Public Act 90-0191 of the 90th General Assembly

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Public Act 90-0191

HB1169 Enrolled                               LRB9001594NTsbB

    AN ACT concerning the Secretary of State, amending  named
Acts.

    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 4 as follows:

    (15 ILCS 335/4) (from Ch. 124, par. 24)
    Sec.  4.  Identification Card. (a) The Secretary of State
shall issue a standard Illinois Identification  Card  to  any
natural person who is a resident of the State of Illinois who
applies  for such card, or renewal thereof, together with the
prescribed fees.  The card shall be prepared and supplied  by
the  Secretary of State and shall include a photograph of the
applicant.  The applicant, upon receipt of a card  and  prior
to its use for any purpose, shall affix his signature thereon
in  the space provided therefor.  The Illinois Identification
Card may be used for identification purposes  in  any  lawful
situation  only  by the person to whom it was issued. As used
in this Act,  "photograph"  means  any  color  photograph  or
digitally  produced and captured image of an applicant for an
identification card.  As used in this Act, "signature"  means
the  name  of a person as written by that person and captured
in a manner acceptable to the Secretary of State.
    (b)  The  Secretary  of  State  shall  issue  a   special
Illinois  Identification  Card,  which  shall  be known as an
Illinois Disabled Person Identification Card, to any  natural
person  who  is a resident of the State of Illinois, who is a
disabled person as defined in Section 4A  of  this  Act,  who
applies  for such card, or renewal thereof.  The Secretary of
State shall charge no fee to issue such card.  The card shall
be prepared and supplied by the Secretary of State, and shall
include  a  photograph  of  the  applicant,   a   designation
indicating  that  the  card  is  an  Illinois Disabled Person
Identification  Card,  and  shall  include  a  comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A  of  this  Act.   If  the
applicant  so  requests, the card shall include a description
of the applicant's disability and any information  about  the
applicant's disability or medical history which the Secretary
determines  would  be  helpful  to  the applicant in securing
emergency medical care.  The applicant, upon receipt of  such
a  card  and  prior  to  its  use for any purpose, shall have
affixed thereon in the space provided therefor his  signature
or mark.  If a mark is used in lieu of a signature, such mark
shall be affixed to the card in the presence of two witnesses
who  attest  to  the  authenticity of the mark.  The Illinois
Disabled  Person  Identification  Card  may   be   used   for
identification purposes in any lawful situation by the person
to whom it was issued.
    The  Illinois  Disabled Person Identification Card may be
used as adequate documentation of disability  in  lieu  of  a
physician's   determination   of   disability  or  any  other
documentation of disability whenever any State  law  requires
that   a   disabled  person  provide  such  documentation  of
disability,   however    an    Illinois    Disabled    Person
Identification  Card  shall  not  qualify  the  cardholder to
participate in any program or to receive any benefit which is
not  available  to  all  persons  with   like   disabilities.
Notwithstanding  any  other  provisions  of  law, an Illinois
Disabled Person Identification Card,  or  evidence  that  the
Secretary  of  State  has  issued an Illinois Disabled Person
Identification Card, shall not be used by  any  person  other
than  the  person named on such card to prove that the person
named on such card is a disabled  person  or  for  any  other
purpose unless the card is used for the benefit of the person
named  on  such  card,  and  the  person  named  on such card
consents to such use at the time the card is so used.
    When medical information  is  contained  on  an  Illinois
Disabled  Person  Identification  Card,  the  Office  of  the
Secretary  of State shall not be liable for any actions taken
based upon that medical information.
    (c)  Beginning January 1, 1986, the  Secretary  of  State
shall   provide   that  each  original  or  renewal  Illinois
Identification   Card    or    Illinois    Disabled    Person
Identification  Card  issued to a person under the age of 21,
shall  be  of  a  distinct   nature   from   those   Illinois
Identification    Cards    or    Illinois   Disabled   Person
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Disabled Person Identification Cards for  persons
under  the  age  of  21  shall  be  at  the discretion of the
Secretary of State.
    (d)  The Secretary of State may issue  a  Senior  Citizen
discount card, to any natural person who is a resident of the
State  of  Illinois  who  is 60 years of age or older and who
applies for such a card or renewal thereof.  The Secretary of
State shall charge no fee to issue such card.  The card shall
be issued in every county  and  applications  shall  be  made
available  at,  but  not  limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging.   The  applicant,
upon  receipt  of  such  card  and  prior  to its use for any
purpose, shall have affixed thereon  in  the  space  provided
therefor his signature or mark.
(Source: P.A. 84-1308.)

