Bill Text: IL HB0198 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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 first responder'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.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2021-05-13 - Added Chief Co-Sponsor Rep. Tony McCombie [HB0198 Detail]

Download: Illinois-2021-HB0198-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0198 Introduced , by Rep. Michael T. Marron 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 first responder'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 04226 AWJ 14243 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0198 LRB102 04226 AWJ 14243 b
AN ACT concerning privacy.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Public
Safety and Justice Privacy Act.
Section 5. Definitions. As used in this Act:
"Assistant Public Defender" and "Assistant State's
Attorney" have the meanings given to those terms in Section 15
of the Public Interest Attorney Assistance Act.
"First responder" means a law enforcement officer or
fireman as defined in Section 2 of the Line of Duty
Compensation Act, an "emergency medical technician (EMT)" as
defined in Section 3.50 of the Emergency Medical Services
(EMS) Systems Act, and any other person who is at least 18
years of age who has successfully completed a course of
instruction in emergency medical responder first response as
prescribed by the Illinois Department of Public Health, and
who provides first response services prior to the arrival of
an ambulance or specialized emergency medical services
vehicle, in accordance with the level of care established in
the emergency medical responder first response course.
"Government agency", "personal information", "publicly
available content", and "publicly post" or "publicly display"

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have the meanings given to those terms in 1-10 of Judicial
Privacy Act.
"Home address" includes an official's permanent residence
and any secondary residences affirmatively identified by the
official, but does not include an official's work address.
"Immediate family" includes an official's spouse, child,
parent, or any blood relative of the official or the
official's spouse who lives in the same residence.
"Official" includes:
(1) First responders.
(2) Prosecutors.
(3) Public defenders.
(4) Probation officers.
"Probation officer" has the meaning given to that term in
Section 9b of the Probation and Probation Officers Act.
"Prosecutor" means a State's Attorney, Assistant State's
Attorney, or a prosecutor for a unit of local government.
"Public defender" means a Public Defender or an Assistant
Public Defender.
"Written request" means written notice signed by an
official or a representative of the official's employer
requesting a government agency, person, business, or
association to refrain from posting or displaying publicly
available content that includes the official's personal
information.

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Section 10. Publicly posting or displaying an official's
personal information by government agencies.
(a) Government agencies shall not publicly post or display
publicly available content that includes an official's
personal information, provided that the government agency has
received a written request in accordance with Section 20 that
it refrain from disclosing the official's personal
information. After a government agency has received a written
request, that agency shall remove the official's personal
information from publicly available content within 5 business
days. After the government agency has removed the official's
personal information from publicly available content, the
agency shall not publicly post or display the information and
the official's personal information shall be exempt from the
Freedom of Information Act unless the government agency has
received consent from the official to make the personal
information available to the public.
(b) If a government agency fails to comply with a written
request to refrain from disclosing personal information, the
official may bring an action in the circuit court seeking
injunctive or declaratory relief.
Section 15. Publicly posting an official's personal
information on the Internet by persons, businesses, and
associations.
(a) Prohibited Conduct.

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(1) All persons, businesses, and associations shall
refrain from publicly posting or displaying on the
Internet publicly available content that includes an
official's personal information, provided that the
official has made a written request to the person,
business, or association that it refrain from disclosing
the personal information.
(2) No person, business, or association shall solicit,
sell, or trade on the Internet an official's personal
information with the intent to pose an imminent and
serious threat to the health and safety of the official or
the official's immediate family.
(3) This subsection includes, but is not limited to,
Internet phone directories, Internet search engines,
Internet data aggregators, and Internet service providers.
(b) Required Conduct.
(1) After a person, business, or association has
received a written request from an official to protect the
privacy of the officer's personal information, that
person, business, or association shall have 72 hours to
remove the personal information from the Internet.
(2) After a person, business, or association has
received a written request from an official, that person,
business, or association shall ensure that the official's
personal information is not made available on any website
or subsidiary website controlled by that person, business,

