104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1768 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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 government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the government 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 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 government 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 and makes conforming changes. Effective immediately. LRB104 07775 BDA 17820 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1768 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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 government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the government 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 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 government 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 and makes conforming changes. Effective immediately. LRB104 07775 BDA 17820 b LRB104 07775 BDA 17820 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1768 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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 government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the government 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 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 government 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 and makes conforming changes. Effective immediately.
LRB104 07775 BDA 17820 b LRB104 07775 BDA 17820 b
LRB104 07775 BDA 17820 b
A BILL FOR
HB1768LRB104 07775 BDA 17820 b HB1768 LRB104 07775 BDA 17820 b
HB1768 LRB104 07775 BDA 17820 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 "Government agency", "personal information", "publicly
11 available content", and "publicly post" or "publicly display"
12 have the meanings given to those terms in 1-10 of Judicial
13 Privacy Act.
14 "Home address" includes an official's permanent residence
15 and any secondary residences affirmatively identified by the
16 official, but does not include an official's work address.
17 "Immediate family" includes an official's spouse, child,
18 parent, or any blood relative of the official or the
19 official's spouse who lives in the same residence.
20 "Law enforcement officer" has the meaning given to that
21 term in Section 5 of the Law Enforcement Officer Bulletproof
22 Vest Act.
23 "Official" includes:
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1768 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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 government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the government 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 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 government 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 and makes conforming changes. Effective immediately.
LRB104 07775 BDA 17820 b LRB104 07775 BDA 17820 b
LRB104 07775 BDA 17820 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
LRB104 07775 BDA 17820 b
HB1768 LRB104 07775 BDA 17820 b
HB1768- 2 -LRB104 07775 BDA 17820 b HB1768 - 2 - LRB104 07775 BDA 17820 b
HB1768 - 2 - LRB104 07775 BDA 17820 b
1 (1) Law enforcement officers.
2 (2) Prosecutors.
3 (3) Public defenders.
4 (4) Probation officers.
5 "Probation officer" has the meaning given to that term in
6 Section 9b of the Probation and Probation Officers Act.
7 "Prosecutor" means a State's Attorney, Assistant State's
8 Attorney, or a prosecutor for a unit of local government.
9 "Public defender" means a Public Defender or an Assistant
10 Public Defender.
11 "Written request" means written notice signed by an
12 official or a representative of the official's employer
13 requesting a government agency, person, business, or
14 association to refrain from posting or displaying publicly
15 available content that includes the official's personal
16 information.
17 Section 10. Publicly posting or displaying an official's
18 personal information by government agencies.
19 (a) Government agencies shall not publicly post or display
20 publicly available content that includes an official's
21 personal information, provided that the government agency has
22 received a written request in accordance with Section 20 that
23 it refrain from disclosing the official's personal
24 information. After a government agency has received a written
25 request, that agency shall remove the official's personal
HB1768 - 2 - LRB104 07775 BDA 17820 b
HB1768- 3 -LRB104 07775 BDA 17820 b HB1768 - 3 - LRB104 07775 BDA 17820 b
HB1768 - 3 - LRB104 07775 BDA 17820 b
1 information from publicly available content within 5 business
2 days. After the government agency has removed the official's
3 personal information from publicly available content, the
4 agency shall not publicly post or display the information and
5 the official's personal information shall be exempt from the
6 Freedom of Information Act unless the government agency has
7 received consent from the official to make the personal
8 information available to the public.
9 (b) If a government agency fails to comply with a written
10 request to refrain from disclosing personal information, the
11 official may bring an action in the circuit court seeking
12 injunctive or declaratory relief.
13 Section 15. Publicly posting an official's personal
14 information on the Internet by persons, businesses, and
15 associations.
16 (a) Prohibited Conduct.
17 (1) All persons, businesses, and associations shall
18 refrain from publicly posting or displaying on the
19 Internet publicly available content that includes an
20 official's personal information, provided that the
21 official has made a written request to the person,
22 business, or association that it refrain from disclosing
23 the personal information.
24 (2) No person, business, or association shall solicit,
25 sell, or trade on the Internet an official's personal
HB1768 - 3 - LRB104 07775 BDA 17820 b
HB1768- 4 -LRB104 07775 BDA 17820 b HB1768 - 4 - LRB104 07775 BDA 17820 b
HB1768 - 4 - LRB104 07775 BDA 17820 b
1 information with the intent to pose an imminent and
2 serious threat to the health and safety of the official or
3 the official's immediate family.
4 (3) This subsection includes, but is not limited to,
5 Internet phone directories, Internet search engines,
6 Internet data aggregators, and Internet service providers.
7 (b) Required Conduct.
8 (1) After a person, business, or association has
9 received a written request from an official to protect the
10 privacy of the officer's personal information, that
11 person, business, or association shall have 72 hours to
12 remove the personal information from the Internet.
13 (2) After a person, business, or association has
14 received a written request from an official, that person,
15 business, or association shall ensure that the official's
16 personal information is not made available on any website
17 or subsidiary website controlled by that person, business,
18 or association.
19 (3) After receiving an official's written request, no
20 person, business, or association shall transfer the
21 official's personal information to any other person,
22 business, or association through any medium.
23 (c) Redress. An official whose personal information is
24 made public as a result of a violation of this Section may
25 bring an action in the circuit court seeking injunctive or
26 declaratory relief. If the court grants injunctive or
HB1768 - 4 - LRB104 07775 BDA 17820 b
HB1768- 5 -LRB104 07775 BDA 17820 b HB1768 - 5 - LRB104 07775 BDA 17820 b
HB1768 - 5 - LRB104 07775 BDA 17820 b
1 declaratory relief, the person, business, or association
2 responsible for the violation shall be required to pay the
3 official's costs and reasonable attorney's fees.
4 Section 20. Procedure for completing a written request.
5 (a) No government agency, person, business, or association
6 shall be found to have violated any provision of this Act if
7 the official fails to submit a written request calling for the
8 protection of the officer's personal information.
9 (b) A written request is valid if:
10 (1) the official sends a written request directly to a
11 government agency, person, business, or association; or
12 (2) the Secretary of State creates a policy and
13 procedure for an official to file the written request with
14 the Secretary of State to notify government agencies, the
15 official may send the written request to the Secretary of
16 State as provided in the policy and procedure. In each
17 quarter of a calendar year, the Secretary of State shall
18 provide a list of all officials who have submitted a
19 written request to it to the appropriate officer with
20 ultimate supervisory authority for a government agency.
21 The officer shall promptly provide a copy of the list to
22 any and all government agencies under his or her
23 supervision. Receipt of the written request list compiled
24 by the Secretary of State by a government agency shall
25 constitute a written request to that agency for the
HB1768 - 5 - LRB104 07775 BDA 17820 b
HB1768- 6 -LRB104 07775 BDA 17820 b HB1768 - 6 - LRB104 07775 BDA 17820 b
HB1768 - 6 - LRB104 07775 BDA 17820 b
1 purposes of this Act.
2 (c) A representative from the official's employer may
3 submit a written request on the official's behalf, provided
4 that the official gives written consent to the representative
5 and provided that the representative agrees to furnish a copy
6 of that consent when a written request is made. The
7 representative shall submit the written request as provided in
8 subsection (b).
9 (d) An official's written request shall specify what
10 personal information shall be maintained private.
11 If an official wishes to identify a secondary residence as
12 a home address, the designation shall be made in the written
13 request.
14 An official shall disclose the identity of the officer's
15 immediate family and indicate that the personal information of
16 these family members shall also be excluded to the extent that
17 it could reasonably be expected to reveal the personal
18 information of the official.
19 (e) An official's written request is valid until the
20 official provides the government agency, person, business, or
21 association with written permission to release the private
22 information. An official's written request expires on death.
23 Section 25. Unlawful publication of personal information.
24 (a) It is unlawful for any person to knowingly publicly
25 post on the Internet the personal information of an official
HB1768 - 6 - LRB104 07775 BDA 17820 b
HB1768- 7 -LRB104 07775 BDA 17820 b HB1768 - 7 - LRB104 07775 BDA 17820 b
HB1768 - 7 - LRB104 07775 BDA 17820 b
1 or of the official's immediate family if the person knows or
2 reasonably should know that publicly posting the personal
3 information poses an imminent and serious threat to the health
4 and safety of the official or the official's immediate family
5 and the violation is a proximate cause of bodily injury or
6 death of the official or a member of the official's immediate
7 family. A person who violates this Section is guilty of a Class
8 3 felony.
9 (b) If an employee of a government agency has complied
10 with the provisions of this Act, it is not a violation of
11 subsection (a) if the employee publishes personal information,
12 in good faith, on the website of the government agency in the
13 ordinary course of carrying out public functions.
14 Section 30. Construction. This Act and any rules adopted
15 to implement this Act shall be construed broadly to favor the
16 protection of the personal information of officials.
17 Section 100. The Freedom of Information Act is amended by
18 changing Section 7 as follows:
19 (5 ILCS 140/7)
20 Sec. 7. Exemptions.
21 (1) When a request is made to inspect or copy a public
22 record that contains information that is exempt from
23 disclosure under this Section, but also contains information
HB1768 - 7 - LRB104 07775 BDA 17820 b
HB1768- 8 -LRB104 07775 BDA 17820 b HB1768 - 8 - LRB104 07775 BDA 17820 b
HB1768 - 8 - LRB104 07775 BDA 17820 b
1 that is not exempt from disclosure, the public body may elect
2 to redact the information that is exempt. The public body
3 shall make the remaining information available for inspection
4 and copying. Subject to this requirement, the following shall
5 be exempt from inspection and copying:
6 (a) Information specifically prohibited from
7 disclosure by federal or State law or rules and
8 regulations implementing federal or State law.
9 (b) Private information, unless disclosure is required
10 by another provision of this Act, a State or federal law,
11 or a court order.
12 (b-5) Files, documents, and other data or databases
13 maintained by one or more law enforcement agencies and
14 specifically designed to provide information to one or
15 more law enforcement agencies regarding the physical or
16 mental status of one or more individual subjects.
17 (c) Personal information contained within public
18 records, the disclosure of which would constitute a
19 clearly unwarranted invasion of personal privacy, unless
20 the disclosure is consented to in writing by the
21 individual subjects of the information. "Unwarranted
22 invasion of personal privacy" means the disclosure of
23 information that is highly personal or objectionable to a
24 reasonable person and in which the subject's right to
25 privacy outweighs any legitimate public interest in
26 obtaining the information. The disclosure of information
HB1768 - 8 - LRB104 07775 BDA 17820 b
HB1768- 9 -LRB104 07775 BDA 17820 b HB1768 - 9 - LRB104 07775 BDA 17820 b
HB1768 - 9 - LRB104 07775 BDA 17820 b
1 that bears on the public duties of public employees and
2 officials shall not be considered an invasion of personal
3 privacy.
