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

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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 - Dead) 2020-06-23 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB3090 Detail]

Download: Illinois-2019-HB3090-Introduced.html

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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
HB3090 LRB101 08266 RLC 53332 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reporting of Deaths in Custody Act.
Section 5. Report of deaths of persons in custody in
correctional institutions.
(a) In this Act, "law enforcement agency" includes each law
enforcement entity within this State having the authority to
arrest and detain persons suspected of, or charged with,
committing a criminal offense, and each law enforcement entity
that operates a lock up, jail, prison, or any other facility
used to detain persons for legitimate law enforcement purposes.
(b) In any case in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in this
State; or
(C) a peace officer; or
(2) 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

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

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

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

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(k) 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.
(l) The law enforcement agency or correctional facility
shall name a staff person to act as dedicated family liaison
officer to be a point of contact for the family, to make and
maintain contact with the family, to report ongoing
developments and findings of investigations, and to provide
information and practical support. If requested by the
deceased's next of kin, the law enforcement agency or
correctional facility shall arrange for a chaplain, counselor,
or other suitable staff member to meet with the family and
discuss any faith considerations or concerns. The family has a
right to the medical records of a family member who has died in
custody and these records shall be disclosed to them.
(m) It is unlawful for a person who is required under this
Section to investigate a death or file a report to fail to
include in the report facts known or discovered in the
investigation to the Attorney General. A violation of this
Section is a Class B misdemeanor.
Section 105. The Illinois Identification Card Act is
amended by changing Section 4 as follows:

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

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

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

HB3090 - 9 - LRB101 08266 RLC 53332 b
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed verification form completed by
the Department of Corrections or Department of Juvenile
Justice, verifying the released person's date of birth and
social security number and 2 documents proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile
Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a standard
Illinois Identification Card shall be issued. A limited-term
Illinois Identification Card may not be renewed.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person

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

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Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability

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

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

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

HB3090 - 15 - LRB101 08266 RLC 53332 b
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to

HB3090 - 16 - LRB101 08266 RLC 53332 b
all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon release
on parole, mandatory supervised release, aftercare release,
final discharge, or pardon from the Department of Corrections
or Department of Juvenile Justice, if the released person
presents a certified copy of his or her birth certificate,
social security card or other documents authorized by the
Secretary, and 2 documents proving his or her Illinois
residence address. Documents proving residence address may
include any official document of the Department of Corrections

HB3090 - 17 - LRB101 08266 RLC 53332 b
or the Department of Juvenile Justice showing the released
person's address after release and a Secretary of State
prescribed certificate of residency form, which may be executed
by Department of Corrections or Department of Juvenile Justice
personnel.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice, if
the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed verification form completed by
the Department of Corrections or Department of Juvenile
Justice, verifying the released person's date of birth and
social security number and 2 documents proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile
Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.

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

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personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address may include any
official document of the Department of Human Services showing
the person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person upon
conditional release or absolute discharge from the custody of
the Department of Human Services, if the person is unable to
present a certified copy of his or her birth certificate and
social security card or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, and a document proving his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card. The Secretary of State
shall issue a limited-term Illinois Identification Card to a
person no sooner than 14 days prior to his or her conditional
release or absolute discharge if personnel from the Department
of Human Services bring the person to a Secretary of State
location with the required documents. Documents proving
residence address shall include any official document of the

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

HB3090 - 21 - LRB101 08266 RLC 53332 b
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove

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that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date

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

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

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

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

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

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

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

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

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

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

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Public Act.