Bill Text: IL HB3090 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Reporting of Deaths in Custody Act. Provides that in any case in which a person dies while in the custody of: (1) any law enforcement agency, (2) a local or State correctional facility in the State, or (3) a peace officer or as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Attorney General, no later than 30 days after the date on which the person in custody or incarcerated died. Provides information that must be contained in the report. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Attorney General shall issue a public annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody. Amends the Illinois Identification Card Act and the Unified Code of Corrections concerning reports the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall make to the General Assembly. Provides that the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall publish the reports on their respective websites.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-09-09 - Added Co-Sponsor Rep. Lindsey LaPointe [HB3090 Detail]

Download: Illinois-2019-HB3090-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3090

Introduced , by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:
New Act
15 ILCS 335/4 from Ch. 124, par. 24
730 ILCS 5/3-2.5-75
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1

Creates the Reporting of Deaths in Custody Act. Provides that in any case in which a person dies while in the custody of: (1) any law enforcement agency, (2) a local or State correctional facility in the State, or (3) a peace officer or as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Attorney General, no later than 30 days after the date on which the person in custody or incarcerated died. Provides information that must be contained in the report. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Attorney General shall issue a public annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody. Amends the Illinois Identification Card Act and the Unified Code of Corrections concerning reports the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall make to the General Assembly. Provides that the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall publish the reports on their respective websites.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Reporting of Deaths in Custody Act.
6 Section 5. Report of deaths of persons in custody in
7correctional institutions.
8 (a) In this Act, "law enforcement agency" includes each law
9enforcement entity within this State having the authority to
10arrest and detain persons suspected of, or charged with,
11committing a criminal offense, and each law enforcement entity
12that operates a lock up, jail, prison, or any other facility
13used to detain persons for legitimate law enforcement purposes.
14 (b) In any case in which a person dies:
15 (1) while in the custody of:
16 (A) a law enforcement agency;
17 (B) a local or State correctional facility in this
18 State; or
19 (C) a peace officer; or
20 (2) as a result of the peace officer's use of force,
21 the law enforcement agency shall investigate and report the
22death in writing to the Attorney General, no later than 30 days
23after the date on which the person in custody or incarcerated

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1died. The written report shall contain the following
2information:
3 (1) facts concerning the death that are in the
4 possession of the law enforcement agency in charge of the
5 investigation and the correctional facility where the
6 death occurred including, but not limited to, cause and
7 manner of death, race, age, and gender of the decedent;
8 (2) the jurisdiction, the law enforcement agency
9 providing the investigation, and the local or State
10 facility where the death occurred;
11 (3) if emergency care was requested by the law
12 enforcement agency in response to any illness, injury,
13 self-inflicted or otherwise, or other issue related to
14 rapid deterioration of physical wellness or human
15 subsistence, and details concerning emergency care that
16 was provided to the decedent if emergency care was
17 provided.
18 (c) The law enforcement agency and the involved
19correctional administrators shall make a good faith effort to
20obtain all relevant facts and circumstances relevant to the
21death and include those in the report.
22 (d) The Attorney General shall create a standardized form
23to be used for the purpose of collecting information as
24described in subsection (b).
25 (e) Law enforcement agencies shall use the form described
26in subsection (d) to report all cases in which a person dies:

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1 (1) while in the custody of:
2 (A) a law enforcement agency;
3 (B) a local or State correctional facility in this
4 State; or
5 (C) a peace officer; or
6 (2) as a result of the peace officer's use of force.
7 (f) The Attorney General may determine the manner in which
8the form is transmitted from a law enforcement agency to the
9Attorney General.
10 (g) The reports shall be public records within the meaning
11of subsection (c) of Section 2 of the Freedom of Information
12Act and are open to public inspection, with the exception of
13any portion of the report that the Attorney General determines
14is privileged or protected under Illinois or federal law.
15 (h) The Attorney General shall make available to the public
16information of all individual reports relating to deaths in
17custody through the Attorney General's website to be updated on
18a quarterly basis.
19 (i) The Attorney General shall issue a public annual report
20tabulating and evaluating trends and information on deaths in
21custody, including, but not limited to:
22 (1) information regarding cause and manner of death,
23 race, and the gender of the decedent;
24 (2) the jurisdiction, law enforcement agency providing
25 the investigation, and local or State facility where the
26 death occurred: and