4 (d) Records in the possession of any public body
5 created in the course of administrative enforcement
6 proceedings, and any law enforcement or correctional
7 agency for law enforcement purposes, but only to the
8 extent that disclosure would:
9 (i) interfere with pending or actually and
10 reasonably contemplated law enforcement proceedings
11 conducted by any law enforcement or correctional
12 agency that is the recipient of the request;
13 (ii) interfere with active administrative
14 enforcement proceedings conducted by the public body
15 that is the recipient of the request;
16 (iii) create a substantial likelihood that a
17 person will be deprived of a fair trial or an impartial
18 hearing;
19 (iv) unavoidably disclose the identity of a
20 confidential source, confidential information
21 furnished only by the confidential source, or persons
22 who file complaints with or provide information to
23 administrative, investigative, law enforcement, or
24 penal agencies; except that the identities of
25 witnesses to traffic crashes, traffic crash reports,
26 and rescue reports shall be provided by agencies of
HB1768 - 9 - LRB104 07775 BDA 17820 b
HB1768- 10 -LRB104 07775 BDA 17820 b HB1768 - 10 - LRB104 07775 BDA 17820 b
HB1768 - 10 - LRB104 07775 BDA 17820 b
1 local government, except when disclosure would
2 interfere with an active criminal investigation
3 conducted by the agency that is the recipient of the
4 request;
5 (v) disclose unique or specialized investigative
6 techniques other than those generally used and known
7 or disclose internal documents of correctional
8 agencies related to detection, observation, or
9 investigation of incidents of crime or misconduct, and
10 disclosure would result in demonstrable harm to the
11 agency or public body that is the recipient of the
12 request;
13 (vi) endanger the life or physical safety of law
14 enforcement personnel or any other person; or
15 (vii) obstruct an ongoing criminal investigation
16 by the agency that is the recipient of the request.
17 (d-5) A law enforcement record created for law
18 enforcement purposes and contained in a shared electronic
19 record management system if the law enforcement agency
20 that is the recipient of the request did not create the
21 record, did not participate in or have a role in any of the
22 events which are the subject of the record, and only has
23 access to the record through the shared electronic record
24 management system.
25 (d-6) Records contained in the Officer Professional
26 Conduct Database under Section 9.2 of the Illinois Police
HB1768 - 10 - LRB104 07775 BDA 17820 b
HB1768- 11 -LRB104 07775 BDA 17820 b HB1768 - 11 - LRB104 07775 BDA 17820 b
HB1768 - 11 - LRB104 07775 BDA 17820 b
1 Training Act, except to the extent authorized under that
2 Section. This includes the documents supplied to the
3 Illinois Law Enforcement Training Standards Board from the
4 Illinois State Police and Illinois State Police Merit
5 Board.
6 (d-7) Information gathered or records created from the
7 use of automatic license plate readers in connection with
8 Section 2-130 of the Illinois Vehicle Code.
9 (e) Records that relate to or affect the security of
10 correctional institutions and detention facilities.
11 (e-5) Records requested by persons committed to the
12 Department of Corrections, Department of Human Services
13 Division of Mental Health, or a county jail if those
14 materials are available in the library of the correctional
15 institution or facility or jail where the inmate is
16 confined.
17 (e-6) Records requested by persons committed to the
18 Department of Corrections, Department of Human Services
19 Division of Mental Health, or a county jail if those
20 materials include records from staff members' personnel
21 files, staff rosters, or other staffing assignment
22 information.
23 (e-7) Records requested by persons committed to the
24 Department of Corrections or Department of Human Services
25 Division of Mental Health if those materials are available
26 through an administrative request to the Department of
HB1768 - 11 - LRB104 07775 BDA 17820 b
HB1768- 12 -LRB104 07775 BDA 17820 b HB1768 - 12 - LRB104 07775 BDA 17820 b
HB1768 - 12 - LRB104 07775 BDA 17820 b
1 Corrections or Department of Human Services Division of
2 Mental Health.
3 (e-8) Records requested by a person committed to the
4 Department of Corrections, Department of Human Services
5 Division of Mental Health, or a county jail, the
6 disclosure of which would result in the risk of harm to any
7 person or the risk of an escape from a jail or correctional
8 institution or facility.
9 (e-9) Records requested by a person in a county jail
10 or committed to the Department of Corrections or
11 Department of Human Services Division of Mental Health,
12 containing personal information pertaining to the person's
13 victim or the victim's family, including, but not limited
14 to, a victim's home address, home telephone number, work
15 or school address, work telephone number, social security
16 number, or any other identifying information, except as
17 may be relevant to a requester's current or potential case
18 or claim.
19 (e-10) Law enforcement records of other persons
20 requested by a person committed to the Department of
21 Corrections, Department of Human Services Division of
22 Mental Health, or a county jail, including, but not
23 limited to, arrest and booking records, mug shots, and
24 crime scene photographs, except as these records may be
25 relevant to the requester's current or potential case or
26 claim.
HB1768 - 12 - LRB104 07775 BDA 17820 b
HB1768- 13 -LRB104 07775 BDA 17820 b HB1768 - 13 - LRB104 07775 BDA 17820 b
HB1768 - 13 - LRB104 07775 BDA 17820 b
1 (f) Preliminary drafts, notes, recommendations,
2 memoranda, and other records in which opinions are
3 expressed, or policies or actions are formulated, except
4 that a specific record or relevant portion of a record
5 shall not be exempt when the record is publicly cited and
6 identified by the head of the public body. The exemption
7 provided in this paragraph (f) extends to all those
8 records of officers and agencies of the General Assembly
9 that pertain to the preparation of legislative documents.
10 (g) Trade secrets and commercial or financial
11 information obtained from a person or business where the
12 trade secrets or commercial or financial information are
13 furnished under a claim that they are proprietary,
14 privileged, or confidential, and that disclosure of the
15 trade secrets or commercial or financial information would
16 cause competitive harm to the person or business, and only
17 insofar as the claim directly applies to the records
18 requested.
19 The information included under this exemption includes
20 all trade secrets and commercial or financial information
21 obtained by a public body, including a public pension
22 fund, from a private equity fund or a privately held
23 company within the investment portfolio of a private
24 equity fund as a result of either investing or evaluating
25 a potential investment of public funds in a private equity
26 fund. The exemption contained in this item does not apply
HB1768 - 13 - LRB104 07775 BDA 17820 b
HB1768- 14 -LRB104 07775 BDA 17820 b HB1768 - 14 - LRB104 07775 BDA 17820 b
HB1768 - 14 - LRB104 07775 BDA 17820 b
1 to the aggregate financial performance information of a
2 private equity fund, nor to the identity of the fund's
3 managers or general partners. The exemption contained in
4 this item does not apply to the identity of a privately
5 held company within the investment portfolio of a private
6 equity fund, unless the disclosure of the identity of a
7 privately held company may cause competitive harm.
8 Nothing contained in this paragraph (g) shall be
9 construed to prevent a person or business from consenting
10 to disclosure.
11 (h) Proposals and bids for any contract, grant, or
12 agreement, including information which if it were
13 disclosed would frustrate procurement or give an advantage
14 to any person proposing to enter into a contractor
15 agreement with the body, until an award or final selection
16 is made. Information prepared by or for the body in
17 preparation of a bid solicitation shall be exempt until an
18 award or final selection is made.
19 (i) Valuable formulae, computer geographic systems,
20 designs, drawings, and research data obtained or produced
21 by any public body when disclosure could reasonably be
22 expected to produce private gain or public loss. The
23 exemption for "computer geographic systems" provided in
24 this paragraph (i) does not extend to requests made by
25 news media as defined in Section 2 of this Act when the
26 requested information is not otherwise exempt and the only
HB1768 - 14 - LRB104 07775 BDA 17820 b
HB1768- 15 -LRB104 07775 BDA 17820 b HB1768 - 15 - LRB104 07775 BDA 17820 b
HB1768 - 15 - LRB104 07775 BDA 17820 b
1 purpose of the request is to access and disseminate
2 information regarding the health, safety, welfare, or
3 legal rights of the general public.
4 (j) The following information pertaining to
5 educational matters:
6 (i) test questions, scoring keys, and other
7 examination data used to administer an academic
8 examination;
9 (ii) information received by a primary or
10 secondary school, college, or university under its
11 procedures for the evaluation of faculty members by
12 their academic peers;
13 (iii) information concerning a school or
14 university's adjudication of student disciplinary
15 cases, but only to the extent that disclosure would
16 unavoidably reveal the identity of the student; and
17 (iv) course materials or research materials used
18 by faculty members.
19 (k) Architects' plans, engineers' technical
20 submissions, and other construction related technical
21 documents for projects not constructed or developed in
22 whole or in part with public funds and the same for
23 projects constructed or developed with public funds,
24 including, but not limited to, power generating and
25 distribution stations and other transmission and
26 distribution facilities, water treatment facilities,
HB1768 - 15 - LRB104 07775 BDA 17820 b
HB1768- 16 -LRB104 07775 BDA 17820 b HB1768 - 16 - LRB104 07775 BDA 17820 b
HB1768 - 16 - LRB104 07775 BDA 17820 b
1 airport facilities, sport stadiums, convention centers,
2 and all government owned, operated, or occupied buildings,
3 but only to the extent that disclosure would compromise
4 security.
5 (l) Minutes of meetings of public bodies closed to the
6 public as provided in the Open Meetings Act until the
7 public body makes the minutes available to the public
8 under Section 2.06 of the Open Meetings Act.
9 (m) Communications between a public body and an
10 attorney or auditor representing the public body that
11 would not be subject to discovery in litigation, and
12 materials prepared or compiled by or for a public body in
13 anticipation of a criminal, civil, or administrative
14 proceeding upon the request of an attorney advising the
15 public body, and materials prepared or compiled with
16 respect to internal audits of public bodies.
17 (n) Records relating to a public body's adjudication
18 of employee grievances or disciplinary cases; however,
19 this exemption shall not extend to the final outcome of
20 cases in which discipline is imposed.
21 (o) Administrative or technical information associated
22 with automated data processing operations, including, but
23 not limited to, software, operating protocols, computer
24 program abstracts, file layouts, source listings, object
25 modules, load modules, user guides, documentation
26 pertaining to all logical and physical design of
HB1768 - 16 - LRB104 07775 BDA 17820 b
HB1768- 17 -LRB104 07775 BDA 17820 b HB1768 - 17 - LRB104 07775 BDA 17820 b
HB1768 - 17 - LRB104 07775 BDA 17820 b
1 computerized systems, employee manuals, and any other
2 information that, if disclosed, would jeopardize the
3 security of the system or its data or the security of
4 materials exempt under this Section.
5 (p) Records relating to collective negotiating matters
6 between public bodies and their employees or
7 representatives, except that any final contract or
8 agreement shall be subject to inspection and copying.
9 (q) Test questions, scoring keys, and other
10 examination data used to determine the qualifications of
11 an applicant for a license or employment.
12 (r) The records, documents, and information relating
13 to real estate purchase negotiations until those
14 negotiations have been completed or otherwise terminated.
15 With regard to a parcel involved in a pending or actually
16 and reasonably contemplated eminent domain proceeding
17 under the Eminent Domain Act, records, documents, and
18 information relating to that parcel shall be exempt except
19 as may be allowed under discovery rules adopted by the
20 Illinois Supreme Court. The records, documents, and
21 information relating to a real estate sale shall be exempt
22 until a sale is consummated.
23 (s) Any and all proprietary information and records
24 related to the operation of an intergovernmental risk
25 management association or self-insurance pool or jointly
26 self-administered health and accident cooperative or pool.
HB1768 - 17 - LRB104 07775 BDA 17820 b
HB1768- 18 -LRB104 07775 BDA 17820 b HB1768 - 18 - LRB104 07775 BDA 17820 b
HB1768 - 18 - LRB104 07775 BDA 17820 b
1 Insurance or self-insurance (including any
2 intergovernmental risk management association or
3 self-insurance pool) claims, loss or risk management
4 information, records, data, advice, or communications.
