course of carrying out public functions.
24 Section 30. Construction. This Act and any rules adopted
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1 to implement this Act shall be construed broadly to favor the
2 protection of the personal information of officials.
3 Section 100. The Freedom of Information Act is amended by
4 changing Section 7 as follows:
5 (5 ILCS 140/7)
6 Sec. 7. Exemptions.
7 (1) When a request is made to inspect or copy a public
8 record that contains information that is exempt from
9 disclosure under this Section, but also contains information
10 that is not exempt from disclosure, the public body may elect
11 to redact the information that is exempt. The public body
12 shall make the remaining information available for inspection
13 and copying. Subject to this requirement, the following shall
14 be exempt from inspection and copying:
15 (a) Information specifically prohibited from
16 disclosure by federal or State law or rules and
17 regulations implementing federal or State law.
18 (b) Private information, unless disclosure is required
19 by another provision of this Act, a State or federal law,
20 or a court order.
21 (b-5) Files, documents, and other data or databases
22 maintained by one or more law enforcement agencies and
23 specifically designed to provide information to one or
24 more law enforcement agencies regarding the physical or
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1 mental status of one or more individual subjects.
2 (c) Personal information contained within public
3 records, the disclosure of which would constitute a
4 clearly unwarranted invasion of personal privacy, unless
5 the disclosure is consented to in writing by the
6 individual subjects of the information. "Unwarranted
7 invasion of personal privacy" means the disclosure of
8 information that is highly personal or objectionable to a
9 reasonable person and in which the subject's right to
10 privacy outweighs any legitimate public interest in
11 obtaining the information. The disclosure of information
12 that bears on the public duties of public employees and
13 officials shall not be considered an invasion of personal
14 privacy.
15 (d) Records in the possession of any public body
16 created in the course of administrative enforcement
17 proceedings, and any law enforcement or correctional
18 agency for law enforcement purposes, but only to the
19 extent that disclosure would:
20 (i) interfere with pending or actually and
21 reasonably contemplated law enforcement proceedings
22 conducted by any law enforcement or correctional
23 agency that is the recipient of the request;
24 (ii) interfere with active administrative
25 enforcement proceedings conducted by the public body
26 that is the recipient of the request;
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1 (iii) create a substantial likelihood that a
2 person will be deprived of a fair trial or an impartial
3 hearing;
4 (iv) unavoidably disclose the identity of a
5 confidential source, confidential information
6 furnished only by the confidential source, or persons
7 who file complaints with or provide information to
8 administrative, investigative, law enforcement, or
9 penal agencies; except that the identities of
10 witnesses to traffic crashes, traffic crash reports,
11 and rescue reports shall be provided by agencies of
12 local government, except when disclosure would
13 interfere with an active criminal investigation
14 conducted by the agency that is the recipient of the
15 request;
16 (v) disclose unique or specialized investigative
17 techniques other than those generally used and known
18 or disclose internal documents of correctional
19 agencies related to detection, observation, or
20 investigation of incidents of crime or misconduct, and
21 disclosure would result in demonstrable harm to the
22 agency or public body that is the recipient of the
23 request;
24 (vi) endanger the life or physical safety of law
25 enforcement personnel or any other person; or
26 (vii) obstruct an ongoing criminal investigation
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1 by the agency that is the recipient of the request.
2 (d-5) A law enforcement record created for law
3 enforcement purposes and contained in a shared electronic
4 record management system if the law enforcement agency
5 that is the recipient of the request did not create the
6 record, did not participate in or have a role in any of the
7 events which are the subject of the record, and only has
8 access to the record through the shared electronic record
9 management system.
10 (d-6) Records contained in the Officer Professional
11 Conduct Database under Section 9.2 of the Illinois Police
12 Training Act, except to the extent authorized under that
13 Section. This includes the documents supplied to the
14 Illinois Law Enforcement Training Standards Board from the
15 Illinois State Police and Illinois State Police Merit
16 Board.
17 (d-7) Information gathered or records created from the
18 use of automatic license plate readers in connection with
19 Section 2-130 of the Illinois Vehicle Code.
20 (e) Records that relate to or affect the security of
21 correctional institutions and detention facilities.
22 (e-5) Records requested by persons committed to the
23 Department of Corrections, Department of Human Services
24 Division of Mental Health, or a county jail if those
25 materials are available in the library of the correctional
26 institution or facility or jail where the inmate is
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1 confined.
2 (e-6) Records requested by persons committed to the
3 Department of Corrections, Department of Human Services
4 Division of Mental Health, or a county jail if those
5 materials include records from staff members' personnel
6 files, staff rosters, or other staffing assignment
7 information.
8 (e-7) Records requested by persons committed to the
9 Department of Corrections or Department of Human Services
10 Division of Mental Health if those materials are available
11 through an administrative request to the Department of
12 Corrections or Department of Human Services Division of
13 Mental Health.
14 (e-8) Records requested by a person committed to the
15 Department of Corrections, Department of Human Services
16 Division of Mental Health, or a county jail, the
17 disclosure of which would result in the risk of harm to any
18 person or the risk of an escape from a jail or correctional
19 institution or facility.
20 (e-9) Records requested by a person in a county jail
21 or committed to the Department of Corrections or
22 Department of Human Services Division of Mental Health,
23 containing personal information pertaining to the person's
24 victim or the victim's family, including, but not limited
25 to, a victim's home address, home telephone number, work
26 or school address, work telephone number, social security
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1 number, or any other identifying information, except as
2 may be relevant to a requester's current or potential case
3 or claim.
4 (e-10) Law enforcement records of other persons
5 requested by a person committed to the Department of
6 Corrections, Department of Human Services Division of
7 Mental Health, or a county jail, including, but not
8 limited to, arrest and booking records, mug shots, and
9 crime scene photographs, except as these records may be
10 relevant to the requester's current or potential case or
11 claim.
12 (f) Preliminary drafts, notes, recommendations,
13 memoranda, and other records in which opinions are
14 expressed, or policies or actions are formulated, except
15 that a specific record or relevant portion of a record
16 shall not be exempt when the record is publicly cited and
17 identified by the head of the public body. The exemption
18 provided in this paragraph (f) extends to all those
19 records of officers and agencies of the General Assembly
20 that pertain to the preparation of legislative documents.
21 (g) Trade secrets and commercial or financial
22 information obtained from a person or business where the
23 trade secrets or commercial or financial information are
24 furnished under a claim that they are proprietary,
25 privileged, or confidential, and that disclosure of the
26 trade secrets or commercial or financial information would
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1 cause competitive harm to the person or business, and only
2 insofar as the claim directly applies to the records
3 requested.
4 The information included under this exemption includes
5 all trade secrets and commercial or financial information
6 obtained by a public body, including a public pension
7 fund, from a private equity fund or a privately held
8 company within the investment portfolio of a private
9 equity fund as a result of either investing or evaluating
10 a potential investment of public funds in a private equity
11 fund. The exemption contained in this item does not apply
12 to the aggregate financial performance information of a
13 private equity fund, nor to the identity of the fund's
14 managers or general partners. The exemption contained in
15 this item does not apply to the identity of a privately
16 held company within the investment portfolio of a private
17 equity fund, unless the disclosure of the identity of a
18 privately held company may cause competitive harm.
19 Nothing contained in this paragraph (g) shall be
20 construed to prevent a person or business from consenting
21 to disclosure.
22 (h) Proposals and bids for any contract, grant, or
23 agreement, including information which if it were
24 disclosed would frustrate procurement or give an advantage
25 to any person proposing to enter into a contractor
26 agreement with the body, until an award or final selection
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1 is made. Information prepared by or for the body in
2 preparation of a bid solicitation shall be exempt until an
3 award or final selection is made.
4 (i) Valuable formulae, computer geographic systems,
5 designs, drawings, and research data obtained or produced
6 by any public body when disclosure could reasonably be
7 expected to produce private gain or public loss. The
8 exemption for "computer geographic systems" provided in
9 this paragraph (i) does not extend to requests made by
10 news media as defined in Section 2 of this Act when the
11 requested information is not otherwise exempt and the only
12 purpose of the request is to access and disseminate
13 information regarding the health, safety, welfare, or
14 legal rights of the general public.
15 (j) The following information pertaining to
16 educational matters:
17 (i) test questions, scoring keys, and other
18 examination data used to administer an academic
19 examination;
20 (ii) information received by a primary or
21 secondary school, college, or university under its
22 procedures for the evaluation of faculty members by
23 their academic peers;
24 (iii) information concerning a school or
25 university's adjudication of student disciplinary
26 cases, but only to the extent that disclosure would
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1 unavoidably reveal the identity of the student; and
2 (iv) course materials or research materials used
3 by faculty members.