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1 (3) recommendations and State and local efforts
2 underway to reduce deaths in custody.
3 The report shall be submitted to the Governor and General
4Assembly and made available to the public on the Attorney
5General's website the first week of February of each year.
6 (j) So that the State may oversee the healthcare provided
7to any person in the custody of each law enforcement agency
8within this State, provision of medical services to these
9persons, general care and treatment, and any other factors that
10may contribute to the death of any of these persons, the
11following information shall be made available to the public on
12the Attorney General's website:
13 (1) the number of deaths that occurred during the
14 preceding calendar year;
15 (2) the known, or discoverable upon reasonable
16 inquiry, causes and contributing factors of each of the
17 in-custody deaths as defined in subsection (b); and
18 (3) the law enforcement agency's policies, procedures,
19 and protocols related to:
20 (A) treatment of a person experiencing withdrawal
21 from alcohol or substance use;
22 (B) the facility's provision, or lack of
23 provision, of medications used to treat, mitigate, or
24 address a person's symptoms; and
25 (C) notifying an inmate's next of kin after the
26 inmate's in-custody death.

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1 (k) The family, next of kin, or any other person reasonably
2nominated by the decedent as an emergency contact shall be
3notified as soon as possible in a suitable manner giving an
4accurate factual account of the cause of death and
5circumstances surrounding the death in custody.
6 (l) The law enforcement agency or correctional facility
7shall name a staff person to act as dedicated family liaison
8officer to be a point of contact for the family, to make and
9maintain contact with the family, to report ongoing
10developments and findings of investigations, and to provide
11information and practical support. If requested by the
12deceased's next of kin, the law enforcement agency or
13correctional facility shall arrange for a chaplain, counselor,
14or other suitable staff member to meet with the family and
15discuss any faith considerations or concerns. The family has a
16right to the medical records of a family member who has died in
17custody and these records shall be disclosed to them.
18 (m) It is unlawful for a person who is required under this
19Section to investigate a death or file a report to fail to
20include in the report facts known or discovered in the
21investigation to the Attorney General. A violation of this
22Section is a Class B misdemeanor.
23 Section 105. The Illinois Identification Card Act is
24amended by changing Section 4 as follows:

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1 (15 ILCS 335/4) (from Ch. 124, par. 24)
2 (Text of Section before amendment by P.A. 100-717)
3 Sec. 4. Identification card.
4 (a) The Secretary of State shall issue a standard Illinois
5Identification Card to any natural person who is a resident of
6the State of Illinois who applies for such card, or renewal
7thereof. No identification card shall be issued to any person
8who holds a valid foreign state identification card, license,
9or permit unless the person first surrenders to the Secretary
10of State the valid foreign state identification card, license,
11or permit. The card shall be prepared and supplied by the
12Secretary of State and shall include a photograph and signature
13or mark of the applicant. However, the Secretary of State may
14provide by rule for the issuance of Illinois Identification
15Cards without photographs if the applicant has a bona fide
16religious objection to being photographed or to the display of
17his or her photograph. The Illinois Identification Card may be
18used for identification purposes in any lawful situation only
19by the person to whom it was issued. As used in this Act,
20"photograph" means any color photograph or digitally produced
21and captured image of an applicant for an identification card.
22As used in this Act, "signature" means the name of a person as
23written by that person and captured in a manner acceptable to
24the Secretary of State.
25 (a-5) If an applicant for an identification card has a
26current driver's license or instruction permit issued by the

