Bill Text: IL HB0395 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Identification Card Act. Provides that the Secretary of State shall refuse to issue a REAL ID compliant identification card to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Provides that any person may surrender a REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card. Provides that the Secretary may issue both REAL ID compliant identification cards and non-compliant identification cards, and may permit applicants to designate which type of identification card they wish to receive. Provides that all provisions applicable to non-compliant identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. Requires the Secretary to establish by rule the date on which issuance of REAL ID compliant identification cards will begin. Provides for the issuance of confidential identification cards as either REAL ID compliant identification cards or non-compliant identification cards. Provides that every identification card or Illinois Person with a Disability Identification Card issued to an applicant who is not a United States citizen or permanent resident shall be marked "Limited Term" and shall expire, if the earliest among other potential expiration dates, one year from the date of issuance of a Limited Term REAL ID compliant identification card. Amends the Illinois Vehicle Code to make similar changes concerning issuance of driver's licenses. Defines terms. Makes conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed) 2017-04-25 - Placed on Calendar Order of 2nd Reading April 26, 2017 [HB0395 Detail]

Download: Illinois-2017-HB0395-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Identification Card Act is amended
5by changing Sections 1A, 2, 4D, 5, and 8 as follows:
6 (15 ILCS 335/1A)
7 Sec. 1A. Definitions. As used in this Act:
8 "Highly restricted personal information" means an
9individual's photograph, signature, social security number,
10and medical or disability information.
11 "Identification card making implement" means any material,
12hardware, or software that is specifically designed for or
13primarily used in the manufacture, assembly, issuance, or
14authentication of an official identification card issued by the
15Secretary of State.
16 "Fraudulent identification card" means any identification
17card that purports to be an official identification card for
18which a computerized number and file have not been created by
19the Secretary of State, the United States Government or any
20state or political subdivision thereof, or any governmental or
21quasi-governmental organization. For the purpose of this Act,
22any identification card that resembles an official
23identification card in either size, color, photograph

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1location, or design or uses the word "official", "state",
2"Illinois", or the name of any other state or political
3subdivision thereof, or any governmental or quasi-governmental
4organization individually or in any combination thereof to
5describe or modify the term "identification card" or "I.D.
6card" anywhere on the card, or uses a shape in the likeness of
7Illinois or any other state on the photograph side of the card,
8is deemed to be a fraudulent identification card unless the
9words "This is not an official Identification Card", appear
10prominently upon it in black colored lettering in 12-point 12
11point type on the photograph side of the card, and no such card
12shall be smaller in size than 3 inches by 4 inches, and the
13photograph shall be on the left side of the card only.
14 "Legal name" means the full given name and surname of an
15individual as recorded at birth, recorded at marriage, or
16deemed as the correct legal name for use in reporting income by
17the Social Security Administration or the name as otherwise
18established through legal action that appears on the associated
19official document presented to the Secretary of State.
20 "Personally identifying information" means information
21that identifies an individual, including his or her
22identification card number, name, address (but not the 5-digit
23zip code), and telephone number.
24 "Homeless person" or "homeless individual" has the same
25meaning as defined by the federal McKinney-Vento Homeless
26Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

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1 "Youth for whom the Department of Children and Family
2Services is legally responsible for" or "foster "Foster child"
3means a child or youth whose guardianship or custody has been
4accepted by the Department of Children and Family Services
5pursuant to the Juvenile Court Act of 1987, the Children and
6Family Services Act, the Abused and Neglected Child Reporting
7Act, and the Adoption Act. This applies to children for whom
8the Department of Children and Family Services has temporary
9protective custody, custody or guardianship via court order, or
10children whose parents have signed an adoptive surrender or
11voluntary placement agreement with the Department.
12 "REAL ID compliant identification card" means a standard
13Illinois Identification Card or Illinois Person with a
14Disability Identification Card issued in compliance with the
15REAL ID Act and implementing regulations. REAL ID compliant
16identification cards shall bear a security marking approved by
17the United States Department of Homeland Security.
18 "Non-compliant identification card" means a standard
19Illinois Identification Card or Illinois Person with a
20Disability Identification Card issued in a manner which is not
21compliant with the REAL ID Act and implementing regulations.
22Non-compliant identification cards shall be marked "Not for
23Federal Identification" and shall have a color or design
24different from the REAL ID compliant identification card.
25 "Limited Term REAL ID compliant identification card" means
26a REAL ID compliant identification card issued to persons who

