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Full Text of HB5877  97th General Assembly

HB5877enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning the judiciary, which may be referred to
2as the Michael Lefkow and Donna Humphrey Judicial Privacy
3Improvement Act of 2012.
 
4    Be it enacted by the People of the State of Illinois,
5represented in the General Assembly:
 
6
ARTICLE I. GENERAL PROVISIONS

 
7    Section 1-1. Short title. This Act may be cited as the
8Judicial Privacy Act.
 
9    Section 1-5. Purpose. The purpose of this Act is to improve
10the safety and security of Illinois judicial officers to ensure
11they are able to administer justice fairly without fear of
12personal reprisal from individuals affected by the decisions
13they make in the course of carrying out their public function.
14    This Act is not intended to restrain a judicial officer
15from independently making public his or her own personal
16information. Additionally, no government agency, person,
17business, or association has any obligation under this Act to
18protect the privacy of a judicial officer's personal
19information until the judicial officer makes a written request
20that his or her personal information not be publicly posted.
21    Nothing in this Act shall be construed to impair free
22access to decisions and opinions expressed by judicial officers

 

 

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1in the course of carrying out their public functions.
 
2    Section 1-10. Definitions. As used in this Act:
3    "Government agency" includes all agencies, authorities,
4boards, commissions, departments, institutions, offices, and
5any other bodies politic and corporate of the State created by
6the constitution or statute, whether in the executive,
7judicial, or legislative branch; all units and corporate
8outgrowths created by executive order of the Governor or any
9constitutional officer, by the Supreme Court, or by resolution
10of the General Assembly; or agencies, authorities, boards,
11commissions, departments, institutions, offices, and any other
12bodies politic and corporate of a unit of local government, or
13school district.
14    "Home address" includes a judicial officer's permanent
15residence and any secondary residences affirmatively
16identified by the judicial officer, but does not include a
17judicial officer's work address.
18    "Immediate family" includes a judicial officer's spouse,
19child, parent, or any blood relative of the judicial officer or
20the judicial officer's spouse who lives in the same residence.
21    "Judicial officer" includes:
22        (1) Justices of the United States Supreme Court and the
23    Illinois Supreme Court;
24        (2) Judges of the United States Court of Appeals;
25        (3) Judges and magistrate judges of the United States

 

 

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1    District Court;
2        (4) Judges of the United States Bankruptcy Court;
3        (5) Judges of the Illinois Appellate Court; and
4        (6) Judges and associate judges of the Illinois Circuit
5    Courts.
6    "Personal information" means a home address, home
7telephone number, mobile telephone number, pager number,
8personal email address, social security number, federal tax
9identification number, checking and savings account numbers,
10credit card numbers, marital status, and identity of children
11under the age of 18.
12    "Publicly available content" means any written, printed,
13or electronic document or record that provides information or
14that serves as a document or record maintained, controlled, or
15in the possession of a government agency that may be obtained
16by any person or entity, from the Internet, from the government
17agency upon request either free of charge or for a fee, or in
18response to a request under the Freedom of Information Act.
19    "Publicly post" or "publicly display" means to communicate
20to another or otherwise make available to the general public.
21    "Written request" means written notice signed by a judicial
22officer or a representative of the judicial officer's employer
23requesting a government agency, person, business, or
24association to refrain from posting or displaying publicly
25available content that includes the judicial officer's
26personal information.
 

 

 

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1
ARTICLE II. CIVIL PROVISIONS

 
2    Section 2-1. Publicly posting or displaying a judicial
3officer's personal information by government agencies.
4    (a) Government agencies shall not publicly post or display
5publicly available content that includes a judicial officer's
6personal information, provided that the government agency has
7received a written request in accordance with Section 2-10 of
8this Act that it refrain from disclosing the judicial officer's
9personal information. After a government agency has received a
10written request, that agency shall remove the judicial
11officer's personal information from publicly available content
12within 5 business days. After the government agency has removed
13the judicial officer's personal information from publicly
14available content, the agency shall not publicly post or
15display the information and the judicial officer's personal
16information shall be exempt from the Freedom of Information Act
17unless the government agency has received consent from the
18judicial officer to make the personal information available to
19the public.
20    (b) Redress. If a government agency fails to comply with a
21written request to refrain from disclosing personal
22information, the judicial officer may bring an action seeking
23injunctive or declaratory relief in any court of competent
24jurisdiction.
 

 

 

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1    Section 2-5. Publicly posting a judicial officer's
2personal information on the Internet by persons, businesses,
3and associations.
4    (a) Prohibited Conduct.
5        (1) All persons, businesses, and associations shall
6    refrain from publicly posting or displaying on the Internet
7    publicly available content that includes a judicial
8    officer's personal information, provided that the judicial
9    officer has made a written request to the person, business,
10    or association that it refrain from disclosing the personal
11    information.
12        (2) No person, business, or association shall solicit,
13    sell, or trade on the Internet a judicial officer's
14    personal information with the intent to pose an imminent
15    and serious threat to the health and safety of the judicial
16    officer or the judicial officer's immediate family.
17        (3) This subsection includes, but is not limited to,
18    Internet phone directories, Internet search engines,
19    Internet data aggregators, and Internet service providers.
20    (b) Required Conduct.
21        (1) After a person, business, or association has
22    received a written request from a judicial officer to
23    protect the privacy of the officer's personal information,
24    that person, business, or association shall have 72 hours
25    to remove the personal information from the Internet.

 

 

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1        (2) After a person, business, or association has
2    received a written request from a judicial officer, that
3    person, business, or association shall ensure that the
4    judicial officer's personal information is not made
5    available on any website or subsidiary website controlled
6    by that person, business, or association.
7        (3) After receiving a judicial officer's written
8    request, no person, business, or association shall
9    transfer the judicial officer's personal information to
10    any other person, business, or association through any
11    medium.
12    (c) Redress.
13        A judicial officer whose personal information is made
14    public as a result of a violation of this Act may bring an
15    action seeking injunctive or declaratory relief in any
16    court of competent jurisdiction. If the court grants
17    injunctive or declaratory relief, the person, business, or
18    association responsible for the violation shall be
19    required to pay the judicial officer's costs and reasonable
20    attorney's fees.
 
