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.)