093_HB1375eng

 
HB1375 Engrossed                     LRB093 03921 RLC 03958 b

 1        AN  ACT  in  relation to victims of stalking and domestic
 2    violence.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Victims   of   Stalking   and   Domestic   Violence   Address
 7    Confidentiality Act.

 8        Section 5.  Purposes.  The General  Assembly  finds  that
 9    persons  attempting  to  escape  from  actual  or  threatened
10    domestic  violence or stalking frequently establish new names
11    or addresses in order to prevent their assailants or probable
12    assailants from finding them. The purpose of this Act  is  to
13    enable  State  and  local agencies to respond to requests for
14    public  records  without  disclosing  the  changed  name   or
15    location  of  a  victim  of domestic violence or stalking, to
16    enable interagency cooperation with the Attorney  General  in
17    providing  name  and  address  confidentiality for victims of
18    domestic violence or stalking, and to enable State and  local
19    agencies  to accept a program participant's use of an address
20    designated by the Attorney General as  a  substitute  mailing
21    address.

22        Section  10.  Definitions.  Unless  the  context  clearly
23    requires  otherwise,  the  definitions  in this Section apply
24    throughout this Act:
25        "Address" means  a  residential  street  address,  school
26    address,  or  work  address of an individual, as specified on
27    the individual's application  to  be  a  program  participant
28    under this Act.
29        "Adult person" means a person 18 years of age or older.
30        "Domestic  violence"  means  an act as defined in Section
 
HB1375 Engrossed            -2-      LRB093 03921 RLC 03958 b
 1    103 of the Illinois Domestic Violence Act of 1986.
 2        "Stalking" means an act as defined in Section  12-7.3  or
 3    12-7.4 of the Criminal Code of 1961.
 4        "Program  participant"  means  a  person  certified  as a
 5    program participant under Section 20.
 6        "Demonstration" means a project, 18 months  in  duration,
 7    implemented  within  the  8  designated  counties  in western
 8    Illinois that are designed to test the operational  integrity
 9    of the address confidentiality program.
10        "Address   confidentiality  program  manager"  means  the
11    person at the Office of the Attorney General responsible  for
12    the administration of the address confidentiality program.

13        Section      15.  Address     confidentiality     program
14    administration.  Subject  to  appropriation,   the   Attorney
15    General    shall    administer    a   demonstration   address
16    confidentiality program. At the end of the  time  period  for
17    the  demonstration,  an  evaluation  shall  be  conducted  to
18    determine  whether or not the program enhances the safety and
19    security of the victims of domestic violence or stalking  and
20    if  the program design meets the needs of victims of domestic
21    violence  or  stalking.   Implementation   of   the   address
22    confidentiality  statewide  initiative shall proceed if it is
23    determined that the use of the program services warrants  the
24    cost  of  the  program  implementation and appropriations are
25    provided for this action.

26        Section 20.  Program participants.
27        (a)  An adult person, a parent or legal  guardian  acting
28    on behalf of a minor, or a legal guardian acting on behalf of
29    a  person  under  legal  disability may apply to the Attorney
30    General to have an address certified by the Attorney  General
31    serve  as the person's address or the address of the minor or
32    the person under legal disability. An  application  shall  be
 
HB1375 Engrossed            -3-      LRB093 03921 RLC 03958 b
 1    completed  in person at a designated community-based victims'
 2    assistance program.
 3        The application process shall include a requirement  that
 4    the  applicant  meet with a victims' assistance counselor and
 5    receive  orientation  information  about  the  program.   The
 6    Attorney  General shall approve an application if it is filed
 7    in the manner and on the  form  prescribed  by  the  Attorney
 8    General and if it contains all of the following:
 9             (1)  A   sworn   statement  by  the  applicant,  and
10        witnessed by an appointed representative  of  any  agency
11        designated  in writing under Section 60 of this Act, that
12        the applicant has good reason  to  believe  both  of  the
13        following:
14                  (A)  that   the  applicant,  or  the  minor  or
15             incapacitated person on whose behalf the application
16             is  made,  is  a  victim  of  domestic  violence  or
17             stalking; and
18                  (B)  that the applicant fears for  his  or  her
19             safety  or  his  or  her  children's  safety, or the
20             safety of the minor or incapacitated person on whose
21             behalf the application is made.
22             (2)  If the applicant alleges that the basis for the
23        application is that the applicant, or the minor or person
24        under legal disability on whose behalf the application is
25        made, is a victim of domestic violence,  the  application
26        shall  be  accompanied  by  at least 2 pieces of evidence
27        including, but not limited to, any of the following:
28                  (A)  police, court, or other government  agency
29             reports, orders, or files; or
30                  (B)  any  other  evidence  supporting the sworn
31             statements that provides the basis for the claim  or
32             physical  evidence  of  the  act or acts of domestic
33             violence or stalking from:
34                       (i)  a domestic violence  program  if  the
 
HB1375 Engrossed            -4-      LRB093 03921 RLC 03958 b
 1                  person  is  alleged  to be a victim of domestic
 2                  violence;
 3                       (ii)  a  legal,  medical,  or  the   other
 4                  professional  from whom the applicant or person
 5                  on whose behalf the  application  is  made  has
 6                  sought  assistance  in dealing with the alleged
 7                  domestic violence or stalking; or
 8                       (iii)  any individual  with  knowledge  of
 9                  the  circumstances  that provides the basis for
10                  the claim, or physical evidence of the  act  or
11                  acts of domestic violence or stalking.
12             (3)  A designation of a representative of any agency
13        designated  in writing under Section 60 of this Act as an
14        agent for purposes of service  of  process  and  for  the
15        purpose of receipt of mail.
16             (4)  The  mailing  addresses where the applicant and
17        agent can be contacted by the Attorney  General  and  the
18        phone number or numbers where the applicant can be called
19        by the Attorney General.
20             (5)  The  address  or  addresses  that the applicant
21        requests not be disclosed for the reason that  disclosure
22        will increase the risk of domestic violence or stalking.
23             (6)  The  signature  of  the  applicant  and  of any
24        individual or representative of any office designated  in
25        writing  under Section 60 who assisted in the preparation
26        of the application and the date on  which  the  applicant
27        signed the application.
28             (7)  Proof   of   a   legal   change   of  name,  as
29        appropriate.
30        (b)  Applications shall be filed by mail with the  office
31    of the Attorney General.
32        (c)  The  Attorney General shall certify the applicant as
33    a program participant upon the filing of a properly completed
34    application. Applicants  shall  be  certified  for  one  year
 
