Bill Amendment: IL SB3368 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SOS-RELEASED INMATE ID

Status: 2016-12-15 - Public Act . . . . . . . . . 99-0907 [SB3368 Detail]

Download: Illinois-2015-SB3368-Senate_Amendment_002.html

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Sen. Karen McConnaughay

Filed: 4/8/2016

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AMENDMENT TO SENATE BILL 3368
AMENDMENT NO. ______. Amend Senate Bill 3368 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Identification Card Act is amended
by changing Sections 4 and 12 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice

09900SB3368sam002 - 2 - LRB099 20789 RLC 47207 a
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may

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promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited

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service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon release
on parole, mandatory supervised release, aftercare release,
final discharge, or pardon from the Department of Corrections
or Department of Juvenile Justice, if the released person
presents a certified copy of his or her birth certificate,
social security card, and 2 documents proving his or her
Illinois residence address. Documents proving residence
address may include any official document of the Department of
Corrections or the Department of Juvenile Justice showing the
released person's address after release and a Secretary of
State prescribed certificate of residency form, which may be
executed by Department of Corrections or Department of Juvenile
Justice personnel.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice, if
the released person is unable to present a certified copy of
his or her birth certificate and social security card, but does
present a Secretary of State prescribed verification form
completed by the Department of Corrections or Department of
Juvenile Justice, verifying the released person's date of birth
and social security number and 2 documents proving his or her

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Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile
Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card, a standard Illinois Identification Card shall be issued.
A limited-term Illinois Identification Card may not be renewed.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee

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to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice nurse, or any other

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documentation of disability whenever any State law requires
that a person with a disability provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the
Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person
other than the person named on such card to prove that the
person named on such card is a person with a disability or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the

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age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is

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unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.

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(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
10-14-15.)
(15 ILCS 335/12) (from Ch. 124, par. 32)
Sec. 12. Fees concerning Standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
a. Original card............................... $20
b. Renewal card................................ 20
c. Corrected card.............................. 10
d. Duplicate card.............................. 20
e. Certified copy with seal ................... 5
f. Search ..................................... 2
g. Applicant 65 years of age or over .......... No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ........................... No Fee
j. Original card under 18 years of age.......... $10
k. Renewal card under 18 years of age........... $10
l. Corrected card under 18 years of age......... $5
m. Duplicate card under 18 years of age......... $10
n. Homeless person.............................. No Fee

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o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member...................... No Fee
p. Original card issued to a committed
person upon release on parole,
mandatory supervised release,
aftercare release, final
discharge, or pardon from the
Department of Corrections or
Department of Juvenile Justice.............. No Fee
q. Limited-term Illinois Identification
card issued to a committed person
upon release on parole, mandatory
supervised release, aftercare
release, final discharge, or pardon
from the Department of
Corrections or Department of
Juvenile Justice............................ No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.

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An individual, who resides in a veterans home or veterans
hospital operated by the state or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act

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of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10;
97-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-2.5-75 and 3-14-1 as follows:
(730 ILCS 5/3-2.5-75)
Sec. 3-2.5-75. Release from Department of Juvenile
Justice.
(a) Upon release of a youth on aftercare, the Department
shall return all property held for the youth, provide the youth
with suitable clothing, and procure necessary transportation
for the youth to his or her designated place of residence and
employment. It may provide the youth with a grant of money for
travel and expenses which may be paid in installments. The
amount of the money grant shall be determined by the
Department.
(b) Before a wrongfully imprisoned person, as defined in
Section 3-1-2 of this Code, is discharged from the Department,
the Department shall provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(c) The Department of Juvenile Justice may establish and
maintain, in any institution it administers, revolving funds to

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be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, released, and discharged youth. The
moneys paid into these revolving funds shall be from
appropriations to the Department for committed, released, and
discharged prisoners.
(d) Upon the release of a youth on aftercare, the
Department shall provide that youth with information
concerning programs and services of the Department of Public
Health to ascertain whether that youth has been exposed to the
human immunodeficiency virus (HIV) or any identified causative
agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a youth on aftercare or who has
been wrongfully imprisoned, the Department shall verify the
youth's full name, date of birth, and social security number.
If verification is made by the Department by obtaining a
certified copy of the youth's birth certificate and the youth's
social security card, the Department shall provide the birth
certificate and social security card to the youth. If
verification is done by means other than obtaining a certified
copy of the youth's birth certificate and the youth's social
security card, the Department shall complete a verification
form, prescribed by the Secretary of State and shall provide
that verification form to the youth. provide the youth who has
met the criteria established by the Department with an
identification card identifying the youth as being on aftercare

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or wrongfully imprisoned, as the case may be. The Department,
in consultation with the Office of the Secretary of State,
shall prescribe the form of the identification card, which may
be similar to the form of the standard Illinois Identification
Card. The Department shall inform the youth that he or she may
present the identification card to the Office of the Secretary
of State upon application for a standard Illinois
Identification Card in accordance with the Illinois
Identification Card Act. The Department shall require the youth
to pay a $1 fee for the identification card.
For purposes of a youth receiving an identification card
issued by the Department under this subsection, the Department
shall establish criteria that the youth must meet before the
card is issued. It is the sole responsibility of the youth
requesting the identification card issued by the Department to
meet the established criteria. The youth's failure to meet the
criteria is sufficient reason to deny the youth the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is
issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to youth being released on aftercare or
pardon.

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(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged
from the Department, provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(b) (Blank).

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(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be

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provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to

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subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been exposed

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to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify the
released person's full name, date of birth, and social security
number. If verification is made by the Department by obtaining
a certified copy of the released person's birth certificate and
the released person's social security card, the Department
shall provide the birth certificate and social security card to
the released person. If verification by the Department is done
by means other than obtaining a certified copy of the released
person's birth certificate and the released person's social
security card, the Department shall complete a verification
form, prescribed by the Secretary of State, and shall provide
that verification form to the released person. provide the
person who has met the criteria established by the Department
with an identification card identifying the person as being on
parole, mandatory supervised release, final discharge, pardon,
or wrongfully imprisoned, as the case may be. The Department,
in consultation with the Office of the Secretary of State,
shall prescribe the form of the identification card, which may
be similar to the form of the standard Illinois Identification
Card. The Department shall inform the committed person that he
or she may present the identification card to the Office of the
Secretary of State upon application for a standard Illinois

09900SB3368sam002 - 21 - LRB099 20789 RLC 47207 a
Identification Card in accordance with the Illinois
Identification Card Act. The Department shall require the
committed person to pay a $1 fee for the identification card.
For purposes of a committed person receiving an
identification card issued by the Department under this
subsection, the Department shall establish criteria that the
committed person must meet before the card is issued. It is the
sole responsibility of the committed person requesting the
identification card issued by the Department to meet the
established criteria. The person's failure to meet the criteria
is sufficient reason to deny the committed person the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is
issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to committed persons being released on
parole, mandatory supervised release, final discharge, or
pardon.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the

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Illinois Public Aid Code in accordance with subsection (b) of
Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage
including medical assistance. The Department may adopt rules to
implement this Section.
(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)
Section 99. Effective date. This Act takes effect July 1,
2017.".