    Section  10.   The  Illinois  Vehicle  Code is amended by
changing Sections 6-106, 6-106.1, 6-110, 6-117,  and  6-301.2
and adding Sections 1-159.3, 1-188.2 and 6-110.1 as follows:
    (625 ILCS 5/1-159.3 new)
    Sec.   1-159.3.  Photograph.   Any  color  photograph  or
digitally produced and captured image of an applicant  for  a
driver's license or permit.

    (625 ILCS 5/1-188.2 new)
    Sec.  1-188.2.  Signature.   The  name  of  a  person  as
written by that person and captured in a manner acceptable to
the Secretary of State.

    (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
    Sec.   6-106.  Application  for  license  or  instruction
permit.
    (a)  Every  application  for  any   permit   or   license
authorized  to  be issued under this Act shall be made upon a
form furnished by the Secretary of State.  Every  application
shall  be  accompanied  by the proper fee and payment of such
fee shall entitle the applicant to not more than  3  attempts
to  pass  the examination within a period of 1 year after the
date of application.
    (b)  Every  application  shall  state  the  name,  social
security number, zip code, date of birth, sex, and  residence
address  of  the  applicant;  briefly describe the applicant;
state whether the applicant has theretofore been licensed  as
a  driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled,  suspended,
revoked  or refused, and, if so, the date and reason for such
cancellation,  suspension,  revocation  or   refusal;   shall
include  an affirmation by the applicant that all information
set forth is true and correct; and shall bear the applicant's
signature, written with pen and ink.   The  application  form
may  also  require  the statement of such additional relevant
information as the Secretary of State shall deem necessary to
determine the applicant's  competency  and  eligibility.  The
Secretary of State may in his discretion substitute a federal
tax  number  in  lieu  of a social security number, or he may
instead assign  an  additional  distinctive  number  in  lieu
thereof,  where  an  applicant  is  prohibited  by  bona fide
religious  convictions  from  applying  or  is  exempt   from
applying for a social security number. The Secretary of State
shall,  however,  determine  which  religious orders or sects
have such bona fide religious convictions. The  Secretary  of
State  may, in his discretion, by rule or regulation, provide
that an application for  a  drivers  license  or  permit  may
include  a  suitable  photograph of the applicant in the form
prescribed by the Secretary, and he may further provide  that
each  drivers  license  shall  include  a  photograph  of the
driver. The Secretary  of  State  may  utilize  a  photograph
process  or  system  most  suitable  to  deter  alteration or
improper reproduction of a drivers  license  and  to  prevent
substitution of another photo thereon.
    (c)  The  application  form shall include a notice to the
applicant of the registration obligations  of  sex  offenders
under the Sex Offender Registration Act.  The notice shall be
provided  in a form and manner prescribed by the Secretary of
State.  For purposes of this subsection (c),  "sex  offender"
has  the  meaning  ascribed  to  it  in  Section 2 of the Sex
Offender Registration Act.
(Source: P.A. 89-8, eff. 1-1-96.)

