Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1252 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes. LRB104 03258 LNS 13280 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes. LRB104 03258 LNS 13280 b LRB104 03258 LNS 13280 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Identification Card Act is amended
15	15	5 by changing Sections 1A, 5, and 11 as follows:
16	16	6 (15 ILCS 335/1A)
17	17	7 Sec. 1A. Definitions. As used in this Act:
18	18	8 "Highly restricted personal information" means an
19	19	9 individual's photograph, signature, social security number,
20	20	10 and medical or disability information.
21	21	11 "Identification card making implement" means any material,
22	22	12 hardware, or software that is specifically designed for or
23	23	13 primarily used in the manufacture, assembly, issuance, or
24	24	14 authentication of an official identification card issued by
25	25	15 the Secretary of State.
26	26	16 "Fraudulent identification card" means any identification
27	27	17 card that purports to be an official identification card for
28	28	18 which a computerized number and file have not been created by
29	29	19 the Secretary of State, the United States Government or any
30	30	20 state or political subdivision thereof, or any governmental or
31	31	21 quasi-governmental organization. For the purpose of this Act,
32	32	22 any identification card that resembles an official
33	33	23 identification card in either size, color, photograph
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes.
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68	68	1 location, or design or uses the word "official", "state",
69	69	2 "Illinois", or the name of any other state or political
70	70	3 subdivision thereof, or any governmental or quasi-governmental
71	71	4 organization individually or in any combination thereof to
72	72	5 describe or modify the term "identification card" or "I.D.
73	73	6 card" anywhere on the card, or uses a shape in the likeness of
74	74	7 Illinois or any other state on the photograph side of the card,
75	75	8 is deemed to be a fraudulent identification card unless the
76	76	9 words "This is not an official Identification Card", appear
77	77	10 prominently upon it in black colored lettering in 12-point
78	78	11 type on the photograph side of the card, and no such card shall
79	79	12 be smaller in size than 3 inches by 4 inches, and the
80	80	13 photograph shall be on the left side of the card only.
81	81	14 "Legal name" means the full given name and surname of an
82	82	15 individual as recorded at birth, recorded at marriage, or
83	83	16 deemed as the correct legal name for use in reporting income by
84	84	17 the Social Security Administration or the name as otherwise
85	85	18 established through legal action that appears on the
86	86	19 associated official document presented to the Secretary of
87	87	20 State.
88	88	21 "Personally identifying information" means information
89	89	22 that identifies an individual, including his or her
90	90	23 identification card number, name, address (but not the 5-digit
91	91	24 zip code), date of birth, height, weight, hair color, eye
92	92	25 color, email address, and telephone number.
93	93	26 "Homeless person" or "homeless individual" has the same
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104	104	1 meaning as defined by the federal McKinney-Vento Homeless
105	105	2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
106	106	3 "Youth for whom the Department of Children and Family
107	107	4 Services is legally responsible" or "foster child" means a
108	108	5 child or youth whose guardianship or custody has been accepted
109	109	6 by the Department of Children and Family Services pursuant to
110	110	7 the Juvenile Court Act of 1987, the Children and Family
111	111	8 Services Act, the Abused and Neglected Child Reporting Act,
112	112	9 and the Adoption Act. This applies to children for whom the
113	113	10 Department of Children and Family Services has temporary
114	114	11 protective custody, custody or guardianship via court order,
115	115	12 or children whose parents have signed an adoptive surrender or
116	116	13 voluntary placement agreement with the Department.
117	117	14 "REAL ID compliant identification card" means a standard
118	118	15 Illinois Identification Card or Illinois Person with a
119	119	16 Disability Identification Card issued in compliance with the
120	120	17 REAL ID Act and implementing regulations. REAL ID compliant
121	121	18 identification cards shall bear a security marking approved by
122	122	19 the United States Department of Homeland Security.
123	123	20 "Standard identification card" means a standard Illinois
124	124	21 Identification Card or Illinois Person with a Disability
125	125	22 Identification Card issued in a manner which is not compliant
126	126	23 with the REAL ID Act and implementing regulations. Standard
127	127	24 identification cards shall be marked "Federal Limits Apply"
128	128	25 and shall have a color or design different from the REAL ID
129	129	26 compliant identification card.
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140	140	1 "Limited Term REAL ID compliant identification card" means
141	141	2 a REAL ID compliant identification card that is issued to a
142	142	3 person who is not a permanent resident or citizen of the United
143	143	4 States or an individual who has an approved application for
144	144	5 asylum in the United States or has entered the United States in
145	145	6 refugee status and is marked "Limited Term" on the face of the
146	146	7 card.
147	147	8 (Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.)
148	148	9 (15 ILCS 335/5)
149	149	10 Sec. 5. Applications.
