102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2447

 

Introduced 2/19/2021, by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.


LRB102 14202 AWJ 19554 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2447LRB102 14202 AWJ 19554 b

1    AN ACT concerning privacy.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Public
5Safety and Justice Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Assistant Public Defender" and "Assistant State's
8Attorney" have the meanings given to those terms in Section 15
9of the Public Interest Attorney Assistance Act.
10    "Government agency", "personal information", "publicly
11available content", and "publicly post" or "publicly display"
12have the meanings given to those terms in 1-10 of Judicial
13Privacy Act.
14    "Home address" includes an official's permanent residence
15and any secondary residences affirmatively identified by the
16official, but does not include an official's work address.
17    "Immediate family" includes an official's spouse, child,
18parent, or any blood relative of the official or the
19official's spouse who lives in the same residence.
20    "Law enforcement officer" has the meaning given to that
21term in Section 5 of the Law Enforcement Officer Bulletproof
22Vest Act.
23    "Official" includes:

 

 

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1        (1) Law enforcement officers.
2        (2) Prosecutors.
3        (3) Public defenders.
4        (4) Probation officers.
5    "Probation officer" has the meaning given to that term in
6Section 9b of the Probation and Probation Officers Act.
7    "Prosecutor" means a State's Attorney, Assistant State's
8Attorney, or a prosecutor for a unit of local government.
9    "Public defender" means a Public Defender or an Assistant
10Public Defender.
11    "Written request" means written notice signed by an
12official or a representative of the official's employer
13requesting a government agency, person, business, or
14association to refrain from posting or displaying publicly
15available content that includes the official's personal
16information.
 
17    Section 10. Publicly posting or displaying an official's
18personal information by government agencies.
19    (a) Government agencies shall not publicly post or display
20publicly available content that includes an official's
21personal information, provided that the government agency has
22received a written request in accordance with Section 20 that
23it refrain from disclosing the official's personal
24information. After a government agency has received a written
25request, that agency shall remove the official's personal

 

 

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1information from publicly available content within 5 business
2days. After the government agency has removed the official's
3personal information from publicly available content, the
4agency shall not publicly post or display the information and
5the official's personal information shall be exempt from the
6Freedom of Information Act unless the government agency has
7received consent from the official to make the personal
8information available to the public.
9    (b) If a government agency fails to comply with a written
10request to refrain from disclosing personal information, the
11official may bring an action in the circuit court seeking
12injunctive or declaratory relief.
 
13    Section 15. Publicly posting an official's personal
14information on the Internet by persons, businesses, and
15associations.
16    (a) Prohibited Conduct.
17        (1) All persons, businesses, and associations shall
18    refrain from publicly posting or displaying on the
19    Internet publicly available content that includes an
20    official's personal information, provided that the
21    official has made a written request to the person,
22    business, or association that it refrain from disclosing
23    the personal information.
24        (2) No person, business, or association shall solicit,
25    sell, or trade on the Internet an official's personal

 

 

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1    information with the intent to pose an imminent and
2    serious threat to the health and safety of the official or
3    the official's immediate family.
4        (3) This subsection includes, but is not limited to,
5    Internet phone directories, Internet search engines,
6    Internet data aggregators, and Internet service providers.
7    (b) Required Conduct.
8        (1) After a person, business, or association has
9    received a written request from an official to protect the
10    privacy of the officer's personal information, that
11    person, business, or association shall have 72 hours to
12    remove the personal information from the Internet.
13        (2) After a person, business, or association has
14    received a written request from an official, that person,
15    business, or association shall ensure that the official's
16    personal information is not made available on any website
17    or subsidiary website controlled by that person, business,
18    or association.
19        (3) After receiving an official's written request, no
20    person, business, or association shall transfer the
21    official's personal information to any other person,
22    business, or association through any medium.
23    (c) Redress. An official whose personal information is
24made public as a result of a violation of this Section may
25bring an action in the circuit court seeking injunctive or
26declaratory relief. If the court grants injunctive or

 

 

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1declaratory relief, the person, business, or association
2responsible for the violation shall be required to pay the
3official's costs and reasonable attorney's fees.
 
4    Section 20. Procedure for completing a written request.
5    (a) No government agency, person, business, or association
6shall be found to have violated any provision of this Act if
7the official fails to submit a written request calling for the
8protection of the officer's personal information.
9    (b) A written request is valid if:
10        (1) the official sends a written request directly to a
11    government agency, person, business, or association; or
12        (2) the Secretary of State creates a policy and
13    procedure for an official to file the written request with
14    the Secretary of State to notify government agencies, the
15    official may send the written request to the Secretary of
16    State as provided in the policy and procedure. In each
17    quarter of a calendar year, the Secretary of State shall
18    provide a list of all officials who have submitted a
19    written request to it to the appropriate officer with
20    ultimate supervisory authority for a government agency.
21    The officer shall promptly provide a copy of the list to
22    any and all government agencies under his or her
23    supervision. Receipt of the written request list compiled
24    by the Secretary of State by a government agency shall
25    constitute a written request to that agency for the

 

 

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

 

 

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1or of the official's immediate family if the person knows or
2reasonably should know that publicly posting the personal
3information poses an imminent and serious threat to the health
4and safety of the official or the official's immediate family
5and the violation is a proximate cause of bodily injury or
6death of the official or a member of the official's immediate
7family. A person who violates this Section is guilty of a Class
83 felony.
9    (b) If an employee of a government agency has complied
10with the provisions of this Act, it is not a violation of
11subsection (a) if the employee publishes personal information,
12in good faith, on the website of the government agency in the
13ordinary course of carrying out public functions.
 
14    Section 30. Construction. This Act and any rules adopted
15to implement this Act shall be construed broadly to favor the
16protection of the personal information of officials.
 
17    Section 100. The Freedom of Information Act is amended by
18changing Section 7 as follows:
 
19    (5 ILCS 140/7)  (from Ch. 116, par. 207)
20    Sec. 7. Exemptions.
21    (1) When a request is made to inspect or copy a public
22record that contains information that is exempt from
23disclosure under this Section, but also contains information

 

 

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1that is not exempt from disclosure, the public body may elect
2to redact the information that is exempt. The public body
3shall make the remaining information available for inspection
4and copying. Subject to this requirement, the following shall
5be exempt from inspection and copying:
6        (a) Information specifically prohibited from
7    disclosure by federal or State law or rules and
8    regulations implementing federal or State law.
9        (b) Private information, unless disclosure is required
10    by another provision of this Act, a State or federal law or
11    a court order.
12        (b-5) Files, documents, and other data or databases
13    maintained by one or more law enforcement agencies and
14    specifically designed to provide information to one or
15    more law enforcement agencies regarding the physical or
16    mental status of one or more individual subjects.
17        (c) Personal information contained within public
18    records, the disclosure of which would constitute a
19    clearly unwarranted invasion of personal privacy, unless
20    the disclosure is consented to in writing by the
21    individual subjects of the information. "Unwarranted
22    invasion of personal privacy" means the disclosure of
23    information that is highly personal or objectionable to a
24    reasonable person and in which the subject's right to
25    privacy outweighs any legitimate public interest in
26    obtaining the information. The disclosure of information

