Bill Text: IL HB5718 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Election Code. Allows for the automatic voter registration of persons released from the Department of Corrections and issued standard Illinois Identification Cards by the Secretary of State. Includes the Department of Corrections as a "designated automatic voter registration agency" and a "designated government agency" for the purposes of registering voters under the Act. Provides that the Department of Corrections shall be considered a designated government agency until the designated automatic voter registration agency provisions of the Code are fully implemented, at which point, the Department of Corrections shall be considered a designated automatic voter registration agency, and cease to be a designated government agency. Amends the Unified Code of Corrections. Provides that upon the release of a committed person on parole, mandatory supervised release, final discharge, pardon, or release for wrongful imprisonment, the Department of Corrections shall provide such person with information concerning voter registration. Makes a conforming change in the Code. Amends the Illinois Identification Card Act to make a conforming change.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-07 - Tabled [HB5718 Detail]
Download: Illinois-2017-HB5718-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 1A-16.1, 1A-16.2, and 1A-16.6 as follows:
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6 | (10 ILCS 5/1A-16.1) | |||||||||||||||||||||||||||
7 | Sec. 1A-16.1. Automatic voter registration; Secretary of | |||||||||||||||||||||||||||
8 | State. | |||||||||||||||||||||||||||
9 | (a) The Office of the Secretary of State and the State | |||||||||||||||||||||||||||
10 | Board of Elections, pursuant to an interagency contract and | |||||||||||||||||||||||||||
11 | jointly-adopted rules, shall establish an automatic voter | |||||||||||||||||||||||||||
12 | registration program that satisfies the requirements of this | |||||||||||||||||||||||||||
13 | Section and other applicable law. | |||||||||||||||||||||||||||
14 | (b) If an application, an application for renewal, a change | |||||||||||||||||||||||||||
15 | of address form, or a recertification form for a driver's | |||||||||||||||||||||||||||
16 | license, other than a temporary visitor's driver's license, or | |||||||||||||||||||||||||||
17 | a State identification card issued by the Office of the | |||||||||||||||||||||||||||
18 | Secretary of State , including a standard Illinois | |||||||||||||||||||||||||||
19 | Identification Card issued to a person under subsection (a-20) | |||||||||||||||||||||||||||
20 | of the Illinois Identification Card Act, meets the requirements | |||||||||||||||||||||||||||
21 | of the federal REAL ID Act of 2005, then that application shall | |||||||||||||||||||||||||||
22 | serve as a dual-purpose application. The dual-purpose | |||||||||||||||||||||||||||
23 | application shall: |
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1 | (1) also serve as an application to register to vote in | ||||||
2 | Illinois; | ||||||
3 | (2) allow an applicant to change his or her registered | ||||||
4 | residence address or name as it appears on the voter | ||||||
5 | registration rolls; | ||||||
6 | (3) provide the applicant with an opportunity to | ||||||
7 | affirmatively decline to register to vote or to change his | ||||||
8 | or her registered residence address or name by providing a | ||||||
9 | check box on the application form without requiring the | ||||||
10 | applicant to state the reason; and | ||||||
11 | (4) unless the applicant declines to register to vote | ||||||
12 | or change his or her registered residence address or name, | ||||||
13 | require the applicant to attest, by signature under penalty | ||||||
14 | of perjury as described in subsection (e) of this Section, | ||||||
15 | to meeting the qualifications to register to vote in | ||||||
16 | Illinois at his or her residence address as indicated on | ||||||
17 | his or her driver's license or identification card | ||||||
18 | dual-purpose application. | ||||||
19 | (b-5) If an application, an application for renewal, a | ||||||
20 | change of address form, or a recertification form for a | ||||||
21 | driver's license, other than a temporary visitor's driver's | ||||||
22 | license, or a State identification card issued by the Office of | ||||||
23 | the Secretary of State , including a standard Illinois | ||||||
24 | Identification Card issued to a person under subsection (a-20) | ||||||
25 | of the Illinois Identification Card Act, does not meet the | ||||||
26 | requirements of the federal REAL ID Act of 2005, then that |
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1 | application shall serve as a dual-purpose application. The | ||||||
2 | dual-purpose application shall: | ||||||
3 | (1) also serve as an application to register to vote in | ||||||
4 | Illinois; | ||||||
5 | (2) allow an applicant to change his or her registered | ||||||
6 | residence address or name as it appears on the voter | ||||||
7 | registration rolls; and | ||||||
8 | (3) if the applicant chooses to register to vote or to | ||||||
9 | change his or her registered residence address or name, | ||||||
10 | then require the applicant to attest, by a separate | ||||||
11 | signature under penalty of perjury, to meeting the | ||||||
12 | qualifications to register to vote in Illinois at his or | ||||||
13 | her residence address as indicated on his or her | ||||||
14 | dual-purpose application. | ||||||
15 | (b-10) The Office of the Secretary of State shall clearly | ||||||
16 | and conspicuously inform each applicant in writing: (i) of the | ||||||