150	150	11 (a) Any natural person who is a resident of the State of
151	151	12 Illinois may file an application for an identification card,
152	152	13 or for the renewal thereof, in a manner prescribed by the
153	153	14 Secretary. Each original application shall be completed by the
154	154	15 applicant in full and shall set forth the legal name,
155	155	16 residence address and zip code, social security number, if the
156	156	17 person has a social security number, birth date, sex and a
157	157	18 brief description of the applicant. The applicant shall be
158	158	19 photographed, unless the Secretary of State has provided by
159	159	20 rule for the issuance of identification cards without
160	160	21 photographs and the applicant is deemed eligible for an
161	161	22 identification card without a photograph under the terms and
162	162	23 conditions imposed by the Secretary of State, and he or she
163	163	24 shall also submit any other information as the Secretary may
164	164	25 deem necessary or such documentation as the Secretary may
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175	175	1 require to determine the identity of the applicant. In
176	176	2 addition to the residence address, the Secretary may allow the
177	177	3 applicant to provide a mailing address. If the applicant is an
178	178	4 employee of the Department of Children and Family Services
179	179	5 with a job title of "Child Protection Specialist Trainee",
180	180	6 "Child Protection Specialist", "Child Protection Advanced
181	181	7 Specialist", "Child Welfare Specialist Trainee", "Child
182	182	8 Welfare Specialist", or "Child Welfare Advanced Specialist" or
183	183	9 a judicial officer as defined in Section 1-10 of the Judicial
184	184	10 Privacy Act or a peace officer, the applicant may elect to have
185	185	11 his or her office or work address in lieu of the applicant's
186	186	12 residence or mailing address. An applicant for an Illinois
187	187	13 Person with a Disability Identification Card must also submit
188	188	14 with each original or renewal application, on forms prescribed
189	189	15 by the Secretary, such documentation as the Secretary may
190	190	16 require, establishing that the applicant is a "person with a
191	191	17 disability" as defined in Section 4A of this Act, and setting
192	192	18 forth the applicant's type and class of disability as set
193	193	19 forth in Section 4A of this Act. For the purposes of this
194	194	20 subsection (a), "peace officer" means any person who by virtue
195	195	21 of his or her office or public employment is vested by law with
196	196	22 a duty to maintain public order or to make arrests for a
197	197	23 violation of any penal statute of this State, whether that
198	198	24 duty extends to all violations or is limited to specific
199	199	25 violations.
200	200	26 (a-5) Upon the first issuance of a request for proposals
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211	211	1 for a digital driver's license and identification card
212	212	2 issuance and facial recognition system issued after January 1,
213	213	3 2020 (the effective date of Public Act 101-513), and upon
214	214	4 implementation of a new or revised system procured pursuant to
215	215	5 that request for proposals, the Secretary shall permit
216	216	6 applicants to choose between "male", "female", or "non-binary"
217	217	7 when designating the applicant's sex on the identification
218	218	8 card application form. The sex designated by the applicant
219	219	9 shall be displayed on the identification card issued to the
220	220	10 applicant.
221	221	11 (b) Beginning on or before July 1, 2015, for each original
222	222	12 or renewal identification card application under this Act, the
223	223	13 Secretary shall inquire as to whether the applicant is a
224	224	14 veteran for purposes of issuing an identification card with a
225	225	15 veteran designation under subsection (c-5) of Section 4 of
226	226	16 this Act. The acceptable forms of proof shall include, but are
227	227	17 not limited to, Department of Defense form DD-214, Department
228	228	18 of Defense form DD-256 for applicants who did not receive a
229	229	19 form DD-214 upon the completion of initial basic training,
230	230	20 Department of Defense form DD-2 (Retired), an identification
231	231	21 card issued under the federal Veterans Identification Card Act
232	232	22 of 2015, or a United States Department of Veterans Affairs
233	233	23 summary of benefits letter. If the document cannot be stamped,
234	234	24 the Illinois Department of Veterans' Affairs shall provide a
235	235	25 certificate to the veteran to provide to the Secretary of
236	236	26 State. The Illinois Department of Veterans' Affairs shall
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247	247	1 advise the Secretary as to what other forms of proof of a
248	248	2 person's status as a veteran are acceptable.
249	249	3 For each applicant who is issued an identification card
250	250	4 with a veteran designation, the Secretary shall provide the
251	251	5 Department of Veterans' Affairs with the applicant's name,
252	252	6 address, date of birth, gender, and such other demographic
253	253	7 information as agreed to by the Secretary and the Department.
254	254	8 The Department may take steps necessary to confirm the
255	255	9 applicant is a veteran. If after due diligence, including
256	256	10 writing to the applicant at the address provided by the
257	257	11 Secretary, the Department is unable to verify the applicant's
258	258	12 veteran status, the Department shall inform the Secretary, who
259	259	13 shall notify the applicant that he or she must confirm status
260	260	14 as a veteran, or the identification card will be canceled
261	261	15 cancelled.
262	262	16 For purposes of this subsection (b):
263	263	17 "Armed forces" means any of the Armed Forces of the United
264	264	18 States, including a member of any reserve component or
265	265	19 National Guard unit.