 

 

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1    that bears on the public duties of public employees and
2    officials shall not be considered an invasion of personal
3    privacy.
4        (d) Records in the possession of any public body
5    created in the course of administrative enforcement
6    proceedings, and any law enforcement or correctional
7    agency for law enforcement purposes, but only to the
8    extent that disclosure would:
9            (i) interfere with pending or actually and
10        reasonably contemplated law enforcement proceedings
11        conducted by any law enforcement or correctional
12        agency that is the recipient of the request;
13            (ii) interfere with active administrative
14        enforcement proceedings conducted by the public body
15        that is the recipient of the request;
16            (iii) create a substantial likelihood that a
17        person will be deprived of a fair trial or an impartial
18        hearing;
19            (iv) unavoidably disclose the identity of a
20        confidential source, confidential information
21        furnished only by the confidential source, or persons
22        who file complaints with or provide information to
23        administrative, investigative, law enforcement, or
24        penal agencies; except that the identities of
25        witnesses to traffic accidents, traffic accident
26        reports, and rescue reports shall be provided by

 

 

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1        agencies of local government, except when disclosure
2        would interfere with an active criminal investigation
3        conducted by the agency that is the recipient of the
4        request;
5            (v) disclose unique or specialized investigative
6        techniques other than those generally used and known
7        or disclose internal documents of correctional
8        agencies related to detection, observation or
9        investigation of incidents of crime or misconduct, and
10        disclosure would result in demonstrable harm to the
11        agency or public body that is the recipient of the
12        request;
13            (vi) endanger the life or physical safety of law
14        enforcement personnel or any other person; or
15            (vii) obstruct an ongoing criminal investigation
16        by the agency that is the recipient of the request.
17        (d-5) A law enforcement record created for law
18    enforcement purposes and contained in a shared electronic
19    record management system if the law enforcement agency
20    that is the recipient of the request did not create the
21    record, did not participate in or have a role in any of the
22    events which are the subject of the record, and only has
23    access to the record through the shared electronic record
24    management system.
25        (e) Records that relate to or affect the security of
26    correctional institutions and detention facilities.

 

 

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1        (e-5) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials are available in the library of the correctional
5    institution or facility or jail where the inmate is
6    confined.
7        (e-6) Records requested by persons committed to the
8    Department of Corrections, Department of Human Services
9    Division of Mental Health, or a county jail if those
10    materials include records from staff members' personnel
11    files, staff rosters, or other staffing assignment
12    information.
13        (e-7) Records requested by persons committed to the
14    Department of Corrections or Department of Human Services
15    Division of Mental Health if those materials are available
16    through an administrative request to the Department of
17    Corrections or Department of Human Services Division of
18    Mental Health.
19        (e-8) Records requested by a person committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail, the
22    disclosure of which would result in the risk of harm to any
23    person or the risk of an escape from a jail or correctional
24    institution or facility.
25        (e-9) Records requested by a person in a county jail
26    or committed to the Department of Corrections or

 

 

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1    Department of Human Services Division of Mental Health,
2    containing personal information pertaining to the person's
3    victim or the victim's family, including, but not limited
4    to, a victim's home address, home telephone number, work
5    or school address, work telephone number, social security
6    number, or any other identifying information, except as
7    may be relevant to a requester's current or potential case
8    or claim.
9        (e-10) Law enforcement records of other persons
10    requested by a person committed to the Department of
11    Corrections, Department of Human Services Division of
12    Mental Health, or a county jail, including, but not
13    limited to, arrest and booking records, mug shots, and
14    crime scene photographs, except as these records may be
15    relevant to the requester's current or potential case or
16    claim.
17        (f) Preliminary drafts, notes, recommendations,
18    memoranda and other records in which opinions are
19    expressed, or policies or actions are formulated, except
20    that a specific record or relevant portion of a record
21    shall not be exempt when the record is publicly cited and
22    identified by the head of the public body. The exemption
23    provided in this paragraph (f) extends to all those
24    records of officers and agencies of the General Assembly
25    that pertain to the preparation of legislative documents.
26        (g) Trade secrets and commercial or financial

 

 

HB2447- 13 -LRB102 14202 AWJ 19554 b

1    information obtained from a person or business where the
2    trade secrets or commercial or financial information are
3    furnished under a claim that they are proprietary,
4    privileged, or confidential, and that disclosure of the
5    trade secrets or commercial or financial information would
6    cause competitive harm to the person or business, and only
7    insofar as the claim directly applies to the records
8    requested.
9        The information included under this exemption includes
10    all trade secrets and commercial or financial information
11    obtained by a public body, including a public pension
12    fund, from a private equity fund or a privately held
13    company within the investment portfolio of a private
14    equity fund as a result of either investing or evaluating
15    a potential investment of public funds in a private equity
16    fund. The exemption contained in this item does not apply
17    to the aggregate financial performance information of a
18    private equity fund, nor to the identity of the fund's
19    managers or general partners. The exemption contained in
20    this item does not apply to the identity of a privately
21    held company within the investment portfolio of a private
22    equity fund, unless the disclosure of the identity of a
23    privately held company may cause competitive harm.
24        Nothing contained in this paragraph (g) shall be
25    construed to prevent a person or business from consenting
26    to disclosure.

 

 

HB2447- 14 -LRB102 14202 AWJ 19554 b

1        (h) Proposals and bids for any contract, grant, or
2    agreement, including information which if it were
3    disclosed would frustrate procurement or give an advantage
4    to any person proposing to enter into a contractor
5    agreement with the body, until an award or final selection
6    is made. Information prepared by or for the body in
7    preparation of a bid solicitation shall be exempt until an
8    award or final selection is made.
9        (i) Valuable formulae, computer geographic systems,
10    designs, drawings and research data obtained or produced
11    by any public body when disclosure could reasonably be
12    expected to produce private gain or public loss. The
13    exemption for "computer geographic systems" provided in
14    this paragraph (i) does not extend to requests made by
15    news media as defined in Section 2 of this Act when the
16    requested information is not otherwise exempt and the only
17    purpose of the request is to access and disseminate
18    information regarding the health, safety, welfare, or
19    legal rights of the general public.
20        (j) The following information pertaining to
21    educational matters:
22            (i) test questions, scoring keys and other
23        examination data used to administer an academic
24        examination;
25            (ii) information received by a primary or
26        secondary school, college, or university under its

 

 

