Bill Text: IL HB5307 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Illinois Identification Card Act and the Unified Code of Corrections. Provides that the Department of Corrections or Juvenile Justice shall provide information to the Secretary of State of persons in its custody who will be discharged no later than 45 days after the submission of the identifying information in the mittimus to the Secretary of State. Provides that the Secretary of State shall issue a standard Illinois Identification Card in the name of the committed person who is to be discharged before the committed person's date of discharge. Provides that upon discharge of the committed person, the Department shall furnish the person with the standard Illinois Identification Card. Provides that neither the Secretary of State nor the Department shall charge a fee to the committed person for issuance of the Card.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5307 Detail]

Download: Illinois-2021-HB5307-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5307

Introduced , by Rep. Cyril Nichols

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

Amends the Illinois Identification Card Act and the Unified Code of Corrections. Provides that the Department of Corrections or Juvenile Justice shall provide information to the Secretary of State of persons in its custody who will be discharged no later than 45 days after the submission of the identifying information in the mittimus to the Secretary of State. Provides that the Secretary of State shall issue a standard Illinois Identification Card in the name of the committed person who is to be discharged before the committed person's date of discharge. Provides that upon discharge of the committed person, the Department shall furnish the person with the standard Illinois Identification Card. Provides that neither the Secretary of State nor the Department shall charge a fee to the committed person for issuance of the Card.
LRB102 25514 RLC 34803 b

A BILL FOR

HB5307LRB102 25514 RLC 34803 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
6 (15 ILCS 335/4) (from Ch. 124, par. 24)
7 Sec. 4. Identification card.
8 (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.

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

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

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

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1may be executed by Department of Corrections or Department of
2Juvenile Justice personnel.
3 Prior to the expiration of the 90-day period of the
4limited-term Illinois Identification Card, if the released
5person submits to the Secretary of State a certified copy of
6his or her birth certificate and his or her social security
7card or other documents authorized by the Secretary, a
8standard Illinois Identification Card shall be issued. A
9limited-term Illinois Identification Card may not be renewed.
10 (a-30) The Secretary of State shall issue a standard
11Illinois Identification Card to a person upon conditional
12release or absolute discharge from the custody of the
13Department of Human Services, if the person presents a
14certified copy of his or her birth certificate, social
15security card, or other documents authorized by the Secretary,
16and a document proving his or her Illinois residence address.
17The Secretary of State shall issue a standard Illinois
18Identification Card to a person prior to his or her
19conditional release or absolute discharge if personnel from
20the Department of Human Services bring the person to a
21Secretary of State location with the required documents.
22Documents proving residence address may include any official
23document of the Department of Human Services showing the
24person's address after release and a Secretary of State
25prescribed verification form, which may be executed by
26personnel of the Department of Human Services.

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

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

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

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

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

HB5307- 11 -LRB102 25514 RLC 34803 b
1upon receipt of such card and prior to its use for any purpose,
2shall have affixed thereon in the space provided therefor his
3signature or mark.
4 (e) The Secretary of State, in his or her discretion, may
5designate on each Illinois Identification Card or Illinois
6Person with a Disability Identification Card a space where the
7card holder may place a sticker or decal, issued by the
8Secretary of State, of uniform size as the Secretary may
9specify, that shall indicate in appropriate language that the
10card holder has renewed his or her Illinois Identification
11Card or Illinois Person with a Disability Identification Card.
12(Source: P.A. 102-299, eff. 8-6-21.)
13 Section 10. The Unified Code of Corrections is amended by
14changing Section 3-14-1 as follows:
15 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
16 Sec. 3-14-1. Release from the institution.
17 (a) Upon release of a person on parole, mandatory release,
18final discharge, or pardon, the Department shall return all
19property held for him, provide him with suitable clothing and
20procure necessary transportation for him to his designated
21place of residence and employment. It may provide such person
22with a grant of money for travel and expenses which may be paid
23in installments. The amount of the money grant shall be
24determined by the Department.

