Full Text of SB2649 103rd General Assembly
SB2649 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2649 Introduced 1/10/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: | | 5 ILCS 805/Act rep. | | 15 ILCS 335/11 | from Ch. 124, par. 31 | 625 ILCS 5/6-110.3 | |
| Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | (5 ILCS 805/Act rep.) | 5 | | Section 5. The Illinois TRUST Act is repealed. | 6 | | Section 10. The Illinois Identification Card Act is | 7 | | amended by changing Section 11 as follows: | 8 | | (15 ILCS 335/11) (from Ch. 124, par. 31) | 9 | | (Text of Section before amendment by P.A. 103-210 ) | 10 | | Sec. 11. Records. | 11 | | (a) The Secretary may make a search of his records and | 12 | | furnish information as to whether a person has a current | 13 | | Standard Illinois Identification Card or an Illinois Person | 14 | | with a Disability Identification Card then on file, upon | 15 | | receipt of a written application therefor accompanied with the | 16 | | prescribed fee. However, the Secretary may not disclose | 17 | | medical information concerning an individual to any person, | 18 | | public agency, private agency, corporation or governmental | 19 | | body unless the individual has submitted a written request for | 20 | | the information or unless the individual has given prior | 21 | | written consent for the release of the information to a | 22 | | specific person or entity. This exception shall not apply to: |
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| 1 | | (1) offices and employees of the Secretary who have a need to | 2 | | know the medical information in performance of their official | 3 | | duties, or (2) orders of a court of competent jurisdiction. | 4 | | When medical information is disclosed by the Secretary in | 5 | | accordance with the provisions of this Section, no liability | 6 | | shall rest with the Office of the Secretary of State as the | 7 | | information is released for informational purposes only. | 8 | | (b) Except as otherwise provided in this Section, the | 9 | | Secretary may release personally identifying information only | 10 | | to: | 11 | | (1) officers and employees of the Secretary who have a | 12 | | need to know that information for issuance of driver's | 13 | | licenses, permits, or identification cards and | 14 | | investigation of fraud or misconduct; | 15 | | (2) other governmental agencies for use in their | 16 | | official governmental functions; | 17 | | (3) law enforcement agencies for a criminal or civil | 18 | | investigation; | 19 | | (3-5) the State Board of Elections as may be required | 20 | | by an agreement the State Board of Elections has entered | 21 | | into with a multi-state voter registration list | 22 | | maintenance system; or | 23 | | (4) any entity that the Secretary has authorized, by | 24 | | rule. | 25 | | (c) Except as otherwise provided in this Section, the | 26 | | Secretary may release highly restricted personal information |
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| 1 | | only to: | 2 | | (1) officers and employees of the Secretary who have a | 3 | | need to access the information for the issuance of | 4 | | driver's licenses, permits, or identification cards and | 5 | | investigation of fraud or misconduct; | 6 | | (2) law enforcement officials for a criminal or civil | 7 | | law enforcement investigation; | 8 | | (3) the State Board of Elections for the purpose of | 9 | | providing the signature for completion of voter | 10 | | registration; or | 11 | | (4) any other entity the Secretary has authorized by | 12 | | rule. | 13 | | (d) Documents required to be submitted with an application | 14 | | for an identification card to prove the applicant's identity | 15 | | (name and date of birth), social security number, written | 16 | | signature, residency, and, as applicable, proof of lawful | 17 | | status shall be confidential and shall not be disclosed except | 18 | | to the following persons: | 19 | | (1) the individual to whom the identification card was | 20 | | issued, upon written request; | 21 | | (2) officers and employees of the Secretary of State | 22 | | who have a need to have access to the stored images for | 23 | | purposes of issuing and controlling driver's licenses, | 24 | | permits, or identification cards and investigation of | 25 | | fraud or misconduct; | 26 | | (3) law enforcement officials for a civil or criminal |