17 | qualifications to register to vote in Illinois, (ii) of the | ||||||
18 | penalties provided by law for submission of a false voter | ||||||
19 | registration application, (iii) that, unless the applicant | ||||||
20 | declines to register to vote or update his or her voter | ||||||
21 | registration, his or her dual-purpose application shall also | ||||||
22 | serve as both an application to register to vote and his or her | ||||||
23 | attestation that he or she meets the eligibility requirements | ||||||
24 | for voter registration, and that his or her application to | ||||||
25 | register to vote or update his or her registration will be | ||||||
26 | transmitted to the State Board of Elections for the purpose of |
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1 | registering the person to vote at the residence address to be | ||||||
2 | indicated on his or her driver's license or identification | ||||||
3 | card, and (iv) that declining to register to vote is | ||||||
4 | confidential and will not affect any services the person may be | ||||||
5 | seeking from the Office of the Secretary of State. | ||||||
6 | (c) The Office of the Secretary of State shall review | ||||||
7 | information provided to the Office of the Secretary of State by | ||||||
8 | the State Board of Elections to inform each applicant for a | ||||||
9 | driver's license or permit, other than a temporary visitor's | ||||||
10 | driver's license, or a State identification card issued by the | ||||||
11 | Office of the Secretary of State whether the applicant is | ||||||
12 | currently registered to vote in Illinois and, if registered, at | ||||||
13 | what address. | ||||||
14 | (d) The Office of the Secretary of State shall not require | ||||||
15 | an applicant for a driver's license or State identification | ||||||
16 | card to provide duplicate identification or information in | ||||||
17 | order to complete an application to register to vote or change | ||||||
18 | his or her registered residence address or name. Before | ||||||
19 | transmitting any personal information about an applicant to the | ||||||
20 | State Board of Elections, the Office of the Secretary of State | ||||||
21 | shall review its records of the identification documents the | ||||||
22 | applicant provided in order to complete the application for a | ||||||
23 | driver's license or State identification card, to confirm that | ||||||
24 | nothing in those documents indicates that the applicant does | ||||||
25 | not satisfy the qualifications to register to vote in Illinois | ||||||
26 | at his or her residence address. |
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1 | (e) A completed, signed application for (i) a driver's | ||||||
2 | license or permit, other than a temporary visitor's driver's | ||||||
3 | license, or a State identification card issued by the Office of | ||||||
4 | the Secretary of State, that meets the requirements of the | ||||||
5 | federal REAL ID Act of 2005; or (ii) a completed application | ||||||
6 | under subsection (b-5) of this Section with a separate | ||||||
7 | signature attesting the applicant meets the qualifications to | ||||||
8 | register to vote in Illinois at his or her residence address as | ||||||
9 | indicated on his or her application shall constitute a signed | ||||||
10 | application to register to vote in Illinois at the residence | ||||||
11 | address indicated in the application unless the person | ||||||
12 | affirmatively declined in the application to register to vote | ||||||
13 | or to change his or her registered residence address or name. | ||||||
14 | If the identification documents provided to complete the | ||||||
15 | dual-purpose application indicate that he or she does not | ||||||
16 | satisfy the qualifications to register to vote in Illinois at | ||||||
17 | his or her residence address, the application shall be marked | ||||||
18 | as incomplete. | ||||||
19 | (f) For each completed and signed application that | ||||||
20 | constitutes an application to register to vote in Illinois or | ||||||
21 | provides for a change in the applicant's registered residence | ||||||
22 | address or name, the Office of the Secretary of State shall | ||||||
23 | electronically transmit to the State Board of Elections | ||||||
24 | personal information needed to complete the person's | ||||||
25 | registration to vote in Illinois at his or her residence | ||||||
26 | address. The application to register to vote shall be processed |
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1 | in accordance with Section 1A-16.7. | ||||||
2 | (g) If the federal REAL ID Act of 2005 is repealed, | ||||||
3 | abrogated, superseded, or otherwise no longer in effect, then | ||||||
4 | the State Board of Elections shall establish criteria for | ||||||
5 | determining reliable personal information indicating | ||||||
6 | citizenship status and shall adopt rules as necessary for the | ||||||
7 | Secretary of State to continue processing dual-purpose | ||||||
8 | applications under this Section. | ||||||
9 | (h) As used in this Section, "dual-purpose application" | ||||||
10 | means an application, an application for renewal, a change of | ||||||
11 | address form, or a recertification form for driver's license or | ||||||
12 | permit, other than a temporary visitor's driver's license, or a | ||||||
13 | State identification card offered by the Secretary of State | ||||||
14 | that also serves as an application to register to vote in | ||||||
15 | Illinois. "Dual-purpose application" does not mean an | ||||||
16 | application under subsection (c) of Section 6-109 of the | ||||||
17 | Illinois Vehicle Code.
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18 | (Source: P.A. 100-464, eff. 8-28-17.)