HB1375 Engrossed            -5-      LRB093 03921 RLC 03958 b
 1    following  the  date  of  filing  unless the certification is
 2    withdrawn or  invalidated  before  that  date.  The  Attorney
 3    General shall by rule establish a renewal procedure.
 4        (d)  A  person who falsely attests in an application that
 5    disclosure of the  applicant's  address  would  endanger  the
 6    applicant's  safety or the safety of the applicant's children
 7    or the minor or person under legal disability on whose behalf
 8    the application is made, or who knowingly provides  false  or
 9    incorrect  information  upon making an application, is guilty
10    of a Class A misdemeanor. A notice shall be printed  in  bold
11    type  and  in  a  conspicuous  location  on  the  face of the
12    application informing the applicant of  the  penalties  under
13    this subsection.

14        Section 25.  Agent; service.
15        (a)  Service  on  the agent of any summons, writ, notice,
16    demand, or process shall be made by delivering to the agent 2
17    copies of the summons, writ, notice, demand, or process.
18        (b)  If a summons, writ, notice, demand,  or  process  is
19    served on the agent, the agent shall immediately cause a copy
20    to  be  forwarded  to  the program participant at the address
21    shown on the records of the address  confidentiality  program
22    so  that  the  summons,  writ,  notice, demand, or process is
23    received by the program participant  within  3  days  of  the
24    agent having received it.
25        (c)  The  agent  shall  keep  a  record of all summonses,
26    writs, notices, demands, and processes served upon the  agent
27    under this Section and shall record the time of that service.
28    The  agent  shall  forward documentation indicating that this
29    information is on file at the agency to the Attorney General.
30        (d)  The Office of the Attorney  General,  any  agent  or
31    person  employed by the Attorney General, and any agent shall
32    be held harmless from any liability in any action brought  by
33    any  person  injured or harmed as a result of the handling of
 
HB1375 Engrossed            -6-      LRB093 03921 RLC 03958 b
 1    first-class mail on behalf of program participants.

 2        Section  30.  Name  changes  of   program   participants;
 3    confidential.  The  Attorney  General  and  agent  shall keep
 4    confidential name changes of  program  participants  obtained
 5    pursuant  to  subsection (b) of Section 21-102 of the Code of
 6    Civil Procedure. The Attorney General and  agent  shall  have
 7    the   same   responsibilities   and  obligations  to  program
 8    participants who have obtained a name change as to any  other
 9    program participant under this Act.

10        Section   35.  Termination   of   program   participant's
11    certification.
12        (a)  The  address  confidentiality  program  manager  may
13    terminate   a   program   participant's   certification   and
14    invalidate  his  or  her  authorization  card  for any of the
15    following reasons:
16             (1)  The program  participant's  certification  term
17        has  expired  and  certification  renewal  has  not  been
18        completed.
19             (2)  The address confidentiality program manager has
20        determined   that  false  information  was  used  in  the
21        application process or that participation in the  program
22        is  being  used  as  a  subterfuge  to avoid detection of
23        illegal or  criminal  activity  or  apprehension  by  law
24        enforcement.
25             (3)  The  program  participant  no longer resides at
26        the residential address listed on  the  application,  and
27        has  not  provided  at  least  10  days'  prior notice in
28        writing of a change in address.
29             (4)  A service of process document or mail forwarded
30        to the program participant by the address confidentiality
31        program manager or agent is returned as nondeliverable.
32             (5)  The program participant obtains  a  legal  name
 
HB1375 Engrossed            -7-      LRB093 03921 RLC 03958 b
 1        change and fails to notify the Attorney General within 10
 2        days.
 3        (b)  If  termination  is  a result of paragraph (1), (3),
 4    (4), or (5) of subsection (a),  the  address  confidentiality
 5    program  manager  shall  send  written  notification  of  the
 6    intended  termination to the program participant. The program
 7    participant shall have 5 business days in which to appeal the
 8    termination  under  procedures  developed  by  the   Attorney
 9    General.
10        (c)  The  address  confidentiality  program manager shall
11    notify in writing the  county  clerk  or  board  of  election
12    commissioners  and  authorized  personnel  of the appropriate
13    county clerk's or board of  election  commissioners'  office,
14    county  recorder's  office,  the  local  department of public
15    health, and any schools attended by the  program  participant
16    or   his   or  her  children  of  the  program  participant's
17    certification withdrawal or termination.
18        (d)  Upon receipt of this termination notification, agent
19    shall transmit to the address confidentiality program manager
20    all appropriate  administrative  records  pertaining  to  the
21    program  participant  and  shall no longer be responsible for
22    maintaining  the  confidentiality  of  a  terminated  program
23    participant's record.
24        (e)  Following   termination   of   program   participant
25    certification as a result  of  subsection  (a),  the  address
26    confidentiality  program  manager  may  disclose  information
27    contained in the participant's application.
28        (f)  Any  records  or  documents  pertaining to a program
29    participant shall be retained and  held  confidential  for  a
30    period of 3 years after termination of certification and then
31    destroyed.

32        Section 40.  Withdrawal from program participation.
33        (a)  A  program  participant  may  withdraw  from program
 
HB1375 Engrossed            -8-      LRB093 03921 RLC 03958 b
 1    participation by submitting to  the  address  confidentiality
 2    program manager written notification of withdrawal and his or
 3    her  current  identification  card.  Certification  shall  be
 4    terminated on the date of receipt of this notification.

