| ![](/images/1ptrans.gif) |
Public Act 103-0888 Public Act 0888 103RD GENERAL ASSEMBLY | Public Act 103-0888 | SB0856 Enrolled | LRB103 03315 RPS 48321 b |
|
| AN ACT concerning State government. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Illinois Identification Card Act is amended | by changing Section 5 as follows: | (15 ILCS 335/5) (from Ch. 124, par. 25) | (Text of Section before amendment by P.A. 103-210 ) | Sec. 5. Applications. | (a) Any natural person who is a resident of the State of | Illinois may file an application for an identification card, | or for the renewal thereof, in a manner prescribed by the | Secretary. Each original application shall be completed by the | applicant in full and shall set forth the legal name, | residence address and zip code, social security number, birth | date, sex and a brief description of the applicant. The | applicant shall be photographed, unless the Secretary of State | has provided by rule for the issuance of identification cards | without photographs and the applicant is deemed eligible for | an identification card without a photograph under the terms | and conditions imposed by the Secretary of State, and he or she | shall also submit any other information as the Secretary may | deem necessary or such documentation as the Secretary may | require to determine the identity of the applicant. In |
| addition to the residence address, the Secretary may allow the | applicant to provide a mailing address. If the applicant is an | employee of the Department of Children and Family Services | with a job title of "Child Protection Specialist Trainee", | "Child Protection Specialist", "Child Protection Advanced | Specialist", "Child Welfare Specialist Trainee", "Child | Welfare Specialist", or "Child Welfare Advanced Specialist" or | a judicial officer as defined in Section 1-10 of the Judicial | Privacy Act or a peace officer, the applicant may elect to have | his or her office or work address in lieu of the applicant's | residence or mailing address. An applicant for an Illinois | Person with a Disability Identification Card must also submit | with each original or renewal application, on forms prescribed | by the Secretary, such documentation as the Secretary may | require, establishing that the applicant is a "person with a | disability" as defined in Section 4A of this Act, and setting | forth the applicant's type and class of disability as set | forth in Section 4A of this Act. For the purposes of this | subsection (a), "peace officer" means any person who by virtue | of his or her office or public employment is vested by law with | a duty to maintain public order or to make arrests for a | violation of any penal statute of this State, whether that | duty extends to all violations or is limited to specific | violations. | (a-5) Upon the first issuance of a request for proposals | for a digital driver's license and identification card |
| issuance and facial recognition system issued after January 1, | 2020 (the effective date of Public Act 101-513), and upon | implementation of a new or revised system procured pursuant to | that request for proposals, the Secretary shall permit | applicants to choose between "male", "female", or "non-binary" | when designating the applicant's sex on the identification | card application form. The sex designated by the applicant | shall be displayed on the identification card issued to the | applicant. | (b) Beginning on or before July 1, 2015, for each original | or renewal identification card application under this Act, the | Secretary shall inquire as to whether the applicant is a | veteran for purposes of issuing an identification card with a | veteran designation under subsection (c-5) of Section 4 of | this Act. The acceptable forms of proof shall include, but are | not limited to, Department of Defense form DD-214, Department | of Defense form DD-256 for applicants who did not receive a | form DD-214 upon the completion of initial basic training, | Department of Defense form DD-2 (Retired), an identification | card issued under the federal Veterans Identification Card Act | of 2015, or a United States Department of Veterans Affairs | summary of benefits letter. If the document cannot be stamped, | the Illinois Department of Veterans' Affairs shall provide a | certificate to the veteran to provide to the Secretary of | State. The Illinois Department of Veterans' Affairs shall | advise the Secretary as to what other forms of proof of a |
| person's status as a veteran are acceptable. | For each applicant who is issued an identification card | with a veteran designation, the Secretary shall provide the | Department of Veterans' Affairs with the applicant's name, | address, date of birth, gender, and such other demographic | information as agreed to by the Secretary and the Department. | The Department may take steps necessary to confirm the | applicant is a veteran. If after due diligence, including | writing to the applicant at the address provided by the | Secretary, the Department is unable to verify the applicant's | veteran status, the Department shall inform the Secretary, who | shall notify the applicant that he or she must confirm status | as a veteran, or the identification card will be cancelled. | For purposes of this subsection (b): | "Armed forces" means any of the Armed Forces of the United | States, including a member of any reserve component or | National Guard unit. | "Veteran" means a person who has served in the armed | forces and was discharged or separated under honorable | conditions. | (c) All applicants for REAL ID compliant standard Illinois | Identification Cards and Illinois Person with a Disability | Identification Cards shall provide proof of lawful status in | the United States as defined in 6 CFR 37.3, as amended. | Applicants who are unable to provide the Secretary with proof | of lawful status are ineligible for REAL ID compliant |
