Illinois General Assembly - Full Text of HB5915
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Full Text of HB5915  99th General Assembly

HB5915 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5915

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Amends the Illinois Identification Card Act. Provides that the Secretary of State shall provide a temporary Illinois Identification Card valid for a period not exceeding 30 days upon the release of any committed person on parole, mandatory supervised release, wrongful imprisonment, final discharge, pardon, or commutation from the Department of Corrections (rather than the Department of Corrections issuing the temporary identification card). Amends the Unified Code of Corrections. Provides that the Department of Corrections shall verify a person's identifying information and provide that information to the Secretary of State before the person is released on parole, mandatory supervision, final discharge, pardon, wrongful imprisonment, or commutation. The release of the person shall not be delayed in order to obtain verification of this information.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, aftercare release, final discharge, or
14pardon from the Department of Corrections or Department of
15Juvenile Justice by submitting an identification card issued by
16the Department of Corrections or Department of Juvenile Justice
17under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
18Corrections, together with the prescribed fees. Upon receiving
19identification verification information from the Department of
20Corrections under Section 3-14-1 of the Unified Code of
21Corrections, the Secretary shall issue a temporary Illinois
22Identification Card, valid for a period not exceeding 30 days,
23upon the release of any committed person on parole, mandatory

 

 

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1supervised release, final discharge, pardon, commutation, or
2who has been wrongfully imprisoned from the Department of
3Corrections. No identification card shall be issued to any
4person who holds a valid foreign state identification card,
5license, or permit unless the person first surrenders to the
6Secretary of State the valid foreign state identification card,
7license, or permit. The card shall be prepared and supplied by
8the Secretary of State and shall include a photograph and
9signature or mark of the applicant. However, the Secretary of
10State may provide by rule for the issuance of Illinois
11Identification Cards without photographs if the applicant has a
12bona fide religious objection to being photographed or to the
13display of his or her photograph. The Illinois Identification
14Card may be used for identification purposes in any lawful
15situation only by the person to whom it was issued. As used in
16this Act, "photograph" means any color photograph or digitally
17produced and captured image of an applicant for an
18identification card. As used in this Act, "signature" means the
19name of a person as written by that person and captured in a
20manner acceptable to the Secretary of State. The Secretary
21shall adopt rules governing the issuance of temporary
22identification cards to committed persons under this
23subsection (a). The Secretary shall not be held civilly or
24criminally liable to anyone because of any act of any person
25utilizing a temporary Illinois Identification Card issued by
26the Secretary under this subsection (a).

 

 

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

 

 

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1process, and fee for an expedited Illinois Identification Card.
2If the Secretary of State determines that the volume of
3expedited identification card requests received on a given day
4exceeds the ability of the Secretary to process those requests
5in an expedited manner, the Secretary may decline to provide
6expedited services, and the additional fee for the expedited
7service shall be refunded to the applicant.
8    (b) The Secretary of State shall issue a special Illinois
9Identification Card, which shall be known as an Illinois Person
10with a Disability Identification Card, to any natural person
11who is a resident of the State of Illinois, who is a person
12with a disability as defined in Section 4A of this Act, who
13applies for such card, or renewal thereof. No Illinois Person
14with a Disability Identification Card shall be issued to any
15person who holds a valid foreign state identification card,
16license, or permit unless the person first surrenders to the
17Secretary of State the valid foreign state identification card,
18license, or permit. The Secretary of State shall charge no fee
19to issue such card. The card shall be prepared and supplied by
20the Secretary of State, and shall include a photograph and
21signature or mark of the applicant, a designation indicating
22that the card is an Illinois Person with a Disability
23Identification Card, and shall include a comprehensible
24designation of the type and classification of the applicant's
25disability as set out in Section 4A of this Act. However, the
26Secretary of State may provide by rule for the issuance of

 

 

