103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2397

 

Introduced 2/10/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024.


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A BILL FOR

 

SB2397LRB103 30750 MXP 57230 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consular Identification Document Act is
5amended by changing Section 10 as follows:
 
6    (5 ILCS 230/10)
7    Sec. 10. Acceptance of consular identification document.
8    (a) When requiring members of the public to provide
9identification, each State agency and officer and unit of
10local government shall accept a consular identification
11document as valid identification of a person.
12    (b) A consular identification document shall be accepted
13for purposes of identification only and does not convey an
14independent right to receive benefits of any type.
15    (c) A consular identification document may not be accepted
16as identification for obtaining a REAL ID compliant driver's
17license, as defined by Section 6-100 of the Vehicle Code,
18other than a temporary visitor's driver's license, or
19registering to vote.
20    (d) A consular identification document does not establish
21or indicate lawful U.S. immigration status and may not be
22viewed as valid for that purpose, nor does a consular
23identification document establish a foreign national's right

 

 

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1to be in the United States or remain in the United States.
2    (e) The requirements of subsection (a) do not apply if:
3        (1) a federal law, regulation, or directive or a
4    federal court decision requires a State agency or officer
5    or a unit of local government to obtain different
6    identification;
7        (2) a federal law, regulation, or directive preempts
8    state regulation of identification requirements; or
9        (3) a State agency or officer or a unit of local
10    government would be unable to comply with a condition
11    imposed by a funding source which would cause the State
12    agency or officer or unit of local government to lose
13    funds from that source.
14    (f) Nothing in subsection (a) shall be construed to
15prohibit a State agency or officer or a unit of local
16government from:
17        (1) requiring additional information from persons in
18    order to verify a current address or other facts that
19    would enable the State agency or officer or unit of local
20    government to fulfill its responsibilities, except that
21    this paragraph (1) does not permit a State agency or
22    officer or a unit of local government to require
23    additional information solely in order to establish
24    identification of the person when the consular
25    identification document is the form of identification
26    presented;

 

 

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1        (2) requiring fingerprints for identification purposes
2    under circumstances where the State agency or officer or
3    unit of local government also requires fingerprints from
4    persons who have a driver's license or Illinois
5    Identification Card; or
6        (3) requiring additional evidence of identification if
7    the State agency or officer or unit of local government
8    reasonably believes that: (A) the consular identification
9    document is forged, fraudulent, or altered; or (B) the
10    holder does not appear to be the same person on the
11    consular identification document.
12(Source: P.A. 97-1157, eff. 11-28-13.)
 
13    Section 10. The Election Code is amended by changing
14Section 1A-16.1 as follows:
 
15    (10 ILCS 5/1A-16.1)
16    Sec. 1A-16.1. Automatic voter registration; Secretary of
17State.
18    (a) The Office of the Secretary of State and the State
19Board of Elections, pursuant to an interagency contract and
20jointly-adopted rules, shall establish an automatic voter
21registration program that satisfies the requirements of this
22Section and other applicable law.
23    (b) If an application, an application for renewal, a
24change of address form, or a recertification form for a

 

 

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1driver's license, other than a temporary visitor's driver's
2license, or a State identification card issued by the Office
3of the Secretary of State meets the requirements of the
4federal REAL ID Act of 2005, then that application shall serve
5as a dual-purpose application. The dual-purpose application
6shall:
7        (1) also serve as an application to register to vote
8    in Illinois;
9        (2) allow an applicant to change his or her registered
10    residence address or name as it appears on the voter
11    registration rolls;
12        (3) provide the applicant with an opportunity to
13    affirmatively decline to register to vote or to change his
14    or her registered residence address or name by providing a
15    check box on the application form without requiring the
16    applicant to state the reason; and
17        (4) unless the applicant declines to register to vote
18    or change his or her registered residence address or name,
19    require the applicant to attest, by signature under
20    penalty of perjury as described in subsection (e) of this
21    Section, to meeting the qualifications to register to vote
22    in Illinois at his or her residence address as indicated
23    on his or her driver's license or identification card
24    dual-purpose application.
25    (b-5) If an application, an application for renewal, a
26change of address form, or a recertification form for a

 

 

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1driver's license, other than a temporary visitor's driver's
2license, or a State identification card issued by the Office
3of the Secretary of State, other than an application or form
4that pertains to a standard driver's license or identification
5card and does not list a social security number for the
6applicant, does not meet the requirements of the federal REAL
7ID Act of 2005, then that application shall serve as a
8dual-purpose application. The dual-purpose application shall:
9        (1) also serve as an application to register to vote
10    in Illinois;
11        (2) allow an applicant to change his or her registered
12    residence address or name as it appears on the voter
13    registration rolls; and
14        (3) if the applicant chooses to register to vote or to
15    change his or her registered residence address or name,
16    then require the applicant to attest, by a separate
17    signature under penalty of perjury, to meeting the
18    qualifications to register to vote in Illinois at his or
19    her residence address as indicated on his or her
20    dual-purpose application.
21    (b-10) The Office of the Secretary of State shall clearly
22and conspicuously inform each applicant in writing: (i) of the
23qualifications to register to vote in Illinois, (ii) of the
24penalties provided by law for submission of a false voter
25registration application, (iii) that, unless the applicant
26declines to register to vote or update his or her voter

 

 

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1registration, his or her dual-purpose application shall also
2serve as both an application to register to vote and his or her
3attestation that he or she meets the eligibility requirements
4for voter registration, and that his or her application to
5register to vote or update his or her registration will be
6transmitted to the State Board of Elections for the purpose of
7registering the person to vote at the residence address to be
8indicated on his or her driver's license or identification
9card, and (iv) that declining to register to vote is
10confidential and will not affect any services the person may
11be seeking from the Office of the Secretary of State.
12    (c) The Office of the Secretary of State shall review
13information provided to the Office of the Secretary of State
14by the State Board of Elections to inform each applicant for a
15driver's license or permit, other than a temporary visitor's
16driver's license, or a State identification card issued by the
17Office of the Secretary of State, other than an application or
18form that pertains to a standard driver's license or
19identification card and does not list a social security number
20for the applicant, whether the applicant is currently
21registered to vote in Illinois and, if registered, at what
22address.
23    (d) The Office of the Secretary of State shall not require
24an applicant for a driver's license or State identification
25card to provide duplicate identification or information in
26order to complete an application to register to vote or change

 

 

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1his or her registered residence address or name. Before
2transmitting any personal information about an applicant to
3the State Board of Elections, the Office of the Secretary of
4State shall review its records of the identification documents
5the applicant provided in order to complete the application
6for a driver's license or State identification card, to
7confirm that nothing in those documents indicates that the
8applicant does not satisfy the qualifications to register to
9vote in Illinois at his or her residence address.
10    (e) A completed, signed application for (i) a driver's
11license or permit, other than a temporary visitor's driver's
12license, or a State identification card issued by the Office
13of the Secretary of State, that meets the requirements of the
14federal REAL ID Act of 2005; or (ii) a completed application
15under subsection (b-5) of this Section with a separate
16signature attesting the applicant meets the qualifications to
17register to vote in Illinois at his or her residence address as
18indicated on his or her application shall constitute a signed
19application to register to vote in Illinois at the residence
20address indicated in the application unless the person
21affirmatively declined in the application to register to vote
22or to change his or her registered residence address or name.
23If the identification documents provided to complete the
24dual-purpose application indicate that he or she does not
25satisfy the qualifications to register to vote in Illinois at
26his or her residence address, the application shall be marked

 

 

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1as incomplete.
2    (f) For each completed and signed application that
3constitutes an application to register to vote in Illinois or
4provides for a change in the applicant's registered residence
5address or name, the Office of the Secretary of State shall
6electronically transmit to the State Board of Elections
7personal information needed to complete the person's
8registration to vote in Illinois at his or her residence
9address. The application to register to vote shall be
10processed in accordance with Section 1A-16.7.
11    (g) If the federal REAL ID Act of 2005 is repealed,
12abrogated, superseded, or otherwise no longer in effect, then
13the State Board of Elections shall establish criteria for
14determining reliable personal information indicating
15citizenship status and shall adopt rules as necessary for the
16Secretary of State to continue processing dual-purpose
17applications under this Section.
18    (h) As used in this Section, "dual-purpose application"
19means an application, an application for renewal, a change of
20address form, or a recertification form for driver's license
21or permit, other than a temporary visitor's driver's license,
22or a State identification card offered by the Secretary of
23State, other than an application or form that pertains to a
24standard driver's license or identification card and does not
25list a social security number for the applicant, that also
26serves as an application to register to vote in Illinois.

 

 

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1"Dual-purpose application" does not mean an application under
2subsection (c) of Section 6-109 of the Illinois Vehicle Code.
3(Source: P.A. 100-464, eff. 8-28-17.)
 
