HB4269eng 93RD GENERAL ASSEMBLY

HB4269 Engrossed LRB093 03486 BDD 40425 b

AN ACT concerning identification.

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

4		Section 5. The Illinois Identification Card Act is amended
5		by changing Sections 4, 5, 6, 7, 11, 13, 14, 14A, 14B, and 14C
6		and by adding Section 1A as follows:
7		(15 ILCS 335/1A new)
8		Sec. 1A. Definitions. As used in this Act:
9		"Highly restricted personal information" means an
10		individual's photograph, signature, social security number,
11		and medical or disability information.
12		"Identification card making implement" means any material,
13		hardware, or software that is specifically designed for or
14		primarily used in the manufacture, assembly, issuance, or
15		authentication of an official identification card issued by the
16		Secretary of State.
17		"Fraudulent identification card" means any identification
18		card that purports to be an official identification card for
19		which a computerized number and file have not been created by
20		the Secretary of State, the United States Government or any
21		state or political subdivision thereof, or any governmental or
22		quasi-governmental organization. For the purpose of this Act,
23		any identification card that resembles an official
24		identification card in either size, color, photograph
25		location, or design or uses the word "official", "state",
26		"Illinois", or the name of any other state or political
27		subdivision thereof, or any governmental or quasi-governmental
28		organization individually or in any combination thereof to
29		describe or modify the term "identification card" or "I.D.
30		card" anywhere on the card, or uses a shape in the likeness of
31		Illinois or any other state on the photograph side of the card,
32		is deemed to be a fraudulent identification card unless the

1		words "This is not an official Identification Card", appear
2		prominently upon it in black colored lettering in 12 point type
3		on the photograph side of the card, and no such card shall be
4		smaller in size than 3 inches by 4 inches, and the photograph
5		shall be on the left side of the card only.
6		"Legal name" means the full given name and surname of an
7		individual as recorded at birth, recorded at marriage, or
8		deemed as the correct legal name for use in reporting income by
9		the Social Security Administration or the name as otherwise
10		established through legal action that appears on the associated
11		official document presented to the Secretary of State.
12		"Personally identifying information" means information
13		that identifies an individual, including his or her
14		identification card number, name, address (but not the 5-digit
15		zip code), and telephone number.
16		(15 ILCS 335/4) (from Ch. 124, par. 24)
17		Sec. 4. Identification Card.
18		(a) The Secretary of State shall issue a standard Illinois
19		Identification Card to any natural person who is a resident of
20		the State of Illinois who applies for such card, or renewal
21		thereof, or who applies for a standard Illinois Identification
22		Card upon release as a committed person on parole, mandatory
23		supervised release, final discharge, or pardon from the
24		Department of Corrections by submitting an identification card
25		issued by the Department of Corrections under Section 3-14-1 of
26		the Unified Code of Corrections, together with the prescribed
27		fees. No identification card shall be issued to any person who
28		holds a valid foreign state identification card, license, or
29		permit unless the person first surrenders to the Secretary of
30		State the valid foreign state identification card, license, or
31		permit. The card shall be prepared and supplied by the
32		Secretary of State and shall include a photograph of the
33		applicant. The applicant, upon receipt of a card and prior to
34		its use for any purpose, shall affix his signature thereon in
35		the space provided therefor. The Illinois Identification Card

1		may be used for identification purposes in any lawful situation
2		only by the person to whom it was issued. As used in this Act,
3		"photograph" means any color photograph or digitally produced
4		and captured image of an applicant for an identification card.
5		As used in this Act, "signature" means the name of a person as
6		written by that person and captured in a manner acceptable to
7		the Secretary of State.
8		(b) The Secretary of State shall issue a special Illinois
9		Identification Card, which shall be known as an Illinois
10		Disabled Person Identification Card, to any natural person who
11		is a resident of the State of Illinois, who is a disabled
12		person as defined in Section 4A of this Act, who applies for
13		such card, or renewal thereof. No Disabled Person
14		Identification Card shall be issued to any person who holds a
15		valid foreign state identification card, license, or permit
16		unless the person first surrenders to the Secretary of State
17		the valid foreign state identification card, license, or
18		permit. The Secretary of State shall charge no fee to issue
19		such card. The card shall be prepared and supplied by the
20		Secretary of State, and shall include a photograph of the
21		applicant, a designation indicating that the card is an
22		Illinois Disabled Person Identification Card, and shall
23		include a comprehensible designation of the type and
24		classification of the applicant's disability as set out in
25		Section 4A of this Act. If the applicant so requests, the card
26		shall include a description of the applicant's disability and
27		any information about the applicant's disability or medical
28		history which the Secretary determines would be helpful to the
29		applicant in securing emergency medical care. The applicant,
30		upon receipt of such a card and prior to its use for any
31		purpose, shall have affixed thereon in the space provided
32		therefor his signature or mark. If a mark is used in lieu of a
33		signature, such mark shall be affixed to the card in the
34		presence of two witnesses who attest to the authenticity of the
35		mark. The Illinois Disabled Person Identification Card may be
36		used for identification purposes in any lawful situation by the

1		person to whom it was issued.
2		The Illinois Disabled Person Identification Card may be
3		used as adequate documentation of disability in lieu of a
4		physician's determination of disability, a determination of
5		disability from a physician assistant who has been delegated
6		the authority to make this determination by his or her
7		supervising physician, a determination of disability from an
8		advanced practice nurse who has a written collaborative
9		agreement with a collaborating physician that authorizes the
10		advanced practice nurse to make this determination, or any
11		other documentation of disability whenever any State law
12		requires that a disabled person provide such documentation of
13		disability, however an Illinois Disabled Person Identification
14		Card shall not qualify the cardholder to participate in any
15		program or to receive any benefit which is not available to all
16		persons with like disabilities. Notwithstanding any other
17		provisions of law, an Illinois Disabled Person Identification
18		Card, or evidence that the Secretary of State has issued an
19		Illinois Disabled Person Identification Card, shall not be used
20		by any person other than the person named on such card to prove
21		that the person named on such card is a disabled person or for
22		any other purpose unless the card is used for the benefit of
23		the person named on such card, and the person named on such
24		card consents to such use at the time the card is so used.
25		When medical information is contained on an Illinois
26		Disabled Person Identification Card, the Office of the
27		Secretary of State shall not be liable for any actions taken
28		based upon that medical information.
29		(c) Beginning January 1, 1986, the Secretary of State shall
30		provide that each original or renewal Illinois Identification
31		Card or Illinois Disabled Person Identification Card issued to
32		a person under the age of 21, shall be of a distinct nature
33		from those Illinois Identification Cards or Illinois Disabled
34		Person Identification Cards issued to individuals 21 years of
35		age or older. The color designated for Illinois Identification
36		Cards or Illinois Disabled Person Identification Cards for

1		persons under the age of 21 shall be at the discretion of the
2		Secretary of State.
3		(c-1) Beginning January 1, 2003, each original or renewal
4		Illinois Identification Card or Illinois Disabled Person
5		Identification Card issued to a person under the age of 21
6		shall display the date upon which the person becomes 18 years
7		of age and the date upon which the person becomes 21 years of
8		age.
9		(d) The Secretary of State may issue a Senior Citizen
10		discount card, to any natural person who is a resident of the
11		State of Illinois who is 60 years of age or older and who
12		applies for such a card or renewal thereof. The Secretary of
13		State shall charge no fee to issue such card. The card shall be
14		issued in every county and applications shall be made available
15		at, but not limited to, nutrition sites, senior citizen centers
16		and Area Agencies on Aging. The applicant, upon receipt of such
17		card and prior to its use for any purpose, shall have affixed
18		thereon in the space provided therefor his signature or mark.
19		(Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03; 93-182,
20		eff. 7-11-03.)
21		(15 ILCS 335/5) (from Ch. 124, par. 25)
22		Sec. 5. Applications. Any natural person who is a resident
23		of the State of Illinois, may file an application for an
24		identification card or for the renewal thereof, in a manner
25		prescribed by the Secretary. Each original application shall be
26		completed by the applicant in full and shall set forth the
27		legal name, residence address and zip code, social security
28		number, birth date, sex and a brief description of the
29		applicant. The applicant shall be photographed and he shall
30		also submit any other information as the Secretary may deem
31		necessary or such documentation as the Secretary may require to
32		determine the identity of the applicant. An applicant for a
33		disabled persons card must also submit with each original or
34		renewal application, on forms prescribed by the Secretary, such
35		documentation as the Secretary may require, establishing that

1		the applicant is a "disabled person" as defined in Section 4A
2		of this Act, and setting forth the applicant's type and class
3		of disability as set forth in Section 4A of this Act.
4		(Source: P.A. 89-569, eff. 1-1-97.)
5		(15 ILCS 335/6) (from Ch. 124, par. 26)
6		Sec. 6. Change of legal name or residence address.
7		(a) Any person whose legal name has changed from the name
8		on the card that he or she has been previously issued must
9		apply for a corrected card within 30 days after the change.
10		(b) Whenever a person holding a card has a change of his or
11		her residence address, he or she shall, within 10 days after
12		the change, notify the Secretary of State of the change in
13		writing, and he or she may then obtain a corrected card.
14		Whenever a person holding a card moves, or has a change of
15		name, such person shall within 10 days, notify the Secretary of
16		State thereof, in writing, and he may then obtain a corrected
17		card.
18		(Source: P.A. 79-1161.)
19		(15 ILCS 335/7) (from Ch. 124, par. 27)
20		Sec. 7. Duplicate and corrected cards.
21		(a) In the event an identification card is lost or
22		destroyed, or if there is a correction change of legal name or
23		residence address, or a change in the type or class of
24		disability of a holder of a disabled person card, the person
25		named on the card may apply for a duplicate or substitute card,
26		or for a corrected card. Any application for a corrected card
27		shall be accompanied by the original card being corrected.
28		(b) The Secretary of State, having issued an identification
29		card in error, may, upon written notice of at least 5 days to
30		the person, require the person to appear at a Driver Services
31		facility to have the identification card error corrected and a
32		new identification card issued. The failure of the person to
33		appear is grounds for cancellation of the person's
34		identification card under Section 13 of this Act.