266	266	20 "Veteran" means a person who has served in the armed
267	267	21 forces and was discharged or separated under honorable
268	268	22 conditions.
269	269	23 (b-1) An applicant who is eligible for Gold Star license
270	270	24 plates under Section 3-664 of the Illinois Vehicle Code may
271	271	25 apply for an identification card with space for a designation
272	272	26 as a Gold Star Family. The Secretary may waive any fee for this
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283	283	1 application. If the Secretary does not waive the fee, any fee
284	284	2 charged to the applicant must be deposited into the Illinois
285	285	3 Veterans Assistance Fund. The Secretary is authorized to issue
286	286	4 rules to implement this subsection.
287	287	5 (c) All applicants for REAL ID compliant standard Illinois
288	288	6 Identification Cards and Illinois Person with a Disability
289	289	7 Identification Cards shall provide proof of lawful status in
290	290	8 the United States as defined in 6 CFR 37.3, as amended.
291	291	9 Applicants who are unable to provide the Secretary with proof
292	292	10 of lawful status are ineligible for REAL ID compliant
293	293	11 identification cards under this Act.
294	294	12 (d) (Blank). The Secretary of State may accept, as proof
295	295	13 of date of birth and written signature for any applicant for a
296	296	14 standard identification card who does not have a social
297	297	15 security number or documentation issued by the United States
298	298	16 Department of Homeland Security authorizing the applicant's
299	299	17 presence in this country, any passport validly issued to the
300	300	18 applicant from the applicant's country of citizenship or a
301	301	19 consular identification document validly issued to the
302	302	20 applicant by a consulate of that country as defined in Section
303	303	21 5 of the Consular Identification Document Act. Any such
304	304	22 documents must be either unexpired or presented by an
305	305	23 applicant within 2 years of its expiration date.
306	306	24 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
307	307	25 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
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318	318	1 (15 ILCS 335/11) (from Ch. 124, par. 31)
319	319	2 Sec. 11. Records.
320	320	3 (a) The Secretary may make a search of his records and
321	321	4 furnish information as to whether a person has a current
322	322	5 Standard Illinois Identification Card or an Illinois Person
323	323	6 with a Disability Identification Card then on file, upon
324	324	7 receipt of a written application therefor accompanied with the
325	325	8 prescribed fee. However, the Secretary may not disclose
326	326	9 medical information concerning an individual to any person,
327	327	10 public agency, private agency, corporation or governmental
328	328	11 body unless the individual has submitted a written request for
329	329	12 the information or unless the individual has given prior
330	330	13 written consent for the release of the information to a
331	331	14 specific person or entity. This exception shall not apply to:
332	332	15 (1) offices and employees of the Secretary who have a need to
333	333	16 know the medical information in performance of their official
334	334	17 duties, or (2) orders of a court of competent jurisdiction.
335	335	18 When medical information is disclosed by the Secretary in
336	336	19 accordance with the provisions of this Section, no liability
337	337	20 shall rest with the Office of the Secretary of State as the
338	338	21 information is released for informational purposes only.
339	339	22 (b) Except as otherwise provided in this Section, the
340	340	23 Secretary may release personally identifying information only
341	341	24 to:
342	342	25 (1) officers and employees of the Secretary who have a
343	343	26 need to know that information for issuance of driver's
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354	354	1 licenses, permits, or identification cards and
355	355	2 investigation of fraud or misconduct;
356	356	3 (2) other governmental agencies for use in their
357	357	4 official governmental functions;
358	358	5 (3) law enforcement agencies for a criminal or civil
359	359	6 investigation, except as restricted by subsections (g) and
360	360	7 (h);
361	361	8 (3-5) the State Board of Elections as may be required
362	362	9 by an agreement the State Board of Elections has entered
363	363	10 into with a multi-state voter registration list
364	364	11 maintenance system; or
365	365	12 (4) any entity that the Secretary has authorized, by
366	366	13 rule.
367	367	14 (c) Except as otherwise provided in this Section, the
368	368	15 Secretary may release highly restricted personal information
369	369	16 only to:
370	370	17 (1) officers and employees of the Secretary who have a
371	371	18 need to access the information for the issuance of
372	372	19 driver's licenses, permits, or identification cards and
373	373	20 investigation of fraud or misconduct;
374	374	21 (2) law enforcement officials for a criminal or civil
375	375	22 law enforcement investigation, except as restricted by
376	376	23 subsections (g) and (h);
377	377	24 (3) the State Board of Elections for the purpose of
378	378	25 providing the signature for completion of voter
379	379	26 registration; or
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390	390	1 (4) any other entity the Secretary has authorized by
391	391	2 rule.