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1are not permanent residents or citizens of the United States,
2and marked "Limited Term" on the face of the card.
3(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
4 (15 ILCS 335/2) (from Ch. 124, par. 22)
5 Sec. 2. Administration and powers and duties of the
6Administrator.
7 (a) The Secretary of State is the Administrator of this
8Act, and he is charged with the duty of observing,
9administering and enforcing the provisions of this Act.
10 (b) The Secretary is vested with the powers and duties for
11the proper administration of this Act as follows:
12 1. He shall organize the administration of this Act as
13 he may deem necessary and appoint such subordinate
14 officers, clerks and other employees as may be necessary.
15 2. From time to time, he may make, amend or rescind
16 rules and regulations as may be in the public interest to
17 implement the Act.
18 3. He may prescribe or provide suitable forms as
19 necessary, including such forms as are necessary to
20 establish that an applicant for an Illinois Person with a
21 Disability Identification Card is a "person with a
22 disability" as defined in Section 4A of this Act, and
23 establish that an applicant for a State identification card
24 is a "homeless person" as defined in Section 1A of this
25 Act.

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1 4. He may prepare under the seal of the Secretary of
2 State certified copies of any records utilized under this
3 Act and any such certified copy shall be admissible in any
4 proceeding in any court in like manner as the original
5 thereof.
6 5. Records compiled under this Act shall be maintained
7 for 6 years, but the Secretary may destroy such records
8 with the prior approval of the State Records Commission.
9 6. He shall examine and determine the genuineness,
10 regularity and legality of every application filed with him
11 under this Act, and he may in all cases investigate the
12 same, require additional information or proof or
13 documentation from any applicant.
14 7. He shall require the payment of all fees prescribed
15 in this Act, and all such fees received by him shall be
16 placed in the Road Fund of the State treasury except as
17 otherwise provided in Section 12 of this Act. Whenever any
18 application to the Secretary for an identification card
19 under this Act is accompanied by any fee, as required by
20 law, and the application is denied after a review of
21 eligibility, which may include facial recognition
22 comparison, the applicant shall not be entitled to a refund
23 of any fees paid.
24 8. Beginning July 1, 2017, he shall refuse to issue a
25 REAL ID compliant any identification card under this Act to
26 any person who has been issued a REAL ID compliant driver's

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1 license under the Illinois Vehicle Code. Any such person
2 may, at his or her discretion, surrender the REAL ID
3 compliant driver's license in order to become eligible to
4 obtain a REAL ID compliant an identification card.
5 9. The Secretary may issue both REAL ID compliant
6 identification cards and non-compliant identification
7 cards, and may permit applicants to designate which type of
8 identification card they wish to receive. All provisions of
9 this Act applicable to non-compliant identification cards
10 shall also apply to REAL ID compliant identification cards,
11 except where the provisions are inconsistent with the REAL
12 ID Act and implementing regulations. The Secretary shall
13 establish by rule the date on which issuance of REAL ID
14 compliant identification cards will begin.
15(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
1699-511, eff. 1-1-17; 99-642, eff. 7-28-16.)
17 (15 ILCS 335/4D)
18 Sec. 4D. Issuance of confidential identification cards.
19 (a) Requirements for use of confidential identification
20cards. Confidential identification cards may be issued to
21local, state, and federal government agencies for bona fide law
22enforcement purposes. The identification cards may be issued in
23fictitious names and addresses, and may be used only in
24confidential, investigative, or undercover law enforcement
25operations. Confidential identification cards may be issued as

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1REAL ID compliant or non-compliant identification cards.
2 (b) Application procedures for confidential identification
3cards:
4 (1) Applications by local, state, and federal
5 government agencies for confidential identification cards
6 must be made to the Secretary of State Police Department on
7 a form and in a manner prescribed by the Secretary of State
8 Police Department.
9 (2) The application form must include information, as
10 specific as possible without compromising investigations
11 or techniques, setting forth the need for the
12 identification cards and the uses to which the
13 identification cards will be limited.
14 (3) The application form must be signed and verified by
15 the local, state, or federal government agency head or
16 designee.
17 (4) Information maintained by the Secretary of State
18 Police Department for confidential identification cards
19 must show the fictitious names and addresses on all records
20 subject to public disclosure. All other information
21 concerning these confidential identification cards are
22 exempt from disclosure unless the disclosure is ordered by
23 a court of competent jurisdiction.
24 (c) Cancellation procedures for confidential
25identification cards:
26 (1) The Secretary of State Police Department may cancel