| identification cards under this Act. | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | (Text of Section after amendment by P.A. 103-210 ) | Sec. 5. Applications. | (a) Any natural person who is a resident of the State of | Illinois may file an application for an identification card, | or for the renewal thereof, in a manner prescribed by the | Secretary. Each original application shall be completed by the | applicant in full and shall set forth the legal name, | residence address and zip code, social security number, if the | person has a social security number, birth date, sex and a | brief description of the applicant. The applicant shall be | photographed, unless the Secretary of State has provided by | rule for the issuance of identification cards without | photographs and the applicant is deemed eligible for an | identification card without a photograph under the terms and | conditions imposed by the Secretary of State, and he or she | shall also submit any other information as the Secretary may | deem necessary or such documentation as the Secretary may | require to determine the identity of the applicant. In | addition to the residence address, the Secretary may allow the | applicant to provide a mailing address. If the applicant is an | employee of the Department of Children and Family Services | with a job title of "Child Protection Specialist Trainee", |
| "Child Protection Specialist", "Child Protection Advanced | Specialist", "Child Welfare Specialist Trainee", "Child | Welfare Specialist" or "Child Welfare Advanced Specialist or a | judicial officer as defined in Section 1-10 of the Judicial | Privacy Act or a peace officer, the applicant may elect to have | his or her office or work address in lieu of the applicant's | residence or mailing address. An applicant for an Illinois | Person with a Disability Identification Card must also submit | with each original or renewal application, on forms prescribed | by the Secretary, such documentation as the Secretary may | require, establishing that the applicant is a "person with a | disability" as defined in Section 4A of this Act, and setting | forth the applicant's type and class of disability as set | forth in Section 4A of this Act. For the purposes of this | subsection (a), "peace officer" means any person who by virtue | of his or her office or public employment is vested by law with | a duty to maintain public order or to make arrests for a | violation of any penal statute of this State, whether that | duty extends to all violations or is limited to specific | violations. | (a-5) Upon the first issuance of a request for proposals | for a digital driver's license and identification card | issuance and facial recognition system issued after January 1, | 2020 (the effective date of Public Act 101-513), and upon | implementation of a new or revised system procured pursuant to | that request for proposals, the Secretary shall permit |
| applicants to choose between "male", "female", or "non-binary" | when designating the applicant's sex on the identification | card application form. The sex designated by the applicant | shall be displayed on the identification card issued to the | applicant. | (b) Beginning on or before July 1, 2015, for each original | or renewal identification card application under this Act, the | Secretary shall inquire as to whether the applicant is a | veteran for purposes of issuing an identification card with a | veteran designation under subsection (c-5) of Section 4 of | this Act. The acceptable forms of proof shall include, but are | not limited to, Department of Defense form DD-214, Department | of Defense form DD-256 for applicants who did not receive a | form DD-214 upon the completion of initial basic training, | Department of Defense form DD-2 (Retired), an identification | card issued under the federal Veterans Identification Card Act | of 2015, or a United States Department of Veterans Affairs | summary of benefits letter. If the document cannot be stamped, | the Illinois Department of Veterans' Affairs shall provide a | certificate to the veteran to provide to the Secretary of | State. The Illinois Department of Veterans' Affairs shall | advise the Secretary as to what other forms of proof of a | person's status as a veteran are acceptable. | For each applicant who is issued an identification card | with a veteran designation, the Secretary shall provide the | Department of Veterans' Affairs with the applicant's name, |
| address, date of birth, gender, and such other demographic | information as agreed to by the Secretary and the Department. | The Department may take steps necessary to confirm the | applicant is a veteran. If after due diligence, including | writing to the applicant at the address provided by the | Secretary, the Department is unable to verify the applicant's | veteran status, the Department shall inform the Secretary, who | shall notify the applicant that he or she must confirm status | as a veteran, or the identification card will be cancelled. | For purposes of this subsection (b): | "Armed forces" means any of the Armed Forces of the United | States, including a member of any reserve component or | National Guard unit. | "Veteran" means a person who has served in the armed | forces and was discharged or separated under honorable | conditions. | (c) All applicants for REAL ID compliant standard Illinois | Identification Cards and Illinois Person with a Disability | Identification Cards shall provide proof of lawful status in | the United States as defined in 6 CFR 37.3, as amended. | Applicants who are unable to provide the Secretary with proof | of lawful status are ineligible for REAL ID compliant | identification cards under this Act. | (d) The Secretary of State may accept, as proof of date of | birth and written signature for any applicant for a standard | identification card who does not have a social security number |
