Full Text of HB5348 101st General Assembly
HB5348 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5348 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/4 | from Ch. 124, par. 24 |
15 ILCS 335/12 | from Ch. 124, par. 32 |
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Amends the Illinois Identification Card Act. Provides for the issuance of standard Illinois Identification Cards and limited-term Illinois Identification Cards free of charge to persons upon release from a county jail. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Sections 4 and 12 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 | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof. No identification card shall be issued to any person | 12 | | who holds a valid
foreign state
identification card, license, | 13 | | or permit unless the person first surrenders to
the Secretary | 14 | | of
State the valid foreign state identification card, license, | 15 | | or permit. The card shall be prepared and
supplied by the | 16 | | Secretary of State and shall include a photograph and signature | 17 | | or mark of the
applicant. However, the Secretary of State may | 18 | | provide by rule for the issuance of Illinois Identification | 19 | | Cards without photographs if the applicant has a bona fide | 20 | | religious objection to being photographed or to the display of | 21 | | his or her photograph. The Illinois Identification Card may be | 22 | | used for
identification purposes in any lawful situation only | 23 | | by the person to
whom it was issued.
As used in this Act, |
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| 1 | | "photograph" means any color photograph or digitally
produced | 2 | | and captured image of an applicant for an identification card. | 3 | | As
used in this Act, "signature" means the name of a person as | 4 | | written by that
person and captured in a manner acceptable to | 5 | | the Secretary of State. | 6 | | (a-5) If an applicant for an identification card has a | 7 | | current driver's license or instruction permit issued by the | 8 | | Secretary of State, the Secretary may require the applicant to | 9 | | utilize the same residence address and name on the | 10 | | identification card, driver's license, and instruction permit | 11 | | records maintained by the Secretary. The Secretary may | 12 | | promulgate rules to implement this provision.
| 13 | | (a-10) If the applicant is a judicial officer as defined in | 14 | | Section 1-10 of the Judicial Privacy Act or a peace officer, | 15 | | the applicant may elect to have his or her office or work | 16 | | address listed on the card instead of the applicant's residence | 17 | | or mailing address. The Secretary may promulgate rules to | 18 | | implement this provision. For the purposes of this subsection | 19 | | (a-10), "peace officer" means any person who by virtue of his | 20 | | or her office or public employment is vested by law with a duty | 21 | | to maintain public order or to make arrests for a violation of | 22 | | any penal statute of this State, whether that duty extends to | 23 | | all violations or is limited to specific violations. | 24 | | (a-15) The Secretary of State may provide for an expedited | 25 | | process for the issuance of an Illinois Identification Card. | 26 | | The Secretary shall charge an additional fee for the expedited |
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| 1 | | issuance of an Illinois Identification Card, to be set by rule, | 2 | | not to exceed $75. All fees collected by the Secretary for | 3 | | expedited Illinois Identification Card service shall be | 4 | | deposited into the Secretary of State Special Services Fund. | 5 | | The Secretary may adopt rules regarding the eligibility, | 6 | | process, and fee for an expedited Illinois Identification Card. | 7 | | If the Secretary of State determines that the volume of | 8 | | expedited identification card requests received on a given day | 9 | | exceeds the ability of the Secretary to process those requests | 10 | | in an expedited manner, the Secretary may decline to provide | 11 | | expedited services, and the additional fee for the expedited | 12 | | service shall be refunded to the applicant. | 13 | | (a-20) The Secretary of State shall issue a standard | 14 | | Illinois Identification Card to a committed person upon release | 15 | | on parole, mandatory supervised release, aftercare release, | 16 | | final discharge, or pardon from the Department of Corrections | 17 | | or Department of Juvenile Justice, or upon release from a | 18 | | county jail, if the released person presents a certified copy | 19 | | of his or her birth certificate, social security card or other | 20 | | documents authorized by the Secretary, and 2 documents proving | 21 | | his or her Illinois residence address. Documents proving | 22 | | residence address may include any official document of the | 23 | | Department of Corrections or the Department of Juvenile | 24 | | Justice , or any official document of the applicable county | 25 | | sheriff, showing the released person's address after release | 26 | | and a Secretary of State prescribed certificate of residency |