4 (k) Architects' plans, engineers' technical
5 submissions, and other construction related technical
6 documents for projects not constructed or developed in
7 whole or in part with public funds and the same for
8 projects constructed or developed with public funds,
9 including, but not limited to, power generating and
10 distribution stations and other transmission and
11 distribution facilities, water treatment facilities,
12 airport facilities, sport stadiums, convention centers,
13 and all government owned, operated, or occupied buildings,
14 but only to the extent that disclosure would compromise
15 security.
16 (l) Minutes of meetings of public bodies closed to the
17 public as provided in the Open Meetings Act until the
18 public body makes the minutes available to the public
19 under Section 2.06 of the Open Meetings Act.
20 (m) Communications between a public body and an
21 attorney or auditor representing the public body that
22 would not be subject to discovery in litigation, and
23 materials prepared or compiled by or for a public body in
24 anticipation of a criminal, civil, or administrative
25 proceeding upon the request of an attorney advising the
26 public body, and materials prepared or compiled with
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1 respect to internal audits of public bodies.
2 (n) Records relating to a public body's adjudication
3 of employee grievances or disciplinary cases; however,
4 this exemption shall not extend to the final outcome of
5 cases in which discipline is imposed.
6 (o) Administrative or technical information associated
7 with automated data processing operations, including, but
8 not limited to, software, operating protocols, computer
9 program abstracts, file layouts, source listings, object
10 modules, load modules, user guides, documentation
11 pertaining to all logical and physical design of
12 computerized systems, employee manuals, and any other
13 information that, if disclosed, would jeopardize the
14 security of the system or its data or the security of
15 materials exempt under this Section.
16 (p) Records relating to collective negotiating matters
17 between public bodies and their employees or
18 representatives, except that any final contract or
19 agreement shall be subject to inspection and copying.
20 (q) Test questions, scoring keys, and other
21 examination data used to determine the qualifications of
22 an applicant for a license or employment.
23 (r) The records, documents, and information relating
24 to real estate purchase negotiations until those
25 negotiations have been completed or otherwise terminated.
26 With regard to a parcel involved in a pending or actually
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1 and reasonably contemplated eminent domain proceeding
2 under the Eminent Domain Act, records, documents, and
3 information relating to that parcel shall be exempt except
4 as may be allowed under discovery rules adopted by the
5 Illinois Supreme Court. The records, documents, and
6 information relating to a real estate sale shall be exempt
7 until a sale is consummated.
8 (s) Any and all proprietary information and records
9 related to the operation of an intergovernmental risk
10 management association or self-insurance pool or jointly
11 self-administered health and accident cooperative or pool.
12 Insurance or self-insurance (including any
13 intergovernmental risk management association or
14 self-insurance pool) claims, loss or risk management
15 information, records, data, advice, or communications.
16 (t) Information contained in or related to
17 examination, operating, or condition reports prepared by,
18 on behalf of, or for the use of a public body responsible
19 for the regulation or supervision of financial
20 institutions, insurance companies, or pharmacy benefit
21 managers, unless disclosure is otherwise required by State
22 law.
23 (u) Information that would disclose or might lead to
24 the disclosure of secret or confidential information,
25 codes, algorithms, programs, or private keys intended to
26 be used to create electronic signatures under the Uniform
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1 Electronic Transactions Act.
2 (v) Vulnerability assessments, security measures, and
3 response policies or plans that are designed to identify,
4 prevent, or respond to potential attacks upon a
5 community's population or systems, facilities, or
6 installations, but only to the extent that disclosure
7 could reasonably be expected to expose the vulnerability
8 or jeopardize the effectiveness of the measures, policies,
9 or plans, or the safety of the personnel who implement
10 them or the public. Information exempt under this item may
11 include such things as details pertaining to the
12 mobilization or deployment of personnel or equipment, to
13 the operation of communication systems or protocols, to
14 cybersecurity vulnerabilities, or to tactical operations.
15 (w) (Blank).
16 (x) Maps and other records regarding the location or
17 security of generation, transmission, distribution,
18 storage, gathering, treatment, or switching facilities
19 owned by a utility, by a power generator, or by the
20 Illinois Power Agency.
21 (y) Information contained in or related to proposals,
22 bids, or negotiations related to electric power
23 procurement under Section 1-75 of the Illinois Power
24 Agency Act and Section 16-111.5 of the Public Utilities
25 Act that is determined to be confidential and proprietary
26 by the Illinois Power Agency or by the Illinois Commerce
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1 Commission.
2 (z) Information about students exempted from
3 disclosure under Section 10-20.38 or 34-18.29 of the
4 School Code, and information about undergraduate students
5 enrolled at an institution of higher education exempted
6 from disclosure under Section 25 of the Illinois Credit
7 Card Marketing Act of 2009.
8 (aa) Information the disclosure of which is exempted
9 under the Viatical Settlements Act of 2009.
10 (bb) Records and information provided to a mortality
11 review team and records maintained by a mortality review
12 team appointed under the Department of Juvenile Justice
13 Mortality Review Team Act.
14 (cc) Information regarding interments, entombments, or
15 inurnments of human remains that are submitted to the
16 Cemetery Oversight Database under the Cemetery Care Act or
17 the Cemetery Oversight Act, whichever is applicable.
18 (dd) Correspondence and records (i) that may not be
19 disclosed under Section 11-9 of the Illinois Public Aid
20 Code or (ii) that pertain to appeals under Section 11-8 of
21 the Illinois Public Aid Code.
22 (ee) The names, addresses, or other personal
23 information of persons who are minors and are also
24 participants and registrants in programs of park
25 districts, forest preserve districts, conservation
26 districts, recreation agencies, and special recreation
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1 associations.
2 (ff) The names, addresses, or other personal
3 information of participants and registrants in programs of
4 park districts, forest preserve districts, conservation
5 districts, recreation agencies, and special recreation
6 associations where such programs are targeted primarily to
7 minors.
8 (gg) Confidential information described in Section
9 1-100 of the Illinois Independent Tax Tribunal Act of
10 2012.
11 (hh) The report submitted to the State Board of
12 Education by the School Security and Standards Task Force
13 under item (8) of subsection (d) of Section 2-3.160 of the
14 School Code and any information contained in that report.
15 (ii) Records requested by persons committed to or
16 detained by the Department of Human Services under the
17 Sexually Violent Persons Commitment Act or committed to
18 the Department of Corrections under the Sexually Dangerous
19 Persons Act if those materials: (i) are available in the
20 library of the facility where the individual is confined;
21 (ii) include records from staff members' personnel files,
22 staff rosters, or other staffing assignment information;
23 or (iii) are available through an administrative request
24 to the Department of Human Services or the Department of
25 Corrections.
26 (jj) Confidential information described in Section
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1 5-535 of the Civil Administrative Code of Illinois.
2 (kk) The public body's credit card numbers, debit card
3 numbers, bank account numbers, Federal Employer
4 Identification Number, security code numbers, passwords,
5 and similar account information, the disclosure of which
6 could result in identity theft or impression or defrauding
7 of a governmental entity or a person.
8 (ll) Records concerning the work of the threat
9 assessment team of a school district, including, but not
10 limited to, any threat assessment procedure under the
11 School Safety Drill Act and any information contained in
12 the procedure.
13 (mm) Information prohibited from being disclosed under
14 subsections (a) and (b) of Section 15 of the Student
15 Confidential Reporting Act.
16 (nn) Proprietary information submitted to the
17 Environmental Protection Agency under the Drug Take-Back
18 Act.
19 (oo) Records described in subsection (f) of Section
20 3-5-1 of the Unified Code of Corrections.
21 (pp) Any and all information regarding burials,
22 interments, or entombments of human remains as required to
23 be reported to the Department of Natural Resources
24 pursuant either to the Archaeological and Paleontological
25 Resources Protection Act or the Human Remains Protection
26 Act.
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1 (qq) Reports described in subsection (e) of Section
2 16-15 of the Abortion Care Clinical Training Program Act.
3 (rr) Information obtained by a certified local health
4 department under the Access to Public Health Data Act.