| or documentation issued by the United States Department of | Homeland Security authorizing the applicant's presence in this | country, any passport validly issued to the applicant from the | applicant's country of citizenship or a consular | identification document validly issued to the applicant by a | consulate of that country as defined in Section 5 of the | Consular Identification Document Act. Any such documents must | be either unexpired or presented by an applicant within 2 | years of its expiration date. | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) | Section 10. The Illinois Vehicle Code is amended by | changing Section 6-110 as follows: | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | Sec. 6-110. Licenses issued to drivers. | (a) The Secretary of State shall issue to every qualifying | applicant a driver's license as applied for, which license | shall bear a distinguishing number assigned to the licensee, | the legal name, signature, zip code, date of birth, residence | address, and a brief description of the licensee. | Licenses issued shall also indicate the classification and | the restrictions under Section 6-104 of this Code. The | Secretary may adopt rules to establish informational | restrictions that can be placed on the driver's license | regarding specific conditions of the licensee. |
| A driver's license issued may, in the discretion of the | Secretary, include a suitable photograph of a type prescribed | by the Secretary. | (a-1) If the licensee is less than 18 years of age, unless | one of the exceptions in subsection (a-2) apply, the license | shall, as a matter of law, be invalid for the operation of any | motor vehicle during the following times: | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | Sunday; and | (C) Between 10:00 p.m. on Sunday to Thursday, | inclusive, and 6:00 a.m. on the following day. | (a-2) The driver's license of a person under the age of 18 | shall not be invalid as described in subsection (a-1) of this | Section if the licensee under the age of 18 was: | (1) accompanied by the licensee's parent or guardian | or other person in custody or control of the minor; | (2) on an errand at the direction of the minor's | parent or guardian, without any detour or stop; | (3) in a motor vehicle involved in interstate travel; | (4) going to or returning home from an employment | activity, without any detour or stop; | (5) involved in an emergency; | (6) going to or returning home from, without any | detour or stop, an official school, religious, or other | recreational activity supervised by adults and sponsored |
| by a government or governmental agency, a civic | organization, or another similar entity that takes | responsibility for the licensee, without any detour or | stop; | (7) exercising First Amendment rights protected by the | United States Constitution, such as the free exercise of | religion, freedom of speech, and the right of assembly; or | (8) married or had been married or is an emancipated | minor under the Emancipation of Minors Act. | (a-2.5) The driver's license of a person who is 17 years of | age and has been licensed for at least 12 months is not invalid | as described in subsection (a-1) of this Section while the | licensee is participating as an assigned driver in a Safe | Rides program that meets the following criteria: | (1) the program is sponsored by the Boy Scouts of | America or another national public service organization; | and | (2) the sponsoring organization carries liability | insurance covering the program. | (a-3) If a graduated driver's license holder over the age | of 18 committed an offense against traffic regulations | governing the movement of vehicles or any violation of Section | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | the graduated driver's license holder's 18th birthday, and was | subsequently convicted of the offense, the provisions of | subsection (a-1) shall continue to apply until such time as a |
| period of 6 consecutive months has elapsed without an | additional violation and subsequent conviction of an offense | against traffic regulations governing the movement of vehicles | or Section 6-107 or Section 12-603.1 of this Code. | (a-4) If an applicant for a driver's license or | instruction permit has a current identification card issued by | the Secretary of State, the Secretary may require the | applicant to utilize the same residence address and name on | the identification card, driver's license, and instruction | permit records maintained by the Secretary. The Secretary may | promulgate rules to implement this provision. | (a-5) If an applicant for a driver's license is an | employee of the Department of Children and Family Services | with a job title of "Child Protection Specialist Trainee", | "Child Protection Specialist", "Child Protection Advanced | Specialist", "Child Welfare Specialist Trainee", "Child | Welfare Specialist", or "Child Welfare Advanced Specialist" or | a judicial officer or a peace officer, the applicant may elect | to have his or her office or work address listed on the license | instead of the applicant's residence or mailing address. The | Secretary of State shall adopt rules to implement this | subsection (a-5). For the purposes of this subsection (a-5), | "peace officer" means any person who by virtue of his or her | office or public employment is vested by law with a duty to | maintain public order or to make arrests for a violation of any | penal statute of this State, whether that duty extends to all |