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or association.
(3) After receiving an official's written request, no
person, business, or association shall transfer the
official's personal information to any other person,
business, or association through any medium.
(c) Redress. An official whose personal information is
made public as a result of a violation of this Section may
bring an action in the circuit court seeking injunctive or
declaratory relief. If the court grants injunctive or
declaratory relief, the person, business, or association
responsible for the violation shall be required to pay the
official's costs and reasonable attorney's fees.
Section 20. Procedure for completing a written request.
(a) No government agency, person, business, or association
shall be found to have violated any provision of this Act if
the official fails to submit a written request calling for the
protection of the officer's personal information.
(b) A written request is valid if:
(1) the official sends a written request directly to a
government agency, person, business, or association; or
(2) the Secretary of State creates a policy and
procedure for an official to file the written request with
the Secretary of State to notify government agencies, the
official may send the written request to the Secretary of
State as provided in the policy and procedure. In each

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quarter of a calendar year, the Secretary of State shall
provide a list of all officials who have submitted a
written request to it to the appropriate officer with
ultimate supervisory authority for a government agency.
The officer shall promptly provide a copy of the list to
any and all government agencies under his or her
supervision. Receipt of the written request list compiled
by the Secretary of State by a government agency shall
constitute a written request to that agency for the
purposes of this Act.
(c) A representative from the official's employer may
submit a written request on the official's behalf, provided
that the official gives written consent to the representative
and provided that the representative agrees to furnish a copy
of that consent when a written request is made. The
representative shall submit the written request as provided in
subsection (b).
(d) An official's written request shall specify what
personal information shall be maintained private.
If an official wishes to identify a secondary residence as
a home address, the designation shall be made in the written
request.
An official shall disclose the identity of the officer's
immediate family and indicate that the personal information of
these family members shall also be excluded to the extent that
it could reasonably be expected to reveal the personal

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information of the official.
(e) An official's written request is valid until the
official provides the government agency, person, business, or
association with written permission to release the private
information. An official's written request expires on death.
Section 25. Unlawful publication of personal information.
(a) It is unlawful for any person to knowingly publicly
post on the Internet the personal information of an official
or of the official's immediate family if the person knows or
reasonably should know that publicly posting the personal
information poses an imminent and serious threat to the health
and safety of the official or the official's immediate family
and the violation is a proximate cause of bodily injury or
death of the official or a member of the official's immediate
family. A person who violates this Section is guilty of a Class
3 felony.
(b) If an employee of a government agency has complied
with the provisions of this Act, it is not a violation of
subsection (a) if the employee publishes personal information,
in good faith, on the website of the government agency in the
ordinary course of carrying out public functions.
Section 30. Construction. This Act and any rules adopted
to implement this Act shall be construed broadly to favor the
protection of the personal information of officials.

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Section 100. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public

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records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial

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hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law

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enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of

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Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,

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memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a

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private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate

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information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,

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and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other

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information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any

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intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic or digital signatures under
the Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details

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pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems or
protocols, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review

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team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of

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Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act and the Public Safety and Justice Privacy

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Act shall be redacted from public records prior to disclosure
under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 105. The Election Code is amended by adding
Section 10-10.3 as follows:
(10 ILCS 5/10-10.3 new)
Sec. 10-10.3. Removal of an official's address information
from the certificate of nomination or nomination papers.
(a) As used in this Section, "home address" and "official"
have the meanings given to those terms in Section 5 of the
Public Safety and Justice Privacy Act.

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(b) Upon expiration of the period for filing an objection
to an official's certificate of nomination or nomination
papers, an official who is a candidate may file a written
request with the State Board of Elections for redaction of the
official's home address information from his or her
certificate of nomination or nomination papers. After receipt
of the official's written request, the State Board of
Elections shall redact or cause redaction of the official's
home address from his or her certificate of nomination or
nomination papers within 5 business days.
(c) Prior to expiration of the period for filing an
objection to an official's certificate of nomination or
nomination papers, the home address information from the
certificate of nomination or nomination papers of an official
who is a candidate is available for public inspection. After
redaction of an official's home address information under
subsection (b), the home address information is only available
for an in camera inspection by the court reviewing an
objection to the official's certificate of nomination or
nomination papers.
Section 110. The Illinois Identification Card Act is
amended by changing Sections 4 and 5 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification card.