HB2447- 15 -LRB102 14202 AWJ 19554 b

1        procedures for the evaluation of faculty members by
2        their academic peers;
3            (iii) information concerning a school or
4        university's adjudication of student disciplinary
5        cases, but only to the extent that disclosure would
6        unavoidably reveal the identity of the student; and
7            (iv) course materials or research materials used
8        by faculty members.
9        (k) Architects' plans, engineers' technical
10    submissions, and other construction related technical
11    documents for projects not constructed or developed in
12    whole or in part with public funds and the same for
13    projects constructed or developed with public funds,
14    including, but not limited to, power generating and
15    distribution stations and other transmission and
16    distribution facilities, water treatment facilities,
17    airport facilities, sport stadiums, convention centers,
18    and all government owned, operated, or occupied buildings,
19    but only to the extent that disclosure would compromise
20    security.
21        (l) Minutes of meetings of public bodies closed to the
22    public as provided in the Open Meetings Act until the
23    public body makes the minutes available to the public
24    under Section 2.06 of the Open Meetings Act.
25        (m) Communications between a public body and an
26    attorney or auditor representing the public body that

 

 

HB2447- 16 -LRB102 14202 AWJ 19554 b

1    would not be subject to discovery in litigation, and
2    materials prepared or compiled by or for a public body in
3    anticipation of a criminal, civil, or administrative
4    proceeding upon the request of an attorney advising the
5    public body, and materials prepared or compiled with
6    respect to internal audits of public bodies.
7        (n) Records relating to a public body's adjudication
8    of employee grievances or disciplinary cases; however,
9    this exemption shall not extend to the final outcome of
10    cases in which discipline is imposed.
11        (o) Administrative or technical information associated
12    with automated data processing operations, including, but
13    not limited to, software, operating protocols, computer
14    program abstracts, file layouts, source listings, object
15    modules, load modules, user guides, documentation
16    pertaining to all logical and physical design of
17    computerized systems, employee manuals, and any other
18    information that, if disclosed, would jeopardize the
19    security of the system or its data or the security of
20    materials exempt under this Section.
21        (p) Records relating to collective negotiating matters
22    between public bodies and their employees or
23    representatives, except that any final contract or
24    agreement shall be subject to inspection and copying.
25        (q) Test questions, scoring keys, and other
26    examination data used to determine the qualifications of

 

 

HB2447- 17 -LRB102 14202 AWJ 19554 b

1    an applicant for a license or employment.
2        (r) The records, documents, and information relating
3    to real estate purchase negotiations until those
4    negotiations have been completed or otherwise terminated.
5    With regard to a parcel involved in a pending or actually
6    and reasonably contemplated eminent domain proceeding
7    under the Eminent Domain Act, records, documents, and
8    information relating to that parcel shall be exempt except
9    as may be allowed under discovery rules adopted by the
10    Illinois Supreme Court. The records, documents, and
11    information relating to a real estate sale shall be exempt
12    until a sale is consummated.
13        (s) Any and all proprietary information and records
14    related to the operation of an intergovernmental risk
15    management association or self-insurance pool or jointly
16    self-administered health and accident cooperative or pool.
17    Insurance or self insurance (including any
18    intergovernmental risk management association or self
19    insurance pool) claims, loss or risk management
20    information, records, data, advice or communications.
21        (t) Information contained in or related to
22    examination, operating, or condition reports prepared by,
23    on behalf of, or for the use of a public body responsible
24    for the regulation or supervision of financial
25    institutions, insurance companies, or pharmacy benefit
26    managers, unless disclosure is otherwise required by State

 

 

HB2447- 18 -LRB102 14202 AWJ 19554 b

1    law.
2        (u) Information that would disclose or might lead to
3    the disclosure of secret or confidential information,
4    codes, algorithms, programs, or private keys intended to
5    be used to create electronic or digital signatures under
6    the Electronic Commerce Security Act.
7        (v) Vulnerability assessments, security measures, and
8    response policies or plans that are designed to identify,
9    prevent, or respond to potential attacks upon a
10    community's population or systems, facilities, or
11    installations, the destruction or contamination of which
12    would constitute a clear and present danger to the health
13    or safety of the community, but only to the extent that
14    disclosure could reasonably be expected to jeopardize the
15    effectiveness of the measures or the safety of the
16    personnel who implement them or the public. Information
17    exempt under this item may include such things as details
18    pertaining to the mobilization or deployment of personnel
19    or equipment, to the operation of communication systems or
20    protocols, or to tactical operations.
21        (w) (Blank).
22        (x) Maps and other records regarding the location or
23    security of generation, transmission, distribution,
24    storage, gathering, treatment, or switching facilities
25    owned by a utility, by a power generator, or by the
26    Illinois Power Agency.

 

 

HB2447- 19 -LRB102 14202 AWJ 19554 b

1        (y) Information contained in or related to proposals,
2    bids, or negotiations related to electric power
3    procurement under Section 1-75 of the Illinois Power
4    Agency Act and Section 16-111.5 of the Public Utilities
5    Act that is determined to be confidential and proprietary
6    by the Illinois Power Agency or by the Illinois Commerce
7    Commission.
8        (z) Information about students exempted from
9    disclosure under Sections 10-20.38 or 34-18.29 of the
10    School Code, and information about undergraduate students
11    enrolled at an institution of higher education exempted
12    from disclosure under Section 25 of the Illinois Credit
13    Card Marketing Act of 2009.
14        (aa) Information the disclosure of which is exempted
15    under the Viatical Settlements Act of 2009.
16        (bb) Records and information provided to a mortality
17    review team and records maintained by a mortality review
18    team appointed under the Department of Juvenile Justice
19    Mortality Review Team Act.
20        (cc) Information regarding interments, entombments, or
21    inurnments of human remains that are submitted to the
22    Cemetery Oversight Database under the Cemetery Care Act or
23    the Cemetery Oversight Act, whichever is applicable.
24        (dd) Correspondence and records (i) that may not be
25    disclosed under Section 11-9 of the Illinois Public Aid
26    Code or (ii) that pertain to appeals under Section 11-8 of

 

 

HB2447- 20 -LRB102 14202 AWJ 19554 b

1    the Illinois Public Aid Code.
2        (ee) The names, addresses, or other personal
3    information of persons who are minors and are also
4    participants and registrants in programs of park
5    districts, forest preserve districts, conservation
6    districts, recreation agencies, and special recreation
7    associations.
8        (ff) The names, addresses, or other personal
9    information of participants and registrants in programs of
10    park districts, forest preserve districts, conservation
11    districts, recreation agencies, and special recreation
12    associations where such programs are targeted primarily to
13    minors.
14        (gg) Confidential information described in Section
15    1-100 of the Illinois Independent Tax Tribunal Act of
16    2012.
17        (hh) The report submitted to the State Board of
18    Education by the School Security and Standards Task Force
19    under item (8) of subsection (d) of Section 2-3.160 of the
20    School Code and any information contained in that report.
21        (ii) Records requested by persons committed to or
22    detained by the Department of Human Services under the
23    Sexually Violent Persons Commitment Act or committed to
24    the Department of Corrections under the Sexually Dangerous
25    Persons Act if those materials: (i) are available in the
26    library of the facility where the individual is confined;

 

 

HB2447- 21 -LRB102 14202 AWJ 19554 b

1    (ii) include records from staff members' personnel files,
2    staff rosters, or other staffing assignment information;
3    or (iii) are available through an administrative request
4    to the Department of Human Services or the Department of
5    Corrections.
6        (jj) Confidential information described in Section
7    5-535 of the Civil Administrative Code of Illinois.
8        (kk) The public body's credit card numbers, debit card
9    numbers, bank account numbers, Federal Employer
10    Identification Number, security code numbers, passwords,
11    and similar account information, the disclosure of which
12    could result in identity theft or impression or defrauding
13    of a governmental entity or a person.
14        (ll) (kk) Records concerning the work of the threat
15    assessment team of a school district.
16    (1.5) Any information exempt from disclosure under the
17Judicial Privacy Act and the Public Safety and Justice Privacy
18Act shall be redacted from public records prior to disclosure
19under this Act.
20    (2) A public record that is not in the possession of a
21public body but is in the possession of a party with whom the
22agency has contracted to perform a governmental function on
23behalf of the public body, and that directly relates to the
24governmental function and is not otherwise exempt under this
25Act, shall be considered a public record of the public body,
26for purposes of this Act.