392	392	3 (d) Documents required to be submitted with an application
393	393	4 for an identification card to prove the applicant's identity
394	394	5 (name and date of birth), social security number or lack of a
395	395	6 social security number, written signature, residency, and, as
396	396	7 applicable, proof of lawful status citizenship and immigration
397	397	8 status and country of citizenship shall be confidential and
398	398	9 shall not be disclosed except to the following persons:
399	399	10 (1) the individual to whom the identification card was
400	400	11 issued, upon written request;
401	401	12 (2) officers and employees of the Secretary of State
402	402	13 who have a need to have access to the stored images for
403	403	14 purposes of issuing and controlling driver's licenses,
404	404	15 permits, or identification cards and investigation of
405	405	16 fraud or misconduct;
406	406	17 (3) law enforcement officials for a civil or criminal
407	407	18 law enforcement investigation, except as restricted by
408	408	19 subsections (g) and (h);
409	409	20 (4) other entities that the Secretary may authorize by
410	410	21 rule.
411	411	22 (e) The Secretary may not disclose an individual's social
412	412	23 security number or any associated information obtained from
413	413	24 the Social Security Administration without the written request
414	414	25 or consent of the individual except: (i) to officers and
415	415	26 employees of the Secretary who have a need to know the social
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426	426	1 security number in the performance of their official duties;
427	427	2 (ii) except as restricted by subsections (g) and (h) to law
428	428	3 enforcement officials for a civil or criminal law enforcement
429	429	4 investigation if an officer of the law enforcement agency has
430	430	5 made a written request to the Secretary specifying the law
431	431	6 enforcement investigation for which the social security number
432	432	7 is being sought; (iii) under a lawful court order signed by a
433	433	8 judge; (iv) to the Illinois Department of Veterans' Affairs
434	434	9 for the purpose of confirming veteran status to agencies in
435	435	10 other states responsible for the issuance of state
436	436	11 identification cards for participation in State-to-State
437	437	12 verification service; or (v) the last 4 digits to the Illinois
438	438	13 State Board of Elections for purposes of voter registration
439	439	14 and as may be required pursuant to an agreement for a
440	440	15 multi-state voter registration list maintenance system. The
441	441	16 Secretary retains the right to require additional verification
442	442	17 regarding the validity of a request from law enforcement. If
443	443	18 social security information is disclosed by the Secretary in
444	444	19 accordance with this Section, no liability shall rest with the
445	445	20 Office of the Secretary of State or any of its officers or
446	446	21 employees, as the information is released for official
447	447	22 purposes only.
448	448	23 (f) The Secretary of State shall not provide facial
449	449	24 recognition search services or photographs obtained in the
450	450	25 process of issuing an identification card to any federal,
451	451	26 State, or local law enforcement agency or other governmental
452	452
453	453
454	454
455	455
456	456
457	457	SB1252 - 12 - LRB104 03258 LNS 13280 b
458	458
459	459
460	460	SB1252- 13 -LRB104 03258 LNS 13280 b SB1252 - 13 - LRB104 03258 LNS 13280 b
461	461	SB1252 - 13 - LRB104 03258 LNS 13280 b
462	462	1 entity for the purpose of enforcing federal immigration laws.
463	463	2 This subsection shall not apply to requests from federal,
464	464	3 State, or local law enforcement agencies or other governmental
465	465	4 entities for facial recognition search services or photographs
466	466	5 obtained in the process of issuing a driver's license or
467	467	6 permit when the purpose of the request relates to criminal
468	468	7 activity other than violations of immigration laws.
469	469	8 (g) (Blank). Notwithstanding any other provision of law,
470	470	9 the Secretary may not release highly restricted personal
471	471	10 information or personally identifying information or disclose
472	472	11 documents described in subsection (d) to any immigration
473	473	12 agent, as defined in Section 10 of the Illinois TRUST Act,
474	474	13 unless necessary to comply with the following, to the extent
475	475	14 that production of such information or documents is
476	476	15 specifically required:
477	477	16 (1) a lawful court order;
478	478	17 (2) a judicial warrant signed by a judge appointed
479	479	18 pursuant to Article III of the Constitution of the United
480	480	19 States; or
481	481	20 (3) a subpoena for individual records issued by a
482	482	21 federal or State court.
483	483	22 When responding to such a court order, warrant, or
484	484	23 subpoena, the Secretary shall disclose only those documents or
485	485	24 information specifically requested. Within 3 business days of
486	486	25 receiving such a court order, warrant, or subpoena, the
487	487	26 Secretary shall send a notification to the individual about
488	488
489	489
490	490
491	491
492	492
493	493	SB1252 - 13 - LRB104 03258 LNS 13280 b
494	494
495	495
496	496	SB1252- 14 -LRB104 03258 LNS 13280 b SB1252 - 14 - LRB104 03258 LNS 13280 b
497	497	SB1252 - 14 - LRB104 03258 LNS 13280 b
498	498	1 whom such information was requested that a court order,
499	499	2 warrant, or subpoena was received and the identity of the
500	500	3 entity that presented the court order, warrant, or subpoena.