4    Section 15. The Illinois Identification Card Act is
5amended by changing Sections 1A, 2, 4, 4D, 5, 8, and 11 as
6follows:
 
7    (15 ILCS 335/1A)
8    Sec. 1A. Definitions. As used in this Act:
9    "Highly restricted personal information" means an
10individual's photograph, signature, social security number,
11and medical or disability information.
12    "Identification card making implement" means any material,
13hardware, or software that is specifically designed for or
14primarily used in the manufacture, assembly, issuance, or
15authentication of an official identification card issued by
16the Secretary of State.
17    "Fraudulent identification card" means any identification
18card that purports to be an official identification card for
19which a computerized number and file have not been created by
20the Secretary of State, the United States Government or any
21state or political subdivision thereof, or any governmental or
22quasi-governmental organization. For the purpose of this Act,
23any identification card that resembles an official
24identification card in either size, color, photograph

 

 

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1location, or design or uses the word "official", "state",
2"Illinois", or the name of any other state or political
3subdivision thereof, or any governmental or quasi-governmental
4organization individually or in any combination thereof to
5describe or modify the term "identification card" or "I.D.
6card" anywhere on the card, or uses a shape in the likeness of
7Illinois or any other state on the photograph side of the card,
8is deemed to be a fraudulent identification card unless the
9words "This is not an official Identification Card", appear
10prominently upon it in black colored lettering in 12-point
11type on the photograph side of the card, and no such card shall
12be smaller in size than 3 inches by 4 inches, and the
13photograph shall be on the left side of the card only.
14    "Legal name" means the full given name and surname of an
15individual as recorded at birth, recorded at marriage, or
16deemed as the correct legal name for use in reporting income by
17the Social Security Administration or the name as otherwise
18established through legal action that appears on the
19associated official document presented to the Secretary of
20State.
21    "Personally identifying information" means information
22that identifies an individual, including his or her
23identification card number, name, address (but not the 5-digit
24zip code), date of birth, height, weight, hair color, eye
25color, email address, and telephone number.
26    "Homeless person" or "homeless individual" has the same

 

 

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1meaning as defined by the federal McKinney-Vento Homeless
2Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
3    "Youth for whom the Department of Children and Family
4Services is legally responsible" or "foster child" means a
5child or youth whose guardianship or custody has been accepted
6by the Department of Children and Family Services pursuant to
7the Juvenile Court Act of 1987, the Children and Family
8Services Act, the Abused and Neglected Child Reporting Act,
9and the Adoption Act. This applies to children for whom the
10Department of Children and Family Services has temporary
11protective custody, custody or guardianship via court order,
12or children whose parents have signed an adoptive surrender or
13voluntary placement agreement with the Department.
14    "REAL ID compliant identification card" means a standard
15Illinois Identification Card or Illinois Person with a
16Disability Identification Card issued in compliance with the
17REAL ID Act and implementing regulations. REAL ID compliant
18identification cards shall bear a security marking approved by
19the United States Department of Homeland Security.
20    "Standard Non-compliant identification card" means a
21standard Illinois Identification Card or Illinois Person with
22a Disability Identification Card issued in a manner which is
23not compliant with the REAL ID Act and implementing
24regulations. Standard Non-compliant identification cards shall
25be marked "Not for Federal Identification" and shall have a
26color or design different from the REAL ID compliant

 

 

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1identification card.
2    "Limited Term REAL ID compliant identification card" means
3a REAL ID compliant identification card that is issued to
4persons who are not permanent residents or citizens of the
5United States, or an individual who has an approved
6application for asylum in the United States or has entered the
7United States in refugee status, and is marked "Limited Term"
8on the face of the card.
9(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
10101-326, eff. 8-9-19.)
 
11    (15 ILCS 335/2)  (from Ch. 124, par. 22)
12    Sec. 2. Administration and powers and duties of the
13Administrator.
14    (a) The Secretary of State is the Administrator of this
15Act, and he is charged with the duty of observing,
16administering and enforcing the provisions of this Act.
17    (b) The Secretary is vested with the powers and duties for
18the proper administration of this Act as follows:
19        1. He shall organize the administration of this Act as
20    he may deem necessary and appoint such subordinate
21    officers, clerks and other employees as may be necessary.
22        2. From time to time, he may make, amend or rescind
23    rules and regulations as may be in the public interest to
24    implement the Act.
25        3. He may prescribe or provide suitable forms as

 

 

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1    necessary, including such forms as are necessary to
2    establish that an applicant for an Illinois Person with a
3    Disability Identification Card is a "person with a
4    disability" as defined in Section 4A of this Act, and
5    establish that an applicant for a State identification
6    card is a "homeless person" as defined in Section 1A of
7    this Act.
8        4. He may prepare under the seal of the Secretary of
9    State certified copies of any records utilized under this
10    Act and any such certified copy shall be admissible in any
11    proceeding in any court in like manner as the original
12    thereof.
13        5. Records compiled under this Act shall be maintained
14    for 6 years, but the Secretary may destroy such records
15    with the prior approval of the State Records Commission.
16        6. He shall examine and determine the genuineness,
17    regularity and legality of every application filed with
18    him under this Act, and he may in all cases investigate the
19    same, require additional information or proof or
20    documentation from any applicant.
21        7. He shall require the payment of all fees prescribed
22    in this Act, and all such fees received by him shall be
23    placed in the Road Fund of the State treasury except as
24    otherwise provided in Section 12 of this Act. Whenever any
25    application to the Secretary for an identification card
26    under this Act is accompanied by any fee, as required by

 

 

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1    law, and the application is denied after a review of
2    eligibility, which may include facial recognition
3    comparison, the applicant shall not be entitled to a
4    refund of any fees paid.
5        8. Beginning July 1, 2017, he shall refuse to issue a
6    REAL ID compliant identification card under this Act to
7    any person who has been issued a REAL ID compliant
8    driver's license under the Illinois Vehicle Code. Any such
9    person may, at his or her discretion, surrender the REAL
10    ID compliant driver's license in order to become eligible
11    to obtain a REAL ID compliant identification card.
12        9. The Secretary may issue both REAL ID compliant
13    identification cards and standard non-compliant
14    identification cards, and may permit applicants to
15    designate which type of identification card they wish to
16    receive. All provisions of this Act applicable to standard
17    non-compliant identification cards shall also apply to
18    REAL ID compliant identification cards, except where the
19    provisions are inconsistent with the REAL ID Act and
20    implementing regulations. The Secretary shall establish by
21    rule the date on which issuance of REAL ID compliant
22    identification cards will begin.
23(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
2499-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
258-22-17.)
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    Sec. 4. Identification card.
3    (a) The Secretary of State shall issue a standard Illinois
4Identification Card to any natural person who is a resident of
5the State of Illinois who applies for such card, or renewal
6thereof. No identification card shall be issued to any person
7who holds a valid foreign state identification card, license,
8or permit unless the person first surrenders to the Secretary
9of State the valid foreign state identification card, license,
10or permit. The card shall be prepared and supplied by the
11Secretary of State and shall include a photograph and
12signature or mark of the applicant. However, the Secretary of
13State may provide by rule for the issuance of Illinois
14Identification Cards without photographs if the applicant has
15a bona fide religious objection to being photographed or to
16the display of his or her photograph. The Illinois
17Identification Card may be used for identification purposes in
18any lawful situation only by the person to whom it was issued.
19As used in this Act, "photograph" means any color photograph
20or digitally produced and captured image of an applicant for
21an identification card. As used in this Act, "signature" means
22the name of a person as written by that person and captured in
23a manner acceptable to the Secretary of State.
24    (a-5) If an applicant for an identification card has a
25current driver's license or instruction permit issued by the
26Secretary of State, the Secretary may require the applicant to

 

 

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1utilize the same residence address and name on the
2identification card, driver's license, and instruction permit
3records maintained by the Secretary. The Secretary may
4promulgate rules to implement this provision.
5    (a-10) If the applicant is a judicial officer as defined
6in Section 1-10 of the Judicial Privacy Act or a peace officer,
7the applicant may elect to have his or her office or work
8address listed on the card instead of the applicant's
9residence or mailing address. The Secretary may promulgate
10rules to implement this provision. For the purposes of this
11subsection (a-10), "peace officer" means any person who by
12virtue of his or her office or public employment is vested by
13law with a duty to maintain public order or to make arrests for
14a violation of any penal statute of this State, whether that
15duty extends to all violations or is limited to specific
16violations.
17    (a-15) The Secretary of State may provide for an expedited
18process for the issuance of an Illinois Identification Card.
19The Secretary shall charge an additional fee for the expedited
20issuance of an Illinois Identification Card, to be set by
21rule, not to exceed $75. All fees collected by the Secretary
22for expedited Illinois Identification Card service shall be
23deposited into the Secretary of State Special Services Fund.
24The Secretary may adopt rules regarding the eligibility,
25process, and fee for an expedited Illinois Identification
26Card. If the Secretary of State determines that the volume of