1		(Source: P.A. 83-1421.)
2		(15 ILCS 335/11) (from Ch. 124, par. 31)
3		Sec. 11. The Secretary may make a search of his records and
4		furnish information as to whether a person has a current
5		Standard Illinois Identification Card or an Illinois Disabled
6		Person Identification Card then on file, upon receipt of a
7		written application therefor accompanied with the prescribed
8		fee. However, the Secretary may not disclose medical
9		information concerning an individual to any person, public
10		agency, private agency, corporation or governmental body
11		unless the individual has submitted a written request for the
12		information or unless the individual has given prior written
13		consent for the release of the information to a specific person
14		or entity. This exception shall not apply to: (1) offices and
15		employees of the Secretary who have a need to know the medical
16		information in performance of their official duties, or (2)
17		orders of a court of competent jurisdiction. When medical
18		information is disclosed by the Secretary in accordance with
19		the provisions of this Section, no liability shall rest with
20		the Office of the Secretary of State as the information is
21		released for informational purposes only.
22		The Secretary may release personally identifying
23		information or highly restricted personal information only to:
24		(1) officers and employees of the Secretary who have a
25		need to know that information;
26		(2) other governmental agencies for use in their
27		official governmental functions;
28		(3) law enforcement agencies that need the information
29		for a criminal or civil investigation; or
30		(4) any entity that the Secretary has authorized, by
31		rule, to receive this information.
32		The Secretary may not disclose an individual's social
33		security number or any associated information obtained from the
34		Social Security Administration without the written request or
35		consent of the individual except: (i) to officers and employees

1		of the Secretary who have a need to know the social security
2		number in the performance of their official duties; (ii) to law
3		enforcement officials for a lawful civil or criminal law
4		enforcement investigation if the head of the law enforcement
5		agency has made a written request to the Secretary specifying
6		the law enforcement investigation for which the social security
7		number is being sought; or (iii) under a lawful court order
8		signed by a judge.
9		(Source: P.A. 83-1421.)
10		(15 ILCS 335/13) (from Ch. 124, par. 33)
11		Sec. 13. Rejection, denial or revocations.
12		(a) The Secretary of State may reject or deny any
13		application if he:
14		1. is not satisfied with the genuineness, regularity or
15		legality of any application; or
16		2. has not been supplied with the required information; or
17		3. is not satisfied with the truth of any information or
18		documentation supplied by an applicant; or
19		4. determines that the applicant is not entitled to the
20		card as applied for; or
21		5. determines that any fraud was committed by the
22		applicant; or
23		6. determines that a signature is not valid or is a
24		forgery; or
25		7. determines that the applicant has not paid the
26		prescribed fee; or
27		8. determines that the applicant has falsely claimed to be
28		a disabled person as defined in Section 4A of this Act; or
29		9. cannot verify the accuracy of any information or
30		documentation submitted by the applicant.
31		(b) The Secretary of State may cancel or revoke any
32		identification card issued by him, upon determining that:
33		1. the holder is not legally entitled to the card; or
34		2. the applicant for the card made a false statement or
35		knowingly concealed a material fact in any application filed by

1		him under this Act; or
2		3. any person has displayed or represented as his own a
3		card not issued to him; or
4		4. any holder has permitted the display or use of his card
5		by any other person; or
6		5. that the signature of the applicant was forgery or that
7		the signature on the card is a forgery; or
8		6. a card has been used for any unlawful or fraudulent
9		purpose; or
10		7. a card has been altered or defaced; or
11		8. any card has been duplicated for any purpose; or
12		9. any card was utilized to counterfeit such cards; or
13		10. the holder of an Illinois Disabled Person
14		Identification Card is not a disabled person as defined in
15		Section 4A of this Act; or
16		11. the holder failed to appear at a Driver Services
17		facility for the reissuance of a card.
18		(c) The Secretary shall make a demand for return of any
19		card which has been cancelled or revoked, or issued in
20		violation of this Act, and every person to whom such demand is
21		addressed, shall promptly and without delay, return such card
22		to the Secretary pursuant to his instructions, or, he shall
23		surrender any such card to the Secretary or any agent of the
24		Secretary upon demand.
25		(d) The Secretary of State is authorized to take possession
26		of any Illinois Identification Card or Illinois Disabled Person
27		Identification Card which has been cancelled or revoked, or
28		which is blank, or which has been altered or defaced or
29		duplicated or which is counterfeit or contains a forgery; or
30		otherwise issued in violation of this Act.
31		(Source: P.A. 83-1421.)
32		(15 ILCS 335/14) (from Ch. 124, par. 34)
33		Sec. 14. Unlawful use of identification card.
34		(a) It is a violation of this Section for any person:
35		1. To possess, display, or cause to be displayed any

1		cancelled or revoked identification card;
2		2. To display or represent as the person's own any
3		identification card issued to another;
4		3. To allow any unlawful use of an identification card
5		issued to the person;
6		4. To lend an identification card to another or
7		knowingly allow the use thereof by another;
8		5. To fail or refuse to surrender to the Secretary of
9		State, the Secretary's agent or any peace officer upon
10		lawful demand, any identification card which has been
11		revoked or cancelled;
12		6. To knowingly possess, use, or allow to be used a
13		stolen identification card making implement.
14		(a-5) As used in this Section "identification card" means
15		any document made or issued by or under the authority of the
16		United States Government, the State of Illinois or any other
17		State or political subdivision thereof, or any governmental or
18		quasi-governmental organization that, when completed with
19		information concerning the individual, is of a type intended or
20		commonly accepted for the purpose of identifying the
21		individual.
22		(b) Sentence.
23		1. Any person convicted of a violation of this Section
24		shall be guilty of a Class A misdemeanor and shall be
25		sentenced to a minimum fine of $500 or 50 hours of
26		community service, preferably at an alcohol abuse
27		prevention program, if available.
28		2. A person convicted of a second or subsequent
29		violation of this Section shall be guilty of a Class 4
30		felony.
31		(c) This Section does not prohibit any lawfully authorized
32		investigative, protective, law enforcement or other activity
33		of any agency of the United States, State of Illinois or any
34		other state or political subdivision thereof.
35		(Source: P.A. 88-210; 89-283, eff. 1-1-96.)

1		(15 ILCS 335/14A) (from Ch. 124, par. 34A)
2		Sec. 14A. Fictitious or unlawfully altered identification
3		card.
4		(a) As used in this Section:
5		1. "A fictitious identification card" means any issued
6		identification card for which a computerized number and
7		file have been created by the Secretary of State, the
8		United States Government, any other state or political
9		subdivision thereof, or any governmental or
10		quasi-governmental organization that contains false
11		information concerning the identity of the individual
12		issued the identification card;
13		2. "False information" means any information
14		concerning the legal name, sex, date of birth, social
15		security number or any photograph that falsifies all or in
16		part the actual identity of the individual issued the
17		identification card;
18		3. "An unlawfully altered identification card" means
19		any issued identification card for which a computerized
20		number and file have been created by the Secretary of
21		State, the United States Government, any other state or
22		political subdivision thereof, or any governmental or
23		quasi-governmental organization that has been physically
24		altered or changed in such a manner that false information
25		appears upon the identification card;
26		4. "A document capable of defrauding another"
27		includes, but is not limited to, any document by which any
28		right, obligation or power with reference to any person or
29		property may be created, transferred, altered or
30		terminated;
31		5. An "identification document" or "identification
32		card" means any document made or issued by or under the
33		authority of the United States Government, the State of
34		Illinois or any other state or political subdivision
35		thereof, or any other governmental or quasi-governmental
36		organization which, when completed with information

1		concerning the individual, is of a type intended or
2		commonly accepted for the purpose of identification of an
3		individual.
4		(b) It is a violation of this Section for any person:
5		1. To knowingly possess, display, or cause to be
6		displayed any fictitious or unlawfully altered
7		identification card;
8		2. To knowingly possess, display, or cause to be
9		displayed any fictitious or unlawfully altered
10		identification card for the purpose of obtaining any
11		account, credit, credit card or debit card from a bank,
12		financial institution or retail mercantile establishment;
13		3. To knowingly possess any fictitious or unlawfully
14		altered identification card with the intent to commit a
15		theft, deception or credit or debit card fraud in violation
16		of any law of this State or any law of any other
17		jurisdiction;
18		4. To knowingly possess any fictitious or unlawfully
19		altered identification card with the intent to commit any
20		other violation of any law of this State or any law of any
21		other jurisdiction for which a sentence to a term of
22		imprisonment in a penitentiary for one year or more is
23		provided;
24		5. To knowingly possess any fictitious or unlawfully
25		altered identification card while in unauthorized
26		possession of any document, instrument or device capable of
27		defrauding another;
28		6. To knowingly possess any fictitious or unlawfully
29		altered identification card with the intent to use the
30		identification card to acquire any other identification
31		document;
32		7. To knowingly issue or assist in the issuance of any
33		fictitious identification card;
34		8. To knowingly alter or attempt to alter any
35		identification card;
36		9. To knowingly manufacture, possess, transfer, or

1		provide any identification document whether real or
2		fictitious for the purpose of obtaining a fictitious
3		identification card;
4		10. To make application for the purpose of obtaining a
5		fictitious identification card for another person;
6		11. To obtain the services of another person to make
7		application for the purpose of obtaining a fictitious
8		identification card.
9		(c) Sentence.
10		1. Any person convicted of a violation of paragraph 1,
11		10, or 11 of subsection (b) of this Section shall be guilty
12		of a Class 4 felony. A person convicted of a second or
13		subsequent violation shall be guilty of a Class 3 felony
14		and shall be sentenced to a minimum fine of $500 or 50
15		hours of community service, preferably at an alcohol abuse
16		prevention program, if available.
17		2. Any person convicted of a violation of paragraph 1
18		of subsection (b) of this Section who at the time of arrest
19		had in his possession two or more fictitious or unlawfully
20		altered identification cards shall be guilty of a Class 4
21		felony.
22		3. Any person convicted of a violation of paragraph 2
23		through 9 of subsection (b) of this Section shall be guilty
24		of a Class 4 felony. A person convicted of a second or
25		subsequent violation shall be guilty of a Class 3 felony.
26		(d) This Section does not prohibit any lawfully authorized
27		investigative, protective, law enforcement or other activity
28		of any agency of the United States, State of Illinois or any
29		other state or political subdivision thereof.
30		(Source: P.A. 89-283, eff. 1-1-96; 90-220, eff. 1-1-98.)
31		(15 ILCS 335/14B) (from Ch. 124, par. 34B)
32		Sec. 14B. Fraudulent identification card.
33		(a) (Blank). As used in this Section:
34		1. "A fraudulent identification card" means any
35		identification card which purports to be an official