| violations or is limited to specific violations. | (b) Until the Secretary of State establishes a First | Person Consent organ and tissue donor registry under Section | 6-117 of this Code, the Secretary of State shall provide a | format on the reverse of each driver's license issued which | the licensee may use to execute a document of gift conforming | to the provisions of the Illinois Anatomical Gift Act. The | format shall allow the licensee to indicate the gift intended, | whether specific organs, any organ, or the entire body, and | shall accommodate the signatures of the donor and 2 witnesses. | The Secretary shall also inform each applicant or licensee of | this format, describe the procedure for its execution, and may | offer the necessary witnesses; provided that in so doing, the | Secretary shall advise the applicant or licensee that he or | she is under no compulsion to execute a document of gift. A | brochure explaining this method of executing an anatomical | gift document shall be given to each applicant or licensee. | The brochure shall advise the applicant or licensee that he or | she is under no compulsion to execute a document of gift, and | that he or she may wish to consult with family, friends or | clergy before doing so. The Secretary of State may undertake | additional efforts, including education and awareness | activities, to promote organ and tissue donation. | (c) The Secretary of State shall designate on each | driver's license issued a space where the licensee may place a | sticker or decal of the uniform size as the Secretary may |
| specify, which sticker or decal may indicate in appropriate | language that the owner of the license carries an Emergency | Medical Information Card. | The sticker may be provided by any person, hospital, | school, medical group, or association interested in assisting | in implementing the Emergency Medical Information Card, but | shall meet the specifications as the Secretary may by rule or | regulation require. | (d) The Secretary of State shall designate on each | driver's license issued a space where the licensee may | indicate his blood type and RH factor. | (e) The Secretary of State shall provide that each | original or renewal driver's license issued to a licensee | under 21 years of age shall be of a distinct nature from those | driver's licenses issued to individuals 21 years of age and | older. The color designated for driver's licenses for | licensees under 21 years of age shall be at the discretion of | the Secretary of State. | (e-1) The Secretary shall provide that each driver's | license issued to a person under the age of 21 displays the | date upon which the person becomes 18 years of age and the date | upon which the person becomes 21 years of age. | (e-3) The General Assembly recognizes the need to identify | military veterans living in this State for the purpose of | ensuring that they receive all of the services and benefits to | which they are legally entitled, including healthcare, |
| education assistance, and job placement. To assist the State | in identifying these veterans and delivering these vital | services and benefits, the Secretary of State is authorized to | issue drivers' licenses with the word "veteran" appearing on | the face of the licenses. This authorization is predicated on | the unique status of veterans. The Secretary may not issue any | other driver's license which identifies an occupation, status, | affiliation, hobby, or other unique characteristics of the | license holder which is unrelated to the purpose of the | driver's license. | (e-5) Beginning on or before July 1, 2015, the Secretary | of State shall designate a space on each original or renewal | driver's license where, at the request of the applicant, the | word "veteran" shall be placed. The veteran designation shall | be available to a person identified as a veteran under | subsection (e) of Section 6-106 of this Code who was | discharged or separated under honorable conditions. | (f) The Secretary of State shall inform all Illinois | licensed commercial motor vehicle operators of the | requirements of the Uniform Commercial Driver License Act, | Article V of this Chapter, and shall make provisions to insure | that all drivers, seeking to obtain a commercial driver's | license, be afforded an opportunity prior to April 1, 1992, to | obtain the license. The Secretary is authorized to extend | driver's license expiration dates, and assign specific times, | dates and locations where these commercial driver's tests |
| shall be conducted. Any applicant, regardless of the current | expiration date of the applicant's driver's license, may be | subject to any assignment by the Secretary. Failure to comply | with the Secretary's assignment may result in the applicant's | forfeiture of an opportunity to receive a commercial driver's | license prior to April 1, 1992. | (g) The Secretary of State shall designate on a driver's | license issued, a space where the licensee may indicate that | he or she has drafted a living will in accordance with the | Illinois Living Will Act or a durable power of attorney for | health care in accordance with the Illinois Power of Attorney | Act. | (g-1) The Secretary of State, in his or her discretion, | may designate on each driver's license issued a space where | the licensee may place a sticker or decal, issued by the | Secretary of State, of uniform size as the Secretary may | specify, that shall indicate in appropriate language that the | owner of the license has renewed his or her driver's license. | (h) A person who acts in good faith in accordance with the | terms of this Section is not liable for damages in any civil | action or subject to prosecution in any criminal proceeding | for his or her act. | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | 1-1-14; 98-463, eff. 8-16-13.) |
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act. | Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/9/2024
|
|
|