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19 | (10 ILCS 5/1A-16.2) | ||||||
20 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
21 | automatic voter registration agencies. | ||||||
22 | (a) Each designated automatic voter registration agency | ||||||
23 | shall, pursuant to an interagency contract and jointly-adopted | ||||||
24 | rules with the State Board of Elections, agree to participate | ||||||
25 | in an automatic voter registration program established by the |
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1 | State Board of Elections that satisfies the requirements of | ||||||
2 | this Section and other applicable law. If the designated | ||||||
3 | automatic voter registration agency provides applications, | ||||||
4 | applications for renewal, change of address forms, or | ||||||
5 | recertification forms to individuals for services offered by | ||||||
6 | another agency, then the State Board of Elections and the | ||||||
7 | designated automatic voter agency shall consult with the other | ||||||
8 | agency. The State Board of Elections shall consider the current | ||||||
9 | technological capabilities of the designated voter | ||||||
10 | registration agency when drafting interagency contracts and | ||||||
11 | jointly-adopted rules. The State Board of Elections and the | ||||||
12 | designated automatic voter registration agency shall amend | ||||||
13 | these contracts and rules as the technological capabilities of | ||||||
14 | the designated voter registration agencies improve. | ||||||
15 | (b) As provided in subsection (a) of this Section, each | ||||||
16 | designated automatic voter registration agency that collects | ||||||
17 | or cross-references reliable personal information indicating | ||||||
18 | citizenship status may provide that an application for a | ||||||
19 | license, permit, program, or service shall serve as a | ||||||
20 | dual-purpose application. The dual-purpose application shall: | ||||||
21 | (1) also serve as an application to register to vote in | ||||||
22 | Illinois; | ||||||
23 | (2) allow an applicant to change his or her registered | ||||||
24 | residence address or name as it appears on the voter | ||||||
25 | registration rolls; | ||||||
26 | (3) provide the applicant with an opportunity to |
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1 | affirmatively decline to register to vote or change his or | ||||||
2 | her registered residence address or name by providing a | ||||||
3 | check box on the application form without requiring the | ||||||
4 | applicant to state the reason; and | ||||||
5 | (4) unless the applicant declines to register to vote | ||||||
6 | or to change his or her registered residence address or | ||||||
7 | name, require the applicant to attest, by signature under | ||||||
8 | penalty of perjury, to meeting the qualifications to | ||||||
9 | register to vote in Illinois at his or her residence | ||||||
10 | address as indicated on his or her dual-purpose | ||||||
11 | application. | ||||||
12 | (c) As provided in subsection (a) of this Section, each | ||||||
13 | designated automatic voter registration agency that does not | ||||||
14 | collect or cross-reference records containing reliable | ||||||
15 | personal information indicating citizenship status may provide | ||||||
16 | that an application, an application for renewal, a change of | ||||||
17 | address form, or a recertification form for a license, permit, | ||||||
18 | program, or service shall serve as a dual-purpose application. | ||||||
19 | The dual-purpose application shall: | ||||||
20 | (1) also serve as an application to register to vote in | ||||||
21 | Illinois; | ||||||
22 | (2) allow an applicant to change his or her registered | ||||||
23 | residence address or name as it appears on the voter | ||||||
24 | registration rolls; and | ||||||
25 | (3) if the applicant chooses to register to vote or to | ||||||
26 | change his or her registered residence address or name, |
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1 | then require the applicant to attest, by a separate | ||||||
2 | signature under penalty of perjury, to meeting the | ||||||
3 | qualifications to register to vote in Illinois at his or | ||||||
4 | her residence address as indicated on his or her | ||||||
5 | dual-purpose application. | ||||||
6 | (c-5) The designated automatic voter registration agency | ||||||
7 | shall clearly and conspicuously inform each applicant in | ||||||
8 | writing: (i) of the qualifications to register to vote in | ||||||
9 | Illinois, (ii) of the penalties provided by law for submission | ||||||
10 | of a false voter registration application, (iii) that, unless | ||||||
11 | the applicant declines to register to vote or update his or her | ||||||
12 | voter registration, his or her application shall also serve as | ||||||
13 | both an application to register to vote and his or her | ||||||
14 | attestation that he or she meets the eligibility requirements | ||||||
15 | for voter registration, and that his or her application to | ||||||
16 | register to vote or update his or her registration will be | ||||||
17 | transmitted to the State Board of Elections for the purpose of | ||||||
18 | registering the person to vote at the residence address to be | ||||||
19 | indicated on the dual-purpose application, (iv) that | ||||||
20 | information identifying the agency at which he or she applied | ||||||
21 | to register to vote is confidential, (v) that declining to | ||||||
22 | register to vote is confidential and will not affect any | ||||||
23 | services the person may be seeking from the agency, and (vi) | ||||||
24 | any additional information needed in order to comply with | ||||||
25 | Section 7 of the federal National Voter Registration Act of | ||||||
26 | 1993. |
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1 | (d) The designated automatic voter registration agency | ||||||
2 | shall review information provided to the agency by the State | ||||||
3 | Board of Elections to inform each applicant whether the | ||||||
4 | applicant is currently registered to vote in Illinois and, if | ||||||
5 | registered, at what address. | ||||||
6 | (e) The designated automatic voter registration agency | ||||||
7 | shall not require an applicant for a dual-purpose application | ||||||
8 | to provide duplicate identification or information in order to | ||||||
9 | complete an application to register to vote or change his or | ||||||
10 | her registered residence address or name. Before transmitting | ||||||
11 | any personal information about an applicant to the State Board | ||||||
12 | of Elections, the agency shall review its records of the | ||||||
13 | identification documents the applicant provided or that the | ||||||
14 | agency cross-references in order to complete the dual-purpose | ||||||
15 | application, to confirm that nothing in those documents | ||||||
16 | indicates that the applicant does not satisfy the | ||||||
17 | qualifications to register to vote in Illinois at his or her | ||||||
18 | residence address. A completed and signed dual-purpose | ||||||
19 | application, including a completed application under | ||||||
20 | subsection (c) of this Section with a separate signature | ||||||
21 | attesting that the applicant meets the qualifications to | ||||||
22 | register to vote in Illinois at his or her residence address as | ||||||
23 | indicated on his or her application, shall constitute an | ||||||
24 | application to register to vote in Illinois at the residence | ||||||
25 | address indicated in the application unless the person | ||||||
26 | affirmatively declined in the application to register to vote |
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1 | or to change his or her registered residence address or name. | ||||||
2 | If the identification documents provided to complete the | ||||||
3 | dual-purpose application, or that the agency cross-references, | ||||||
4 | indicate that he or she does not satisfy the qualifications to | ||||||
5 | register to vote in Illinois at his or her residence address, | ||||||
6 | the application shall be marked as incomplete. | ||||||
7 | (f) For each completed and signed dual-purpose application | ||||||
8 | that constitutes an application to register to vote in Illinois | ||||||
9 | or provides for a change in the applicant's registered | ||||||
10 | residence address or name, the designated automatic voter | ||||||
11 | registration agency shall electronically transmit to the State | ||||||
12 | Board of Elections personal information needed to complete the | ||||||
13 | person's registration to vote in Illinois at his or her | ||||||
14 | residence address. The application to register to vote shall be | ||||||
15 | processed in accordance with Section 1A-16.7. | ||||||
16 | (g) As used in this Section: | ||||||
17 | "Designated automatic voter registration agency" or | ||||||
18 | "agency" means the divisions of Family and Community | ||||||
19 | Services and Rehabilitation Services of the Department of | ||||||
20 | Human Services, the Department of Employment Security, the | ||||||
21 | Department of Financial and Professional Regulation, the | ||||||
22 | Department of Natural Resources, the Department of | ||||||
23 | Corrections, or an agency of the State or federal | ||||||
24 | government that has been determined by the State Board of | ||||||
25 | Elections to have access to reliable personal information | ||||||
26 | and has entered into an interagency contract with the State |
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1 | Board of Elections to participate in the automatic voter | ||||||
2 | registration program under this Section. | ||||||
3 | "Dual-purpose application" means an application, an | ||||||
4 | application for renewal, a change of address form, or a | ||||||
5 | recertification form for a license, permit, program, or | ||||||
6 | service offered by a designated automatic voter | ||||||
7 | registration agency that also serves as an application to | ||||||
8 | register to vote in Illinois. | ||||||
9 | "Reliable personal information" means information | ||||||
10 | about individuals obtained from government sources that | ||||||
11 | may be used to verify whether an individual is eligible to | ||||||
12 | register to vote. | ||||||
13 | (h) This Section shall be implemented no later than July 1, | ||||||
14 | 2019.