5 (t) Information contained in or related to
6 examination, operating, or condition reports prepared by,
7 on behalf of, or for the use of a public body responsible
8 for the regulation or supervision of financial
9 institutions, insurance companies, or pharmacy benefit
10 managers, unless disclosure is otherwise required by State
11 law.
12 (u) Information that would disclose or might lead to
13 the disclosure of secret or confidential information,
14 codes, algorithms, programs, or private keys intended to
15 be used to create electronic signatures under the Uniform
16 Electronic Transactions Act.
17 (v) Vulnerability assessments, security measures, and
18 response policies or plans that are designed to identify,
19 prevent, or respond to potential attacks upon a
20 community's population or systems, facilities, or
21 installations, but only to the extent that disclosure
22 could reasonably be expected to expose the vulnerability
23 or jeopardize the effectiveness of the measures, policies,
24 or plans, or the safety of the personnel who implement
25 them or the public. Information exempt under this item may
26 include such things as details pertaining to the
HB1768 - 18 - LRB104 07775 BDA 17820 b
HB1768- 19 -LRB104 07775 BDA 17820 b HB1768 - 19 - LRB104 07775 BDA 17820 b
HB1768 - 19 - LRB104 07775 BDA 17820 b
1 mobilization or deployment of personnel or equipment, to
2 the operation of communication systems or protocols, to
3 cybersecurity vulnerabilities, or to tactical operations.
4 (w) (Blank).
5 (x) Maps and other records regarding the location or
6 security of generation, transmission, distribution,
7 storage, gathering, treatment, or switching facilities
8 owned by a utility, by a power generator, or by the
9 Illinois Power Agency.
10 (y) Information contained in or related to proposals,
11 bids, or negotiations related to electric power
12 procurement under Section 1-75 of the Illinois Power
13 Agency Act and Section 16-111.5 of the Public Utilities
14 Act that is determined to be confidential and proprietary
15 by the Illinois Power Agency or by the Illinois Commerce
16 Commission.
17 (z) Information about students exempted from
18 disclosure under Section 10-20.38 or 34-18.29 of the
19 School Code, and information about undergraduate students
20 enrolled at an institution of higher education exempted
21 from disclosure under Section 25 of the Illinois Credit
22 Card Marketing Act of 2009.
23 (aa) Information the disclosure of which is exempted
24 under the Viatical Settlements Act of 2009.
25 (bb) Records and information provided to a mortality
26 review team and records maintained by a mortality review
HB1768 - 19 - LRB104 07775 BDA 17820 b
HB1768- 20 -LRB104 07775 BDA 17820 b HB1768 - 20 - LRB104 07775 BDA 17820 b
HB1768 - 20 - LRB104 07775 BDA 17820 b
1 team appointed under the Department of Juvenile Justice
2 Mortality Review Team Act.
3 (cc) Information regarding interments, entombments, or
4 inurnments of human remains that are submitted to the
5 Cemetery Oversight Database under the Cemetery Care Act or
6 the Cemetery Oversight Act, whichever is applicable.
7 (dd) Correspondence and records (i) that may not be
8 disclosed under Section 11-9 of the Illinois Public Aid
9 Code or (ii) that pertain to appeals under Section 11-8 of
10 the Illinois Public Aid Code.
11 (ee) The names, addresses, or other personal
12 information of persons who are minors and are also
13 participants and registrants in programs of park
14 districts, forest preserve districts, conservation
15 districts, recreation agencies, and special recreation
16 associations.
17 (ff) The names, addresses, or other personal
18 information of participants and registrants in programs of
19 park districts, forest preserve districts, conservation
20 districts, recreation agencies, and special recreation
21 associations where such programs are targeted primarily to
22 minors.
23 (gg) Confidential information described in Section
24 1-100 of the Illinois Independent Tax Tribunal Act of
25 2012.
26 (hh) The report submitted to the State Board of
HB1768 - 20 - LRB104 07775 BDA 17820 b
HB1768- 21 -LRB104 07775 BDA 17820 b HB1768 - 21 - LRB104 07775 BDA 17820 b
HB1768 - 21 - LRB104 07775 BDA 17820 b
1 Education by the School Security and Standards Task Force
2 under item (8) of subsection (d) of Section 2-3.160 of the
3 School Code and any information contained in that report.
4 (ii) Records requested by persons committed to or
5 detained by the Department of Human Services under the
6 Sexually Violent Persons Commitment Act or committed to
7 the Department of Corrections under the Sexually Dangerous
8 Persons Act if those materials: (i) are available in the
9 library of the facility where the individual is confined;
10 (ii) include records from staff members' personnel files,
11 staff rosters, or other staffing assignment information;
12 or (iii) are available through an administrative request
13 to the Department of Human Services or the Department of
14 Corrections.
15 (jj) Confidential information described in Section
16 5-535 of the Civil Administrative Code of Illinois.
17 (kk) The public body's credit card numbers, debit card
18 numbers, bank account numbers, Federal Employer
19 Identification Number, security code numbers, passwords,
20 and similar account information, the disclosure of which
21 could result in identity theft or impression or defrauding
22 of a governmental entity or a person.
23 (ll) Records concerning the work of the threat
24 assessment team of a school district, including, but not
25 limited to, any threat assessment procedure under the
26 School Safety Drill Act and any information contained in
HB1768 - 21 - LRB104 07775 BDA 17820 b
HB1768- 22 -LRB104 07775 BDA 17820 b HB1768 - 22 - LRB104 07775 BDA 17820 b
HB1768 - 22 - LRB104 07775 BDA 17820 b
1 the procedure.
2 (mm) Information prohibited from being disclosed under
3 subsections (a) and (b) of Section 15 of the Student
4 Confidential Reporting Act.
5 (nn) Proprietary information submitted to the
6 Environmental Protection Agency under the Drug Take-Back
7 Act.
8 (oo) Records described in subsection (f) of Section
9 3-5-1 of the Unified Code of Corrections.
10 (pp) Any and all information regarding burials,
11 interments, or entombments of human remains as required to
12 be reported to the Department of Natural Resources
13 pursuant either to the Archaeological and Paleontological
14 Resources Protection Act or the Human Remains Protection
15 Act.
16 (qq) Reports described in subsection (e) of Section
17 16-15 of the Abortion Care Clinical Training Program Act.
18 (rr) Information obtained by a certified local health
19 department under the Access to Public Health Data Act.
20 (ss) For a request directed to a public body that is
21 also a HIPAA-covered entity, all information that is
22 protected health information, including demographic
23 information, that may be contained within or extracted
24 from any record held by the public body in compliance with
25 State and federal medical privacy laws and regulations,
26 including, but not limited to, the Health Insurance
HB1768 - 22 - LRB104 07775 BDA 17820 b
HB1768- 23 -LRB104 07775 BDA 17820 b HB1768 - 23 - LRB104 07775 BDA 17820 b
HB1768 - 23 - LRB104 07775 BDA 17820 b
1 Portability and Accountability Act and its regulations, 45
2 CFR Parts 160 and 164. As used in this paragraph,
3 "HIPAA-covered entity" has the meaning given to the term
4 "covered entity" in 45 CFR 160.103 and "protected health
5 information" has the meaning given to that term in 45 CFR
6 160.103.
7 (tt) Proposals or bids submitted by engineering
8 consultants in response to requests for proposal or other
9 competitive bidding requests by the Department of
10 Transportation or the Illinois Toll Highway Authority.
11 (1.5) Any information exempt from disclosure under the
12 Judicial Privacy Act and the Public Safety and Justice Privacy
13 Act shall be redacted from public records prior to disclosure
14 under this Act.
15 (2) A public record that is not in the possession of a
16 public body but is in the possession of a party with whom the
17 agency has contracted to perform a governmental function on
18 behalf of the public body, and that directly relates to the
19 governmental function and is not otherwise exempt under this
20 Act, shall be considered a public record of the public body,
21 for purposes of this Act.
22 (3) This Section does not authorize withholding of
23 information or limit the availability of records to the
24 public, except as stated in this Section or otherwise provided
25 in this Act.
26 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
HB1768 - 23 - LRB104 07775 BDA 17820 b
HB1768- 24 -LRB104 07775 BDA 17820 b HB1768 - 24 - LRB104 07775 BDA 17820 b
HB1768 - 24 - LRB104 07775 BDA 17820 b
1 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
2 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
3 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
4 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
5 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
6 eff. 7-1-24; 103-865, eff. 1-1-25.)
7 Section 105. The Election Code is amended by adding
8 Section 10-10.3 as follows:
9 (10 ILCS 5/10-10.3 new)
10 Sec. 10-10.3. Removal of an official's address information
11 from the certificate of nomination or nomination papers.
12 (a) As used in this Section, "home address" and "official"
13 have the meanings given to those terms in Section 5 of the
14 Public Safety and Justice Privacy Act.
15 (b) Upon expiration of the period for filing an objection
16 to an official's certificate of nomination or nomination
17 papers, an official who is a candidate may file a written
18 request with the State Board of Elections for redaction of the
19 official's home address information from his or her
20 certificate of nomination or nomination papers. After receipt
21 of the official's written request, the State Board of
22 Elections shall redact or cause redaction of the official's
23 home address from his or her certificate of nomination or
24 nomination papers within 5 business days.
HB1768 - 24 - LRB104 07775 BDA 17820 b
HB1768- 25 -LRB104 07775 BDA 17820 b HB1768 - 25 - LRB104 07775 BDA 17820 b
HB1768 - 25 - LRB104 07775 BDA 17820 b
1 (c) Prior to expiration of the period for filing an
2 objection to an official's certificate of nomination or
3 nomination papers, the home address information from the
4 certificate of nomination or nomination papers of an official
5 who is a candidate is available for public inspection. After
6 redaction of an official's home address information under
7 subsection (b), the home address information is only available
8 for an in camera inspection by the court reviewing an
9 objection to the official's certificate of nomination or
10 nomination papers.
11 Section 110. The Illinois Identification Card Act is
12 amended by changing Sections 4 and 5 as follows:
13 (15 ILCS 335/4)
14 Sec. 4. Identification card.
15 (a) In accordance with the requirements of this Section,
16 the Secretary of State shall issue a standard Illinois
17 Identification Card, as well as a mobile Illinois
18 Identification Card, to any natural person who is a resident
19 of the State of Illinois who applies for such a card, or
20 renewal thereof. No identification card shall be issued to any
21 person who holds a valid foreign state identification card,
22 license, or permit unless the person first surrenders to the
23 Secretary of State the valid foreign state identification
24 card, license, or permit. The card shall be prepared and
HB1768 - 25 - LRB104 07775 BDA 17820 b
HB1768- 26 -LRB104 07775 BDA 17820 b HB1768 - 26 - LRB104 07775 BDA 17820 b
HB1768 - 26 - LRB104 07775 BDA 17820 b
1 supplied by the Secretary of State and shall include a
2 photograph and signature or mark of the applicant. However,
3 the Secretary of State may provide by rule for the issuance of
4 Illinois Identification Cards without photographs if the
5 applicant has a bona fide religious objection to being
6 photographed or to the display of his or her photograph. The
7 Illinois Identification Card may be used for identification
8 purposes in any lawful situation only by the person to whom it
9 was issued. As used in this Act, "photograph" means any color
10 photograph or digitally produced and captured image of an
11 applicant for an identification card. As used in this Act,
12 "signature" means the name of a person as written by that
13 person and captured in a manner acceptable to the Secretary of
14 State.
15 (a-5) If an applicant for an identification card has a
16 current driver's license or instruction permit issued by the
17 Secretary of State, the Secretary may require the applicant to
18 utilize the same residence address and name on the
19 identification card, driver's license, and instruction permit
20 records maintained by the Secretary. The Secretary may
21 promulgate rules to implement this provision.