 5        Section 45.  Designated address.
 6        (a)  A  program  participant  may  request that State and
 7    local agencies use the address  designated  by  the  Attorney
 8    General as his or her address. When creating a public record,
 9    State  and local agencies shall accept the address designated
10    by the Attorney General as a program participant's substitute
11    address, unless the Attorney General has determined  both  of
12    the following:
13             (1)  The   agency  has  a  bona  fide  statutory  or
14        administrative requirement for the  use  of  the  address
15        that would otherwise be confidential under this Act.
16             (2)  This  address  will  be  used  only  for  those
17        statutory  and  administrative  purposes  and  may not be
18        publicly disseminated.
19        (b)  A program participant may  request  that  State  and
20    local  agencies  use  the  address designated by the Attorney
21    General as his or her address. When modifying or  maintaining
22    a  public  record,  excluding  the record of any birth, fetal
23    death, death, or marriage registered under the Vital  Records
24    Act,  State  and  local  agencies  shall  accept  the address
25    designated by the Attorney General as a program participant's
26    substitute  address,  unless   the   Attorney   General   has
27    determined both of the following:
28             (1)  The   agency  has  a  bona  fide  statutory  or
29        administrative requirement for the  use  of  the  address
30        that would otherwise be confidential under this Act.
31             (2)  This  address  will  be  used  only  for  those
32        statutory  and  administrative  purposes  and  may not be
33        publicly disseminated.
 
HB1375 Engrossed            -9-      LRB093 03921 RLC 03958 b
 1        (c)  A program participant may use the address designated
 2    by the Attorney General as his or her work address.
 3        (d)  The agent shall forward all first-class mail and all
 4    mail sent by a governmental agency to the appropriate program
 5    participants. The agent shall not handle or forward  packages
 6    regardless of size or type of mailing.
 7        (e)  Notwithstanding  subsections  (a)  and  (b), program
 8    participants shall comply with the  provisions  specified  in
 9    Section  6-117  of  the  Illinois  Vehicle Code if requesting
10    suppression of the records maintained  by  the  Secretary  of
11    State  under  the Illinois Vehicle Code. Program participants
12    shall also comply with all other provisions of  the  Illinois
13    Vehicle   Code   relating   to   providing   current  address
14    information to the Secretary of State.

15        Section 50.  Confidential voting.  A program  participant
16    who  is  otherwise qualified to vote may seek to register and
17    vote in a confidential manner under Section  4-34,  5-44,  or
18    6-81 of the Election Code.

19        Section  55.  Confidential records.  Neither the Attorney
20    General nor agent may make a program  participant's  address,
21    other than the address designated by the Attorney General, or
22    a  program participant's name change available for inspection
23    or copying, except under any of the following circumstances:
24        (1)  If requested by a law enforcement agency, to the law
25    enforcement agency.
26        (2)  If directed by a court order, to a person identified
27    in the order.
28        (3)  If certification has been canceled.

29        Section   60.  Assistance   from   other   agencies.  The
30    Attorney General shall designate State and local agencies and
31    nonprofit  agencies  that  provide  counseling  and   shelter
 
HB1375 Engrossed            -10-     LRB093 03921 RLC 03958 b
 1    services  to  victims  of  domestic  violence  or stalking to
 2    assist persons  applying  to  be  program  participants.  Any
 3    assistance  and  counseling  rendered  by  the  Office of the
 4    Attorney General or its designees to applicants shall  in  no
 5    way be construed as legal advice.

 6        Section 65.  Rules.  The Attorney General may adopt rules
 7    to  facilitate  the  administration  of this Act by State and
 8    local agencies.

 9        Section 70.  Report to the General Assembly.
10        (a)  The Attorney General shall  submit  to  the  General
11    Assembly,  no  later  than  January 10 of each year, a report
12    that includes the total number of applications  received  for
13    the  program  established  by  this  Act.  The  report  shall
14    disclose  the  number  of  program  participants  within each
15    county and shall also  describe  any  allegations  of  misuse
16    relating to election purposes.
17        (b)  The   Attorney   General  shall  commence  accepting
18    applications and other activities under this program on  July
19    1, 2004.
20        (c)  The  Attorney  General  shall submit a report to the
21    General Assembly by January 1, 2010 that includes  the  total
22    number  of  pieces of mail forwarded to program participants,
23    the number  of  program  participants  during  the  program's
24    duration,  the  number of program participants who obtained a
25    confidential name change  under  subsection  (b)  of  Section
26    21-102  of the Code of Civil Procedure, the average length of
27    time a participant remains in the program, and  the  targeted
28    Act  changes  needed  to improve the program's efficiency and
29    cost-effectiveness.

30        Section 75.  Repeal.  This Act is repealed on January  1,
31    2014.
 
HB1375 Engrossed            -11-     LRB093 03921 RLC 03958 b
 1        Section  105.  The  Election  Code  is  amended by adding
 2    Sections 4-34, 5-44, and 6-81 as follows:

 3        (10 ILCS 5/4-34 new)
 4        Sec. 4-34. Confidential registration.
 5        (a) Any  person  filing  with  the  county  clerk  a  new
 6    affidavit  of  registration  or  re-registration may have the
 7    information  relating  to  his  or  her   residence   address
 8    appearing on the affidavit of registration, or any registrant
 9    list  or  roster  or  index prepared from that list, declared
10    confidential upon  presentation  of  certification  that  the
11    person  is  a  participant in the Address Confidentiality for
12    Victims of Domestic Violence and Stalking program  under  the
13    Victims   of   Stalking   and   Domestic   Violence   Address
14    Confidentiality Act.
15        (b)  Any  person granted confidentiality under subsection
16    (a) shall:
17             (1)  Be  considered  an   absent   voter   for   all
18        subsequent   elections  or  until  the  county  clerk  is
19        notified otherwise by the Attorney General or in  writing
20        by  the  voter.  A voter requesting termination of absent
21        voter  status  under  this  paragraph  (1)  consents   to
22        placement   of  his  or  her  residence  address  on  the
23        registration  record   card   or   computer-based   voter
24        registration file.
25             (2)  In  addition to the required residence address,
26        provide a valid mailing address to be used  in  place  of
27        the  residence  address for election purposes. The county
28        clerk, in producing any list, roster, or  index  may,  at
29        his  or  her choice, use the valid mailing address or the
30        word "confidential" or some similar designation in  place
31        of the residence address.
32        (c)  No  action  in  negligence may be maintained against
33    any government entity or officer or employee of a  government
 
HB1375 Engrossed            -12-     LRB093 03921 RLC 03958 b
 1    entity  as  a result of disclosure of the information that is
 2    the subject of this Section unless  by  a  showing  of  gross
 3    negligence or willfulness.
 4        (d)  Subsections  (a)  and (b) do not apply to any person
 5    granted confidentiality upon receipt by the county clerk of a
 6    written notice by the address confidentiality program manager
 7    of the withdrawal, invalidation, expiration,  or  termination
 8    of the program participant's certification.
 9        (e) This Section is repealed on January 1, 2014.