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15 | (Source: P.A. 100-464, eff. 8-28-17.)
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16 | (10 ILCS 5/1A-16.6) | ||||||
17 | Sec. 1A-16.6. Government agency voter registration. | ||||||
18 | (a) By April 1, 2016, the State Board of Elections shall | ||||||
19 | establish and maintain a portal for government agency | ||||||
20 | registration that permits an eligible person to electronically | ||||||
21 | apply to register to vote or to update his or her existing | ||||||
22 | voter registration whenever he or she conducts business, either | ||||||
23 | online or in person, with a designated government agency. The | ||||||
24 | portal shall interface with the online voter registration | ||||||
25 | system established in Section 1A-16.5 of this Code and shall be |
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1 | capable of receiving and processing voter registration | ||||||
2 | application information, including electronic signatures, from | ||||||
3 | a designated government agency. The State Board of Elections | ||||||
4 | shall modify the online voter registration system as necessary | ||||||
5 | to implement this Section. | ||||||
6 | Voter registration data received from a designated | ||||||
7 | government agency through the online registration system shall | ||||||
8 | be processed as provided for in Section 1A-16.5 of this Code. | ||||||
9 | Whenever the registration interface is accessible to the | ||||||
10 | general public, including, but not limited to, online | ||||||
11 | transactions, the interface shall allow the applicant to | ||||||
12 | complete the process as provided for in Section 1A-16.5 of this | ||||||
13 | Code. The online interface shall be capable of providing the | ||||||
14 | applicant with the applicant's voter registration status with | ||||||
15 | the State Board of Elections and, if registered, the | ||||||
16 | applicant's current registration address. The applicant shall | ||||||
17 | not be required to re-enter any registration data, such as | ||||||
18 | name, address, and birth date, if the designated government | ||||||
19 | agency already has that information on file. The applicant | ||||||
20 | shall be informed that by choosing to register to vote or to | ||||||
21 | update his or her existing voter registration, the applicant | ||||||
22 | consents to the transfer of the applicant's personal | ||||||
23 | information to the State Board of Elections. | ||||||
24 | Whenever a government employee is accessing the | ||||||
25 | registration system while servicing the applicant, the | ||||||
26 | government employee shall notify the applicant of the |
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1 | applicant's registration status with the State Board of | ||||||
2 | Elections and, if registered, the applicant's current | ||||||
3 | registration address. If the applicant elects to register to | ||||||
4 | vote or to update his or her existing voter registration, the | ||||||
5 | government employee shall collect the needed information and | ||||||
6 | assist the applicant with his or her registration. The | ||||||
7 | applicant shall be informed that by choosing to register to | ||||||
8 | vote or to update his or her existing voter registration, the | ||||||
9 | applicant consents to the transfer of the applicant's personal | ||||||
10 | information to the State Board of Elections. | ||||||
11 | In accordance with technical specifications provided by | ||||||
12 | the State Board of Elections, each designated government agency | ||||||
13 | shall maintain a data transfer mechanism capable of | ||||||
14 | transmitting voter registration application information, | ||||||
15 | including electronic signatures where available, to the online | ||||||
16 | voter registration system established in Section 1A-16.5 of | ||||||
17 | this Code. Each designated government agency shall establish | ||||||
18 | and operate a voter registration system capable of transmitting | ||||||
19 | voter registration application information to the portal as | ||||||
20 | described in this Section by July 1, 2016. | ||||||
21 | (b) Whenever an applicant's data is transferred from a | ||||||
22 | designated government agency, the agency must transmit a | ||||||
23 | signature image if available. If no signature image was | ||||||
24 | provided by the agency or if no signature image is available in | ||||||
25 | the Secretary of State's database or the statewide voter | ||||||
26 | registration database, the applicant must be notified that |
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1 | their registration will remain in a pending status and the | ||||||
2 | applicant will be required to provide identification and a | ||||||
3 | signature to the election authority on Election Day in the | ||||||
4 | polling place or during early voting. | ||||||
5 | (c) The State Board of Elections shall track registration | ||||||
6 | data received through the online registration system that | ||||||
7 | originated from a designated government agency for the purposes | ||||||
8 | of maintaining statistics required by the federal National | ||||||
9 | Voter Registration Act of 1993, as amended. | ||||||
10 | (d) The State Board of Elections shall submit a report to | ||||||
11 | the General Assembly and the Governor by December 1, 2015 | ||||||
12 | detailing the progress made to implement the government agency | ||||||
13 | voter registration portal described in this Section. | ||||||
14 | (e) The Board shall adopt rules, in consultation with the | ||||||
15 | impacted agencies. | ||||||
16 | (f) As used in this Section, a "designated government | ||||||
17 | agency" means the Secretary of State's Driver Services and | ||||||
18 | Vehicle Services Departments, the Department of Human | ||||||
19 | Services, the Department of Healthcare and Family Services, the | ||||||
20 | Department of Employment Security, and the Department on Aging; | ||||||
21 | however, if the designated government agency becomes a | ||||||
22 | designated automatic voter registration agency under Section | ||||||
23 | 1A-16.1 or Section 1A-16.2 of this Code, that agency shall | ||||||
24 | cease to be a designated government agency under this Section. | ||||||
25 | For the purposes of this subsection (f), the Department of | ||||||
26 | Corrections shall be considered a designated government agency |
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1 | until Section 1A-16.2 of this Code is fully implemented as | ||||||
2 | determined by the State Board of Elections, at which point, the | ||||||
3 | Department of Corrections shall be considered a designated | ||||||
4 | automatic voter registration agency, and cease to be a | ||||||
5 | designated government agency under this Section.