21    Section 2-10. Procedure for completing a written request.
22    (a) Requirement that a judicial officer make a written
23request. No government agency, person, business, or
24association shall be found to have violated any provision of
25this Act if the judicial officer fails to submit a written

 

 

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1request calling for the protection of the officer's personal
2information.
3    (b) Written request procedure. A written request shall be
4valid if:
5        (1) The judicial officer sends a written request
6    directly to a government agency, person, business, or
7    association; or
8        (2) If the Administrative Office of the Illinois Courts
9    has a policy and procedure for a state judicial officer to
10    file the written request with the Administrative Office to
11    notify government agencies, the state judicial officer may
12    send the written request to the Administrative Office of
13    the Illinois Courts. In each quarter of a calendar year,
14    the Administrative Office of the Illinois Courts shall
15    provide a list of all state judicial officers who have
16    submitted a written request to it, to the appropriate
17    officer with ultimate supervisory authority for a
18    government agency. The officer shall promptly provide a
19    copy of the list to any and all government agencies under
20    his or her supervision. Receipt of the written request list
21    compiled by the Administrative Office of the Illinois
22    Courts by a government agency shall constitute a written
23    request to that Agency for the purposes of this Act.
24    (c) A representative from the judicial officer's employer
25may submit a written request on the judicial officer's behalf,
26provided that the judicial officer gives written consent to the

 

 

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1representative and provided that the representative agrees to
2furnish a copy of that consent when a written request is made.
3The representative shall submit the written request as provided
4in subsection (b) of this Section.
5    (d) Information to be included in the written request.
6        A judicial officer's written request shall specify
7    what personal information shall be maintained private.
8        If a judicial officer wishes to identify a secondary
9    residence as a home address as that term is defined in this
10    Act, the designation shall be made in the written request.
11        A judicial officer shall disclose the identity of the
12    officer's immediate family and indicate that the personal
13    information of these family members shall also be excluded
14    to the extent that it could reasonably be expected to
15    reveal the personal information of the judicial officer.
16    (e) Duration of the written request.
17        A judicial officer's written request is valid until the
18    judicial officer provides the government agency, person,
19    business, or association with written permission to
20    release the private information. A judicial officer's
21    written request expires on death.
 
22
ARTICLE III. CRIMINAL PROVISIONS

 
23    Section 3-1. Unlawful publication of personal information.
24It is unlawful for any person to knowingly publicly post on the

 

 

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1Internet the personal information of a judicial officer or of
2the judicial officer's immediate family if the person knows or
3reasonably should know that publicly posting the personal
4information poses an imminent and serious threat to the health
5and safety of the judicial officer or the judicial officer's
6immediate family, and the violation is a proximate cause of
7bodily injury or death of the judicial officer or a member of
8the judicial officer's immediate family. A person who violates
9this Section is guilty of a Class 3 felony.
 
10    Section 3-5. Exceptions for employees of government
11agencies. Provided that the employee of a government agency has
12complied with the conditions set forth in Article II of this
13Act, it is not a violation of Section 3-1 if an employee of a
14government agency publishes personal information, in good
15faith, on the website of the government agency in the ordinary
16course of carrying out public functions.
 
17
ARTICLE IV. MISCELLANEOUS

 
18    Section 4-1. Construction. This Act and any rules adopted
19to implement this Act shall be construed broadly to favor the
20protection of the personal information of judicial officers.
 
21    Section 4-5. Severability. If any part of this Act or its
22application to any person or circumstance is adjudged invalid,

 

 

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1such adjudication or application shall not affect the validity
2of this Act as a whole or of any other part.
 
3    Section 4-10. The Freedom of Information Act is amended by
4changing Section 7 as follows:
 
5    (5 ILCS 140/7)  (from Ch. 116, par. 207)
6    Sec. 7. Exemptions.
7    (1) When a request is made to inspect or copy a public
8record that contains information that is exempt from disclosure
9under this Section, but also contains information that is not
10exempt from disclosure, the public body may elect to redact the
11information that is exempt. The public body shall make the
12remaining information available for inspection and copying.
13Subject to this requirement, the following shall be exempt from
14inspection and copying:
15        (a) Information specifically prohibited from
16    disclosure by federal or State law or rules and regulations
17    implementing federal or State law.
18        (b) Private information, unless disclosure is required
19    by another provision of this Act, a State or federal law or
20    a court order.
21        (b-5) Files, documents, and other data or databases
22    maintained by one or more law enforcement agencies and
23    specifically designed to provide information to one or more
24    law enforcement agencies regarding the physical or mental

 

 

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1    status of one or more individual subjects.
2        (c) Personal information contained within public
3    records, the disclosure of which would constitute a clearly
4    unwarranted invasion of personal privacy, unless the
5    disclosure is consented to in writing by the individual
6    subjects of the information. "Unwarranted invasion of
7    personal privacy" means the disclosure of information that
8    is highly personal or objectionable to a reasonable person
9    and in which the subject's right to privacy outweighs any
10    legitimate public interest in obtaining the information.
11    The disclosure of information that bears on the public
12    duties of public employees and officials shall not be
13    considered an invasion of personal privacy.
14        (d) Records in the possession of any public body
15    created in the course of administrative enforcement
16    proceedings, and any law enforcement or correctional
17    agency for law enforcement purposes, but only to the extent
18    that disclosure would:
19            (i) interfere with pending or actually and
20        reasonably contemplated law enforcement proceedings
21        conducted by any law enforcement or correctional
22        agency that is the recipient of the request;
23            (ii) interfere with active administrative
24        enforcement proceedings conducted by the public body
25        that is the recipient of the request;
26            (iii) create a substantial likelihood that a

 

 