 

 

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1expedited identification card requests received on a given day
2exceeds the ability of the Secretary to process those requests
3in an expedited manner, the Secretary may decline to provide
4expedited services, and the additional fee for the expedited
5service shall be refunded to the applicant.
6    (a-20) The Secretary of State shall issue a standard
7Illinois Identification Card to a committed person upon
8release on parole, mandatory supervised release, aftercare
9release, final discharge, or pardon from the Department of
10Corrections or Department of Juvenile Justice, if the released
11person presents a certified copy of his or her birth
12certificate, social security card, if the person has one, or
13other documents authorized by the Secretary, and 2 documents
14proving his or her Illinois residence address. Documents
15proving residence address may include any official document of
16the Department of Corrections or the Department of Juvenile
17Justice showing the released person's address after release
18and a Secretary of State prescribed certificate of residency
19form, which may be executed by Department of Corrections or
20Department of Juvenile Justice personnel.
21    (a-25) The Secretary of State shall issue a limited-term
22Illinois Identification Card valid for 90 days to a committed
23person upon release on parole, mandatory supervised release,
24aftercare release, final discharge, or pardon from the
25Department of Corrections or Department of Juvenile Justice,
26if the released person is unable to present a certified copy of

 

 

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1his or her birth certificate and social security card, if the
2person has one, or other documents authorized by the
3Secretary, but does present a Secretary of State prescribed
4verification form completed by the Department of Corrections
5or Department of Juvenile Justice, verifying the released
6person's date of birth and social security number, if the
7person has one, and 2 documents proving his or her Illinois
8residence address. The verification form must have been
9completed no more than 30 days prior to the date of application
10for the Illinois Identification Card. Documents proving
11residence address shall include any official document of the
12Department of Corrections or the Department of Juvenile
13Justice showing the person's address after release and a
14Secretary of State prescribed certificate of residency, which
15may be executed by Department of Corrections or Department of
16Juvenile Justice personnel.
17    Prior to the expiration of the 90-day period of the
18limited-term Illinois Identification Card, if the released
19person submits to the Secretary of State a certified copy of
20his or her birth certificate and his or her social security
21card, if the person has one, or other documents authorized by
22the Secretary, a standard Illinois Identification Card shall
23be issued. A limited-term Illinois Identification Card may not
24be renewed.
25    (a-30) The Secretary of State shall issue a standard
26Illinois Identification Card to a person upon conditional

 

 

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1release or absolute discharge from the custody of the
2Department of Human Services, if the person presents a
3certified copy of his or her birth certificate, social
4security card, if the person has one, or other documents
5authorized by the Secretary, and a document proving his or her
6Illinois residence address. The Secretary of State shall issue
7a standard Illinois Identification Card to a person prior to
8his or her conditional release or absolute discharge if
9personnel from the Department of Human Services bring the
10person to a Secretary of State location with the required
11documents. Documents proving residence address may include any
12official document of the Department of Human Services showing
13the person's address after release and a Secretary of State
14prescribed verification form, which may be executed by
15personnel of the Department of Human Services.
16    (a-35) The Secretary of State shall issue a limited-term
17Illinois Identification Card valid for 90 days to a person
18upon conditional release or absolute discharge from the
19custody of the Department of Human Services, if the person is
20unable to present a certified copy of his or her birth
21certificate and social security card, if the person has one,
22or other documents authorized by the Secretary, but does
23present a Secretary of State prescribed verification form
24completed by the Department of Human Services, verifying the
25person's date of birth and social security number, if the
26person has one, and a document proving his or her Illinois

 

 

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1residence address. The verification form must have been
2completed no more than 30 days prior to the date of application
3for the Illinois Identification Card. The Secretary of State
4shall issue a limited-term Illinois Identification Card to a
5person no sooner than 14 days prior to his or her conditional
6release or absolute discharge if personnel from the Department
7of Human Services bring the person to a Secretary of State
8location with the required documents. Documents proving
9residence address shall include any official document of the
10Department of Human Services showing the person's address
11after release and a Secretary of State prescribed verification
12form, which may be executed by personnel of the Department of
13Human Services.
14    (b) The Secretary of State shall issue a special Illinois
15Identification Card, which shall be known as an Illinois
16Person with a Disability Identification Card, to any natural
17person who is a resident of the State of Illinois, who is a
18person with a disability as defined in Section 4A of this Act,
19who applies for such card, or renewal thereof. No Illinois
20Person with a Disability Identification Card shall be issued
21to any person who holds a valid foreign state identification
22card, license, or permit unless the person first surrenders to
23the Secretary of State the valid foreign state identification
24card, license, or permit. The Secretary of State shall charge
25no fee to issue such card. The card shall be prepared and
26supplied by the Secretary of State, and shall include a

 

 

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1photograph and signature or mark of the applicant, a
2designation indicating that the card is an Illinois Person
3with a Disability Identification Card, and shall include a
4comprehensible designation of the type and classification of
5the applicant's disability as set out in Section 4A of this
6Act. However, the Secretary of State may provide by rule for
7the issuance of Illinois Person with a Disability
8Identification Cards without photographs if the applicant has
9a bona fide religious objection to being photographed or to
10the display of his or her photograph. If the applicant so
11requests, the card shall include a description of the
12applicant's disability and any information about the
13applicant's disability or medical history which the Secretary
14determines would be helpful to the applicant in securing
15emergency medical care. If a mark is used in lieu of a
16signature, such mark shall be affixed to the card in the
17presence of two witnesses who attest to the authenticity of
18the mark. The Illinois Person with a Disability Identification
19Card may be used for identification purposes in any lawful
20situation by the person to whom it was issued.
21    The Illinois Person with a Disability Identification Card
22may be used as adequate documentation of disability in lieu of
23a physician's determination of disability, a determination of
24disability from a physician assistant, a determination of
25disability from an advanced practice registered nurse, or any
26other documentation of disability whenever any State law

 

 

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1requires that a person with a disability provide such
2documentation of disability, however an Illinois Person with a
3Disability Identification Card shall not qualify the
4cardholder to participate in any program or to receive any
5benefit which is not available to all persons with like
6disabilities. Notwithstanding any other provisions of law, an
7Illinois Person with a Disability Identification Card, or
8evidence that the Secretary of State has issued an Illinois
9Person with a Disability Identification Card, shall not be
10used by any person other than the person named on such card to
11prove that the person named on such card is a person with a
12disability or for any other purpose unless the card is used for
13the benefit of the person named on such card, and the person
14named on such card consents to such use at the time the card is
15so used.
16    An optometrist's determination of a visual disability
17under Section 4A of this Act is acceptable as documentation
18for the purpose of issuing an Illinois Person with a
19Disability Identification Card.
20    When medical information is contained on an Illinois
21Person with a Disability Identification Card, the Office of
22the Secretary of State shall not be liable for any actions
23taken based upon that medical information.
24    (c) The Secretary of State shall provide that each
25original or renewal Illinois Identification Card or Illinois
26Person with a Disability Identification Card issued to a

 

 

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1person under the age of 21 shall be of a distinct nature from
2those Illinois Identification Cards or Illinois Person with a
3Disability Identification Cards issued to individuals 21 years
4of age or older. The color designated for Illinois
5Identification Cards or Illinois Person with a Disability
6Identification Cards for persons under the age of 21 shall be
7at the discretion of the Secretary of State.
8    (c-1) Each original or renewal Illinois Identification
9Card or Illinois Person with a Disability Identification Card
10issued to a person under the age of 21 shall display the date
11upon which the person becomes 18 years of age and the date upon
12which the person becomes 21 years of age.
13    (c-3) The General Assembly recognizes the need to identify
14military veterans living in this State for the purpose of
15ensuring that they receive all of the services and benefits to
16which they are legally entitled, including healthcare,
17education assistance, and job placement. To assist the State
18in identifying these veterans and delivering these vital
19services and benefits, the Secretary of State is authorized to
20issue Illinois Identification Cards and Illinois Person with a
21Disability Identification Cards with the word "veteran"
22appearing on the face of the cards. This authorization is
23predicated on the unique status of veterans. The Secretary may
24not issue any other identification card which identifies an
25occupation, status, affiliation, hobby, or other unique
26characteristics of the identification card holder which is

 

 

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1unrelated to the purpose of the identification card.
2    (c-5) Beginning on or before July 1, 2015, the Secretary
3of State shall designate a space on each original or renewal
4identification card where, at the request of the applicant,
5the word "veteran" shall be placed. The veteran designation
6shall be available to a person identified as a veteran under
7subsection (b) of Section 5 of this Act who was discharged or
8separated under honorable conditions.
9    (d) The Secretary of State may issue a Senior Citizen
10discount card, to any natural person who is a resident of the
11State of Illinois who is 60 years of age or older and who
12applies for such a card or renewal thereof. The Secretary of
13State shall charge no fee to issue such card. The card shall be
14issued in every county and applications shall be made
15available at, but not limited to, nutrition sites, senior
16citizen centers and Area Agencies on Aging. The applicant,
17upon receipt of such card and prior to its use for any purpose,
18shall have affixed thereon in the space provided therefor his
19signature or mark.
20    (e) The Secretary of State, in his or her discretion, may
21designate on each Illinois Identification Card or Illinois
22Person with a Disability Identification Card a space where the
23card holder may place a sticker or decal, issued by the
24Secretary of State, of uniform size as the Secretary may
25specify, that shall indicate in appropriate language that the
26card holder has renewed his or her Illinois Identification

 

 

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1Card or Illinois Person with a Disability Identification Card.
2(Source: P.A. 102-299, eff. 8-6-21.)
 