10        (10 ILCS 5/5-44 new)
11        Sec. 5-44. Confidential registration.
12        (a)  Any  person  filing  with  the  county  clerk  a new
13    affidavit of registration or  re-registration  may  have  the
14    information   relating   to  his  or  her  residence  address
15    appearing on the affidavit of registration, or any registrant
16    list or roster or index prepared  from  that  list,  declared
17    confidential  upon  presentation  of  certification  that the
18    person is a participant in the  Address  Confidentiality  for
19    Victims  of  Domestic Violence and Stalking program under the
20    Victims   of   Stalking   and   Domestic   Violence   Address
21    Confidentiality Act.
22        (b) Any person granted confidentiality  under  subsection
23    (a) shall:
24             (1) Be considered an absent voter for all subsequent
25        elections or until the county clerk is notified otherwise
26        by  the  Attorney  General  or in writing by the voter. A
27        voter requesting termination of absent voter status under
28        this paragraph (1) consents to placement of  his  or  her
29        residence  address  on  the  registration  record card or
30        computer-based voter registration file.
31             (2)  In addition to the required residence  address,
32        provide  a  valid  mailing address to be used in place of
33        the residence address for election purposes.
 
HB1375 Engrossed            -13-     LRB093 03921 RLC 03958 b
 1        The county clerk, in producing any list, roster, or index
 2    may, at his or her choice, use the valid mailing  address  or
 3    the  word "confidential" or some similar designation in place
 4    of the residence address.
 5        (c)  No action in negligence may  be  maintained  against
 6    any  government entity or officer or employee of a government
 7    entity as a result of disclosure of the information  that  is
 8    the  subject  of  this  Section  unless by a showing of gross
 9    negligence or willfulness.
10        (d)  Subsections (a) and (b) do not apply to  any  person
11    granted confidentiality upon receipt by the county clerk of a
12    written notice by the address confidentiality program manager
13    of  the  withdrawal, invalidation, expiration, or termination
14    of the program participant's certification.
15        (e) This Section is repealed on January 1, 2014.

16        (10 ILCS 5/6-81 new)
17        Sec. 6-81. Confidential registration.
18        (a)  Any  person  filing  with  the  Board  of   Election
19    Commissioners    a   new   affidavit   of   registration   or
20    re-registration may have the information relating to  his  or
21    her   residence   address   appearing  on  the  affidavit  of
22    registration, or any  registrant  list  or  roster  or  index
23    prepared   from   that   list,   declared  confidential  upon
24    presentation  of  certification  that   the   person   is   a
25    participant  in  the  Address  Confidentiality for Victims of
26    Domestic Violence and Stalking program under the  Victims  of
27    Stalking and Domestic Violence Address Confidentiality Act.
28        (b)  Any  person granted confidentiality under subsection
29    (a) shall:
30             (1)  Be  considered  an   absent   voter   for   all
31        subsequent  elections  or   until  the  Board of Election
32        Commissioners  is  notified  otherwise  by  the  Attorney
33        General or in writing by the voter.  A  voter  requesting
 
HB1375 Engrossed            -14-     LRB093 03921 RLC 03958 b
 1        termination  of  absent voter status under this paragraph
 2        (1) consents to placement of his or her residence address
 3        on the registration record card or  computer-based  voter
 4        registration file.
 5             (2)  In  addition to the required residence address,
 6        provide a valid mailing address to be used  in  place  of
 7        the residence address for election purposes. The Board of
 8        Election Commissioners, in producing any list, roster, or
 9        index  may,  at  his or her choice, use the valid mailing
10        address  or  the  word  "confidential"  or  some  similar
11        designation in place of the residence address.
12        (c)  No action in negligence may  be  maintained  against
13    any  government entity or officer or employee of a government
14    entity as a result of disclosure of the information  that  is
15    the  subject  of  this  Section  unless by a showing of gross
16    negligence or willfulness.
17        (d)  Subsections (a) and (b) do not apply to  any  person
18    granted confidentiality upon receipt by the county clerk of a
19    written notice by the address confidentiality program manager
20    of  the  withdrawal, invalidation, expiration, or termination
21    of the program participant's certification.
22        (e) This Section is repealed on January 1, 2014.

23        Section 110. The Illinois  Vehicle  Code  is  amended  by
24    changing Section 2-123 as follows:

25        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
26        Sec. 2-123.  Sale and Distribution of Information.
27        (a)  Except  as  otherwise  provided in this Section, the
28    Secretary may make the driver's license,  vehicle  and  title
29    registration  lists, in part or in whole, and any statistical
30    information derived  from  these  lists  available  to  local
31    governments,   elected  state  officials,  state  educational
32    institutions, and all other governmental units of  the  State
 