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6 | (Source: P.A. 100-464, eff. 8-28-17.)
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7 | Section 10. The Illinois Identification Card Act is amended | ||||||
8 | by changing Section 4 as follows:
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9 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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10 | Sec. 4. Identification card.
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11 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
12 | Identification Card to any natural person who is a resident
of | ||||||
13 | the State of Illinois who applies for such card, or renewal | ||||||
14 | thereof. No identification card shall be issued to any person | ||||||
15 | who holds a valid
foreign state
identification card, license, | ||||||
16 | or permit unless the person first surrenders to
the Secretary | ||||||
17 | of
State the valid foreign state identification card, license, | ||||||
18 | or permit. The card shall be prepared and
supplied by the | ||||||
19 | Secretary of State and shall include a photograph and signature | ||||||
20 | or mark of the
applicant. However, the Secretary of State may | ||||||
21 | provide by rule for the issuance of Illinois Identification | ||||||
22 | Cards without photographs if the applicant has a bona fide | ||||||
23 | religious objection to being photographed or to the display of | ||||||
24 | his or her photograph. The Illinois Identification Card may be |
| |||||||
| |||||||
1 | used for
identification purposes in any lawful situation only | ||||||
2 | by the person to
whom it was issued.
As used in this Act, | ||||||
3 | "photograph" means any color photograph or digitally
produced | ||||||
4 | and captured image of an applicant for an identification card. | ||||||
5 | As
used in this Act, "signature" means the name of a person as | ||||||
6 | written by that
person and captured in a manner acceptable to | ||||||
7 | the Secretary of State. | ||||||
8 | (a-5) If an applicant for an identification card has a | ||||||
9 | current driver's license or instruction permit issued by the | ||||||
10 | Secretary of State, the Secretary may require the applicant to | ||||||
11 | utilize the same residence address and name on the | ||||||
12 | identification card, driver's license, and instruction permit | ||||||
13 | records maintained by the Secretary. The Secretary may | ||||||
14 | promulgate rules to implement this provision.
| ||||||
15 | (a-10) If the applicant is a judicial officer as defined in | ||||||
16 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
17 | the applicant may elect to have his or her office or work | ||||||
18 | address listed on the card instead of the applicant's residence | ||||||
19 | or mailing address. The Secretary may promulgate rules to | ||||||
20 | implement this provision. For the purposes of this subsection | ||||||
21 | (a-10), "peace officer" means any person who by virtue of his | ||||||
22 | or her office or public employment is vested by law with a duty | ||||||
23 | to maintain public order or to make arrests for a violation of | ||||||
24 | any penal statute of this State, whether that duty extends to | ||||||
25 | all violations or is limited to specific violations. | ||||||
26 | (a-15) The Secretary of State may provide for an expedited |
| |||||||
| |||||||
1 | process for the issuance of an Illinois Identification Card. | ||||||
2 | The Secretary shall charge an additional fee for the expedited | ||||||
3 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
4 | not to exceed $75. All fees collected by the Secretary for | ||||||
5 | expedited Illinois Identification Card service shall be | ||||||
6 | deposited into the Secretary of State Special Services Fund. | ||||||
7 | The Secretary may adopt rules regarding the eligibility, | ||||||
8 | process, and fee for an expedited Illinois Identification Card. | ||||||
9 | If the Secretary of State determines that the volume of | ||||||
10 | expedited identification card requests received on a given day | ||||||
11 | exceeds the ability of the Secretary to process those requests | ||||||
12 | in an expedited manner, the Secretary may decline to provide | ||||||
13 | expedited services, and the additional fee for the expedited | ||||||
14 | service shall be refunded to the applicant. | ||||||
15 | (a-20) The Secretary of State shall issue a standard | ||||||
16 | Illinois Identification Card to a committed person upon release | ||||||
17 | on parole, mandatory supervised release, aftercare release, | ||||||
18 | final discharge, or pardon from the Department of Corrections | ||||||
19 | or Department of Juvenile Justice, if the released person | ||||||
20 | presents a certified copy of his or her birth certificate, | ||||||
21 | social security card or other documents authorized by the | ||||||
22 | Secretary, and 2 documents proving his or her Illinois | ||||||
23 | residence address. Documents proving residence address may | ||||||
24 | include any official document of the Department of Corrections | ||||||
25 | or the Department of Juvenile Justice showing the released | ||||||
26 | person's address after release and a Secretary of State |
| |||||||
| |||||||
1 | prescribed certificate of residency form, which may be executed | ||||||
2 | by Department of Corrections or Department of Juvenile Justice | ||||||
3 | personnel. Beginning on July 1, 2018, or the effective date of | ||||||
4 | this amendatory Act of the 100th General Assembly, whichever is | ||||||
5 | later, any person issued a standard Illinois Identification | ||||||
6 | Card upon his or her release from the Department of Corrections | ||||||
7 | under this Section shall be eligible for automatic voter | ||||||
8 | registration as provided under Section 1A-16.1 of the Election | ||||||
