Illinois General Assembly - Full Text of SB2649
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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.


LRB103 35532 JDS 65604 b

 

 

A BILL FOR

 

SB2649LRB103 35532 JDS 65604 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented 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 The Illinois TRUST Act is repealed.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
7amended 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
12furnish information as to whether a person has a current
13Standard Illinois Identification Card or an Illinois Person
14with a Disability Identification Card then on file, upon
15receipt of a written application therefor accompanied with the
16prescribed fee. However, the Secretary may not disclose
17medical information concerning an individual to any person,
18public agency, private agency, corporation or governmental
19body unless the individual has submitted a written request for
20the information or unless the individual has given prior
21written consent for the release of the information to a
22specific person or entity. This exception shall not apply to:

 

 

SB2649- 2 -LRB103 35532 JDS 65604 b

1(1) offices and employees of the Secretary who have a need to
2know the medical information in performance of their official
3duties, or (2) orders of a court of competent jurisdiction.
4When medical information is disclosed by the Secretary in
5accordance with the provisions of this Section, no liability
6shall rest with the Office of the Secretary of State as the
7information is released for informational purposes only.
8    (b) Except as otherwise provided in this Section, the
9Secretary may release personally identifying information only
10to:
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
26Secretary may release highly restricted personal information

 

 

SB2649- 3 -LRB103 35532 JDS 65604 b

1only 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
14for an identification card to prove the applicant's identity
15(name and date of birth), social security number, written
16signature, residency, and, as applicable, proof of lawful
17status shall be confidential and shall not be disclosed except
18to 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

 

 

SB2649- 4 -LRB103 35532 JDS 65604 b

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
5security number or any associated information obtained from
6the Social Security Administration without the written request
7or consent of the individual except: (i) to officers and
8employees of the Secretary who have a need to know the social
9security number in the performance of their official duties;
10(ii) to law enforcement officials for a civil or criminal law
11enforcement investigation if an officer of the law enforcement
12agency has made a written request to the Secretary specifying
13the law enforcement investigation for which the social
14security number is being sought; (iii) under a lawful court
15order signed by a judge; (iv) to the Illinois Department of
16Veterans' Affairs for the purpose of confirming veteran status
17to agencies in other states responsible for the issuance of
18state identification cards for participation in State-to-State
19verification service; or (v) the last 4 digits to the Illinois
20State Board of Elections for purposes of voter registration
21and as may be required pursuant to an agreement for a
22multi-state voter registration list maintenance system. The
23Secretary retains the right to require additional verification
24regarding the validity of a request from law enforcement. If
25social security information is disclosed by the Secretary in
26accordance with this Section, no liability shall rest with the

 

 

SB2649- 5 -LRB103 35532 JDS 65604 b

1Office of the Secretary of State or any of its officers or
2employees, as the information is released for official
3purposes only.
4    (f) The Secretary of State shall not provide facial
5recognition search services or photographs obtained in the
6process of issuing an identification card to any federal,
7State, or local law enforcement agency or other governmental
8entity for the purpose of enforcing federal immigration laws.
9This subsection shall not apply to requests from federal,
10State, or local law enforcement agencies or other governmental
11entities for facial recognition search services or photographs
12obtained in the process of issuing a driver's license or
13permit when the purpose of the request relates to criminal
14activity 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
19furnish information as to whether a person has a current
20Standard Illinois Identification Card or an Illinois Person
21with a Disability Identification Card then on file, upon
22receipt of a written application therefor accompanied with the
23prescribed fee. However, the Secretary may not disclose
24medical information concerning an individual to any person,
25public agency, private agency, corporation or governmental

 

 

SB2649- 6 -LRB103 35532 JDS 65604 b

1body unless the individual has submitted a written request for
2the information or unless the individual has given prior
3written consent for the release of the information to a
4specific person or entity. This exception shall not apply to:
5(1) offices and employees of the Secretary who have a need to
6know the medical information in performance of their official
7duties, or (2) orders of a court of competent jurisdiction.
8When medical information is disclosed by the Secretary in
9accordance with the provisions of this Section, no liability
10shall rest with the Office of the Secretary of State as the
11information is released for informational purposes only.
12    (b) Except as otherwise provided in this Section, the
13Secretary may release personally identifying information only
14to:
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

 

 

SB2649- 7 -LRB103 35532 JDS 65604 b

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
5Secretary may release highly restricted personal information
6only 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
20for an identification card to prove the applicant's identity
21(name and date of birth), social security number or lack of a
22social security number, written signature, residency, and, as
23applicable, citizenship and immigration status and country of
24citizenship shall be confidential and shall not be disclosed
25except to the following persons:
26        (1) the individual to whom the identification card was

 

 