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| 1 | | form, which may be executed by Department of Corrections or | 2 | | Department of Juvenile Justice personnel , or by county sheriff | 3 | | personnel . | 4 | | (a-25) The Secretary of State shall issue a limited-term | 5 | | Illinois Identification Card valid for 90 days to a committed | 6 | | person upon release on parole, mandatory supervised release, | 7 | | aftercare release, final discharge, or pardon from the | 8 | | Department of Corrections or Department of Juvenile Justice, or | 9 | | upon release from a county jail, if the released person is | 10 | | unable to present a certified copy of his or her birth | 11 | | certificate and social security card or other documents | 12 | | authorized by the Secretary, but does present a Secretary of | 13 | | State prescribed verification form completed by the Department | 14 | | of Corrections or Department of Juvenile Justice, or by the | 15 | | applicable county sheriff, verifying the released person's | 16 | | date of birth and social security number and 2 documents | 17 | | proving his or her Illinois residence address. The verification | 18 | | form must have been completed no more than 30 days prior to the | 19 | | date of application for the Illinois Identification Card. | 20 | | Documents proving residence address shall include any official | 21 | | document of the Department of Corrections or the Department of | 22 | | Juvenile Justice , or any official document of the applicable | 23 | | county sheriff, showing the person's address after release and | 24 | | a Secretary of State prescribed certificate of residency, which | 25 | | may be executed by Department of Corrections or Department of | 26 | | Juvenile Justice personnel , or by county sheriff personnel . |
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| 1 | | Prior to the expiration of the 90-day period of the | 2 | | limited-term Illinois Identification Card, if the released | 3 | | person submits to the Secretary of State a certified copy of | 4 | | his or her birth certificate and his or her social security | 5 | | card or other documents authorized by the Secretary, a standard | 6 | | Illinois Identification Card shall be issued. A limited-term | 7 | | Illinois Identification Card may not be renewed. | 8 | | (a-30) The Secretary of State shall issue a standard | 9 | | Illinois Identification Card to a person upon conditional | 10 | | release or absolute discharge from the custody of the | 11 | | Department of Human Services, if the person presents a | 12 | | certified copy of his or her birth certificate, social security | 13 | | card, or other documents authorized by the Secretary, and a | 14 | | document proving his or her Illinois residence address. The | 15 | | Secretary of State shall issue a standard Illinois | 16 | | Identification Card to a person no sooner than 14 days prior to | 17 | | his or her conditional release or absolute discharge if | 18 | | personnel from the Department of Human Services bring the | 19 | | person to a Secretary of State location with the required | 20 | | documents. Documents proving residence address may include any | 21 | | official document of the Department of Human Services showing | 22 | | the person's address after release and a Secretary of State | 23 | | prescribed verification form, which may be executed by | 24 | | personnel of the Department of Human Services. | 25 | | (a-35) The Secretary of State shall issue a limited-term | 26 | | Illinois Identification Card valid for 90 days to a person upon |
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| 1 | | conditional release or absolute discharge from the custody of | 2 | | the Department of Human Services, if the person is unable to | 3 | | present a certified copy of his or her birth certificate and | 4 | | social security card or other documents authorized by the | 5 | | Secretary, but does present a Secretary of State prescribed | 6 | | verification form completed by the Department of Human | 7 | | Services, verifying the person's date of birth and social | 8 | | security number, and a document proving his or her Illinois | 9 | | residence address. The verification form must have been | 10 | | completed no more than 30 days prior to the date of application | 11 | | for the Illinois Identification Card. The Secretary of State | 12 | | shall issue a limited-term Illinois Identification Card to a | 13 | | person no sooner than 14 days prior to his or her conditional | 14 | | release or absolute discharge if personnel from the Department | 15 | | of Human Services bring the person to a Secretary of State | 16 | | location with the required documents. Documents proving | 17 | | residence address shall include any official document of the | 18 | | Department of Human Services showing the person's address after | 19 | | release and a Secretary of State prescribed verification form, | 20 | | which may be executed