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| 1 | | law enforcement investigation; | 2 | | (4) other entities that the Secretary may authorize by | 3 | | rule. | 4 | | (e) The Secretary may not disclose an individual's social | 5 | | security number or any associated information obtained from | 6 | | the Social Security Administration without the written request | 7 | | or consent of the individual except: (i) to officers and | 8 | | employees of the Secretary who have a need to know the social | 9 | | security number in the performance of their official duties; | 10 | | (ii) to law enforcement officials for a civil or criminal law | 11 | | enforcement investigation if an officer of the law enforcement | 12 | | agency has made a written request to the Secretary specifying | 13 | | the law enforcement investigation for which the social | 14 | | security number is being sought; (iii) under a lawful court | 15 | | order signed by a judge; (iv) to the Illinois Department of | 16 | | Veterans' Affairs for the purpose of confirming veteran status | 17 | | to agencies in other states responsible for the issuance of | 18 | | state identification cards for participation in State-to-State | 19 | | verification service; or (v) the last 4 digits to the Illinois | 20 | | State Board of Elections for purposes of voter registration | 21 | | and as may be required pursuant to an agreement for a | 22 | | multi-state voter registration list maintenance system. The | 23 | | Secretary retains the right to require additional verification | 24 | | regarding the validity of a request from law enforcement. If | 25 | | social security information is disclosed by the Secretary in | 26 | | accordance with this Section, no liability shall rest with the |
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| 1 | | Office of the Secretary of State or any of its officers or | 2 | | employees, as the information is released for official | 3 | | purposes only. | 4 | | (f) The Secretary of State shall not provide facial | 5 | | recognition search services or photographs obtained in the | 6 | | process of issuing an identification card to any federal, | 7 | | State, or local law enforcement agency or other governmental | 8 | | entity for the purpose of enforcing federal immigration laws. | 9 | | This subsection shall not apply to requests from federal, | 10 | | State, or local law enforcement agencies or other governmental | 11 | | entities for facial recognition search services or photographs | 12 | | obtained in the process of issuing a driver's license or | 13 | | permit when the purpose of the request relates to criminal | 14 | | activity other than violations of immigration laws. | 15 | | (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) | 16 | | (Text of Section after amendment by P.A. 103-210 ) | 17 | | Sec. 11. Records. | 18 | | (a) The Secretary may make a search of his records and | 19 | | furnish information as to whether a person has a current | 20 | | Standard Illinois Identification Card or an Illinois Person | 21 | | with a Disability Identification Card then on file, upon | 22 | | receipt of a written application therefor accompanied with the | 23 | | prescribed fee. However, the Secretary may not disclose | 24 | | medical information concerning an individual to any person, | 25 | | public agency, private agency, corporation or governmental |
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| 1 | | body unless the individual has submitted a written request for | 2 | | the information or unless the individual has given prior | 3 | | written consent for the release of the information to a | 4 | | specific person or entity. This exception shall not apply to: | 5 | | (1) offices and employees of the Secretary who have a need to | 6 | | know the medical information in performance of their official | 7 | | duties, or (2) orders of a court of competent jurisdiction. | 8 | | When medical information is disclosed by the Secretary in | 9 | | accordance with the provisions of this Section, no liability | 10 | | shall rest with the Office of the Secretary of State as the | 11 | | information is released for informational purposes only. | 12 | | (b) Except as otherwise provided in this Section, the | 13 | | Secretary may release personally identifying information only | 14 | | to: | 15 | | (1) officers and employees of the Secretary who have a | 16 | | need to know that information for issuance of driver's | 17 | | licenses, permits, or identification cards and | 18 | | investigation of fraud or misconduct; | 19 | | (2) other governmental agencies for use in their | 20 | | official governmental functions; | 21 | | (3) law enforcement agencies for a criminal or civil | 22 | | investigation, except as restricted by subsections (g) and | 23 | | (h); | 24 | | (3-5) the State Board of Elections as may be required | 25 | | by an agreement the State Board of Elections has entered | 26 | | into with a multi-state voter registration list |
