Illinois General Assembly

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Full Text of HB5877  97th General Assembly


Rep. Michael J. Madigan

Filed: 3/26/2012





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2    AMENDMENT NO. ______. Amend House Bill 5877 by replacing
3everything after the enacting clause with the following:

5    Section 1-1. Short title. This Act may be cited as the
6Judicial Privacy Act.
7    Section 1-5. Purpose. The purpose of this Act is to improve
8the safety and security of Illinois judicial officers to ensure
9they are able to administer justice fairly without fear of
10personal reprisal from individuals affected by the decisions
11they make in the course of carrying out their public function.
12    This Act is not intended to restrain a judicial officer
13from independently making public his or her own personal
14information. Additionally, no government agency, person,
15business, or association has any obligation under this Act to



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1protect the privacy of a judicial officer's personal
2information until the judicial officer makes a written request
3that his or her personal information not be publicly posted.
4    Nothing in this Act shall be construed to impair free
5access to decisions and opinions expressed by judicial officers
6in the course of carrying out their public functions.
7    Section 1-10. Definitions. As used in this Act:
8    "Government agency" includes all agencies, authorities,
9boards, commissions, departments, institutions, offices, and
10any other bodies politic and corporate of the State created by
11the constitution or statute, whether in the executive,
12judicial, or legislative branch; all units and corporate
13outgrowths created by executive order of the Governor or any
14constitutional officer, by the Supreme Court, or by resolution
15of the General Assembly; or agencies, authorities, boards,
16commissions, departments, institutions, offices, and any other
17bodies politic and corporate of a unit of local government, or
18school district.
19    "Home address" includes a judicial officer's permanent
20residence and any secondary residences affirmatively
21identified by the judicial officer, but does not include a
22judicial officer's work address.
23    "Immediate family" includes a judicial officer's spouse,
24child, parent, or any blood relative of the judicial officer or
25the judicial officer's spouse who lives in the same residence.



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



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1officer or a representative of the judicial officer's employer
2requesting a government agency, person, business, or
3association to refrain from posting or displaying publicly
4available content that includes the judicial officer's
5personal information.

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



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



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1        (1) After a person, business, or association has
2    received a written request from a judicial officer to
3    protect the privacy of the officer's personal information,
4    that person, business, or association shall have 72 hours
5    to remove the personal information from the Internet.
6        (2) After a person, business, or association has
7    received a written request from a judicial officer, that
8    person, business, or association shall ensure that the
9    judicial officer's personal information is not made
10    available on any website or subsidiary website controlled
11    by that person, business, or association.
12        (3) After receiving a judicial officer's written
13    request, no person, business, or association shall
14    transfer the judicial officer's personal information to
15    any other person, business, or association through any
16    medium.
17    (c) Redress.
18        A judicial officer whose personal information is made
19    public as a result of a violation of this Act may bring an
20    action seeking injunctive or declaratory relief in any
21    court of competent jurisdiction. If the court grants
22    injunctive or declaratory relief, the person, business, or
23    association responsible for the violation shall be
24    required to pay the judicial officer's costs and reasonable
25    attorney's fees.



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1    Section 2-10. Procedure for completing a written request.
2    (a) Requirement that a judicial officer make a written
3request. No government agency, person, business, or
4association shall be found to have violated any provision of
5this Act if the judicial officer fails to submit a written
6request calling for the protection of the officer's personal
8    (b) Written request procedure. A written request shall be
9valid if:
10        (1) The judicial officer sends a written request
11    directly to a government agency, person, business, or
12    association; or
13        (2) If the Administrative Office of the Illinois Courts
14    has a policy and procedure for a state judicial officer to
15    file the written request with the Administrative Office to
16    notify government agencies, the state judicial officer may
17    send the written request to the Administrative Office of
18    the Illinois Courts. In each quarter of a calendar year,
19    the Administrative Office of the Illinois Courts shall
20    provide a list of all state judicial officers who have
21    submitted a written request to it, to the appropriate
22    officer with ultimate supervisory authority for a
23    government agency. The officer shall promptly provide a
24    copy of the list to any and all government agencies under
25    his or her supervision. Receipt of the written request list
26    compiled by the Administrative Office of the Illinois