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(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. 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

HB0198 - 25 - LRB102 04226 AWJ 14243 b
records maintained by the Secretary. The Secretary may
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, an official as
defined in Section 5 of the Public Safety and Justice 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

HB0198 - 26 - LRB102 04226 AWJ 14243 b
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
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 or other documents
authorized by the Secretary, 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 or other

HB0198 - 27 - LRB102 04226 AWJ 14243 b
documents authorized by the Secretary, 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
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 or other documents authorized by the Secretary, a
standard Illinois Identification Card shall be issued. A
limited-term Illinois Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social

HB0198 - 28 - LRB102 04226 AWJ 14243 b
security card, or other documents authorized by the Secretary,
and a document proving his or her Illinois residence address.
The Secretary of State shall issue a standard Illinois
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address may include any
official document of the Department of Human Services showing
the person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed verification form completed by the Department
of Human Services, verifying the person's date of birth and
social security number, and a document proving his or her
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. The
Secretary of State shall issue a limited-term Illinois

HB0198 - 29 - LRB102 04226 AWJ 14243 b
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address shall include
any official document of the Department of Human Services
showing the person's address after release and a Secretary of
State prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(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 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

HB0198 - 30 - LRB102 04226 AWJ 14243 b
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 registered nurse, or any
other 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

HB0198 - 31 - LRB102 04226 AWJ 14243 b
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 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

HB0198 - 32 - LRB102 04226 AWJ 14243 b
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
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,

HB0198 - 33 - LRB102 04226 AWJ 14243 b
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.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
7-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)

HB0198 - 34 - LRB102 04226 AWJ 14243 b
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, birth
date, sex and a brief description of the applicant. The
applicant shall be photographed, unless the Secretary of State
has provided by rule for the issuance of identification cards
without photographs and the applicant is deemed eligible for
an identification card without a photograph under the terms
and conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act, an official as defined in Section 5 of the Public
Safety and Justice Privacy Act, or a peace officer, the
applicant may elect to have his or her office or work address
in lieu of the applicant's residence or mailing address. An
applicant for an Illinois Person with a Disability

HB0198 - 35 - LRB102 04226 AWJ 14243 b
Identification Card must also submit with each original or
renewal application, on forms prescribed by the Secretary,
such documentation as the Secretary may require, establishing
that the applicant is a "person with a disability" as defined
in Section 4A of this Act, and setting forth the applicant's
type and class of disability as set forth in Section 4A of this
Act. For the purposes of this subsection (a), "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-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513) this
amendatory Act of the 101st General Assembly, and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the

HB0198 - 36 - LRB102 04226 AWJ 14243 b
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who

HB0198 - 37 - LRB102 04226 AWJ 14243 b
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
Section 115. The Illinois Vehicle Code is amended by
changing Sections 3-405, 6-106, and 6-110 as follows:
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under

HB0198 - 38 - LRB102 04226 AWJ 14243 b
this Code shall make application to the Secretary of State for
the registration of such vehicle upon the appropriate form or
forms furnished by the Secretary. Every such application shall
bear the signature of the owner written with pen and ink and
contain:
1. The name, domicile address, as defined in Section
1-115.5 of this Code, (except as otherwise provided in
this paragraph 1), mail address of the owner or business
address of the owner if a firm, association, or
corporation, and, if available, email address of the
owner. If the mailing address is a post office box number,
the address listed on the driver license record may be
used to verify residence. A police officer, a deputy
sheriff, an elected sheriff, a law enforcement officer for
the Department of State Police, a fire investigator, a
state's attorney, an assistant state's attorney, a state's
attorney special investigator, an official, or a judicial
officer may elect to furnish the address of the
headquarters of the governmental entity, police district,
or business address where he or she works instead of his or
her domicile address, in which case that address shall be
deemed to be his or her domicile address for all purposes
under this Chapter 3. The spouse and children of a person
who may elect under this paragraph 1 to furnish the
address of the headquarters of the government entity,
police district, or business address where the person