by personnel of the Department of Human | 21 | | Services. | 22 | | (b) The Secretary of State shall issue a special Illinois
| 23 | | Identification Card, which shall be known as an Illinois Person | 24 | | with a Disability
Identification Card, to any natural person | 25 | | who is a resident of the State
of Illinois, who is a person | 26 | | with a disability as defined in Section 4A of this Act,
who |
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| 1 | | applies for such card, or renewal thereof. No Illinois Person | 2 | | with a Disability Identification Card shall be issued to any | 3 | | person who
holds a valid
foreign state identification card, | 4 | | license, or permit unless the person first
surrenders to the
| 5 | | Secretary of State the valid foreign state identification card, | 6 | | license, or
permit. The Secretary of State
shall charge no fee | 7 | | to issue such card. The card shall be prepared and
supplied by | 8 | | the Secretary of State, and shall include a photograph and | 9 | | signature or mark of the
applicant, a designation indicating | 10 | | that the card is an Illinois
Person with a Disability | 11 | | Identification Card, and shall include a comprehensible | 12 | | designation
of the type and classification of the applicant's | 13 | | disability as set out in
Section 4A of this Act. However, the | 14 | | Secretary of State may provide by rule for the issuance of | 15 | | Illinois Person with a Disability Identification Cards without | 16 | | photographs if the applicant has a bona fide religious | 17 | | objection to being photographed or to the display of his or her | 18 | | photograph. If the applicant so requests, the card shall
| 19 | | include a description of the applicant's disability and any | 20 | | information
about the applicant's disability or medical | 21 | | history which the Secretary
determines would be helpful to the | 22 | | applicant in securing emergency medical
care. If a mark is used | 23 | | in lieu of a signature, such mark
shall be affixed to the card | 24 | | in the presence of two witnesses who attest to
the authenticity | 25 | | of the mark. The Illinois
Person with a Disability | 26 | | Identification Card may be used for identification purposes
in |
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| 1 | | any lawful situation by the person to whom it was issued.
| 2 | | The Illinois Person with a Disability Identification Card | 3 | | may be used as adequate
documentation of disability in lieu of | 4 | | a physician's determination of
disability, a determination of | 5 | | disability from a physician assistant, a determination of | 6 | | disability from an advanced practice registered
nurse, or any
| 7 | | other documentation
of disability whenever
any
State law
| 8 | | requires that a person with a disability provide such | 9 | | documentation of disability,
however an Illinois Person with a | 10 | | Disability Identification Card shall not qualify
the | 11 | | cardholder to participate in any program or to receive any | 12 | | benefit
which is not available to all persons with like | 13 | | disabilities.
Notwithstanding any other provisions of law, an | 14 | | Illinois Person with a Disability
Identification Card, or | 15 | | evidence that the Secretary of State has issued an
Illinois | 16 | | Person with a Disability Identification Card, shall not be used | 17 | | by any
person other than the person named on such card to prove | 18 | | that the person
named on such card is a person with a | 19 | | disability or for any other purpose unless the
card is used for | 20 | | the benefit of the person named on such card, and the
person | 21 | | named on such card consents to such use at the time the card is | 22 | | so used.
| 23 | | An optometrist's determination of a visual disability | 24 | | under Section 4A of this Act is acceptable as documentation for | 25 | | the purpose of issuing an Illinois Person with a Disability | 26 | | Identification Card. |
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| 1 | | When medical information is contained on an Illinois Person | 2 | | with a Disability
Identification Card, the Office of the | 3 | | Secretary of State shall not be
liable for any actions taken | 4 | | based upon that medical information.
| 5 | | (c) The Secretary of State shall provide
that each original | 6 | | or renewal Illinois Identification Card or Illinois
Person with | 7 | | a Disability Identification Card issued to a person under the | 8 | | age of 21
shall be of a distinct nature from those Illinois | 9 | | Identification Cards or
Illinois Person with a Disability | 10 | | Identification Cards issued to individuals 21
years of age or | 11 | | older. The color designated for Illinois Identification
Cards | 12 | | or Illinois Person with a Disability Identification Cards for | 13 | | persons under
the age of 21 shall be at the discretion of the | 14 | | Secretary of State.