 

 

HB2447- 22 -LRB102 14202 AWJ 19554 b

1    (3) This Section does not authorize withholding of
2information or limit the availability of records to the
3public, except as stated in this Section or otherwise provided
4in this Act.
5(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
6100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
71-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
8    Section 105. The Election Code is amended by adding
9Section 10-10.3 as follows:
 
10    (10 ILCS 5/10-10.3 new)
11    Sec. 10-10.3. Removal of an official's address information
12from the certificate of nomination or nomination papers.
13    (a) As used in this Section, "home address" and "official"
14have the meanings given to those terms in Section 5 of the
15Public Safety and Justice Privacy Act.
16    (b) Upon expiration of the period for filing an objection
17to an official's certificate of nomination or nomination
18papers, an official who is a candidate may file a written
19request with the State Board of Elections for redaction of the
20official's home address information from his or her
21certificate of nomination or nomination papers. After receipt
22of the official's written request, the State Board of
23Elections shall redact or cause redaction of the official's
24home address from his or her certificate of nomination or

 

 

HB2447- 23 -LRB102 14202 AWJ 19554 b

1nomination papers within 5 business days.
2    (c) Prior to expiration of the period for filing an
3objection to an official's certificate of nomination or
4nomination papers, the home address information from the
5certificate of nomination or nomination papers of an official
6who is a candidate is available for public inspection. After
7redaction of an official's home address information under
8subsection (b), the home address information is only available
9for an in camera inspection by the court reviewing an
10objection to the official's certificate of nomination or
11nomination papers.
 
12    Section 110. The Illinois Identification Card Act is
13amended by changing Sections 4 and 5 as follows:
 
14    (15 ILCS 335/4)  (from Ch. 124, par. 24)
15    Sec. 4. Identification card.
16    (a) The Secretary of State shall issue a standard Illinois
17Identification Card to any natural person who is a resident of
18the State of Illinois who applies for such card, or renewal
19thereof. No identification card shall be issued to any person
20who holds a valid foreign state identification card, license,
21or permit unless the person first surrenders to the Secretary
22of State the valid foreign state identification card, license,
23or permit. The card shall be prepared and supplied by the
24Secretary of State and shall include a photograph and

 

 

HB2447- 24 -LRB102 14202 AWJ 19554 b

1signature or mark of the applicant. However, the Secretary of
2State may provide by rule for the issuance of Illinois
3Identification Cards without photographs if the applicant has
4a bona fide religious objection to being photographed or to
5the display of his or her photograph. The Illinois
6Identification Card may be used for identification purposes in
7any lawful situation only by the person to whom it was issued.
8As used in this Act, "photograph" means any color photograph
9or digitally produced and captured image of an applicant for
10an identification card. As used in this Act, "signature" means
11the name of a person as written by that person and captured in
12a manner acceptable to the Secretary of State.
13    (a-5) If an applicant for an identification card has a
14current driver's license or instruction permit issued by the
15Secretary of State, the Secretary may require the applicant to
16utilize the same residence address and name on the
17identification card, driver's license, and instruction permit
18records maintained by the Secretary. The Secretary may
19promulgate rules to implement this provision.
20    (a-10) If the applicant is a judicial officer as defined
21in Section 1-10 of the Judicial Privacy Act, an official as
22defined in Section 5 of the Public Safety and Justice Privacy
23Act, or a peace officer, the applicant may elect to have his or
24her office or work address listed on the card instead of the
25applicant's residence or mailing address. The Secretary may
26promulgate rules to implement this provision. For the purposes

 

 

HB2447- 25 -LRB102 14202 AWJ 19554 b

1of this subsection (a-10), "peace officer" means any person
2who by virtue of his or her office or public employment is
3vested by law with a duty to maintain public order or to make
4arrests for a violation of any penal statute of this State,
5whether that duty extends to all violations or is limited to
6specific violations.
7    (a-15) The Secretary of State may provide for an expedited
8process for the issuance of an Illinois Identification Card.
9The Secretary shall charge an additional fee for the expedited
10issuance of an Illinois Identification Card, to be set by
11rule, not to exceed $75. All fees collected by the Secretary
12for expedited Illinois Identification Card service shall be
13deposited into the Secretary of State Special Services Fund.
14The Secretary may adopt rules regarding the eligibility,
15process, and fee for an expedited Illinois Identification
16Card. If the Secretary of State determines that the volume of
17expedited identification card requests received on a given day
18exceeds the ability of the Secretary to process those requests
19in an expedited manner, the Secretary may decline to provide
20expedited services, and the additional fee for the expedited
21service shall be refunded to the applicant.
22    (a-20) The Secretary of State shall issue a standard
23Illinois Identification Card to a committed person upon
24release on parole, mandatory supervised release, aftercare
25release, final discharge, or pardon from the Department of
26Corrections or Department of Juvenile Justice, if the released

 

 

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1person presents a certified copy of his or her birth
2certificate, social security card or other documents
3authorized by the Secretary, and 2 documents proving his or
4her Illinois residence address. Documents proving residence
5address may include any official document of the Department of
6Corrections or the Department of Juvenile Justice showing the
7released person's address after release and a Secretary of
8State prescribed certificate of residency form, which may be
9executed by Department of Corrections or Department of
10Juvenile Justice personnel.
11    (a-25) The Secretary of State shall issue a limited-term
12Illinois Identification Card valid for 90 days to a committed
13person upon release on parole, mandatory supervised release,
14aftercare release, final discharge, or pardon from the
15Department of Corrections or Department of Juvenile Justice,
16if the released person is unable to present a certified copy of
17his or her birth certificate and social security card or other
18documents authorized by the Secretary, but does present a
19Secretary of State prescribed verification form completed by
20the Department of Corrections or Department of Juvenile
21Justice, verifying the released person's date of birth and
22social security number and 2 documents proving his or her
23Illinois residence address. The verification form must have
24been completed no more than 30 days prior to the date of
25application for the Illinois Identification Card. Documents
26proving residence address shall include any official document

 

 