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1Illinois Person with a Disability Identification Cards without
2photographs if the applicant has a bona fide religious
3objection to being photographed or to the display of his or her
4photograph. If the applicant so requests, the card shall
5include a description of the applicant's disability and any
6information about the applicant's disability or medical
7history which the Secretary determines would be helpful to the
8applicant in securing emergency medical care. If a mark is used
9in lieu of a signature, such mark shall be affixed to the card
10in the presence of two witnesses who attest to the authenticity
11of the mark. The Illinois Person with a Disability
12Identification Card may be used for identification purposes in
13any lawful situation by the person to whom it was issued.
14    The Illinois Person with a Disability Identification Card
15may be used as adequate documentation of disability in lieu of
16a physician's determination of disability, a determination of
17disability from a physician assistant, a determination of
18disability from an advanced practice nurse, or any other
19documentation of disability whenever any State law requires
20that a person with a disability provide such documentation of
21disability, however an Illinois Person with a Disability
22Identification Card shall not qualify the cardholder to
23participate in any program or to receive any benefit which is
24not available to all persons with like disabilities.
25Notwithstanding any other provisions of law, an Illinois Person
26with a Disability Identification Card, or evidence that the

 

 

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1Secretary of State has issued an Illinois Person with a
2Disability Identification Card, shall not be used by any person
3other than the person named on such card to prove that the
4person named on such card is a person with a disability or for
5any other purpose unless the card is used for the benefit of
6the person named on such card, and the person named on such
7card consents to such use at the time the card is so used.
8    An optometrist's determination of a visual disability
9under Section 4A of this Act is acceptable as documentation for
10the purpose of issuing an Illinois Person with a Disability
11Identification Card.
12    When medical information is contained on an Illinois Person
13with a Disability Identification Card, the Office of the
14Secretary of State shall not be liable for any actions taken
15based upon that medical information.
16    (c) The Secretary of State shall provide that each original
17or renewal Illinois Identification Card or Illinois Person with
18a Disability Identification Card issued to a person under the
19age of 21 shall be of a distinct nature from those Illinois
20Identification Cards or Illinois Person with a Disability
21Identification Cards issued to individuals 21 years of age or
22older. The color designated for Illinois Identification Cards
23or Illinois Person with a Disability Identification Cards for
24persons under the age of 21 shall be at the discretion of the
25Secretary of State.
26    (c-1) Each original or renewal Illinois Identification

 

 

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1Card or Illinois Person with a Disability Identification Card
2issued to a person under the age of 21 shall display the date
3upon which the person becomes 18 years of age and the date upon
4which the person becomes 21 years of age.
5    (c-3) The General Assembly recognizes the need to identify
6military veterans living in this State for the purpose of
7ensuring that they receive all of the services and benefits to
8which they are legally entitled, including healthcare,
9education assistance, and job placement. To assist the State in
10identifying these veterans and delivering these vital services
11and benefits, the Secretary of State is authorized to issue
12Illinois Identification Cards and Illinois Person with a
13Disability Identification Cards with the word "veteran"
14appearing on the face of the cards. This authorization is
15predicated on the unique status of veterans. The Secretary may
16not issue any other identification card which identifies an
17occupation, status, affiliation, hobby, or other unique
18characteristics of the identification card holder which is
19unrelated to the purpose of the identification card.
20    (c-5) Beginning on or before July 1, 2015, the Secretary of
21State shall designate a space on each original or renewal
22identification card where, at the request of the applicant, the
23word "veteran" shall be placed. The veteran designation shall
24be available to a person identified as a veteran under
25subsection (b) of Section 5 of this Act who was discharged or
26separated under honorable conditions.