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1        person will be deprived of a fair trial or an impartial
2        hearing;
3            (iv) unavoidably disclose the identity of a
4        confidential source, confidential information
5        furnished only by the confidential source, or persons
6        who file complaints with or provide information to
7        administrative, investigative, law enforcement, or
8        penal agencies; except that the identities of
9        witnesses to traffic accidents, traffic accident
10        reports, and rescue reports shall be provided by
11        agencies of local government, except when disclosure
12        would interfere with an active criminal investigation
13        conducted by the agency that is the recipient of the
14        request;
15            (v) disclose unique or specialized investigative
16        techniques other than those generally used and known or
17        disclose internal documents of correctional agencies
18        related to detection, observation or investigation of
19        incidents of crime or misconduct, and disclosure would
20        result in demonstrable harm to the agency or public
21        body that is the recipient of the request;
22            (vi) endanger the life or physical safety of law
23        enforcement personnel or any other person; or
24            (vii) obstruct an ongoing criminal investigation
25        by the agency that is the recipient of the request.
26        (e) Records that relate to or affect the security of

 

 

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1    correctional institutions and detention facilities.
2        (f) Preliminary drafts, notes, recommendations,
3    memoranda and other records in which opinions are
4    expressed, or policies or actions are formulated, except
5    that a specific record or relevant portion of a record
6    shall not be exempt when the record is publicly cited and
7    identified by the head of the public body. The exemption
8    provided in this paragraph (f) extends to all those records
9    of officers and agencies of the General Assembly that
10    pertain to the preparation of legislative documents.
11        (g) Trade secrets and commercial or financial
12    information obtained from a person or business where the
13    trade secrets or commercial or financial information are
14    furnished under a claim that they are proprietary,
15    privileged or confidential, and that disclosure of the
16    trade secrets or commercial or financial information would
17    cause competitive harm to the person or business, and only
18    insofar as the claim directly applies to the records
19    requested.
20        The information included under this exemption includes
21    all trade secrets and commercial or financial information
22    obtained by a public body, including a public pension fund,
23    from a private equity fund or a privately held company
24    within the investment portfolio of a private equity fund as
25    a result of either investing or evaluating a potential
26    investment of public funds in a private equity fund. The

 

 

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1    exemption contained in this item does not apply to the
2    aggregate financial performance information of a private
3    equity fund, nor to the identity of the fund's managers or
4    general partners. The exemption contained in this item does
5    not apply to the identity of a privately held company
6    within the investment portfolio of a private equity fund,
7    unless the disclosure of the identity of a privately held
8    company may cause competitive harm.
9        Nothing contained in this paragraph (g) shall be
10    construed to prevent a person or business from consenting
11    to disclosure.
12        (h) Proposals and bids for any contract, grant, or
13    agreement, including information which if it were
14    disclosed would frustrate procurement or give an advantage
15    to any person proposing to enter into a contractor
16    agreement with the body, until an award or final selection
17    is made. Information prepared by or for the body in
18    preparation of a bid solicitation shall be exempt until an
19    award or final selection is made.
20        (i) Valuable formulae, computer geographic systems,
21    designs, drawings and research data obtained or produced by
22    any public body when disclosure could reasonably be
23    expected to produce private gain or public loss. The
24    exemption for "computer geographic systems" provided in
25    this paragraph (i) does not extend to requests made by news
26    media as defined in Section 2 of this Act when the

 

 

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1    requested information is not otherwise exempt and the only
2    purpose of the request is to access and disseminate
3    information regarding the health, safety, welfare, or
4    legal rights of the general public.
5        (j) The following information pertaining to
6    educational matters:
7            (i) test questions, scoring keys and other
8        examination data used to administer an academic
9        examination;
10            (ii) information received by a primary or
11        secondary school, college, or university under its
12        procedures for the evaluation of faculty members by
13        their academic peers;
14            (iii) information concerning a school or
15        university's adjudication of student disciplinary
16        cases, but only to the extent that disclosure would
17        unavoidably reveal the identity of the student; and
18            (iv) course materials or research materials used
19        by faculty members.
20        (k) Architects' plans, engineers' technical
21    submissions, and other construction related technical
22    documents for projects not constructed or developed in
23    whole or in part with public funds and the same for
24    projects constructed or developed with public funds,
25    including but not limited to power generating and
26    distribution stations and other transmission and

 

 

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1    distribution facilities, water treatment facilities,
2    airport facilities, sport stadiums, convention centers,
3    and all government owned, operated, or occupied buildings,
4    but only to the extent that disclosure would compromise
5    security.
6        (l) Minutes of meetings of public bodies closed to the
7    public as provided in the Open Meetings Act until the
8    public body makes the minutes available to the public under
9    Section 2.06 of the Open Meetings Act.
10        (m) Communications between a public body and an
11    attorney or auditor representing the public body that would
12    not be subject to discovery in litigation, and materials
13    prepared or compiled by or for a public body in
14    anticipation of a criminal, civil or administrative
15    proceeding upon the request of an attorney advising the
16    public body, and materials prepared or compiled with
17    respect to internal audits of public bodies.
18        (n) Records relating to a public body's adjudication of
19    employee grievances or disciplinary cases; however, this
20    exemption shall not extend to the final outcome of cases in
21    which discipline is imposed.
22        (o) Administrative or technical information associated
23    with automated data processing operations, including but
24    not limited to software, operating protocols, computer
25    program abstracts, file layouts, source listings, object
26    modules, load modules, user guides, documentation

 

 

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1    pertaining to all logical and physical design of
2    computerized systems, employee manuals, and any other
3    information that, if disclosed, would jeopardize the
4    security of the system or its data or the security of
5    materials exempt under this Section.
6        (p) Records relating to collective negotiating matters
7    between public bodies and their employees or
8    representatives, except that any final contract or
9    agreement shall be subject to inspection and copying.
10        (q) Test questions, scoring keys, and other
11    examination data used to determine the qualifications of an
12    applicant for a license or employment.
13        (r) The records, documents, and information relating
14    to real estate purchase negotiations until those
15    negotiations have been completed or otherwise terminated.
16    With regard to a parcel involved in a pending or actually
17    and reasonably contemplated eminent domain proceeding
18    under the Eminent Domain Act, records, documents and
19    information relating to that parcel shall be exempt except
20    as may be allowed under discovery rules adopted by the
21    Illinois Supreme Court. The records, documents and
22    information relating to a real estate sale shall be exempt
23    until a sale is consummated.
24        (s) Any and all proprietary information and records
25    related to the operation of an intergovernmental risk
26    management association or self-insurance pool or jointly