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1Secretary of State, the Secretary may require the applicant to
2utilize the same residence address and name on the
3identification card, driver's license, and instruction permit
4records maintained by the Secretary. The Secretary may
5promulgate rules to implement this provision.
6 (a-10) If the applicant is a judicial officer as defined in
7Section 1-10 of the Judicial Privacy Act or a peace officer,
8the applicant may elect to have his or her office or work
9address listed on the card instead of the applicant's residence
10or mailing address. The Secretary may promulgate rules to
11implement this provision. For the purposes of this subsection
12(a-10), "peace officer" means any person who by virtue of his
13or her office or public employment is vested by law with a duty
14to maintain public order or to make arrests for a violation of
15any penal statute of this State, whether that duty extends to
16all violations or is limited to specific violations.
17 (a-15) The Secretary of State may provide for an expedited
18process for the issuance of an Illinois Identification Card.
19The Secretary shall charge an additional fee for the expedited
20issuance of an Illinois Identification Card, to be set by rule,
21not to exceed $75. All fees collected by the Secretary for
22expedited Illinois Identification Card service shall be
23deposited into the Secretary of State Special Services Fund.
24The Secretary may adopt rules regarding the eligibility,
25process, and fee for an expedited Illinois Identification Card.
26If the Secretary of State determines that the volume of

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1expedited identification card requests received on a given day
2exceeds the ability of the Secretary to process those requests
3in an expedited manner, the Secretary may decline to provide
4expedited services, and the additional fee for the expedited
5service shall be refunded to the applicant.
6 (a-20) The Secretary of State shall issue a standard
7Illinois Identification Card to a committed person upon release
8on parole, mandatory supervised release, aftercare release,
9final discharge, or pardon from the Department of Corrections
10or Department of Juvenile Justice, if the released person
11presents a certified copy of his or her birth certificate,
12social security card or other documents authorized by the
13Secretary, and 2 documents proving his or her Illinois
14residence address. Documents proving residence address may
15include any official document of the Department of Corrections
16or the Department of Juvenile Justice showing the released
17person's address after release and a Secretary of State
18prescribed certificate of residency form, which may be executed
19by Department of Corrections or Department of Juvenile Justice
20personnel.
21 (a-25) The Secretary of State shall issue a limited-term
22Illinois Identification Card valid for 90 days to a committed
23person upon release on parole, mandatory supervised release,
24aftercare release, final discharge, or pardon from the
25Department of Corrections or Department of Juvenile Justice, if
26the released person is unable to present a certified copy of

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1his or her birth certificate and social security card or other
2documents authorized by the Secretary, but does present a
3Secretary of State prescribed verification form completed by
4the Department of Corrections or Department of Juvenile
5Justice, verifying the released person's date of birth and
6social security number and 2 documents proving his or her
7Illinois residence address. The verification form must have
8been completed no more than 30 days prior to the date of
9application for the Illinois Identification Card. Documents
10proving residence address shall include any official document
11of the Department of Corrections or the Department of Juvenile
12Justice showing the person's address after release and a
13Secretary of State prescribed certificate of residency, which
14may be executed by Department of Corrections or Department of
15Juvenile Justice personnel.
16 Prior to the expiration of the 90-day period of the
17limited-term Illinois Identification Card, if the released
18person submits to the Secretary of State a certified copy of
19his or her birth certificate and his or her social security
20card or other documents authorized by the Secretary, a standard
21Illinois Identification Card shall be issued. A limited-term
22Illinois Identification Card may not be renewed.
23 (b) The Secretary of State shall issue a special Illinois
24Identification Card, which shall be known as an Illinois Person
25with a Disability Identification Card, to any natural person
26who is a resident of the State of Illinois, who is a person

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

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1Identification Card may be used for identification purposes in
2any lawful situation by the person to whom it was issued.
3 The Illinois Person with a Disability Identification Card
4may be used as adequate documentation of disability in lieu of
5a physician's determination of disability, a determination of
6disability from a physician assistant, a determination of
7disability from an advanced practice registered nurse, or any
8other documentation of disability whenever any State law
9requires that a person with a disability provide such
10documentation of disability, however an Illinois Person with a
11Disability Identification Card shall not qualify the
12cardholder to participate in any program or to receive any
13benefit which is not available to all persons with like
14disabilities. Notwithstanding any other provisions of law, an
15Illinois Person with a Disability Identification Card, or
16evidence that the Secretary of State has issued an Illinois
17Person with a Disability Identification Card, shall not be used
18by any person other than the person named on such card to prove
19that the person named on such card is a person with a
20disability or for any other purpose unless the card is used for
21the benefit of the person named on such card, and the person
22named on such card consents to such use at the time the card is
23so used.
24 An optometrist's determination of a visual disability
25under Section 4A of this Act is acceptable as documentation for
26the purpose of issuing an Illinois Person with a Disability