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| 1 | | maintenance system; or | 2 | | (4) any entity that the Secretary has authorized, by | 3 | | rule. | 4 | | (c) Except as otherwise provided in this Section, the | 5 | | Secretary may release highly restricted personal information | 6 | | only to: | 7 | | (1) officers and employees of the Secretary who have a | 8 | | need to access the information for the issuance of | 9 | | driver's licenses, permits, or identification cards and | 10 | | investigation of fraud or misconduct; | 11 | | (2) law enforcement officials for a criminal or civil | 12 | | law enforcement investigation, except as restricted by | 13 | | subsections (g) and (h); | 14 | | (3) the State Board of Elections for the purpose of | 15 | | providing the signature for completion of voter | 16 | | registration; or | 17 | | (4) any other entity the Secretary has authorized by | 18 | | rule. | 19 | | (d) Documents required to be submitted with an application | 20 | | for an identification card to prove the applicant's identity | 21 | | (name and date of birth), social security number or lack of a | 22 | | social security number, written signature, residency, and, as | 23 | | applicable, citizenship and immigration status and country of | 24 | | citizenship shall be confidential and shall not be disclosed | 25 | | except to the following persons: | 26 | | (1) the individual to whom the identification card was |
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| 1 | | issued, upon written request; | 2 | | (2) officers and employees of the Secretary of State | 3 | | who have a need to have access to the stored images for | 4 | | purposes of issuing and controlling driver's licenses, | 5 | | permits, or identification cards and investigation of | 6 | | fraud or misconduct; | 7 | | (3) law enforcement officials for a civil or criminal | 8 | | law enforcement investigation, except as restricted by | 9 | | subsections (g) and (h); | 10 | | (4) other entities that the Secretary may authorize by | 11 | | rule. | 12 | | (e) The Secretary may not disclose an individual's social | 13 | | security number or any associated information obtained from | 14 | | the Social Security Administration without the written request | 15 | | or consent of the individual except: (i) to officers and | 16 | | employees of the Secretary who have a need to know the social | 17 | | security number in the performance of their official duties; | 18 | | (ii) except as restricted by subsections (g) and (h) to law | 19 | | enforcement officials for a civil or criminal law enforcement | 20 | | investigation if an officer of the law enforcement agency has | 21 | | made a written request to the Secretary specifying the law | 22 | | enforcement investigation for which the social security number | 23 | | is being sought; (iii) under a lawful court order signed by a | 24 | | judge; (iv) to the Illinois Department of Veterans' Affairs | 25 | | for the purpose of confirming veteran status to agencies in | 26 | | other states responsible for the issuance of state |
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| 1 | | identification cards for participation in State-to-State | 2 | | verification service; or (v) the last 4 digits to the Illinois | 3 | | State Board of Elections for purposes of voter registration | 4 | | and as may be required pursuant to an agreement for a | 5 | | multi-state voter registration list maintenance system. The | 6 | | Secretary retains the right to require additional verification | 7 | | regarding the validity of a request from law enforcement. If | 8 | | social security information is disclosed by the Secretary in | 9 | | accordance with this Section, no liability shall rest with the | 10 | | Office of the Secretary of State or any of its officers or | 11 | | employees, as the information is released for official | 12 | | purposes only. | 13 | | (f) The Secretary of State shall not provide facial | 14 | | recognition search services or photographs obtained in the | 15 | | process of issuing an identification card to any federal, | 16 | | State, or local law enforcement agency or other governmental | 17 | | entity for the purpose of enforcing federal immigration laws. | 18 | | This subsection shall not apply to requests from federal, | 19 | | State, or local law enforcement agencies or other governmental | 20 | | entities for facial recognition search services or photographs | 21 | | obtained in the process of issuing a driver's license or | 22 | | permit when the purpose of the request relates to criminal | 23 | | activity other than violations of immigration laws. | 24 | | (g) Notwithstanding any other provision of law, the | 25 | | Secretary may not release highly restricted personal | 26 | | information or personally identifying information or disclose |