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1 or refuse to renew confidential identification cards when
2 they have reasonable cause to believe the cards are being
3 used for purposes other than those set forth in the
4 application form or authorized by this Section.
5 (2) A government agency must request cancellation of
6 confidential identification cards that are no longer
7 required for the purposes for which they were issued.
8 (3) Upon the request of the Secretary of State Police
9 Department, all cancelled confidential identification
10 cards must be promptly returned to the Secretary of State
11 Police Department by the government agency to which they
12 were issued.
13(Source: P.A. 96-549, eff. 8-17-09; 96-1000, eff. 7-2-10.)
14 (15 ILCS 335/5) (from Ch. 124, par. 25)
15 Sec. 5. Applications.
16 (a) Any natural person who is a resident of the State of
17Illinois may file an application for an identification card, or
18for the renewal thereof, in a manner prescribed by the
19Secretary. Each original application shall be completed by the
20applicant in full and shall set forth the legal name, residence
21address and zip code, social security number, birth date, sex
22and a brief description of the applicant. The applicant shall
23be photographed, unless the Secretary of State has provided by
24rule for the issuance of identification cards without
25photographs and the applicant is deemed eligible for an

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1identification card without a photograph under the terms and
2conditions imposed by the Secretary of State, and he or she
3shall also submit any other information as the Secretary may
4deem necessary or such documentation as the Secretary may
5require to determine the identity of the applicant. In addition
6to the residence address, the Secretary may allow the applicant
7to provide a mailing address. If the applicant is a judicial
8officer as defined in Section 1-10 of the Judicial Privacy Act
9or a peace officer, the applicant may elect to have his or her
10office or work address in lieu of the applicant's residence or
11mailing address. An applicant for an Illinois Person with a
12Disability Identification Card must also submit with each
13original or renewal application, on forms prescribed by the
14Secretary, such documentation as the Secretary may require,
15establishing that the applicant is a "person with a disability"
16as defined in Section 4A of this Act, and setting forth the
17applicant's type and class of disability as set forth in
18Section 4A of this Act. For the purposes of this subsection
19(a), "peace officer" means any person who by virtue of his or
20her office or public employment is vested by law with a duty to
21maintain public order or to make arrests for a violation of any
22penal statute of this State, whether that duty extends to all
23violations or is limited to specific violations.
24 (b) Beginning on or before July 1, 2015, for each original
25or renewal identification card application under this Act, the
26Secretary shall inquire as to whether the applicant is a

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1veteran for purposes of issuing an identification card with a
2veteran designation under subsection (c-5) of Section 4 of this
3Act. The acceptable forms of proof shall include, but are not
4limited to, Department of Defense form DD-214. The Illinois
5Department of Veterans' Affairs shall advise the Secretary as
6to what other forms of proof of a person's status as a veteran
7are acceptable.
8 The Illinois Department of Veterans' Affairs shall confirm
9the status of the applicant as an honorably discharged veteran
10before the Secretary may issue the identification card.
11 For purposes of this subsection (b):
12 "Armed forces" means any of the Armed Forces of the United
13States, including a member of any reserve component or National
14Guard unit.
15 "Veteran" means a person who has served in the armed forces
16and was discharged or separated under honorable conditions.
17 (c) All Beginning July 1, 2017, all applicants for REAL ID
18compliant standard Illinois Identification Cards and Illinois
19Person with a Disability Identification Cards shall provide
20proof of lawful status in the United States as defined in 6 CFR
2137.3, as amended. Applicants who are unable to provide the
22Secretary with proof of lawful status are ineligible for REAL
23ID compliant identification cards under this Act.
24(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2599-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)

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1 (15 ILCS 335/8) (from Ch. 124, par. 28)
2 Sec. 8. Expiration.
3 (a) Except as otherwise provided in this Section:
4 (1) Every identification card issued hereunder, except
5 to persons who have reached their 15th birthday, but are
6 not yet 21 years of age, persons who are 65 years of age or
7 older, and persons who are issued an Illinois Person with a
8 Disability Identification Card, shall expire 5 years from
9 the ensuing birthday of the applicant and a renewal shall
10 expire 5 years thereafter.
11 (2) Every original or renewal identification card
12 issued to a person who has reached his or her 15th
13 birthday, but is not yet 21 years of age shall expire 3
14 months after the person's 21st birthday.
15 (b) Except as provided elsewhere in this Section, every
16original, renewal, or duplicate: (i) identification card
17issued prior to July 1, 2017, to a person who has reached his
18or her 65th birthday shall be permanent and need not be
19renewed; (ii) REAL ID compliant identification card issued on
20or after July 1, 2017, to a person who has reached his or her
2165th birthday shall expire 8 years thereafter; (iii) Illinois
22Person with a Disability Identification Card issued prior to
23July 1, 2017, to a qualifying person shall expire 10 years
24thereafter; and (iv) REAL ID compliant Illinois Person with a
25Disability Identification Card issued on or after July 1, 2017,
26shall expire 8 years thereafter. The Secretary of State shall