1		identification card for which a computerized number and
2		file have not been created by the Secretary of State, the
3		United States Government or any state or political
4		subdivision thereof, or any governmental or
5		quasi-governmental organization. For the purpose of this
6		paragraph, any identification card which resembles an
7		official identification card in either size, color,
8		photograph location, or design or uses the word "official",
9		"state", "Illinois", or the name of any other state or
10		political subdivision thereof, or any governmental or
11		quasi-governmental organization individually or in any
12		combination thereof to describe or modify the term
13		"identification card" or "I.D. card" anywhere on the card,
14		or uses a shape in the likeness of Illinois or any other
15		state on the photograph side of the card, is deemed to be a
16		fraudulent identification card unless the words "This is
17		not an official Identification Card", appear prominently
18		upon it in black colored lettering in 12 point type on the
19		photograph side of the card, and no such card shall be
20		smaller in size than 3 inches by 4 inches, and the
21		photograph shall be on the left side of the card only.
22		2. "A license-making implement" means any implement
23		specially designed or primarily used in the manufacture,
24		assembly or authentication of any identification card
25		issued by the Secretary of State, the United States
26		Government, the State of Illinois or any other state or
27		political subdivision of the state, or any governmental or
28		quasi-governmental organization. Such implements include,
29		but are not limited to, cameras used for creating
30		identification card photographs, camera cards, or
31		identification card laminates.
32		(b) It is a violation of this Section for any person:
33		1. To knowingly possess, display, or cause to be
34		displayed any fraudulent identification card;
35		2. To knowingly possess, display or cause to be
36		displayed any fraudulent identification card for the

1		purpose of obtaining any account, credit, credit card or
2		debit card from a bank, financial institution or retail
3		mercantile establishment;
4		3. To knowingly possess any fraudulent identification
5		card with the intent to commit a theft, deception or credit
6		or debit card fraud in violation of any law of this State
7		or any law of any other jurisdiction;
8		4. To knowingly possess any fraudulent identification
9		card with the intent to commit any other violation of any
10		law of this State or any law of any other jurisdiction for
11		which a sentence to a term of imprisonment in a
12		penitentiary for one year or more is provided;
13		5. To knowingly possess any fraudulent identification
14		card while in unauthorized possession of any document,
15		instrument or device capable of defrauding another;
16		6. To knowingly possess any fraudulent identification
17		card with the intent to use the identification card to
18		acquire any other identification document;
19		7. To knowingly possess without authority any
20		identification card making license-making implement;
21		8. To knowingly possess any stolen identification card
22		making implement;
23		9. To knowingly duplicate, manufacture, sell or
24		transfer any fraudulent identification card;
25		10. To advertise or distribute any information or
26		materials that promote the selling, giving, or furnishing
27		of a fraudulent identification card.
28		(c) Sentence.
29		1. Any person convicted of a violation of paragraph 1
30		of subsection (b) of this Section shall be guilty of a
31		Class 4 felony and shall be sentenced to a minimum fine of
32		$500 or 50 hours of community service, preferably at an
33		alcohol abuse prevention program, if available.
34		2. Any person convicted of a violation of any of
35		paragraphs 2 through 9 of subsection (b) of this Section

1		shall be guilty of a Class 4 felony. A person convicted of
2		a second or subsequent violation shall be guilty of a Class
3		3 felony.
4		3. Any person who violates paragraph 10 of subsection
5		(b) of this Section is guilty of a Class A misdemeanor.
6		(d) This Section does not prohibit any lawfully authorized
7		investigative, protective, law enforcement or other activity
8		of any agency of the United States, State of Illinois or any
9		other state or political subdivision thereof.
10		(e) The Secretary of State may request the Attorney General
11		to seek a restraining order in the circuit court against any
12		person who violates paragraph 10 of subsection (b) of this
13		Section by advertising fraudulent identification cards.
14		(Source: P.A. 91-357, eff. 7-29-99.)
15		(15 ILCS 335/14C) (from Ch. 124, par. 34C)
16		Sec. 14C. Making false application or affidavit.
17		(a) It is a violation of this Section for any person:
18		1. To display or present any document for the purpose
19		of making application for an Illinois Identification Card
20		or Illinois Disabled Person Identification Card knowing
21		that such document contains false information concerning
22		the identity of the applicant;
23		2. To accept or allow to be accepted any document
24		displayed or presented for the purpose of making
25		application for an Illinois Identification Card or
26		Illinois Disabled Person Identification Card knowing that
27		such document contains false information concerning the
28		identify of the applicant;
29		3. To knowingly make any false affidavit or swear or
30		affirm falsely to any matter or thing required by the terms
31		of this Act to be sworn to or affirmed.
32		(b) Sentence.
33		1. Any person convicted of a violation of this Section
34		shall be guilty of a Class 4 felony.
35		2. A person convicted of a second or subsequent

1		violation of this Section shall be guilty of a Class 3
2		felony.
3		(c) This Section does not prohibit any lawfully authorized
4		investigative, protective, law enforcement or other activity
5		of any agency of the United States, State of Illinois or any
6		other state or political subdivision thereof.
7		(d) The Secretary of State may confiscate any suspected
8		fraudulent, fictitious, or altered documents submitted by an
9		applicant in support of an application for an Illinois
10		Identification Card or Illinois Disabled Person Identification
11		Card.
12		(Source: P.A. 86-503.)

13		Section 10. The Illinois Vehicle Code is amended by
14		changing Sections 1-117.5, 1-159.2, 2-110, 2-111, 2-123,
15		6-101, 6-103, 6-106, 6-106.1, 6-110, 6-114, 6-116, 6-301.1,
16		6-301.2, 6-510, 6-511, 6-513 and adding Sections 1-125.9 and
17		1-137.5 as follows:
18		(625 ILCS 5/1-117.5)
19		Sec. 1-117.5. Driver's license or permit making implement.
20		Any material, hardware, or software that is implement specially
21		designed for or primarily used in the manufacture, assembly,
22		issuance, or authentication of an official driver's license or
23		permit issued by the Secretary of State or other official
24		driver's license agency in another jurisdiction. These
25		implements include, but are not limited to, cameras used for
26		creating driver's license captured images, camera cards, or
27		driver's license or permit laminates.
28		(Source: P.A. 90-89, eff. 1-1-98.)
29		(625 ILCS 5/1-125.9 new)
30		Sec. 1-125.9. Highly restricted personal information. An
31		individual's photograph or image, signature, social security
32		number, and medical or disability information.

1		(625 ILCS 5/1-137.5 new)
2		Sec. 1-137.5. Legal name. The full given name and surname
3		of an individual as recorded at birth, recorded at marriage, or
4		deemed as the correct legal name for use in reporting income by
5		the Social Security Administration or the name as otherwise
6		established through legal action that appears on the associated
7		official document presented to the Secretary of State.
8
9		(625 ILCS 5/1-159.2)
10		Sec. 1-159.2. Personally identifying information.
11		Information that identifies an individual, including his or her
12		photograph, social security number, driver identification
13		number, name, address (but not the 5 digit zip code), and
14		telephone number, and medical or disability information, but
15		"personally identifying information" does not include
16		information on vehicular accidents, driving violations, and
17		driver's status.
18		(Source: P.A. 92-32, eff. 7-1-01.)
19		(625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
20		Sec. 2-110. Authority to grant or refuse applications.
21		The Secretary of State shall examine and determine the
22		genuineness, regularity and legality of every application for
23		registration of a vehicle, for a certificate of title therefor,
24		and for a driver's license and of any other application
25		lawfully made to the Secretary of State, and may in all cases
26		make investigation and verify the information and the
27		authenticity of the documents submitted as may be deemed
28		necessary or require additional information, and shall reject
29		any such application if not satisfied of the genuineness,
30		regularity or legality thereof or the truth of any statement
31		contained therein, or for any other reason, when authorized by
32		law.
33		(Source: P.A. 76-1586.)

1		(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
2		Sec. 2-111. Seizure or confiscation of documents and
3		plates.
4		(a) The Secretary of State is authorized to take possession
5		of any certificate of title, registration card, permit,
6		license, registration plate, plates, person with disabilities
7		license plate or parking decal or device, or registration
8		sticker issued by him upon expiration, revocation,
9		cancellation or suspension thereof, or which is fictitious, or
10		which has been unlawfully or erroneously issued. Police
11		officers who have reasonable grounds to believe that any item
12		or items listed in this section should be seized shall request
13		the Secretary of State to take possession of such item or
14		items.
15		(b) The Secretary of State is authorized to confiscate any
16		suspected fraudulent, fictitious, or altered documents
17		submitted by an applicant in support of an application for a
18		driver's license or permit.
19		(Source: P.A. 90-106, eff. 1-1-98.)
20		(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
21		Sec. 2-123. Sale and Distribution of Information.
22		(a) Except as otherwise provided in this Section, the
23		Secretary may make the driver's license, vehicle and title
24		registration lists, in part or in whole, and any statistical
25		information derived from these lists available to local
26		governments, elected state officials, state educational
27		institutions, and all other governmental units of the State and
28		Federal Government requesting them for governmental purposes.
29		The Secretary shall require any such applicant for services to
30		pay for the costs of furnishing such services and the use of
31		the equipment involved, and in addition is empowered to
32		establish prices and charges for the services so furnished and
33		for the use of the electronic equipment utilized.
34		(b) The Secretary is further empowered to and he may, in
35		his discretion, furnish to any applicant, other than listed in

1		subsection (a) of this Section, vehicle or driver data on a
2		computer tape, disk, other electronic format or computer
3		processable medium, or printout at a fixed fee of $250 for
4		orders received before October 1, 2003 and $500 for orders
5		received on or after October 1, 2003, in advance, and require
6		in addition a further sufficient deposit based upon the
7		Secretary of State's estimate of the total cost of the
8		information requested and a charge of $25 for orders received
9		before October 1, 2003 and $50 for orders received on or after
10		October 1, 2003, per 1,000 units or part thereof identified or
11		the actual cost, whichever is greater. The Secretary is
12		authorized to refund any difference between the additional
13		deposit and the actual cost of the request. This service shall
14		not be in lieu of an abstract of a driver's record nor of a
15		title or registration search. This service may be limited to
16		entities purchasing a minimum number of records as required by
17		administrative rule. The information sold pursuant to this
18		subsection shall be the entire vehicle or driver data list, or
19		part thereof. The information sold pursuant to this subsection
20		shall not contain personally identifying information unless
21		the information is to be used for one of the purposes
22		identified in subsection (f-5) of this Section. Commercial
23		purchasers of driver and vehicle record databases shall enter
24		into a written agreement with the Secretary of State that
25		includes disclosure of the commercial use of the information to
26		be purchased.
27		(c) Secretary of State may issue registration lists. The
28		Secretary of State shall compile and publish, at least
29		annually, a list of all registered vehicles. Each list of
30		registered vehicles shall be arranged serially according to the
31		registration numbers assigned to registered vehicles and shall
32		contain in addition the names and addresses of registered
33		owners and a brief description of each vehicle including the
34		serial or other identifying number thereof. Such compilation
35		may be in such form as in the discretion of the Secretary of
36		State may seem best for the purposes intended.