5 (ss) For a request directed to a public body that is
6 also a HIPAA-covered entity, all information that is
7 protected health information, including demographic
8 information, that may be contained within or extracted
9 from any record held by the public body in compliance with
10 State and federal medical privacy laws and regulations,
11 including, but not limited to, the Health Insurance
12 Portability and Accountability Act and its regulations, 45
13 CFR Parts 160 and 164. As used in this paragraph,
14 "HIPAA-covered entity" has the meaning given to the term
15 "covered entity" in 45 CFR 160.103 and "protected health
16 information" has the meaning given to that term in 45 CFR
17 160.103.
18 (tt) Proposals or bids submitted by engineering
19 consultants in response to requests for proposal or other
20 competitive bidding requests by the Department of
21 Transportation or the Illinois Toll Highway Authority.
22 (1.5) Any information exempt from disclosure under the
23 Judicial Privacy Act and the Public Safety and Justice Privacy
24 Act shall be redacted from public records prior to disclosure
25 under this Act.
26 (2) A public record that is not in the possession of a
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1 public body but is in the possession of a party with whom the
2 agency has contracted to perform a governmental function on
3 behalf of the public body, and that directly relates to the
4 governmental function and is not otherwise exempt under this
5 Act, shall be considered a public record of the public body,
6 for purposes of this Act.
7 (3) This Section does not authorize withholding of
8 information or limit the availability of records to the
9 public, except as stated in this Section or otherwise provided
10 in this Act.
11 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
12 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
13 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
14 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
15 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
16 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
17 eff. 7-1-24; 103-865, eff. 1-1-25.)
18 Section 105. The Election Code is amended by adding
19 Section 10-10.3 as follows:
20 (10 ILCS 5/10-10.3 new)
21 Sec. 10-10.3. Removal of an official's address information
22 from the certificate of nomination or nomination papers.
23 (a) As used in this Section, "home address" and "official"
24 have the meanings given to those terms in Section 5 of the
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1 Public Safety and Justice Privacy Act.
2 (b) Upon expiration of the period for filing an objection
3 to an official's certificate of nomination or nomination
4 papers, an official who is a candidate may file a written
5 request with the State Board of Elections for redaction of the
6 official's home address information from the official's
7 certificate of nomination or nomination papers. After receipt
8 of the official's written request, the State Board of
9 Elections shall redact or cause redaction of the official's
10 home address from the official's certificate of nomination or
11 nomination papers within 5 business days.
12 (c) Prior to expiration of the period for filing an
13 objection to an official's certificate of nomination or
14 nomination papers, the home address information from the
15 certificate of nomination or nomination papers of an official
16 who is a candidate is available for public inspection. After
17 redaction of an official's home address information under
18 subsection (b), the home address information is available only
19 for in camera inspection by the court reviewing an objection
20 to the official's certificate of nomination or nomination
21 papers.
22 Section 110. The Illinois Identification Card Act is
23 amended by changing Sections 4 and 5 as follows:
24 (15 ILCS 335/4)
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1 Sec. 4. Identification card.
2 (a) In accordance with the requirements of this Section,
3 the Secretary of State shall issue a standard Illinois
4 Identification Card, as well as a mobile Illinois
5 Identification Card, to any natural person who is a resident
6 of the State of Illinois who applies for such a card, or
7 renewal thereof. No identification card shall be issued to any
8 person who holds a valid foreign state identification card,
9 license, or permit unless the person first surrenders to the
10 Secretary of State the valid foreign state identification
11 card, license, or permit. The card shall be prepared and
12 supplied by the Secretary of State and shall include a
13 photograph and signature or mark of the applicant. However,
14 the Secretary of State may provide by rule for the issuance of
15 Illinois Identification Cards without photographs if the
16 applicant has a bona fide religious objection to being
17 photographed or to the display of his or her photograph. The
18 Illinois Identification Card may be used for identification
19 purposes in any lawful situation only by the person to whom it
20 was issued. As used in this Act, "photograph" means any color
21 photograph or digitally produced and captured image of an
22 applicant for an identification card. As used in this Act,
23 "signature" means the name of a person as written by that
24 person and captured in a manner acceptable to the Secretary of
25 State.
26 (a-5) If an applicant for an identification card has a
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1 current driver's license or instruction permit issued by the
2 Secretary of State, the Secretary may require the applicant to
3 utilize the same residence address and name on the
4 identification card, driver's license, and instruction permit
5 records maintained by the Secretary. The Secretary may
6 promulgate rules to implement this provision.
7 (a-10) If the applicant is a judicial officer as defined
8 in Section 1-10 of the Judicial Privacy Act, an official as
9 defined in Section 5 of the Public Safety and Justice Privacy
10 Act, or a peace officer, the applicant may elect to have his or
11 her office or work address listed on the card instead of the
12 applicant's residence or mailing address. The Secretary may
13 promulgate rules to implement this provision. For the purposes
14 of this subsection (a-10), "peace officer" means any person
15 who by virtue of his or her office or public employment is
16 vested by law with a duty to maintain public order or to make
17 arrests for a violation of any penal statute of this State,
18 whether that duty extends to all violations or is limited to
19 specific violations.
20 (a-15) The Secretary of State may provide for an expedited
21 process for the issuance of an Illinois Identification Card.
22 The Secretary shall charge an additional fee for the expedited
23 issuance of an Illinois Identification Card, to be set by
24 rule, not to exceed $75. All fees collected by the Secretary
25 for expedited Illinois Identification Card service shall be
26 deposited into the Secretary of State Special Services Fund.
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1 The Secretary may adopt rules regarding the eligibility,
2 process, and fee for an expedited Illinois Identification
3 Card. If the Secretary of State determines that the volume of
4 expedited identification card requests received on a given day
5 exceeds the ability of the Secretary to process those requests
6 in an expedited manner, the Secretary may decline to provide
7 expedited services, and the additional fee for the expedited
8 service shall be refunded to the applicant.
9 (a-20) The Secretary of State shall issue a standard
10 Illinois Identification Card to a person committed to the
11 Department of Corrections, the Department of Juvenile Justice,
12 a Federal Bureau of Prisons facility located in Illinois, or a
13 county jail or county department of corrections as follows: if
14 the person has a social security number,
15 (1) A committed person who has previously held an
16 Illinois Identification Card or an Illinois driver's
17 license shall submit an Identification Card verification
18 form to the Secretary of State, including a photograph
19 taken by the correctional facility, proof of residency
20 upon discharge, and a social security number, if the
21 committed person has a social security number. If the
22 committed person does not have a social security number
23 and is eligible for a social security number, the
24 Secretary of State shall not issue a standard Illinois
25 Identification Card until the committed person obtains a
26 social security number. If the committed person's
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1 photograph and demographic information matches an existing
2 Illinois Identification Card or Illinois driver's license
3 and the Secretary of State verifies the applicant's social
4 security number with the Social Security Administration,
5 the Secretary of State shall issue the committed person a
6 standard Illinois Identification Card. If the photograph
7 or demographic information matches an existing Illinois
8 Identification Card or Illinois driver's license in
9 another person's name or identity, a standard Illinois
10 Identification Card shall not be issued until the
11 committed person submits a certified birth certificate and
12 social security card to the Secretary of State and the
13 Secretary of State verifies the identity of the committed
14 person. If the Secretary of State cannot find a match to an
15 existing Illinois Identification Card or Illinois driver's
16 license, the committed person may apply for a standard
17 Illinois Identification card as described in paragraph
18 (2).
19 (2) A committed person who has not previously held an
20 Illinois Identification Card or Illinois driver's license
21 or for whom a match cannot be found as described in
22 paragraph (1) shall submit an Illinois Identification Card
23 verification form, including a photograph taken by the
24 correctional facility, a certified birth certificate,
25 proof of residency upon discharge, and a social security
26 number, if the committed has a social security number. If
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1 the committed person does not have a social security
2 number and is eligible for a social security number, the
3 Secretary of State shall not issue a standard Illinois
4 Identification Card until the committed person obtains a
5 social security number. If the Secretary of State verifies
6 the applicant's social security number with the Social
7 Security Administration, the Secretary of State shall
8 issue the committed person a standard Illinois
9 Identification Card.
10 The Illinois Identification Card verification form
11 described in this subsection shall be prescribed by the
12 Secretary of State. The Secretary of State and correctional
13 facilities in this State shall establish a secure method to
14 transfer the form.