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1promulgate rules setting forth the conditions and criteria for
2the renewal of all Illinois Person with a Disability
3Identification Cards.
4 (c) Every Beginning July 1, 2016, every identification card
5or Illinois Person with a Disability Identification Card issued
6under this Act to an applicant who is not a United States
7citizen or permanent resident shall be marked "Limited Term"
8and shall expire on whichever is the earlier date of the
9following:
10 (1) as provided under subsection (a) or (b) of this
11 Section; or
12 (2) on the date the applicant's authorized stay in the
13 United States terminates; or .
14 (3) if the applicant's authorized stay is indefinite
15 and the applicant is applying for a Limited Term REAL ID
16 compliant identification card, one year from the date of
17 issuance of the card.
18(Source: P.A. 99-305, eff. 1-1-16; 99-511, eff. 1-1-17.)
19 Section 10. The Illinois Vehicle Code is amended by
20changing Sections 6-100, 6-103, 6-106, 6-115, and 6-121 and by
21adding Section 6-100.5 as follows:
22 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
23 Sec. 6-100. Definitions. For the purposes of this Chapter,
24the following words shall have the meanings ascribed to them:

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1 (a) Application Process. The process of obtaining a
2driver's license, identification card, or permit. The process
3begins when a person enters a Secretary of State Driver
4Services facility and requests a driver's license,
5identification card or permit.
6 (b) Conviction. A final adjudication of guilty by a court
7of competent jurisdiction either after a bench trial, trial by
8jury, plea of guilty, order of forfeiture, or default.
9 (c) Identification Card. A document made or issued by or
10under the authority of the United States Government, the State
11of Illinois or any other state or political subdivision
12thereof, or any governmental or quasi-governmental
13organization that, when completed with information concerning
14the individual, is of a type intended or commonly accepted for
15the purpose of identifying the individual.
16 (d) Non-compliant driver's license. A driver's license
17issued in a manner which is not compliant with the REAL ID Act
18and implementing regulations. Non-compliant driver's licenses
19shall be marked "Not for Federal Identification" and shall have
20a color or design different from the REAL ID compliant driver's
21license.
22 (e) REAL ID compliant driver's license. A driver's license
23issued in compliance with the REAL ID Act and implementing
24regulations. REAL ID compliant driver's licenses shall bear a
25security marking approved by the United States Department of
26Homeland Security.

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1 (f) Limited Term REAL ID compliant driver's license. A REAL
2ID compliant driver's license issued to a person who is not a
3permanent resident or citizen of the United States, and marked
4"Limited Term" on the face of the license.
5(Source: P.A. 89-283, eff. 1-1-96.)
6 (625 ILCS 5/6-100.5 new)
7 Sec. 6-100.5. Issuance of REAL ID compliant and
8non-compliant driver's licenses. The Secretary of State may
9issue both REAL ID compliant driver's licenses and
10non-compliant driver's licenses, and may permit applicants to
11designate which type of driver's license they wish to receive.
12All provisions of this Code applicable to non-compliant
13driver's licenses shall also apply to REAL ID compliant
14driver's licenses, except where the provisions are
15inconsistent with the REAL ID Act and implementing regulations.
16The Secretary shall establish by rule the date on which
17issuance of REAL ID compliant driver's licenses will begin.
18 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
19 Sec. 6-103. What persons shall not be licensed as drivers
20or granted permits. The Secretary of State shall not issue,
21renew, or allow the retention of any driver's license nor issue
22any permit under this Code:
23 1. To any person, as a driver, who is under the age of
24 18 years except as provided in Section 6-107, and except