9 | Code. | ||||||
10 | (a-25) The Secretary of State shall issue a limited-term | ||||||
11 | Illinois Identification Card valid for 90 days to a committed | ||||||
12 | person upon release on parole, mandatory supervised release, | ||||||
13 | aftercare release, final discharge, or pardon from the | ||||||
14 | Department of Corrections or Department of Juvenile Justice, if | ||||||
15 | the released person is unable to present a certified copy of | ||||||
16 | his or her birth certificate and social security card or other | ||||||
17 | documents authorized by the Secretary, but does present a | ||||||
18 | Secretary of State prescribed verification form completed by | ||||||
19 | the Department of Corrections or Department of Juvenile | ||||||
20 | Justice, verifying the released person's date of birth and | ||||||
21 | social security number and 2 documents proving his or her | ||||||
22 | Illinois residence address. The verification form must have | ||||||
23 | been completed no more than 30 days prior to the date of | ||||||
24 | application for the Illinois Identification Card. Documents | ||||||
25 | proving residence address shall include any official document | ||||||
26 | of the Department of Corrections or the Department of Juvenile |
| |||||||
| |||||||
1 | Justice showing the person's address after release and a | ||||||
2 | Secretary of State prescribed certificate of residency, which | ||||||
3 | may be executed by Department of Corrections or Department of | ||||||
4 | Juvenile Justice personnel. | ||||||
5 | Prior to the expiration of the 90-day period of the | ||||||
6 | limited-term Illinois Identification Card, if the released | ||||||
7 | person submits to the Secretary of State a certified copy of | ||||||
8 | his or her birth certificate and his or her social security | ||||||
9 | card or other documents authorized by the Secretary, a standard | ||||||
10 | Illinois Identification Card shall be issued. A limited-term | ||||||
11 | Illinois Identification Card may not be renewed. | ||||||
12 | (b) The Secretary of State shall issue a special Illinois
| ||||||
13 | Identification Card, which shall be known as an Illinois Person | ||||||
14 | with a Disability
Identification Card, to any natural person | ||||||
15 | who is a resident of the State
of Illinois, who is a person | ||||||
16 | with a disability as defined in Section 4A of this Act,
who | ||||||
17 | applies for such card, or renewal thereof. No Illinois Person | ||||||
18 | with a Disability Identification Card shall be issued to any | ||||||
19 | person who
holds a valid
foreign state identification card, | ||||||
20 | license, or permit unless the person first
surrenders to the
| ||||||
21 | Secretary of State the valid foreign state identification card, | ||||||
22 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
23 | to issue such card. The card shall be prepared and
supplied by | ||||||
24 | the Secretary of State, and shall include a photograph and | ||||||
25 | signature or mark of the
applicant, a designation indicating | ||||||
26 | that the card is an Illinois
Person with a Disability |
| |||||||
| |||||||
1 | Identification Card, and shall include a comprehensible | ||||||
2 | designation
of the type and classification of the applicant's | ||||||
3 | disability as set out in
Section 4A of this Act. However, the | ||||||
4 | Secretary of State may provide by rule for the issuance of | ||||||
5 | Illinois Person with a Disability Identification Cards without | ||||||
6 | photographs if the applicant has a bona fide religious | ||||||
7 | objection to being photographed or to the display of his or her | ||||||
8 | photograph. If the applicant so requests, the card shall
| ||||||
9 | include a description of the applicant's disability and any | ||||||
10 | information
about the applicant's disability or medical | ||||||
11 | history which the Secretary
determines would be helpful to the | ||||||
12 | applicant in securing emergency medical
care. If a mark is used | ||||||
13 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
14 | in the presence of two witnesses who attest to
the authenticity | ||||||
15 | of the mark. The Illinois
Person with a Disability | ||||||
16 | Identification Card may be used for identification purposes
in | ||||||
17 | any lawful situation by the person to whom it was issued.
| ||||||
18 | The Illinois Person with a Disability Identification Card | ||||||
19 | may be used as adequate
documentation of disability in lieu of | ||||||
20 | a physician's determination of
disability, a determination of | ||||||
21 | disability from a physician assistant, a determination of | ||||||
22 | disability from an advanced practice registered
nurse, or any
| ||||||
23 | other documentation
of disability whenever
any
State law
| ||||||
24 | requires that a person with a disability provide such | ||||||
25 | documentation of disability,
however an Illinois Person with a | ||||||
26 | Disability Identification Card shall not qualify
the |
| |||||||
| |||||||
1 | cardholder to participate in any program or to receive any | ||||||
2 | benefit
which is not available to all persons with like | ||||||
3 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
4 | Illinois Person with a Disability
Identification Card, or | ||||||
5 | evidence that the Secretary of State has issued an
Illinois | ||||||
6 | Person with a Disability Identification Card, shall not be used | ||||||
7 | by any
person other than the person named on such card to prove | ||||||
8 | that the person
named on such card is a person with a | ||||||
9 | disability or for any other purpose unless the
card is used for | ||||||
10 | the benefit of the person named on such card, and the
person | ||||||
11 | named on such card consents to such use at the time the card is | ||||||
12 | so used.