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1 (a-1) The Department shall, before a wrongfully imprisoned
2person, as defined in Section 3-1-2 of this Code, is
3discharged from the Department, provide him or her with any
4documents necessary after discharge.
5 (a-2) The Department of Corrections may establish and
6maintain, in any institution it administers, revolving funds
7to be known as "Travel and Allowances Revolving Funds". These
8revolving funds shall be used for advancing travel and expense
9allowances to committed, paroled, and discharged prisoners.
10The moneys paid into such revolving funds shall be from
11appropriations to the Department for Committed, Paroled, and
12Discharged Prisoners.
13 (a-3) Upon release of a person who is eligible to vote on
14parole, mandatory release, final discharge, or pardon, the
15Department shall provide the person with a form that informs
16him or her that his or her voting rights have been restored and
17a voter registration application. The Department shall have
18available voter registration applications in the languages
19provided by the Illinois State Board of Elections. The form
20that informs the person that his or her rights have been
21restored shall include the following information:
22 (1) All voting rights are restored upon release from
23 the Department's custody.
24 (2) A person who is eligible to vote must register in
25 order to be able to vote.
26 The Department of Corrections shall confirm that the

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1person received the voter registration application and has
2been informed that his or her voting rights have been
3restored.
4 (a-4) Prior to release of a person on parole, mandatory
5supervised release, final discharge, or pardon, the Department
6shall screen every person for Medicaid eligibility. Officials
7of the correctional institution or facility where the
8committed person is assigned shall assist an eligible person
9to complete a Medicaid application to ensure that the person
10begins receiving benefits as soon as possible after his or her
11release. The application must include the eligible person's
12address associated with his or her residence upon release from
13the facility. If the residence is temporary, the eligible
14person must notify the Department of Human Services of his or
15her change in address upon transition to permanent housing.
16 (b) (Blank).
17 (c) Except as otherwise provided in this Code, the
18Department shall establish procedures to provide written
19notification of any release of any person who has been
20convicted of a felony to the State's Attorney and sheriff of
21the county from which the offender was committed, and the
22State's Attorney and sheriff of the county into which the
23offender is to be paroled or released. Except as otherwise
24provided in this Code, the Department shall establish
25procedures to provide written notification to the proper law
26enforcement agency for any municipality of any release of any

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1person who has been convicted of a felony if the arrest of the
2offender or the commission of the offense took place in the
3municipality, if the offender is to be paroled or released
4into the municipality, or if the offender resided in the
5municipality at the time of the commission of the offense. If a
6person convicted of a felony who is in the custody of the
7Department of Corrections or on parole or mandatory supervised
8release informs the Department that he or she has resided,
9resides, or will reside at an address that is a housing
10facility owned, managed, operated, or leased by a public
11housing agency, the Department must send written notification
12of that information to the public housing agency that owns,
13manages, operates, or leases the housing facility. The written
14notification shall, when possible, be given at least 14 days
15before release of the person from custody, or as soon
16thereafter as possible. The written notification shall be
17provided electronically if the State's Attorney, sheriff,
18proper law enforcement agency, or public housing agency has
19provided the Department with an accurate and up to date email
20address.
21 (c-1) (Blank).
22 (c-2) The Department shall establish procedures to provide
23notice to the Illinois State Police of the release or
24discharge of persons convicted of violations of the
25Methamphetamine Control and Community Protection Act or a
26violation of the Methamphetamine Precursor Control Act. The

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1Illinois State Police shall make this information available to
2local, State, or federal law enforcement agencies upon
3request.
4 (c-5) If a person on parole or mandatory supervised
5release becomes a resident of a facility licensed or regulated
6by the Department of Public Health, the Illinois Department of
7Public Aid, or the Illinois Department of Human Services, the
8Department of Corrections shall provide copies of the
9following information to the appropriate licensing or
10regulating Department and the licensed or regulated facility
11where the person becomes a resident:
12 (1) The mittimus and any pre-sentence investigation
13 reports.
14 (2) The social evaluation prepared pursuant to Section
15 3-8-2.
16 (3) Any pre-release evaluation conducted pursuant to
17 subsection (j) of Section 3-6-2.
18 (4) Reports of disciplinary infractions and
19 dispositions.
20 (5) Any parole plan, including orders issued by the
21 Prisoner Review Board, and any violation reports and
22 dispositions.
23 (6) The name and contact information for the assigned
24 parole agent and parole supervisor.
25 This information shall be provided within 3 days of the
26person becoming a resident of the facility.