1		(d) The Secretary of State shall furnish no more than 2
2		current available lists of such registrations to the sheriffs
3		of all counties and to the chiefs of police of all cities and
4		villages and towns of 2,000 population and over in this State
5		at no cost. Additional copies may be purchased by the sheriffs
6		or chiefs of police at the fee of $500 each or at the cost of
7		producing the list as determined by the Secretary of State.
8		Such lists are to be used for governmental purposes only.
9		(e) (Blank).
10		(e-1) (Blank).
11		(f) The Secretary of State shall make a title or
12		registration search of the records of his office and a written
13		report on the same for any person, upon written application of
14		such person, accompanied by a fee of $5 for each registration
15		or title search. The written application shall set forth the
16		intended use of the requested information. No fee shall be
17		charged for a title or registration search, or for the
18		certification thereof requested by a government agency. The
19		report of the title or registration search shall not contain
20		personally identifying information unless the request for a
21		search was made for one of the purposes identified in
22		subsection (f-5) of this Section. The report of the title or
23		registration search shall not contain highly restricted
24		personal information unless specifically authorized by this
25		Code.
26		The Secretary of State shall certify a title or
27		registration record upon written request. The fee for
28		certification shall be $5 in addition to the fee required for a
29		title or registration search. Certification shall be made under
30		the signature of the Secretary of State and shall be
31		authenticated by Seal of the Secretary of State.
32		The Secretary of State may notify the vehicle owner or
33		registrant of the request for purchase of his title or
34		registration information as the Secretary deems appropriate.
35		No information shall be released to the requestor until
36		expiration of a 10 day period. This 10 day period shall not

1		apply to requests for information made by law enforcement
2		officials, government agencies, financial institutions,
3		attorneys, insurers, employers, automobile associated
4		businesses, persons licensed as a private detective or firms
5		licensed as a private detective agency under the Private
6		Detective, Private Alarm, Private Security, and Locksmith Act
7		of 2004, who are employed by or are acting on behalf of law
8		enforcement officials, government agencies, financial
9		institutions, attorneys, insurers, employers, automobile
10		associated businesses, and other business entities for
11		purposes consistent with the Illinois Vehicle Code, the vehicle
12		owner or registrant or other entities as the Secretary may
13		exempt by rule and regulation.
14		Any misrepresentation made by a requestor of title or
15		vehicle information shall be punishable as a petty offense,
16		except in the case of persons licensed as a private detective
17		or firms licensed as a private detective agency which shall be
18		subject to disciplinary sanctions under Section 40-10 of the
19		Private Detective, Private Alarm, Private Security, and
20		Locksmith Act of 2004.
21		(f-5) The Secretary of State shall not disclose or
22		otherwise make available to any person or entity any personally
23		identifying information obtained by the Secretary of State in
24		connection with a driver's license, vehicle, or title
25		registration record unless the information is disclosed for one
26		of the following purposes:
27		(1) For use by any government agency, including any
28		court or law enforcement agency, in carrying out its
29		functions, or any private person or entity acting on behalf
30		of a federal, State, or local agency in carrying out its
31		functions.
32		(2) For use in connection with matters of motor vehicle
33		or driver safety and theft; motor vehicle emissions; motor
34		vehicle product alterations, recalls, or advisories;
35		performance monitoring of motor vehicles, motor vehicle
36		parts, and dealers; and removal of non-owner records from

1		the original owner records of motor vehicle manufacturers.
2		(3) For use in the normal course of business by a
3		legitimate business or its agents, employees, or
4		contractors, but only:
5		(A) to verify the accuracy of personal information
6		submitted by an individual to the business or its
7		agents, employees, or contractors; and
8		(B) if such information as so submitted is not
9		correct or is no longer correct, to obtain the correct
10		information, but only for the purposes of preventing
11		fraud by, pursuing legal remedies against, or
12		recovering on a debt or security interest against, the
13		individual.
14		(4) For use in research activities and for use in
15		producing statistical reports, if the personally
16		identifying information is not published, redisclosed, or
17		used to contact individuals.
18		(5) For use in connection with any civil, criminal,
19		administrative, or arbitral proceeding in any federal,
20		State, or local court or agency or before any
21		self-regulatory body, including the service of process,
22		investigation in anticipation of litigation, and the
23		execution or enforcement of judgments and orders, or
24		pursuant to an order of a federal, State, or local court.
25		(6) For use by any insurer or insurance support
26		organization or by a self-insured entity or its agents,
27		employees, or contractors in connection with claims
28		investigation activities, antifraud activities, rating, or
29		underwriting.
30		(7) For use in providing notice to the owners of towed
31		or impounded vehicles.
32		(8) For use by any person licensed as a private
33		detective or firm licensed as a private detective agency
34		under the Private Detective, Private Alarm, Private
35		Security, and Locksmith Act of 1993, private investigative
36		agency or security service licensed in Illinois for any

1		purpose permitted under this subsection.
2		(9) For use by an employer or its agent or insurer to
3		obtain or verify information relating to a holder of a
4		commercial driver's license that is required under chapter
5		313 of title 49 of the United States Code.
6		(10) For use in connection with the operation of
7		private toll transportation facilities.
8		(11) For use by any requester, if the requester
9		demonstrates it has obtained the written consent of the
10		individual to whom the information pertains.
11		(12) For use by members of the news media, as defined
12		in Section 1-148.5, for the purpose of newsgathering when
13		the request relates to the operation of a motor vehicle or
14		public safety.
15		(13) For any other use specifically authorized by law,
16		if that use is related to the operation of a motor vehicle
17		or public safety.
18		(f-6) The Secretary of State shall not disclose or
19		otherwise make available to any person or entity any highly
20		restricted personal information obtained by the Secretary of
21		State in connection with a driver's license, vehicle, or title
22		registration record unless specifically authorized by this
23		Code.
24		(g) 1. The Secretary of State may, upon receipt of a
25		written request and a fee of $6 before October 1, 2003 and
26		a fee of $12 on and after October 1, 2003, furnish to the
27		person or agency so requesting a driver's record. Such
28		document may include a record of: current driver's license
29		issuance information, except that the information on
30		judicial driving permits shall be available only as
31		otherwise provided by this Code; convictions; orders
32		entered revoking, suspending or cancelling a driver's
33		license or privilege; and notations of accident
34		involvement. All other information, unless otherwise
35		permitted by this Code, shall remain confidential.
36		Information released pursuant to a request for a driver's

1		record shall not contain personally identifying
2		information, unless the request for the driver's record was
3		made for one of the purposes set forth in subsection (f-5)
4		of this Section.
5		2. The Secretary of State shall not disclose or
6		otherwise make available to any person or entity any highly
7		restricted personal information obtained by the Secretary
8		of State in connection with a driver's license, vehicle, or
9		title registration record unless specifically authorized
10		by this Code. The Secretary of State may certify an
11		abstract of a driver's record upon written request
12		therefor. Such certification shall be made under the
13		signature of the Secretary of State and shall be
14		authenticated by the Seal of his office.
15		3. All requests for driving record information shall be
16		made in a manner prescribed by the Secretary and shall set
17		forth the intended use of the requested information.
18		The Secretary of State may notify the affected driver
19		of the request for purchase of his driver's record as the
20		Secretary deems appropriate.
21		No information shall be released to the requester until
22		expiration of a 10 day period. This 10 day period shall not
23		apply to requests for information made by law enforcement
24		officials, government agencies, financial institutions,
25		attorneys, insurers, employers, automobile associated
26		businesses, persons licensed as a private detective or
27		firms licensed as a private detective agency under the
28		Private Detective, Private Alarm, Private Security, and
29		Locksmith Act of 2004, who are employed by or are acting on
30		behalf of law enforcement officials, government agencies,
31		financial institutions, attorneys, insurers, employers,
32		automobile associated businesses, and other business
33		entities for purposes consistent with the Illinois Vehicle
34		Code, the affected driver or other entities as the
35		Secretary may exempt by rule and regulation.
36		Any misrepresentation made by a requestor of driver

1		information shall be punishable as a petty offense, except
2		in the case of persons licensed as a private detective or
3		firms licensed as a private detective agency which shall be
4		subject to disciplinary sanctions under Section 40-10 of
5		the Private Detective, Private Alarm, Private Security,
6		and Locksmith Act of 2004.
7		4. The Secretary of State may furnish without fee, upon
8		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 the
11		enforcement of this Code or any other law relating to the
12		operation of motor vehicles, including records of
13		dispositions; documented information involving the use of
14		a motor vehicle; whether such individual has, or previously
15		had, a driver's license; and the address and personal
16		description as reflected on said driver's record.
17		5. Except as otherwise provided in this Section, the
18		Secretary of State may furnish, without fee, information
19		from an individual driver's record on file, if a written
20		request therefor is submitted by any public transit system
21		or authority, public defender, law enforcement agency, a
22		state or federal agency, or an Illinois local
23		intergovernmental association, if the request is for the
24		purpose of a background check of applicants for employment
25		with the requesting agency, or for the purpose of an
26		official investigation conducted by the agency, or to
27		determine a current address for the driver so public funds
28		can be recovered or paid to the driver, or for any other
29		purpose set forth in subsection (f-5) of this Section.
30		The Secretary may also furnish the courts a copy of an
31		abstract of a driver's record, without fee, subsequent to
32		an arrest for a violation of Section 11-501 or a similar
33		provision of a local ordinance. Such abstract may include
34		records of dispositions; documented information involving
35		the use of a motor vehicle as contained in the current
36		file; whether such individual has, or previously had, a