HB2447- 27 -LRB102 14202 AWJ 19554 b

1of the Department of Corrections or the Department of Juvenile
2Justice showing the person's address after release and a
3Secretary of State prescribed certificate of residency, which
4may be executed by Department of Corrections or Department of
5Juvenile Justice personnel.
6    Prior to the expiration of the 90-day period of the
7limited-term Illinois Identification Card, if the released
8person submits to the Secretary of State a certified copy of
9his or her birth certificate and his or her social security
10card or other documents authorized by the Secretary, a
11standard Illinois Identification Card shall be issued. A
12limited-term Illinois Identification Card may not be renewed.
13    (a-30) The Secretary of State shall issue a standard
14Illinois Identification Card to a person upon conditional
15release or absolute discharge from the custody of the
16Department of Human Services, if the person presents a
17certified copy of his or her birth certificate, social
18security card, or other documents authorized by the Secretary,
19and a document proving his or her Illinois residence address.
20The Secretary of State shall issue a standard Illinois
21Identification Card to a person no sooner than 14 days prior to
22his or her conditional release or absolute discharge if
23personnel from the Department of Human Services bring the
24person to a Secretary of State location with the required
25documents. Documents proving residence address may include any
26official document of the Department of Human Services showing

 

 

HB2447- 28 -LRB102 14202 AWJ 19554 b

1the person's address after release and a Secretary of State
2prescribed verification form, which may be executed by
3personnel of the Department of Human Services.
4    (a-35) The Secretary of State shall issue a limited-term
5Illinois Identification Card valid for 90 days to a person
6upon conditional release or absolute discharge from the
7custody of the Department of Human Services, if the person is
8unable to present a certified copy of his or her birth
9certificate and social security card or other documents
10authorized by the Secretary, but does present a Secretary of
11State prescribed verification form completed by the Department
12of Human Services, verifying the person's date of birth and
13social security number, and a document proving his or her
14Illinois residence address. The verification form must have
15been completed no more than 30 days prior to the date of
16application for the Illinois Identification Card. The
17Secretary of State shall issue a limited-term Illinois
18Identification Card to a person no sooner than 14 days prior to
19his or her conditional release or absolute discharge if
20personnel from the Department of Human Services bring the
21person to a Secretary of State location with the required
22documents. Documents proving residence address shall include
23any official document of the Department of Human Services
24showing the person's address after release and a Secretary of
25State prescribed verification form, which may be executed by
26personnel of the Department of Human Services.

 

 

HB2447- 29 -LRB102 14202 AWJ 19554 b

1    (b) The Secretary of State shall issue a special Illinois
2Identification Card, which shall be known as an Illinois
3Person with a Disability Identification Card, to any natural
4person who is a resident of the State of Illinois, who is a
5person with a disability as defined in Section 4A of this Act,
6who applies for such card, or renewal thereof. No Illinois
7Person with a Disability Identification Card shall be issued
8to any person who holds a valid foreign state identification
9card, license, or permit unless the person first surrenders to
10the Secretary of State the valid foreign state identification
11card, license, or permit. The Secretary of State shall charge
12no fee to issue such card. The card shall be prepared and
13supplied by the Secretary of State, and shall include a
14photograph and signature or mark of the applicant, a
15designation indicating that the card is an Illinois Person
16with a Disability Identification Card, and shall include a
17comprehensible designation of the type and classification of
18the applicant's disability as set out in Section 4A of this
19Act. However, the Secretary of State may provide by rule for
20the issuance of Illinois Person with a Disability
21Identification Cards without photographs if the applicant has
22a bona fide religious objection to being photographed or to
23the display of his or her photograph. If the applicant so
24requests, the card shall include a description of the
25applicant's disability and any information about the
26applicant's disability or medical history which the Secretary

 

 

HB2447- 30 -LRB102 14202 AWJ 19554 b

1determines would be helpful to the applicant in securing
2emergency medical care. If a mark is used in lieu of a
3signature, such mark shall be affixed to the card in the
4presence of two witnesses who attest to the authenticity of
5the mark. The Illinois Person with a Disability Identification
6Card may be used for identification purposes in any lawful
7situation by the person to whom it was issued.
8    The Illinois Person with a Disability Identification Card
9may be used as adequate documentation of disability in lieu of
10a physician's determination of disability, a determination of
11disability from a physician assistant, a determination of
12disability from an advanced practice registered nurse, or any
13other documentation of disability whenever any State law
14requires that a person with a disability provide such
15documentation of disability, however an Illinois Person with a
16Disability Identification Card shall not qualify the
17cardholder to participate in any program or to receive any
18benefit which is not available to all persons with like
19disabilities. Notwithstanding any other provisions of law, an
20Illinois Person with a Disability Identification Card, or
21evidence that the Secretary of State has issued an Illinois
22Person with a Disability Identification Card, shall not be
23used by any person other than the person named on such card to
24prove that the person named on such card is a person with a
25disability or for any other purpose unless the card is used for
26the benefit of the person named on such card, and the person

 

 

HB2447- 31 -LRB102 14202 AWJ 19554 b

1named on such card consents to such use at the time the card is
2so used.
3    An optometrist's determination of a visual disability
4under Section 4A of this Act is acceptable as documentation
5for the purpose of issuing an Illinois Person with a
6Disability Identification Card.
7    When medical information is contained on an Illinois
8Person with a Disability Identification Card, the Office of
9the Secretary of State shall not be liable for any actions
10taken based upon that medical information.
11    (c) The Secretary of State shall provide that each
12original or renewal Illinois Identification Card or Illinois
13Person with a Disability Identification Card issued to a
14person under the age of 21 shall be of a distinct nature from
15those Illinois Identification Cards or Illinois Person with a
16Disability Identification Cards issued to individuals 21 years
17of age or older. The color designated for Illinois
18Identification Cards or Illinois Person with a Disability
19Identification Cards for persons under the age of 21 shall be
20at the discretion of the Secretary of State.
21    (c-1) Each original or renewal Illinois Identification
22Card or Illinois Person with a Disability Identification Card
23issued to a person under the age of 21 shall display the date
24upon which the person becomes 18 years of age and the date upon
25which the person becomes 21 years of age.
26    (c-3) The General Assembly recognizes the need to identify

 

 

HB2447- 32 -LRB102 14202 AWJ 19554 b

1military veterans living in this State for the purpose of
2ensuring that they receive all of the services and benefits to
3which they are legally entitled, including healthcare,
4education assistance, and job placement. To assist the State
5in identifying these veterans and delivering these vital
6services and benefits, the Secretary of State is authorized to
7issue Illinois Identification Cards and Illinois Person with a
8Disability Identification Cards with the word "veteran"
9appearing on the face of the cards. This authorization is
10predicated on the unique status of veterans. The Secretary may
11not issue any other identification card which identifies an
12occupation, status, affiliation, hobby, or other unique
13characteristics of the identification card holder which is
14unrelated to the purpose of the identification card.
15    (c-5) Beginning on or before July 1, 2015, the Secretary
16of State shall designate a space on each original or renewal
17identification card where, at the request of the applicant,
18the word "veteran" shall be placed. The veteran designation
19shall be available to a person identified as a veteran under
20subsection (b) of Section 5 of this Act who was discharged or
21separated under honorable conditions.
22    (d) The Secretary of State may issue a Senior Citizen
23discount card, to any natural person who is a resident of the
24State of Illinois who is 60 years of age or older and who
25applies for such a card or renewal thereof. The Secretary of
26State shall charge no fee to issue such card. The card shall be