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1Identification Card.
2 When medical information is contained on an Illinois Person
3with a Disability Identification Card, the Office of the
4Secretary of State shall not be liable for any actions taken
5based upon that medical information.
6 (c) The Secretary of State shall provide that each original
7or renewal Illinois Identification Card or Illinois Person with
8a Disability Identification Card issued to a person under the
9age of 21 shall be of a distinct nature from those Illinois
10Identification Cards or Illinois Person with a Disability
11Identification Cards issued to individuals 21 years of age or
12older. The color designated for Illinois Identification Cards
13or Illinois Person with a Disability Identification Cards for
14persons under the age of 21 shall be at the discretion of the
15Secretary of State.
16 (c-1) Each original or renewal Illinois Identification
17Card or Illinois Person with a Disability Identification Card
18issued to a person under the age of 21 shall display the date
19upon which the person becomes 18 years of age and the date upon
20which the person becomes 21 years of age.
21 (c-3) The General Assembly recognizes the need to identify
22military veterans living in this State for the purpose of
23ensuring that they receive all of the services and benefits to
24which they are legally entitled, including healthcare,
25education assistance, and job placement. To assist the State in
26identifying these veterans and delivering these vital services

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1and benefits, the Secretary of State is authorized to issue
2Illinois Identification Cards and Illinois Person with a
3Disability Identification Cards with the word "veteran"
4appearing on the face of the cards. This authorization is
5predicated on the unique status of veterans. The Secretary may
6not issue any other identification card which identifies an
7occupation, status, affiliation, hobby, or other unique
8characteristics of the identification card holder which is
9unrelated to the purpose of the identification card.
10 (c-5) Beginning on or before July 1, 2015, the Secretary of
11State shall designate a space on each original or renewal
12identification card where, at the request of the applicant, the
13word "veteran" shall be placed. The veteran designation shall
14be available to a person identified as a veteran under
15subsection (b) of Section 5 of this Act who was discharged or
16separated under honorable conditions.
17 (d) The Secretary of State may issue a Senior Citizen
18discount card, to any natural person who is a resident of the
19State of Illinois who is 60 years of age or older and who
20applies for such a card or renewal thereof. The Secretary of
21State shall charge no fee to issue such card. The card shall be
22issued in every county and applications shall be made available
23at, but not limited to, nutrition sites, senior citizen centers
24and Area Agencies on Aging. The applicant, upon receipt of such
25card and prior to its use for any purpose, shall have affixed
26thereon in the space provided therefor his signature or mark.

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1 (e) The Secretary of State, in his or her discretion, may
2designate on each Illinois Identification Card or Illinois
3Person with a Disability Identification Card a space where the
4card holder may place a sticker or decal, issued by the
5Secretary of State, of uniform size as the Secretary may
6specify, that shall indicate in appropriate language that the
7card holder has renewed his or her Illinois Identification Card
8or Illinois Person with a Disability Identification Card.
9(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1099-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
11100-513, eff. 1-1-18.)
12 (Text of Section after amendment by P.A. 100-717)
13 Sec. 4. Identification card.
14 (a) The Secretary of State shall issue a standard Illinois
15Identification Card to any natural person who is a resident of
16the State of Illinois who applies for such card, or renewal
17thereof. No identification card shall be issued to any person
18who holds a valid foreign state identification card, license,
19or permit unless the person first surrenders to the Secretary
20of State the valid foreign state identification card, license,
21or permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. However, the Secretary of State may
24provide by rule for the issuance of Illinois Identification
25Cards without photographs if the applicant has a bona fide