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| 1 | | documents described in subsection (d) to any immigration | 2 | | agent , as defined in Section 10 of the Illinois TRUST Act, | 3 | | unless necessary to comply with the following, to the extent | 4 | | that production of such information or documents is | 5 | | specifically required: | 6 | | (1) a lawful court order; | 7 | | (2) a judicial warrant signed by a judge appointed | 8 | | pursuant to Article III of the Constitution of the United | 9 | | States; or | 10 | | (3) a subpoena for individual records issued by a | 11 | | federal or State court. | 12 | | When responding to such a court order, warrant, or | 13 | | subpoena, the Secretary shall disclose only those documents or | 14 | | information specifically requested. Within 3 business days of | 15 | | receiving such a court order, warrant, or subpoena, the | 16 | | Secretary shall send a notification to the individual about | 17 | | whom such information was requested that a court order, | 18 | | warrant, or subpoena was received and the identity of the | 19 | | entity that presented the court order, warrant, or subpoena. | 20 | | As used in this subsection, "immigration agent" means an | 21 | | agent of federal Immigration and Customs Enforcement, federal | 22 | | Customs and Border Protection, or any similar or successor | 23 | | agency. | 24 | | (h) The Secretary shall not enter into or maintain any | 25 | | agreement regarding the sharing of any highly restricted | 26 | | personal information or personally identifying information or |
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| 1 | | documents described in subsection (d) unless all other parties | 2 | | to such agreement certify that the information obtained will | 3 | | not be used for civil immigration purposes or knowingly | 4 | | disseminated to any third party for any purpose related to | 5 | | civil immigration enforcement. | 6 | | (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.) | 7 | | Section 15. The Illinois Vehicle Code is amended by | 8 | | changing Section 6-110.3 as follows: | 9 | | (625 ILCS 5/6-110.3) | 10 | | (This Section may contain text from a Public Act with a | 11 | | delayed effective date ) | 12 | | Sec. 6-110.3. Restrictions on use of information for | 13 | | certain purposes. | 14 | | (a) Notwithstanding any other provision of law, the | 15 | | Secretary may not release or make accessible in any manner any | 16 | | highly restricted personal information as defined in Section | 17 | | 1-125.9 or personally identifying information as defined in | 18 | | Section 1-159.2, provide images, photos, or facial recognition | 19 | | services as described in Section 6-110.1, or disclose | 20 | | documents as described in Section 6-110.2 to any immigration | 21 | | agent as defined in Section 10 of the Illinois TRUST Act, | 22 | | unless necessary to comply with the following, to the extent | 23 | | that production of such information or documents is | 24 | | specifically required: |
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| 1 | | (1) a lawful court order; | 2 | | (2) a judicial warrant signed by a judge appointed | 3 | | pursuant to Article III of the Constitution of the United | 4 | | States; or | 5 | | (3) a subpoena for individual records issued by a | 6 | | federal or State court. | 7 | | When responding to such a court order, warrant, or | 8 | | subpoena, the Secretary shall disclose only those documents or | 9 | | information specifically requested. Within 3 business days of | 10 | | receiving such a court order, warrant, or subpoena, the | 11 | | Secretary shall send a notification to the individual about | 12 | | whom such information was requested that a court order, | 13 | | warrant, or subpoena was received and the identity of the | 14 | | entity that presented the court order, warrant, or subpoena. | 15 | | As used in this subsection, "immigration agent" means an | 16 | | agent of federal Immigration and Customs Enforcement, federal | 17 | | Customs and Border Protection, or any similar or successor | 18 | | agency. | 19 | | (b) The Secretary shall not enter into or maintain any | 20 | | agreement regarding the sharing of any highly restricted | 21 | | personal information as defined in Section 1-125.9, personally | 22 | | identifying information as defined in Section 1-159.2, images | 23 | | or photos described in Section 6-110.1, or documents described | 24 | | in Section 6-110.2 unless all other parties to such agreement | 25 | | certify that the information obtained will not be used for | 26 | | civil immigration purposes or knowingly disseminated to any |
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| 1 | | third party for any purpose related to civil immigration | 2 | | enforcement. | 3 | | (Source: P.A. 103-210, eff. 7-1-24.) | 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act. | 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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