| 15 | | (c-1) Each original or renewal Illinois
Identification | 16 | | Card or Illinois Person with a Disability Identification Card | 17 | | issued to
a person under the age of 21 shall display the date | 18 | | upon which the person
becomes 18 years of age and the date upon | 19 | | which the person becomes 21 years of
age.
| 20 | | (c-3) The General Assembly recognizes the need to identify | 21 | | military veterans living in this State for the purpose of | 22 | | ensuring that they receive all of the services and benefits to | 23 | | which they are legally entitled, including healthcare, | 24 | | education assistance, and job placement. To assist the State in | 25 | | identifying these veterans and delivering these vital services | 26 | | and benefits, the Secretary of State is authorized to issue |
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| 1 | | Illinois Identification Cards and Illinois Person with a | 2 | | Disability Identification Cards with the word "veteran" | 3 | | appearing on the face of the cards. This authorization is | 4 | | predicated on the unique status of veterans. The Secretary may | 5 | | not issue any other identification card which identifies an | 6 | | occupation, status, affiliation, hobby, or other unique | 7 | | characteristics of the identification card holder which is | 8 | | unrelated to the purpose of the identification card.
| 9 | | (c-5) Beginning on or before July 1, 2015, the Secretary of | 10 | | State shall designate a space on each original or renewal | 11 | | identification card where, at the request of the applicant, the | 12 | | word "veteran" shall be placed. The veteran designation shall | 13 | | be available to a person identified as a veteran under | 14 | | subsection (b) of Section 5 of this Act who was discharged or | 15 | | separated under honorable conditions. | 16 | | (d) The Secretary of State may issue a Senior Citizen
| 17 | | discount card, to any natural person who is a resident of the | 18 | | State of
Illinois who is 60 years of age or older and who | 19 | | applies for such a card or
renewal thereof. The Secretary of | 20 | | State shall charge no fee to issue such
card. The card shall be | 21 | | issued in every county and applications shall be
made available | 22 | | at, but not limited to, nutrition sites, senior citizen
centers | 23 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 24 | | card and prior to its use for any purpose, shall have affixed | 25 | | thereon in
the space provided therefor his signature or mark.
| 26 | | (e) The Secretary of State, in his or her discretion, may |
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| 1 | | designate on each Illinois
Identification Card or Illinois | 2 | | Person with a Disability Identification Card a space where the | 3 | | card holder may place a sticker or decal, issued by the | 4 | | Secretary of State, of uniform size as the Secretary may | 5 | | specify, that shall indicate in appropriate language that the | 6 | | card holder has renewed his or her Illinois
Identification Card | 7 | | or Illinois Person with a Disability Identification Card. | 8 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 9 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | 10 | | 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
| 11 | | (15 ILCS 335/12) (from Ch. 124, par. 32) | 12 | | Sec. 12. Fees concerning standard Illinois Identification | 13 | | Cards. The fees required under this Act for standard Illinois
| 14 | | Identification Cards must accompany any application provided | 15 | | for in this
Act, and the Secretary shall collect such fees as | 16 | | follows: | |
17 | | a. Original card ............................... | $20 | |
18 | | b. Renewal card ................................ | 20 | |
19 | | c. Corrected card .............................. | 10 | |
20 | | d. Duplicate card .............................. | 20 | |
21 | | e. Certified copy with seal ................... | 5 | |
22 | | f. (Blank) | | |
23 | | g. Applicant 65 years of age or over .......... | No Fee | |
24 | | h. (Blank) | | |
25 | | i. Individual living in Veterans | | |
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| 1 | | Home or Hospital ........................... | No Fee | |
2 | | j. Original card under 18 years of age .......... | $5 | |
3 | | k. Renewal card under 18 years of age ........... | $5 | |
4 | | l. Corrected card under 18 years of age ......... | $5 | |
5 | | m. Duplicate card under 18 years of age ......... | $5 | |
6 | | n. Homeless person .............................. | No Fee | |
7 | | o. Duplicate card issued to an active-duty | | |
8 | | member of the United States Armed Forces, the | | |
9 | | member's spouse, or dependent children | | |
10 | | living with the member ...................... | No Fee | |