501	501	4 (h) (Blank). The Secretary shall not enter into or
502	502	5 maintain any agreement regarding the sharing of any highly
503	503	6 restricted personal information or personally identifying
504	504	7 information or documents described in subsection (d) unless
505	505	8 all other parties to such agreement certify that the
506	506	9 information obtained will not be used for civil immigration
507	507	10 purposes or knowingly disseminated to any third party for any
508	508	11 purpose related to civil immigration enforcement.
509	509	12 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
510	510	13 Section 10. The Illinois Vehicle Code is amended by
511	511	14 changing Sections 6-100, 6-106, 6-110.1, and 6-110.2 as
512	512	15 follows:
513	513	16 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
514	514	17 Sec. 6-100. Definitions. For the purposes of this Chapter,
515	515	18 the following words shall have the meanings ascribed to them:
516	516	19 (a) Application Process. The process of obtaining a
517	517	20 driver's license, identification card, or permit. The process
518	518	21 begins when a person enters a Secretary of State Driver
519	519	22 Services facility and requests a driver's license,
520	520	23 identification card or permit.
521	521	24 (b) Conviction. A final adjudication of guilty by a court
522	522
523	523
524	524
525	525
526	526
527	527	SB1252 - 14 - LRB104 03258 LNS 13280 b
528	528
529	529
530	530	SB1252- 15 -LRB104 03258 LNS 13280 b SB1252 - 15 - LRB104 03258 LNS 13280 b
531	531	SB1252 - 15 - LRB104 03258 LNS 13280 b
532	532	1 of competent jurisdiction either after a bench trial, trial by
533	533	2 jury, plea of guilty, order of forfeiture, or default.
534	534	3 (c) Identification Card. A document made or issued by or
535	535	4 under the authority of the United States Government, the State
536	536	5 of Illinois or any other state or political subdivision
537	537	6 thereof, or any governmental or quasi-governmental
538	538	7 organization that, when completed with information concerning
539	539	8 the individual, is of a type intended or commonly accepted for
540	540	9 the purpose of identifying the individual.
541	541	10 (d) Standard driver's license. A driver's license issued
542	542	11 in a manner which is not compliant with the REAL ID Act and
543	543	12 implementing regulations. Standard driver's licenses shall be
544	544	13 marked "Federal Limits Apply" and shall have a color or design
545	545	14 different from the REAL ID compliant driver's license.
546	546	15 (e) REAL ID compliant driver's license. A driver's license
547	547	16 issued in compliance with the REAL ID Act and implementing
548	548	17 regulations. REAL ID compliant driver's licenses shall bear a
549	549	18 security marking approved by the United States Department of
550	550	19 Homeland Security.
551	551	20 (f) Limited Term REAL ID compliant driver's license. A
552	552	21 REAL ID compliant driver's license issued to a person who is
553	553	22 not a permanent resident or citizen of the United States, or an
554	554	23 individual who has an approved application for asylum in the
555	555	24 United States or has entered the United States in refugee
556	556	25 status, and marked "Limited Term" on the face of the license.
557	557	26 (Source: P.A. 103-210, eff. 7-1-24.)
558	558
559	559
560	560
561	561
562	562
563	563	SB1252 - 15 - LRB104 03258 LNS 13280 b
564	564
565	565
566	566	SB1252- 16 -LRB104 03258 LNS 13280 b SB1252 - 16 - LRB104 03258 LNS 13280 b
567	567	SB1252 - 16 - LRB104 03258 LNS 13280 b
568	568	1 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
569	569	2 Sec. 6-106. Application for license or instruction permit.
570	570	3 (a) Every application for any permit or license authorized
571	571	4 to be issued under this Code shall be made upon a form
572	572	5 furnished by the Secretary of State. Every application shall
573	573	6 be accompanied by the proper fee and payment of such fee shall
574	574	7 entitle the applicant to not more than 3 attempts to pass the
575	575	8 examination within a period of one year after the date of
576	576	9 application.
577	577	10 (b) Every application shall state the legal name, zip
578	578	11 code, date of birth, sex, and residence address of the
579	579	12 applicant; briefly describe the applicant; state whether the
580	580	13 applicant has theretofore been licensed as a driver, and, if
581	581	14 so, when and by what state or country, and whether any such
582	582	15 license has ever been cancelled, suspended, revoked or
583	583	16 refused, and, if so, the date and reason for such
584	584	17 cancellation, suspension, revocation or refusal; shall include
585	585	18 an affirmation by the applicant that all information set forth
586	586	19 is true and correct; and shall bear the applicant's signature.