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1religious objection to being photographed or to the display of
2his or her photograph. The Illinois Identification Card may be
3used for identification purposes in any lawful situation only
4by the person to whom it was issued. As used in this Act,
5"photograph" means any color photograph or digitally produced
6and captured image of an applicant for an identification card.
7As used in this Act, "signature" means the name of a person as
8written by that person and captured in a manner acceptable to
9the Secretary of State.
10 (a-5) If an applicant for an identification card has a
11current driver's license or instruction permit issued by the
12Secretary of State, the Secretary may require the applicant to
13utilize the same residence address and name on the
14identification card, driver's license, and instruction permit
15records maintained by the Secretary. The Secretary may
16promulgate rules to implement this provision.
17 (a-10) If the applicant is a judicial officer as defined in
18Section 1-10 of the Judicial Privacy Act or a peace officer,
19the applicant may elect to have his or her office or work
20address listed on the card instead of the applicant's residence
21or mailing address. The Secretary may promulgate rules to
22implement this provision. For the purposes of this subsection
23(a-10), "peace officer" means any person who by virtue of his
24or her office or public employment is vested by law with a duty
25to maintain public order or to make arrests for a violation of
26any penal statute of this State, whether that duty extends to

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1all violations or is limited to specific violations.
2 (a-15) The Secretary of State may provide for an expedited
3process for the issuance of an Illinois Identification Card.
4The Secretary shall charge an additional fee for the expedited
5issuance of an Illinois Identification Card, to be set by rule,
6not to exceed $75. All fees collected by the Secretary for
7expedited Illinois Identification Card service shall be
8deposited into the Secretary of State Special Services Fund.
9The Secretary may adopt rules regarding the eligibility,
10process, and fee for an expedited Illinois Identification Card.
11If the Secretary of State determines that the volume of
12expedited identification card requests received on a given day
13exceeds the ability of the Secretary to process those requests
14in an expedited manner, the Secretary may decline to provide
15expedited services, and the additional fee for the expedited
16service shall be refunded to the applicant.
17 (a-20) The Secretary of State shall issue a standard
18Illinois Identification Card to a committed person upon release
19on parole, mandatory supervised release, aftercare release,
20final discharge, or pardon from the Department of Corrections
21or Department of Juvenile Justice, if the released person
22presents a certified copy of his or her birth certificate,
23social security card or other documents authorized by the
24Secretary, and 2 documents proving his or her Illinois
25residence address. Documents proving residence address may
26include any official document of the Department of Corrections

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

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1 Prior to the expiration of the 90-day period of the
2limited-term Illinois Identification Card, if the released
3person submits to the Secretary of State a certified copy of
4his or her birth certificate and his or her social security
5card or other documents authorized by the Secretary, a standard
6Illinois Identification Card shall be issued. A limited-term
7Illinois Identification Card may not be renewed.
8 (a-26) The Secretary of State shall track and issue an
9annual report to the General Assembly detailing the number of
10permanent Illinois Identification Cards issued by the
11Secretary of State to persons presenting verification forms
12issued by the Department of Juvenile Justice and Department of
13Corrections. The report shall include comparable data from the
14previous calendar year and shall reflect any increases or
15decreases. The Secretary of State shall publish the report on
16the Secretary of State's website.
17 (a-30) The Secretary of State shall issue a standard
18Illinois Identification Card to a person upon conditional
19release or absolute discharge from the custody of the
20Department of Human Services, if the person presents a
21certified copy of his or her birth certificate, social security
22card, or other documents authorized by the Secretary, and a
23document proving his or her Illinois residence address. The
24Secretary of State shall issue a standard Illinois
25Identification Card to a person no sooner than 14 days prior to
26his or her conditional release or absolute discharge if

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

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

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

HB3090- 22 -LRB101 08266 RLC 53332 b
1that the person named on such card is a person with a
2disability or for any other purpose unless the card is used for
3the benefit of the person named on such card, and the person
4named on such card consents to such use at the time the card is
5so used.
6 An optometrist's determination of a visual disability
7under Section 4A of this Act is acceptable as documentation for
8the purpose of issuing an Illinois Person with a Disability
9Identification Card.
10 When medical information is contained on an Illinois Person
11with a Disability Identification Card, the Office of the
12Secretary of State shall not be liable for any actions taken
13based upon that medical information.
14 (c) The Secretary of State shall provide that each original
15or renewal Illinois Identification Card or Illinois Person with
16a Disability Identification Card issued to a person under the
17age of 21 shall be of a distinct nature from those Illinois
18Identification Cards or Illinois Person with a Disability
19Identification Cards issued to individuals 21 years of age or
20older. The color designated for Illinois Identification Cards
21or Illinois Person with a Disability Identification Cards for
22persons under the age of 21 shall be at the discretion of the
23Secretary of State.
24 (c-1) Each original or renewal Illinois Identification
25Card or Illinois Person with a Disability Identification Card
26issued to a person under the age of 21 shall display the date