 

 

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1    self-administered health and accident cooperative or pool.
2    Insurance or self insurance (including any
3    intergovernmental risk management association or self
4    insurance pool) claims, loss or risk management
5    information, records, data, advice or communications.
6        (t) Information contained in or related to
7    examination, operating, or condition reports prepared by,
8    on behalf of, or for the use of a public body responsible
9    for the regulation or supervision of financial
10    institutions or insurance companies, unless disclosure is
11    otherwise required by State law.
12        (u) Information that would disclose or might lead to
13    the disclosure of secret or confidential information,
14    codes, algorithms, programs, or private keys intended to be
15    used to create electronic or digital signatures under the
16    Electronic Commerce Security Act.
17        (v) Vulnerability assessments, security measures, and
18    response policies or plans that are designed to identify,
19    prevent, or respond to potential attacks upon a community's
20    population or systems, facilities, or installations, the
21    destruction or contamination of which would constitute a
22    clear and present danger to the health or safety of the
23    community, but only to the extent that disclosure could
24    reasonably be expected to jeopardize the effectiveness of
25    the measures or the safety of the personnel who implement
26    them or the public. Information exempt under this item may

 

 

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1    include such things as details pertaining to the
2    mobilization or deployment of personnel or equipment, to
3    the operation of communication systems or protocols, or to
4    tactical operations.
5        (w) (Blank).
6        (x) Maps and other records regarding the location or
7    security of generation, transmission, distribution,
8    storage, gathering, treatment, or switching facilities
9    owned by a utility, by a power generator, or by the
10    Illinois Power Agency.
11        (y) Information contained in or related to proposals,
12    bids, or negotiations related to electric power
13    procurement under Section 1-75 of the Illinois Power Agency
14    Act and Section 16-111.5 of the Public Utilities Act that
15    is determined to be confidential and proprietary by the
16    Illinois Power Agency or by the Illinois Commerce
17    Commission.
18        (z) Information about students exempted from
19    disclosure under Sections 10-20.38 or 34-18.29 of the
20    School Code, and information about undergraduate students
21    enrolled at an institution of higher education exempted
22    from disclosure under Section 25 of the Illinois Credit
23    Card Marketing Act of 2009.
24        (aa) Information the disclosure of which is exempted
25    under the Viatical Settlements Act of 2009.
26        (bb) Records and information provided to a mortality

 

 

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1    review team and records maintained by a mortality review
2    team appointed under the Department of Juvenile Justice
3    Mortality Review Team Act.
4        (cc) Information regarding interments, entombments, or
5    inurnments of human remains that are submitted to the
6    Cemetery Oversight Database under the Cemetery Care Act or
7    the Cemetery Oversight Act, whichever is applicable.
8        (dd) Correspondence and records (i) that may not be
9    disclosed under Section 11-9 of the Public Aid Code or (ii)
10    that pertain to appeals under Section 11-8 of the Public
11    Aid Code.
12        (ee) (dd) The names, addresses, or other personal
13    information of persons who are minors and are also
14    participants and registrants in programs of park
15    districts, forest preserve districts, conservation
16    districts, recreation agencies, and special recreation
17    associations.
18        (ff) (ee) The names, addresses, or other personal
19    information of participants and registrants in programs of
20    park districts, forest preserve districts, conservation
21    districts, recreation agencies, and special recreation
22    associations where such programs are targeted primarily to
23    minors.
24    (1.5) Any information exempt from disclosure under the
25Judicial Privacy Act shall be redacted from public records
26prior to disclosure under this Act.

 

 

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1    (2) A public record that is not in the possession of a
2public body but is in the possession of a party with whom the
3agency has contracted to perform a governmental function on
4behalf of the public body, and that directly relates to the
5governmental function and is not otherwise exempt under this
6Act, shall be considered a public record of the public body,
7for purposes of this Act.
8    (3) This Section does not authorize withholding of
9information or limit the availability of records to the public,
10except as stated in this Section or otherwise provided in this
11Act.
12(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
1396-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
1496-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
158-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised
169-2-11.)
 
17    Section 4-15. The Election Code is amended by changing
18Section 7A-1 and by adding Section 10-10.5 as follows:
 
19    (10 ILCS 5/7A-1)  (from Ch. 46, par. 7A-1)
20    Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
21been elected to that office and who seeks to be retained in
22that office under subsection (d) of Section 12 of Article VI of
23the Constitution shall file a declaration of candidacy to
24succeed himself in the office of the Secretary of State not

 

 

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1less than 6 months before the general election preceding the
2expiration of his term of office. Within 3 business days
3thereafter, the Secretary of State shall certify to the State
4Board of Elections the names of all incumbent judges who were
5eligible to stand for retention at the next general election
6but failed to timely file a declaration of candidacy to succeed
7themselves in office or, having timely filed such a
8declaration, withdrew it. The State Board of Elections may rely
9upon the certification from the Secretary of State (a) to
10determine when vacancies in judicial office exist and (b) to
11determine the judicial positions for which elections will be
12held. The Secretary of State, not less than 63 days before the
13election, shall certify the Judge's candidacy to the proper
14election officials. The names of Judges seeking retention shall
15be submitted to the electors, separately and without party
16designation, on the sole question whether each Judge shall be
17retained in office for another term. The retention elections
18shall be conducted at general elections in the appropriate
19Judicial District, for Supreme and Appellate Judges, and in the
20circuit for Circuit Judges. The affirmative vote of
21three-fifths of the electors voting on the question shall elect
22the Judge to the office for a term commencing on the first
23Monday in December following his election.
24    Upon certification of a Judge's candidacy for retention by
25the Secretary of State, the judicial candidate may file a
26written request with the Secretary of State for redaction of

 

 

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1the judicial candidate's home address information from the
2candidate's declaration of candidacy for retention. After
3receipt of the candidate's written request, the Secretary of
4State shall redact or cause redaction of the judicial
5candidate's home address from the candidate's declaration of
6candidacy for retention within 5 business days. For the
7purposes of this subsection, "home address" has the meaning as
8defined in Section 1-10 of the Judicial Privacy Act.
9(Source: P.A. 96-886, eff. 1-1-11.)
 