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1 that an instruction permit may be issued under Section
2 6-107.1 to a child who is not less than 15 years of age if
3 the child is enrolled in an approved driver education
4 course as defined in Section 1-103 of this Code and
5 requires an instruction permit to participate therein,
6 except that an instruction permit may be issued under the
7 provisions of Section 6-107.1 to a child who is 17 years
8 and 3 months of age without the child having enrolled in an
9 approved driver education course and except that an
10 instruction permit may be issued to a child who is at least
11 15 years and 3 months of age, is enrolled in school, meets
12 the educational requirements of the Driver Education Act,
13 and has passed examinations the Secretary of State in his
14 or her discretion may prescribe;
15 1.5. To any person at least 18 years of age but less
16 than 21 years of age unless the person has, in addition to
17 any other requirements of this Code, successfully
18 completed an adult driver education course as provided in
19 Section 6-107.5 of this Code;
20 2. To any person who is under the age of 18 as an
21 operator of a motorcycle other than a motor driven cycle
22 unless the person has, in addition to meeting the
23 provisions of Section 6-107 of this Code, successfully
24 completed a motorcycle training course approved by the
25 Illinois Department of Transportation and successfully
26 completes the required Secretary of State's motorcycle

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1 driver's examination;
2 3. To any person, as a driver, whose driver's license
3 or permit has been suspended, during the suspension, nor to
4 any person whose driver's license or permit has been
5 revoked, except as provided in Sections 6-205, 6-206, and
6 6-208;
7 4. To any person, as a driver, who is a user of alcohol
8 or any other drug to a degree that renders the person
9 incapable of safely driving a motor vehicle;
10 5. To any person, as a driver, who has previously been
11 adjudged to be afflicted with or suffering from any mental
12 or physical disability or disease and who has not at the
13 time of application been restored to competency by the
14 methods provided by law;
15 6. To any person, as a driver, who is required by the
16 Secretary of State to submit an alcohol and drug evaluation
17 or take an examination provided for in this Code unless the
18 person has successfully passed the examination and
19 submitted any required evaluation;
20 7. To any person who is required under the provisions
21 of the laws of this State to deposit security or proof of
22 financial responsibility and who has not deposited the
23 security or proof;
24 8. To any person when the Secretary of State has good
25 cause to believe that the person by reason of physical or
26 mental disability would not be able to safely operate a

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1 motor vehicle upon the highways, unless the person shall
2 furnish to the Secretary of State a verified written
3 statement, acceptable to the Secretary of State, from a
4 competent medical specialist, a licensed physician
5 assistant, or a licensed advanced practice nurse, to the
6 effect that the operation of a motor vehicle by the person
7 would not be inimical to the public safety;
8 9. To any person, as a driver, who is 69 years of age
9 or older, unless the person has successfully complied with
10 the provisions of Section 6-109;
11 10. To any person convicted, within 12 months of
12 application for a license, of any of the sexual offenses
13 enumerated in paragraph 2 of subsection (b) of Section
14 6-205;
15 11. To any person who is under the age of 21 years with
16 a classification prohibited in paragraph (b) of Section
17 6-104 and to any person who is under the age of 18 years
18 with a classification prohibited in paragraph (c) of
19 Section 6-104;
20 12. To any person who has been either convicted of or
21 adjudicated under the Juvenile Court Act of 1987 based upon
22 a violation of the Cannabis Control Act, the Illinois
23 Controlled Substances Act, or the Methamphetamine Control
24 and Community Protection Act while that person was in
25 actual physical control of a motor vehicle. For purposes of
26 this Section, any person placed on probation under Section

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1 10 of the Cannabis Control Act, Section 410 of the Illinois
2 Controlled Substances Act, or Section 70 of the
3 Methamphetamine Control and Community Protection Act shall
4 not be considered convicted. Any person found guilty of
5 this offense, while in actual physical control of a motor
6 vehicle, shall have an entry made in the court record by
7 the judge that this offense did occur while the person was
8 in actual physical control of a motor vehicle and order the
9 clerk of the court to report the violation to the Secretary
10 of State as such. The Secretary of State shall not issue a
11 new license or permit for a period of one year;
12 13. To any person who is under the age of 18 years and
13 who has committed the offense of operating a motor vehicle
14 without a valid license or permit in violation of Section
15 6-101 or a similar out of state offense;
16 14. To any person who is 90 days or more delinquent in
17 court ordered child support payments or has been
18 adjudicated in arrears in an amount equal to 90 days'
19 obligation or more and who has been found in contempt of
20 court for failure to pay the support, subject to the
21 requirements and procedures of Article VII of Chapter 7 of
22 the Illinois Vehicle Code;
23 14.5. To any person certified by the Illinois
24 Department of Healthcare and Family Services as being 90
25 days or more delinquent in payment of support under an
26 order of support entered by a court or administrative body