11 | | p. Duplicate temporary card ..................... | $5 | |
12 | | q. First card issued to a youth | | |
13 | | for whom the Department of Children | | |
14 | | and Family Services is legally responsible | | |
15 | | or a foster child upon turning the age of | | |
16 | | 16 years old until he or she reaches | | |
17 | | the age of 21 years old ..................... | No Fee | |
18 | | r. Original card issued to a committed | | |
19 | | person upon release on parole, | | |
20 | | mandatory supervised release, | | |
21 | | aftercare release, final | | |
22 | | discharge, or pardon from the | | |
23 | | Department of Corrections or | | |
24 | | Department of Juvenile Justice , | | |
25 | | or upon release from a | | |
26 | | county jail ................................. | No Fee | |
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| 1 | | s. Limited-term Illinois Identification | | |
2 | | Card issued to a committed person | | |
3 | | upon release on parole, mandatory | | |
4 | | supervised release, aftercare | | |
5 | | release, final discharge, or pardon | | |
6 | | from the Department of | | |
7 | | Corrections or Department of | | |
8 | | Juvenile Justice , or upon release | | |
9 | | from a county jail .......................... | No Fee | |
10 | | t. Original card issued to a | | |
11 | | person up to 14 days prior | | |
12 | | to or upon conditional release | | |
13 | | or absolute discharge from | | |
14 | | the Department of Human Services ............ | No Fee | |
15 | | u. Limited-term Illinois Identification | | |
16 | | Card issued to a person up to | | |
17 | | 14 days prior to or upon | | |
18 | | conditional release or absolute discharge | | |
19 | | from the Department of Human Services ....... | No Fee |
| 20 | | All fees collected under this Act shall be paid into the | 21 | | Road Fund of the State treasury, except that the following | 22 | | amounts shall be paid into the General Revenue Fund:
(i) 80% of | 23 | | the fee for an original, renewal, or duplicate Illinois | 24 | | Identification Card issued on or after January 1, 2005;
and | 25 | | (ii) 80% of the fee for a corrected Illinois Identification | 26 | | Card issued on or after January 1, 2005.
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| 1 | | An individual, who resides in a veterans home or veterans | 2 | | hospital
operated by the State or federal government, who makes | 3 | | an application for an
Illinois Identification Card to be issued | 4 | | at no fee, must submit, along
with the application, an | 5 | | affirmation by the applicant on a form provided by
the | 6 | | Secretary of State, that such person resides in a veterans home | 7 | | or
veterans hospital operated by the State or federal | 8 | | government. | 9 | | The application of a homeless individual for an Illinois | 10 | | Identification Card to be issued at no fee must be accompanied | 11 | | by an affirmation by a qualified person, as defined in Section | 12 | | 4C of this Act, on a form provided by the Secretary of State, | 13 | | that the applicant is currently homeless as defined in Section | 14 | | 1A of this Act. | 15 | | For the application for the first Illinois Identification | 16 | | Card of a youth for whom the Department of Children and Family | 17 | | Services is legally responsible or a foster child to be issued | 18 | | at no fee, the youth must submit, along with the application, | 19 | | an affirmation by his or her court appointed attorney or an | 20 | | employee of the Department of Children and Family Services on a | 21 | | form provided by the Secretary of State, that the person is a | 22 | | youth for whom the Department of Children and Family Services | 23 | | is legally responsible or a foster child. | 24 | | The fee for any duplicate identification card shall be | 25 | | waived for any person who presents the Secretary of State's | 26 | | Office with a police report showing that his or her |
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| 1 | | identification card was stolen. | 2 | | The fee for any duplicate identification card shall be | 3 | | waived for any person age 60 or older whose identification card | 4 | | has been lost or stolen. | 5 | | As used in this Section, "active-duty member of the United | 6 | | States Armed Forces" means a member of the Armed Services or | 7 | | Reserve Forces of the United States or a member of the Illinois | 8 | | National Guard who is called to active duty pursuant to an | 9 | | executive order of the President of the United States, an act | 10 | | of the Congress of the United States, or an order of the | 11 | | Governor. | 12 | | (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19; | 13 | | 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff. | 14 | | 1-1-20 .)
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