3    (15 ILCS 335/4D)
4    Sec. 4D. Issuance of confidential identification cards.
5    (a) Requirements for use of confidential identification
6cards. Confidential identification cards may be issued to
7local, state, and federal government agencies for bona fide
8law enforcement purposes. The identification cards may be
9issued in fictitious names and addresses, and may be used only
10in confidential, investigative, or undercover law enforcement
11operations. Confidential identification cards may be issued as
12REAL ID compliant or standard non-compliant identification
13cards.
14    (b) Application procedures for confidential identification
15cards:
16        (1) Applications by local, state, and federal
17    government agencies for confidential identification cards
18    must be made to the Secretary of State Police Department
19    on a form and in a manner prescribed by the Secretary of
20    State Police Department.
21        (2) The application form must include information, as
22    specific as possible without compromising investigations
23    or techniques, setting forth the need for the
24    identification cards and the uses to which the
25    identification cards will be limited.

 

 

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1        (3) The application form must be signed and verified
2    by the local, state, or federal government agency head or
3    designee.
4        (4) Information maintained by the Secretary of State
5    Police Department for confidential identification cards
6    must show the fictitious names and addresses on all
7    records subject to public disclosure. All other
8    information concerning these confidential identification
9    cards are exempt from disclosure unless the disclosure is
10    ordered by a court of competent jurisdiction.
11    (c) Cancellation procedures for confidential
12identification cards:
13        (1) The Secretary of State Police Department may
14    cancel or refuse to renew confidential identification
15    cards when they have reasonable cause to believe the cards
16    are being used for purposes other than those set forth in
17    the application form or authorized by this Section.
18        (2) A government agency must request cancellation of
19    confidential identification cards that are no longer
20    required for the purposes for which they were issued.
21        (3) Upon the request of the Secretary of State Police
22    Department, all cancelled confidential identification
23    cards must be promptly returned to the Secretary of State
24    Police Department by the government agency to which they
25    were issued.
26(Source: P.A. 100-248, eff. 8-22-17.)
 

 

 

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1    (15 ILCS 335/5)  (from Ch. 124, par. 25)
2    Sec. 5. Applications.
3    (a) Any natural person who is a resident of the State of
4Illinois may file an application for an identification card,
5or for the renewal thereof, in a manner prescribed by the
6Secretary. Each original application shall be completed by the
7applicant in full and shall set forth the legal name,
8residence address and zip code, social security number, if the
9person has one, birth date, sex and a brief description of the
10applicant. The applicant shall be photographed, unless the
11Secretary of State has provided by rule for the issuance of
12identification cards without photographs and the applicant is
13deemed eligible for an identification card without a
14photograph under the terms and conditions imposed by the
15Secretary of State, and he or she shall also submit any other
16information as the Secretary may deem necessary or such
17documentation as the Secretary may require to determine the
18identity of the applicant. In addition to the residence
19address, the Secretary may allow the applicant to provide a
20mailing address. If the applicant is a judicial officer as
21defined in Section 1-10 of the Judicial Privacy Act or a peace
22officer, the applicant may elect to have his or her office or
23work address in lieu of the applicant's residence or mailing
24address. An applicant for an Illinois Person with a Disability
25Identification Card must also submit with each original or

 

 

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1renewal application, on forms prescribed by the Secretary,
2such documentation as the Secretary may require, establishing
3that the applicant is a "person with a disability" as defined
4in Section 4A of this Act, and setting forth the applicant's
5type and class of disability as set forth in Section 4A of this
6Act. For the purposes of this subsection (a), "peace officer"
7means any person who by virtue of his or her office or public
8employment is vested by law with a duty to maintain public
9order or to make arrests for a violation of any penal statute
10of this State, whether that duty extends to all violations or
11is limited to specific violations.
12    (a-5) Upon the first issuance of a request for proposals
13for a digital driver's license and identification card
14issuance and facial recognition system issued after January 1,
152020 (the effective date of Public Act 101-513), and upon
16implementation of a new or revised system procured pursuant to
17that request for proposals, the Secretary shall permit
18applicants to choose between "male", "female", or "non-binary"
19when designating the applicant's sex on the identification
20card application form. The sex designated by the applicant
21shall be displayed on the identification card issued to the
22applicant.
23    (b) Beginning on or before July 1, 2015, for each original
24or renewal identification card application under this Act, the
25Secretary shall inquire as to whether the applicant is a
26veteran for purposes of issuing an identification card with a

 

 

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1veteran designation under subsection (c-5) of Section 4 of
2this Act. The acceptable forms of proof shall include, but are
3not limited to, Department of Defense form DD-214, Department
4of Defense form DD-256 for applicants who did not receive a
5form DD-214 upon the completion of initial basic training,
6Department of Defense form DD-2 (Retired), an identification
7card issued under the federal Veterans Identification Card Act
8of 2015, or a United States Department of Veterans Affairs
9summary of benefits letter. If the document cannot be stamped,
10the Illinois Department of Veterans' Affairs shall provide a
11certificate to the veteran to provide to the Secretary of
12State. The Illinois Department of Veterans' Affairs shall
13advise the Secretary as to what other forms of proof of a
14person's status as a veteran are acceptable.
15    For each applicant who is issued an identification card
16with a veteran designation, the Secretary shall provide the
17Department of Veterans' Affairs with the applicant's name,
18address, date of birth, gender, and such other demographic
19information as agreed to by the Secretary and the Department.
20The Department may take steps necessary to confirm the
21applicant is a veteran. If after due diligence, including
22writing to the applicant at the address provided by the
23Secretary, the Department is unable to verify the applicant's
24veteran status, the Department shall inform the Secretary, who
25shall notify the applicant that he or she must confirm status
26as a veteran, or the identification card will be cancelled.

 

 

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1    For purposes of this subsection (b):
2    "Armed forces" means any of the Armed Forces of the United
3States, including a member of any reserve component or
4National Guard unit.
5    "Veteran" means a person who has served in the armed
6forces and was discharged or separated under honorable
7conditions.
8    (c) All applicants for REAL ID compliant standard Illinois
9Identification Cards and Illinois Person with a Disability
10Identification Cards shall provide proof of lawful status in
11the United States as defined in 6 CFR 37.3, as amended.
12Applicants who are unable to provide the Secretary with proof
13of lawful status are ineligible for REAL ID compliant
14identification cards under this Act.
15    (d) The Secretary of State may accept, as proof of date of
16birth and written signature for any applicant for a standard
17identification card, any passport validly issued to the
18applicant from the applicant's country of citizenship or a
19consular identification document validly issued to the
20applicant by a consulate of that country as defined in Section
215 of the Consular Identification Document Act.
22(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
23101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
24    (15 ILCS 335/8)  (from Ch. 124, par. 28)
25    Sec. 8. Expiration.