15 (a-25) The Secretary of State shall issue a limited-term
16 Illinois Identification Card valid for 90 days to a committed
17 person upon release on parole, mandatory supervised release,
18 aftercare release, final discharge, or pardon from the
19 Department of Corrections, the Department of Juvenile Justice,
20 a Federal Bureau of Prisons facility located in Illinois, or a
21 county jail or county department of corrections, if the
22 released person does not obtain a standard Illinois
23 Identification Card as described in subsection (a-20) prior to
24 release but does present a Secretary of State prescribed
25 Identification Card verification form completed by the
26 correctional facility, verifying the released person's date of
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1 birth, social security number, if the person has a social
2 security number, and his or her Illinois residence address.
3 The verification form must have been completed no more than 30
4 days prior to the date of application for the Illinois
5 Identification Card.
6 Prior to the expiration of the 90-day period of the
7 limited-term Illinois Identification Card, if the released
8 person submits to the Secretary of State a certified copy of
9 his or her birth certificate and his or her social security
10 card, if the person has a social security number, or other
11 documents authorized by the Secretary, a standard Illinois
12 Identification Card shall be issued. A limited-term Illinois
13 Identification Card may not be renewed.
14 This subsection shall not apply to a released person who
15 was unable to obtain a standard Illinois Identification Card
16 because his or her photograph or demographic information
17 matched an existing Illinois Identification Card or Illinois
18 driver's license in another person's name or identity or to a
19 released person who does not have a social security number and
20 is eligible for a social security number.
21 (a-30) The Secretary of State shall issue a standard
22 Illinois Identification Card to a person upon conditional
23 release or absolute discharge from the custody of the
24 Department of Human Services, if the person presents a
25 certified copy of his or her birth certificate, social
26 security card, if the person has a social security number, or
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1 other documents authorized by the Secretary, and a document
2 proving his or her Illinois residence address. The Secretary
3 of State shall issue a standard Illinois Identification Card
4 to a person prior to his or her conditional release or absolute
5 discharge if personnel from the Department of Human Services
6 bring the person to a Secretary of State location with the
7 required documents. Documents proving residence address may
8 include any official document of the Department of Human
9 Services showing the person's address after release and a
10 Secretary of State prescribed verification form, which may be
11 executed by personnel of the Department of Human Services.
12 (a-35) The Secretary of State shall issue a limited-term
13 Illinois Identification Card valid for 90 days to a person
14 upon conditional release or absolute discharge from the
15 custody of the Department of Human Services, if the person is
16 unable to present a certified copy of his or her birth
17 certificate and social security card, if the person has a
18 social security number, or other documents authorized by the
19 Secretary, but does present a Secretary of State prescribed
20 verification form completed by the Department of Human
21 Services, verifying the person's date of birth and social
22 security number, if the person has a social security number,
23 and a document proving his or her Illinois residence address.
24 The verification form must have been completed no more than 30
25 days prior to the date of application for the Illinois
26 Identification Card. The Secretary of State shall issue a
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1 limited-term Illinois Identification Card to a person no
2 sooner than 14 days prior to his or her conditional release or
3 absolute discharge if personnel from the Department of Human
4 Services bring the person to a Secretary of State location
5 with the required documents. Documents proving residence
6 address shall include any official document of the Department
7 of Human Services showing the person's address after release
8 and a Secretary of State prescribed verification form, which
9 may be executed by personnel of the Department of Human
10 Services.
11 (b) The Secretary of State shall issue a special Illinois
12 Identification Card, which shall be known as an Illinois
13 Person with a Disability Identification Card, to any natural
14 person who is a resident of the State of Illinois, who is a
15 person with a disability as defined in Section 4A of this Act,
16 who applies for such card, or renewal thereof. No Illinois
17 Person with a Disability Identification Card shall be issued
18 to any person who holds a valid foreign state identification
19 card, license, or permit unless the person first surrenders to
20 the Secretary of State the valid foreign state identification
21 card, license, or permit. The Secretary of State shall charge
22 no fee to issue such card. The card shall be prepared and
23 supplied by the Secretary of State, and shall include a
24 photograph and signature or mark of the applicant, a
25 designation indicating that the card is an Illinois Person
26 with a Disability Identification Card, and shall include a
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1 comprehensible designation of the type and classification of
2 the applicant's disability as set out in Section 4A of this
3 Act. However, the Secretary of State may provide by rule for
4 the issuance of Illinois Person with a Disability
5 Identification Cards without photographs if the applicant has
6 a bona fide religious objection to being photographed or to
7 the display of his or her photograph. If the applicant so
8 requests, the card shall include a description of the
9 applicant's disability and any information about the
10 applicant's disability or medical history which the Secretary
11 determines would be helpful to the applicant in securing
12 emergency medical care. If a mark is used in lieu of a
13 signature, such mark shall be affixed to the card in the
14 presence of 2 two witnesses who attest to the authenticity of
15 the mark. The Illinois Person with a Disability Identification
16 Card may be used for identification purposes in any lawful
17 situation by the person to whom it was issued.
18 The Illinois Person with a Disability Identification Card
19 may be used as adequate documentation of disability in lieu of
20 a physician's determination of disability, a determination of
21 disability from a physician assistant, a determination of
22 disability from an advanced practice registered nurse, or any
23 other documentation of disability whenever any State law
24 requires that a person with a disability provide such
25 documentation of disability, however an Illinois Person with a
26 Disability Identification Card shall not qualify the
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1 cardholder to participate in any program or to receive any
2 benefit which is not available to all persons with like
3 disabilities. Notwithstanding any other provisions of law, an
4 Illinois Person with a Disability Identification Card, or
5 evidence that the Secretary of State has issued an Illinois
6 Person with a Disability Identification Card, shall not be
7 used by any person other than the person named on such card to
8 prove that the person named on such card is a person with a
9 disability or for any other purpose unless the card is used for
10 the benefit of the person named on such card, and the person
11 named on such card consents to such use at the time the card is
12 so used.
13 An optometrist's determination of a visual disability
14 under Section 4A of this Act is acceptable as documentation
15 for the purpose of issuing an Illinois Person with a
16 Disability Identification Card.
17 When medical information is contained on an Illinois
18 Person with a Disability Identification Card, the Office of
19 the Secretary of State shall not be liable for any actions
20 taken based upon that medical information.
21 (c) The Secretary of State shall provide that each
22 original or renewal Illinois Identification Card or Illinois
23 Person with a Disability Identification Card issued to a
24 person under the age of 21 shall be of a distinct nature from
25 those Illinois Identification Cards or Illinois Person with a
26 Disability Identification Cards issued to individuals 21 years
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1 of age or older. The color designated for Illinois
2 Identification Cards or Illinois Person with a Disability
3 Identification Cards for persons under the age of 21 shall be
4 at the discretion of the Secretary of State.
5 (c-1) Each original or renewal Illinois Identification
6 Card or Illinois Person with a Disability Identification Card
7 issued to a person under the age of 21 shall display the date
8 upon which the person becomes 18 years of age and the date upon
9 which the person becomes 21 years of age.
10 (c-3) The General Assembly recognizes the need to identify
11 military veterans living in this State for the purpose of
12 ensuring that they receive all of the services and benefits to
13 which they are legally entitled, including healthcare,
14 education assistance, and job placement. To assist the State
15 in identifying these veterans and delivering these vital
16 services and benefits, the Secretary of State is authorized to
17 issue Illinois Identification Cards and Illinois Person with a
18 Disability Identification Cards with the word "veteran"
19 appearing on the face of the cards. This authorization is
20 predicated on the unique status of veterans. The Secretary may
21 not issue any other identification card which identifies an
22 occupation, status, affiliation, hobby, or other unique
23 characteristics of the identification card holder which is
24 unrelated to the purpose of the identification card.
25 (c-5) Beginning on or before July 1, 2015, the Secretary
26 of State shall designate a space on each original or renewal
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1 identification card where, at the request of the applicant,
2 the word "veteran" shall be placed. The veteran designation
3 shall be available to a person identified as a veteran under
4 subsection (b) of Section 5 of this Act who was discharged or
5 separated under honorable conditions.
6 (d) The Secretary of State may issue a Senior Citizen
7 discount card, to any natural person who is a resident of the
8 State of Illinois who is 60 years of age or older and who
9 applies for such a card or renewal thereof. The Secretary of
10 State shall charge no fee to issue such card. The card shall be
11 issued in every county and applications shall be made
12 available at, but not limited to, nutrition sites, senior
13 citizen centers and Area Agencies on Aging. The applicant,
14 upon receipt of such card and prior to its use for any purpose,
15 shall have affixed thereon in the space provided therefor his
16 signature or mark.