HB1375 Engrossed            -15-     LRB093 03921 RLC 03958 b
 1    and  Federal  Government  requesting  them  for  governmental
 2    purposes.  The Secretary shall require any such applicant for
 3    services to pay for the costs of furnishing such services and
 4    the use  of  the  equipment  involved,  and  in  addition  is
 5    empowered to establish prices and charges for the services so
 6    furnished  and  for  the  use  of  the  electronic  equipment
 7    utilized.
 8        (b)  The Secretary is further empowered to and he may, in
 9    his  discretion,  furnish to any applicant, other than listed
10    in subsection (a) of this Section, vehicle or driver data  on
11    a  computer  tape,  disk, other electronic format or computer
12    processable medium, or printout at a fixed  fee  of  $250  in
13    advance  and require in addition a further sufficient deposit
14    based upon the Secretary of State's  estimate  of  the  total
15    cost  of  the  information  requested and a charge of $25 per
16    1,000 units or part thereof identified or  the  actual  cost,
17    whichever  is  greater. The Secretary is authorized to refund
18    any difference between the additional deposit and the  actual
19    cost of the request.  This service shall not be in lieu of an
20    abstract  of a driver's record nor of a title or registration
21    search.  This service may be limited to entities purchasing a
22    minimum number of records as required by administrative rule.
23    The information sold pursuant to this subsection shall be the
24    entire vehicle or driver data list,  or  part  thereof.   The
25    information  sold  pursuant  to  this  subsection  shall  not
26    contain   personally   identifying   information  unless  the
27    information is to be used for one of the purposes  identified
28    in  subsection  (f-5) of this Section.  Commercial purchasers
29    of driver and vehicle record databases  shall  enter  into  a
30    written  agreement  with the Secretary of State that includes
31    disclosure of the commercial use of  the  information  to  be
32    purchased.
33        (c)  Secretary  of  State  may  issue registration lists.
34    The Secretary of State shall compile and  publish,  at  least
 
HB1375 Engrossed            -16-     LRB093 03921 RLC 03958 b
 1    annually,  a  list  of all registered vehicles.  Each list of
 2    registered vehicles shall be arranged serially  according  to
 3    the  registration numbers assigned to registered vehicles and
 4    shall  contain  in  addition  the  names  and  addresses   of
 5    registered  owners  and  a  brief description of each vehicle
 6    including the serial or  other  identifying  number  thereof.
 7    Such  compilation may be in such form as in the discretion of
 8    the Secretary  of  State  may  seem  best  for  the  purposes
 9    intended.
10        (d)  The  Secretary of State shall furnish no more than 2
11    current available lists of such registrations to the sheriffs
12    of all counties and to the chiefs of police of all cities and
13    villages and towns of 2,000 population and over in this State
14    at no cost.   Additional  copies  may  be  purchased  by  the
15    sheriffs  or  chiefs  of police at the fee of $500 each or at
16    the cost of producing the list as determined by the Secretary
17    of State.   Such  lists  are  to  be  used  for  governmental
18    purposes only.
19        (e)  (Blank).
20        (e-1)  (Blank).
21        (f)  The  Secretary  of  State  shall  make  a  title  or
22    registration  search  of  the  records  of  his  office and a
23    written report on the  same  for  any  person,  upon  written
24    application  of  such  person, accompanied by a fee of $5 for
25    each registration or title search.  The  written  application
26    shall   set   forth   the   intended  use  of  the  requested
27    information.   No  fee  shall  be  charged  for  a  title  or
28    registration  search,  or  for  the   certification   thereof
29    requested by a government agency.  The report of the title or
30    registration  search shall not contain personally identifying
31    information unless the request for a search was made for  one
32    of  the  purposes  identified  in  subsection  (f-5)  of this
33    Section.
34        The  Secretary  of  State  shall  certify  a   title   or
 
HB1375 Engrossed            -17-     LRB093 03921 RLC 03958 b
 1    registration   record  upon  written  request.  The  fee  for
 2    certification shall be $5 in addition to the fee required for
 3    a title or registration search. Certification shall  be  made
 4    under  the  signature of the Secretary of State  and shall be
 5    authenticated by Seal of the Secretary of State.
 6        The Secretary of State may notify the  vehicle  owner  or
 7    registrant  of  the  request  for  purchase  of  his title or
 8    registration information as the Secretary deems appropriate.
 9        No information shall be released to the  requestor  until
10    expiration  of a 10 day period.  This 10 day period shall not
11    apply to requests for information  made  by  law  enforcement
12    officials,   government   agencies,  financial  institutions,
13    attorneys,   insurers,   employers,   automobile   associated
14    businesses, persons licensed as a private detective or  firms
15    licensed  as  a  private  detective  agency under the Private
16    Detective, Private Alarm, and Private Security Act  of  1983,
17    who   are  employed  by  or  are  acting  on  behalf  of  law
18    enforcement   officials,   government   agencies,   financial
19    institutions,  attorneys,  insurers,  employers,   automobile
20    associated   businesses,  and  other  business  entities  for
21    purposes consistent  with  the  Illinois  Vehicle  Code,  the
22    vehicle   owner  or  registrant  or  other  entities  as  the
23    Secretary may exempt by rule and regulation.
24        Any misrepresentation made by a  requestor  of  title  or
25    vehicle  information  shall be punishable as a petty offense,
26    except in the case of persons licensed as a private detective
27    or firms licensed as a private detective agency  which  shall
28    be  subject  to disciplinary sanctions under Section 22 or 25
29    of the Private Detective, Private Alarm, and Private Security
30    Act of 1983.
31        (f-5)  The Secretary  of  State  shall  not  disclose  or
32    otherwise   make  available  to  any  person  or  entity  any
33    personally identifying information obtained by the  Secretary
34    of  State  in connection with a driver's license, vehicle, or
 
HB1375 Engrossed            -18-     LRB093 03921 RLC 03958 b
 1    title registration record unless the information is disclosed
 2    for one of the following purposes:
 3             (1)  For use by any government agency, including any
 4        court or law enforcement  agency,  in  carrying  out  its
 5        functions,  or  any  private  person  or entity acting on
 6        behalf of a federal, State, or local agency  in  carrying
 7        out its functions.
 8             (2)  For  use  in  connection  with matters of motor
 9        vehicle  or  driver  safety  and  theft;  motor   vehicle
10        emissions; motor vehicle product alterations, recalls, or
11        advisories;  performance  monitoring  of  motor vehicles,
12        motor  vehicle  parts,  and  dealers;  and   removal   of
13        non-owner  records  from  the  original  owner records of
14        motor vehicle manufacturers.
15             (3)  For use in the normal course of business  by  a
16        legitimate   business   or   its  agents,  employees,  or
17        contractors, but only:
18                  (A)  to  verify  the   accuracy   of   personal
19             information   submitted  by  an  individual  to  the
20             business or its agents, employees,  or  contractors;
21             and
22                  (B)  if such information as so submitted is not
23             correct  or  is  no  longer  correct,  to obtain the
24             correct information, but only for  the  purposes  of
25             preventing   fraud   by,   pursuing  legal  remedies
26             against,  or  recovering  on  a  debt  or   security
27             interest against, the individual.
28             (4)  For  use  in research activities and for use in
29        producing  statistical   reports,   if   the   personally
30        identifying information is not published, redisclosed, or
31        used to contact individuals.
32             (5)  For use in connection with any civil, criminal,
33        administrative,  or  arbitral  proceeding in any federal,
34        State,  or  local  court  or   agency   or   before   any
 