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



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2    Section 3-1. Unlawful publication of personal information.
3It is unlawful for any person to knowingly publicly post on the
4Internet the personal information of a judicial officer or of
5the judicial officer's immediate family if the person knows or
6reasonably should know that publicly posting the personal
7information poses an imminent and serious threat to the health
8and safety of the judicial officer or the judicial officer's
9immediate family, and the violation is a proximate cause of
10bodily injury or death of the judicial officer or a member of
11the judicial officer's immediate family. A person who violates
12this Section is guilty of a Class 3 felony.
13    Section 3-5. Exceptions for employees of government
14agencies. Provided that the employee of a government agency has
15complied with the conditions set forth in Article II of this
16Act, it is not a violation of Section 3-1 if an employee of a
17government agency publishes personal information, in good
18faith, on the website of the government agency in the ordinary
19course of carrying out public functions.

21    Section 4-1. Construction. This Act and any rules adopted



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1to implement this Act shall be construed broadly to favor the
2protection of the personal information of judicial officers.
3    Section 4-5. Severability. If any part of this Act or its
4application to any person or circumstance is adjudged invalid,
5such adjudication or application shall not affect the validity
6of this Act as a whole or of any other part.
7    Section 4-10. The Freedom of Information Act is amended by
8changing Section 7 as follows:
9    (5 ILCS 140/7)  (from Ch. 116, par. 207)
10    Sec. 7. Exemptions.
11    (1) When a request is made to inspect or copy a public
12record that contains information that is exempt from disclosure
13under this Section, but also contains information that is not
14exempt from disclosure, the public body may elect to redact the
15information that is exempt. The public body shall make the
16remaining information available for inspection and copying.
17Subject to this requirement, the following shall be exempt from
18inspection and copying:
19        (a) Information specifically prohibited from
20    disclosure by federal or State law or rules and regulations
21    implementing federal or State law.
22        (b) Private information, unless disclosure is required
23    by another provision of this Act, a State or federal law or



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



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



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1            (vi) endanger the life or physical safety of law
2        enforcement personnel or any other person; or
3            (vii) obstruct an ongoing criminal investigation
4        by the agency that is the recipient of the request.
5        (e) Records that relate to or affect the security of
6    correctional institutions and detention facilities.
7        (f) Preliminary drafts, notes, recommendations,
8    memoranda and other records in which opinions are
9    expressed, or policies or actions are formulated, except
10    that a specific record or relevant portion of a record
11    shall not be exempt when the record is publicly cited and
12    identified by the head of the public body. The exemption
13    provided in this paragraph (f) extends to all those records
14    of officers and agencies of the General Assembly that
15    pertain to the preparation of legislative documents.
16        (g) Trade secrets and commercial or financial
17    information obtained from a person or business where the
18    trade secrets or commercial or financial information are
19    furnished under a claim that they are proprietary,
20    privileged or confidential, and that disclosure of the
21    trade secrets or commercial or financial information would
22    cause competitive harm to the person or business, and only
23    insofar as the claim directly applies to the records
24    requested.
25        The information included under this exemption includes
26    all trade secrets and commercial or financial information



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



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1    any public body when disclosure could reasonably be
2    expected to produce private gain or public loss. The
3    exemption for "computer geographic systems" provided in
4    this paragraph (i) does not extend to requests made by news
5    media as defined in Section 2 of this Act when the
6    requested information is not otherwise exempt and the only
7    purpose of the request is to access and disseminate
8    information regarding the health, safety, welfare, or
9    legal rights of the general public.
10        (j) The following information pertaining to
11    educational matters:
12            (i) test questions, scoring keys and other
13        examination data used to administer an academic
14        examination;
15            (ii) information received by a primary or
16        secondary school, college, or university under its
17        procedures for the evaluation of faculty members by
18        their academic peers;
19            (iii) information concerning a school or
20        university's adjudication of student disciplinary
21        cases, but only to the extent that disclosure would
22        unavoidably reveal the identity of the student; and
23            (iv) course materials or research materials used
24        by faculty members.
25        (k) Architects' plans, engineers' technical
26    submissions, and other construction related technical