| ||||||
13 | An optometrist's determination of a visual disability | ||||||
14 | under Section 4A of this Act is acceptable as documentation for | ||||||
15 | the purpose of issuing an Illinois Person with a Disability | ||||||
16 | Identification Card. | ||||||
17 | When medical information is contained on an Illinois Person | ||||||
18 | with a Disability
Identification Card, the Office of the | ||||||
19 | Secretary of State shall not be
liable for any actions taken | ||||||
20 | based upon that medical information.
| ||||||
21 | (c) The Secretary of State shall provide
that each original | ||||||
22 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
23 | a Disability Identification Card issued to a person under the | ||||||
24 | age of 21
shall be of a distinct nature from those Illinois | ||||||
25 | Identification Cards or
Illinois Person with a Disability | ||||||
26 | Identification Cards issued to individuals 21
years of age or |
| |||||||
| |||||||
1 | older. The color designated for Illinois Identification
Cards | ||||||
2 | or Illinois Person with a Disability Identification Cards for | ||||||
3 | persons under
the age of 21 shall be at the discretion of the | ||||||
4 | Secretary of State.
| ||||||
5 | (c-1) Each original or renewal Illinois
Identification | ||||||
6 | Card or Illinois Person with a Disability Identification Card | ||||||
7 | issued to
a person under the age of 21 shall display the date | ||||||
8 | upon which the person
becomes 18 years of age and the date upon | ||||||
9 | which the person becomes 21 years of
age.
| ||||||
10 | (c-3) The General Assembly recognizes the need to identify | ||||||
11 | military veterans living in this State for the purpose of | ||||||
12 | ensuring that they receive all of the services and benefits to | ||||||
13 | which they are legally entitled, including healthcare, | ||||||
14 | education assistance, and job placement. To assist the State in | ||||||
15 | identifying these veterans and delivering these vital services | ||||||
16 | and benefits, the Secretary of State is authorized to issue | ||||||
17 | Illinois Identification Cards and Illinois Person with a | ||||||
18 | Disability Identification Cards with the word "veteran" | ||||||
19 | appearing on the face of the cards. This authorization is | ||||||
20 | predicated on the unique status of veterans. The Secretary may | ||||||
21 | not issue any other identification card which identifies an | ||||||
22 | occupation, status, affiliation, hobby, or other unique | ||||||
23 | characteristics of the identification card holder which is | ||||||
24 | unrelated to the purpose of the identification card.
| ||||||
25 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
26 | State shall designate a space on each original or renewal |
| |||||||
| |||||||
1 | identification card where, at the request of the applicant, the | ||||||
2 | word "veteran" shall be placed. The veteran designation shall | ||||||
3 | be available to a person identified as a veteran under | ||||||
4 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
5 | separated under honorable conditions. | ||||||
6 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
7 | discount card, to any natural person who is a resident of the | ||||||
8 | State of
Illinois who is 60 years of age or older and who | ||||||
9 | applies for such a card or
renewal thereof. The Secretary of | ||||||
10 | State shall charge no fee to issue such
card. The card shall be | ||||||
11 | issued in every county and applications shall be
made available | ||||||
12 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
13 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
14 | card and prior to its use for any purpose, shall have affixed | ||||||
15 | thereon in
the space provided therefor his signature or mark.
| ||||||
16 | (e) The Secretary of State, in his or her discretion, may | ||||||
17 | designate on each Illinois
Identification Card or Illinois | ||||||
18 | Person with a Disability Identification Card a space where the | ||||||
19 | card holder may place a sticker or decal, issued by the | ||||||
20 | Secretary of State, of uniform size as the Secretary may | ||||||
21 | specify, that shall indicate in appropriate language that the | ||||||
22 | card holder has renewed his or her Illinois
Identification Card | ||||||
23 | or Illinois Person with a Disability Identification Card. | ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||
25 | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | ||||||
26 | 100-513, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | Section 15. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 3-14-1 as follows:
| ||||||
3 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
4 | Sec. 3-14-1. Release from the institution.
| ||||||
5 | (a) Upon release of a person on parole, mandatory release, | ||||||
6 | final
discharge or pardon the Department shall return all | ||||||
7 | property held for
him, provide him with suitable clothing and | ||||||
8 | procure necessary
transportation for him to his designated | ||||||
9 | place of residence and
employment. It may provide such person | ||||||
10 | with a grant of money for travel and
expenses which may be paid | ||||||
11 | in installments. The amount of the money grant
shall be | ||||||
12 | determined by the Department.