HB1375 Engrossed            -19-     LRB093 03921 RLC 03958 b
 1        self-regulatory  body,  including the service of process,
 2        investigation in  anticipation  of  litigation,  and  the
 3        execution  or  enforcement  of  judgments  and orders, or
 4        pursuant to an order of a federal, State, or local court.
 5             (6)  For use by any  insurer  or  insurance  support
 6        organization  or  by a self-insured entity or its agents,
 7        employees,  or  contractors  in  connection  with  claims
 8        investigation activities, antifraud  activities,  rating,
 9        or underwriting.
10             (7)  For  use  in  providing notice to the owners of
11        towed or impounded vehicles.
12             (8)  For use by any private investigative agency  or
13        security  service  licensed  in  Illinois for any purpose
14        permitted under this subsection.
15             (9)  For use by an employer or its agent or  insurer
16        to obtain or verify information relating to a holder of a
17        commercial   driver's  license  that  is  required  under
18        chapter 313 of title 49 of the United States Code.
19             (10)  For use in connection with  the  operation  of
20        private toll transportation facilities.
21             (11)  For  use  by  any  requester, if the requester
22        demonstrates it has obtained the written consent  of  the
23        individual to whom the information pertains.
24             (12)  For  use  by  members  of  the  news media, as
25        defined  in  Section  1-148.5,   for   the   purpose   of
26        newsgathering  when  the request relates to the operation
27        of a motor vehicle or public safety.
28             (13)  For any other use specifically  authorized  by
29        law,  if  that use is related to the operation of a motor
30        vehicle or public safety.
31        (f-6)  Notwithstanding  the  provisions   of   subsection
32    (f-5),  any  residence  address  obtained by the Secretary of
33    State in connection with  a  driver's  license,  vehicle,  or
34    title  registration  record  is  confidential  and may not be
 
HB1375 Engrossed            -20-     LRB093 03921 RLC 03958 b
 1    disclosed to any person, except:
 2             (1)  A  court,  law  enforcement  agency,  or  other
 3        government agency, or as authorized in clauses (2),  (3),
 4        (4), (5), (6), or (7) of this subsection (f-6).
 5             (2)  A  financial  institution licensed by the State
 6        or federal government to do business in this  State  that
 7        states  under  penalty  of perjury that it has obtained a
 8        written waiver from  the  confidentiality  provisions  of
 9        this  subsection  (f-6)  signed  by  the individual whose
10        address  is  requested,   except   that   the   financial
11        institution may provide the address of any person who has
12        entered  into an agreement held by that institution prior
13        to the effective date of this amendatory Act of the  93rd
14        General  Assembly,  so  long as that agreement remains in
15        effect.
16             (3)  An insurance company licensed to do business in
17        this State when the company, under  penalty  of  perjury,
18        requests the information for the purpose of obtaining the
19        address  of another motorist or vehicle owner involved in
20        an accident with the company's insured  or  requests  the
21        information  on  an  individual  who has signed a written
22        waiver  of  this  subsection  (f-6)  or  the  individuals
23        insured under a policy if a named insured of that  policy
24        has signed a written waiver.
25             (4)  An  attorney  when  the  attorney states, under
26        penalty of perjury, that  the  motor  vehicle  registered
27        owner   or  driver  residential  address  information  is
28        necessary in order to represent his or her  client  in  a
29        criminal  or civil action which directly involves the use
30        of the motor vehicle or vessel that is pending, is to  be
31        filed,  or  is  being investigated. Information requested
32        under this clause (4) is subject to all of the following:
33                  (A)  The attorney shall state that the criminal
34             or civil action that is pending, is to be filed,  or
 
HB1375 Engrossed            -21-     LRB093 03921 RLC 03958 b
 1             is being investigated relates directly to the use of
 2             that motor vehicle.
 3                  (B)  The  case  number, if any, or the names of
 4             expected parties to the extent they are known to the
 5             attorney requesting the information, shall be listed
 6             on the request.
 7                  (C)  A  residence  address  obtained  from  the
 8             Secretary of State may not be used for  any  purpose
 9             other  than  in  furtherance  of  the  case cited or
10             action to be filed or which is being investigated.
11                  (D)  If no action is filed within a  reasonable
12             time,  the  residence  address  information shall be
13             destroyed.
14                  (E)  An  attorney  may  not  request  residence
15             address information under this clause (4)  in  order
16             to sell the information to any person.
17                  (F)  Within  10  days  of receipt of a request,
18             the Secretary of State shall notify every individual
19             whose residence address  has  been  requested  under
20             this clause (4).
21        (5)  A  vehicle  manufacturer  licensed to do business in
22    this State if the manufacturer, or its agent,  under  penalty
23    of  perjury,  requests  and uses the information only for the
24    purpose of safety, warranty, emission, or product  recall  if
25    the  manufacturer  offers to make and makes any changes at no
26    cost to the vehicle owner.
27        (6)   A dealer licensed to do business in this  State  if
28    the  dealer, or its agent, under penalty of perjury, requests
29    and uses the information only for the purpose  of  completing
30    registration transactions and documents.
31        (7)    A  person  who, under penalty of perjury, requests
32    and uses the information and makes a written assurance to the
33    Secretary of State that the information will be  used  solely
34    for  statistical  research or reporting purposes, but only if
 