17 (e) The Secretary of State, in his or her discretion, may
18 designate on each Illinois Identification Card or Illinois
19 Person with a Disability Identification Card a space where the
20 card holder may place a sticker or decal, issued by the
21 Secretary of State, of uniform size as the Secretary may
22 specify, that shall indicate in appropriate language that the
23 card holder has renewed his or her Illinois Identification
24 Card or Illinois Person with a Disability Identification Card.
25 (f)(1) The Secretary of State may issue a mobile
26 identification card to an individual who is otherwise eligible
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1 to hold a physical credential in addition to, and not instead
2 of, an identification card if the Secretary of State has
3 issued an identification card to the person. The data elements
4 that are used to build an electronic credential must match the
5 individual's current Department record.
6 (2) The Secretary may enter into agreements or contract
7 with an agency of the State, another state, the United States,
8 or a third party to facilitate the issuance, use, and
9 verification of a mobile identification card issued by the
10 Secretary or another state.
11 (3) Any mobile identification card issued by the Secretary
12 shall be in accordance with the most recent AAMVA standards.
13 (4) The Secretary shall design the mobile identification
14 card in a manner that allows the credential holder to maintain
15 physical possession of the device on which the mobile
16 identification card is accessed during verification.
17 (g) The verification process shall be implemented to
18 require:
19 (1) the relying parties to authenticate electronic
20 credentials in accordance with applicable AAMVA standards
21 prior to acceptance of the electronic credential;
22 (2) the Secretary to ensure that electronic credential
23 data is subject to all jurisdictional data security and
24 privacy protection laws and regulations; and
25 (3) the relying parties to request only electronic
26 credential data elements that are necessary to complete
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1 the transaction for which data is being requested.
2 (h) Privacy and tracking of data shall be restricted by
3 implementing the following requirements:
4 (1) the relying parties shall retain only electronic
5 credential data elements for which the relying party
6 explicitly obtained consent from the electronic credential
7 holder and shall inform the electronic credential holder
8 of the use and retention period of the electronic data
9 elements;
10 (2) the Secretary shall use an electronic credential
11 system that is designed to maximize the privacy of the
12 credential holder in accordance with State and federal law
13 and shall not track or compile information without the
14 credential holder's consent; and
15 (3) the Department shall only compile and disclose
16 information regarding the use of the credential as
17 required by State or federal law.
18 (i)(1) The electronic credential holder shall be required
19 to have the holder's their physical credential on the holder's
20 their person for all purposes for which an identification card
21 is required. No person, public entity, private entity, or
22 agency shall establish a policy that requires an electronic
23 credential instead of a physical credential.
24 (2) Electronic credential systems shall be designed so
25 that there is no requirement for the electronic credential
26 holder to display or relinquish possession of the credential
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1 holder's mobile device to relying parties for the acceptance
2 of an electronic credential.
3 (3) When required by law and upon request by law
4 enforcement, a credential holder must provide the credential
5 holder's physical credential.
6 (4) Any law or regulation that requires an individual to
7 surrender the individual's their physical credential to law
8 enforcement does not apply to the device on which an
9 electronic credential has been provisioned.
10 (j) A person may be required to produce when so requested a
11 physical identification card to a law enforcement officer, a
12 representative of a State or federal department or agency, or
13 a private entity and is subject to all applicable laws and
14 consequences for failure to produce such an identification
15 card.
16 (k) The Secretary of State shall adopt such rules as are
17 necessary to implement a mobile identification card.
18 (l) The display of a mobile identification card shall not
19 serve as consent or authorization for a law enforcement
20 officer, or any other person, to search, view, or access any
21 other data or application on the mobile device. If a person
22 presents the person's mobile device to a law enforcement
23 officer for purposes of displaying a mobile identification
24 card, the law enforcement officer shall promptly return the
25 mobile device to the person once the officer has had an
26 opportunity to verify the identity of the person. Except for
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1 willful and wanton misconduct, any law enforcement officer,
2 court, or officer of the court presented with the device shall
3 be immune from any liability resulting from damage to the
4 mobile device.
5 (m) The fee to install the application to display a mobile
6 identification card as defined in this subsection shall not
7 exceed $6.
8 (n) As used in this Section:
9 "AAMVA" means the American Association of Motor Vehicle
10 Administrators.
11 "Credential" means a driver's license, learner's permit,
12 or identification card.
13 "Credential holder" means the individual to whom a mobile
14 driver's license or a mobile identification card is issued.
15 "Data element" means a distinct component of a customer's
16 information that is found on the Department's customer record.
17 "Department" means the Secretary of State Department of
18 Driver Services.
19 "Electronic credential" means an electronic extension of
20 the departmental issued physical credential that conveys
21 identity and complies with AAMVA's mobile driver license
22 Implementation guidelines and the ISO/IEC 18013-5 standard.
23 "Electronic credential system" means a digital process
24 that includes a method for provisioning electronic
25 credentials, requesting and transmitting electronic credential
26 data elements, and performing tasks to maintain the system.
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1 "Full profile" means all the information provided on an
2 identification card.
3 "ISO" means the International Organization for
4 Standardization, which creates uniform processes and
5 procedures.
6 "Limited profile" means a portion of the information
7 provided on an Identification Card.
8 "Mobile identification card" means a data file that is
9 available on any mobile device that has connectivity to the
10 Internet through an application that allows the mobile device
11 to download the data file from the Secretary of State, that
12 contains all the data elements visible on the face and back of
13 an identification card, and that displays the current status
14 of the identification card. "Mobile identification card" does
15 not include a copy, photograph, or image of an Illinois
16 Identification Card that is not downloaded through the
17 application on a mobile device.
18 "Physical credential" means a Department-issued Department
19 issued document that conveys identity in accordance with the
20 Illinois Identification Card Act.
21 "Provision" means the initial loading of an electronic
22 credential onto a device.
23 "Relying party" means the entity to which the credential
24 holder presents the electronic credential.
25 "Verification process" means a method of authenticating
26 the electronic credential through the use of secured
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1 encryption communication.
2 (o) (f) Upon providing the required documentation, at the
3 request of the applicant, the identification card may reflect
4 Gold Star Family designation. The Secretary shall designate a
5 space on each original or renewal of an identification card
6 for such designation. This designation shall be available to a
7 person eligible for Gold Star license plates under subsection
8 (f) of Section 6-106 of the Illinois Vehicle Code.
9 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
10 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff.
11 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised
12 11-26-24.)
13 (15 ILCS 335/5)
14 Sec. 5. Applications.
15 (a) Any natural person who is a resident of the State of
16 Illinois may file an application for an identification card,
17 or for the renewal thereof, in a manner prescribed by the
18 Secretary. Each original application shall be completed by the
19 applicant in full and shall set forth the legal name,
20 residence address and zip code, social security number, if the
21 person has a social security number, birth date, sex and a
22 brief description of the applicant. The applicant shall be
23 photographed, unless the Secretary of State has provided by
24 rule for the issuance of identification cards without
25 photographs and the applicant is deemed eligible for an
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1 identification card without a photograph under the terms and
2 conditions imposed by the Secretary of State, and he or she
3 shall also submit any other information as the Secretary may
4 deem necessary or such documentation as the Secretary may
5 require to determine the identity of the applicant. In
6 addition to the residence address, the Secretary may allow the
7 applicant to provide a mailing address. If the applicant is an
8 employee of the Department of Children and Family Services
9 with a job title of "Child Protection Specialist Trainee",
10 "Child Protection Specialist", "Child Protection Advanced
11 Specialist", "Child Welfare Specialist Trainee", "Child
12 Welfare Specialist", or "Child Welfare Advanced Specialist" or
13 a judicial officer as defined in Section 1-10 of the Judicial
14 Privacy Act, an official as defined in Section 5 of the Public
15 Safety and Justice Privacy Act, or a peace officer, the
16 applicant may elect to have his or her office or work address
17 in lieu of the applicant's residence or mailing address. An
18 applicant for an Illinois Person with a Disability
19 Identification Card must also submit with each original or
20 renewal application, on forms prescribed by the Secretary,
21 such documentation as the Secretary may require, establishing
22 that the applicant is a "person with a disability" as defined
23 in Section 4A of this Act, and setting forth the applicant's
24 type and class of disability as set forth in Section 4A of this
25 Act. For the purposes of this subsection (a), "peace officer"
26 means any person who by virtue of his or her office or public
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1 employment is vested by law with a duty to maintain public
2 order or to make arrests for a violation of any penal statute
3 of this State, whether that duty extends to all violations or
4 is limited to specific violations.