 

 

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1    (a) Except as otherwise provided in this Section:
2        (1) Every identification card issued hereunder, except
3    to persons who have reached their 15th birthday, but are
4    not yet 21 years of age, persons who are 65 years of age or
5    older, and persons who are issued an Illinois Person with
6    a Disability Identification Card, shall expire 5 years
7    from the ensuing birthday of the applicant and a renewal
8    shall expire 5 years thereafter.
9        (2) Every original or renewal identification card
10    issued to a person who has reached his or her 15th
11    birthday, but is not yet 21 years of age shall expire 3
12    months after the person's 21st birthday.
13    (b) Except as provided elsewhere in this Section, every
14original, renewal, or duplicate: (i) non-REAL ID
15identification card issued to a person who has reached his or
16her 65th birthday shall be permanent and need not be renewed;
17(ii) REAL ID compliant identification card issued on or after
18July 1, 2017, to a person who has reached his or her 65th
19birthday shall expire 8 years thereafter; (iii) non-REAL ID
20Illinois Person with a Disability Identification Card issued
21to a qualifying person shall expire 10 years thereafter; and
22(iv) REAL ID compliant Illinois Person with a Disability
23Identification Card issued on or after July 1, 2017, shall
24expire 8 years thereafter. The Secretary of State shall
25promulgate rules setting forth the conditions and criteria for
26the renewal of all Illinois Person with a Disability

 

 

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1Identification Cards.
2    (c) Every REAL ID compliant identification card or REAL ID
3compliant Illinois Person with a Disability Identification
4Card issued under this Act to an applicant who is not a United
5States citizen or permanent resident, or an individual who has
6an approved application for asylum in the United States or has
7entered the United States in refugee status, shall be marked
8"Limited Term" and shall expire on whichever is the earlier
9date of the following:
10        (1) as provided under subsection (a) or (b) of this
11    Section;
12        (2) on the date the applicant's authorized stay in the
13    United States terminates; or
14        (3) if the applicant's authorized stay is indefinite
15    and the applicant is applying for a Limited Term REAL ID
16    compliant identification card, one year from the date of
17    issuance of the card.
18    (d) (Blank). Every REAL ID compliant identification card
19or REAL ID compliant Person with a Disability Identification
20Card issued under this Act to an applicant who is not a United
21States citizen or permanent resident, or an individual who has
22an approved application for asylum in the United States or has
23entered the United States in refugee status, shall be marked
24"Limited Term".
25(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
 

 

 

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1    (15 ILCS 335/11)  (from Ch. 124, par. 31)
2    Sec. 11. Records.
3    (a) The Secretary may make a search of his records and
4furnish information as to whether a person has a current
5Standard Illinois Identification Card or an Illinois Person
6with a Disability Identification Card then on file, upon
7receipt of a written application therefor accompanied with the
8prescribed fee. However, the Secretary may not disclose
9medical information concerning an individual to any person,
10public agency, private agency, corporation or governmental
11body unless the individual has submitted a written request for
12the information or unless the individual has given prior
13written consent for the release of the information to a
14specific person or entity. This exception shall not apply to:
15(1) offices and employees of the Secretary who have a need to
16know the medical information in performance of their official
17duties, or (2) orders of a court of competent jurisdiction.
18When medical information is disclosed by the Secretary in
19accordance with the provisions of this Section, no liability
20shall rest with the Office of the Secretary of State as the
21information is released for informational purposes only.
22    (b) Except as otherwise provided in this Section, the
23Secretary may release personally identifying information only
24to:
25        (1) officers and employees of the Secretary who have a
26    need to know that information for issuance of driver's

 

 

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1    licenses, permits, or identification cards and
2    investigation of fraud or misconduct;
3        (2) other governmental agencies for use in their
4    official governmental functions;
5        (3) law enforcement agencies for a criminal or civil
6    investigation, except as restricted by subsections (g) and
7    (h);
8        (3-5) the State Board of Elections as may be required
9    by an agreement the State Board of Elections has entered
10    into with a multi-state voter registration list
11    maintenance system; or
12        (4) any entity that the Secretary has authorized, by
13    rule.
14    (c) Except as otherwise provided in this Section, the
15Secretary may release highly restricted personal information
16only to:
17        (1) officers and employees of the Secretary who have a
18    need to access the information for the issuance of
19    driver's licenses, permits, or identification cards and
20    investigation of fraud or misconduct;
21        (2) law enforcement officials for a criminal or civil
22    law enforcement investigation, except as restricted by
23    subsections (g) and (h);
24        (3) the State Board of Elections for the purpose of
25    providing the signature for completion of voter
26    registration; or

 

 

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1        (4) any other entity the Secretary has authorized by
2    rule.
3    (d) Documents required to be submitted with an application
4for an identification card to prove the applicant's identity
5(name and date of birth), social security number or lack of a
6social security number, written signature, residency, and, as
7applicable, citizenship and immigration proof of lawful status
8and country of citizenship shall be confidential and shall not
9be disclosed except to the following persons:
10        (1) the individual to whom the identification card was
11    issued, upon written request;
12        (2) officers and employees of the Secretary of State
13    who have a need to have access to the stored images for
14    purposes of issuing and controlling driver's licenses,
15    permits, or identification cards and investigation of
16    fraud or misconduct;
17        (3) law enforcement officials for a civil or criminal
18    law enforcement investigation, except as restricted by
19    subsections (g) and (h);
20        (4) other entities that the Secretary may authorize by
21    rule.
22    (e) The Secretary may not disclose an individual's social
23security number or any associated information obtained from
24the Social Security Administration without the written request
25or consent of the individual except: (i) to officers and
26employees of the Secretary who have a need to know the social

 

 

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1security number in the performance of their official duties;
2(ii) except as restricted by subsections (g) and (h) to law
3enforcement officials for a civil or criminal law enforcement
4investigation if an officer of the law enforcement agency has
5made a written request to the Secretary specifying the law
6enforcement investigation for which the social security number
7is being sought; (iii) under a lawful court order signed by a
8judge; (iv) to the Illinois Department of Veterans' Affairs
9for the purpose of confirming veteran status to agencies in
10other states responsible for the issuance of state
11identification cards for participation in State-to-State
12verification service; or (v) the last 4 digits to the Illinois
13State Board of Elections for purposes of voter registration
14and as may be required pursuant to an agreement for a
15multi-state voter registration list maintenance system. The
16Secretary retains the right to require additional verification
17regarding the validity of a request from law enforcement. If
18social security information is disclosed by the Secretary in
19accordance with this Section, no liability shall rest with the
20Office of the Secretary of State or any of its officers or
21employees, as the information is released for official
22purposes only.
23    (f) The Secretary of State shall not provide facial
24recognition search services or photographs obtained in the
25process of issuing an identification card to any federal,
26State, or local law enforcement agency or other governmental

 

 

SB2397- 37 -LRB103 30750 MXP 57230 b

1entity for the purpose of enforcing federal immigration laws.
2This subsection shall not apply to requests from federal,
3State, or local law enforcement agencies or other governmental
4entities for facial recognition search services or photographs
5obtained in the process of issuing a driver's license or
6permit when the purpose of the request relates to criminal
7activity other than violations of immigration laws.
8    (g) Notwithstanding any other provision of law, the
9Secretary may not release highly restricted personal
10information or personally identifying information or disclose
11documents described in subsection (d) to any immigration
12agent, as defined in Section 10 of the Illinois TRUST Act,
13unless necessary to comply with any of the following to the
14extent that production of such information or documents are
15specifically required:
16        (1) a lawful court order;
17        (2) a judicial warrant signed by a judge appointed
18    pursuant to Article III of the Constitution of the United
19    States; or
20        (3) a subpoena for individual records issued by a
21    federal or State court.
22    When responding to such a court order, warrant, or
23subpoena, the Secretary shall disclose only those documents or
24information specifically requested. Within 3 business days of
25receiving such a court order, warrant, or subpoena, the
26Secretary shall send a notification to the individual about

 

 

SB2397- 38 -LRB103 30750 MXP 57230 b

1whom such information was requested that a court order,
2warrant, or subpoena was received and the identity of the
3entity that presented the court order, warrant, or subpoena.
4    (h) The Secretary shall not enter into or maintain any
5agreement regarding the sharing of any highly restricted
6personal information or personally identifying information or
7documents described in subsection (d) unless all other parties
8to such agreement certify that the information obtained will
9not be used for civil immigration purposes or knowingly
10disseminated to any third party for any purpose related to
11civil immigration enforcement.
12(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
 
13    Section 20. The Illinois Vehicle Code is amended by
14changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
156-110.2, 6-115, 6-121, and 6-122 and by adding Section 6-110.3
16as follows:
 
17    (625 ILCS 5/6-100)  (from Ch. 95 1/2, par. 6-100)
18    Sec. 6-100. Definitions. For the purposes of this Chapter,
19the following words shall have the meanings ascribed to them:
20    (a) Application Process. The process of obtaining a
21driver's license, identification card, or permit. The process
22begins when a person enters a Secretary of State Driver
23Services facility and requests a driver's license,
24identification card or permit.