1		driver's license; and the address and personal description
2		as reflected on said driver's record.
3		6. Any certified abstract issued by the Secretary of
4		State or transmitted electronically by the Secretary of
5		State pursuant to this Section, to a court or on request of
6		a law enforcement agency, for the record of a named person
7		as to the status of the person's driver's license shall be
8		prima facie evidence of the facts therein stated and if the
9		name appearing in such abstract is the same as that of a
10		person named in an information or warrant, such abstract
11		shall be prima facie evidence that the person named in such
12		information or warrant is the same person as the person
13		named in such abstract and shall be admissible for any
14		prosecution under this Code and be admitted as proof of any
15		prior conviction or proof of records, notices, or orders
16		recorded on individual driving records maintained by the
17		Secretary of State.
18		7. Subject to any restrictions contained in the
19		Juvenile Court Act of 1987, and upon receipt of a proper
20		request and a fee of $6 before October 1, 2003 and a fee of
21		$12 on or after October 1, 2003, the Secretary of State
22		shall provide a driver's record to the affected driver, or
23		the affected driver's attorney, upon verification. Such
24		record shall contain all the information referred to in
25		paragraph 1 of this subsection (g) plus: any recorded
26		accident involvement as a driver; information recorded
27		pursuant to subsection (e) of Section 6-117 and paragraph
28		(4) of subsection (a) of Section 6-204 of this Code. All
29		other information, unless otherwise permitted by this
30		Code, shall remain confidential.
31		(h) The Secretary shall not disclose social security
32		numbers or any associated information obtained from the Social
33		Security Administration except pursuant to a written request
34		by, or with the prior written consent of, the individual
35		except: (1) to officers and employees of the Secretary who have
36		a need to know the social security numbers in performance of

1		their official duties, (2) to law enforcement officials for a
2		lawful, civil or criminal law enforcement investigation, and if
3		the head of the law enforcement agency has made a written
4		request to the Secretary specifying the law enforcement
5		investigation for which the social security numbers are being
6		sought, (3) to the United States Department of Transportation,
7		or any other State, pursuant to the administration and
8		enforcement of the Commercial Motor Vehicle Safety Act of 1986,
9		(4) pursuant to the order of a court of competent jurisdiction,
10		or (5) to the Department of Public Aid for utilization in the
11		child support enforcement duties assigned to that Department
12		under provisions of the Public Aid Code after the individual
13		has received advanced meaningful notification of what
14		redisclosure is sought by the Secretary in accordance with the
15		federal Privacy Act.
16		(i) (Blank).
17		(j) Medical statements or medical reports received in the
18		Secretary of State's Office shall be confidential. No
19		confidential information may be open to public inspection or
20		the contents disclosed to anyone, except officers and employees
21		of the Secretary who have a need to know the information
22		contained in the medical reports and the Driver License Medical
23		Advisory Board, unless so directed by an order of a court of
24		competent jurisdiction.
25		(k) All fees collected under this Section shall be paid
26		into the Road Fund of the State Treasury, except that (i) for
27		fees collected before October 1, 2003, $3 of the $6 fee for a
28		driver's record shall be paid into the Secretary of State
29		Special Services Fund, (ii) for fees collected on and after
30		October 1, 2003, of the $12 fee for a driver's record, $3 shall
31		be paid into the Secretary of State Special Services Fund and
32		$6 shall be paid into the General Revenue Fund, and (iii) for
33		fees collected on and after October 1, 2003, 50% of the amounts
34		collected pursuant to subsection (b) shall be paid into the
35		General Revenue Fund.
36		(l) (Blank).

1		(m) Notations of accident involvement that may be disclosed
2		under this Section shall not include notations relating to
3		damage to a vehicle or other property being transported by a
4		tow truck. This information shall remain confidential,
5		provided that nothing in this subsection (m) shall limit
6		disclosure of any notification of accident involvement to any
7		law enforcement agency or official.
8		(n) Requests made by the news media for driver's license,
9		vehicle, or title registration information may be furnished
10		without charge or at a reduced charge, as determined by the
11		Secretary, when the specific purpose for requesting the
12		documents is deemed to be in the public interest. Waiver or
13		reduction of the fee is in the public interest if the principal
14		purpose of the request is to access and disseminate information
15		regarding the health, safety, and welfare or the legal rights
16		of the general public and is not for the principal purpose of
17		gaining a personal or commercial benefit. The information
18		provided pursuant to this subsection shall not contain
19		personally identifying information unless the information is
20		to be used for one of the purposes identified in subsection
21		(f-5) of this Section.
22		(o) The redisclosure of personally identifying information
23		obtained pursuant to this Section is prohibited, except to the
24		extent necessary to effectuate the purpose for which the
25		original disclosure of the information was permitted.
26		(p) The Secretary of State is empowered to adopt rules to
27		effectuate this Section.
28		(Source: P.A. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32,
29		eff. 7-1-03; 93-438, eff. 8-5-03; revised 9-23-03.)
30		(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
31		Sec. 6-101. Drivers must have licenses or permits.
32		(a) No person, except those expressly exempted by Section
33		6-102, shall drive any motor vehicle upon a highway in this
34		State unless such person has a valid license or permit, or a
35		restricted driving permit, issued under the provisions of this

1		Act.
2		(b) No person shall drive a motor vehicle unless he holds a
3		valid license or permit, or a restricted driving permit issued
4		under the provisions of Section 6-205, 6-206, or 6-113 of this
5		Act. Any person to whom a license is issued under the
6		provisions of this Act must surrender to the Secretary of State
7		all valid licenses or permits. No drivers license shall be
8		issued to any person who holds a valid Foreign State license,
9		identification card, or permit unless such person first
10		surrenders to the Secretary of State any such valid Foreign
11		State license, identification card, or permit.
12		(c) Any person licensed as a driver hereunder shall not be
13		required by any city, village, incorporated town or other
14		municipal corporation to obtain any other license to exercise
15		the privilege thereby granted.
16		(d) In addition to other penalties imposed under this
17		Section, any person in violation of this Section who is also in
18		violation of Section 7-601 of this Code relating to mandatory
19		insurance requirements shall have his or her motor vehicle
20		immediately impounded by the arresting law enforcement
21		officer. The motor vehicle may be released to any licensed
22		driver upon a showing of proof of insurance for the motor
23		vehicle that was impounded and the notarized written consent
24		for the release by the vehicle owner.
25		(e) In addition to other penalties imposed under this
26		Section, the vehicle of any person in violation of this Section
27		who is also in violation of Section 7-601 of this Code relating
28		to mandatory insurance requirements and who, in violating this
29		Section, has caused death or personal injury to another person
30		is subject to forfeiture under Sections 36-1 and 36-2 of the
31		Criminal Code of 1961. For the purposes of this Section, a
32		personal injury shall include any type A injury as indicated on
33		the traffic accident report completed by a law enforcement
34		officer that requires immediate professional attention in
35		either a doctor's office or a medical facility. A type A injury
36		shall include severely bleeding wounds, distorted extremities,

1		and injuries that require the injured party to be carried from
2		the scene.
3		(Source: P.A. 93-187, eff. 7-11-03.)
4		(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
5		Sec. 6-103. What persons shall not be licensed as drivers
6		or granted permits. The Secretary of State shall not issue,
7		renew, or allow the retention of any driver's license nor issue
8		any permit under this Code:
9		1. To any person, as a driver, who is under the age of
10		18 years except as provided in Section 6-107, and except
11		that an instruction permit may be issued under paragraphs
12		(a) and (b) of Section 6-105 to a child who is not less
13		than 15 years of age if the child is enrolled in an
14		approved driver education course as defined in Section
15		1-103 of this Code and requires an instruction permit to
16		participate therein, except that an instruction permit may
17		be issued under the provisions of Section 6-107.1 to a
18		child who is 17 years and 9 months of age without the child
19		having enrolled in an approved driver education course and
20		except that an instruction permit may be issued to a child
21		who is at least 15 years and 6 months of age, is enrolled
22		in school, meets the educational requirements of the Driver
23		Education Act, and has passed examinations the Secretary of
24		State in his or her discretion may prescribe;
25		2. To any person who is under the age of 18 as an
26		operator of a motorcycle other than a motor driven cycle
27		unless the person has, in addition to meeting the
28		provisions of Section 6-107 of this Code, successfully
29		completed a motorcycle training course approved by the
30		Illinois Department of Transportation and successfully
31		completes the required Secretary of State's motorcycle
32		driver's examination;
33		3. To any person, as a driver, whose driver's license
34		or permit has been suspended, during the suspension, nor to
35		any person whose driver's license or permit has been

1		revoked, except as provided in Sections 6-205, 6-206, and
2		6-208;
3		4. To any person, as a driver, who is a user of alcohol
4		or any other drug to a degree that renders the person
5		incapable of safely driving a motor vehicle;
6		5. To any person, as a driver, who has previously been
7		adjudged to be afflicted with or suffering from any mental
8		or physical disability or disease and who has not at the
9		time of application been restored to competency by the
10		methods provided by law;
11		6. To any person, as a driver, who is required by the
12		Secretary of State to submit an alcohol and drug evaluation
13		or take an examination provided for in this Code unless the
14		person has successfully passed the examination and
15		submitted any required evaluation;
16		7. To any person who is required under the provisions
17		of the laws of this State to deposit security or proof of
18		financial responsibility and who has not deposited the
19		security or proof;
20		8. To any person when the Secretary of State has good
21		cause to believe that the person by reason of physical or
22		mental disability would not be able to safely operate a
23		motor vehicle upon the highways, unless the person shall
24		furnish to the Secretary of State a verified written
25		statement, acceptable to the Secretary of State, from a
26		competent medical specialist to the effect that the
27		operation of a motor vehicle by the person would not be
28		inimical to the public safety;
29		9. To any person, as a driver, who is 69 years of age
30		or older, unless the person has successfully complied with
31		the provisions of Section 6-109;
32		10. To any person convicted, within 12 months of
33		application for a license, of any of the sexual offenses
34		enumerated in paragraph 2 of subsection (b) of Section
35		6-205;
36		11. To any person who is under the age of 21 years with

1		a classification prohibited in paragraph (b) of Section
2		6-104 and to any person who is under the age of 18 years
3		with a classification prohibited in paragraph (c) of
4		Section 6-104;
5		12. To any person who has been either convicted of or
6		adjudicated under the Juvenile Court Act of 1987 based upon
7		a violation of the Cannabis Control Act or the Illinois
8		Controlled Substances Act while that person was in actual
9		physical control of a motor vehicle. For purposes of this
10		Section, any person placed on probation under Section 10 of
11		the Cannabis Control Act or Section 410 of the Illinois
12		Controlled Substances Act shall not be considered
13		convicted. Any person found guilty of this offense, while
14		in actual physical control of a motor vehicle, shall have
15		an entry made in the court record by the judge that this
16		offense did occur while the person was in actual physical
17		control of a motor vehicle and order the clerk of the court
18		to report the violation to the Secretary of State as such.
19		The Secretary of State shall not issue a new license or
20		permit for a period of one year;
21		13. To any person who is under the age of 18 years and
22		who has committed the offense of operating a motor vehicle
23		without a valid license or permit in violation of Section
24		6-101;
25		14. To any person who is 90 days or more delinquent in
26		court ordered child support payments or has been
27		adjudicated in arrears in an amount equal to 90 days'
28		obligation or more and who has been found in contempt of
29		court for failure to pay the support, subject to the
30		requirements and procedures of Article VII of Chapter 7 of
31		the Illinois Vehicle Code; or
32		15. To any person released from a term of imprisonment
33		for violating Section 9-3 of the Criminal Code of 1961
34		relating to reckless homicide within 24 months of release
35		from a term of imprisonment; or
36		16. To any person for whom the Secretary of State