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1 of this or any other State, subject to the requirements and
2 procedures of Article VII of Chapter 7 of this Code
3 regarding those certifications;
4 15. To any person released from a term of imprisonment
5 for violating Section 9-3 of the Criminal Code of 1961 or
6 the Criminal Code of 2012, or a similar provision of a law
7 of another state relating to reckless homicide or for
8 violating subparagraph (F) of paragraph (1) of subsection
9 (d) of Section 11-501 of this Code relating to aggravated
10 driving under the influence of alcohol, other drug or
11 drugs, intoxicating compound or compounds, or any
12 combination thereof, if the violation was the proximate
13 cause of a death, within 24 months of release from a term
14 of imprisonment;
15 16. To any person who, with intent to influence any act
16 related to the issuance of any driver's license or permit,
17 by an employee of the Secretary of State's Office, or the
18 owner or employee of any commercial driver training school
19 licensed by the Secretary of State, or any other individual
20 authorized by the laws of this State to give driving
21 instructions or administer all or part of a driver's
22 license examination, promises or tenders to that person any
23 property or personal advantage which that person is not
24 authorized by law to accept. Any persons promising or
25 tendering such property or personal advantage shall be
26 disqualified from holding any class of driver's license or

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1 permit for 120 consecutive days. The Secretary of State
2 shall establish by rule the procedures for implementing
3 this period of disqualification and the procedures by which
4 persons so disqualified may obtain administrative review
5 of the decision to disqualify;
6 17. To any person for whom the Secretary of State
7 cannot verify the accuracy of any information or
8 documentation submitted in application for a driver's
9 license;
10 18. To any person who has been adjudicated under the
11 Juvenile Court Act of 1987 based upon an offense that is
12 determined by the court to have been committed in
13 furtherance of the criminal activities of an organized
14 gang, as provided in Section 5-710 of that Act, and that
15 involved the operation or use of a motor vehicle or the use
16 of a driver's license or permit. The person shall be denied
17 a license or permit for the period determined by the court;
18 or
19 19. To Beginning July 1, 2017, to any person who holds
20 a REAL ID compliant identification card or REAL ID
21 compliant Person with a Disability Identification Card
22 issued has been issued an identification card under the
23 Illinois Identification Card Act. Any such person may, at
24 his or her discretion, surrender the REAL ID compliant
25 identification card or REAL ID compliant Person with a
26 Disability Identification Card in order to become eligible

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1 to obtain a REAL ID compliant identification card in order
2 to become eligible to obtain a driver's license.
3 The Secretary of State shall retain all conviction
4information, if the information is required to be held
5confidential under the Juvenile Court Act of 1987.
6(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
799-173, eff. 7-29-15; 99-511, eff. 1-1-17.)
8 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
9 Sec. 6-106. Application for license or instruction permit.
10 (a) Every application for any permit or license authorized
11to be issued under this Code shall be made upon a form
12furnished by the Secretary of State. Every application shall be
13accompanied by the proper fee and payment of such fee shall
14entitle the applicant to not more than 3 attempts to pass the
15examination within a period of one year after the date of
16application.
17 (b) Every application shall state the legal name, social
18security number, zip code, date of birth, sex, and residence
19address of the applicant; briefly describe the applicant; state
20whether the applicant has theretofore been licensed as a
21driver, and, if so, when and by what state or country, and
22whether any such license has ever been cancelled, suspended,
23revoked or refused, and, if so, the date and reason for such
24cancellation, suspension, revocation or refusal; shall include
25an affirmation by the applicant that all information set forth

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1is true and correct; and shall bear the applicant's signature.
2In addition to the residence address, the Secretary may allow
3the applicant to provide a mailing address. In the case of an
4applicant who is a judicial officer or peace officer, the
5Secretary may allow the applicant to provide an office or work
6address in lieu of a residence or mailing address. The
7application form may also require the statement of such
8additional relevant information as the Secretary of State shall
9deem necessary to determine the applicant's competency and
10eligibility. The Secretary of State may, in his discretion, by
11rule or regulation, provide that an application for a drivers
12license or permit may include a suitable photograph of the
13applicant in the form prescribed by the Secretary, and he may
14further provide that each drivers license shall include a
15photograph of the driver. The Secretary of State may utilize a
16photograph process or system most suitable to deter alteration
17or improper reproduction of a drivers license and to prevent
18substitution of another photo thereon. For the purposes of this
19subsection (b), "peace officer" means any person who by virtue
20of his or her office or public employment is vested by law with
21a duty to maintain public order or to make arrests for a
22violation of any penal statute of this State, whether that duty
23extends to all violations or is limited to specific violations.
24 (b-5) Every Beginning July 1, 2017, every applicant for a
25REAL ID compliant driver's license or permit shall provide
26proof of lawful status in the United States as defined in 6 CFR