    (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
    Sec. 6-106.1.  School bus driver permit.
    (a)  The Secretary of State  shall  issue  a  school  bus
driver  permit  to  those  applicants  who  have  met all the
requirements of the application and screening  process  under
this Section to insure the welfare and safety of children who
are  transported  on  school  buses  throughout  the State of
Illinois.  Applicants shall  obtain  the  proper  application
required  by the Secretary of State from their prospective or
current employer and submit the completed application to  the
prospective  or  current  employer  along  with the necessary
fingerprint submission as required by the Department of State
Police  to  conduct  fingerprint  based  criminal  background
checks on current and future  information  available  in  the
state  system  and  current information available through the
Federal Bureau of  Investigation's  system.   Applicants  who
have  completed  the fingerprinting requirements shall not be
subjected to the fingerprinting  process  when  applying  for
subsequent   permits   or   submitting  proof  of  successful
completion of the annual refresher course.   Individuals  who
on  the effective date of this Act possess a valid school bus
driver  permit  that  has  been  previously  issued  by   the
appropriate Regional School Superintendent are not subject to
the  fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse.  The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but  not  limited  to,
the amounts established by the Department of State Police and
the  Federal  Bureau  of Investigation to process fingerprint
based criminal background investigations. All fees  paid  for
fingerprint  processing  services under this Section shall be
deposited into the State Police Services Fund  for  the  cost
incurred   in   processing  the  fingerprint  based  criminal
background investigations.  All other fees  paid  under  this
Section shall be deposited into the Road Fund for the purpose
of   defraying  the  costs  of  the  Secretary  of  State  in
administering this Section.  All applicants must:
         1.  be 21 years of age or older;
         2.  possess a valid and properly classified driver's
    license issued by the Secretary of State;
         3.  possess a valid driver's license, which has  not
    been  revoked or suspended, for 3 years immediately prior
    to the date of application;
         4.  successfully pass a written  test,  administered
    by  the  Secretary  of  State,  on  school bus operation,
    school bus safety, and special traffic laws  relating  to
    school  buses  and  submit to a review of the applicant's
    driving habits by the Secretary of State at the time  the
    written test is given;
         5.  demonstrate  ability to exercise reasonable care
    in the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
         6.  demonstrate physical fitness to  operate  school
    buses by submitting the results of a medical examination,
    including  tests  for  drug  use  for  each applicant not
    subject  to  such  testing  pursuant  to   federal   law,
    conducted  by  a licensed physician within 90 days of the
    date of application according to standards promulgated by
    the Secretary of State;
         7.  affirm under penalties of perjury that he or she
    has not made a false statement or knowingly  concealed  a
    material fact in any application for permit;
         8.  have  completed  an  initial  classroom  course,
    including  first  aid  procedures,  in  school bus driver
    safety as promulgated by  the  Secretary  of  State;  and
    after  satisfactory  completion of said initial course an
    annual refresher course; such courses and the  agency  or
    organization conducting such courses shall be approved by
    the  Secretary  of  State; failure to complete the annual
    refresher course, shall result  in  cancellation  of  the
    permit until such course is completed;
         9.  not  have  been  convicted  of 2 or more serious
    traffic offenses, as defined by  rule,  within  one  year
    prior  to  the  date of application that may endanger the
    life or safety of any of the driver's  passengers  within
    the duration of the permit period;
         10.  not  have  been  convicted of reckless driving,
    driving while intoxicated, or reckless homicide resulting
    from the operation of a motor vehicle within 3  years  of
    the date of application;
         11.  not   have  been  convicted  of  committing  or
    attempting to commit any one or  more  of  the  following
    offenses:   (i)  those  offenses defined in Sections 9-1,
    9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7,  11-6,
    11-9,  11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
    11-19.1, 11-19.2, 11-20, 11-20.1, 11-21,  11-22,  12-4.3,
    12-4.4,   12-4.5,  12-6,  12-7.1,  12-11,  12-13,  12-14,
    12-14.1, 12-15,  12-16,  12-21.5,  12-21.6,  18-1,  18-2,
    18-3,  18-4,  20-1,  20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
    31A-1.1, and 33A-2, and in subsection (a) and  subsection
    (b),  clause (1), of Section 12-4 of the Criminal Code of
    1961; (ii) those offenses defined in the Cannabis Control
    Act except those offenses defined in subsections (a)  and
    (b)  of Section 4, and subsection (a) of Section 5 of the
    Cannabis Control Act; (iii) those offenses defined in the
    Illinois Controlled  Substances  Act;  (iv)  any  offense
    committed  or attempted in any other state or against the
    laws  of  the  United  States,  which  if  committed   or
    attempted  in  this  State  would be punishable as one or
    more of the foregoing offenses; (v) the offenses  defined
    in  Section 4.1 and 5.1 of the Wrongs to Children Act and
    (vi) those offenses defined in Section 6-16 of the Liquor
    Control Act of 1934;
         12.  not have been repeatedly involved as  a  driver
    in  motor vehicle collisions or been repeatedly convicted
    of offenses against laws and  ordinances  regulating  the
    movement  of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care  in  the
    safe  operation  of a motor vehicle or disrespect for the
    traffic laws and the safety of  other  persons  upon  the