HB1375 Engrossed            -22-     LRB093 03921 RLC 03958 b
 1    the information to be disclosed is in a form  that  will  not
 2    identify  any individual and if the request specifies that no
 3    persons will be contacted by mail or otherwise at the address
 4    included  with  the  information  released.  The  information
 5    released by the Secretary of State under this clause (7)  may
 6    not  be  in  a  form that identifies any person.  Residential
 7    addresses released under this clause (7) may not be used  for
 8    direct  marketing  or  solicitation  for  the purchase of any
 9    consumer product or service.
10        (f-7) Any registration or driver's license  record  of  a
11    person  may be suppressed from any other person, except those
12    persons  specified  in  subsection  (f-6),  if   the   person
13    requesting the suppression submits verification acceptable to
14    the Secretary of State that he or she has reasonable cause to
15    believe either of the following:
16             (1)  that he or she is the subject of stalking; and
17             (2)  that  there  exists  a threat of death or great
18        bodily injury to his or her person.
19        Upon  suppression  of  a   record,   each   request   for
20    information  about  that  record  shall  be authorized by the
21    subject of the record or  verified  as  legitimate  by  other
22    investigative  means  by  the  Secretary  of State before the
23    information is released.
24        (g) 1.  The Secretary of State may,  upon  receipt  of  a
25        written request and a fee of $6, furnish to the person or
26        agency  so  requesting  a driver's record.  Such document
27        may  include  a  record  of:  current  driver's   license
28        issuance  information,  except  that  the  information on
29        judicial driving  permits  shall  be  available  only  as
30        otherwise  provided  by  this  Code;  convictions; orders
31        entered revoking,  suspending  or  canceling  a  driver's
32        license   or   privilege;   and   notations  of  accident
33        involvement.  All  other  information,  unless  otherwise
34        permitted   by  this  Code,  shall  remain  confidential.
 
HB1375 Engrossed            -23-     LRB093 03921 RLC 03958 b
 1        Information released pursuant to a request for a driver's
 2        record   shall   not   contain   personally   identifying
 3        information, unless the request for the  driver's  record
 4        was  made for one of the purposes set forth in subsection
 5        (f-5) of this Section.
 6             2.  The Secretary of State may certify  an  abstract
 7        of  a  driver's  record  upon  written  request therefor.
 8        Such certification shall be made under the  signature  of
 9        the  Secretary of State and shall be authenticated by the
10        Seal of his office.
11             3.  All  requests  for  driving  record  information
12        shall be made in a manner prescribed by the Secretary and
13        shall  set  forth  the  intended  use  of  the  requested
14        information.
15             The Secretary  of  State  may  notify  the  affected
16        driver of the request for purchase of his driver's record
17        as the Secretary deems appropriate.
18             No  information  shall  be released to the requester
19        until expiration of a 10 day period.  This 10 day  period
20        shall  not  apply to requests for information made by law
21        enforcement  officials,  government  agencies,  financial
22        institutions, attorneys, insurers, employers,  automobile
23        associated  businesses,  persons  licensed  as  a private
24        detective or firms licensed as a private detective agency
25        under the Private Detective, Private Alarm,  and  Private
26        Security  Act  of 1983, who are employed by or are acting
27        on  behalf  of  law  enforcement  officials,   government
28        agencies,  financial  institutions,  attorneys, insurers,
29        employers, automobile associated  businesses,  and  other
30        business   entities  for  purposes  consistent  with  the
31        Illinois Vehicle  Code,  the  affected  driver  or  other
32        entities   as  the  Secretary  may  exempt  by  rule  and
33        regulation.
34             Any misrepresentation made by a requestor of  driver
 
HB1375 Engrossed            -24-     LRB093 03921 RLC 03958 b
 1        information  shall  be  punishable  as  a  petty offense,
 2        except in the case  of  persons  licensed  as  a  private
 3        detective or firms licensed as a private detective agency
 4        which  shall  be  subject to disciplinary sanctions under
 5        Section 22 or 25 of the Private Detective, Private Alarm,
 6        and Private Security Act of 1983.
 7             4.  The Secretary of State may furnish without  fee,
 8        upon the written request of a law enforcement agency, any
 9        information  from  a  driver's  record  on  file with the
10        Secretary of State when such information is  required  in
11        the enforcement of this Code or any other law relating to
12        the  operation  of  motor  vehicles, including records of
13        dispositions; documented information involving the use of
14        a  motor  vehicle;  whether  such  individual   has,   or
15        previously  had,  a driver's license; and the address and
16        personal  description  as  reflected  on  said   driver's
17        record.
18             5.  Except  as  otherwise  provided in this Section,
19        the  Secretary  of  State  may  furnish,   without   fee,
20        information  from  an individual driver's record on file,
21        if a written request therefor is submitted by any  public
22        transit   system   or  authority,  public  defender,  law
23        enforcement agency, a state  or  federal  agency,  or  an
24        Illinois  local  intergovernmental  association,  if  the
25        request  is  for  the  purpose  of  a background check of
26        applicants for employment with the requesting agency,  or
27        for the purpose of an official investigation conducted by
28        the  agency,  or  to  determine a current address for the
29        driver so public funds can be recovered or  paid  to  the
30        driver,  or for any other purpose set forth in subsection
31        (f-5) of this Section.
32             The Secretary may also furnish the courts a copy  of
33        an abstract of a driver's record, without fee, subsequent
34        to  an  arrest  for  a  violation  of Section 11-501 or a
 
HB1375 Engrossed            -25-     LRB093 03921 RLC 03958 b
 1        similar provision of a local  ordinance.   Such  abstract
 2        may   include   records   of   dispositions;   documented
 3        information  involving  the  use  of  a  motor vehicle as
 4        contained in the current file;  whether  such  individual
 5        has,  or  previously  had,  a  driver's  license; and the
 6        address and personal description  as  reflected  on  said
 7        driver's record.
 8             6.  Any  certified  abstract issued by the Secretary
 9        of State or transmitted electronically by  the  Secretary
10        of  State  pursuant  to  this  Section,  to a court or on
11        request of a law enforcement agency, for the record of  a
12        named  person  as  to the status of the person's driver's
13        license shall  be  prima  facie  evidence  of  the  facts
14        therein stated and if the name appearing in such abstract
15        is  the  same as that of a person named in an information
16        or warrant, such abstract shall be prima  facie  evidence
17        that  the  person named in such information or warrant is
18        the same person as the person named in such abstract  and
19        shall  be  admissible for any prosecution under this Code
20        and be admitted as proof of any prior conviction or proof
21        of records, notices, or  orders  recorded  on  individual
22        driving records maintained by the Secretary of State.
23             7.  Subject  to  any  restrictions  contained in the
24        Juvenile Court Act of 1987, and upon receipt of a  proper
25        request  and  a  fee  of $6, the Secretary of State shall
26        provide a driver's record to the affected driver, or  the
27        affected  driver's  attorney,  upon  verification.   Such
28        record  shall  contain all the information referred to in
29        paragraph 1 of this subsection  (g)  plus:  any  recorded
30        accident  involvement  as  a driver; information recorded
31        pursuant to subsection (e) of Section 6-117 and paragraph
32        (4) of subsection (a) of Section 6-204 of this Code.  All
33        other information, unless  otherwise  permitted  by  this
34        Code, shall remain confidential.
 