22 (a-10) If the applicant is a judicial officer as defined
23 in Section 1-10 of the Judicial Privacy Act, an official as
24 defined in Section 5 of the Public Safety and Justice Privacy
25 Act, or a peace officer, the applicant may elect to have his or
26 her office or work address listed on the card instead of the
HB1768 - 26 - LRB104 07775 BDA 17820 b
HB1768- 27 -LRB104 07775 BDA 17820 b HB1768 - 27 - LRB104 07775 BDA 17820 b
HB1768 - 27 - LRB104 07775 BDA 17820 b
1 applicant's residence or mailing address. The Secretary may
2 promulgate rules to implement this provision. For the purposes
3 of this subsection (a-10), "peace officer" means any person
4 who by virtue of his or her office or public employment is
5 vested by law with a duty to maintain public order or to make
6 arrests for a violation of any penal statute of this State,
7 whether that duty extends to all violations or is limited to
8 specific violations.
9 (a-15) The Secretary of State may provide for an expedited
10 process for the issuance of an Illinois Identification Card.
11 The Secretary shall charge an additional fee for the expedited
12 issuance of an Illinois Identification Card, to be set by
13 rule, not to exceed $75. All fees collected by the Secretary
14 for expedited Illinois Identification Card service shall be
15 deposited into the Secretary of State Special Services Fund.
16 The Secretary may adopt rules regarding the eligibility,
17 process, and fee for an expedited Illinois Identification
18 Card. If the Secretary of State determines that the volume of
19 expedited identification card requests received on a given day
20 exceeds the ability of the Secretary to process those requests
21 in an expedited manner, the Secretary may decline to provide
22 expedited services, and the additional fee for the expedited
23 service shall be refunded to the applicant.
24 (a-20) The Secretary of State shall issue a standard
25 Illinois Identification Card to a person committed to the
26 Department of Corrections, the Department of Juvenile Justice,
HB1768 - 27 - LRB104 07775 BDA 17820 b
HB1768- 28 -LRB104 07775 BDA 17820 b HB1768 - 28 - LRB104 07775 BDA 17820 b
HB1768 - 28 - LRB104 07775 BDA 17820 b
1 a Federal Bureau of Prisons facility located in Illinois, or a
2 county jail or county department of corrections as follows: if
3 the person has a social security number,
4 (1) A committed person who has previously held an
5 Illinois Identification Card or an Illinois driver's
6 license shall submit an Identification Card verification
7 form to the Secretary of State, including a photograph
8 taken by the correctional facility, proof of residency
9 upon discharge, and a social security number, if the
10 committed person has a social security number. If the
11 committed person does not have a social security number
12 and is eligible for a social security number, the
13 Secretary of State shall not issue a standard Illinois
14 Identification Card until the committed person obtains a
15 social security number. If the committed person's
16 photograph and demographic information matches an existing
17 Illinois Identification Card or Illinois driver's license
18 and the Secretary of State verifies the applicant's social
19 security number with the Social Security Administration,
20 the Secretary of State shall issue the committed person a
21 standard Illinois Identification Card. If the photograph
22 or demographic information matches an existing Illinois
23 Identification Card or Illinois driver's license in
24 another person's name or identity, a standard Illinois
25 Identification Card shall not be issued until the
26 committed person submits a certified birth certificate and
HB1768 - 28 - LRB104 07775 BDA 17820 b
HB1768- 29 -LRB104 07775 BDA 17820 b HB1768 - 29 - LRB104 07775 BDA 17820 b
HB1768 - 29 - LRB104 07775 BDA 17820 b
1 social security card to the Secretary of State and the
2 Secretary of State verifies the identity of the committed
3 person. If the Secretary of State cannot find a match to an
4 existing Illinois Identification Card or Illinois driver's
5 license, the committed person may apply for a standard
6 Illinois Identification card as described in paragraph
7 (2).
8 (2) A committed person who has not previously held an
9 Illinois Identification Card or Illinois driver's license
10 or for whom a match cannot be found as described in
11 paragraph (1) shall submit an Illinois Identification Card
12 verification form, including a photograph taken by the
13 correctional facility, a certified birth certificate,
14 proof of residency upon discharge, and a social security
15 number, if the committed has a social security number. If
16 the committed person does not have a social security
17 number and is eligible for a social security number, the
18 Secretary of State shall not issue a standard Illinois
19 Identification Card until the committed person obtains a
20 social security number. If the Secretary of State verifies
21 the applicant's social security number with the Social
22 Security Administration, the Secretary of State shall
23 issue the committed person a standard Illinois
24 Identification Card.
25 The Illinois Identification Card verification form
26 described in this subsection shall be prescribed by the
HB1768 - 29 - LRB104 07775 BDA 17820 b
HB1768- 30 -LRB104 07775 BDA 17820 b HB1768 - 30 - LRB104 07775 BDA 17820 b
HB1768 - 30 - LRB104 07775 BDA 17820 b
1 Secretary of State. The Secretary of State and correctional
2 facilities in this State shall establish a secure method to
3 transfer the form.
4 (a-25) The Secretary of State shall issue a limited-term
5 Illinois Identification Card valid for 90 days to a committed
6 person upon release on parole, mandatory supervised release,
7 aftercare release, final discharge, or pardon from the
8 Department of Corrections, the Department of Juvenile Justice,
9 a Federal Bureau of Prisons facility located in Illinois, or a
10 county jail or county department of corrections, if the
11 released person does not obtain a standard Illinois
12 Identification Card as described in subsection (a-20) prior to
13 release but does present a Secretary of State prescribed
14 Identification Card verification form completed by the
15 correctional facility, verifying the released person's date of
16 birth, social security number, if the person has a social
17 security number, and his or her Illinois residence address.
18 The verification form must have been completed no more than 30
19 days prior to the date of application for the Illinois
20 Identification Card.
21 Prior to the expiration of the 90-day period of the
22 limited-term Illinois Identification Card, if the released
23 person submits to the Secretary of State a certified copy of
24 his or her birth certificate and his or her social security
25 card, if the person has a social security number, or other
26 documents authorized by the Secretary, a standard Illinois
HB1768 - 30 - LRB104 07775 BDA 17820 b
HB1768- 31 -LRB104 07775 BDA 17820 b HB1768 - 31 - LRB104 07775 BDA 17820 b
HB1768 - 31 - LRB104 07775 BDA 17820 b
1 Identification Card shall be issued. A limited-term Illinois
2 Identification Card may not be renewed.
3 This subsection shall not apply to a released person who
4 was unable to obtain a standard Illinois Identification Card
5 because his or her photograph or demographic information
6 matched an existing Illinois Identification Card or Illinois
7 driver's license in another person's name or identity or to a
8 released person who does not have a social security number and
9 is eligible for a social security number.
10 (a-30) The Secretary of State shall issue a standard
11 Illinois Identification Card to a person upon conditional
12 release or absolute discharge from the custody of the
13 Department of Human Services, if the person presents a
14 certified copy of his or her birth certificate, social
15 security card, if the person has a social security number, or
16 other documents authorized by the Secretary, and a document
17 proving his or her Illinois residence address. The Secretary
18 of State shall issue a standard Illinois Identification Card
19 to a person prior to his or her conditional release or absolute
20 discharge if personnel from the Department of Human Services
21 bring the person to a Secretary of State location with the
22 required documents. Documents proving residence address may
23 include any official document of the Department of Human
24 Services showing the person's address after release and a
25 Secretary of State prescribed verification form, which may be
26 executed by personnel of the Department of Human Services.
HB1768 - 31 - LRB104 07775 BDA 17820 b
HB1768- 32 -LRB104 07775 BDA 17820 b HB1768 - 32 - LRB104 07775 BDA 17820 b
HB1768 - 32 - LRB104 07775 BDA 17820 b
1 (a-35) The Secretary of State shall issue a limited-term
2 Illinois Identification Card valid for 90 days to a person
3 upon conditional release or absolute discharge from the
4 custody of the Department of Human Services, if the person is
5 unable to present a certified copy of his or her birth
6 certificate and social security card, if the person has a
7 social security number, or other documents authorized by the
8 Secretary, but does present a Secretary of State prescribed
9 verification form completed by the Department of Human
10 Services, verifying the person's date of birth and social
11 security number, if the person has a social security number,
12 and a document proving his or her Illinois residence address.
13 The verification form must have been completed no more than 30
14 days prior to the date of application for the Illinois
15 Identification Card. The Secretary of State shall issue a
16 limited-term Illinois Identification Card to a person no
17 sooner than 14 days prior to his or her conditional release or
18 absolute discharge if personnel from the Department of Human
19 Services bring the person to a Secretary of State location
20 with the required documents. Documents proving residence
21 address shall include any official document of the Department
22 of Human Services showing the person's address after release
23 and a Secretary of State prescribed verification form, which
24 may be executed by personnel of the Department of Human
25 Services.
26 (b) The Secretary of State shall issue a special Illinois
HB1768 - 32 - LRB104 07775 BDA 17820 b
HB1768- 33 -LRB104 07775 BDA 17820 b HB1768 - 33 - LRB104 07775 BDA 17820 b
HB1768 - 33 - LRB104 07775 BDA 17820 b
1 Identification Card, which shall be known as an Illinois
2 Person with a Disability Identification Card, to any natural
3 person who is a resident of the State of Illinois, who is a
4 person with a disability as defined in Section 4A of this Act,
5 who applies for such card, or renewal thereof. No Illinois
6 Person with a Disability Identification Card shall be issued
7 to any person who holds a valid foreign state identification
8 card, license, or permit unless the person first surrenders to
9 the Secretary of State the valid foreign state identification
10 card, license, or permit. The Secretary of State shall charge
11 no fee to issue such card. 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, a
14 designation indicating that the card is an Illinois Person
15 with a Disability Identification Card, and shall include a
16 comprehensible designation of the type and classification of
17 the applicant's disability as set out in Section 4A of this
18 Act. However, the Secretary of State may provide by rule for
19 the issuance of Illinois Person with a Disability
20 Identification Cards without photographs if the applicant has
21 a bona fide religious objection to being photographed or to
22 the display of his or her photograph. If the applicant so
23 requests, the card shall include a description of the
24 applicant's disability and any information about the
25 applicant's disability or medical history which the Secretary
26 determines would be helpful to the applicant in securing
HB1768 - 33 - LRB104 07775 BDA 17820 b
HB1768- 34 -LRB104 07775 BDA 17820 b HB1768 - 34 - LRB104 07775 BDA 17820 b
HB1768 - 34 - LRB104 07775 BDA 17820 b
1 emergency medical care. If a mark is used in lieu of a
2 signature, such mark shall be affixed to the card in the
3 presence of 2 two witnesses who attest to the authenticity of
4 the mark. The Illinois Person with a Disability Identification
5 Card may be used for identification purposes in any lawful
6 situation by the person to whom it was issued.