HB3090- 23 -LRB101 08266 RLC 53332 b
1upon which the person becomes 18 years of age and the date upon
2which the person becomes 21 years of age.
3 (c-3) The General Assembly recognizes the need to identify
4military veterans living in this State for the purpose of
5ensuring that they receive all of the services and benefits to
6which they are legally entitled, including healthcare,
7education assistance, and job placement. To assist the State in
8identifying these veterans and delivering these vital services
9and benefits, the Secretary of State is authorized to issue
10Illinois Identification Cards and Illinois Person with a
11Disability Identification Cards with the word "veteran"
12appearing on the face of the cards. This authorization is
13predicated on the unique status of veterans. The Secretary may
14not issue any other identification card which identifies an
15occupation, status, affiliation, hobby, or other unique
16characteristics of the identification card holder which is
17unrelated to the purpose of the identification card.
18 (c-5) Beginning on or before July 1, 2015, the Secretary of
19State shall designate a space on each original or renewal
20identification card where, at the request of the applicant, the
21word "veteran" shall be placed. The veteran designation shall
22be available to a person identified as a veteran under
23subsection (b) of Section 5 of this Act who was discharged or
24separated under honorable conditions.
25 (d) The Secretary of State may issue a Senior Citizen
26discount card, to any natural person who is a resident of the

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1State of Illinois who is 60 years of age or older and who
2applies for such a card or renewal thereof. The Secretary of
3State shall charge no fee to issue such card. The card shall be
4issued in every county and applications shall be made available
5at, but not limited to, nutrition sites, senior citizen centers
6and Area Agencies on Aging. The applicant, upon receipt of such
7card and prior to its use for any purpose, shall have affixed
8thereon in the space provided therefor his signature or mark.
9 (e) The Secretary of State, in his or her discretion, may
10designate on each Illinois Identification Card or Illinois
11Person with a Disability Identification Card a space where the
12card holder may place a sticker or decal, issued by the
13Secretary of State, of uniform size as the Secretary may
14specify, that shall indicate in appropriate language that the
15card holder has renewed his or her Illinois Identification Card
16or Illinois Person with a Disability Identification Card.
17(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1899-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
19100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
20 Section 110. The Unified Code of Corrections is amended by
21changing Sections 3-2.5-75 and 3-14-1 as follows:
22 (730 ILCS 5/3-2.5-75)
23 Sec. 3-2.5-75. Release from Department of Juvenile
24Justice.

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1 (a) Upon release of a youth on aftercare, the Department
2shall return all property held for the youth, provide the youth
3with suitable clothing, and procure necessary transportation
4for the youth to his or her designated place of residence and
5employment. It may provide the youth with a grant of money for
6travel and expenses which may be paid in installments. The
7amount of the money grant shall be determined by the
8Department.
9 (b) Before a wrongfully imprisoned person, as defined in
10Section 3-1-2 of this Code, is discharged from the Department,
11the Department shall provide him or her with any documents
12necessary after discharge.
13 (c) The Department of Juvenile Justice may establish and
14maintain, in any institution it administers, revolving funds to
15be known as "Travel and Allowances Revolving Funds". These
16revolving funds shall be used for advancing travel and expense
17allowances to committed, released, and discharged youth. The
18moneys paid into these revolving funds shall be from
19appropriations to the Department for committed, released, and
20discharged prisoners.
21 (d) Upon the release of a youth on aftercare, the
22Department shall provide that youth with information
23concerning programs and services of the Department of Public
24Health to ascertain whether that youth has been exposed to the
25human immunodeficiency virus (HIV) or any identified causative
26agent of Acquired Immunodeficiency Syndrome (AIDS).