 

 

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1    (b) Conviction. A final adjudication of guilty by a court
2of competent jurisdiction either after a bench trial, trial by
3jury, plea of guilty, order of forfeiture, or default.
4    (c) Identification Card. A document made or issued by or
5under the authority of the United States Government, the State
6of Illinois or any other state or political subdivision
7thereof, or any governmental or quasi-governmental
8organization that, when completed with information concerning
9the individual, is of a type intended or commonly accepted for
10the purpose of identifying the individual.
11    (d) Standard Non-compliant driver's license. A driver's
12license issued in a manner which is not compliant with the REAL
13ID Act and implementing regulations. Standard Non-compliant
14driver's licenses shall be marked "Federal Limits Apply" "Not
15for Federal Identification" and shall have a color or design
16different from the REAL ID compliant driver's license.
17    (e) REAL ID compliant driver's license. A driver's license
18issued in compliance with the REAL ID Act and implementing
19regulations. REAL ID compliant driver's licenses shall bear a
20security marking approved by the United States Department of
21Homeland Security.
22    (f) Limited Term REAL ID compliant driver's license. A
23REAL ID compliant driver's license issued in compliance with
24subsection (a-5) of Section 6-115 to a person who is not a
25permanent resident or citizen of the United States, and marked
26"Limited Term" on the face of the license.

 

 

SB2397- 40 -LRB103 30750 MXP 57230 b

1(Source: P.A. 100-248, eff. 8-22-17.)
 
2    (625 ILCS 5/6-100.5)
3    Sec. 6-100.5. Issuance of REAL ID compliant and standard
4non-compliant driver's licenses. The Secretary of State may
5issue both REAL ID compliant driver's licenses and standard
6non-compliant driver's licenses, and may permit applicants to
7designate which type of driver's license they wish to receive.
8All provisions of this Code applicable to standard
9non-compliant driver's licenses shall also apply to REAL ID
10compliant driver's licenses, except where the provisions are
11inconsistent with the REAL ID Act and implementing
12regulations. The Secretary shall establish by rule the date on
13which issuance of REAL ID compliant driver's licenses will
14begin.
15(Source: P.A. 100-248, eff. 8-22-17.)
 
16    (625 ILCS 5/6-105.1)
17    Sec. 6-105.1. Temporary visitor's driver's license.
18    (a) The Secretary of State may issue a temporary visitor's
19driver's license to a foreign national who (i) resides in this
20State, (ii) is ineligible to obtain a social security number,
21and (iii) presents to the Secretary documentation, issued by
22United States Citizenship and Immigration Services,
23authorizing the person's presence in this country.
24    (a-5) The Secretary of State may issue a temporary

 

 

SB2397- 41 -LRB103 30750 MXP 57230 b

1visitor's driver's license to an applicant who (i) has resided
2in this State for a period in excess of one year, (ii) is
3ineligible to obtain a social security number, and (iii) is
4unable to present documentation issued by the United States
5Citizenship and Immigration Services authorizing the person's
6presence in this country. The applicant shall submit a valid
7unexpired passport from the applicant's country of citizenship
8or a valid unexpired consular identification document issued
9by a consulate of that country as defined in Section 5 of the
10Consular Identification Document Act (5 ILCS 230/5).
11    (a-10) Applicants for a temporary visitor's driver's
12license who are under 18 years of age at the time of
13application shall be subject to the provisions of Sections
146-107 and 6-108 of this Code.
15    (b) A temporary visitor's driver's license issued under
16subsection (a) is valid for 3 years, or for the period of time
17the individual is authorized to remain in this country,
18whichever ends sooner. A temporary visitor's driver's license
19issued under subsection (a-5) shall be valid for a period of 3
20years.
21    (b-5) A temporary visitor's driver's license issued under
22this Section may not be accepted for proof of the holder's
23identity. A temporary visitor's driver's license issued under
24this Section shall contain a notice on its face, in
25capitalized letters, stating that the temporary visitor's
26driver's license may not be accepted for proof of identity.

 

 

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1    (c) The Secretary shall adopt rules for implementing this
2Section, including rules:
3        (1) regarding the design and content of the temporary
4    visitor's driver's license;
5        (2) establishing criteria for proof of identification
6    and residency of an individual applying under subsection
7    (a-5);
8        (3) designating acceptable evidence that an applicant
9    is not eligible for a social security number; and
10        (4) regarding the issuance of temporary visitor's
11    instruction permits.
12    (d) Any person to whom the Secretary of State may issue a
13temporary visitor's driver's license shall be subject to any
14and all provisions of this Code and any and all implementing
15regulations issued by the Secretary of State to the same
16extent as any person issued a driver's license, unless
17otherwise provided in this Code or by administrative rule,
18including but not limited to the examination requirements in
19Section 6-109 as well as the mandatory insurance requirements
20and penalties set forth in Article VI of Chapter 7 of this
21Code.
22    (d-5) A temporary visitor's driver's license is invalid if
23the holder is unable to provide proof of liability insurance
24as required by Section 7-601 of this Code upon the request of a
25law enforcement officer, in which case the holder commits a
26violation of Section 6-101 of this Code.

 

 

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1    (e) Temporary visitor's driver's licenses shall be issued
2from a central location after the Secretary of State has
3verified the information provided by the applicant.
4    (f) There is created in the State treasury a special fund
5to be known as the Driver Services Administration Fund. All
6fees collected for the issuance of temporary visitor's
7driver's licenses shall be deposited into the Fund. These
8funds shall, subject to appropriation, be used by the Office
9of the Secretary of State for costs related to the issuance of
10temporary visitor's driver's licenses, and other operational
11costs, including personnel, facilities, computer programming,
12and data transmission.
13    (g) No temporary visitor's driver's licenses shall be
14issued after the effective date of this amendatory Act of the
15103rd General Assembly.
16(Source: P.A. 97-1157, eff. 11-28-13.)
 
17    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
18    Sec. 6-106. Application for license or instruction permit.
19    (a) Every application for any permit or license authorized
20to be issued under this Code shall be made upon a form
21furnished by the Secretary of State. Every application shall
22be accompanied by the proper fee and payment of such fee shall
23entitle the applicant to not more than 3 attempts to pass the
24examination within a period of one year after the date of
25application.

 

 

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1    (b) Every application shall state the legal name, social
2security number, zip code, date of birth, sex, and residence
3address of the applicant; briefly describe the applicant;
4state whether the applicant has theretofore been licensed as a
5driver, and, if so, when and by what state or country, and
6whether any such license has ever been cancelled, suspended,
7revoked or refused, and, if so, the date and reason for such
8cancellation, suspension, revocation or refusal; shall include
9an affirmation by the applicant that all information set forth
10is true and correct; and shall bear the applicant's signature.
11In addition to the residence address, the Secretary may allow
12the applicant to provide a mailing address. In the case of an
13applicant who is a judicial officer or peace officer, the
14Secretary may allow the applicant to provide an office or work
15address in lieu of a residence or mailing address. The
16application form may also require the statement of such
17additional relevant information as the Secretary of State
18shall deem necessary to determine the applicant's competency
19and eligibility. The Secretary of State may, in his
20discretion, by rule or regulation, provide that an application
21for a drivers license or permit may include a suitable
22photograph of the applicant in the form prescribed by the
23Secretary, and he may further provide that each drivers
24license shall include a photograph of the driver. The
25Secretary of State may utilize a photograph process or system
26most suitable to deter alteration or improper reproduction of

 

 

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1a drivers license and to prevent substitution of another photo
2thereon. For the purposes of this subsection (b), "peace
3officer" means any person who by virtue of his or her office or
4public employment is vested by law with a duty to maintain
5public order or to make arrests for a violation of any penal
6statute of this State, whether that duty extends to all
7violations or is limited to specific violations.
8    (b-1) Every application shall state the social security
9number of the applicant; except if the applicant is applying
10for a standard driver's license and is ineligible for a social
11security number, then:
12        (1) if the applicant has documentation, issued by the
13    United States Department of Homeland Security, authorizing
14    the applicant's presence in this country, the applicant
15    shall provide such documentation instead of a social
16    security number; and
17        (2) if the applicant does not have documentation
18    described in paragraph (1), the applicant shall provide,
19    instead of a social security number, the following:
20            (A) documentation establishing that the applicant
21        has resided in this State for a period in excess of one
22        year; and
23            (B) a passport validly issued to the applicant
24        from the applicant's country of citizenship or a
25        consular identification document validly issued to the
26        applicant by a consulate of that country as defined in

 

 