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1    documents for projects not constructed or developed in
2    whole or in part with public funds and the same for
3    projects constructed or developed with public funds,
4    including but not limited to power generating and
5    distribution stations and other transmission and
6    distribution facilities, water treatment facilities,
7    airport facilities, sport stadiums, convention centers,
8    and all government owned, operated, or occupied buildings,
9    but only to the extent that disclosure would compromise
10    security.
11        (l) Minutes of meetings of public bodies closed to the
12    public as provided in the Open Meetings Act until the
13    public body makes the minutes available to the public under
14    Section 2.06 of the Open Meetings Act.
15        (m) Communications between a public body and an
16    attorney or auditor representing the public body that would
17    not be subject to discovery in litigation, and materials
18    prepared or compiled by or for a public body in
19    anticipation of a criminal, civil or administrative
20    proceeding upon the request of an attorney advising the
21    public body, and materials prepared or compiled with
22    respect to internal audits of public bodies.
23        (n) Records relating to a public body's adjudication of
24    employee grievances or disciplinary cases; however, this
25    exemption shall not extend to the final outcome of cases in
26    which discipline is imposed.



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1        (o) Administrative or technical information associated
2    with automated data processing operations, including but
3    not limited to software, operating protocols, computer
4    program abstracts, file layouts, source listings, object
5    modules, load modules, user guides, documentation
6    pertaining to all logical and physical design of
7    computerized systems, employee manuals, and any other
8    information that, if disclosed, would jeopardize the
9    security of the system or its data or the security of
10    materials exempt under this Section.
11        (p) Records relating to collective negotiating matters
12    between public bodies and their employees or
13    representatives, except that any final contract or
14    agreement shall be subject to inspection and copying.
15        (q) Test questions, scoring keys, and other
16    examination data used to determine the qualifications of an
17    applicant for a license or employment.
18        (r) The records, documents, and information relating
19    to real estate purchase negotiations until those
20    negotiations have been completed or otherwise terminated.
21    With regard to a parcel involved in a pending or actually
22    and reasonably contemplated eminent domain proceeding
23    under the Eminent Domain Act, records, documents and
24    information relating to that parcel shall be exempt except
25    as may be allowed under discovery rules adopted by the
26    Illinois Supreme Court. The records, documents and



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



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1    clear and present danger to the health or safety of the
2    community, but only to the extent that disclosure could
3    reasonably be expected to jeopardize the effectiveness of
4    the measures or the safety of the personnel who implement
5    them or the public. Information exempt under this item may
6    include such things as details pertaining to the
7    mobilization or deployment of personnel or equipment, to
8    the operation of communication systems or protocols, or to
9    tactical operations.
10        (w) (Blank).
11        (x) Maps and other records regarding the location or
12    security of generation, transmission, distribution,
13    storage, gathering, treatment, or switching facilities
14    owned by a utility, by a power generator, or by the
15    Illinois Power Agency.
16        (y) Information contained in or related to proposals,
17    bids, or negotiations related to electric power
18    procurement under Section 1-75 of the Illinois Power Agency
19    Act and Section 16-111.5 of the Public Utilities Act that
20    is determined to be confidential and proprietary by the
21    Illinois Power Agency or by the Illinois Commerce
22    Commission.
23        (z) Information about students exempted from
24    disclosure under Sections 10-20.38 or 34-18.29 of the
25    School Code, and information about undergraduate students
26    enrolled at an institution of higher education exempted