587	587	20 In addition to the residence address, the Secretary may allow
588	588	21 the applicant to provide a mailing address. In the case of an
589	589	22 applicant who is a judicial officer or peace officer, the
590	590	23 Secretary may allow the applicant to provide an office or work
591	591	24 address in lieu of a residence or mailing address. The
592	592	25 application form may also require the statement of such
593	593
594	594
595	595
596	596
597	597
598	598	SB1252 - 16 - LRB104 03258 LNS 13280 b
599	599
600	600
601	601	SB1252- 17 -LRB104 03258 LNS 13280 b SB1252 - 17 - LRB104 03258 LNS 13280 b
602	602	SB1252 - 17 - LRB104 03258 LNS 13280 b
603	603	1 additional relevant information as the Secretary of State
604	604	2 shall deem necessary to determine the applicant's competency
605	605	3 and eligibility. The Secretary of State may, in his
606	606	4 discretion, by rule or regulation, provide that an application
607	607	5 for a drivers license or permit may include a suitable
608	608	6 photograph of the applicant in the form prescribed by the
609	609	7 Secretary, and he may further provide that each drivers
610	610	8 license shall include a photograph of the driver. The
611	611	9 Secretary of State may utilize a photograph process or system
612	612	10 most suitable to deter alteration or improper reproduction of
613	613	11 a drivers license and to prevent substitution of another photo
614	614	12 thereon. For the purposes of this subsection (b), "peace
615	615	13 officer" means any person who by virtue of his or her office or
616	616	14 public employment is vested by law with a duty to maintain
617	617	15 public order or to make arrests for a violation of any penal
618	618	16 statute of this State, whether that duty extends to all
619	619	17 violations or is limited to specific violations.
620	620	18 (b-1) Every application shall state the social security
621	621	19 number of the applicant; except if the applicant is applying
622	622	20 for a standard driver's license and, on the date of
623	623	21 application, is ineligible for a social security number, then:
624	624	22 (1) if the applicant has documentation, issued by the
625	625	23 United States Department of Homeland Security, authorizing
626	626	24 the applicant's presence in this country, the applicant
627	627	25 shall provide such documentation instead of a social
628	628	26 security number; and
629	629
630	630
631	631
632	632
633	633
634	634	SB1252 - 17 - LRB104 03258 LNS 13280 b
635	635
636	636
637	637	SB1252- 18 -LRB104 03258 LNS 13280 b SB1252 - 18 - LRB104 03258 LNS 13280 b
638	638	SB1252 - 18 - LRB104 03258 LNS 13280 b
639	639	1 (2) (blank). if the applicant does not have
640	640	2 documentation described in paragraph (1), the applicant
641	641	3 shall provide, instead of a social security number, the
642	642	4 following:
643	643	5 (A) documentation establishing that the applicant
644	644	6 has resided in this State for a period in excess of one
645	645	7 year;
646	646	8 (B) a passport validly issued to the applicant
647	647	9 from the applicant's country of citizenship or a
648	648	10 consular identification document validly issued to the
649	649	11 applicant by a consulate of that country as defined in
650	650	12 Section 5 of the Consular Identification Document Act,
651	651	13 as long as such documents are either unexpired or
652	652	14 presented by an applicant within 2 years of its
653	653	15 expiration date; and
654	654	16 (C) a social security card, if the applicant has a
655	655	17 social security number.
656	656	18 (b-3) Upon the first issuance of a request for proposals
657	657	19 for a digital driver's license and identification card
658	658	20 issuance and facial recognition system issued after January 1,
659	659	21 2020 (the effective date of Public Act 101-513), and upon
660	660	22 implementation of a new or revised system procured pursuant to
661	661	23 that request for proposals, the Secretary shall permit
662	662	24 applicants to choose between "male", "female" or "non-binary"
663	663	25 when designating the applicant's sex on the driver's license
664	664	26 application form. The sex designated by the applicant shall be
665	665
666	666
667	667
668	668
669	669
670	670	SB1252 - 18 - LRB104 03258 LNS 13280 b
671	671
672	672
673	673	SB1252- 19 -LRB104 03258 LNS 13280 b SB1252 - 19 - LRB104 03258 LNS 13280 b
674	674	SB1252 - 19 - LRB104 03258 LNS 13280 b
675	675	1 displayed on the driver's license issued to the applicant.
676	676	2 (b-5) Every applicant for a REAL ID compliant driver's
677	677	3 license or permit shall provide proof of lawful status in the
678	678	4 United States as defined in 6 CFR 37.3, as amended.
679	679	5 (c) The application form shall include a notice to the
680	680	6 applicant of the registration obligations of sex offenders
681	681	7 under the Sex Offender Registration Act. The notice shall be
682	682	8 provided in a form and manner prescribed by the Secretary of
683	683	9 State. For purposes of this subsection (c), "sex offender" has
684	684	10 the meaning ascribed to it in Section 2 of the Sex Offender
685	685	11 Registration Act.