10    (10 ILCS 5/10-10.5 new)
11    Sec. 10-10.5. Removal of judicial officer's address
12information from the certificate of nomination or nomination
13papers.
14    (a) Upon expiration of the period for filing an objection
15to a judicial candidate's certificate of nomination or
16nomination papers, a judicial officer who is a judicial
17candidate may file a written request with the State Board of
18Elections for redaction of the judicial officer's home address
19information from his or her certificate of nomination or
20nomination papers. After receipt of the judicial officer's
21written request, the State Board of Elections shall redact or
22cause redaction of the judicial officer's home address from his
23or her certificate of nomination or nomination papers within 5
24business days.
25    (b) Prior to expiration of the period for filing an

 

 

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1objection to a judicial candidate's certificate of nomination
2or nomination papers, the home address information from the
3certificate of nomination or nomination papers of a judicial
4officer who is a judicial candidate is available for public
5inspection. After redaction of a judicial officer's home
6address information under paragraph (a) of this Section, the
7home address information is only available for an in camera
8inspection by the court reviewing an objection to the judicial
9officers's certificate of nomination or nomination papers.
10    (c) For the purposes of this Section, "home address" has
11the meaning as defined in Section 1-10 of the Judicial Privacy
12Act.
 
13    Section 4-18. The Illinois Identification Card Act is
14amended by changing Sections 4 and 5 as follows:
 
15    (15 ILCS 335/4)  (from Ch. 124, par. 24)
16    Sec. 4. Identification Card.
17    (a) The Secretary of State shall issue a standard Illinois
18Identification Card to any natural person who is a resident of
19the State of Illinois who applies for such card, or renewal
20thereof, or who applies for a standard Illinois Identification
21Card upon release as a committed person on parole, mandatory
22supervised release, final discharge, or pardon from the
23Department of Corrections by submitting an identification card
24issued by the Department of Corrections under Section 3-14-1 of

 

 

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1the Unified Code of Corrections, together with the prescribed
2fees. No identification card shall be issued to any person who
3holds a valid foreign state identification card, license, or
4permit unless the person first surrenders to the Secretary of
5State the valid foreign state identification card, license, or
6permit. The card shall be prepared and supplied by the
7Secretary of State and shall include a photograph and signature
8or mark of the applicant. However, the Secretary of State may
9provide by rule for the issuance of Illinois Identification
10Cards without photographs if the applicant has a bona fide
11religious objection to being photographed or to the display of
12his or her photograph. The Illinois Identification Card may be
13used for identification purposes in any lawful situation only
14by the person to whom it was issued. As used in this Act,
15"photograph" means any color photograph or digitally produced
16and captured image of an applicant for an identification card.
17As used in this Act, "signature" means the name of a person as
18written by that person and captured in a manner acceptable to
19the Secretary of State.
20    (a-5) If an applicant for an identification card has a
21current driver's license or instruction permit issued by the
22Secretary of State, the Secretary may require the applicant to
23utilize the same residence address and name on the
24identification card, driver's license, and instruction permit
25records maintained by the Secretary. The Secretary may
26promulgate rules to implement this provision.

 

 

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1    (a-10) If the applicant is a judicial officer as defined in
2Section 1-10 of the Judicial Privacy Act, the applicant may
3elect to have his or her office or work address listed on the
4card instead of the applicant's residence or mailing address.
5The Secretary may promulgate rules to implement this provision.
6    (b) The Secretary of State shall issue a special Illinois
7Identification Card, which shall be known as an Illinois
8Disabled Person Identification Card, to any natural person who
9is a resident of the State of Illinois, who is a disabled
10person as defined in Section 4A of this Act, who applies for
11such card, or renewal thereof. No Disabled Person
12Identification Card shall be issued to any person who holds a
13valid foreign state identification card, license, or permit
14unless the person first surrenders to the Secretary of State
15the valid foreign state identification card, license, or
16permit. The Secretary of State shall charge no fee to issue
17such card. The card shall be prepared and supplied by the
18Secretary of State, and shall include a photograph and
19signature or mark of the applicant, a designation indicating
20that the card is an Illinois Disabled Person Identification
21Card, and shall include a comprehensible designation of the
22type and classification of the applicant's disability as set
23out in Section 4A of this Act. However, the Secretary of State
24may provide by rule for the issuance of Illinois Disabled
25Person Identification Cards without photographs if the
26applicant has a bona fide religious objection to being

 

 

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1photographed or to the display of his or her photograph. If the
2applicant so requests, the card shall include a description of
3the applicant's disability and any information about the
4applicant's disability or medical history which the Secretary
5determines would be helpful to the applicant in securing
6emergency medical care. If a mark is used in lieu of a
7signature, such mark shall be affixed to the card in the
8presence of two witnesses who attest to the authenticity of the
9mark. The Illinois Disabled Person Identification Card may be
10used for identification purposes in any lawful situation by the
11person to whom it was issued.
12    The Illinois Disabled Person Identification Card may be
13used as adequate documentation of disability in lieu of a
14physician's determination of disability, a determination of
15disability from a physician assistant who has been delegated
16the authority to make this determination by his or her
17supervising physician, a determination of disability from an
18advanced practice nurse who has a written collaborative
19agreement with a collaborating physician that authorizes the
20advanced practice nurse to make this determination, or any
21other documentation of disability whenever any State law
22requires that a disabled person provide such documentation of
23disability, however an Illinois Disabled Person Identification
24Card shall not qualify the cardholder to participate in any
25program or to receive any benefit which is not available to all
26persons with like disabilities. Notwithstanding any other

 

 