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

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1System, if he is not already registered.
2 (e) Beginning on or before July 1, 2015, for each original
3or renewal driver's license application under this Code, the
4Secretary shall inquire as to whether the applicant is a
5veteran for purposes of issuing a driver's license with a
6veteran designation under subsection (e-5) of Section 6-110 of
7this Code. The acceptable forms of proof shall include, but are
8not limited to, Department of Defense form DD-214. The Illinois
9Department of Veterans' Affairs shall advise the Secretary as
10to what other forms of proof of a person's status as a veteran
11are acceptable.
12 The Illinois Department of Veterans' Affairs shall confirm
13the status of the applicant as an honorably discharged veteran
14before the Secretary may issue the driver's license.
15 For purposes of this subsection (e):
16 "Armed forces" means any of the Armed Forces of the United
17States, including a member of any reserve component or National
18Guard unit.
19 "Veteran" means a person who has served in the armed forces
20and was discharged or separated under honorable conditions.
21(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2298-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
237-15-16; revised 9-13-16.)
24 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
25 Sec. 6-115. Expiration of driver's license.

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1 (a) Except as provided elsewhere in this Section, every
2driver's license issued under the provisions of this Code shall
3expire 4 years from the date of its issuance, or at such later
4date, as the Secretary of State may by proper rule and
5regulation designate, not to exceed 12 calendar months; in the
6event that an applicant for renewal of a driver's license fails
7to apply prior to the expiration date of the previous driver's
8license, the renewal driver's license shall expire 4 years from
9the expiration date of the previous driver's license, or at
10such later date as the Secretary of State may by proper rule
11and regulation designate, not to exceed 12 calendar months.
12 The Secretary of State may, however, issue to a person not
13previously licensed as a driver in Illinois a driver's license
14which will expire not less than 4 years nor more than 5 years
15from date of issuance, except as provided elsewhere in this
16Section.
17 (a-5) Every Beginning July 1, 2016, every driver's license
18issued under this Code to an applicant who is not a United
19States citizen or permanent resident shall be marked "Limited
20Term" and shall expire on whichever is the earlier date of the
21following:
22 (1) as provided under subsection (a), (f), (g), or (i)
23 of this Section; or
24 (2) on the date the applicant's authorized stay in the
25 United States terminates; or .
26 (3) if the applicant's authorized stay is indefinite

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1 and the applicant is applying for a Limited Term REAL ID
2 compliant driver's license, one year from the date of
3 issuance of the license.
4 (b) Before the expiration of a driver's license, except
5those licenses expiring on the individual's 21st birthday, or 3
6months after the individual's 21st birthday, the holder thereof
7may apply for a renewal thereof, subject to all the provisions
8of Section 6-103, and the Secretary of State may require an
9examination of the applicant. A licensee whose driver's license
10expires on his 21st birthday, or 3 months after his 21st
11birthday, may not apply for a renewal of his driving privileges
12until he reaches the age of 21.
13 (c) The Secretary of State shall, 30 days prior to the
14expiration of a driver's license, forward to each person whose
15license is to expire a notification of the expiration of said
16license which may be presented at the time of renewal of said
17license.
18 There may be included with such notification information
19explaining the anatomical gift and Emergency Medical
20Information Card provisions of Section 6-110. The format and
21text of such information shall be prescribed by the Secretary.
22 There shall be included with such notification, for a
23period of 4 years beginning January 1, 2000 information
24regarding the Illinois Adoption Registry and Medical
25Information Exchange established in Section 18.1 of the
26Adoption Act.