HB3090- 26 -LRB101 08266 RLC 53332 b
1 (e) Upon the release of a youth on aftercare or who has
2been wrongfully imprisoned, the Department shall verify the
3youth's full name, date of birth, and social security number.
4If verification is made by the Department by obtaining a
5certified copy of the youth's birth certificate and the youth's
6social security card or other documents authorized by the
7Secretary, the Department shall provide the birth certificate
8and social security card or other documents authorized by the
9Secretary to the youth. If verification is done by means other
10than obtaining a certified copy of the youth's birth
11certificate and the youth's social security card or other
12documents authorized by the Secretary, the Department shall
13complete a verification form, prescribed by the Secretary of
14State and shall provide that verification form to the youth.
15 (f) In order to determine how many persons released from
16incarceration in the Department of Juvenile Justice obtained
17permanent Illinois Identification Cards, the Department of
18Juvenile Justice shall track and issue an annual report to the
19General Assembly detailing the number of birth certificates
20obtained for persons while in its custody, the number of social
21security cards obtained for persons while in its custody, and
22the number of verification forms issued to persons in its
23custody within 30 days of a person's release from custody. The
24report shall include comparable data from the previous calendar
25year and shall reflect any increases or decreases. The
26Department of Juvenile Justice shall publish the reports on its

HB3090- 27 -LRB101 08266 RLC 53332 b
1website.
2(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907,
3eff. 7-1-17.)
4 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
5 Sec. 3-14-1. Release from the institution.
6 (a) Upon release of a person on parole, mandatory release,
7final discharge or pardon the Department shall return all
8property held for him, provide him with suitable clothing and
9procure necessary transportation for him to his designated
10place of residence and employment. It may provide such person
11with a grant of money for travel and expenses which may be paid
12in installments. The amount of the money grant shall be
13determined by the Department.
14 (a-1) The Department shall, before a wrongfully imprisoned
15person, as defined in Section 3-1-2 of this Code, is discharged
16from the Department, provide him or her with any documents
17necessary after discharge.
18 (a-2) The Department of Corrections may establish and
19maintain, in any institution it administers, revolving funds to
20be known as "Travel and Allowances Revolving Funds". These
21revolving funds shall be used for advancing travel and expense
22allowances to committed, paroled, and discharged prisoners.
23The moneys paid into such revolving funds shall be from
24appropriations to the Department for Committed, Paroled, and
25Discharged Prisoners.

HB3090- 28 -LRB101 08266 RLC 53332 b
1 (b) (Blank).
2 (c) Except as otherwise provided in this Code, the
3Department shall establish procedures to provide written
4notification of any release of any person who has been
5convicted of a felony to the State's Attorney and sheriff of
6the county from which the offender was committed, and the
7State's Attorney and sheriff of the county into which the
8offender is to be paroled or released. Except as otherwise
9provided in this Code, the Department shall establish
10procedures to provide written notification to the proper law
11enforcement agency for any municipality of any release of any
12person who has been convicted of a felony if the arrest of the
13offender or the commission of the offense took place in the
14municipality, if the offender is to be paroled or released into
15the municipality, or if the offender resided in the
16municipality at the time of the commission of the offense. If a
17person convicted of a felony who is in the custody of the
18Department of Corrections or on parole or mandatory supervised
19release informs the Department that he or she has resided,
20resides, or will reside at an address that is a housing
21facility owned, managed, operated, or leased by a public
22housing agency, the Department must send written notification
23of that information to the public housing agency that owns,
24manages, operates, or leases the housing facility. The written
25notification shall, when possible, be given at least 14 days
26before release of the person from custody, or as soon