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1provisions of law, an Illinois Disabled Person Identification
2Card, or evidence that the Secretary of State has issued an
3Illinois Disabled Person Identification Card, shall not be used
4by any person other than the person named on such card to prove
5that the person named on such card is a disabled person or for
6any other purpose unless the card is used for the benefit of
7the person named on such card, and the person named on such
8card consents to such use at the time the card is so used.
9    An optometrist's determination of a visual disability
10under Section 4A of this Act is acceptable as documentation for
11the purpose of issuing an Illinois Disabled Person
12Identification Card.
13    When medical information is contained on an Illinois
14Disabled Person Identification Card, the Office of the
15Secretary of State shall not be liable for any actions taken
16based upon that medical information.
17    (c) Beginning January 1, 1986, the Secretary of State shall
18provide that each original or renewal Illinois Identification
19Card or Illinois Disabled Person Identification Card issued to
20a person under the age of 21, shall be of a distinct nature
21from those Illinois Identification Cards or Illinois Disabled
22Person Identification Cards issued to individuals 21 years of
23age or older. The color designated for Illinois Identification
24Cards or Illinois Disabled Person Identification Cards for
25persons under the age of 21 shall be at the discretion of the
26Secretary of State.

 

 

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1    (c-1) Beginning January 1, 2003, each original or renewal
2Illinois Identification Card or Illinois Disabled Person
3Identification Card issued to a person under the age of 21
4shall display the date upon which the person becomes 18 years
5of age and the date upon which the person becomes 21 years of
6age.
7    (d) The Secretary of State may issue a Senior Citizen
8discount card, to any natural person who is a resident of the
9State of Illinois who is 60 years of age or older and who
10applies for such a card or renewal thereof. The Secretary of
11State shall charge no fee to issue such card. The card shall be
12issued in every county and applications shall be made available
13at, but not limited to, nutrition sites, senior citizen centers
14and Area Agencies on Aging. The applicant, upon receipt of such
15card and prior to its use for any purpose, shall have affixed
16thereon in the space provided therefor his signature or mark.
17    (e) The Secretary of State, in his or her discretion, may
18designate on each Illinois Identification Card or Illinois
19Disabled Person Identification Card a space where the card
20holder may place a sticker or decal, issued by the Secretary of
21State, of uniform size as the Secretary may specify, that shall
22indicate in appropriate language that the card holder has
23renewed his or her Illinois Identification Card or Illinois
24Disabled Person Identification Card.
25(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
2696-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 

 

 

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1    (15 ILCS 335/5)  (from Ch. 124, par. 25)
2    Sec. 5. Applications. Any natural person who is a resident
3of the State of Illinois, may file an application for an
4identification card or for the renewal thereof, in a manner
5prescribed by the Secretary. Each original application shall be
6completed by the applicant in full and shall set forth the
7legal name, residence address and zip code, social security
8number, birth date, sex and a brief description of the
9applicant. The applicant shall be photographed, unless the
10Secretary of State has provided by rule for the issuance of
11identification cards without photographs and the applicant is
12deemed eligible for an identification card without a photograph
13under the terms and conditions imposed by the Secretary of
14State, and he or she shall also submit any other information as
15the Secretary may deem necessary or such documentation as the
16Secretary may require to determine the identity of the
17applicant. In addition to the residence address, the Secretary
18may allow the applicant to provide a mailing address. If the
19applicant is a judicial officer as defined in Section 1-10 of
20the Judicial Privacy Act, the applicant may elect to have his
21or her office or work address in lieu of the applicant's
22residence or mailing address. An applicant for a disabled
23persons card must also submit with each original or renewal
24application, on forms prescribed by the Secretary, such
25documentation as the Secretary may require, establishing that

 

 

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1the applicant is a "disabled person" as defined in Section 4A
2of this Act, and setting forth the applicant's type and class
3of disability as set forth in Section 4A of this Act.
4(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
5    Section 4-20. The Illinois Vehicle Code is amended by
6changing Sections 3-405, 6-106, and 6-110 as follows:
 
7    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
8    Sec. 3-405. Application for registration.
9    (a) Every owner of a vehicle subject to registration under
10this Code shall make application to the Secretary of State for
11the registration of such vehicle upon the appropriate form or
12forms furnished by the Secretary. Every such application shall
13bear the signature of the owner written with pen and ink and
14contain:
15        1. The name, domicile address, as defined in Section
16    1-115.5 of this Code, (except as otherwise provided in this
17    paragraph 1) and mail address of the owner or business
18    address of the owner if a firm, association or corporation.
19    If the mailing address is a post office box number, the
20    address listed on the driver license record may be used to
21    verify residence. A police officer, a deputy sheriff, an
22    elected sheriff, a law enforcement officer for the
23    Department of State Police, a fire investigator, a state's
24    attorney, an assistant state's attorney, or a state's

 

 

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1    attorney special investigator, or a judicial officer may
2    elect to furnish the address of the headquarters of the
3    governmental entity, or police district, or business
4    address where he or she works instead of his or her
5    domicile address, in which case that address shall be
6    deemed to be his or her domicile address for all purposes
7    under this Chapter 3. The spouse and children of a person
8    who may elect under this paragraph 1 to furnish the address
9    of the headquarters of the government entity, or police
10    district, or business address where the person works
11    instead of the person's domicile address may, if they
12    reside with that person, also elect to furnish the address
13    of the headquarters of the government entity, or police
14    district, or business address where the person works as
15    their domicile address, in which case that address shall be
16    deemed to be their domicile address for all purposes under
17    this Chapter 3. In this paragraph 1: (A) "police officer"
18    has the meaning ascribed to "policeman" in Section 10-3-1
19    of the Illinois Municipal Code; (B) "deputy sheriff" means
20    a deputy sheriff appointed under Section 3-6008 of the
21    Counties Code; (C) "elected sheriff" means a sheriff
22    commissioned pursuant to Section 3-6001 of the Counties
23    Code; (D) "fire investigator" means a person classified as
24    a peace officer under the Peace Officer Fire Investigation
25    Act; and (E) "state's attorney", "assistant state's
26    attorney", and "state's attorney special investigator"