7 The Illinois Person with a Disability Identification Card
8 may be used as adequate documentation of disability in lieu of
9 a physician's determination of disability, a determination of
10 disability from a physician assistant, a determination of
11 disability from an advanced practice registered nurse, or any
12 other documentation of disability whenever any State law
13 requires that a person with a disability provide such
14 documentation of disability, however an Illinois Person with a
15 Disability Identification Card shall not qualify the
16 cardholder to participate in any program or to receive any
17 benefit which is not available to all persons with like
18 disabilities. Notwithstanding any other provisions of law, an
19 Illinois Person with a Disability Identification Card, or
20 evidence that the Secretary of State has issued an Illinois
21 Person with a Disability Identification Card, shall not be
22 used by any person other than the person named on such card to
23 prove that the person named on such card is a person with a
24 disability or for any other purpose unless the card is used for
25 the benefit of the person named on such card, and the person
26 named on such card consents to such use at the time the card is
HB1768 - 34 - LRB104 07775 BDA 17820 b
HB1768- 35 -LRB104 07775 BDA 17820 b HB1768 - 35 - LRB104 07775 BDA 17820 b
HB1768 - 35 - LRB104 07775 BDA 17820 b
1 so used.
2 An optometrist's determination of a visual disability
3 under Section 4A of this Act is acceptable as documentation
4 for the purpose of issuing an Illinois Person with a
5 Disability Identification Card.
6 When medical information is contained on an Illinois
7 Person with a Disability Identification Card, the Office of
8 the Secretary of State shall not be liable for any actions
9 taken based upon that medical information.
10 (c) The Secretary of State shall provide that each
11 original or renewal Illinois Identification Card or Illinois
12 Person with a Disability Identification Card issued to a
13 person under the age of 21 shall be of a distinct nature from
14 those Illinois Identification Cards or Illinois Person with a
15 Disability Identification Cards issued to individuals 21 years
16 of age or older. The color designated for Illinois
17 Identification Cards or Illinois Person with a Disability
18 Identification Cards for persons under the age of 21 shall be
19 at the discretion of the Secretary of State.
20 (c-1) Each original or renewal Illinois Identification
21 Card or Illinois Person with a Disability Identification Card
22 issued to a person under the age of 21 shall display the date
23 upon which the person becomes 18 years of age and the date upon
24 which the person becomes 21 years of age.
25 (c-3) The General Assembly recognizes the need to identify
26 military veterans living in this State for the purpose of
HB1768 - 35 - LRB104 07775 BDA 17820 b
HB1768- 36 -LRB104 07775 BDA 17820 b HB1768 - 36 - LRB104 07775 BDA 17820 b
HB1768 - 36 - LRB104 07775 BDA 17820 b
1 ensuring that they receive all of the services and benefits to
2 which they are legally entitled, including healthcare,
3 education assistance, and job placement. To assist the State
4 in identifying these veterans and delivering these vital
5 services and benefits, the Secretary of State is authorized to
6 issue Illinois Identification Cards and Illinois Person with a
7 Disability Identification Cards with the word "veteran"
8 appearing on the face of the cards. This authorization is
9 predicated on the unique status of veterans. The Secretary may
10 not issue any other identification card which identifies an
11 occupation, status, affiliation, hobby, or other unique
12 characteristics of the identification card holder which is
13 unrelated to the purpose of the identification card.
14 (c-5) Beginning on or before July 1, 2015, the Secretary
15 of State shall designate a space on each original or renewal
16 identification card where, at the request of the applicant,
17 the word "veteran" shall be placed. The veteran designation
18 shall be available to a person identified as a veteran under
19 subsection (b) of Section 5 of this Act who was discharged or
20 separated under honorable conditions.
21 (d) The Secretary of State may issue a Senior Citizen
22 discount card, to any natural person who is a resident of the
23 State of Illinois who is 60 years of age or older and who
24 applies for such a card or renewal thereof. The Secretary of
25 State shall charge no fee to issue such card. The card shall be
26 issued in every county and applications shall be made
HB1768 - 36 - LRB104 07775 BDA 17820 b
HB1768- 37 -LRB104 07775 BDA 17820 b HB1768 - 37 - LRB104 07775 BDA 17820 b
HB1768 - 37 - LRB104 07775 BDA 17820 b
1 available at, but not limited to, nutrition sites, senior
2 citizen centers and Area Agencies on Aging. The applicant,
3 upon receipt of such card and prior to its use for any purpose,
4 shall have affixed thereon in the space provided therefor his
5 signature or mark.
6 (e) The Secretary of State, in his or her discretion, may
7 designate on each Illinois Identification Card or Illinois
8 Person with a Disability Identification Card a space where the
9 card holder may place a sticker or decal, issued by the
10 Secretary of State, of uniform size as the Secretary may
11 specify, that shall indicate in appropriate language that the
12 card holder has renewed his or her Illinois Identification
13 Card or Illinois Person with a Disability Identification Card.
14 (f)(1) The Secretary of State may issue a mobile
15 identification card to an individual who is otherwise eligible
16 to hold a physical credential in addition to, and not instead
17 of, an identification card if the Secretary of State has
18 issued an identification card to the person. The data elements
19 that are used to build an electronic credential must match the
20 individual's current Department record.
21 (2) The Secretary may enter into agreements or contract
22 with an agency of the State, another state, the United States,
23 or a third party to facilitate the issuance, use, and
24 verification of a mobile identification card issued by the
25 Secretary or another state.
26 (3) Any mobile identification card issued by the Secretary
HB1768 - 37 - LRB104 07775 BDA 17820 b
HB1768- 38 -LRB104 07775 BDA 17820 b HB1768 - 38 - LRB104 07775 BDA 17820 b
HB1768 - 38 - LRB104 07775 BDA 17820 b
1 shall be in accordance with the most recent AAMVA standards.
2 (4) The Secretary shall design the mobile identification
3 card in a manner that allows the credential holder to maintain
4 physical possession of the device on which the mobile
5 identification card is accessed during verification.
6 (g) The verification process shall be implemented to
7 require:
8 (1) the relying parties to authenticate electronic
9 credentials in accordance with applicable AAMVA standards
10 prior to acceptance of the electronic credential;
11 (2) the Secretary to ensure that electronic credential
12 data is subject to all jurisdictional data security and
13 privacy protection laws and regulations; and
14 (3) the relying parties to request only electronic
15 credential data elements that are necessary to complete
16 the transaction for which data is being requested.
17 (h) Privacy and tracking of data shall be restricted by
18 implementing the following requirements:
19 (1) the relying parties shall retain only electronic
20 credential data elements for which the relying party
21 explicitly obtained consent from the electronic credential
22 holder and shall inform the electronic credential holder
23 of the use and retention period of the electronic data
24 elements;
25 (2) the Secretary shall use an electronic credential
26 system that is designed to maximize the privacy of the
HB1768 - 38 - LRB104 07775 BDA 17820 b
HB1768- 39 -LRB104 07775 BDA 17820 b HB1768 - 39 - LRB104 07775 BDA 17820 b
HB1768 - 39 - LRB104 07775 BDA 17820 b
1 credential holder in accordance with State and federal law
2 and shall not track or compile information without the
3 credential holder's consent; and
4 (3) the Department shall only compile and disclose
5 information regarding the use of the credential as
6 required by State or federal law.
7 (i)(1) The electronic credential holder shall be required
8 to have the holder's their physical credential on the holder's
9 their person for all purposes for which an identification card
10 is required. No person, public entity, private entity, or
11 agency shall establish a policy that requires an electronic
12 credential instead of a physical credential.
13 (2) Electronic credential systems shall be designed so
14 that there is no requirement for the electronic credential
15 holder to display or relinquish possession of the credential
16 holder's mobile device to relying parties for the acceptance
17 of an electronic credential.
18 (3) When required by law and upon request by law
19 enforcement, a credential holder must provide the credential
20 holder's physical credential.
21 (4) Any law or regulation that requires an individual to
22 surrender the individual's their physical credential to law
23 enforcement does not apply to the device on which an
24 electronic credential has been provisioned.
25 (j) A person may be required to produce when so requested a
26 physical identification card to a law enforcement officer, a
HB1768 - 39 - LRB104 07775 BDA 17820 b
HB1768- 40 -LRB104 07775 BDA 17820 b HB1768 - 40 - LRB104 07775 BDA 17820 b
HB1768 - 40 - LRB104 07775 BDA 17820 b
1 representative of a State or federal department or agency, or
2 a private entity and is subject to all applicable laws and
3 consequences for failure to produce such an identification
4 card.
5 (k) The Secretary of State shall adopt such rules as are
6 necessary to implement a mobile identification card.
7 (l) The display of a mobile identification card shall not
8 serve as consent or authorization for a law enforcement
9 officer, or any other person, to search, view, or access any
10 other data or application on the mobile device. If a person
11 presents the person's mobile device to a law enforcement
12 officer for purposes of displaying a mobile identification
13 card, the law enforcement officer shall promptly return the
14 mobile device to the person once the officer has had an
15 opportunity to verify the identity of the person. Except for
16 willful and wanton misconduct, any law enforcement officer,
17 court, or officer of the court presented with the device shall
18 be immune from any liability resulting from damage to the
19 mobile device.
20 (m) The fee to install the application to display a mobile
21 identification card as defined in this subsection shall not
22 exceed $6.
23 (n) As used in this Section:
24 "AAMVA" means the American Association of Motor Vehicle
25 Administrators.
26 "Credential" means a driver's license, learner's permit,
HB1768 - 40 - LRB104 07775 BDA 17820 b
HB1768- 41 -LRB104 07775 BDA 17820 b HB1768 - 41 - LRB104 07775 BDA 17820 b
HB1768 - 41 - LRB104 07775 BDA 17820 b
1 or identification card.
2 "Credential holder" means the individual to whom a mobile
3 driver's license or a mobile identification card is issued.
4 "Data element" means a distinct component of a customer's
5 information that is found on the Department's customer record.
6 "Department" means the Secretary of State Department of
7 Driver Services.
8 "Electronic credential" means an electronic extension of
9 the departmental issued physical credential that conveys
10 identity and complies with AAMVA's mobile driver license
11 Implementation guidelines and the ISO/IEC 18013-5 standard.
12 "Electronic credential system" means a digital process
13 that includes a method for provisioning electronic
14 credentials, requesting and transmitting electronic credential
15 data elements, and performing tasks to maintain the system.
16 "Full profile" means all the information provided on an
17 identification card.
18 "ISO" means the International Organization for
19 Standardization, which creates uniform processes and
20 procedures.
21 "Limited profile" means a portion of the information
22 provided on an Identification Card.
23 "Mobile identification card" means a data file that is
24 available on any mobile device that has connectivity to the
25 Internet through an application that allows the mobile device
26 to download the data file from the Secretary of State, that
HB1768 - 41 - LRB104 07775 BDA 17820 b
HB1768- 42 -LRB104 07775 BDA 17820 b HB1768 - 42 - LRB104 07775 BDA 17820 b
HB1768 - 42 - LRB104 07775 BDA 17820 b
1 contains all the data elements visible on the face and back of
2 an identification card, and that displays the current status
3 of the identification card. "Mobile identification card" does
4 not include a copy, photograph, or image of an Illinois
5 Identification Card that is not downloaded through the
6 application on a mobile device.