5 (a-5) Upon the first issuance of a request for proposals
6 for a digital driver's license and identification card
7 issuance and facial recognition system issued after January 1,
8 2020 (the effective date of Public Act 101-513), and upon
9 implementation of a new or revised system procured pursuant to
10 that request for proposals, the Secretary shall permit
11 applicants to choose between "male", "female", or "non-binary"
12 when designating the applicant's sex on the identification
13 card application form. The sex designated by the applicant
14 shall be displayed on the identification card issued to the
15 applicant.
16 (b) Beginning on or before July 1, 2015, for each original
17 or renewal identification card application under this Act, the
18 Secretary shall inquire as to whether the applicant is a
19 veteran for purposes of issuing an identification card with a
20 veteran designation under subsection (c-5) of Section 4 of
21 this Act. The acceptable forms of proof shall include, but are
22 not limited to, Department of Defense form DD-214, Department
23 of Defense form DD-256 for applicants who did not receive a
24 form DD-214 upon the completion of initial basic training,
25 Department of Defense form DD-2 (Retired), an identification
26 card issued under the federal Veterans Identification Card Act
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1 of 2015, or a United States Department of Veterans Affairs
2 summary of benefits letter. If the document cannot be stamped,
3 the Illinois Department of Veterans' Affairs shall provide a
4 certificate to the veteran to provide to the Secretary of
5 State. The Illinois Department of Veterans' Affairs shall
6 advise the Secretary as to what other forms of proof of a
7 person's status as a veteran are acceptable.
8 For each applicant who is issued an identification card
9 with a veteran designation, the Secretary shall provide the
10 Department of Veterans' Affairs with the applicant's name,
11 address, date of birth, gender, and such other demographic
12 information as agreed to by the Secretary and the Department.
13 The Department may take steps necessary to confirm the
14 applicant is a veteran. If after due diligence, including
15 writing to the applicant at the address provided by the
16 Secretary, the Department is unable to verify the applicant's
17 veteran status, the Department shall inform the Secretary, who
18 shall notify the applicant that he or she must confirm status
19 as a veteran, or the identification card will be canceled
20 cancelled.
21 For purposes of this subsection (b):
22 "Armed forces" means any of the Armed Forces of the United
23 States, including a member of any reserve component or
24 National Guard unit.
25 "Veteran" means a person who has served in the armed
26 forces and was discharged or separated under honorable
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1 conditions.
2 (b-1) An applicant who is eligible for Gold Star license
3 plates under Section 3-664 of the Illinois Vehicle Code may
4 apply for an identification card with space for a designation
5 as a Gold Star Family. The Secretary may waive any fee for this
6 application. If the Secretary does not waive the fee, any fee
7 charged to the applicant must be deposited into the Illinois
8 Veterans Assistance Fund. The Secretary is authorized to issue
9 rules to implement this subsection.
10 (c) All applicants for REAL ID compliant standard Illinois
11 Identification Cards and Illinois Person with a Disability
12 Identification Cards shall provide proof of lawful status in
13 the United States as defined in 6 CFR 37.3, as amended.
14 Applicants who are unable to provide the Secretary with proof
15 of lawful status are ineligible for REAL ID compliant
16 identification cards under this Act.
17 (d) The Secretary of State may accept, as proof of date of
18 birth and written signature for any applicant for a standard
19 identification card who does not have a social security number
20 or documentation issued by the United States Department of
21 Homeland Security authorizing the applicant's presence in this
22 country, any passport validly issued to the applicant from the
23 applicant's country of citizenship or a consular
24 identification document validly issued to the applicant by a
25 consulate of that country as defined in Section 5 of the
26 Consular Identification Document Act. Any such documents must
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1 be either unexpired or presented by an applicant within 2
2 years of its expiration date.
3 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
4 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
5 Section 115. The Illinois Vehicle Code is amended by
6 changing Sections 3-405, 6-106, and 6-110 as follows:
7 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
8 Sec. 3-405. Application for registration.
9 (a) Every owner of a vehicle subject to registration under
10 this Code shall make application to the Secretary of State for
11 the registration of such vehicle upon the appropriate form or
12 forms furnished by the Secretary. Every such original
13 application shall bear the signature of the owner written with
14 pen and ink and contain:
15 1. The name, domicile address, as defined in Section
16 1-115.5 of this Code, (except as otherwise provided in
17 this paragraph 1), mail address of the owner or business
18 address of the owner if a firm, association, or
19 corporation, and, if available, email address of the
20 owner. If the mailing address is a post office box number,
21 the address listed on the driver license record may be
22 used to verify residence. A police officer, a deputy
23 sheriff, an elected sheriff, a law enforcement officer for
24 the Illinois State Police, a fire investigator, a state's
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1 attorney, an assistant state's attorney, a state's
2 attorney special investigator, or a judicial officer may
3 elect to furnish the address of the headquarters of the
4 governmental entity, police district, or business address
5 where he or she works instead of his or her domicile
6 address, in which case that address shall be deemed to be
7 his or her domicile address for all purposes under this
8 Chapter 3. The spouse and children of a person who may
9 elect under this paragraph 1 to furnish the address of the
10 headquarters of the government entity, police district, or
11 business address where the person works instead of the
12 person's domicile address may, if they reside with that
13 person, also elect to furnish the address of the
14 headquarters of the government entity, police district, or
15 business address where the person works as their domicile
16 address, in which case that address shall be deemed to be
17 their domicile address for all purposes under this Chapter
18 3. In this paragraph 1: (A) "police officer" has the
19 meaning ascribed to "policeman" in Section 10-3-1 of the
20 Illinois Municipal Code; (B) "deputy sheriff" means a
21 deputy sheriff appointed under Section 3-6008 of the
22 Counties Code; (C) "elected sheriff" means a sheriff
23 commissioned pursuant to Section 3-6001 of the Counties
24 Code; (D) "fire investigator" means a person classified as
25 a peace officer under the Peace Officer Fire Investigation
26 Act; (E) "state's attorney", "assistant state's attorney",
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1 and "state's attorney special investigator" mean a state's
2 attorney, assistant state's attorney, and state's attorney
3 special investigator commissioned or appointed under
4 Division 3-9 of the Counties Code; and (F) "judicial
5 officer" has the meaning ascribed to it in Section 1-10 of
6 the Judicial Privacy Act; and (G) "official" has the
7 meaning ascribed to it in Section 5 of the Public Safety
8 and Justice Privacy Act.
9 2. A description of the vehicle, including such
10 information as is required in an application for a
11 certificate of title, determined under such standard
12 rating as may be prescribed by the Secretary.
13 3. (Blank).
14 3.5. A space for a voluntary disclosure of a condition
15 that impedes effective communication under Section
16 3-405.5.
17 4. Such further information as may reasonably be
18 required by the Secretary to enable him to determine
19 whether the vehicle is lawfully entitled to registration
20 and the owner entitled to a certificate of title.
21 5. An affirmation by the applicant that all
22 information set forth is true and correct. If the
23 application is for the registration of a motor vehicle,
24 the applicant also shall affirm that the motor vehicle is
25 insured as required by this Code, that such insurance will
26 be maintained throughout the period for which the motor
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1 vehicle shall be registered, and that neither the owner,
2 nor any person operating the motor vehicle with the
3 owner's permission, shall operate the motor vehicle unless
4 the required insurance is in effect. If the person signing
5 the affirmation is not the sole owner of the vehicle, such
6 person shall be deemed to have affirmed on behalf of all
7 the owners of the vehicle. If the person signing the
8 affirmation is not an owner of the vehicle, such person
9 shall be deemed to have affirmed on behalf of the owner or
10 owners of the vehicle. The lack of signature on the
11 application shall not in any manner exempt the owner or
12 owners from any provisions, requirements or penalties of
13 this Code.
14 (b) When such application refers to a new vehicle
15 purchased from a dealer the application shall be accompanied
16 by a Manufacturer's Statement of Origin from the dealer, and a
17 statement showing any lien retained by the dealer.
18 (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
19 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
20 Sec. 6-106. Application for license or instruction permit.
21 (a) Every application for any permit or license authorized
22 to be issued under this Code shall be made upon a form
23 furnished by the Secretary of State. Every application shall
24 be accompanied by the proper fee and payment of such fee shall
25 entitle the applicant to not more than 3 attempts to pass the
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1 examination within a period of one year after the date of
2 application.