1		cannot verify the accuracy of any information or
2		documentation submitted in application for a driver's
3		license.
4		The Secretary of State shall retain all conviction
5		information, if the information is required to be held
6		confidential under the Juvenile Court Act of 1987.
7		(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
8		(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
9		Sec. 6-106. Application for license or instruction permit.
10		(a) Every application for any permit or license authorized
11		to be issued under this Act shall be made upon a form furnished
12		by the Secretary of State. Every application shall be
13		accompanied by the proper fee and payment of such fee shall
14		entitle the applicant to not more than 3 attempts to pass the
15		examination within a period of 1 year after the date of
16		application.
17		(b) Every application shall state the legal name, social
18		security number, zip code, date of birth, sex, and residence
19		address of the applicant; briefly describe the applicant; state
20		whether the applicant has theretofore been licensed as a
21		driver, and, if so, when and by what state or country, and
22		whether any such license has ever been cancelled, suspended,
23		revoked or refused, and, if so, the date and reason for such
24		cancellation, suspension, revocation or refusal; shall include
25		an affirmation by the applicant that all information set forth
26		is true and correct; and shall bear the applicant's signature.
27		The application form may also require the statement of such
28		additional relevant information as the Secretary of State shall
29		deem necessary to determine the applicant's competency and
30		eligibility. The Secretary of State may in his discretion
31		substitute a federal tax number in lieu of a social security
32		number, or he may instead assign an additional distinctive
33		number in lieu thereof, where an applicant is prohibited by
34		bona fide religious convictions from applying or is exempt from
35		applying for a social security number. The Secretary of State

1		shall, however, determine which religious orders or sects have
2		such bona fide religious convictions. The Secretary of State
3		may, in his discretion, by rule or regulation, provide that an
4		application for a drivers license or permit may include a
5		suitable photograph of the applicant in the form prescribed by
6		the Secretary, and he may further provide that each drivers
7		license shall include a photograph of the driver. The Secretary
8		of State may utilize a photograph process or system most
9		suitable to deter alteration or improper reproduction of a
10		drivers license and to prevent substitution of another photo
11		thereon.
12		(c) The application form shall include a notice to the
13		applicant of the registration obligations of sex offenders
14		under the Sex Offender Registration Act. The notice shall be
15		provided in a form and manner prescribed by the Secretary of
16		State. For purposes of this subsection (c), "sex offender" has
17		the meaning ascribed to it in Section 2 of the Sex Offender
18		Registration Act.
19		(d) Any male United States citizen or immigrant who applies
20		for any permit or license authorized to be issued under this
21		Act or for a renewal of any permit or license, and who is at
22		least 18 years of age but less than 26 years of age, must be
23		registered in compliance with the requirements of the federal
24		Military Selective Service Act. The Secretary of State must
25		forward in an electronic format the necessary personal
26		information regarding the applicants identified in this
27		subsection (d) to the Selective Service System. The applicant's
28		signature on the application serves as an indication that the
29		applicant either has already registered with the Selective
30		Service System or that he is authorizing the Secretary to
31		forward to the Selective Service System the necessary
32		information for registration. The Secretary must notify the
33		applicant at the time of application that his signature
34		constitutes consent to registration with the Selective Service
35		System, if he is not already registered.
36		(Source: P.A. 92-117, eff. 1-1-02.)

1		(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
2		Sec. 6-106.1. School bus driver permit.
3		(a) The Secretary of State shall issue a school bus driver
4		permit to those applicants who have met all the requirements of
5		the application and screening process under this Section to
6		insure the welfare and safety of children who are transported
7		on school buses throughout the State of Illinois. Applicants
8		shall obtain the proper application required by the Secretary
9		of State from their prospective or current employer and submit
10		the completed application to the prospective or current
11		employer along with the necessary fingerprint submission as
12		required by the Department of State Police to conduct
13		fingerprint based criminal background checks on current and
14		future information available in the state system and current
15		information available through the Federal Bureau of
16		Investigation's system. Applicants who have completed the
17		fingerprinting requirements shall not be subjected to the
18		fingerprinting process when applying for subsequent permits or
19		submitting proof of successful completion of the annual
20		refresher course. Individuals who on the effective date of this
21		Act possess a valid school bus driver permit that has been
22		previously issued by the appropriate Regional School
23		Superintendent are not subject to the fingerprinting
24		provisions of this Section as long as the permit remains valid
25		and does not lapse. The applicant shall be required to pay all
26		related application and fingerprinting fees as established by
27		rule including, but not limited to, the amounts established by
28		the Department of State Police and the Federal Bureau of
29		Investigation to process fingerprint based criminal background
30		investigations. All fees paid for fingerprint processing
31		services under this Section shall be deposited into the State
32		Police Services Fund for the cost incurred in processing the
33		fingerprint based criminal background investigations. All
34		other fees paid under this Section shall be deposited into the
35		Road Fund for the purpose of defraying the costs of the

1		Secretary of State in administering this Section. All
2		applicants must:
3		1. be 21 years of age or older;
4		2. possess a valid and properly classified driver's
5		license issued by the Secretary of State;
6		3. possess a valid driver's license, which has not been
7		revoked, suspended, or canceled for 3 years immediately
8		prior to the date of application, or have not had his or
9		her commercial motor vehicle driving privileges
10		disqualified within the 3 years immediately prior to the
11		date of application;
12		4. successfully pass a written test, administered by
13		the Secretary of State, on school bus operation, school bus
14		safety, and special traffic laws relating to school buses
15		and submit to a review of the applicant's driving habits by
16		the Secretary of State at the time the written test is
17		given;
18		5. demonstrate ability to exercise reasonable care in
19		the operation of school buses in accordance with rules
20		promulgated by the Secretary of State;
21		6. demonstrate physical fitness to operate school
22		buses by submitting the results of a medical examination,
23		including tests for drug use for each applicant not subject
24		to such testing pursuant to federal law, conducted by a
25		licensed physician, an advanced practice nurse who has a
26		written collaborative agreement with a collaborating
27		physician which authorizes him or her to perform medical
28		examinations, or a physician assistant who has been
29		delegated the performance of medical examinations by his or
30		her supervising physician within 90 days of the date of
31		application according to standards promulgated by the
32		Secretary of State;
33		7. affirm under penalties of perjury that he or she has
34		not made a false statement or knowingly concealed a
35		material fact in any application for permit;
36		8. have completed an initial classroom course,

1		including first aid procedures, in school bus driver safety
2		as promulgated by the Secretary of State; and after
3		satisfactory completion of said initial course an annual
4		refresher course; such courses and the agency or
5		organization conducting such courses shall be approved by
6		the Secretary of State; failure to complete the annual
7		refresher course, shall result in cancellation of the
8		permit until such course is completed;
9		9. not have been convicted of 2 or more serious traffic
10		offenses, as defined by rule, within one year prior to the
11		date of application that may endanger the life or safety of
12		any of the driver's passengers within the duration of the
13		permit period;
14		10. not have been convicted of reckless driving,
15		driving while intoxicated, or reckless homicide resulting
16		from the operation of a motor vehicle within 3 years of the
17		date of application;
18		11. not have been convicted of committing or attempting
19		to commit any one or more of the following offenses: (i)
20		those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1,
21		9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6,
22		10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16,
23		11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
24		11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
25		12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
26		12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
27		12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
28		20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
29		33A-2, and in subsection (a) and subsection (b), clause
30		(1), of Section 12-4 of the Criminal Code of 1961; (ii)
31		those offenses defined in the Cannabis Control Act except
32		those offenses defined in subsections (a) and (b) of
33		Section 4, and subsection (a) of Section 5 of the Cannabis
34		Control Act; (iii) those offenses defined in the Illinois
35		Controlled Substances Act; (iv) any offense committed or
36		attempted in any other state or against the laws of the

1		United States, which if committed or attempted in this
2		State would be punishable as one or more of the foregoing
3		offenses; (v) the offenses defined in Section 4.1 and 5.1
4		of the Wrongs to Children Act and (vi) those offenses
5		defined in Section 6-16 of the Liquor Control Act of 1934;
6		12. not have been repeatedly involved as a driver in
7		motor vehicle collisions or been repeatedly convicted of
8		offenses against laws and ordinances regulating the
9		movement of traffic, to a degree which indicates lack of
10		ability to exercise ordinary and reasonable care in the
11		safe operation of a motor vehicle or disrespect for the
12		traffic laws and the safety of other persons upon the
13		highway;
14		13. not have, through the unlawful operation of a motor
15		vehicle, caused an accident resulting in the death of any
16		person; and
17		14. not have, within the last 5 years, been adjudged to
18		be afflicted with or suffering from any mental disability
19		or disease.
20		(b) A school bus driver permit shall be valid for a period
21		specified by the Secretary of State as set forth by rule. It
22		shall be renewable upon compliance with subsection (a) of this
23		Section.
24		(c) A school bus driver permit shall contain the holder's
25		driver's license number, legal name, residence address, zip
26		code, social security number and date of birth, a brief
27		description of the holder and a space for signature. The
28		Secretary of State may require a suitable photograph of the
29		holder.
30		(d) The employer shall be responsible for conducting a
31		pre-employment interview with prospective school bus driver
32		candidates, distributing school bus driver applications and
33		medical forms to be completed by the applicant, and submitting
34		the applicant's fingerprint cards to the Department of State
35		Police that are required for the criminal background
36		investigations. The employer shall certify in writing to the