 

 

HB2447- 33 -LRB102 14202 AWJ 19554 b

1issued in every county and applications shall be made
2available at, but not limited to, nutrition sites, senior
3citizen centers and Area Agencies on Aging. The applicant,
4upon receipt of such card and prior to its use for any purpose,
5shall have affixed thereon in the space provided therefor his
6signature or mark.
7    (e) The Secretary of State, in his or her discretion, may
8designate on each Illinois Identification Card or Illinois
9Person with a Disability Identification Card a space where the
10card holder may place a sticker or decal, issued by the
11Secretary of State, of uniform size as the Secretary may
12specify, that shall indicate in appropriate language that the
13card holder has renewed his or her Illinois Identification
14Card or Illinois Person with a Disability Identification Card.
15(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1699-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
177-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
18    (15 ILCS 335/5)  (from Ch. 124, par. 25)
19    Sec. 5. Applications.
20    (a) Any natural person who is a resident of the State of
21Illinois may file an application for an identification card,
22or for the renewal thereof, in a manner prescribed by the
23Secretary. Each original application shall be completed by the
24applicant in full and shall set forth the legal name,
25residence address and zip code, social security number, birth

 

 

HB2447- 34 -LRB102 14202 AWJ 19554 b

1date, sex and a brief description of the applicant. The
2applicant shall be photographed, unless the Secretary of State
3has provided by rule for the issuance of identification cards
4without photographs and the applicant is deemed eligible for
5an identification card without a photograph under the terms
6and conditions imposed by the Secretary of State, and he or she
7shall also submit any other information as the Secretary may
8deem necessary or such documentation as the Secretary may
9require to determine the identity of the applicant. In
10addition to the residence address, the Secretary may allow the
11applicant to provide a mailing address. If the applicant is a
12judicial officer as defined in Section 1-10 of the Judicial
13Privacy Act, an official as defined in Section 5 of the Public
14Safety and Justice Privacy Act, or a peace officer, the
15applicant may elect to have his or her office or work address
16in lieu of the applicant's residence or mailing address. An
17applicant for an Illinois Person with a Disability
18Identification Card must also submit with each original or
19renewal application, on forms prescribed by the Secretary,
20such documentation as the Secretary may require, establishing
21that the applicant is a "person with a disability" as defined
22in Section 4A of this Act, and setting forth the applicant's
23type and class of disability as set forth in Section 4A of this
24Act. For the purposes of this subsection (a), "peace officer"
25means any person who by virtue of his or her office or public
26employment is vested by law with a duty to maintain public

 

 

HB2447- 35 -LRB102 14202 AWJ 19554 b

1order or to make arrests for a violation of any penal statute
2of this State, whether that duty extends to all violations or
3is limited to specific violations.
4    (a-5) Upon the first issuance of a request for proposals
5for a digital driver's license and identification card
6issuance and facial recognition system issued after January 1,
72020 (the effective date of Public Act 101-513) this
8amendatory Act of the 101st General Assembly, and upon
9implementation of a new or revised system procured pursuant to
10that request for proposals, the Secretary shall permit
11applicants to choose between "male", "female", or "non-binary"
12when designating the applicant's sex on the identification
13card application form. The sex designated by the applicant
14shall be displayed on the identification card issued to the
15applicant.
16    (b) Beginning on or before July 1, 2015, for each original
17or renewal identification card application under this Act, the
18Secretary shall inquire as to whether the applicant is a
19veteran for purposes of issuing an identification card with a
20veteran designation under subsection (c-5) of Section 4 of
21this Act. The acceptable forms of proof shall include, but are
22not limited to, Department of Defense form DD-214, Department
23of Defense form DD-256 for applicants who did not receive a
24form DD-214 upon the completion of initial basic training,
25Department of Defense form DD-2 (Retired), an identification
26card issued under the federal Veterans Identification Card Act

 

 

HB2447- 36 -LRB102 14202 AWJ 19554 b

1of 2015, or a United States Department of Veterans Affairs
2summary of benefits letter. If the document cannot be stamped,
3the Illinois Department of Veterans' Affairs shall provide a
4certificate to the veteran to provide to the Secretary of
5State. The Illinois Department of Veterans' Affairs shall
6advise the Secretary as to what other forms of proof of a
7person's status as a veteran are acceptable.
8    For each applicant who is issued an identification card
9with a veteran designation, the Secretary shall provide the
10Department of Veterans' Affairs with the applicant's name,
11address, date of birth, gender, and such other demographic
12information as agreed to by the Secretary and the Department.
13The Department may take steps necessary to confirm the
14applicant is a veteran. If after due diligence, including
15writing to the applicant at the address provided by the
16Secretary, the Department is unable to verify the applicant's
17veteran status, the Department shall inform the Secretary, who
18shall notify the applicant that he or she must confirm status
19as a veteran, or the identification card will be cancelled.
20    For purposes of this subsection (b):
21    "Armed forces" means any of the Armed Forces of the United
22States, including a member of any reserve component or
23National Guard unit.
24    "Veteran" means a person who has served in the armed
25forces and was discharged or separated under honorable
26conditions.

 

 

HB2447- 37 -LRB102 14202 AWJ 19554 b

1    (c) All applicants for REAL ID compliant standard Illinois
2Identification Cards and Illinois Person with a Disability
3Identification Cards shall provide proof of lawful status in
4the United States as defined in 6 CFR 37.3, as amended.
5Applicants who are unable to provide the Secretary with proof
6of lawful status are ineligible for REAL ID compliant
7identification cards under this Act.
8(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
9100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
108-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
 
11    Section 115. The Illinois Vehicle Code is amended by
12changing Sections 3-405, 6-106, and 6-110 as follows:
 
13    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
14    Sec. 3-405. Application for registration.
15    (a) Every owner of a vehicle subject to registration under
16this Code shall make application to the Secretary of State for
17the registration of such vehicle upon the appropriate form or
18forms furnished by the Secretary. Every such application shall
19bear the signature of the owner written with pen and ink and
20contain:
21        1. The name, domicile address, as defined in Section
22    1-115.5 of this Code, (except as otherwise provided in
23    this paragraph 1), mail address of the owner or business
24    address of the owner if a firm, association, or

 

 

HB2447- 38 -LRB102 14202 AWJ 19554 b

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

 

 