3 (b) Every application shall state the legal name, zip
4 code, date of birth, sex, and residence address of the
5 applicant; briefly describe the applicant; state whether the
6 applicant has theretofore been licensed as a driver, and, if
7 so, when and by what state or country, and whether any such
8 license has ever been cancelled, suspended, revoked or
9 refused, and, if so, the date and reason for such
10 cancellation, suspension, revocation or refusal; shall include
11 an affirmation by the applicant that all information set forth
12 is true and correct; and shall bear the applicant's signature.
13 In addition to the residence address, the Secretary may allow
14 the applicant to provide a mailing address. In the case of an
15 applicant who is a judicial officer, official, or peace
16 officer, the Secretary may allow the applicant to provide an
17 office or work address in lieu of a residence or mailing
18 address. The application form may also require the statement
19 of such additional relevant information as the Secretary of
20 State shall deem necessary to determine the applicant's
21 competency and eligibility. The Secretary of State may, in his
22 discretion, by rule or regulation, provide that an application
23 for a drivers license or permit may include a suitable
24 photograph of the applicant in the form prescribed by the
25 Secretary, and he may further provide that each drivers
26 license shall include a photograph of the driver. The
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1 Secretary of State may utilize a photograph process or system
2 most suitable to deter alteration or improper reproduction of
3 a drivers license and to prevent substitution of another photo
4 thereon. For the purposes of this subsection (b): ,
5 "Official" has the meaning ascribed to it in Section 5 of
6 the Public Safety and Justice Privacy Act.
7 "Peace "peace officer" means any person who by virtue of
8 his or her office or public employment is vested by law with a
9 duty to maintain public order or to make arrests for a
10 violation of any penal statute of this State, whether that
11 duty extends to all violations or is limited to specific
12 violations.
13 (b-1) Every application shall state the social security
14 number of the applicant; except if the applicant is applying
15 for a standard driver's license and, on the date of
16 application, is ineligible for a social security number, then:
17 (1) if the applicant has documentation, issued by the
18 United States Department of Homeland Security, authorizing
19 the applicant's presence in this country, the applicant
20 shall provide such documentation instead of a social
21 security number; and
22 (2) if the applicant does not have documentation
23 described in paragraph (1), the applicant shall provide,
24 instead of a social security number, the following:
25 (A) documentation establishing that the applicant
26 has resided in this State for a period in excess of one
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1 year;
2 (B) a passport validly issued to the applicant
3 from the applicant's country of citizenship or a
4 consular identification document validly issued to the
5 applicant by a consulate of that country as defined in
6 Section 5 of the Consular Identification Document Act,
7 as long as such documents are either unexpired or
8 presented by an applicant within 2 years of its
9 expiration date; and
10 (C) a social security card, if the applicant has a
11 social security number.
12 (b-3) Upon the first issuance of a request for proposals
13 for a digital driver's license and identification card
14 issuance and facial recognition system issued after January 1,
15 2020 (the effective date of Public Act 101-513), and upon
16 implementation of a new or revised system procured pursuant to
17 that request for proposals, the Secretary shall permit
18 applicants to choose between "male", "female" or "non-binary"
19 when designating the applicant's sex on the driver's license
20 application form. The sex designated by the applicant shall be
21 displayed on the driver's license issued to the applicant.
22 (b-5) Every applicant for a REAL ID compliant driver's
23 license or permit shall provide proof of lawful status in the
24 United States as defined in 6 CFR 37.3, as amended.
25 (c) The application form shall include a notice to the
26 applicant of the registration obligations of sex offenders
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1 under the Sex Offender Registration Act. The notice shall be
2 provided in a form and manner prescribed by the Secretary of
3 State. For purposes of this subsection (c), "sex offender" has
4 the meaning ascribed to it in Section 2 of the Sex Offender
5 Registration Act.
6 (d) Any male United States citizen or immigrant who
7 applies for any permit or license authorized to be issued
8 under this Code or for a renewal of any permit or license, and
9 who is at least 18 years of age but less than 26 years of age,
10 must be registered in compliance with the requirements of the
11 federal Military Selective Service Act. The Secretary of State
12 must forward in an electronic format the necessary personal
13 information regarding the applicants identified in this
14 subsection (d) to the Selective Service System. The
15 applicant's signature on the application serves as an
16 indication that the applicant either has already registered
17 with the Selective Service System or that he is authorizing
18 the Secretary to forward to the Selective Service System the
19 necessary information for registration. The Secretary must
20 notify the applicant at the time of application that his
21 signature constitutes consent to registration with the
22 Selective Service System, if he is not already registered.
23 (e) Beginning on or before July 1, 2015, for each original
24 or renewal driver's license application under this Code, the
25 Secretary shall inquire as to whether the applicant is a
26 veteran for purposes of issuing a driver's license with a
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1 veteran designation under subsection (e-5) of Section 6-110 of
2 this Code. The acceptable forms of proof shall include, but
3 are not limited to, Department of Defense form DD-214,
4 Department of Defense form DD-256 for applicants who did not
5 receive a form DD-214 upon the completion of initial basic
6 training, Department of Defense form DD-2 (Retired), an
7 identification card issued under the federal Veterans
8 Identification Card Act of 2015, or a United States Department
9 of Veterans Affairs summary of benefits letter. If the
10 document cannot be stamped, the Illinois Department of
11 Veterans' Affairs shall provide a certificate to the veteran
12 to provide to the Secretary of State. The Illinois Department
13 of Veterans' Affairs shall advise the Secretary as to what
14 other forms of proof of a person's status as a veteran are
15 acceptable.
16 For each applicant who is issued a driver's license with a
17 veteran designation, the Secretary shall provide the
18 Department of Veterans' Affairs with the applicant's name,
19 address, date of birth, gender and such other demographic
20 information as agreed to by the Secretary and the Department.
21 The Department may take steps necessary to confirm the
22 applicant is a veteran. If after due diligence, including
23 writing to the applicant at the address provided by the
24 Secretary, the Department is unable to verify the applicant's
25 veteran status, the Department shall inform the Secretary, who
26 shall notify the applicant that he or she must confirm status
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1 as a veteran, or the driver's license will be cancelled.
2 For purposes of this subsection (e):
3 "Armed forces" means any of the Armed Forces of the United
4 States, including a member of any reserve component or
5 National Guard unit.
6 "Veteran" means a person who has served in the armed
7 forces and was discharged or separated under honorable
8 conditions.
9 (f) An applicant who is eligible for Gold Star license
10 plates under Section 3-664 of this Code may apply for an
11 original or renewal driver's license with space for a
12 designation as a Gold Star Family. The Secretary may waive any
13 fee for this application. If the Secretary does not waive the
14 fee, any fee charged to the applicant must be deposited into
15 the Illinois Veterans Assistance Fund. The Secretary is
16 authorized to issue rules to implement this subsection.
17 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
18 103-933, eff. 1-1-25.)
19 (625 ILCS 5/6-110)
20 Sec. 6-110. Licenses issued to drivers.
21 (a) The Secretary of State shall issue to every qualifying
22 applicant a driver's license as applied for, which license
23 shall bear a distinguishing number assigned to the licensee,
24 the legal name, signature, zip code, date of birth, residence
25 address, and a brief description of the licensee.
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1 Licenses issued shall also indicate the classification and
2 the restrictions under Section 6-104 of this Code. The
3 Secretary may adopt rules to establish informational
4 restrictions that can be placed on the driver's license
5 regarding specific conditions of the licensee.
6 A driver's license issued may, in the discretion of the
7 Secretary, include a suitable photograph of a type prescribed
8 by the Secretary.
9 (a-1) If the licensee is less than 18 years of age, unless
10 one of the exceptions in subsection (a-2) apply, the license
11 shall, as a matter of law, be invalid for the operation of any
12 motor vehicle during the following times:
13 (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
14 (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
15 Sunday; and
16 (C) Between 10:00 p.m. on Sunday to Thursday,
17 inclusive, and 6:00 a.m. on the following day.