 

 

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1    mean a state's attorney, assistant state's attorney, and
2    state's attorney special investigator commissioned or
3    appointed under Division 3-9 of the Counties Code; and (F)
4    "judicial officer" has the meaning ascribed to it in
5    Section 1-10 of the Judicial Privacy Act.
6        2. A description of the vehicle, including such
7    information as is required in an application for a
8    certificate of title, determined under such standard
9    rating as may be prescribed by the Secretary.
10        3. Information relating to the insurance policy for the
11    motor vehicle, including the name of the insurer which
12    issued the policy, the policy number, and the expiration
13    date of the policy.
14        4. Such further information as may reasonably be
15    required by the Secretary to enable him to determine
16    whether the vehicle is lawfully entitled to registration
17    and the owner entitled to a certificate of title.
18        5. An affirmation by the applicant that all information
19    set forth is true and correct. If the application is for
20    the registration of a motor vehicle, the applicant also
21    shall affirm that the motor vehicle is insured as required
22    by this Code, that such insurance will be maintained
23    throughout the period for which the motor vehicle shall be
24    registered, and that neither the owner, nor any person
25    operating the motor vehicle with the owner's permission,
26    shall operate the motor vehicle unless the required

 

 

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1    insurance is in effect. If the person signing the
2    affirmation is not the sole owner of the vehicle, such
3    person shall be deemed to have affirmed on behalf of all
4    the owners of the vehicle. If the person signing the
5    affirmation is not an owner of the vehicle, such person
6    shall be deemed to have affirmed on behalf of the owner or
7    owners of the vehicle. The lack of signature on the
8    application shall not in any manner exempt the owner or
9    owners from any provisions, requirements or penalties of
10    this Code.
11    (b) When such application refers to a new vehicle purchased
12from a dealer the application shall be accompanied by a
13Manufacturer's Statement of Origin from the dealer, and a
14statement showing any lien retained by the dealer.
15(Source: P.A. 95-207, eff. 1-1-08; 96-580, eff. 1-1-10.)
 
16    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
17    Sec. 6-106. Application for license or instruction permit.
18    (a) Every application for any permit or license authorized
19to be issued under this Act shall be made upon a form furnished
20by the Secretary of State. Every application shall be
21accompanied by the proper fee and payment of such fee shall
22entitle the applicant to not more than 3 attempts to pass the
23examination within a period of 1 year after the date of
24application.
25    (b) Every application shall state the legal name, social

 

 

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1security number, zip code, date of birth, sex, and residence
2address of the applicant; briefly describe the applicant; state
3whether the applicant has theretofore been licensed as a
4driver, and, if so, when and by what state or country, and
5whether any such license has ever been cancelled, suspended,
6revoked or refused, and, if so, the date and reason for such
7cancellation, suspension, revocation or refusal; shall include
8an affirmation by the applicant that all information set forth
9is true and correct; and shall bear the applicant's signature.
10In addition to the residence address, the Secretary may allow
11the applicant to provide a mailing address. In the case of an
12applicant who is a judicial officer, the Secretary may allow
13the applicant to provide an office or work address in lieu of a
14residence or mailing address. The application form may also
15require the statement of such additional relevant information
16as the Secretary of State shall deem necessary to determine the
17applicant's competency and eligibility. The Secretary of State
18may, in his discretion, by rule or regulation, provide that an
19application for a drivers license or permit may include a
20suitable photograph of the applicant in the form prescribed by
21the Secretary, and he may further provide that each drivers
22license shall include a photograph of the driver. The Secretary
23of State may utilize a photograph process or system most
24suitable to deter alteration or improper reproduction of a
25drivers license and to prevent substitution of another photo
26thereon.

 

 

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1    (c) The application form shall include a notice to the
2applicant of the registration obligations of sex offenders
3under the Sex Offender Registration Act. The notice shall be
4provided in a form and manner prescribed by the Secretary of
5State. For purposes of this subsection (c), "sex offender" has
6the meaning ascribed to it in Section 2 of the Sex Offender
7Registration Act.
8    (d) Any male United States citizen or immigrant who applies
9for any permit or license authorized to be issued under this
10Act or for a renewal of any permit or license, and who is at
11least 18 years of age but less than 26 years of age, must be
12registered in compliance with the requirements of the federal
13Military Selective Service Act. The Secretary of State must
14forward in an electronic format the necessary personal
15information regarding the applicants identified in this
16subsection (d) to the Selective Service System. The applicant's
17signature on the application serves as an indication that the
18applicant either has already registered with the Selective
19Service System or that he is authorizing the Secretary to
20forward to the Selective Service System the necessary
21information for registration. The Secretary must notify the
22applicant at the time of application that his signature
23constitutes consent to registration with the Selective Service
24System, if he is not already registered.
25(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
 

 

 

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1    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
2    Sec. 6-110. Licenses issued to drivers.
3    (a) The Secretary of State shall issue to every qualifying
4applicant a driver's license as applied for, which license
5shall bear a distinguishing number assigned to the licensee,
6the legal name, signature, zip code, date of birth, residence
7address, and a brief description of the licensee.
8    Licenses issued shall also indicate the classification and
9the restrictions under Section 6-104 of this Code.
10    A driver's license issued may, in the discretion of the
11Secretary, include a suitable photograph of a type prescribed
12by the Secretary.
13    (a-1) If the licensee is less than 18 years of age, unless
14one of the exceptions in subsection (a-2) apply, the license
15shall, as a matter of law, be invalid for the operation of any
16motor vehicle during the following times:
17        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
18        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
19    Sunday; and
20        (C) Between 10:00 p.m. on Sunday to Thursday,
21    inclusive, and 6:00 a.m. on the following day.
22    (a-2) The driver's license of a person under the age of 18
23shall not be invalid as described in subsection (a-1) of this
24Section if the licensee under the age of 18 was:
25        (1) accompanied by the licensee's parent or guardian or
26    other person in custody or control of the minor;

 

 