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1        Section 5 of the Consular Identification Document Act.
2    (b-3) Upon the first issuance of a request for proposals
3for a digital driver's license and identification card
4issuance and facial recognition system issued after January 1,
52020 (the effective date of Public Act 101-513), and upon
6implementation of a new or revised system procured pursuant to
7that request for proposals, the Secretary shall permit
8applicants to choose between "male", "female" or "non-binary"
9when designating the applicant's sex on the driver's license
10application form. The sex designated by the applicant shall be
11displayed on the driver's license issued to the applicant.
12    (b-5) Every applicant for a REAL ID compliant driver's
13license or permit shall provide proof of lawful status in the
14United States as defined in 6 CFR 37.3, as amended. Applicants
15who are unable to provide the Secretary with proof of lawful
16status may apply for a driver's license or permit under
17Section 6-105.1 of this Code.
18    (b-7) The Secretary of State may accept, as proof of date
19of birth and written signature for any applicant for a
20standard driver's license, any passport validly issued to the
21applicant from the applicant's country of citizenship or a
22consular identification document validly issued to the
23applicant by a consulate of that country as defined in Section
245 of the Consular Identification Document Act.
25    (c) The application form shall include a notice to the
26applicant of the registration obligations of sex offenders

 

 

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1under the Sex Offender Registration Act. The notice shall be
2provided in a form and manner prescribed by the Secretary of
3State. For purposes of this subsection (c), "sex offender" has
4the meaning ascribed to it in Section 2 of the Sex Offender
5Registration Act.
6    (d) Any person applying male United States citizen or
7immigrant who applies for any permit or license authorized to
8be issued under this Code or for a renewal of any permit or
9license, and who is at least 18 years of age but less than 26
10years of age and subject to , must be registered in compliance
11with the requirements of the federal Military Selective
12Service Act, must be registered in compliance with those
13requirements. The Secretary of State must forward in an
14electronic format the necessary personal information regarding
15the applicants identified in this subsection (d) to the
16Selective Service System. The applicant's signature on the
17application serves as an indication that the applicant either
18has already registered with the Selective Service System or
19that he is authorizing the Secretary to forward to the
20Selective Service System the necessary information for
21registration. The Secretary must notify the applicant at the
22time of application that his signature constitutes consent to
23registration with the Selective Service System, if he is not
24already registered.
25    (e) Beginning on or before July 1, 2015, for each original
26or renewal driver's license application under this Code, the

 

 

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1Secretary shall inquire as to whether the applicant is a
2veteran for purposes of issuing a driver's license with a
3veteran designation under subsection (e-5) of Section 6-110 of
4this Code. The acceptable forms of proof shall include, but
5are not limited to, Department of Defense form DD-214,
6Department of Defense form DD-256 for applicants who did not
7receive a form DD-214 upon the completion of initial basic
8training, Department of Defense form DD-2 (Retired), an
9identification card issued under the federal Veterans
10Identification Card Act of 2015, or a United States Department
11of Veterans Affairs summary of benefits letter. If the
12document cannot be stamped, the Illinois Department of
13Veterans' Affairs shall provide a certificate to the veteran
14to provide to the Secretary of State. The Illinois Department
15of Veterans' Affairs shall advise the Secretary as to what
16other forms of proof of a person's status as a veteran are
17acceptable.
18    For each applicant who is issued a driver's license with a
19veteran designation, the Secretary shall provide the
20Department of Veterans' Affairs with the applicant's name,
21address, date of birth, gender and such other demographic
22information as agreed to by the Secretary and the Department.
23The Department may take steps necessary to confirm the
24applicant is a veteran. If after due diligence, including
25writing to the applicant at the address provided by the
26Secretary, the Department is unable to verify the applicant's

 

 

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1veteran status, the Department shall inform the Secretary, who
2shall notify the applicant that he or she must confirm status
3as a veteran, or the driver's license will be cancelled.
4    For purposes of this subsection (e):
5    "Armed forces" means any of the Armed Forces of the United
6States, including a member of any reserve component or
7National Guard unit.
8    "Veteran" means a person who has served in the armed
9forces and was discharged or separated under honorable
10conditions.
11(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
12101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
13    (625 ILCS 5/6-110.1)
14    Sec. 6-110.1. Confidentiality of captured photographs or
15images.
16    (a) The Secretary of State shall maintain a file on or
17contract to file all photographs and signatures obtained in
18the process of issuing a driver's license, permit, or
19identification card. Except as otherwise provided in this
20Section, the photographs and signatures shall be confidential
21and shall not be disclosed except to the following persons:
22        (1) the individual to whom the driver's license or
23    permit was issued, upon written request;
24        (2) officers and employees of the Secretary of State
25    who have a need to have access to the stored images for

 

 

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1    purposes of issuing and controlling driver's licenses,
2    permits, or identification cards and investigation of
3    fraud or misconduct;
4        (3) law enforcement officials for a civil or criminal
5    law enforcement investigation, except as restricted by
6    section 6-110.3;
7        (3-5) the State Board of Elections for the sole
8    purpose of providing the signatures required by a local
9    election authority to register a voter through an online
10    voter registration system;
11        (3-10) officers and employees of the Secretary of
12    State who have a need to have access to the stored images
13    for purposes of issuing and controlling notary public
14    commissions and for the purpose of providing the
15    signatures required to process online applications for
16    appointment and commission as notaries public; or
17        (4) other entities that the Secretary may authorize by
18    rule.
19    (b) The Secretary of State shall not provide facial
20recognition search services or photographs obtained in the
21process of issuing a driver's license or permit to any
22federal, State, or local law enforcement agency or other
23governmental entity for the purpose of enforcing federal
24immigration laws. This subsection shall not apply to requests
25from federal, State, or local law enforcement agencies or
26other governmental entities for facial recognition search

 

 

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1services or photographs obtained in the process of issuing a
2driver's license or permit when the purpose of the request
3relates to criminal activity other than violations of
4immigration laws.
5(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
 
6    (625 ILCS 5/6-110.2)
7    Sec. 6-110.2. Confidentiality of documents submitted with
8an application for a driver's license. Documents required to
9be submitted with an application for a driver's license to
10prove the applicant's identity (name and date of birth),
11social security number or lack of a social security number,
12written signature, residency, and, as applicable, citizenship
13or immigration proof of lawful status and country of
14citizenship shall be confidential and shall not be disclosed
15except to the following persons:
16        (1) the individual to whom the driver's license or
17    permit was issued, upon written request;
18        (2) officers and employees of the Secretary of State
19    who have a need to have access to the stored images for
20    purposes of issuing and controlling driver's licenses,
21    permits, or identification cards and investigation of
22    fraud or misconduct;
23        (3) law enforcement officials for a civil or criminal
24    law enforcement investigation, except as restricted by
25    Section 6-110.3;

 

 

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1        (4) other entities that the Secretary may authorize by
2    rule.
3(Source: P.A. 101-326, eff. 8-9-19.)
 
4    (625 ILCS 5/6-110.3 new)
5    Sec. 6-110.3. Restrictions on use of information for
6certain purposes.
7    (a) Notwithstanding any other provision of law, the
8Secretary may not release or make accessible in any manner any
9highly restricted personal information as defined in Section
101-125.9 or personally identifying information as defined in
11Section 1-159.2, provide images, photos, or facial recognition
12services as described in Section 6-110.1, or disclose
13documents as described in Section 6-110.2 to any immigration
14agent as defined in Section 10 of the Illinois TRUST Act,
15unless necessary to comply with any of the following to the
16extent that production of such information or documents are
17specifically required:
18        (1) a lawful court order;
19        (2) a judicial warrant signed by a judge appointed
20    pursuant to Article III of the Constitution of the United
21    States; or
22        (3) a subpoena for individual records issued by a
23    federal or State court.
24    When responding to such a court order, warrant, or
25subpoena, the Secretary shall disclose only those documents or

 

 

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1information specifically requested. Within 3 business days of
2receiving such a court order, warrant, or subpoena, the
3Secretary shall send a notification to the individual about
4whom such information was requested that a court order,
5warrant, or subpoena was received and the identity of the
6entity that presented the court order, warrant, or subpoena.
7    (b) The Secretary shall not enter into or maintain any
8agreement regarding the sharing of any highly restricted
9personal information as defined in Section 1-125.9, personally
10identifying information as defined in Section 1-159.2, images
11or photos described in Section 6-110.1, or documents described
12in Section 6-110.2 unless all other parties to such agreement
13certify that the information obtained will not be used for
14civil immigration purposes or knowingly disseminated to any
15third party for any purpose related to civil immigration
16enforcement.
 