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1    from disclosure under Section 25 of the Illinois Credit
2    Card Marketing Act of 2009.
3        (aa) Information the disclosure of which is exempted
4    under the Viatical Settlements Act of 2009.
5        (bb) Records and information provided to a mortality
6    review team and records maintained by a mortality review
7    team appointed under the Department of Juvenile Justice
8    Mortality Review Team Act.
9        (cc) Information regarding interments, entombments, or
10    inurnments of human remains that are submitted to the
11    Cemetery Oversight Database under the Cemetery Care Act or
12    the Cemetery Oversight Act, whichever is applicable.
13        (dd) Correspondence and records (i) that may not be
14    disclosed under Section 11-9 of the Public Aid Code or (ii)
15    that pertain to appeals under Section 11-8 of the Public
16    Aid Code.
17        (ee) (dd) The names, addresses, or other personal
18    information of persons who are minors and are also
19    participants and registrants in programs of park
20    districts, forest preserve districts, conservation
21    districts, recreation agencies, and special recreation
22    associations.
23        (ff) (ee) The names, addresses, or other personal
24    information of participants and registrants in programs of
25    park districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation



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1    associations where such programs are targeted primarily to
2    minors.
3    (1.5) Any information exempt from disclosure under the
4Judicial Privacy Act shall be redacted from public records
5prior to disclosure under this Act.
6    (2) A public record that is not in the possession of a
7public body but is in the possession of a party with whom the
8agency has contracted to perform a governmental function on
9behalf of the public body, and that directly relates to the
10governmental function and is not otherwise exempt under this
11Act, shall be considered a public record of the public body,
12for purposes of this Act.
13    (3) This Section does not authorize withholding of
14information or limit the availability of records to the public,
15except as stated in this Section or otherwise provided in this
17(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
1896-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
1996-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
208-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised
22    Section 4-15. The Election Code is amended by changing
23Section 7A-1 and by adding Section 10-10.5 as follows:
24    (10 ILCS 5/7A-1)  (from Ch. 46, par. 7A-1)



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



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



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1written request, the State Board of Elections shall redact or
2cause redaction of the judicial officer's home address from his
3or her certificate of nomination or nomination papers within 5
4business days.
5    (b) Prior to expiration of the period for filing an
6objection to a judicial candidate's certificate of nomination
7or nomination papers, the home address information from the
8certificate of nomination or nomination papers of a judicial
9officer who is a judicial candidate is available for public
10inspection. After redaction of a judicial officer's home
11address information under paragraph (a) of this Section, the
12home address information is only available for an in camera
13inspection by the court reviewing an objection to the judicial
14officers's certificate of nomination or nomination papers.
15    (c) For the purposes of this Section, "home address" has
16the meaning as defined in Section 1-10 of the Judicial Privacy
18    Section 4-18. The Illinois Identification Card Act is
19amended by changing Sections 4 and 5 as follows:
20    (15 ILCS 335/4)  (from Ch. 124, par. 24)
21    Sec. 4. Identification Card.
22    (a) The Secretary of State shall issue a standard Illinois
23Identification Card to any natural person who is a resident of
24the State of Illinois who applies for such card, or renewal



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



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1Secretary of State, the Secretary may require the applicant to
2utilize the same residence address and name on the
3identification card, driver's license, and instruction permit
4records maintained by the Secretary. The Secretary may
5promulgate rules to implement this provision.
6    (a-10) If the applicant is a judicial officer as defined in
7Section 1-10 of the Judicial Privacy Act, the applicant may
8elect to have his or her office or work address listed on the
9card instead of the applicant's residence or mailing address.
10The Secretary may promulgate rules to implement this provision.
11    (b) The Secretary of State shall issue a special Illinois
12Identification Card, which shall be known as an Illinois
13Disabled Person Identification Card, to any natural person who
14is a resident of the State of Illinois, who is a disabled
15person as defined in Section 4A of this Act, who applies for
16such card, or renewal thereof. No Disabled Person
17Identification Card shall be issued to any person who holds a
18valid foreign state identification card, license, or permit
19unless the person first surrenders to the Secretary of State
20the valid foreign state identification card, license, or
21permit. The Secretary of State shall charge no fee to issue
22such card. The card shall be prepared and supplied by the
23Secretary of State, and shall include a photograph and
24signature or mark of the applicant, a designation indicating
25that the card is an Illinois Disabled Person Identification
26Card, and shall include a comprehensible designation of the