HB0198 - 39 - LRB102 04226 AWJ 14243 b
works instead of the person's domicile address may, if
they reside with that person, also elect to furnish the
address of the headquarters of the government entity,
police district, or business address where the person
works as their domicile address, in which case that
address shall be deemed to be their domicile address for
all purposes under this Chapter 3. In this paragraph 1:
(A) "police officer" has the meaning ascribed to
"policeman" in Section 10-3-1 of the Illinois Municipal
Code; (B) "deputy sheriff" means a deputy sheriff
appointed under Section 3-6008 of the Counties Code; (C)
"elected sheriff" means a sheriff commissioned pursuant to
Section 3-6001 of the Counties Code; (D) "fire
investigator" means a person classified as a peace officer
under the Peace Officer Fire Investigation Act; (E)
"state's attorney", "assistant state's attorney", and
"state's attorney special investigator" mean a state's
attorney, assistant state's attorney, and state's attorney
special investigator commissioned or appointed under
Division 3-9 of the Counties Code; and (F) "judicial
officer" has the meaning ascribed to it in Section 1-10 of
the Judicial Privacy Act; and (G) "official" has the
meaning ascribed to it in Section 5 of the Public Safety
and Justice Privacy Act.
2. A description of the vehicle, including such
information as is required in an application for a

HB0198 - 40 - LRB102 04226 AWJ 14243 b
certificate of title, determined under such standard
rating as may be prescribed by the Secretary.
3. (Blank).
4. Such further information as may reasonably be
required by the Secretary to enable him to determine
whether the vehicle is lawfully entitled to registration
and the owner entitled to a certificate of title.
5. An affirmation by the applicant that all
information set forth is true and correct. If the
application is for the registration of a motor vehicle,
the applicant also shall affirm that the motor vehicle is
insured as required by this Code, that such insurance will
be maintained throughout the period for which the motor
vehicle shall be registered, and that neither the owner,
nor any person operating the motor vehicle with the
owner's permission, shall operate the motor vehicle unless
the required insurance is in effect. If the person signing
the affirmation is not the sole owner of the vehicle, such
person shall be deemed to have affirmed on behalf of all
the owners of the vehicle. If the person signing the
affirmation is not an owner of the vehicle, such person
shall be deemed to have affirmed on behalf of the owner or
owners of the vehicle. The lack of signature on the
application shall not in any manner exempt the owner or
owners from any provisions, requirements or penalties of
this Code.

HB0198 - 41 - LRB102 04226 AWJ 14243 b
(b) When such application refers to a new vehicle
purchased from a dealer the application shall be accompanied
by a Manufacturer's Statement of Origin from the dealer, and a
statement showing any lien retained by the dealer.
(Source: P.A. 100-145, eff. 1-1-18.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall
be accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant;
state whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow

HB0198 - 42 - LRB102 04226 AWJ 14243 b
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer, official, or peace
officer, the Secretary may allow the applicant to provide an
office or work address in lieu of a residence or mailing
address. The application form may also require the statement
of such additional relevant information as the Secretary of
State shall deem necessary to determine the applicant's
competency and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application
for a drivers license or permit may include a suitable
photograph of the applicant in the form prescribed by the
Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The
Secretary of State may utilize a photograph process or system
most suitable to deter alteration or improper reproduction of
a drivers license and to prevent substitution of another photo
thereon. For the purposes of this subsection (b): ,
"Official" has the meaning ascribed to it in Section 5 of
the Public Safety and Justice Privacy Act.
"Peace 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.
(b-3) Upon the first issuance of a request for proposals

HB0198 - 43 - LRB102 04226 AWJ 14243 b
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513) this
amendatory Act of the 101st General Assembly, and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female" or "non-binary"
when designating the applicant's sex on the driver's license
application form. The sex designated by the applicant shall be
displayed on the driver's license issued to the applicant.
(b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended. Applicants
who are unable to provide the Secretary with proof of lawful
status may apply for a driver's license or permit under
Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who
applies for any permit or license authorized to be issued
under this Code or for a renewal of any permit or license, and