17    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
18    Sec. 6-115. Expiration of driver's license.
19    (a) Except as provided elsewhere in this Section, every
20driver's license issued under the provisions of this Code
21shall expire 4 years from the date of its issuance, or at such
22later date, as the Secretary of State may by proper rule and
23regulation designate, not to exceed 12 calendar months; in the
24event that an applicant for renewal of a driver's license
25fails to apply prior to the expiration date of the previous

 

 

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1driver's license, the renewal driver's license shall expire 4
2years from the expiration date of the previous driver's
3license, or at such later date as the Secretary of State may by
4proper rule and regulation designate, not to exceed 12
5calendar months.
6    The Secretary of State may, however, issue to a person not
7previously licensed as a driver in Illinois a driver's license
8which will expire not less than 4 years nor more than 5 years
9from date of issuance, except as provided elsewhere in this
10Section.
11    (a-5) Every REAL ID compliant driver's license issued
12under this Code to an applicant who is not a United States
13citizen or permanent resident, or an individual who has an
14approved application for asylum in the United States or has
15entered the United States in refugee status, shall be marked
16"Limited Term" on its face and shall expire on whichever is the
17earlier date of the following:
18        (1) as provided under subsection (a), (f), (g), or (i)
19    of this Section;
20        (2) on the date the applicant's authorized stay in the
21    United States terminates; or
22        (3) if the applicant's authorized stay is indefinite
23    and the applicant is applying for a Limited Term REAL ID
24    compliant driver's license, one year from the date of
25    issuance of the license.
26    (a-10) (Blank). Every REAL ID compliant driver's license

 

 

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1issued under this Code to an applicant who is not a United
2States citizen or permanent resident, or an individual who has
3an approved application for asylum in the United States or has
4entered the United States in refugee status, shall be marked
5"Limited Term".
6    (b) Before the expiration of a driver's license, except
7those licenses expiring on the individual's 21st birthday, or
83 months after the individual's 21st birthday, the holder
9thereof may apply for a renewal thereof, subject to all the
10provisions of Section 6-103, and the Secretary of State may
11require an examination of the applicant. A licensee whose
12driver's license expires on his 21st birthday, or 3 months
13after his 21st birthday, may not apply for a renewal of his
14driving privileges until he reaches the age of 21.
15    (c) The Secretary of State shall, 30 days prior to the
16expiration of a driver's license, forward to each person whose
17license is to expire a notification of the expiration of said
18license which may be presented at the time of renewal of said
19license.
20    There may be included with such notification information
21explaining the anatomical gift and Emergency Medical
22Information Card provisions of Section 6-110. The format and
23text of such information shall be prescribed by the Secretary.
24    There shall be included with such notification, for a
25period of 4 years beginning January 1, 2000 information
26regarding the Illinois Adoption Registry and Medical

 

 

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1Information Exchange established in Section 18.1 of the
2Adoption Act.
3    (d) The Secretary may defer the expiration of the driver's
4license of a licensee, spouse, and dependent children who are
5living with such licensee while on active duty, serving in the
6Armed Forces of the United States outside of the State of
7Illinois, and 120 days thereafter, upon such terms and
8conditions as the Secretary may prescribe.
9    (d-5) The Secretary may defer the expiration of the
10driver's license of a licensee, or of a spouse or dependent
11children living with the licensee, serving as a civilian
12employee of the United States Armed Forces or the United
13States Department of Defense, outside of the State of
14Illinois, and 120 days thereafter, upon such terms and
15conditions as the Secretary may prescribe.
16    (e) The Secretary of State may decline to process a
17renewal of a driver's license of any person who has not paid
18any fee or tax due under this Code and is not paid upon
19reasonable notice and demand.
20    (f) The Secretary shall provide that each original or
21renewal driver's license issued to a licensee under 21 years
22of age shall expire 3 months after the licensee's 21st
23birthday. Persons whose current driver's licenses expire on
24their 21st birthday on or after January 1, 1986 shall not renew
25their driver's license before their 21st birthday, and their
26current driver's license will be extended for an additional

 

 

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1term of 3 months beyond their 21st birthday. Thereafter, the
2expiration and term of the driver's license shall be governed
3by subsection (a) hereof.
4    (g) The Secretary shall provide that each original or
5renewal driver's license issued to a licensee 81 years of age
6through age 86 shall expire 2 years from the date of issuance,
7or at such later date as the Secretary may by rule and
8regulation designate, not to exceed an additional 12 calendar
9months. The Secretary shall also provide that each original or
10renewal driver's license issued to a licensee 87 years of age
11or older shall expire 12 months from the date of issuance, or
12at such later date as the Secretary may by rule and regulation
13designate, not to exceed an additional 12 calendar months.
14    (h) The Secretary of State shall provide that each special
15restricted driver's license issued under subsection (g) of
16Section 6-113 of this Code shall expire 12 months from the date
17of issuance. The Secretary shall adopt rules defining renewal
18requirements.
19    (i) The Secretary of State shall provide that each
20driver's license issued to a person convicted of a sex offense
21as defined in Section 2 of the Sex Offender Registration Act
22shall expire 12 months from the date of issuance or at such
23date as the Secretary may by rule designate, not to exceed an
24additional 12 calendar months. The Secretary may adopt rules
25defining renewal requirements.
26(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
 

 

 

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1    (625 ILCS 5/6-121)
2    Sec. 6-121. Issuance of confidential drivers' licenses.
3    (a) Requirements for use of confidential drivers'
4licenses. Confidential drivers' licenses may be issued to
5local, state, and federal government agencies for bona fide
6law enforcement purposes. The drivers' licenses may be issued
7with fictitious names and addresses, and may be used only for
8confidential, investigative, or undercover law enforcement
9operations. Confidential drivers' licenses may be issued as
10REAL ID compliant or standard non-compliant driver's licenses.
11    (b) Application procedures for confidential drivers'
12licenses:
13        (1) Applications by local, state, and federal
14    government agencies for confidential drivers' licenses
15    must be made to the Secretary of State Police Department
16    on a form and in a manner prescribed by the Secretary of
17    State Police Department.
18        (2) The application form must include information, as
19    specific as possible without compromising investigations
20    or techniques, setting forth the need for the drivers'
21    licenses and the uses to which the licenses will be
22    limited.
23        (3) The application form must be signed and verified
24    by the local, state, or federal government agency head or
25    designee.

 

 

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1        (4) Registration information maintained by the
2    Secretary of State Police Department for confidential
3    drivers' licenses must show the fictitious names and
4    addresses on all records subject to public disclosure. All
5    other information concerning these confidential drivers'
6    licenses are exempt from disclosure unless the disclosure
7    is ordered by a court of competent jurisdiction.
8    (c) Revocation and cancellation procedures for
9confidential drivers' licenses:
10        (1) The Secretary of State Police Department may
11    revoke or refuse to renew confidential drivers' licenses
12    when they have reasonable cause to believe the licenses
13    are being used for purposes other than those set forth in
14    the application form or authorized by this Section.
15    Confidential drivers' licenses may also be revoked where
16    traffic violation citations have been issued to the driver
17    and subsequent investigation reveals that the issuance of
18    the citations was unrelated to the purposes for which the
19    confidential driver's license was issued. In such cases,
20    the citations and any resulting court orders, convictions,
21    supervisions or other sanctions must be treated by the
22    Secretary of State as though they were issued in relation
23    to the true driver's license of the individual to whom the
24    confidential driver's license was issued.
25        (2) A government agency must request cancellation of
26    confidential drivers' licenses that are no longer required

 

 

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1    for the purposes for which they were issued.
2        (3) All revoked confidential drivers' licenses must be
3    promptly returned to the Secretary of State Police
4    Department by the government agency to which they were
5    issued.
6(Source: P.A. 100-248, eff. 8-22-17.)
 
7    (625 ILCS 5/6-122)
8    Sec. 6-122. Expedited driver's license. The Secretary of
9State may provide for an expedited process for the issuance of
10a driver's license, excluding temporary visitor's driver's
11licenses. The Secretary shall charge an additional fee for the
12issuance of an expedited driver's license, to be set by rule,
13not to exceed $75. All fees collected by the Secretary for
14expedited driver's license service shall be deposited into the
15Secretary of State Special Services Fund. The Secretary may
16adopt rules regarding the eligibility, process, and fee for an
17expedited driver's license.
18(Source: P.A. 99-305, eff. 1-1-16.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202024.

 

 

SB2397- 61 -LRB103 30750 MXP 57230 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 230/10
4    10 ILCS 5/1A-16.1
5    15 ILCS 335/1A
6    15 ILCS 335/2from Ch. 124, par. 22
7    15 ILCS 335/4from Ch. 124, par. 24
8    15 ILCS 335/4D
9    15 ILCS 335/5from Ch. 124, par. 25
10    15 ILCS 335/8from Ch. 124, par. 28
11    15 ILCS 335/11from Ch. 124, par. 31
12    625 ILCS 5/6-100from Ch. 95 1/2, par. 6-100
13    625 ILCS 5/6-100.5
14    625 ILCS 5/6-105.1
15    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
16    625 ILCS 5/6-110.1
17    625 ILCS 5/6-110.2
18    625 ILCS 5/6-110.3 new
19    625 ILCS 5/6-115from Ch. 95 1/2, par. 6-115
20    625 ILCS 5/6-121
21    625 ILCS 5/6-122