    highway;
         13.  not  have,  through the unlawful operation of a
    motor vehicle, caused an accident resulting in the  death
    of any person; and
         14.  not   have,  within  the  last  5  years,  been
    adjudged to be  afflicted  with  or  suffering  from  any
    mental disability or disease.
    (b)  A  school  bus  driver  permit  shall be valid for a
period specified by the Secretary of State as  set  forth  by
rule.   It  shall not be renewable, but a new permit shall be
issued upon compliance with subsection (a) of this Section.
    (c)  A  school  bus  driver  permit  shall  contain   the
holder's  driver's  license  number, name, address, zip code,
social security number and date of birth, a brief description
of the holder and a space for signature.   The  Secretary  of
State may require a suitable photograph of the holder.
    (d)  The  employer  shall be responsible for conducting a
pre-employment interview with prospective school  bus  driver
candidates,  distributing  school bus driver applications and
medical  forms  to  be  completed  by  the   applicant,   and
submitting   the   applicant's   fingerprint   cards  to  the
Department of State Police that are required for the criminal
background investigations.  The  employer  shall  certify  in
writing  to  the  Secretary  of State that all pre-employment
conditions have been  successfully  completed  including  the
successful   completion  of  an  Illinois  specific  criminal
background investigation  through  the  Department  of  State
Police  and  the  submission of necessary fingerprints to the
Federal  Bureau  of  Investigation   for   criminal   history
information   available   through   the   Federal  Bureau  of
Investigation  system.   The  applicant  shall  present   the
certification  to  the  Secretary  of  State  at  the time of
submitting the school bus driver permit application.
    (e)  Permits  shall   initially   be   provisional   upon
receiving   certification   from   the   employer   that  all
pre-employment conditions have been  successfully  completed,
and   upon   successful   completion   of  all  training  and
examination  requirements  for  the  classification  of   the
vehicle   to  be  operated,  the  Secretary  of  State  shall
provisionally issue a School Bus Driver Permit.   The  permit
shall  remain  in a provisional status pending the completion
of the Federal Bureau of Investigation's criminal  background
investigation  based  upon fingerprinting specimens submitted
to the Federal Bureau of Investigation by the  Department  of
State  Police.   The  Federal  Bureau  of Investigation shall
report the findings directly to the Secretary of State.   The
Secretary  of  State  shall remove the bus driver permit from
provisional status upon the applicant's successful completion
of the Federal Bureau of Investigation's criminal  background
investigation.
    (f)  A  school  bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would  make  him  or  her
ineligible for a permit under subsection (a) of this Section.
The  written  notification shall be made within 5 days of the
entry of the conviction.  Failure of  the  permit  holder  to
provide the notification is punishable as a petty offense for
a  first  violation and a Class B misdemeanor for a second or
subsequent violation.
    (g)  Cancellation; suspension; notice and procedure.
         (1)  The Secretary of State shall  cancel  a  school
    bus   driver   permit  of  an  applicant  whose  criminal
    background investigation discloses that he or she is  not
    in  compliance  with  the provisions of subsection (a) of
    this Section.
         (2)  The Secretary of State shall  cancel  a  school
    bus driver permit when he or she receives notice that the
    permit  holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
         (3)  The Secretary of State shall  cancel  a  school
    bus  driver  permit  if  the  permit  holder's restricted
    commercial or commercial driving privileges are withdrawn
    or otherwise invalidated.
         (4)  The Secretary of State may not issue  a  school
    bus driver permit for a period of 3 years to an applicant
    who  fails  to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this  Section  or
    under federal law.
         (5)  The  Secretary of State shall forthwith suspend
    a school bus driver permit for a period of 3  years  upon
    receiving  notice  that the holder has failed to obtain a
    negative result on a drug test as required in item  6  of
    subsection (a) of this Section or under federal law.
    The   Secretary   of   State   shall   notify  the  State
Superintendent  of  Education   and   the   permit   holder's
prospective  or  current  employer that the applicant has (1)
has failed a criminal background investigation or (2)  is  no
longer  eligible  for  a school bus driver permit; and of the
related cancellation of the  applicant's  provisional  school
bus  driver  permit.  The cancellation shall remain in effect
pending the outcome of a hearing pursuant  to  Section  2-118
of  this  Code.  The scope of the hearing shall be limited to
the issuance criteria contained in  subsection  (a)  of  this
Section.   A petition requesting a hearing shall be submitted
to the Secretary of State and shall contain  the  reason  the
individual feels he or she is entitled to a school bus driver
permit.  The permit holder's employer shall notify in writing
to the Secretary of State that the employer has certified the
removal of the offending school bus driver from service prior
to  the start of that school bus driver's next workshift.  An
employing school board that fails  to  remove  the  offending
school  bus  driver  from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A  school  bus
contractor  who  violates  a  provision  of  this  Section is
subject to the penalties defined in Section 6-106.11.
    All valid school bus driver  permits  issued  under  this
Section  prior  to  January  1,  1995, shall remain effective
until their expiration date unless otherwise invalidated.
(Source:  P.A.  88-612,  eff.  7-1-95;  89-71,  eff.  1-1-96;
89-120, eff.  7-7-95;  89-375,  eff.  8-18-95;  89-428,  eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)