| ||||||
13 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
14 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
15 | from the Department, provide him or her with any documents | ||||||
16 | necessary after discharge. | ||||||
17 | (a-2) The Department of Corrections may establish and | ||||||
18 | maintain, in any institution
it administers, revolving funds to | ||||||
19 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
20 | revolving funds shall be used for advancing travel and expense
| ||||||
21 | allowances to committed, paroled, and discharged prisoners. | ||||||
22 | The moneys
paid into such revolving funds shall be from | ||||||
23 | appropriations to the Department
for Committed, Paroled, and | ||||||
24 | Discharged Prisoners.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) Except as otherwise provided in this Code, the | ||||||
3 | Department shall
establish procedures to provide written | ||||||
4 | notification of any release of any
person who has been | ||||||
5 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
6 | the county from which the offender was committed, and the
| ||||||
7 | State's Attorney and sheriff of the county into which the | ||||||
8 | offender is to be
paroled or released. Except as otherwise | ||||||
9 | provided in this Code, the
Department shall establish | ||||||
10 | procedures to provide written notification to
the proper law | ||||||
11 | enforcement agency for any municipality of any release of any
| ||||||
12 | person who has been convicted of a felony if the arrest of the | ||||||
13 | offender or the
commission of the offense took place in the | ||||||
14 | municipality, if the offender is to
be paroled or released into | ||||||
15 | the municipality, or if the offender resided in the
| ||||||
16 | municipality at the time of the commission of the offense. If a | ||||||
17 | person
convicted of a felony who is in the custody of the | ||||||
18 | Department of Corrections or
on parole or mandatory supervised | ||||||
19 | release informs the Department that he or she
has resided, | ||||||
20 | resides, or will
reside at an address that is a housing | ||||||
21 | facility owned, managed,
operated, or leased by a public | ||||||
22 | housing agency, the Department must send
written notification | ||||||
23 | of that information to the public housing agency that
owns, | ||||||
24 | manages, operates, or leases the housing facility. The written
| ||||||
25 | notification shall, when possible, be given at least 14 days | ||||||
26 | before release of
the person from custody, or as soon |
| |||||||
| |||||||
1 | thereafter as possible. The written notification shall be | ||||||
2 | provided electronically if the State's Attorney, sheriff, | ||||||
3 | proper law enforcement agency, or public housing agency has | ||||||
4 | provided the Department with an accurate and up to date email | ||||||
5 | address.
| ||||||
6 | (c-1) (Blank). | ||||||
7 | (c-2) The Department shall establish procedures to provide | ||||||
8 | notice to the Department of State Police of the release or | ||||||
9 | discharge of persons convicted of violations of the | ||||||
10 | Methamphetamine Control and Community
Protection Act or a | ||||||
11 | violation of the Methamphetamine Precursor Control Act. The | ||||||
12 | Department of State Police shall make this information | ||||||
13 | available to local, State, or federal law enforcement agencies | ||||||
14 | upon request. | ||||||
15 | (c-5) If a person on parole or mandatory supervised release | ||||||
16 | becomes a resident of a facility licensed or regulated by the | ||||||
17 | Department of Public Health, the Illinois Department of Public | ||||||
18 | Aid, or the Illinois Department of Human Services, the | ||||||
19 | Department of Corrections shall provide copies of the following | ||||||
20 | information to the appropriate licensing or regulating | ||||||
21 | Department and the licensed or regulated facility where the | ||||||
22 | person 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. |
| |||||||
| |||||||
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 | ||||||
11 | person becoming a resident of the facility.
| ||||||
12 | (c-10) If a person on parole or mandatory supervised | ||||||
13 | release becomes a resident of a facility licensed or regulated | ||||||
14 | by the Department of Public Health, the Illinois Department of | ||||||
15 | Public Aid, or the Illinois Department of Human Services, the | ||||||
16 | Department of Corrections shall provide written notification | ||||||
17 | of 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 | ||||||
22 | person becoming a resident of the facility.
| ||||||
23 | (d) Upon the release of a committed person on parole, | ||||||
24 | mandatory
supervised release, final discharge or pardon, the | ||||||
25 | Department shall provide
such person with information | ||||||
26 | concerning programs and services of the
Illinois Department of |
| |||||||
| |||||||
1 | Public Health to ascertain whether such person has
been exposed | ||||||
2 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
3 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
4 | (e) Upon the release of a committed person on parole, | ||||||
5 | mandatory supervised
release, final discharge, pardon, or who | ||||||
6 | has been wrongfully imprisoned, the Department shall verify the | ||||||
7 | released person's full name, date of birth, and social security | ||||||
8 | number. If verification is made by the Department by obtaining | ||||||
9 | a certified copy of the released person's birth certificate and | ||||||
10 | the released person's social security card or other documents | ||||||
11 | authorized by the Secretary, the Department shall provide the | ||||||
12 | birth certificate and social security card or other documents | ||||||
13 | authorized by the Secretary to the released person. If | ||||||
14 | verification by the Department is done by means other than | ||||||
15 | obtaining a certified copy of the released person's birth | ||||||
16 | certificate and the released person's social security card or | ||||||
17 | other documents authorized by the Secretary, the Department | ||||||
18 | shall complete a verification form, prescribed by the Secretary | ||||||
19 | of State, and shall provide that verification form to the | ||||||
20 | released person.
| ||||||
21 | (e-5) Upon the release of a committed person on parole, | ||||||
22 | mandatory supervised release, final discharge, pardon, or | ||||||
23 | wrongful imprisonment, the Department shall provide such | ||||||
24 | person with information concerning voter registration, | ||||||
25 | including, but not limited to, eligibility of such person for | ||||||
26 | automatic voter registration under the provisions of Sections |
| |||||||
| |||||||
1 | 1A-16.1 and 1A-16.2 of the Election Code. | ||||||
2 | Additionally, upon release of a committed person under this | ||||||
3 | Section, the Department shall be considered a "designated | ||||||
4 | government agency" and a "designated automatic voter | ||||||
5 | registration agency", as those terms are used under Sections | ||||||
6 | 1A-16.2 and 1A-16.6, for the purpose of registering released | ||||||
7 | persons to vote under the provisions of those Sections. | ||||||
8 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
9 | person committed to the custody of the Department of | ||||||
10 | Corrections, the Department shall give the person who is | ||||||
11 | otherwise uninsured an opportunity to apply for health care | ||||||
12 | coverage including medical assistance under Article V of the | ||||||
13 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
14 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
15 | Department of Corrections shall provide assistance with | ||||||
16 | completion of the application for health care coverage | ||||||
17 | including medical assistance. The Department may adopt rules to | ||||||
18 | implement this Section. | ||||||
19 | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | ||||||
20 | 99-907, eff. 7-1-17 .)
|