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1type and classification of the applicant's disability as set
2out in Section 4A of this Act. However, the Secretary of State
3may provide by rule for the issuance of Illinois Disabled
4Person Identification Cards without photographs if the
5applicant has a bona fide religious objection to being
6photographed or to the display of his or her photograph. If the
7applicant so requests, the card shall include a description of
8the applicant's disability and any information about the
9applicant's disability or medical history which the Secretary
10determines would be helpful to the applicant in securing
11emergency medical care. If a mark is used in lieu of a
12signature, such mark shall be affixed to the card in the
13presence of two witnesses who attest to the authenticity of the
14mark. The Illinois Disabled Person Identification Card may be
15used for identification purposes in any lawful situation by the
16person to whom it was issued.
17    The Illinois Disabled Person Identification Card may be
18used as adequate documentation of disability in lieu of a
19physician's determination of disability, a determination of
20disability from a physician assistant who has been delegated
21the authority to make this determination by his or her
22supervising physician, a determination of disability from an
23advanced practice nurse who has a written collaborative
24agreement with a collaborating physician that authorizes the
25advanced practice nurse to make this determination, or any
26other documentation of disability whenever any State law



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



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1Person Identification Cards issued to individuals 21 years of
2age or older. The color designated for Illinois Identification
3Cards or Illinois Disabled Person Identification Cards for
4persons under the age of 21 shall be at the discretion of the
5Secretary of State.
6    (c-1) Beginning January 1, 2003, each original or renewal
7Illinois Identification Card or Illinois Disabled Person
8Identification Card issued to a person under the age of 21
9shall display the date upon which the person becomes 18 years
10of age and the date upon which the person becomes 21 years of
12    (d) The Secretary of State may issue a Senior Citizen
13discount card, to any natural person who is a resident of the
14State of Illinois who is 60 years of age or older and who
15applies for such a card or renewal thereof. The Secretary of
16State shall charge no fee to issue such card. The card shall be
17issued in every county and applications shall be made available
18at, but not limited to, nutrition sites, senior citizen centers
19and Area Agencies on Aging. The applicant, upon receipt of such
20card and prior to its use for any purpose, shall have affixed
21thereon in the space provided therefor his signature or mark.
22    (e) The Secretary of State, in his or her discretion, may
23designate on each Illinois Identification Card or Illinois
24Disabled Person Identification Card a space where the card
25holder may place a sticker or decal, issued by the Secretary of
26State, of uniform size as the Secretary may specify, that shall



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1indicate in appropriate language that the card holder has
2renewed his or her Illinois Identification Card or Illinois
3Disabled Person Identification Card.
4(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
596-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications. Any natural person who is a resident
8of the State of Illinois, may file an application for an
9identification card or for the renewal thereof, in a manner
10prescribed by the Secretary. Each original application shall be
11completed by the applicant in full and shall set forth the
12legal name, residence address and zip code, social security
13number, birth date, sex and a brief description of the
14applicant. The applicant shall be photographed, unless the
15Secretary of State has provided by rule for the issuance of
16identification cards without photographs and the applicant is
17deemed eligible for an identification card without a photograph
18under the terms and conditions imposed by the Secretary of
19State, and he or she shall also submit any other information as
20the Secretary may deem necessary or such documentation as the
21Secretary may require to determine the identity of the
22applicant. In addition to the residence address, the Secretary
23may allow the applicant to provide a mailing address. If the
24applicant is a judicial officer as defined in Section 1-10 of
25the Judicial Privacy Act, the applicant may elect to have his