HB0198 - 44 - LRB102 04226 AWJ 14243 b
who is at least 18 years of age but less than 26 years of age,
must be registered in compliance with the requirements of the
federal Military Selective Service Act. The Secretary of State
must forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The
applicant's signature on the application serves as an
indication that the applicant either has already registered
with the Selective Service System or that he is authorizing
the Secretary to forward to the Selective Service System the
necessary information for registration. The Secretary must
notify the applicant at the time of application that his
signature constitutes consent to registration with the
Selective Service System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214,
Department of Defense form DD-256 for applicants who did not
receive a form DD-214 upon the completion of initial basic
training, Department of Defense form DD-2 (Retired), an
identification card issued under the federal Veterans
Identification Card Act of 2015, or a United States Department

HB0198 - 45 - LRB102 04226 AWJ 14243 b
of Veterans Affairs summary of benefits letter. If the
document cannot be stamped, the Illinois Department of
Veterans' Affairs shall provide a certificate to the veteran
to provide to the Secretary of State. The Illinois Department
of Veterans' Affairs shall advise the Secretary as to what
other forms of proof of a person's status as a veteran are
acceptable.
For each applicant who is issued a driver's license with a
veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that the he or she must confirm
status as a veteran, or the driver's license will be
cancelled.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable

HB0198 - 46 - LRB102 04226 AWJ 14243 b
conditions.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
8-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on

HB0198 - 47 - LRB102 04226 AWJ 14243 b
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian
or other person in custody or control of the minor;
(2) on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any
detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.

HB0198 - 48 - LRB102 04226 AWJ 14243 b
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe
Rides program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or
instruction permit has a current identification card 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

HB0198 - 49 - LRB102 04226 AWJ 14243 b
permit records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial
officer, an official, or a peace officer, the applicant may
elect to have his or her office or work address listed on the
license instead of the applicant's residence or mailing
address. The Secretary of State shall adopt rules to implement
this subsection (a-5). For the purposes of this subsection
(a-5): ,
"Official" has the meaning ascribed to it in Section 5 of
the Public Safety and Justice Privacy Act.
"Peace 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.
(b) Until the Secretary of State establishes a First
Person Consent organ and tissue donor registry under Section
6-117 of this Code, the Secretary of State shall provide a
format on the reverse of each driver's license issued which
the licensee may use to execute a document of gift conforming
to the provisions of the Illinois Anatomical Gift Act. The
format shall allow the licensee to indicate the gift intended,
whether specific organs, any organ, or the entire body, and
shall accommodate the signatures of the donor and 2 witnesses.

HB0198 - 50 - LRB102 04226 AWJ 14243 b
The Secretary shall also inform each applicant or licensee of
this format, describe the procedure for its execution, and may
offer the necessary witnesses; provided that in so doing, the
Secretary shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift. A
brochure explaining this method of executing an anatomical
gift document shall be given to each applicant or licensee.
The brochure shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift, and
that he or she may wish to consult with family, friends or
clergy before doing so. The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
(c) The Secretary of State shall designate on each
driver's license issued a space where the licensee may place a
sticker or decal of the uniform size as the Secretary may
specify, which sticker or decal may indicate in appropriate
language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each
driver's license issued a space where the licensee may

HB0198 - 51 - LRB102 04226 AWJ 14243 b
indicate his blood type and RH factor.
(e) The Secretary of State shall provide that each
original or renewal driver's license issued to a licensee
under 21 years of age shall be of a distinct nature from those
driver's licenses issued to individuals 21 years of age and
older. The color designated for driver's licenses for
licensees under 21 years of age shall be at the discretion of
the Secretary of State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-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 drivers' licenses with the word "veteran" appearing on
the face of the licenses. This authorization is predicated on
the unique status of veterans. The Secretary may not issue any
other driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.

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(e-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
driver's license 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 (e) of Section 6-106 of this Code who was
discharged or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests
shall be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that
he or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for

HB0198 - 53 - LRB102 04226 AWJ 14243 b
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion,
may designate on each driver's license issued a space where
the licensee may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
owner of the license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding
for his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
1-1-14; 98-463, eff. 8-16-13.)
Section 999. Effective date. This Act takes effect upon
becoming law.
HB0198 - 54 - LRB102 04226 AWJ 14243 b
INDEX
Statutes amended in order of appearance