686	686	12 (d) Any male United States citizen or immigrant who
687	687	13 applies for any permit or license authorized to be issued
688	688	14 under this Code or for a renewal of any permit or license, and
689	689	15 who is at least 18 years of age but less than 26 years of age,
690	690	16 must be registered in compliance with the requirements of the
691	691	17 federal Military Selective Service Act. The Secretary of State
692	692	18 must forward in an electronic format the necessary personal
693	693	19 information regarding the applicants identified in this
694	694	20 subsection (d) to the Selective Service System. The
695	695	21 applicant's signature on the application serves as an
696	696	22 indication that the applicant either has already registered
697	697	23 with the Selective Service System or that he is authorizing
698	698	24 the Secretary to forward to the Selective Service System the
699	699	25 necessary information for registration. The Secretary must
700	700	26 notify the applicant at the time of application that his
701	701
702	702
703	703
704	704
705	705
706	706	SB1252 - 19 - LRB104 03258 LNS 13280 b
707	707
708	708
709	709	SB1252- 20 -LRB104 03258 LNS 13280 b SB1252 - 20 - LRB104 03258 LNS 13280 b
710	710	SB1252 - 20 - LRB104 03258 LNS 13280 b
711	711	1 signature constitutes consent to registration with the
712	712	2 Selective Service System, if he is not already registered.
713	713	3 (e) Beginning on or before July 1, 2015, for each original
714	714	4 or renewal driver's license application under this Code, the
715	715	5 Secretary shall inquire as to whether the applicant is a
716	716	6 veteran for purposes of issuing a driver's license with a
717	717	7 veteran designation under subsection (e-5) of Section 6-110 of
718	718	8 this Code. The acceptable forms of proof shall include, but
719	719	9 are not limited to, Department of Defense form DD-214,
720	720	10 Department of Defense form DD-256 for applicants who did not
721	721	11 receive a form DD-214 upon the completion of initial basic
722	722	12 training, Department of Defense form DD-2 (Retired), an
723	723	13 identification card issued under the federal Veterans
724	724	14 Identification Card Act of 2015, or a United States Department
725	725	15 of Veterans Affairs summary of benefits letter. If the
726	726	16 document cannot be stamped, the Illinois Department of
727	727	17 Veterans' Affairs shall provide a certificate to the veteran
728	728	18 to provide to the Secretary of State. The Illinois Department
729	729	19 of Veterans' Affairs shall advise the Secretary as to what
730	730	20 other forms of proof of a person's status as a veteran are
731	731	21 acceptable.
732	732	22 For each applicant who is issued a driver's license with a
733	733	23 veteran designation, the Secretary shall provide the
734	734	24 Department of Veterans' Affairs with the applicant's name,
735	735	25 address, date of birth, gender and such other demographic
736	736	26 information as agreed to by the Secretary and the Department.
737	737
738	738
739	739
740	740
741	741
742	742	SB1252 - 20 - LRB104 03258 LNS 13280 b
743	743
744	744
745	745	SB1252- 21 -LRB104 03258 LNS 13280 b SB1252 - 21 - LRB104 03258 LNS 13280 b
746	746	SB1252 - 21 - LRB104 03258 LNS 13280 b
747	747	1 The Department may take steps necessary to confirm the
748	748	2 applicant is a veteran. If after due diligence, including
749	749	3 writing to the applicant at the address provided by the
750	750	4 Secretary, the Department is unable to verify the applicant's
751	751	5 veteran status, the Department shall inform the Secretary, who
752	752	6 shall notify the applicant that he or she must confirm status
753	753	7 as a veteran, or the driver's license will be cancelled.
754	754	8 For purposes of this subsection (e):
755	755	9 "Armed forces" means any of the Armed Forces of the United
756	756	10 States, including a member of any reserve component or
757	757	11 National Guard unit.
758	758	12 "Veteran" means a person who has served in the armed
759	759	13 forces and was discharged or separated under honorable
760	760	14 conditions.
761	761	15 (f) An applicant who is eligible for Gold Star license
762	762	16 plates under Section 3-664 of this Code may apply for an
763	763	17 original or renewal driver's license with space for a
764	764	18 designation as a Gold Star Family. The Secretary may waive any
765	765	19 fee for this application. If the Secretary does not waive the
766	766	20 fee, any fee charged to the applicant must be deposited into
767	767	21 the Illinois Veterans Assistance Fund. The Secretary is
768	768	22 authorized to issue rules to implement this subsection.
769	769	23 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
770	770	24 103-933, eff. 1-1-25.)
771	771	25 (625 ILCS 5/6-110.1)
772	772
773	773
774	774
775	775
776	776
777	777	SB1252 - 21 - LRB104 03258 LNS 13280 b
778	778
779	779
780	780	SB1252- 22 -LRB104 03258 LNS 13280 b SB1252 - 22 - LRB104 03258 LNS 13280 b
781	781	SB1252 - 22 - LRB104 03258 LNS 13280 b
782	782	1 Sec. 6-110.1. Confidentiality of captured photographs or
783	783	2 images.