    (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
applicant qualifying a driver's license as applied  for,  the
license  shall  bear  a distinguishing number assigned to the
licensee, the name, social security number, zip code, date of
birth, address, and a brief description of the licensee,  and
a space where the licensee may write his usual signature.
    If the licensee is less than 17 years of age, the license
shall,  as  a  matter of law, be invalid for the operation of
any motor vehicle during any time the licensee is  prohibited
from  being  on any street or highway under the provisions of
the Child Curfew Act.
    Licenses issued shall also  indicate  the  classification
and the restrictions under Section 6-104 of this Code.
    In  lieu of the social security number, the Secretary may
in his discretion substitute a federal tax  number  or  other
distinctive number.
    A  driver's  license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
    (b)  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 Uniform 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.
    (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  the
reverse side of 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.  88-78;  88-393; 88-670, eff. 12-2-94; 89-569,
eff. 1-1-97.)

    (625 ILCS 5/6-110.1 new)
    Sec. 6-110.1.  Confidentiality of captured photographs or
images.  The Secretary of State shall maintain a file  on  or
contract  to  file all photographs and signatures obtained in
the  process  of  issuing  a  driver's  license,  permit,  or
identification card.  The photographs and signatures shall be
confidential  and  shall  not  be  disclosed  except  to  the
following persons:
         (1)  the individual upon written request;
         (2)  officers and  employees  of  the  Secretary  of
    State who have a need to have access to the stored images
    for   purposes   of   issuing  and  controlling  driver's
    licenses, permits, or identification cards;
         (3)  law enforcement officials for a lawful,  civil,
    or criminal law enforcement investigation; or
         (4)  other  entities  as the Secretary may exempt by
    rule.

    (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
    Sec. 6-117.  Records to  be  kept  by  the  Secretary  of
State.   (a)   The   Secretary  of  State  shall  file  every
application for a  license  or  permit  accepted  under  this
Chapter,  and  shall  maintain  suitable indexes thereof. The
records of the Secretary of State shall indicate  the  action
taken with respect to such applications.
    (b)  The  Secretary  of  State shall maintain appropriate
records of  all  licenses  and  permits  refused,  cancelled,
revoked  or suspended and of the revocation and suspension of
driving  privileges  of  persons  not  licensed  under   this
Chapter,  and  such  records  shall note the reasons for such
action.
    (c)  The Secretary of State  shall  maintain  appropriate
records  of  convictions reported under this Chapter. Records
of conviction may be maintained  in  a  computer  processible
medium.
    (d)  The Secretary of State may also maintain appropriate
records of any accident reports received.
    (e)  The   Secretary   of   State   shall  also  maintain
appropriate records relative to  a  driver's  referral  to  a
driver remedial or rehabilitative program, as required by the
Secretary of State or the courts.  Such records shall only be
available for use by the Secretary, law enforcement agencies,
the   courts,   and  the  affected  driver  or,  upon  proper
verification, such affected driver's attorney.
    (f)  The  Secretary  of  State  shall  also  maintain  or
contract to maintain appropriate records of  all  photographs
and  signatures  obtained  in  the  process  of  issuing  any
driver's license, permit, or identification card.  The record
shall  be  confidential  and shall not be disclosed except to
those entities listed under Section 6-110.1 of this Code.
(Source: P.A. 85-1396.)