 

 

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1    (d) The Secretary of State may issue a Senior Citizen
2discount card, to any natural person who is a resident of the
3State of Illinois who is 60 years of age or older and who
4applies for such a card or renewal thereof. The Secretary of
5State shall charge no fee to issue such card. The card shall be
6issued in every county and applications shall be made available
7at, but not limited to, nutrition sites, senior citizen centers
8and Area Agencies on Aging. The applicant, upon receipt of such
9card and prior to its use for any purpose, shall have affixed
10thereon in the space provided therefor his signature or mark.
11    (e) The Secretary of State, in his or her discretion, may
12designate on each Illinois Identification Card or Illinois
13Person with a Disability Identification Card a space where the
14card holder may place a sticker or decal, issued by the
15Secretary of State, of uniform size as the Secretary may
16specify, that shall indicate in appropriate language that the
17card holder has renewed his or her Illinois Identification Card
18or Illinois Person with a Disability Identification Card.
19(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2098-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
217-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
2210-14-15.)
 
23    Section 10. The Unified Code of Corrections is amended by
24changing Section 3-14-1 as follows:
 

 

 

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1    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
2    Sec. 3-14-1. Release from the Institution.
3    (a) Upon release of a person on parole, mandatory release,
4final discharge or pardon the Department shall return all
5property held for him, provide him with suitable clothing and
6procure necessary transportation for him to his designated
7place of residence and employment. It may provide such person
8with a grant of money for travel and expenses which may be paid
9in installments. The amount of the money grant shall be
10determined by the Department.
11    (a-1) The Department shall, before a wrongfully imprisoned
12person, as defined in Section 3-1-2 of this Code, is discharged
13from the Department, provide him or her with any documents
14necessary after discharge, and shall verify the person's
15identifying information under subsection (e) of this Section.
16including an identification card under subsection (e) of this
17Section.
18    (a-2) The Department of Corrections may establish and
19maintain, in any institution it administers, revolving funds to
20be known as "Travel and Allowances Revolving Funds". These
21revolving funds shall be used for advancing travel and expense
22allowances to committed, paroled, and discharged prisoners.
23The moneys paid into such revolving funds shall be from
24appropriations to the Department for Committed, Paroled, and
25Discharged Prisoners.
26    (b) (Blank).

 

 

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1    (c) Except as otherwise provided in this Code, the
2Department shall establish procedures to provide written
3notification of any release of any person who has been
4convicted of a felony to the State's Attorney and sheriff of
5the county from which the offender was committed, and the
6State's Attorney and sheriff of the county into which the
7offender is to be paroled or released. Except as otherwise
8provided in this Code, the Department shall establish
9procedures to provide written notification to the proper law
10enforcement agency for any municipality of any release of any
11person who has been convicted of a felony if the arrest of the
12offender or the commission of the offense took place in the
13municipality, if the offender is to be paroled or released into
14the municipality, or if the offender resided in the
15municipality at the time of the commission of the offense. If a
16person convicted of a felony who is in the custody of the
17Department of Corrections or on parole or mandatory supervised
18release informs the Department that he or she has resided,
19resides, or will reside at an address that is a housing
20facility owned, managed, operated, or leased by a public
21housing agency, the Department must send written notification
22of that information to the public housing agency that owns,
23manages, operates, or leases the housing facility. The written
24notification shall, when possible, be given at least 14 days
25before release of the person from custody, or as soon
26thereafter as possible. The written notification shall be

 

 

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1provided electronically if the State's Attorney, sheriff,
2proper law enforcement agency, or public housing agency has
3provided the Department with an accurate and up to date email
4address.
5    (c-1) (Blank).
6    (c-2) The Department shall establish procedures to provide
7notice to the Department of State Police of the release or
8discharge of persons convicted of violations of the
9Methamphetamine Control and Community Protection Act or a
10violation of the Methamphetamine Precursor Control Act. The
11Department of State Police shall make this information
12available to local, State, or federal law enforcement agencies
13upon request.
14    (c-5) If a person on parole or mandatory supervised release
15becomes a resident of a facility licensed or regulated by the
16Department of Public Health, the Illinois Department of Public
17Aid, or the Illinois Department of Human Services, the
18Department of Corrections shall provide copies of the following
19information to the appropriate licensing or regulating
20Department and the licensed or regulated facility where the
21person becomes a resident:
22        (1) The mittimus and any pre-sentence investigation
23    reports.
24        (2) The social evaluation prepared pursuant to Section
25    3-8-2.
26        (3) Any pre-release evaluation conducted pursuant to