784	784	3 (a) The Secretary of State shall maintain a file on or
785	785	4 contract to file all photographs and signatures obtained in
786	786	5 the process of issuing a driver's license, permit, or
787	787	6 identification card. Except as otherwise provided in this
788	788	7 Section, the photographs and signatures shall be confidential
789	789	8 and shall not be disclosed except to the following persons:
790	790	9 (1) the individual to whom the driver's license or
791	791	10 permit was issued, upon written request;
792	792	11 (2) officers and employees of the Secretary of State
793	793	12 who have a need to have access to the stored images for
794	794	13 purposes of issuing and controlling driver's licenses,
795	795	14 permits, or identification cards and investigation of
796	796	15 fraud or misconduct;
797	797	16 (3) law enforcement officials for a civil or criminal
798	798	17 law enforcement investigation, except as restricted by
799	799	18 Section 6-110.3;
800	800	19 (3-5) the State Board of Elections for the sole
801	801	20 purpose of providing the signatures required by a local
802	802	21 election authority to register a voter through an online
803	803	22 voter registration system;
804	804	23 (3-10) officers and employees of the Secretary of
805	805	24 State who have a need to have access to the stored images
806	806	25 for purposes of issuing and controlling notary public
807	807	26 commissions and for the purpose of providing the
808	808
809	809
810	810
811	811
812	812
813	813	SB1252 - 22 - LRB104 03258 LNS 13280 b
814	814
815	815
816	816	SB1252- 23 -LRB104 03258 LNS 13280 b SB1252 - 23 - LRB104 03258 LNS 13280 b
817	817	SB1252 - 23 - LRB104 03258 LNS 13280 b
818	818	1 signatures required to process online applications for
819	819	2 appointment and commission as notaries public; or
820	820	3 (4) other entities that the Secretary may authorize by
821	821	4 rule.
822	822	5 (b) The Secretary of State shall not provide facial
823	823	6 recognition search services or photographs obtained in the
824	824	7 process of issuing a driver's license or permit to any
825	825	8 federal, State, or local law enforcement agency or other
826	826	9 governmental entity for the purpose of enforcing federal
827	827	10 immigration laws. This subsection shall not apply to requests
828	828	11 from federal, State, or local law enforcement agencies or
829	829	12 other governmental entities for facial recognition search
830	830	13 services or photographs obtained in the process of issuing a
831	831	14 driver's license or permit when the purpose of the request
832	832	15 relates to criminal activity other than violations of
833	833	16 immigration laws.
834	834	17 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
835	835	18 (625 ILCS 5/6-110.2)
836	836	19 Sec. 6-110.2. Confidentiality of documents submitted with
837	837	20 an application for a driver's license. Documents required to
838	838	21 be submitted with an application for a driver's license to
839	839	22 prove the applicant's identity (name and date of birth),
840	840	23 social security number or lack of a social security number,
841	841	24 written signature, residency, and, as applicable, proof of
842	842	25 lawful status citizenship or immigration status and country of
843	843
844	844
845	845
846	846
847	847
848	848	SB1252 - 23 - LRB104 03258 LNS 13280 b
849	849
850	850
851	851	SB1252- 24 -LRB104 03258 LNS 13280 b SB1252 - 24 - LRB104 03258 LNS 13280 b
852	852	SB1252 - 24 - LRB104 03258 LNS 13280 b
853	853	1 citizenship shall be confidential and shall not be disclosed
854	854	2 except to the following persons:
855	855	3 (1) the individual to whom the driver's license or
856	856	4 permit was issued, upon written request;
857	857	5 (2) officers and employees of the Secretary of State
858	858	6 who have a need to have access to the stored images for
859	859	7 purposes of issuing and controlling driver's licenses,
860	860	8 permits, or identification cards and investigation of
861	861	9 fraud or misconduct;
862	862	10 (3) law enforcement officials for a civil or criminal
863	863	11 law enforcement investigation, except as restricted by
864	864	12 Section 6-110.3;
865	865	13 (4) other entities that the Secretary may authorize by
866	866	14 rule.
867	867	15 (Source: P.A. 103-210, eff. 7-1-24.)
868	868	16 (625 ILCS 5/6-110.3 rep.)
869	869	17 Section 15. The Illinois Vehicle Code is amended by
870	870	18 repealing Section 6-110.3.
871	871	SB1252- 25 -LRB104 03258 LNS 13280 b 1 INDEX 2 Statutes amended in order of appearance SB1252- 25 -LRB104 03258 LNS 13280 b SB1252 - 25 - LRB104 03258 LNS 13280 b 1 INDEX 2 Statutes amended in order of appearance
872	872	SB1252- 25 -LRB104 03258 LNS 13280 b SB1252 - 25 - LRB104 03258 LNS 13280 b
873	873	SB1252 - 25 - LRB104 03258 LNS 13280 b
874	874	1 INDEX
875	875	2 Statutes amended in order of appearance
876	876
877	877
878	878
879	879
880	880
881	881	SB1252 - 24 - LRB104 03258 LNS 13280 b
882	882
883	883
884	884
885	885	SB1252- 25 -LRB104 03258 LNS 13280 b SB1252 - 25 - LRB104 03258 LNS 13280 b
886	886	SB1252 - 25 - LRB104 03258 LNS 13280 b
887	887	1 INDEX
888	888	2 Statutes amended in order of appearance
889	889
890	890
891	891
892	892
893	893
894	894	SB1252 - 25 - LRB104 03258 LNS 13280 b