    (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
    Sec. 6-301.2.  Fraudulent driver's license or permit.
    (a)  As used in this Section:
         1.  "A fraudulent driver's license or permit"  means
    any  license  or  permit which purports to be an official
    driver's license  or  permit  for  which  a  computerized
    number and file have not been created by the Secretary of
    State  or  other  official  driver's  license  agency  in
    another jurisdiction;
         2.  "A   driver's  license-making  or  permit-making
    implement" means  any  implement  specially  designed  or
    primarily   used   in   the   manufacture,   assembly  or
    authentication of an official driver's license issued  by
    the Secretary of State or other official driver's license
    or   permit   agency   in   another  jurisdiction.   Such
    implements include, but are not limited to, cameras  used
    for  creating  driver's  license  or  permit photographs,
    camera cards, or driver's license or permit laminates.

    (b)  It is a violation of this Section for any person:
         1.  To knowingly  possess  any  fraudulent  driver's
    license or permit;
         2.  To  knowingly  possess,  display  or cause to be
    displayed any fraudulent driver's license or  permit  for
    the purpose of obtaining any account, credit, credit card
    or  debit  card  from  a  bank,  financial institution or
    retail mercantile establishment;
         3.  To knowingly  possess  any  fraudulent  driver's
    license  or  permit  with  the  intent to commit a theft,
    deception or credit or debit card fraud in  violation  of
    any   law   of  this  State  or  any  law  of  any  other
    jurisdiction;
         4.  To knowingly  possess  any  fraudulent  driver's
    license  or  permit  with  the intent to commit any other
    violation of any laws of this State or  any  law  of  any
    other  jurisdiction  for  which  a  sentence to a term of
    imprisonment in a penitentiary for one year  or  more  is
    provided;
         5.  To  knowingly  possess  any  fraudulent driver's
    license or permit while in unauthorized possession of any
    document, instrument  or  device  capable  of  defrauding
    another;
         6.  To  knowingly  possess  any  fraudulent driver's
    license or permit with the intent to use the  license  or
    permit to acquire any other identification document;
         7.  To   knowingly  possess  without  authority  any
    driver's license-making or permit-making implement;
         8.  To knowingly possess any stolen driver's license
    making or permit-making implement;
         9.  To knowingly  duplicate,  manufacture,  sell  or
    transfer any fraudulent driver's license or permit;
         10.  To  advertise  or distribute any information or
    materials that promote the selling, giving, or furnishing
    of a fraudulent driver's license or permit.

    (c)  Sentence.
         1.  Any person convicted of a violation of paragraph
    1 of subsection (b) of this Section shall be guilty of  a
    Class  4  felony and shall be sentenced to a minimum fine
    of $500 or 50 hours of community service,  preferably  at
    an alcohol abuse prevention program, if available.
         2.  Any  person  convicted  of a violation of any of
    paragraphs 2 through 9 of subsection (b) of this  Section
    shall  be guilty of a Class 4 felony.  A person convicted
    of a second or subsequent violation shall be guilty of  a
    Class 3 felony.
         3.  Any person convicted of a violation of paragraph
    10 of subsection (b) of this Section shall be guilty of a
    Class B misdemeanor.
    (d)  This   Section   does   not  prohibit  any  lawfully
authorized  investigative,  protective,  law  enforcement  or
other activity of any agency of the United States,  State  of
Illinois or any other state or political subdivision thereof.
    (e)  The  Secretary  may  request the Attorney General to
seek a restraining order in the  circuit  court  against  any
person  who  violates  this Section by advertising fraudulent
driver's licenses or permits.
(Source: P.A. 88-210; 89-283, eff. 1-1-96.)

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