 

 

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1    subsection (j) of Section 3-6-2.
2        (4) Reports of disciplinary infractions and
3    dispositions.
4        (5) Any parole plan, including orders issued by the
5    Prisoner Review Board, and any violation reports and
6    dispositions.
7        (6) The name and contact information for the assigned
8    parole agent and parole supervisor.
9    This information shall be provided within 3 days of the
10person becoming a resident of the facility.
11    (c-10) If a person on parole or mandatory supervised
12release becomes a resident of a facility licensed or regulated
13by the Department of Public Health, the Illinois Department of
14Public Aid, or the Illinois Department of Human Services, the
15Department of Corrections shall provide written notification
16of such residence to the following:
17        (1) The Prisoner Review Board.
18        (2) The chief of police and sheriff in the municipality
19    and county in which the licensed facility is located.
20    The notification shall be provided within 3 days of the
21person becoming a resident of the facility.
22    (d) Upon the release of a committed person on parole,
23mandatory supervised release, final discharge or pardon, the
24Department shall provide such person with information
25concerning programs and services of the Illinois Department of
26Public Health to ascertain whether such person has been exposed

 

 

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1to the human immunodeficiency virus (HIV) or any identified
2causative agent of Acquired Immunodeficiency Syndrome (AIDS).
3    (e) Upon the release of a committed person on parole,
4mandatory supervised release, final discharge, pardon, or who
5has been wrongfully imprisoned, the Department shall verify the
6person's identifying information as correct and immediately
7provide this information to the Secretary of State for the
8issuance of a temporary Illinois Identification Card under
9Section 4 of the Illinois Identification Card Act. The
10Department shall not delay the release of the person in order
11to obtain the correct identifying information. The Department
12shall adopt rules governing the process of verifying
13identification information under this Section. provide the
14person who has met the criteria established by the Department
15with an identification card identifying the person as being on
16parole, mandatory supervised release, final discharge, pardon,
17or wrongfully imprisoned, as the case may be. The Department,
18in consultation with the Office of the Secretary of State,
19shall prescribe the form of the identification card, which may
20be similar to the form of the standard Illinois Identification
21Card. The Department shall inform the committed person that he
22or she may present the identification card to the Office of the
23Secretary of State upon application for a standard Illinois
24Identification Card in accordance with the Illinois
25Identification Card Act. The Department shall require the
26committed person to pay a $1 fee for the identification card.

 

 

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1    For purposes of a committed person receiving an
2identification card issued by the Department under this
3subsection, the Department shall establish criteria that the
4committed person must meet before the card is issued. It is the
5sole responsibility of the committed person requesting the
6identification card issued by the Department to meet the
7established criteria. The person's failure to meet the criteria
8is sufficient reason to deny the committed person the
9identification card. An identification card issued by the
10Department under this subsection shall be valid for a period of
11time not to exceed 30 calendar days from the date the card is
12issued. The Department shall not be held civilly or criminally
13liable to anyone because of any act of any person utilizing a
14card issued by the Department under this subsection.
15    The Department shall adopt rules governing the issuance of
16identification cards to committed persons being released on
17parole, mandatory supervised release, final discharge, or
18pardon.
19    (f) Forty-five days prior to the scheduled discharge of a
20person committed to the custody of the Department of
21Corrections, the Department shall give the person who is
22otherwise uninsured an opportunity to apply for health care
23coverage including medical assistance under Article V of the
24Illinois Public Aid Code in accordance with subsection (b) of
25Section 1-8.5 of the Illinois Public Aid Code, and the
26Department of Corrections shall provide assistance with

 

 

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1completion of the application for health care coverage
2including medical assistance. The Department may adopt rules to
3implement this Section.
4(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)