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1or her office or work address in lieu of the applicant's
2residence or mailing address. An applicant for a disabled
3persons card must also submit with each original or renewal
4application, on forms prescribed by the Secretary, such
5documentation as the Secretary may require, establishing that
6the applicant is a "disabled person" as defined in Section 4A
7of this Act, and setting forth the applicant's type and class
8of disability as set forth in Section 4A of this Act.
9(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
10    Section 4-20. The Illinois Vehicle Code is amended by
11changing Sections 3-405, 6-106, and 6-110 as follows:
12    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
13    Sec. 3-405. Application for registration.
14    (a) Every owner of a vehicle subject to registration under
15this Code shall make application to the Secretary of State for
16the registration of such vehicle upon the appropriate form or
17forms furnished by the Secretary. Every such application shall
18bear the signature of the owner written with pen and ink and
20        1. The name, domicile address, as defined in Section
21    1-115.5 of this Code, (except as otherwise provided in this
22    paragraph 1) and mail address of the owner or business
23    address of the owner if a firm, association or corporation.
24    If the mailing address is a post office box number, the



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



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1    commissioned pursuant to Section 3-6001 of the Counties
2    Code; (D) "fire investigator" means a person classified as
3    a peace officer under the Peace Officer Fire Investigation
4    Act; and (E) "state's attorney", "assistant state's
5    attorney", and "state's attorney special investigator"
6    mean a state's attorney, assistant state's attorney, and
7    state's attorney special investigator commissioned or
8    appointed under Division 3-9 of the Counties Code; and (F)
9    "judicial officer" has the meaning ascribed to it in
10    Section 1-10 of the Judicial Privacy Act.
11        2. A description of the vehicle, including such
12    information as is required in an application for a
13    certificate of title, determined under such standard
14    rating as may be prescribed by the Secretary.
15        3. Information relating to the insurance policy for the
16    motor vehicle, including the name of the insurer which
17    issued the policy, the policy number, and the expiration
18    date of the policy.
19        4. Such further information as may reasonably be
20    required by the Secretary to enable him to determine
21    whether the vehicle is lawfully entitled to registration
22    and the owner entitled to a certificate of title.
23        5. An affirmation by the applicant that all information
24    set forth is true and correct. If the application is for
25    the registration of a motor vehicle, the applicant also
26    shall affirm that the motor vehicle is insured as required



09700HB5877ham001- 34 -LRB097 20200 MRW 68053 a

1    by this Code, that such insurance will be maintained
2    throughout the period for which the motor vehicle shall be
3    registered, and that neither the owner, nor any person
4    operating the motor vehicle with the owner's permission,
5    shall operate the motor vehicle unless the required
6    insurance is in effect. If the person signing the
7    affirmation is not the sole owner of the vehicle, such
8    person shall be deemed to have affirmed on behalf of all
9    the owners of the vehicle. If the person signing the
10    affirmation is not an owner of the vehicle, such person
11    shall be deemed to have affirmed on behalf of the owner or
12    owners of the vehicle. The lack of signature on the
13    application shall not in any manner exempt the owner or
14    owners from any provisions, requirements or penalties of
15    this Code.
16    (b) When such application refers to a new vehicle purchased
17from a dealer the application shall be accompanied by a
18Manufacturer's Statement of Origin from the dealer, and a
19statement showing any lien retained by the dealer.
20(Source: P.A. 95-207, eff. 1-1-08; 96-580, eff. 1-1-10.)
21    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
22    Sec. 6-106. Application for license or instruction permit.
23    (a) Every application for any permit or license authorized
24to be issued under this Act shall be made upon a form furnished
25by the Secretary of State. Every application shall be



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1accompanied by the proper fee and payment of such fee shall
2entitle the applicant to not more than 3 attempts to pass the
3examination within a period of 1 year after the date of
5    (b) Every application shall state the legal name, social
6security number, zip code, date of birth, sex, and residence
7address of the applicant; briefly describe the applicant; state
8whether the applicant has theretofore been licensed as a
9driver, and, if so, when and by what state or country, and
10whether any such license has ever been cancelled, suspended,
11revoked or refused, and, if so, the date and reason for such
12cancellation, suspension, revocation or refusal; shall include
13an affirmation by the applicant that all information set forth
14is true and correct; and shall bear the applicant's signature.
15In addition to the residence address, the Secretary may allow
16the applicant to provide a mailing address. In the case of an
17applicant who is a judicial officer, the Secretary may allow
18the applicant to provide an office or work address in lieu of a
19residence or mailing address. The application form may also
20require the statement of such additional relevant information
21as the Secretary of State shall deem necessary to determine the
22applicant's competency and eligibility. The Secretary of State
23may, in his discretion, by rule or regulation, provide that an
24application for a drivers license or permit may include a
25suitable photograph of the applicant in the form prescribed by
26the Secretary, and he may further provide that each drivers