1		Secretary of State that all pre-employment conditions have been
2		successfully completed including the successful completion of
3		an Illinois specific criminal background investigation through
4		the Department of State Police and the submission of necessary
5		fingerprints to the Federal Bureau of Investigation for
6		criminal history information available through the Federal
7		Bureau of Investigation system. The applicant shall present the
8		certification to the Secretary of State at the time of
9		submitting the school bus driver permit application.
10		(e) Permits shall initially be provisional upon receiving
11		certification from the employer that all pre-employment
12		conditions have been successfully completed, and upon
13		successful completion of all training and examination
14		requirements for the classification of the vehicle to be
15		operated, the Secretary of State shall provisionally issue a
16		School Bus Driver Permit. The permit shall remain in a
17		provisional status pending the completion of the Federal Bureau
18		of Investigation's criminal background investigation based
19		upon fingerprinting specimens submitted to the Federal Bureau
20		of Investigation by the Department of State Police. The Federal
21		Bureau of Investigation shall report the findings directly to
22		the Secretary of State. The Secretary of State shall remove the
23		bus driver permit from provisional status upon the applicant's
24		successful completion of the Federal Bureau of Investigation's
25		criminal background investigation.
26		(f) A school bus driver permit holder shall notify the
27		employer and the Secretary of State if he or she is convicted
28		in another state of an offense that would make him or her
29		ineligible for a permit under subsection (a) of this Section.
30		The written notification shall be made within 5 days of the
31		entry of the conviction. Failure of the permit holder to
32		provide the notification is punishable as a petty offense for a
33		first violation and a Class B misdemeanor for a second or
34		subsequent violation.
35		(g) Cancellation; suspension; notice and procedure.
36		(1) The Secretary of State shall cancel a school bus

1		driver permit of an applicant whose criminal background
2		investigation discloses that he or she is not in compliance
3		with the provisions of subsection (a) of this Section.
4		(2) The Secretary of State shall cancel a school bus
5		driver permit when he or she receives notice that the
6		permit holder fails to comply with any provision of this
7		Section or any rule promulgated for the administration of
8		this Section.
9		(3) The Secretary of State shall cancel a school bus
10		driver permit if the permit holder's restricted commercial
11		or commercial driving privileges are withdrawn or
12		otherwise invalidated.
13		(4) The Secretary of State may not issue a school bus
14		driver permit for a period of 3 years to an applicant who
15		fails to obtain a negative result on a drug test as
16		required in item 6 of subsection (a) of this Section or
17		under federal law.
18		(5) The Secretary of State shall forthwith suspend a
19		school bus driver permit for a period of 3 years upon
20		receiving notice that the holder has failed to obtain a
21		negative result on a drug test as required in item 6 of
22		subsection (a) of this Section or under federal law.
23		The Secretary of State shall notify the State
24		Superintendent of Education and the permit holder's
25		prospective or current employer that the applicant has (1) has
26		failed a criminal background investigation or (2) is no longer
27		eligible for a school bus driver permit; and of the related
28		cancellation of the applicant's provisional school bus driver
29		permit. The cancellation shall remain in effect pending the
30		outcome of a hearing pursuant to Section 2-118 of this Code.
31		The scope of the hearing shall be limited to the issuance
32		criteria contained in subsection (a) of this Section. A
33		petition requesting a hearing shall be submitted to the
34		Secretary of State and shall contain the reason the individual
35		feels he or she is entitled to a school bus driver permit. The
36		permit holder's employer shall notify in writing to the

1		Secretary of State that the employer has certified the removal
2		of the offending school bus driver from service prior to the
3		start of that school bus driver's next workshift. An employing
4		school board that fails to remove the offending school bus
5		driver from service is subject to the penalties defined in
6		Section 3-14.23 of the School Code. A school bus contractor who
7		violates a provision of this Section is subject to the
8		penalties defined in Section 6-106.11.
9		All valid school bus driver permits issued under this
10		Section prior to January 1, 1995, shall remain effective until
11		their expiration date unless otherwise invalidated.
12		(Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)
13		(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
14		Sec. 6-110. Licenses issued to drivers.
15		(a) The Secretary of State shall issue to every qualifying
16		applicant a driver's license as applied for, which license
17		shall bear a distinguishing number assigned to the licensee,
18		the legal name, social security number, zip code, date of
19		birth, residence address, and a brief description of the
20		licensee, and a space where the licensee may write his usual
21		signature.
22		If the licensee is less than 17 years of age, the license
23		shall, as a matter of law, be invalid for the operation of any
24		motor vehicle during any time the licensee is prohibited from
25		being on any street or highway under the provisions of the
26		Child Curfew Act.
27		Licenses issued shall also indicate the classification and
28		the restrictions under Section 6-104 of this Code.
29		In lieu of the social security number, the Secretary may in
30		his discretion substitute a federal tax number or other
31		distinctive number.
32		A driver's license issued may, in the discretion of the
33		Secretary, include a suitable photograph of a type prescribed
34		by the Secretary.
35		(b) The Secretary of State shall provide a format on the

1		reverse of each driver's license issued which the licensee may
2		use to execute a document of gift conforming to the provisions
3		of the Uniform Anatomical Gift Act. The format shall allow the
4		licensee to indicate the gift intended, whether specific
5		organs, any organ, or the entire body, and shall accommodate
6		the signatures of the donor and 2 witnesses. The Secretary
7		shall also inform each applicant or licensee of this format,
8		describe the procedure for its execution, and may offer the
9		necessary witnesses; provided that in so doing, the Secretary
10		shall advise the applicant or licensee that he or she is under
11		no compulsion to execute a document of gift. A brochure
12		explaining this method of executing an anatomical gift document
13		shall be given to each applicant or licensee. The brochure
14		shall advise the applicant or licensee that he or she is under
15		no compulsion to execute a document of gift, and that he or she
16		may wish to consult with family, friends or clergy before doing
17		so. The Secretary of State may undertake additional efforts,
18		including education and awareness activities, to promote organ
19		and tissue donation.
20		(c) The Secretary of State shall designate on each driver's
21		license issued a space where the licensee may place a sticker
22		or decal of the uniform size as the Secretary may specify,
23		which sticker or decal may indicate in appropriate language
24		that the owner of the license carries an Emergency Medical
25		Information Card.
26		The sticker may be provided by any person, hospital,
27		school, medical group, or association interested in assisting
28		in implementing the Emergency Medical Information Card, but
29		shall meet the specifications as the Secretary may by rule or
30		regulation require.
31		(d) The Secretary of State shall designate on each driver's
32		license issued a space where the licensee may indicate his
33		blood type and RH factor.
34		(e) The Secretary of State shall provide that each original
35		or renewal driver's license issued to a licensee under 21 years
36		of age shall be of a distinct nature from those driver's

1		licenses issued to individuals 21 years of age and older. The
2		color designated for driver's licenses for licensees under 21
3		years of age shall be at the discretion of the Secretary of
4		State.
5		(e-1) The Secretary shall provide that each driver's
6		license issued to a person under the age of 21 displays the
7		date upon which the person becomes 18 years of age and the date
8		upon which the person becomes 21 years of age.
9		(f) The Secretary of State shall inform all Illinois
10		licensed commercial motor vehicle operators of the
11		requirements of the Uniform Commercial Driver License Act,
12		Article V of this Chapter, and shall make provisions to insure
13		that all drivers, seeking to obtain a commercial driver's
14		license, be afforded an opportunity prior to April 1, 1992, to
15		obtain the license. The Secretary is authorized to extend
16		driver's license expiration dates, and assign specific times,
17		dates and locations where these commercial driver's tests shall
18		be conducted. Any applicant, regardless of the current
19		expiration date of the applicant's driver's license, may be
20		subject to any assignment by the Secretary. Failure to comply
21		with the Secretary's assignment may result in the applicant's
22		forfeiture of an opportunity to receive a commercial driver's
23		license prior to April 1, 1992.
24		(g) The Secretary of State shall designate on a driver's
25		license issued, a space where the licensee may indicate that he
26		or she has drafted a living will in accordance with the
27		Illinois Living Will Act or a durable power of attorney for
28		health care in accordance with the Illinois Power of Attorney
29		Act.
30		(g-1) The Secretary of State, in his or her discretion, may
31		designate on each driver's license issued a space where the
32		licensee may place a sticker or decal, issued by the Secretary
33		of State, of uniform size as the Secretary may specify, that
34		shall indicate in appropriate language that the owner of the
35		license has renewed his or her driver's license.
36		(h) A person who acts in good faith in accordance with the

1		terms of this Section is not liable for damages in any civil
2		action or subject to prosecution in any criminal proceeding for
3		his or her act.
4		(Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)
5		(625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
6		Sec. 6-114. Duplicate and Corrected Licenses and Permits.
7		In the event that a drivers license or permit issued under
8		the provisions of this Act is lost or destroyed, the person to
9		whom the same was issued may upon application and payment of
10		the required fee obtain a duplicate or substitute thereof, upon
11		furnishing evidence satisfactory to the Secretary of State that
12		such permit or license has been lost or destroyed and if such
13		applicant is not then ineligible under Section 6-103 of this
14		Act. Any person to whom has been issued a drivers license or
15		permit under the provisions of this Act and who desires to
16		obtain a corrected permit or license to indicate a correction
17		change of legal name or residence address or to correct a
18		statement appearing upon the original permit or license may
19		upon application and payment of the required fee obtain a
20		corrected permit or license. The original permit or license
21		must accompany the application for correction or evidence must
22		be furnished satisfactory to the Secretary of State that such
23		permit or license has been lost or destroyed.
24		(Source: P.A. 76-1586.)
25		(625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
26		Sec. 6-116. Notice of Change of Residence Address or Legal
27		Name.
28		(a) Whenever any person after applying for or receiving a
29		drivers license or permit moves from the residence address
30		named in such application or on the license or permit issued to
31		him or when the name of a licensee or permittee is changed by
32		marriage or otherwise such person shall within 10 days
33		thereafter notify the Drivers Services Department of the
34		Secretary of State's Office in writing of his old and new

1		residence addresses or of such former and new names and of the
2		number of any license or permit then held by him. Such person
3		may obtain a corrected license or permit as provided in Section
4		6-114.
5		(b) Any person whose legal name has changed from the name
6		on the license or permit that he or she has been previously
7		issued must apply for a corrected card within 30 days after the
8		change.
9		(Source: P.A. 79-1141.)
10		(625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
11		Sec. 6-301.1. Fictitious or unlawfully altered driver's
12		license or permit.
13		(a) As used in this Section:
14		1. "A fictitious driver's license or permit" means any
15		issued license or permit for which a computerized number
16		and file have been created by the Secretary of State or
17		other official driver's license agency in another
18		jurisdiction which contains false information concerning
19		the identity of the individual issued the license or
20		permit;
21		2. "False information" means any information
22		concerning the legal name, sex, date of birth, social
23		security number or any photograph that falsifies all or in
24		part the actual identity of the individual issued the
25		license or permit;
26		3. "An unlawfully altered driver's license or permit"
27		means any issued license or permit for which a computerized
28		number and file have been created by the Secretary of State
29		or other official driver's license agency in another
30		jurisdiction which has been physically altered or changed
31		in such a manner that false information appears upon the
32		license or permit;
33		4. "A document capable of defrauding another"
34		includes, but is not limited to, any document by which any
35		right, obligation or power with reference to any person or