HB3090- 29 -LRB101 08266 RLC 53332 b
1thereafter as possible. The written notification shall be
2provided electronically if the State's Attorney, sheriff,
3proper law enforcement agency, or public housing agency has
4provided the Department with an accurate and up to date email
5address.
6 (c-1) (Blank).
7 (c-2) The Department shall establish procedures to provide
8notice to the Department of State Police of the release or
9discharge of persons convicted of violations of the
10Methamphetamine Control and Community Protection Act or a
11violation of the Methamphetamine Precursor Control Act. The
12Department of State Police shall make this information
13available to local, State, or federal law enforcement agencies
14upon request.
15 (c-5) If a person on parole or mandatory supervised release
16becomes a resident of a facility licensed or regulated by the
17Department of Public Health, the Illinois Department of Public
18Aid, or the Illinois Department of Human Services, the
19Department of Corrections shall provide copies of the following
20information to the appropriate licensing or regulating
21Department and the licensed or regulated facility where the
22person becomes a resident:
23 (1) The mittimus and any pre-sentence investigation
24 reports.
25 (2) The social evaluation prepared pursuant to Section
26 3-8-2.

HB3090- 30 -LRB101 08266 RLC 53332 b
1 (3) Any pre-release evaluation conducted pursuant to
2 subsection (j) of Section 3-6-2.
3 (4) Reports of disciplinary infractions and
4 dispositions.
5 (5) Any parole plan, including orders issued by the
6 Prisoner Review Board, and any violation reports and
7 dispositions.
8 (6) The name and contact information for the assigned
9 parole agent and parole supervisor.
10 This information shall be provided within 3 days of the
11person becoming a resident of the facility.
12 (c-10) If a person on parole or mandatory supervised
13release becomes a resident of a facility licensed or regulated
14by the Department of Public Health, the Illinois Department of
15Public Aid, or the Illinois Department of Human Services, the
16Department of Corrections shall provide written notification
17of such residence to the following:
18 (1) The Prisoner Review Board.
19 (2) The chief of police and sheriff in the municipality
20 and county in which the licensed facility is located.
21 The notification shall be provided within 3 days of the
22person becoming a resident of the facility.
23 (d) Upon the release of a committed person on parole,
24mandatory supervised release, final discharge or pardon, the
25Department shall provide such person with information
26concerning programs and services of the Illinois Department of

HB3090- 31 -LRB101 08266 RLC 53332 b
1Public Health to ascertain whether such person has been exposed
2to the human immunodeficiency virus (HIV) or any identified
3causative agent of Acquired Immunodeficiency Syndrome (AIDS).
4 (e) Upon the release of a committed person on parole,
5mandatory supervised release, final discharge, pardon, or who
6has been wrongfully imprisoned, the Department shall verify the
7released person's full name, date of birth, and social security
8number. If verification is made by the Department by obtaining
9a certified copy of the released person's birth certificate and
10the released person's social security card or other documents
11authorized by the Secretary, the Department shall provide the
12birth certificate and social security card or other documents
13authorized by the Secretary to the released person. If
14verification by the Department is done by means other than
15obtaining a certified copy of the released person's birth
16certificate and the released person's social security card or
17other documents authorized by the Secretary, the Department
18shall complete a verification form, prescribed by the Secretary
19of State, and shall provide that verification form to the
20released person.
21 (f) Forty-five days prior to the scheduled discharge of a
22person committed to the custody of the Department of
23Corrections, the Department shall give the person who is
24otherwise uninsured an opportunity to apply for health care
25coverage including medical assistance under Article V of the
26Illinois Public Aid Code in accordance with subsection (b) of

HB3090- 32 -LRB101 08266 RLC 53332 b
1Section 1-8.5 of the Illinois Public Aid Code, and the
2Department of Corrections shall provide assistance with
3completion of the application for health care coverage
4including medical assistance. The Department may adopt rules to
5implement this Section.
6 (g) In order to determine how many persons released from
7incarceration in the Department obtained permanent Illinois
8Identification Cards, the Department shall track and issue an
9annual report to the General Assembly detailing the number of
10birth certificates obtained for persons while in its custody,
11the number of social security cards obtained for persons while
12in its custody, and the number of verification forms issued to
13persons in its custody within 30 days of a person's release
14from custody. The report shall include comparable data from the
15previous calendar year and shall reflect any increases or
16decreases. The Department shall publish the reports on its
17website.
18(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
1999-907, eff. 7-1-17.)
20 Section 995. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

HB3090- 33 -LRB101 08266 RLC 53332 b
1Public Act.
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