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1license shall include a photograph of the driver. The Secretary
2of State may utilize a photograph process or system most
3suitable to deter alteration or improper reproduction of a
4drivers license and to prevent substitution of another photo
6    (c) The application form shall include a notice to the
7applicant of the registration obligations of sex offenders
8under the Sex Offender Registration Act. The notice shall be
9provided in a form and manner prescribed by the Secretary of
10State. For purposes of this subsection (c), "sex offender" has
11the meaning ascribed to it in Section 2 of the Sex Offender
12Registration Act.
13    (d) Any male United States citizen or immigrant who applies
14for any permit or license authorized to be issued under this
15Act or for a renewal of any permit or license, and who is at
16least 18 years of age but less than 26 years of age, must be
17registered in compliance with the requirements of the federal
18Military Selective Service Act. The Secretary of State must
19forward in an electronic format the necessary personal
20information regarding the applicants identified in this
21subsection (d) to the Selective Service System. The applicant's
22signature on the application serves as an indication that the
23applicant either has already registered with the Selective
24Service System or that he is authorizing the Secretary to
25forward to the Selective Service System the necessary
26information for registration. The Secretary must notify the



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1applicant at the time of application that his signature
2constitutes consent to registration with the Selective Service
3System, if he is not already registered.
4(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
5    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
6    Sec. 6-110. Licenses issued to drivers.
7    (a) The Secretary of State shall issue to every qualifying
8applicant a driver's license as applied for, which license
9shall bear a distinguishing number assigned to the licensee,
10the legal name, signature, zip code, date of birth, residence
11address, and a brief description of the licensee.
12    Licenses issued shall also indicate the classification and
13the restrictions under Section 6-104 of this Code.
14    A driver's license issued may, in the discretion of the
15Secretary, include a suitable photograph of a type prescribed
16by the Secretary.
17    (a-1) If the licensee is less than 18 years of age, unless
18one of the exceptions in subsection (a-2) apply, the license
19shall, as a matter of law, be invalid for the operation of any
20motor vehicle during the following times:
21        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
22        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
23    Sunday; and
24        (C) Between 10:00 p.m. on Sunday to Thursday,
25    inclusive, and 6:00 a.m. on the following day.



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



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1licensee is participating as an assigned driver in a Safe Rides
2program that meets the following criteria:
3        (1) the program is sponsored by the Boy Scouts of
4    America or another national public service organization;
5    and
6        (2) the sponsoring organization carries liability
7    insurance covering the program.
8    (a-3) If a graduated driver's license holder over the age
9of 18 committed an offense against traffic regulations
10governing the movement of vehicles or any violation of Section
116-107 or Section 12-603.1 of this Code in the 6 months prior to
12the graduated driver's license holder's 18th birthday, and was
13subsequently convicted of the offense, the provisions of
14subsection (a-1) shall continue to apply until such time as a
15period of 6 consecutive months has elapsed without an
16additional violation and subsequent conviction of an offense
17against traffic regulations governing the movement of vehicles
18or Section 6-107 or Section 12-603.1 of this Code.
19    (a-4) If an applicant for a driver's license or instruction
20permit has a current identification card issued by the
21Secretary of State, the Secretary may require the applicant to
22utilize the same residence address and name on the
23identification card, driver's license, and instruction permit
24records maintained by the Secretary. The Secretary may
25promulgate rules to implement this provision.
26    (a-5) If an applicant for a driver's license is a judicial