1		property may be created, transferred, altered or
2		terminated;
3		5. "An identification document" means any document
4		made or issued by or under the authority of the United
5		States Government, the State of Illinois or any other state
6		or political subdivision thereof, or any other
7		governmental or quasi-governmental organization which,
8		when completed with information concerning the individual,
9		is of a type intended or commonly accepted for the purpose
10		of identification of an individual;
11		6. "Common carrier" means any public or private
12		provider of transportation, whether by land, air, or water.
13		(b) It is a violation of this Section for any person:
14		1. To knowingly possess any fictitious or unlawfully
15		altered driver's license or permit;
16		2. To knowingly possess, display or cause to be
17		displayed any fictitious or unlawfully altered driver's
18		license or permit for the purpose of obtaining any account,
19		credit, credit card or debit card from a bank, financial
20		institution or retail mercantile establishment;
21		3. To knowingly possess any fictitious or unlawfully
22		altered driver's license or permit with the intent to
23		commit a theft, deception or credit or debit card fraud in
24		violation of any law of this State or any law of any other
25		jurisdiction;
26		4. To knowingly possess any fictitious or unlawfully
27		altered driver's license or permit with the intent to
28		commit any other violation of any law of this State or any
29		law of any other jurisdiction for which a sentence to a
30		term of imprisonment in a penitentiary for one year or more
31		is provided;
32		5. To knowingly possess any fictitious or unlawfully
33		altered driver's license or permit while in possession
34		without authority of any document, instrument or device
35		capable of defrauding another;

1		6. To knowingly possess any fictitious or unlawfully
2		altered driver's license or permit with the intent to use
3		the license or permit to acquire any other identification
4		document;
5		7. To knowingly issue or assist in the issuance of any
6		fictitious driver's license or permit;
7		8. To knowingly alter or attempt to alter any driver's
8		license or permit;
9		9. To knowingly manufacture, possess, transfer or
10		provide any identification document whether real or
11		fictitious for the purpose of obtaining a fictitious
12		driver's license or permit;
13		10. To knowingly use any fictitious or unlawfully
14		altered driver's license or permit to purchase or attempt
15		to purchase any ticket for a common carrier or to board or
16		attempt to board any common carrier;
17		11. To knowingly possess any fictitious or unlawfully
18		altered driver's license or permit if the person has at the
19		time a different driver's license issued by the Illinois
20		Secretary of State or other official driver's license
21		agency in another jurisdiction that is suspended or
22		revoked.
23		(c) Sentence.
24		1. Any person convicted of a violation of paragraph 1
25		of subsection (b) of this Section shall be guilty of a
26		Class A misdemeanor and shall be sentenced to minimum fine
27		of $500 or 50 hours of community service, preferably at an
28		alcohol abuse prevention program, if available. A person
29		convicted of a second or subsequent violation shall be
30		guilty of a Class 4 felony.
31		2. Any person convicted of a violation of paragraph 3
32		of subsection (b) of this Section who at the time of arrest
33		had in his possession two or more fictitious or unlawfully
34		altered driver's licenses or permits shall be guilty of a
35		Class 4 felony.

1		3. Any person convicted of a violation of any of
2		paragraphs 2 through 11 of subsection (b) of this Section
3		shall be guilty of a Class 4 felony. A person convicted of
4		a second or subsequent violation shall be guilty of a Class
5		3 felony.
6		(d) This Section does not prohibit any lawfully authorized
7		investigative, protective, law enforcement or other activity
8		of any agency of the United States, State of Illinois or any
9		other state or political subdivision thereof.
10		(Source: P.A. 92-673, eff. 1-1-03.)
11		(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
12		Sec. 6-301.2. Fraudulent driver's license or permit.
13		(a) (Blank).
14		(b) It is a violation of this Section for any person:
15		1. To knowingly possess any fraudulent driver's
16		license or permit;
17		2. To knowingly possess, display or cause to be
18		displayed any fraudulent driver's license or permit for the
19		purpose of obtaining any account, credit, credit card or
20		debit card from a bank, financial institution or retail
21		mercantile establishment;
22		3. To knowingly possess any fraudulent driver's
23		license or permit with the intent to commit a theft,
24		deception or credit or debit card fraud in violation of any
25		law of this State or any law of any other jurisdiction;
26		4. To knowingly possess any fraudulent driver's
27		license or permit with the intent to commit any other
28		violation of any laws of this State or any law of any other
29		jurisdiction for which a sentence to a term of imprisonment
30		in a penitentiary for one year or more is provided;
31		5. To knowingly possess any fraudulent driver's
32		license or permit while in unauthorized possession of any
33		document, instrument or device capable of defrauding
34		another;
35		6. To knowingly possess any fraudulent driver's

1		license or permit with the intent to use the license or
2		permit to acquire any other identification document;
3		7. To knowingly possess without authority any driver's
4		license-making or permit-making implement;
5		8. To knowingly possess any stolen driver's
6		license-making or permit-making implement or to possess,
7		use, or allow to be used any materials, hardware, or
8		software specifically designed for or primarily used in the
9		manufacture, assembly, issuance, or authentication of an
10		official driver's license or permit issued by the Secretary
11		of State;
12		9. To knowingly duplicate, manufacture, sell or
13		transfer any fraudulent driver's license or permit;
14		10. To advertise or distribute any information or
15		materials that promote the selling, giving, or furnishing
16		of a fraudulent driver's license or permit;
17		11. To knowingly use any fraudulent driver's license or
18		permit to purchase or attempt to purchase any ticket for a
19		common carrier or to board or attempt to board any common
20		carrier. As used in this Section, "common carrier" means
21		any public or private provider of transportation, whether
22		by land, air, or water;
23		12. To knowingly possess any fraudulent driver's
24		license or permit if the person has at the time a different
25		driver's license issued by the Secretary of State or
26		another official driver's license agency in another
27		jurisdiction that is suspended or revoked.
28		(c) Sentence.
29		1. Any person convicted of a violation of paragraph 1
30		of subsection (b) of this Section shall be guilty of a
31		Class 4 felony and shall be sentenced to a minimum fine of
32		$500 or 50 hours of community service, preferably at an
33		alcohol abuse prevention program, if available.
34		2. Any person convicted of a violation of any of
35		paragraphs 2 through 9 or paragraph 11 or 12 of subsection
36		(b) of this Section shall be guilty of a Class 4 felony. A

1		person convicted of a second or subsequent violation shall
2		be guilty of a Class 3 felony.
3		3. Any person convicted of a violation of paragraph 10
4		of subsection (b) of this Section shall be guilty of a
5		Class B misdemeanor.
6		(d) This Section does not prohibit any lawfully authorized
7		investigative, protective, law enforcement or other activity
8		of any agency of the United States, State of Illinois or any
9		other state or political subdivision thereof.
10		(e) The Secretary may request the Attorney General to seek
11		a restraining order in the circuit court against any person who
12		violates this Section by advertising fraudulent driver's
13		licenses or permits.
14		(Source: P.A. 92-673, eff. 1-1-03.)
15		(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
16		Sec. 6-510. Application for Commercial Driver's License
17		(CDL).
18		(a) The application for a CDL or commercial driver
19		instruction permit, must include, but not necessarily be
20		limited to, the following:
21		(1) the full legal name and current Illinois
22		domiciliary address (unless the application is for a
23		Non-resident CDL) of the applicant;
24		(2) a physical description of the applicant including
25		sex, height, weight, color of eyes and hair color;
26		(3) date of birth;
27		(4) the applicant's social security number or other
28		identifying number acceptable to the Secretary of State;
29		(5) the applicant's signature;
30		(6) certifications required by 49 C.F.R. Part 383.71;
31		and
32		(7) any other information required by the Secretary of
33		State.
34		(Source: P.A. 86-845.)

1		(625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
2		Sec. 6-511. Change of legal name or domiciliary address.
3		(a) All persons to whom a CDL has been issued, shall must
4		notify the Driver Services Department of the Secretary of
5		State's Office within 10 days of any name change or change in
6		domiciliary address. In addition, such person shall make
7		application for a corrected CDL within 30 days of any such
8		change.
9		(b) Any person to whom a CDL has been issued whose legal
10		name has changed from the name on the previously-issued CDL
11		shall apply for a corrected card within 30 days after the
12		change.
13		(Source: P.A. 86-845.)
14		(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
15		Sec. 6-513. Commercial Driver's License or CDL. The content
16		of the CDL shall include, but not necessarily be limited to the
17		following:
18		(a) A CDL shall be distinctly marked "Commercial Driver's
19		License" or "CDL". It must include, but not necessarily be
20		limited to, the following information:
21		(1) the legal name and the Illinois domiciliary address
22		(unless it is a Non-resident CDL) of the person to whom the
23		CDL is issued;
24		(2) the person's color photograph;
25		(3) a physical description of the person including sex,
26		height, and may include weight, color of eyes and hair
27		color;
28		(4) date of birth;
29		(5) a CDL or file number assigned by the Secretary of
30		State;
31		(6) it also may include the applicant's Social Security
32		Number pursuant to Section 6-106;
33		(7) the person's signature;
34		(8) the class or type of commercial vehicle or vehicles
35		which the person is authorized to drive together with any

1		endorsements or restrictions;
2		(9) the name of the issuing state; and
3		(10) the issuance and expiration dates of the CDL.
4		(b) Applicant Record Check.
5		Prior to the issuance of a CDL, the Secretary of State
6		shall obtain and review the applicant's driving record as
7		required by the CMVSA and the United States Secretary of
8		Transportation.
9		(c) Notification of Commercial Driver's License (CDL)
10		Issuance.
11		Within 10 days after issuing a CDL, the Secretary of State
12		must notify the Commercial Driver License Information System of
13		that fact, and provide all information required to ensure
14		identification of the person.
15		(d) Renewal.
16		Every person applying for a renewal of a CDL must complete
17		the appropriate application form required by this Code and any
18		other test deemed necessary by the Secretary.
19		(Source: P.A. 86-845; 87-829; 87-832.)

Section 99. Effective date. This Act takes effect on January 1, 2005.