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1        (2) on an errand at the direction of the minor's parent
2    or guardian, without any detour or stop;
3        (3) in a motor vehicle involved in interstate travel;
4        (4) going to or returning home from an employment
5    activity, without any detour or stop;
6        (5) involved in an emergency;
7        (6) going to or returning home from, without any detour
8    or stop, an official school, religious, or other
9    recreational activity supervised by adults and sponsored
10    by a government or governmental agency, a civic
11    organization, or another similar entity that takes
12    responsibility for the licensee, without any detour or
13    stop;
14        (7) exercising First Amendment rights protected by the
15    United States Constitution, such as the free exercise of
16    religion, freedom of speech, and the right of assembly; or
17        (8) married or had been married or is an emancipated
18    minor under the Emancipation of Minors Act.
19    (a-2.5) The driver's license of a person who is 17 years of
20age and has been licensed for at least 12 months is not invalid
21as described in subsection (a-1) of this Section while the
22licensee is participating as an assigned driver in a Safe Rides
23program that meets the following criteria:
24        (1) the program is sponsored by the Boy Scouts of
25    America or another national public service organization;
26    and

 

 

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1        (2) the sponsoring organization carries liability
2    insurance covering the program.
3    (a-3) If a graduated driver's license holder over the age
4of 18 committed an offense against traffic regulations
5governing the movement of vehicles or any violation of Section
66-107 or Section 12-603.1 of this Code in the 6 months prior to
7the graduated driver's license holder's 18th birthday, and was
8subsequently convicted of the offense, the provisions of
9subsection (a-1) shall continue to apply until such time as a
10period of 6 consecutive months has elapsed without an
11additional violation and subsequent conviction of an offense
12against traffic regulations governing the movement of vehicles
13or Section 6-107 or Section 12-603.1 of this Code.
14    (a-4) If an applicant for a driver's license or instruction
15permit has a current identification card issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (a-5) If an applicant for a driver's license is a judicial
22officer, the applicant may elect to have his or her office or
23work address listed on the license instead of the applicant's
24residence or mailing address. The Secretary of State shall
25adopt rules to implement this subsection (a-5).
26    (b) Until the Secretary of State establishes a First Person

 

 

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1Consent organ and tissue donor registry under Section 6-117 of
2this Code, the Secretary of State shall provide a format on the
3reverse of each driver's license issued which the licensee may
4use to execute a document of gift conforming to the provisions
5of the Illinois Anatomical Gift Act. The format shall allow the
6licensee to indicate the gift intended, whether specific
7organs, any organ, or the entire body, and shall accommodate
8the signatures of the donor and 2 witnesses. The Secretary
9shall also inform each applicant or licensee of this format,
10describe the procedure for its execution, and may offer the
11necessary witnesses; provided that in so doing, the Secretary
12shall advise the applicant or licensee that he or she is under
13no compulsion to execute a document of gift. A brochure
14explaining this method of executing an anatomical gift document
15shall be given to each applicant or licensee. The brochure
16shall advise the applicant or licensee that he or she is under
17no compulsion to execute a document of gift, and that he or she
18may wish to consult with family, friends or clergy before doing
19so. The Secretary of State may undertake additional efforts,
20including education and awareness activities, to promote organ
21and tissue donation.
22    (c) The Secretary of State shall designate on each driver's
23license issued a space where the licensee may place a sticker
24or decal of the uniform size as the Secretary may specify,
25which sticker or decal may indicate in appropriate language
26that the owner of the license carries an Emergency Medical

 

 

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1Information Card.
2    The sticker may be provided by any person, hospital,
3school, medical group, or association interested in assisting
4in implementing the Emergency Medical Information Card, but
5shall meet the specifications as the Secretary may by rule or
6regulation require.
7    (d) The Secretary of State shall designate on each driver's
8license issued a space where the licensee may indicate his
9blood type and RH factor.
10    (e) The Secretary of State shall provide that each original
11or renewal driver's license issued to a licensee under 21 years
12of age shall be of a distinct nature from those driver's
13licenses issued to individuals 21 years of age and older. The
14color designated for driver's licenses for licensees under 21
15years of age shall be at the discretion of the Secretary of
16State.
17    (e-1) The Secretary shall provide that each driver's
18license issued to a person under the age of 21 displays the
19date upon which the person becomes 18 years of age and the date
20upon which the person becomes 21 years of age.
21    (f) The Secretary of State shall inform all Illinois
22licensed commercial motor vehicle operators of the
23requirements of the Uniform Commercial Driver License Act,
24Article V of this Chapter, and shall make provisions to insure
25that all drivers, seeking to obtain a commercial driver's
26license, be afforded an opportunity prior to April 1, 1992, to

 

 

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1obtain the license. The Secretary is authorized to extend
2driver's license expiration dates, and assign specific times,
3dates and locations where these commercial driver's tests shall
4be conducted. Any applicant, regardless of the current
5expiration date of the applicant's driver's license, may be
6subject to any assignment by the Secretary. Failure to comply
7with the Secretary's assignment may result in the applicant's
8forfeiture of an opportunity to receive a commercial driver's
9license prior to April 1, 1992.
10    (g) The Secretary of State shall designate on a driver's
11license issued, a space where the licensee may indicate that he
12or she has drafted a living will in accordance with the
13Illinois Living Will Act or a durable power of attorney for
14health care in accordance with the Illinois Power of Attorney
15Act.
16    (g-1) The Secretary of State, in his or her discretion, may
17designate on each driver's license issued a space where the
18licensee may place a sticker or decal, issued by the Secretary
19of State, of uniform size as the Secretary may specify, that
20shall indicate in appropriate language that the owner of the
21license has renewed his or her driver's license.
22    (h) A person who acts in good faith in accordance with the
23terms of this Section is not liable for damages in any civil
24action or subject to prosecution in any criminal proceeding for
25his or her act.
26(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;

 

 

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197-263, eff. 8-5-11.)
 
2    Section 4-99. Effective date. This Act and this Section
3takes effect 60 days after becoming law, except that Sections
44-18 and 4-20 take effect January 1, 2013.