HB2447- 39 -LRB102 14202 AWJ 19554 b

1    Code; (B) "deputy sheriff" means a deputy sheriff
2    appointed under Section 3-6008 of the Counties Code; (C)
3    "elected sheriff" means a sheriff commissioned pursuant to
4    Section 3-6001 of the Counties Code; (D) "fire
5    investigator" means a person classified as a peace officer
6    under the Peace Officer Fire Investigation Act; (E)
7    "state's attorney", "assistant state's attorney", and
8    "state's attorney special investigator" mean a state's
9    attorney, assistant state's attorney, and state's attorney
10    special investigator commissioned or appointed under
11    Division 3-9 of the Counties Code; and (F) "judicial
12    officer" has the meaning ascribed to it in Section 1-10 of
13    the Judicial Privacy Act; and (G) "official" has the
14    meaning ascribed to it in Section 5 of the Public Safety
15    and Justice Privacy Act.
16        2. A description of the vehicle, including such
17    information as is required in an application for a
18    certificate of title, determined under such standard
19    rating as may be prescribed by the Secretary.
20        3. (Blank).
21        4. Such further information as may reasonably be
22    required by the Secretary to enable him to determine
23    whether the vehicle is lawfully entitled to registration
24    and the owner entitled to a certificate of title.
25        5. An affirmation by the applicant that all
26    information set forth is true and correct. If the

 

 

HB2447- 40 -LRB102 14202 AWJ 19554 b

1    application is for the registration of a motor vehicle,
2    the applicant also shall affirm that the motor vehicle is
3    insured as required by this Code, that such insurance will
4    be maintained throughout the period for which the motor
5    vehicle shall be registered, and that neither the owner,
6    nor any person operating the motor vehicle with the
7    owner's permission, shall operate the motor vehicle unless
8    the required insurance is in effect. If the person signing
9    the affirmation is not the sole owner of the vehicle, such
10    person shall be deemed to have affirmed on behalf of all
11    the owners of the vehicle. If the person signing the
12    affirmation is not an owner of the vehicle, such person
13    shall be deemed to have affirmed on behalf of the owner or
14    owners of the vehicle. The lack of signature on the
15    application shall not in any manner exempt the owner or
16    owners from any provisions, requirements or penalties of
17    this Code.
18    (b) When such application refers to a new vehicle
19purchased from a dealer the application shall be accompanied
20by a Manufacturer's Statement of Origin from the dealer, and a
21statement showing any lien retained by the dealer.
22(Source: P.A. 100-145, eff. 1-1-18.)
 
23    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
24    Sec. 6-106. Application for license or instruction permit.
25    (a) Every application for any permit or license authorized

 

 

HB2447- 41 -LRB102 14202 AWJ 19554 b

1to be issued under this Code shall be made upon a form
2furnished by the Secretary of State. Every application shall
3be accompanied by the proper fee and payment of such fee shall
4entitle the applicant to not more than 3 attempts to pass the
5examination within a period of one year after the date of
6application.
7    (b) Every application shall state the legal name, social
8security number, zip code, date of birth, sex, and residence
9address of the applicant; briefly describe the applicant;
10state whether the applicant has theretofore been licensed as a
11driver, and, if so, when and by what state or country, and
12whether any such license has ever been cancelled, suspended,
13revoked or refused, and, if so, the date and reason for such
14cancellation, suspension, revocation or refusal; shall include
15an affirmation by the applicant that all information set forth
16is true and correct; and shall bear the applicant's signature.
17In addition to the residence address, the Secretary may allow
18the applicant to provide a mailing address. In the case of an
19applicant who is a judicial officer, official, or peace
20officer, the Secretary may allow the applicant to provide an
21office or work address in lieu of a residence or mailing
22address. The application form may also require the statement
23of such additional relevant information as the Secretary of
24State shall deem necessary to determine the applicant's
25competency and eligibility. The Secretary of State may, in his
26discretion, by rule or regulation, provide that an application

 

 

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1for a drivers license or permit may include a suitable
2photograph of the applicant in the form prescribed by the
3Secretary, and he may further provide that each drivers
4license shall include a photograph of the driver. The
5Secretary of State may utilize a photograph process or system
6most suitable to deter alteration or improper reproduction of
7a drivers license and to prevent substitution of another photo
8thereon. For the purposes of this subsection (b): ,
9    "Official" has the meaning ascribed to it in Section 5 of
10the Public Safety and Justice Privacy Act.
11    "Peace peace officer" means any person who by virtue of
12his or her office or public employment is vested by law with a
13duty to maintain public order or to make arrests for a
14violation of any penal statute of this State, whether that
15duty extends to all violations or is limited to specific
16violations.
17    (b-3) Upon the first issuance of a request for proposals
18for a digital driver's license and identification card
19issuance and facial recognition system issued after January 1,
202020 (the effective date of Public Act 101-513) this
21amendatory Act of the 101st General Assembly, and upon
22implementation of a new or revised system procured pursuant to
23that request for proposals, the Secretary shall permit
24applicants to choose between "male", "female" or "non-binary"
25when designating the applicant's sex on the driver's license
26application form. The sex designated by the applicant shall be

 

 

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1displayed on the driver's license issued to the applicant.
2    (b-5) Every applicant for a REAL ID compliant driver's
3license or permit shall provide proof of lawful status in the
4United States as defined in 6 CFR 37.3, as amended. Applicants
5who are unable to provide the Secretary with proof of lawful
6status may apply for a driver's license or permit under
7Section 6-105.1 of this Code.
8    (c) The application form shall include a notice to the
9applicant of the registration obligations of sex offenders
10under the Sex Offender Registration Act. The notice shall be
11provided in a form and manner prescribed by the Secretary of
12State. For purposes of this subsection (c), "sex offender" has
13the meaning ascribed to it in Section 2 of the Sex Offender
14Registration Act.
15    (d) Any male United States citizen or immigrant who
16applies for any permit or license authorized to be issued
17under this Code or for a renewal of any permit or license, and
18who is at least 18 years of age but less than 26 years of age,
19must be registered in compliance with the requirements of the
20federal Military Selective Service Act. The Secretary of State
21must forward in an electronic format the necessary personal
22information regarding the applicants identified in this
23subsection (d) to the Selective Service System. The
24applicant's signature on the application serves as an
25indication that the applicant either has already registered
26with the Selective Service System or that he is authorizing

 

 

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1the Secretary to forward to the Selective Service System the
2necessary information for registration. The Secretary must
3notify the applicant at the time of application that his
4signature constitutes consent to registration with the
5Selective Service System, if he is not already registered.
6    (e) Beginning on or before July 1, 2015, for each original
7or renewal driver's license application under this Code, the
8Secretary shall inquire as to whether the applicant is a
9veteran for purposes of issuing a driver's license with a
10veteran designation under subsection (e-5) of Section 6-110 of
11this Code. The acceptable forms of proof shall include, but
12are not limited to, Department of Defense form DD-214,
13Department of Defense form DD-256 for applicants who did not
14receive a form DD-214 upon the completion of initial basic
15training, Department of Defense form DD-2 (Retired), an
16identification card issued under the federal Veterans
17Identification Card Act of 2015, or a United States Department
18of Veterans Affairs summary of benefits letter. If the
19document cannot be stamped, the Illinois Department of
20Veterans' Affairs shall provide a certificate to the veteran
21to provide to the Secretary of State. The Illinois Department
22of Veterans' Affairs shall advise the Secretary as to what
23other forms of proof of a person's status as a veteran are
24acceptable.
25    For each applicant who is issued a driver's license with a
26veteran designation, the Secretary shall provide the