7 "Physical credential" means a Department-issued Department
8 issued document that conveys identity in accordance with the
9 Illinois Identification Card Act.
10 "Provision" means the initial loading of an electronic
11 credential onto a device.
12 "Relying party" means the entity to which the credential
13 holder presents the electronic credential.
14 "Verification process" means a method of authenticating
15 the electronic credential through the use of secured
16 encryption communication.
17 (o) (f) Upon providing the required documentation, at the
18 request of the applicant, the identification card may reflect
19 Gold Star Family designation. The Secretary shall designate a
20 space on each original or renewal of an identification card
21 for such designation. This designation shall be available to a
22 person eligible for Gold Star license plates under subsection
23 (f) of Section 6-106 of the Illinois Vehicle Code.
24 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
25 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff.
26 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised
HB1768 - 42 - LRB104 07775 BDA 17820 b
HB1768- 43 -LRB104 07775 BDA 17820 b HB1768 - 43 - LRB104 07775 BDA 17820 b
HB1768 - 43 - LRB104 07775 BDA 17820 b
1 11-26-24.)
2 (15 ILCS 335/5)
3 Sec. 5. Applications.
4 (a) Any natural person who is a resident of the State of
5 Illinois may file an application for an identification card,
6 or for the renewal thereof, in a manner prescribed by the
7 Secretary. Each original application shall be completed by the
8 applicant in full and shall set forth the legal name,
9 residence address and zip code, social security number, if the
10 person has a social security number, birth date, sex and a
11 brief description of the applicant. The applicant shall be
12 photographed, unless the Secretary of State has provided by
13 rule for the issuance of identification cards without
14 photographs and the applicant is deemed eligible for an
15 identification card without a photograph under the terms and
16 conditions imposed by the Secretary of State, and he or she
17 shall also submit any other information as the Secretary may
18 deem necessary or such documentation as the Secretary may
19 require to determine the identity of the applicant. In
20 addition to the residence address, the Secretary may allow the
21 applicant to provide a mailing address. If the applicant is an
22 employee of the Department of Children and Family Services
23 with a job title of "Child Protection Specialist Trainee",
24 "Child Protection Specialist", "Child Protection Advanced
25 Specialist", "Child Welfare Specialist Trainee", "Child
HB1768 - 43 - LRB104 07775 BDA 17820 b
HB1768- 44 -LRB104 07775 BDA 17820 b HB1768 - 44 - LRB104 07775 BDA 17820 b
HB1768 - 44 - LRB104 07775 BDA 17820 b
1 Welfare Specialist", or "Child Welfare Advanced Specialist" or
2 a judicial officer as defined in Section 1-10 of the Judicial
3 Privacy Act, an official as defined in Section 5 of the Public
4 Safety and Justice Privacy Act, or a peace officer, the
5 applicant may elect to have his or her office or work address
6 in lieu of the applicant's residence or mailing address. An
7 applicant for an Illinois Person with a Disability
8 Identification Card must also submit with each original or
9 renewal application, on forms prescribed by the Secretary,
10 such documentation as the Secretary may require, establishing
11 that the applicant is a "person with a disability" as defined
12 in Section 4A of this Act, and setting forth the applicant's
13 type and class of disability as set forth in Section 4A of this
14 Act. For the purposes of this subsection (a), "peace officer"
15 means any person who by virtue of his or her office or public
16 employment is vested by law with a duty to maintain public
17 order or to make arrests for a violation of any penal statute
18 of this State, whether that duty extends to all violations or
19 is limited to specific violations.
20 (a-5) Upon the first issuance of a request for proposals
21 for a digital driver's license and identification card
22 issuance and facial recognition system issued after January 1,
23 2020 (the effective date of Public Act 101-513), and upon
24 implementation of a new or revised system procured pursuant to
25 that request for proposals, the Secretary shall permit
26 applicants to choose between "male", "female", or "non-binary"
HB1768 - 44 - LRB104 07775 BDA 17820 b
HB1768- 45 -LRB104 07775 BDA 17820 b HB1768 - 45 - LRB104 07775 BDA 17820 b
HB1768 - 45 - LRB104 07775 BDA 17820 b
1 when designating the applicant's sex on the identification
2 card application form. The sex designated by the applicant
3 shall be displayed on the identification card issued to the
4 applicant.
5 (b) Beginning on or before July 1, 2015, for each original
6 or renewal identification card application under this Act, the
7 Secretary shall inquire as to whether the applicant is a
8 veteran for purposes of issuing an identification card with a
9 veteran designation under subsection (c-5) of Section 4 of
10 this Act. The acceptable forms of proof shall include, but are
11 not limited to, Department of Defense form DD-214, Department
12 of Defense form DD-256 for applicants who did not receive a
13 form DD-214 upon the completion of initial basic training,
14 Department of Defense form DD-2 (Retired), an identification
15 card issued under the federal Veterans Identification Card Act
16 of 2015, or a United States Department of Veterans Affairs
17 summary of benefits letter. If the document cannot be stamped,
18 the Illinois Department of Veterans' Affairs shall provide a
19 certificate to the veteran to provide to the Secretary of
20 State. The Illinois Department of Veterans' Affairs shall
21 advise the Secretary as to what other forms of proof of a
22 person's status as a veteran are acceptable.
23 For each applicant who is issued an identification card
24 with a veteran designation, the Secretary shall provide the
25 Department of Veterans' Affairs with the applicant's name,
26 address, date of birth, gender, and such other demographic
HB1768 - 45 - LRB104 07775 BDA 17820 b
HB1768- 46 -LRB104 07775 BDA 17820 b HB1768 - 46 - LRB104 07775 BDA 17820 b
HB1768 - 46 - LRB104 07775 BDA 17820 b
1 information as agreed to by the Secretary and the Department.
2 The Department may take steps necessary to confirm the
3 applicant is a veteran. If after due diligence, including
4 writing to the applicant at the address provided by the
5 Secretary, the Department is unable to verify the applicant's
6 veteran status, the Department shall inform the Secretary, who
7 shall notify the applicant that he or she must confirm status
8 as a veteran, or the identification card will be canceled
9 cancelled.
10 For purposes of this subsection (b):
11 "Armed forces" means any of the Armed Forces of the United
12 States, including a member of any reserve component or
13 National Guard unit.
14 "Veteran" means a person who has served in the armed
15 forces and was discharged or separated under honorable
16 conditions.
17 (b-1) An applicant who is eligible for Gold Star license
18 plates under Section 3-664 of the Illinois Vehicle Code may
19 apply for an identification card with space for a designation
20 as a Gold Star Family. The Secretary may waive any fee for this
21 application. If the Secretary does not waive the fee, any fee
22 charged to the applicant must be deposited into the Illinois
23 Veterans Assistance Fund. The Secretary is authorized to issue
24 rules to implement this subsection.
25 (c) All applicants for REAL ID compliant standard Illinois
26 Identification Cards and Illinois Person with a Disability
HB1768 - 46 - LRB104 07775 BDA 17820 b
HB1768- 47 -LRB104 07775 BDA 17820 b HB1768 - 47 - LRB104 07775 BDA 17820 b
HB1768 - 47 - LRB104 07775 BDA 17820 b
1 Identification Cards shall provide proof of lawful status in
2 the United States as defined in 6 CFR 37.3, as amended.
3 Applicants who are unable to provide the Secretary with proof
4 of lawful status are ineligible for REAL ID compliant
5 identification cards under this Act.
6 (d) The Secretary of State may accept, as proof of date of
7 birth and written signature for any applicant for a standard
8 identification card who does not have a social security number
9 or documentation issued by the United States Department of
10 Homeland Security authorizing the applicant's presence in this
11 country, any passport validly issued to the applicant from the
12 applicant's country of citizenship or a consular
13 identification document validly issued to the applicant by a
14 consulate of that country as defined in Section 5 of the
15 Consular Identification Document Act. Any such documents must
16 be either unexpired or presented by an applicant within 2
17 years of its expiration date.
18 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
19 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
20 Section 115. The Illinois Vehicle Code is amended by
21 changing Sections 3-405, 6-106, and 6-110 as follows:
22 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
23 Sec. 3-405. Application for registration.
24 (a) Every owner of a vehicle subject to registration under
HB1768 - 47 - LRB104 07775 BDA 17820 b
HB1768- 48 -LRB104 07775 BDA 17820 b HB1768 - 48 - LRB104 07775 BDA 17820 b
HB1768 - 48 - LRB104 07775 BDA 17820 b
1 this Code shall make application to the Secretary of State for
2 the registration of such vehicle upon the appropriate form or
3 forms furnished by the Secretary. Every such original
4 application shall bear the signature of the owner written with
5 pen and ink and contain:
6 1. The name, domicile address, as defined in Section
7 1-115.5 of this Code, (except as otherwise provided in
8 this paragraph 1), mail address of the owner or business
9 address of the owner if a firm, association, or
10 corporation, and, if available, email address of the
11 owner. If the mailing address is a post office box number,
12 the address listed on the driver license record may be
13 used to verify residence. A police officer, a deputy
14 sheriff, an elected sheriff, a law enforcement officer for
15 the Illinois State Police, a fire investigator, a state's
16 attorney, an assistant state's attorney, a state's
17 attorney special investigator, an official, or a judicial
18 officer may elect to furnish the address of the
19 headquarters of the governmental entity, police district,
20 or business address where he or she works instead of his or
21 her domicile address, in which case that address shall be
22 deemed to be his or her domicile address for all purposes
23 under this Chapter 3. The spouse and children of a person
24 who may elect under this paragraph 1 to furnish the
25 address of the headquarters of the government entity,
26 police district, or business address where the person
HB1768 - 48 - LRB104 07775 BDA 17820 b
HB1768- 49 -LRB104 07775 BDA 17820 b HB1768 - 49 - LRB104 07775 BDA 17820 b
HB1768 - 49 - LRB104 07775 BDA 17820 b
1 works instead of the person's domicile address may, if
2 they reside with that person, also elect to furnish the
3 address of the headquarters of the government entity,
4 police district, or business address where the person
5 works as their domicile address, in which case that
6 address shall be deemed to be their domicile address for
7 all purposes under this Chapter 3. In this paragraph 1:
8 (A) "police officer" has the meaning ascribed to
9 "policeman" in Section 10-3-1 of the Illinois Municipal
10 Code; (B) "deputy sheriff" means a deputy sheriff
11 appointed under Section 3-6008 of the Counties Code; (C)
12 "elected sheriff" means a sheriff commissioned pursuant to
13 Section 3-6001 of the Counties Code; (D) "fire
14 investigator" means a person classified as a peace officer
15 under the Peace Officer Fire Investigation Act; (E)
16 "state's attorney", "assistant state's attorney", and
17 "state's attorney special investigator" mean a state's
18 attorney, assistant state's attorney, and state's attorney
19 special investigator commissioned or appointed under
20 Division 3-9 of the Counties Code; and (F) "judicial
21 officer" has the meaning ascribed to it in Section 1-10 of
22 the Judicial Privacy Act; and (G) "official" has the
23 meaning ascribed to it in Section 5 of the Public Safety
24 and Justice Privacy Act.
25 2. A description of the vehicle, including such
26 information as is required in an application for a
HB1768 - 49 - LRB104 07775 BDA 17820 b
HB1768- 50 -LRB104 07775 BDA 17820 b HB1768 - 50 - LRB104 07775 BDA 17820 b
HB1768 - 50 - LRB104 07775 BDA 17820 b
1 certificate of title, determined under such standard
2 rating as may be prescribed by the Secretary.