09700HB5877ham001- 40 -LRB097 20200 MRW 68053 a

1officer, the applicant may elect to have his or her office or
2work address listed on the license instead of the applicant's
3residence or mailing address. The Secretary of State shall
4adopt rules to implement this subsection (a-5).
5    (b) Until the Secretary of State establishes a First Person
6Consent organ and tissue donor registry under Section 6-117 of
7this Code, the Secretary of State shall provide a format on the
8reverse of each driver's license issued which the licensee may
9use to execute a document of gift conforming to the provisions
10of the Illinois Anatomical Gift Act. The format shall allow the
11licensee to indicate the gift intended, whether specific
12organs, any organ, or the entire body, and shall accommodate
13the signatures of the donor and 2 witnesses. The Secretary
14shall also inform each applicant or licensee of this format,
15describe the procedure for its execution, and may offer the
16necessary witnesses; provided that in so doing, the Secretary
17shall advise the applicant or licensee that he or she is under
18no compulsion to execute a document of gift. A brochure
19explaining this method of executing an anatomical gift document
20shall be given to each applicant or licensee. The brochure
21shall advise the applicant or licensee that he or she is under
22no compulsion to execute a document of gift, and that he or she
23may wish to consult with family, friends or clergy before doing
24so. The Secretary of State may undertake additional efforts,
25including education and awareness activities, to promote organ
26and tissue donation.



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1    (c) The Secretary of State shall designate on each driver's
2license issued a space where the licensee may place a sticker
3or decal of the uniform size as the Secretary may specify,
4which sticker or decal may indicate in appropriate language
5that the owner of the license carries an Emergency Medical
6Information Card.
7    The sticker may be provided by any person, hospital,
8school, medical group, or association interested in assisting
9in implementing the Emergency Medical Information Card, but
10shall meet the specifications as the Secretary may by rule or
11regulation require.
12    (d) The Secretary of State shall designate on each driver's
13license issued a space where the licensee may indicate his
14blood type and RH factor.
15    (e) The Secretary of State shall provide that each original
16or renewal driver's license issued to a licensee under 21 years
17of age shall be of a distinct nature from those driver's
18licenses issued to individuals 21 years of age and older. The
19color designated for driver's licenses for licensees under 21
20years of age shall be at the discretion of the Secretary of
22    (e-1) The Secretary shall provide that each driver's
23license issued to a person under the age of 21 displays the
24date upon which the person becomes 18 years of age and the date
25upon which the person becomes 21 years of age.
26    (f) The Secretary of State shall inform all Illinois



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1licensed commercial motor vehicle operators of the
2requirements of the Uniform Commercial Driver License Act,
3Article V of this Chapter, and shall make provisions to insure
4that all drivers, seeking to obtain a commercial driver's
5license, be afforded an opportunity prior to April 1, 1992, to
6obtain the license. The Secretary is authorized to extend
7driver's license expiration dates, and assign specific times,
8dates and locations where these commercial driver's tests shall
9be conducted. Any applicant, regardless of the current
10expiration date of the applicant's driver's license, may be
11subject to any assignment by the Secretary. Failure to comply
12with the Secretary's assignment may result in the applicant's
13forfeiture of an opportunity to receive a commercial driver's
14license prior to April 1, 1992.
15    (g) The Secretary of State shall designate on a driver's
16license issued, a space where the licensee may indicate that he
17or she has drafted a living will in accordance with the
18Illinois Living Will Act or a durable power of attorney for
19health care in accordance with the Illinois Power of Attorney
21    (g-1) The Secretary of State, in his or her discretion, may
22designate on each driver's license issued a space where the
23licensee may place a sticker or decal, issued by the Secretary
24of State, of uniform size as the Secretary may specify, that
25shall indicate in appropriate language that the owner of the
26license has renewed his or her driver's license.



09700HB5877ham001- 43 -LRB097 20200 MRW 68053 a

1    (h) A person who acts in good faith in accordance with the
2terms of this Section is not liable for damages in any civil
3action or subject to prosecution in any criminal proceeding for
4his or her act.
5(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
697-263, eff. 8-5-11.)
7    Section 4-99. Effective date. This Act and this Section
8takes effect 60 days after becoming law, except that Sections
94-18 and 4-20 take effect January 1, 2013.".