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1 (c-10) If a person on parole or mandatory supervised
2release becomes a resident of a facility licensed or regulated
3by the Department of Public Health, the Illinois Department of
4Public Aid, or the Illinois Department of Human Services, the
5Department of Corrections shall provide written notification
6of such residence to the following:
7 (1) The Prisoner Review Board.
8 (2) The chief of police and sheriff in the
9 municipality and county in which the licensed facility is
10 located.
11 The notification shall be provided within 3 days of the
12person becoming a resident of the facility.
13 (d) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge, or pardon, the
15Department shall provide such person with information
16concerning programs and services of the Illinois Department of
17Public Health to ascertain whether such person has been
18exposed to the human immunodeficiency virus (HIV) or any
19identified causative agent of Acquired Immunodeficiency
20Syndrome (AIDS).
21 (e) Upon the release of a committed person on parole,
22mandatory supervised release, final discharge, pardon, or who
23has been wrongfully imprisoned, the Department shall verify
24the released person's full name, date of birth, and social
25security number. If verification is made by the Department by
26obtaining a certified copy of the released person's birth

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1certificate and the released person's social security card or
2other documents authorized by the Secretary, the Department
3shall provide the birth certificate and social security card
4or other documents authorized by the Secretary to the released
5person. If verification by the Department is done by means
6other than obtaining a certified copy of the released person's
7birth certificate and the released person's social security
8card or other documents authorized by the Secretary, the
9Department shall complete a verification form, prescribed by
10the Secretary of State, and shall provide that verification
11form to the released person.
12 (f) Forty-five days prior to the scheduled discharge of a
13person committed to the custody of the Department of
14Corrections, the Department shall give the person:
15 (1) who is otherwise uninsured an opportunity to apply
16 for health care coverage including medical assistance
17 under Article V of the Illinois Public Aid Code in
18 accordance with subsection (b) of Section 1-8.5 of the
19 Illinois Public Aid Code, and the Department of
20 Corrections shall provide assistance with completion of
21 the application for health care coverage including medical
22 assistance;
23 (2) information that the person shall receive a
24 standard Illinois Identification Card after discharge from
25 the custody of the Department at no charge. about
26 obtaining a standard Illinois Identification Card or a

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1 limited-term Illinois Identification Card under Section 4
2 of the Illinois Identification Card Act The Department
3 shall provide information to the Secretary of State of
4 persons in its custody who will be discharged no later
5 than 45 days after the submission of the identifying
6 information in the mittimus to the Secretary of State. The
7 Secretary of State shall issue a standard Illinois
8 Identification Card in the name of the committed person
9 who is to be discharged before the committed person's date
10 of discharge. Upon discharge of the committed person, the
11 Department shall furnish the person with the standard
12 Illinois Identification Card. Neither the Secretary of
13 State nor the Department shall charge a fee to the
14 committed person for issuance of the Card;
15 (3) information about voter registration and may
16 distribute information prepared by the State Board of
17 Elections. The Department of Corrections may enter into an
18 interagency contract with the State Board of Elections to
19 participate in the automatic voter registration program
20 and be a designated automatic voter registration agency
21 under Section 1A-16.2 of the Election Code;
22 (4) information about job listings upon discharge from
23 the correctional institution or facility;
24 (5) information about available housing upon discharge
25 from the correctional institution or facility;
26 (6) a directory of elected State officials and of

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1 officials elected in the county and municipality, if any,
2 in which the committed person intends to reside upon
3 discharge from the correctional institution or facility;
4 and
5 (7) any other information that the Department of
6 Corrections deems necessary to provide the committed
7 person in order for the committed person to reenter the
8 community and avoid recidivism.
9 The Department may adopt rules to implement this Section.
10(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
11102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
121-1-22; revised 10-15-21.)
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