HB1375 Engrossed            -26-     LRB093 03921 RLC 03958 b
 1        (h)  The  Secretary  shall  not  disclose social security
 2    numbers except pursuant to a written request by, or with  the
 3    prior  written  consent  of,  the  individual  except: (1) to
 4    officers and employees of the Secretary who have  a  need  to
 5    know  the  social  security  numbers  in performance of their
 6    official duties, (2)  to  law  enforcement  officials  for  a
 7    lawful,  civil or criminal law enforcement investigation, and
 8    if the head of the law enforcement agency has made a  written
 9    request  to  the  Secretary  specifying  the  law enforcement
10    investigation for which the social security numbers are being
11    sought,   (3)   to   the   United   States   Department    of
12    Transportation,   or   any   other  State,  pursuant  to  the
13    administration  and  enforcement  of  the  Commercial   Motor
14    Vehicle  Safety  Act of 1986, (4)  pursuant to the order of a
15    court of competent jurisdiction, or (5) to the Department  of
16    Public  Aid  for utilization in the child support enforcement
17    duties assigned to that Department under  provisions  of  the
18    Public  Aid  Code  after the individual has received advanced
19    meaningful notification of what redisclosure is sought by the
20    Secretary in accordance with the federal Privacy Act.
21        (i)  (Blank).
22        (j)  Medical statements or medical  reports  received  in
23    the  Secretary  of  State's Office shall be confidential.  No
24    confidential information may be open to public inspection  or
25    the   contents  disclosed  to  anyone,  except  officers  and
26    employees of the Secretary  who  have  a  need  to  know  the
27    information  contained  in the medical reports and the Driver
28    License Medical Advisory Board,  unless  so  directed  by  an
29    order of a court of competent jurisdiction.
30        (k)  All  fees collected under this Section shall be paid
31    into the Road Fund of the State Treasury, except that  $3  of
32    the  $6  fee  for  a  driver's  record shall be paid into the
33    Secretary of State Special Services Fund.
34        (l)  (Blank).
 
HB1375 Engrossed            -27-     LRB093 03921 RLC 03958 b
 1        (m)  Notations  of  accident  involvement  that  may   be
 2    disclosed  under  this  Section  shall  not include notations
 3    relating to damage to  a  vehicle  or  other  property  being
 4    transported  by  a  tow truck.  This information shall remain
 5    confidential, provided that nothing in  this  subsection  (m)
 6    shall  limit  disclosure  of  any  notification  of  accident
 7    involvement to any law enforcement agency or official.
 8        (n)  Requests   made  by  the  news  media  for  driver's
 9    license, vehicle, or title registration  information  may  be
10    furnished   without   charge  or  at  a  reduced  charge,  as
11    determined by the Secretary, when the  specific  purpose  for
12    requesting  the  documents  is  deemed  to  be  in the public
13    interest.  Waiver or reduction of the fee is  in  the  public
14    interest if the principal purpose of the request is to access
15    and disseminate information regarding the health, safety, and
16    welfare  or the legal rights of the general public and is not
17    for the principal purpose of gaining a personal or commercial
18    benefit. The information provided pursuant to this subsection
19    shall not contain personally identifying  information  unless
20    the  information  is  to  be  used  for  one  of the purposes
21    identified in subsection (f-5) of this Section.
22        (o)  The   redisclosure   of    personally    identifying
23    information  obtained pursuant to this Section is prohibited,
24    except to the extent necessary to effectuate the purpose  for
25    which   the   original  disclosure  of  the  information  was
26    permitted.
27        (p)  The Secretary of State is empowered to  adopt  rules
28    to effectuate this Section.
29    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
30    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
31    7-11-02.)

32        Section  115.  The  Code of Civil Procedure is amended by
33    changing Section 21-102 as follows:
 
HB1375 Engrossed            -28-     LRB093 03921 RLC 03958 b
 1        (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
 2        Sec. 21-102. Petition.
 3        (a)  The petition shall set forth the name then held, the
 4    name sought to be assumed, the residence of  the  petitioner,
 5    the  length of time the petitioner has resided in this State,
 6    and the state or country  of  the  petitioner's  nativity  or
 7    supposed  nativity.   The  petition  shall  be  signed by the
 8    person petitioning or, in case of minors, by  the  parent  or
 9    guardian having the legal custody of the minor.  The petition
10    shall be verified by the affidavit of some credible person.
11        (b)  When  the petition for a change of name alleges that
12    the reason for the petition is to avoid domestic violence, as
13    defined in Section 103 of the Illinois Domestic Violence  Act
14    of  1986, or stalking, as defined in Section 12-7.3 or 12-7.4
15    of the Criminal  Code  of  1961,  and  the  petitioner  is  a
16    participant  in  the  address confidentiality program created
17    under the Victims of Stalking and Domestic  Violence  Address
18    Confidentiality  Act,  the  petition, the order of the court,
19    and the  notice  of  publication  in  Section  21-103  shall,
20    instead  of  reciting  the  proposed  name, indicate that the
21    proposed name is confidential and will be on  file  with  the
22    Attorney   General   under  the  provisions  of  the  address
23    confidentiality program created under the Victims of Stalking
24    and Domestic Violence Address Confidentiality Act.
25    (Source: P.A. 87-409.)