18 (a-2) The driver's license of a person under the age of 18
19 shall not be invalid as described in subsection (a-1) of this
20 Section if the licensee under the age of 18 was:
21 (1) accompanied by the licensee's parent or guardian
22 or other person in custody or control of the minor;
23 (2) on an errand at the direction of the minor's
24 parent or guardian, without any detour or stop;
25 (3) in a motor vehicle involved in interstate travel;
26 (4) going to or returning home from an employment
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1 activity, without any detour or stop;
2 (5) involved in an emergency;
3 (6) going to or returning home from, without any
4 detour or stop, an official school, religious, or other
5 recreational activity supervised by adults and sponsored
6 by a government or governmental agency, a civic
7 organization, or another similar entity that takes
8 responsibility for the licensee, without any detour or
9 stop;
10 (7) exercising First Amendment rights protected by the
11 United States Constitution, such as the free exercise of
12 religion, freedom of speech, and the right of assembly; or
13 (8) married or had been married or is an emancipated
14 minor under the Emancipation of Minors Act.
15 (a-2.5) The driver's license of a person who is 17 years of
16 age and has been licensed for at least 12 months is not invalid
17 as described in subsection (a-1) of this Section while the
18 licensee is participating as an assigned driver in a Safe
19 Rides program that meets the following criteria:
20 (1) the program is sponsored by the Boy Scouts of
21 America or another national public service organization;
22 and
23 (2) the sponsoring organization carries liability
24 insurance covering the program.
25 (a-3) If a graduated driver's license holder over the age
26 of 18 committed an offense against traffic regulations
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1 governing the movement of vehicles or any violation of Section
2 6-107 or Section 12-603.1 of this Code in the 6 months prior to
3 the graduated driver's license holder's 18th birthday, and was
4 subsequently convicted of the offense, the provisions of
5 subsection (a-1) shall continue to apply until such time as a
6 period of 6 consecutive months has elapsed without an
7 additional violation and subsequent conviction of an offense
8 against traffic regulations governing the movement of vehicles
9 or Section 6-107 or Section 12-603.1 of this Code.
10 (a-4) If an applicant for a driver's license or
11 instruction permit has a current identification card issued by
12 the Secretary of State, the Secretary may require the
13 applicant to utilize the same residence address and name on
14 the identification card, driver's license, and instruction
15 permit records maintained by the Secretary. The Secretary may
16 promulgate rules to implement this provision.
17 (a-5) If an applicant for a driver's license is an
18 employee of the Department of Children and Family Services
19 with a job title of "Child Protection Specialist Trainee",
20 "Child Protection Specialist", "Child Protection Advanced
21 Specialist", "Child Welfare Specialist Trainee", "Child
22 Welfare Specialist", or "Child Welfare Advanced Specialist" or
23 a judicial officer, official, or a peace officer, the
24 applicant may elect to have his or her office or work address
25 listed on the license instead of the applicant's residence or
26 mailing address. The Secretary of State shall adopt rules to
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1 implement this subsection (a-5). For the purposes of this
2 subsection (a-5): ,
3 "Official" has the meaning ascribed to it in Section 5 of
4 the Public Safety and Justice Privacy Act.
5 "Peace "peace officer" means any person who by virtue of
6 his or her office or public employment is vested by law with a
7 duty to maintain public order or to make arrests for a
8 violation of any penal statute of this State, whether that
9 duty extends to all violations or is limited to specific
10 violations.
11 (b) Until the Secretary of State establishes a First
12 Person Consent organ and tissue donor registry under Section
13 6-117 of this Code, the Secretary of State shall provide a
14 format on the reverse of each driver's license issued which
15 the licensee may use to execute a document of gift conforming
16 to the provisions of the Illinois Anatomical Gift Act. The
17 format shall allow the licensee to indicate the gift intended,
18 whether specific organs, any organ, or the entire body, and
19 shall accommodate the signatures of the donor and 2 witnesses.
20 The Secretary shall also inform each applicant or licensee of
21 this format, describe the procedure for its execution, and may
22 offer the necessary witnesses; provided that in so doing, the
23 Secretary shall advise the applicant or licensee that he or
24 she is under no compulsion to execute a document of gift. A
25 brochure explaining this method of executing an anatomical
26 gift document shall be given to each applicant or licensee.
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1 The brochure shall advise the applicant or licensee that he or
2 she is under no compulsion to execute a document of gift, and
3 that he or she may wish to consult with family, friends, or
4 clergy before doing so. The Secretary of State may undertake
5 additional efforts, including education and awareness
6 activities, to promote organ and tissue donation.
7 (c) The Secretary of State shall designate on each
8 driver's license issued a space where the licensee may place a
9 sticker or decal of the uniform size as the Secretary may
10 specify, which sticker or decal may indicate in appropriate
11 language that the owner of the license carries an Emergency
12 Medical Information Card.
13 The sticker may be provided by any person, hospital,
14 school, medical group, or association interested in assisting
15 in implementing the Emergency Medical Information Card, but
16 shall meet the specifications as the Secretary may by rule or
17 regulation require.
18 (d) The Secretary of State shall designate on each
19 driver's license issued a space where the licensee may
20 indicate his blood type and RH factor.
21 (e) The Secretary of State shall provide that each
22 original or renewal driver's license issued to a licensee
23 under 21 years of age shall be of a distinct nature from those
24 driver's licenses issued to individuals 21 years of age and
25 older. The color designated for driver's licenses for
26 licensees under 21 years of age shall be at the discretion of
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1 the Secretary of State.
2 (e-1) The Secretary shall provide that each driver's
3 license issued to a person under the age of 21 displays the
4 date upon which the person becomes 18 years of age and the date
5 upon which the person becomes 21 years of age.
6 (e-3) The General Assembly recognizes the need to identify
7 military veterans living in this State for the purpose of
8 ensuring that they receive all of the services and benefits to
9 which they are legally entitled, including health care
10 healthcare, education assistance, and job placement. To assist
11 the State in identifying these veterans and delivering these
12 vital services and benefits, the Secretary of State is
13 authorized to issue drivers' licenses with the word "veteran"
14 appearing on the face of the licenses. This authorization is
15 predicated on the unique status of veterans. The Secretary may
16 not issue any other driver's license which identifies an
17 occupation, status, affiliation, hobby, or other unique
18 characteristics of the license holder which is unrelated to
19 the purpose of the driver's license.
20 (e-5) Beginning on or before July 1, 2015, the Secretary
21 of State shall designate a space on each original or renewal
22 driver's license where, at the request of the applicant, the
23 word "veteran" shall be placed. The veteran designation shall
24 be available to a person identified as a veteran under
25 subsection (e) of Section 6-106 of this Code who was
26 discharged or separated under honorable conditions.
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1 (e-7) Upon providing the required documentation, at the
2 request of the applicant, the driver's license may reflect
3 Gold Star Family designation. The Secretary shall designate a
4 space on each original or renewal driver's license for such
5 designation. This designation shall be available to a person
6 eligible for Gold Star license plates under subsection (f) of
7 Section 6-106 of this Code.
8 (f) The Secretary of State shall inform all Illinois
9 licensed commercial motor vehicle operators of the
10 requirements of the Uniform Commercial Driver License Act,
11 Article V of this Chapter, and shall make provisions to ensure
12 insure that all drivers, seeking to obtain a commercial
13 driver's license, be afforded an opportunity prior to April 1,
14 1992, to obtain the license. The Secretary is authorized to
15 extend driver's license expiration dates, and assign specific
16 times, dates and locations where these commercial driver's
17 tests shall be conducted. Any applicant, regardless of the
18 current expiration date of the applicant's driver's license,
19 may be subject to any assignment by the Secretary. Failure to
20 comply with the Secretary's assignment may result in the
21 applicant's forfeiture of an opportunity to receive a
22 commercial driver's license prior to April 1, 1992.
23 (g) The Secretary of State shall designate on a driver's
24 license issued, a space where the licensee may indicate that
25 he or she has drafted a living will in accordance with the
26 Illinois Living Will Act or a durable power of attorney for
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1 health care in accordance with the Illinois Power of Attorney
2 Act.
3 (g-1) The Secretary of State, in his or her discretion,
4 may designate on each driver's license issued a space where
5 the licensee may place a sticker or decal, issued by the
6 Secretary of State, of uniform size as the Secretary may
7 specify, that shall indicate in appropriate language that the
8 owner of the license has renewed his or her driver's license.
9 (h) A person who acts in good faith in accordance with the
10 terms of this Section is not liable for damages in any civil
11 action or subject to prosecution in any criminal proceeding
12 for his or her act.
13 (i) The Secretary shall designate a space on each original
14 or renewal of a driver's license, at the request of the
15 applicant, for a designation as a Gold Star Family. This
16 designation shall be available to a person eligible for Gold
17 Star license plates under subsection (f) of Section 6-106 of
18 this Code.
19 (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25;
20 revised 11-26-24.)
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