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1 (d) The Secretary may defer the expiration of the driver's
2license of a licensee, spouse, and dependent children who are
3living with such licensee while on active duty, serving in the
4Armed Forces of the United States outside of the State of
5Illinois, and 120 days thereafter, upon such terms and
6conditions as the Secretary may prescribe.
7 (d-5) The Secretary may defer the expiration of the
8driver's license of a licensee, or of a spouse or dependent
9children living with the licensee, serving as a civilian
10employee of the United States Armed Forces or the United States
11Department of Defense, outside of the State of Illinois, and
12120 days thereafter, upon such terms and conditions as the
13Secretary may prescribe.
14 (e) The Secretary of State may decline to process a renewal
15of a driver's license of any person who has not paid any fee or
16tax due under this Code and is not paid upon reasonable notice
17and demand.
18 (f) The Secretary shall provide that each original or
19renewal driver's license issued to a licensee under 21 years of
20age shall expire 3 months after the licensee's 21st birthday.
21Persons whose current driver's licenses expire on their 21st
22birthday on or after January 1, 1986 shall not renew their
23driver's license before their 21st birthday, and their current
24driver's license will be extended for an additional term of 3
25months beyond their 21st birthday. Thereafter, the expiration
26and term of the driver's license shall be governed by

HB0395 Engrossed- 28 -LRB100 04276 RJF 14282 b
1subsection (a) hereof.
2 (g) The Secretary shall provide that each original or
3renewal driver's license issued to a licensee 81 years of age
4through age 86 shall expire 2 years from the date of issuance,
5or at such later date as the Secretary may by rule and
6regulation designate, not to exceed an additional 12 calendar
7months. The Secretary shall also provide that each original or
8renewal driver's license issued to a licensee 87 years of age
9or older shall expire 12 months from the date of issuance, or
10at such later date as the Secretary may by rule and regulation
11designate, not to exceed an additional 12 calendar months.
12 (h) The Secretary of State shall provide that each special
13restricted driver's license issued under subsection (g) of
14Section 6-113 of this Code shall expire 12 months from the date
15of issuance. The Secretary shall adopt rules defining renewal
16requirements.
17 (i) The Secretary of State shall provide that each driver's
18license issued to a person convicted of a sex offense as
19defined in Section 2 of the Sex Offender Registration Act shall
20expire 12 months from the date of issuance or at such date as
21the Secretary may by rule designate, not to exceed an
22additional 12 calendar months. The Secretary may adopt rules
23defining renewal requirements.
24(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,
25eff. 7-28-16.)

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1 (625 ILCS 5/6-121)
2 Sec. 6-121. Issuance of confidential drivers' licenses.
3 (a) Requirements for use of confidential drivers'
4licenses. Confidential drivers' licenses may be issued to
5local, state, and federal government agencies for bona fide law
6enforcement purposes. The drivers' licenses may be issued with
7fictitious names and addresses, and may be used only for
8confidential, investigative, or undercover law enforcement
9operations. Confidential drivers' licenses may be issued as
10REAL ID compliant or non-compliant driver's licenses.
11 (b) Application procedures for confidential drivers'
12licenses:
13 (1) Applications by local, state, and federal
14 government agencies for confidential drivers' licenses
15 must be made to the Secretary of State Police Department on
16 a form and in a manner prescribed by the Secretary of State
17 Police Department.
18 (2) The application form must include information, as
19 specific as possible without compromising investigations
20 or techniques, setting forth the need for the drivers'
21 licenses and the uses to which the licenses will be
22 limited.
23 (3) The application form must be signed and verified by
24 the local, state, or federal government agency head or
25 designee.
26 (4) Registration information maintained by the

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1 Secretary of State Police Department for confidential
2 drivers' licenses must show the fictitious names and
3 addresses on all records subject to public disclosure. All
4 other information concerning these confidential drivers'
5 licenses are exempt from disclosure unless the disclosure
6 is ordered by a court of competent jurisdiction.
7 (c) Revocation and cancellation procedures for
8confidential drivers' licenses:
9 (1) The Secretary of State Police Department may revoke
10 or refuse to renew confidential drivers' licenses when they
11 have reasonable cause to believe the licenses are being
12 used for purposes other than those set forth in the
13 application form or authorized by this Section.
14 Confidential drivers' licenses may also be revoked where
15 traffic violation citations have been issued to the driver
16 and subsequent investigation reveals that the issuance of
17 the citations was unrelated to the purposes for which the
18 confidential driver's license was issued. In such cases,
19 the citations and any resulting court orders, convictions,
20 supervisions or other sanctions must be treated by the
21 Secretary of State as though they were issued in relation
22 to the true driver's license of the individual to whom the
23 confidential driver's license was issued.
24 (2) A government agency must request cancellation of
25 confidential drivers' licenses that are no longer required
26 for the purposes for which they were issued.

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1 (3) All revoked confidential drivers' licenses must be
2 promptly returned to the Secretary of State Police
3 Department by the government agency to which they were
4 issued.
5(Source: P.A. 96-549, eff. 8-17-09.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law.
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