SB2649- 8 -LRB103 35532 JDS 65604 b

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
13security number or any associated information obtained from
14the Social Security Administration without the written request
15or consent of the individual except: (i) to officers and
16employees of the Secretary who have a need to know the social
17security number in the performance of their official duties;
18(ii) except as restricted by subsections (g) and (h) to law
19enforcement officials for a civil or criminal law enforcement
20investigation if an officer of the law enforcement agency has
21made a written request to the Secretary specifying the law
22enforcement investigation for which the social security number
23is being sought; (iii) under a lawful court order signed by a
24judge; (iv) to the Illinois Department of Veterans' Affairs
25for the purpose of confirming veteran status to agencies in
26other states responsible for the issuance of state

 

 

SB2649- 9 -LRB103 35532 JDS 65604 b

1identification cards for participation in State-to-State
2verification service; or (v) the last 4 digits to the Illinois
3State Board of Elections for purposes of voter registration
4and as may be required pursuant to an agreement for a
5multi-state voter registration list maintenance system. The
6Secretary retains the right to require additional verification
7regarding the validity of a request from law enforcement. If
8social security information is disclosed by the Secretary in
9accordance with this Section, no liability shall rest with the
10Office of the Secretary of State or any of its officers or
11employees, as the information is released for official
12purposes only.
13    (f) The Secretary of State shall not provide facial
14recognition search services or photographs obtained in the
15process of issuing an identification card to any federal,
16State, or local law enforcement agency or other governmental
17entity for the purpose of enforcing federal immigration laws.
18This subsection shall not apply to requests from federal,
19State, or local law enforcement agencies or other governmental
20entities for facial recognition search services or photographs
21obtained in the process of issuing a driver's license or
22permit when the purpose of the request relates to criminal
23activity other than violations of immigration laws.
24    (g) Notwithstanding any other provision of law, the
25Secretary may not release highly restricted personal
26information or personally identifying information or disclose

 

 

SB2649- 10 -LRB103 35532 JDS 65604 b

1documents described in subsection (d) to any immigration
2agent, as defined in Section 10 of the Illinois TRUST Act,
3unless necessary to comply with the following, to the extent
4that production of such information or documents is
5specifically 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
13subpoena, the Secretary shall disclose only those documents or
14information specifically requested. Within 3 business days of
15receiving such a court order, warrant, or subpoena, the
16Secretary shall send a notification to the individual about
17whom such information was requested that a court order,
18warrant, or subpoena was received and the identity of the
19entity that presented the court order, warrant, or subpoena.
20    As used in this subsection, "immigration agent" means an
21agent of federal Immigration and Customs Enforcement, federal
22Customs and Border Protection, or any similar or successor
23agency.
24    (h) The Secretary shall not enter into or maintain any
25agreement regarding the sharing of any highly restricted
26personal information or personally identifying information or

 

 

SB2649- 11 -LRB103 35532 JDS 65604 b

1documents described in subsection (d) unless all other parties
2to such agreement certify that the information obtained will
3not be used for civil immigration purposes or knowingly
4disseminated to any third party for any purpose related to
5civil 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
8changing 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
11delayed effective date)
12    Sec. 6-110.3. Restrictions on use of information for
13certain purposes.
14    (a) Notwithstanding any other provision of law, the
15Secretary may not release or make accessible in any manner any
16highly restricted personal information as defined in Section
171-125.9 or personally identifying information as defined in
18Section 1-159.2, provide images, photos, or facial recognition
19services as described in Section 6-110.1, or disclose
20documents as described in Section 6-110.2 to any immigration
21agent as defined in Section 10 of the Illinois TRUST Act,
22unless necessary to comply with the following, to the extent
23that production of such information or documents is
24specifically required:

 

 

SB2649- 12 -LRB103 35532 JDS 65604 b

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
8subpoena, the Secretary shall disclose only those documents or
9information specifically requested. Within 3 business days of
10receiving such a court order, warrant, or subpoena, the
11Secretary shall send a notification to the individual about
12whom such information was requested that a court order,
13warrant, or subpoena was received and the identity of the
14entity that presented the court order, warrant, or subpoena.
15    As used in this subsection, "immigration agent" means an
16agent of federal Immigration and Customs Enforcement, federal
17Customs and Border Protection, or any similar or successor
18agency.
19    (b) The Secretary shall not enter into or maintain any
20agreement regarding the sharing of any highly restricted
21personal information as defined in Section 1-125.9, personally
22identifying information as defined in Section 1-159.2, images
23or photos described in Section 6-110.1, or documents described
24in Section 6-110.2 unless all other parties to such agreement
25certify that the information obtained will not be used for
26civil immigration purposes or knowingly disseminated to any

 

 

SB2649- 13 -LRB103 35532 JDS 65604 b

1third party for any purpose related to civil immigration
2enforcement.
3(Source: P.A. 103-210, eff. 7-1-24.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.