3 3. (Blank).
4 3.5. A space for a voluntary disclosure of a condition
5 that impedes effective communication under Section
6 3-405.5.
7 4. Such further information as may reasonably be
8 required by the Secretary to enable him to determine
9 whether the vehicle is lawfully entitled to registration
10 and the owner entitled to a certificate of title.
11 5. An affirmation by the applicant that all
12 information set forth is true and correct. If the
13 application is for the registration of a motor vehicle,
14 the applicant also shall affirm that the motor vehicle is
15 insured as required by this Code, that such insurance will
16 be maintained throughout the period for which the motor
17 vehicle shall be registered, and that neither the owner,
18 nor any person operating the motor vehicle with the
19 owner's permission, shall operate the motor vehicle unless
20 the required insurance is in effect. If the person signing
21 the affirmation is not the sole owner of the vehicle, such
22 person shall be deemed to have affirmed on behalf of all
23 the owners of the vehicle. If the person signing the
24 affirmation is not an owner of the vehicle, such person
25 shall be deemed to have affirmed on behalf of the owner or
26 owners of the vehicle. The lack of signature on the
HB1768 - 50 - LRB104 07775 BDA 17820 b
HB1768- 51 -LRB104 07775 BDA 17820 b HB1768 - 51 - LRB104 07775 BDA 17820 b
HB1768 - 51 - LRB104 07775 BDA 17820 b
1 application shall not in any manner exempt the owner or
2 owners from any provisions, requirements or penalties of
3 this Code.
4 (b) When such application refers to a new vehicle
5 purchased from a dealer the application shall be accompanied
6 by a Manufacturer's Statement of Origin from the dealer, and a
7 statement showing any lien retained by the dealer.
8 (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
9 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
10 Sec. 6-106. Application for license or instruction permit.
11 (a) Every application for any permit or license authorized
12 to be issued under this Code shall be made upon a form
13 furnished by the Secretary of State. Every application shall
14 be accompanied by the proper fee and payment of such fee shall
15 entitle the applicant to not more than 3 attempts to pass the
16 examination within a period of one year after the date of
17 application.
18 (b) Every application shall state the legal name, zip
19 code, date of birth, sex, and residence address of the
20 applicant; briefly describe the applicant; state whether the
21 applicant has theretofore been licensed as a driver, and, if
22 so, when and by what state or country, and whether any such
23 license has ever been cancelled, suspended, revoked or
24 refused, and, if so, the date and reason for such
25 cancellation, suspension, revocation or refusal; shall include
HB1768 - 51 - LRB104 07775 BDA 17820 b
HB1768- 52 -LRB104 07775 BDA 17820 b HB1768 - 52 - LRB104 07775 BDA 17820 b
HB1768 - 52 - LRB104 07775 BDA 17820 b
1 an affirmation by the applicant that all information set forth
2 is true and correct; and shall bear the applicant's signature.
3 In addition to the residence address, the Secretary may allow
4 the applicant to provide a mailing address. In the case of an
5 applicant who is a judicial officer, official, or peace
6 officer, the Secretary may allow the applicant to provide an
7 office or work address in lieu of a residence or mailing
8 address. The application form may also require the statement
9 of such additional relevant information as the Secretary of
10 State shall deem necessary to determine the applicant's
11 competency and eligibility. The Secretary of State may, in his
12 discretion, by rule or regulation, provide that an application
13 for a drivers license or permit may include a suitable
14 photograph of the applicant in the form prescribed by the
15 Secretary, and he may further provide that each drivers
16 license shall include a photograph of the driver. The
17 Secretary of State may utilize a photograph process or system
18 most suitable to deter alteration or improper reproduction of
19 a drivers license and to prevent substitution of another photo
20 thereon.
21 For the purposes of this subsection (b): ,
22 "Official" has the meaning ascribed to it in Section 5 of
23 the Public Safety and Justice Privacy Act.
24 "Peace peace officer" means any person who by virtue of
25 his or her office or public employment is vested by law with a
26 duty to maintain public order or to make arrests for a
HB1768 - 52 - LRB104 07775 BDA 17820 b
HB1768- 53 -LRB104 07775 BDA 17820 b HB1768 - 53 - LRB104 07775 BDA 17820 b
HB1768 - 53 - LRB104 07775 BDA 17820 b
1 violation of any penal statute of this State, whether that
2 duty extends to all violations or is limited to specific
3 violations.
4 (b-1) Every application shall state the social security
5 number of the applicant; except if the applicant is applying
6 for a standard driver's license and, on the date of
7 application, is ineligible for a social security number, then:
8 (1) if the applicant has documentation, issued by the
9 United States Department of Homeland Security, authorizing
10 the applicant's presence in this country, the applicant
11 shall provide such documentation instead of a social
12 security number; and
13 (2) if the applicant does not have documentation
14 described in paragraph (1), the applicant shall provide,
15 instead of a social security number, the following:
16 (A) documentation establishing that the applicant
17 has resided in this State for a period in excess of one
18 year;
19 (B) a passport validly issued to the applicant
20 from the applicant's country of citizenship or a
21 consular identification document validly issued to the
22 applicant by a consulate of that country as defined in
23 Section 5 of the Consular Identification Document Act,
24 as long as such documents are either unexpired or
25 presented by an applicant within 2 years of its
26 expiration date; and
HB1768 - 53 - LRB104 07775 BDA 17820 b
HB1768- 54 -LRB104 07775 BDA 17820 b HB1768 - 54 - LRB104 07775 BDA 17820 b
HB1768 - 54 - LRB104 07775 BDA 17820 b
1 (C) a social security card, if the applicant has a
2 social security number.
3 (b-3) Upon the first issuance of a request for proposals
4 for a digital driver's license and identification card
5 issuance and facial recognition system issued after January 1,
6 2020 (the effective date of Public Act 101-513), and upon
7 implementation of a new or revised system procured pursuant to
8 that request for proposals, the Secretary shall permit
9 applicants to choose between "male", "female" or "non-binary"
10 when designating the applicant's sex on the driver's license
11 application form. The sex designated by the applicant shall be
12 displayed on the driver's license issued to the applicant.
13 (b-5) Every applicant for a REAL ID compliant driver's
14 license or permit shall provide proof of lawful status in the
15 United States as defined in 6 CFR 37.3, as amended.
16 (c) The application form shall include a notice to the
17 applicant of the registration obligations of sex offenders
18 under the Sex Offender Registration Act. The notice shall be
19 provided in a form and manner prescribed by the Secretary of
20 State. For purposes of this subsection (c), "sex offender" has
21 the meaning ascribed to it in Section 2 of the Sex Offender
22 Registration Act.
23 (d) Any male United States citizen or immigrant who
24 applies for any permit or license authorized to be issued
25 under this Code or for a renewal of any permit or license, and
26 who is at least 18 years of age but less than 26 years of age,
HB1768 - 54 - LRB104 07775 BDA 17820 b
HB1768- 55 -LRB104 07775 BDA 17820 b HB1768 - 55 - LRB104 07775 BDA 17820 b
HB1768 - 55 - LRB104 07775 BDA 17820 b
1 must be registered in compliance with the requirements of the
2 federal Military Selective Service Act. The Secretary of State
3 must forward in an electronic format the necessary personal
4 information regarding the applicants identified in this
5 subsection (d) to the Selective Service System. The
6 applicant's signature on the application serves as an
7 indication that the applicant either has already registered
8 with the Selective Service System or that he is authorizing
9 the Secretary to forward to the Selective Service System the
10 necessary information for registration. The Secretary must
11 notify the applicant at the time of application that his
12 signature constitutes consent to registration with the
13 Selective Service System, if he is not already registered.
14 (e) Beginning on or before July 1, 2015, for each original
15 or renewal driver's license application under this Code, the
16 Secretary shall inquire as to whether the applicant is a
17 veteran for purposes of issuing a driver's license with a
18 veteran designation under subsection (e-5) of Section 6-110 of
19 this Code. The acceptable forms of proof shall include, but
20 are not limited to, Department of Defense form DD-214,
21 Department of Defense form DD-256 for applicants who did not
22 receive a form DD-214 upon the completion of initial basic
23 training, Department of Defense form DD-2 (Retired), an
24 identification card issued under the federal Veterans
25 Identification Card Act of 2015, or a United States Department
26 of Veterans Affairs summary of benefits letter. If the
HB1768 - 55 - LRB104 07775 BDA 17820 b
HB1768- 56 -LRB104 07775 BDA 17820 b HB1768 - 56 - LRB104 07775 BDA 17820 b
HB1768 - 56 - LRB104 07775 BDA 17820 b
1 document cannot be stamped, the Illinois Department of
2 Veterans' Affairs shall provide a certificate to the veteran
3 to provide to the Secretary of State. The Illinois Department
4 of Veterans' Affairs shall advise the Secretary as to what
5 other forms of proof of a person's status as a veteran are
6 acceptable.
7 For each applicant who is issued a driver's license with a
8 veteran designation, the Secretary shall provide the
9 Department of Veterans' Affairs with the applicant's name,
10 address, date of birth, gender and such other demographic
11 information as agreed to by the Secretary and the Department.
12 The Department may take steps necessary to confirm the
13 applicant is a veteran. If after due diligence, including
14 writing to the applicant at the address provided by the
15 Secretary, the Department is unable to verify the applicant's
16 veteran status, the Department shall inform the Secretary, who
17 shall notify the applicant that he or she must confirm status
18 as a veteran, or the driver's license will be cancelled.
19 For purposes of this subsection (e):
20 "Armed forces" means any of the Armed Forces of the United
21 States, including a member of any reserve component or
22 National Guard unit.
23 "Veteran" means a person who has served in the armed
24 forces and was discharged or separated under honorable
25 conditions.
26 (f) An applicant who is eligible for Gold Star license
HB1768 - 56 - LRB104 07775 BDA 17820 b
HB1768- 57 -LRB104 07775 BDA 17820 b HB1768 - 57 - LRB104 07775 BDA 17820 b
HB1768 - 57 - LRB104 07775 BDA 17820 b
1 plates under Section 3-664 of this Code may apply for an
2 original or renewal driver's license with space for a
3 designation as a Gold Star Family. The Secretary may waive any
4 fee for this application. If the Secretary does not waive the
5 fee, any fee charged to the applicant must be deposited into
6 the Illinois Veterans Assistance Fund. The Secretary is
7 authorized to issue rules to implement this subsection.
8 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
9 103-933, eff. 1-1-25.)
10 (625 ILCS 5/6-110)
11 Sec. 6-110. Licenses issued to drivers.
12 (a) The Secretary of State shall issue to every qualifying
13 applicant a driver's license as applied for, which license
14 shall bear a distinguishing number assigned to the licensee,
15 the legal name, signature, zip code, date of birth, residence
16 address, and a brief description of the licensee.
17 Licenses issued shall also indicate the classification and
18 the restrictions under Section 6-104 of this Code. The
19 Secretary may adopt rules to establish informational
20 restrictions that can be placed on the driver's license
21 regarding specific conditions of the licensee.
22 A driver's license issued may, in the discretion of the
23 Secretary, include a suitable photograph of a type prescribed
24 by the Secretary.