 

 

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1Department of Veterans' Affairs with the applicant's name,
2address, date of birth, gender and such other demographic
3information as agreed to by the Secretary and the Department.
4The Department may take steps necessary to confirm the
5applicant is a veteran. If after due diligence, including
6writing to the applicant at the address provided by the
7Secretary, the Department is unable to verify the applicant's
8veteran status, the Department shall inform the Secretary, who
9shall notify the applicant that the he or she must confirm
10status as a veteran, or the driver's license will be
11cancelled.
12    For purposes of this subsection (e):
13    "Armed forces" means any of the Armed Forces of the United
14States, including a member of any reserve component or
15National Guard unit.
16    "Veteran" means a person who has served in the armed
17forces and was discharged or separated under honorable
18conditions.
19(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
20100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
218-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
 
22    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
23    Sec. 6-110. Licenses issued to drivers.
24    (a) The Secretary of State shall issue to every qualifying
25applicant a driver's license as applied for, which license

 

 

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

 

 

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

 

 

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1    insurance covering the program.
2    (a-3) If a graduated driver's license holder over the age
3of 18 committed an offense against traffic regulations
4governing the movement of vehicles or any violation of Section
56-107 or Section 12-603.1 of this Code in the 6 months prior to
6the graduated driver's license holder's 18th birthday, and was
7subsequently convicted of the offense, the provisions of
8subsection (a-1) shall continue to apply until such time as a
9period of 6 consecutive months has elapsed without an
10additional violation and subsequent conviction of an offense
11against traffic regulations governing the movement of vehicles
12or Section 6-107 or Section 12-603.1 of this Code.
13    (a-4) If an applicant for a driver's license or
14instruction permit has a current identification card issued by
15the Secretary of State, the Secretary may require the
16applicant to utilize the same residence address and name on
17the identification card, driver's license, and instruction
18permit records maintained by the Secretary. The Secretary may
19promulgate rules to implement this provision.
20    (a-5) If an applicant for a driver's license is a judicial
21officer, an official, or a peace officer, the applicant may
22elect to have his or her office or work address listed on the
23license instead of the applicant's residence or mailing
24address. The Secretary of State shall adopt rules to implement
25this subsection (a-5). For the purposes of this subsection
26(a-5): ,

 

 

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1    "Official" has the meaning ascribed to it in Section 5 of
2the Public Safety and Justice Privacy Act.
3    "Peace peace officer" means any person who by virtue of
4his or her office or public employment is vested by law with a
5duty to maintain public order or to make arrests for a
6violation of any penal statute of this State, whether that
7duty extends to all violations or is limited to specific
8violations.
9    (b) Until the Secretary of State establishes a First
10Person Consent organ and tissue donor registry under Section
116-117 of this Code, the Secretary of State shall provide a
12format on the reverse of each driver's license issued which
13the licensee may use to execute a document of gift conforming
14to the provisions of the Illinois Anatomical Gift Act. The
15format shall allow the licensee to indicate the gift intended,
16whether specific organs, any organ, or the entire body, and
17shall accommodate the signatures of the donor and 2 witnesses.
18The Secretary shall also inform each applicant or licensee of
19this format, describe the procedure for its execution, and may
20offer the necessary witnesses; provided that in so doing, the
21Secretary shall advise the applicant or licensee that he or
22she is under no compulsion to execute a document of gift. A
23brochure explaining this method of executing an anatomical
24gift document shall be given to each applicant or licensee.
25The brochure shall advise the applicant or licensee that he or
26she is under no compulsion to execute a document of gift, and

 

 

HB2447- 50 -LRB102 14202 AWJ 19554 b

1that he or she may wish to consult with family, friends or
2clergy before doing so. The Secretary of State may undertake
3additional efforts, including education and awareness
4activities, to promote organ and tissue donation.
5    (c) The Secretary of State shall designate on each
6driver's license issued a space where the licensee may place a
7sticker or decal of the uniform size as the Secretary may
8specify, which sticker or decal may indicate in appropriate
9language that the owner of the license carries an Emergency
10Medical Information Card.
11    The sticker may be provided by any person, hospital,
12school, medical group, or association interested in assisting
13in implementing the Emergency Medical Information Card, but
14shall meet the specifications as the Secretary may by rule or
15regulation require.
16    (d) The Secretary of State shall designate on each
17driver's license issued a space where the licensee may
18indicate his blood type and RH factor.
19    (e) The Secretary of State shall provide that each
20original or renewal driver's license issued to a licensee
21under 21 years of age shall be of a distinct nature from those
22driver's licenses issued to individuals 21 years of age and
23older. The color designated for driver's licenses for
24licensees under 21 years of age shall be at the discretion of
25the Secretary of State.
26    (e-1) The Secretary shall provide that each driver's

 

 

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1license issued to a person under the age of 21 displays the
2date upon which the person becomes 18 years of age and the date
3upon which the person becomes 21 years of age.
4    (e-3) The General Assembly recognizes the need to identify
5military veterans living in this State for the purpose of
6ensuring that they receive all of the services and benefits to
7which they are legally entitled, including healthcare,
8education assistance, and job placement. To assist the State
9in identifying these veterans and delivering these vital
10services and benefits, the Secretary of State is authorized to
11issue drivers' licenses with the word "veteran" appearing on
12the face of the licenses. This authorization is predicated on
13the unique status of veterans. The Secretary may not issue any
14other driver's license which identifies an occupation, status,
15affiliation, hobby, or other unique characteristics of the
16license holder which is unrelated to the purpose of the
17driver's license.
18    (e-5) Beginning on or before July 1, 2015, the Secretary
19of State shall designate a space on each original or renewal
20driver's license where, at the request of the applicant, the
21word "veteran" shall be placed. The veteran designation shall
22be available to a person identified as a veteran under
23subsection (e) of Section 6-106 of this Code who was
24discharged or separated under honorable conditions.
25    (f) The Secretary of State shall inform all Illinois
26licensed commercial motor vehicle operators of the

 

 

HB2447- 52 -LRB102 14202 AWJ 19554 b

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

 

 

HB2447- 53 -LRB102 14202 AWJ 19554 b

1terms of this Section is not liable for damages in any civil
2action or subject to prosecution in any criminal proceeding
3for his or her act.
4(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
597-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
61-1-14; 98-463, eff. 8-16-13.)
 
7    Section 999. Effective date. This Act takes effect upon
8becoming law.

 

 

HB2447- 54 -LRB102 14202 AWJ 19554 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 140/7from Ch. 116, par. 207
5    10 ILCS 5/10-10.3 new
6    15 ILCS 335/4from Ch. 124, par. 24
7    15 ILCS 335/5from Ch. 124, par. 25
8    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
9    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
10    625 ILCS 5/6-110from Ch. 95 1/2, par. 6-110