25 (a-1) If the licensee is less than 18 years of age, unless
HB1768 - 57 - LRB104 07775 BDA 17820 b
HB1768- 58 -LRB104 07775 BDA 17820 b HB1768 - 58 - LRB104 07775 BDA 17820 b
HB1768 - 58 - LRB104 07775 BDA 17820 b
1 one of the exceptions in subsection (a-2) apply, the license
2 shall, as a matter of law, be invalid for the operation of any
3 motor vehicle during the following times:
4 (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
5 (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
6 Sunday; and
7 (C) Between 10:00 p.m. on Sunday to Thursday,
8 inclusive, and 6:00 a.m. on the following day.
9 (a-2) The driver's license of a person under the age of 18
10 shall not be invalid as described in subsection (a-1) of this
11 Section if the licensee under the age of 18 was:
12 (1) accompanied by the licensee's parent or guardian
13 or other person in custody or control of the minor;
14 (2) on an errand at the direction of the minor's
15 parent or guardian, without any detour or stop;
16 (3) in a motor vehicle involved in interstate travel;
17 (4) going to or returning home from an employment
18 activity, without any detour or stop;
19 (5) involved in an emergency;
20 (6) going to or returning home from, without any
21 detour or stop, an official school, religious, or other
22 recreational activity supervised by adults and sponsored
23 by a government or governmental agency, a civic
24 organization, or another similar entity that takes
25 responsibility for the licensee, without any detour or
26 stop;
HB1768 - 58 - LRB104 07775 BDA 17820 b
HB1768- 59 -LRB104 07775 BDA 17820 b HB1768 - 59 - LRB104 07775 BDA 17820 b
HB1768 - 59 - LRB104 07775 BDA 17820 b
1 (7) exercising First Amendment rights protected by the
2 United States Constitution, such as the free exercise of
3 religion, freedom of speech, and the right of assembly; or
4 (8) married or had been married or is an emancipated
5 minor under the Emancipation of Minors Act.
6 (a-2.5) The driver's license of a person who is 17 years of
7 age and has been licensed for at least 12 months is not invalid
8 as described in subsection (a-1) of this Section while the
9 licensee is participating as an assigned driver in a Safe
10 Rides program that meets the following criteria:
11 (1) the program is sponsored by the Boy Scouts of
12 America or another national public service organization;
13 and
14 (2) the sponsoring organization carries liability
15 insurance covering the program.
16 (a-3) If a graduated driver's license holder over the age
17 of 18 committed an offense against traffic regulations
18 governing the movement of vehicles or any violation of Section
19 6-107 or Section 12-603.1 of this Code in the 6 months prior to
20 the graduated driver's license holder's 18th birthday, and was
21 subsequently convicted of the offense, the provisions of
22 subsection (a-1) shall continue to apply until such time as a
23 period of 6 consecutive months has elapsed without an
24 additional violation and subsequent conviction of an offense
25 against traffic regulations governing the movement of vehicles
26 or Section 6-107 or Section 12-603.1 of this Code.
HB1768 - 59 - LRB104 07775 BDA 17820 b
HB1768- 60 -LRB104 07775 BDA 17820 b HB1768 - 60 - LRB104 07775 BDA 17820 b
HB1768 - 60 - LRB104 07775 BDA 17820 b
1 (a-4) If an applicant for a driver's license or
2 instruction permit has a current identification card issued by
3 the Secretary of State, the Secretary may require the
4 applicant to utilize the same residence address and name on
5 the identification card, driver's license, and instruction
6 permit records maintained by the Secretary. The Secretary may
7 promulgate rules to implement this provision.
8 (a-5) If an applicant for a driver's license is an
9 employee of the Department of Children and Family Services
10 with a job title of "Child Protection Specialist Trainee",
11 "Child Protection Specialist", "Child Protection Advanced
12 Specialist", "Child Welfare Specialist Trainee", "Child
13 Welfare Specialist", or "Child Welfare Advanced Specialist" or
14 a judicial officer or a peace officer, the applicant may elect
15 to have his or her office or work address listed on the license
16 instead of the applicant's residence or mailing address. The
17 Secretary of State shall adopt rules to implement this
18 subsection (a-5).
19 For the purposes of this subsection (a-5): ,
20 "Official" has the meaning ascribed to it in Section 5 of
21 the Public Safety and Justice Privacy Act.
22 "Peace peace officer" means any person who by virtue of
23 his or her office or public employment is vested by law with a
24 duty to maintain public order or to make arrests for a
25 violation of any penal statute of this State, whether that
26 duty extends to all violations or is limited to specific
HB1768 - 60 - LRB104 07775 BDA 17820 b
HB1768- 61 -LRB104 07775 BDA 17820 b HB1768 - 61 - LRB104 07775 BDA 17820 b
HB1768 - 61 - LRB104 07775 BDA 17820 b
1 violations.
2 (b) Until the Secretary of State establishes a First
3 Person Consent organ and tissue donor registry under Section
4 6-117 of this Code, the Secretary of State shall provide a
5 format on the reverse of each driver's license issued which
6 the licensee may use to execute a document of gift conforming
7 to the provisions of the Illinois Anatomical Gift Act. The
8 format shall allow the licensee to indicate the gift intended,
9 whether specific organs, any organ, or the entire body, and
10 shall accommodate the signatures of the donor and 2 witnesses.
11 The Secretary shall also inform each applicant or licensee of
12 this format, describe the procedure for its execution, and may
13 offer the necessary witnesses; provided that in so doing, the
14 Secretary shall advise the applicant or licensee that he or
15 she is under no compulsion to execute a document of gift. A
16 brochure explaining this method of executing an anatomical
17 gift document shall be given to each applicant or licensee.
18 The brochure shall advise the applicant or licensee that he or
19 she is under no compulsion to execute a document of gift, and
20 that he or she may wish to consult with family, friends, or
21 clergy before doing so. The Secretary of State may undertake
22 additional efforts, including education and awareness
23 activities, to promote organ and tissue donation.
24 (c) The Secretary of State shall designate on each
25 driver's license issued a space where the licensee may place a
26 sticker or decal of the uniform size as the Secretary may
HB1768 - 61 - LRB104 07775 BDA 17820 b
HB1768- 62 -LRB104 07775 BDA 17820 b HB1768 - 62 - LRB104 07775 BDA 17820 b
HB1768 - 62 - LRB104 07775 BDA 17820 b
1 specify, which sticker or decal may indicate in appropriate
2 language that the owner of the license carries an Emergency
3 Medical Information Card.
4 The sticker may be provided by any person, hospital,
5 school, medical group, or association interested in assisting
6 in implementing the Emergency Medical Information Card, but
7 shall meet the specifications as the Secretary may by rule or
8 regulation require.
9 (d) The Secretary of State shall designate on each
10 driver's license issued a space where the licensee may
11 indicate his blood type and RH factor.
12 (e) The Secretary of State shall provide that each
13 original or renewal driver's license issued to a licensee
14 under 21 years of age shall be of a distinct nature from those
15 driver's licenses issued to individuals 21 years of age and
16 older. The color designated for driver's licenses for
17 licensees under 21 years of age shall be at the discretion of
18 the Secretary of State.
19 (e-1) The Secretary shall provide that each driver's
20 license issued to a person under the age of 21 displays the
21 date upon which the person becomes 18 years of age and the date
22 upon which the person becomes 21 years of age.
23 (e-3) The General Assembly recognizes the need to identify
24 military veterans living in this State for the purpose of
25 ensuring that they receive all of the services and benefits to
26 which they are legally entitled, including health care
HB1768 - 62 - LRB104 07775 BDA 17820 b
HB1768- 63 -LRB104 07775 BDA 17820 b HB1768 - 63 - LRB104 07775 BDA 17820 b
HB1768 - 63 - LRB104 07775 BDA 17820 b
1 healthcare, education assistance, and job placement. To assist
2 the State in identifying these veterans and delivering these
3 vital services and benefits, the Secretary of State is
4 authorized to issue drivers' licenses with the word "veteran"
5 appearing on the face of the licenses. This authorization is
6 predicated on the unique status of veterans. The Secretary may
7 not issue any other driver's license which identifies an
8 occupation, status, affiliation, hobby, or other unique
9 characteristics of the license holder which is unrelated to
10 the purpose of the driver's license.
11 (e-5) Beginning on or before July 1, 2015, the Secretary
12 of State shall designate a space on each original or renewal
13 driver's license where, at the request of the applicant, the
14 word "veteran" shall be placed. The veteran designation shall
15 be available to a person identified as a veteran under
16 subsection (e) of Section 6-106 of this Code who was
17 discharged or separated under honorable conditions.
18 (e-7) Upon providing the required documentation, at the
19 request of the applicant, the driver's license may reflect
20 Gold Star Family designation. The Secretary shall designate a
21 space on each original or renewal driver's license for such
22 designation. This designation shall be available to a person
23 eligible for Gold Star license plates under subsection (f) of
24 Section 6-106 of this Code.
25 (f) The Secretary of State shall inform all Illinois
26 licensed commercial motor vehicle operators of the
HB1768 - 63 - LRB104 07775 BDA 17820 b
HB1768- 64 -LRB104 07775 BDA 17820 b HB1768 - 64 - LRB104 07775 BDA 17820 b
HB1768 - 64 - LRB104 07775 BDA 17820 b
1 requirements of the Uniform Commercial Driver License Act,
2 Article V of this Chapter, and shall make provisions to insure
3 that all drivers, seeking to obtain a commercial driver's
4 license, be afforded an opportunity prior to April 1, 1992, to
5 obtain the license. The Secretary is authorized to extend
6 driver's license expiration dates, and assign specific times,
7 dates and locations where these commercial driver's tests
8 shall be conducted. Any applicant, regardless of the current
9 expiration date of the applicant's driver's license, may be
10 subject to any assignment by the Secretary. Failure to comply
11 with the Secretary's assignment may result in the applicant's
12 forfeiture of an opportunity to receive a commercial driver's
13 license prior to April 1, 1992.
14 (g) The Secretary of State shall designate on a driver's
15 license issued, a space where the licensee may indicate that
16 he or she has drafted a living will in accordance with the
17 Illinois Living Will Act or a durable power of attorney for
18 health care in accordance with the Illinois Power of Attorney
19 Act.
20 (g-1) The Secretary of State, in his or her discretion,
21 may designate on each driver's license issued a space where
22 the licensee may place a sticker or decal, issued by the
23 Secretary of State, of uniform size as the Secretary may
24 specify, that shall indicate in appropriate language that the
25 owner of the license has renewed his or her driver's license.
26 (h) A person who acts in good faith in accordance with the
HB1768 - 64 - LRB104 07775 BDA 17820 b
HB1768- 65 -LRB104 07775 BDA 17820 b HB1768 - 65 - LRB104 07775 BDA 17820 b
HB1768 - 65 - LRB104 07775 BDA 17820 b
1 terms of this Section is not liable for damages in any civil
2 action or subject to prosecution in any criminal proceeding
3 for his or her act.
4 (i) The Secretary shall designate a space on each original
5 or renewal of a driver's license, at the request of the
6 applicant, for a designation as a Gold Star Family. This
7 designation shall be available to a person eligible for Gold
8 Star license plates under subsection (f) of Section 6-106 of
9 this Code.
10 (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25;
11 revised 11-26-24.)
HB1768 - 65 - LRB104 07775 BDA 17820 b