|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning State identification cards.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Illinois Identification Card Act is amended | ||||||||||||||||||||||||||
5 | by 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 | ||||||||||||||||||||||||||
9 | Identification Card to any natural person who is a resident
of | ||||||||||||||||||||||||||
10 | the State of Illinois who applies for such card, or renewal | ||||||||||||||||||||||||||
11 | thereof,
or who applies for a standard Illinois Identification | ||||||||||||||||||||||||||
12 | Card upon release as a
committed person on parole, mandatory | ||||||||||||||||||||||||||
13 | supervised release, final discharge, or
pardon from the | ||||||||||||||||||||||||||
14 | Department of Corrections by submitting an identification card
| ||||||||||||||||||||||||||
15 | issued by the Department of Corrections under Section 3-14-1 of | ||||||||||||||||||||||||||
16 | the Unified
Code of Corrections,
together with the prescribed | ||||||||||||||||||||||||||
17 | fees. No identification card shall be issued to any person who | ||||||||||||||||||||||||||
18 | holds a valid
foreign state
identification card, license, or | ||||||||||||||||||||||||||
19 | permit unless the person first surrenders to
the Secretary of
| ||||||||||||||||||||||||||
20 | State the valid foreign state identification card, license, or | ||||||||||||||||||||||||||
21 | permit. The card shall be prepared and
supplied by the | ||||||||||||||||||||||||||
22 | Secretary of State and shall include a photograph and signature | ||||||||||||||||||||||||||
23 | or mark of the
applicant. The Illinois Identification Card may |
| |||||||
| |||||||
1 | be used for
identification purposes in any lawful situation | ||||||
2 | only 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 | (b) The Secretary of State shall issue a special Illinois
| ||||||
9 | Identification Card, which shall be known as an Illinois | ||||||
10 | Disabled Person
Identification Card, to any natural person who | ||||||
11 | is a resident of the State
of Illinois, who is a disabled | ||||||
12 | person as defined in Section 4A of this Act,
who applies for | ||||||
13 | such card, or renewal thereof. No Disabled Person | ||||||
14 | Identification Card shall be issued to any person who
holds a | ||||||
15 | valid
foreign state identification card, license, or permit | ||||||
16 | unless the person first
surrenders to the
Secretary of State | ||||||
17 | the valid foreign state identification card, license, or
| ||||||
18 | permit. The Secretary of State
shall charge no fee to issue | ||||||
19 | such card. The card shall be prepared and
supplied by the | ||||||
20 | Secretary of State, and shall include a photograph and | ||||||
21 | signature or mark of the
applicant, a designation indicating | ||||||
22 | that the card is an Illinois Disabled
Person Identification | ||||||
23 | Card, and shall include a comprehensible designation
of the | ||||||
24 | type and classification of the applicant's disability as set | ||||||
25 | out in
Section 4A of this Act. If the applicant so requests, | ||||||
26 | the card shall
include a description of the applicant's |
| |||||||
| |||||||
1 | disability and any information
about the applicant's | ||||||
2 | disability or medical history which the Secretary
determines | ||||||
3 | would be helpful to the applicant in securing emergency medical
| ||||||
4 | care. If a mark is used in lieu of a signature, such mark
shall | ||||||
5 | be affixed to the card in the presence of two witnesses who | ||||||
6 | attest to
the authenticity of the mark. The Illinois
Disabled | ||||||
7 | Person Identification Card may be used for identification | ||||||
8 | purposes
in any lawful situation by the person to whom it was | ||||||
9 | issued.
| ||||||
10 | The Illinois Disabled Person Identification Card may be | ||||||
11 | used as adequate
documentation of disability in lieu of a | ||||||
12 | physician's determination of
disability, a determination of | ||||||
13 | disability from a physician assistant who has
been delegated | ||||||
14 | the authority to make this determination by his or her
| ||||||
15 | supervising physician, a determination of disability from an | ||||||
16 | advanced practice
nurse who has a written collaborative | ||||||
17 | agreement with a collaborating physician
that
authorizes the | ||||||
18 | advanced practice nurse to make this determination, or any
| ||||||
19 | other documentation
of disability whenever
any
State law
| ||||||
20 | requires that a disabled person provide such documentation of | ||||||
21 | disability,
however an Illinois Disabled Person Identification | ||||||
22 | Card shall not qualify
the cardholder to participate in any | ||||||
23 | program or to receive any benefit
which is not available to all | ||||||
24 | persons with like disabilities.
Notwithstanding any other | ||||||
25 | provisions of law, an Illinois Disabled Person
Identification | ||||||
26 | Card, or evidence that the Secretary of State has issued an
|
| |||||||
| |||||||
1 | Illinois Disabled Person Identification Card, shall not be used | ||||||
2 | by any
person other than the person named on such card to prove | ||||||
3 | that the person
named on such card is a disabled person or for | ||||||
4 | any other purpose unless the
card is used for the benefit of | ||||||
5 | the person named on such card, and the
person named on such | ||||||
6 | card consents to such use at the time the card is so used.
| ||||||
7 | An optometrist's determination of a visual disability | ||||||
8 | under Section 4A of this Act is acceptable as documentation for | ||||||
9 | the purpose of issuing an Illinois Disabled Person | ||||||
10 | Identification Card. | ||||||
11 | When medical information is contained on an Illinois | ||||||
12 | Disabled Person
Identification Card, the Office of the | ||||||
13 | Secretary of State shall not be
liable for any actions taken | ||||||
14 | based upon that medical information.
| ||||||
15 | (c) Beginning January 1, 1986, the Secretary of State shall | ||||||
16 | provide
that each original or renewal Illinois Identification | ||||||
17 | Card or Illinois
Disabled Person Identification Card issued to | ||||||
18 | a person under the age of 21,
shall be of a distinct nature | ||||||
19 | from those Illinois Identification Cards or
Illinois Disabled | ||||||
20 | Person Identification Cards issued to individuals 21
years of | ||||||
21 | age or older. The color designated for Illinois Identification
| ||||||
22 | Cards or Illinois Disabled Person Identification Cards for | ||||||
23 | persons under
the age of 21 shall be at the discretion of the | ||||||
24 | Secretary of State.
| ||||||
25 | (c-1) Beginning January 1, 2003, each original or renewal | ||||||
26 | Illinois
Identification Card or Illinois Disabled Person |
| |||||||
| |||||||
1 | Identification Card issued to
a person under the age of 21 | ||||||
2 | shall display the date upon which the person
becomes 18 years | ||||||
3 | of age and the date upon which the person becomes 21 years of
| ||||||
4 | age.
| ||||||
5 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
6 | discount card, to any natural person who is a resident of the | ||||||
7 | State of
Illinois who is 60 years of age or older and who | ||||||
8 | applies for such a card or
renewal thereof. The Secretary of | ||||||
9 | State shall charge no fee to issue such
card. The card shall be | ||||||
10 | issued in every county and applications shall be
made available | ||||||
11 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
12 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
13 | card and prior to its use for any purpose, shall have affixed | ||||||
14 | thereon in
the space provided therefor his signature or mark.
| ||||||
15 | (e) The Secretary of State, in his or her discretion, may | ||||||
16 | designate on each Illinois
Identification Card or Illinois | ||||||
17 | Disabled Person Identification Card a space where the card | ||||||
18 | holder may place a sticker or decal, issued by the Secretary of | ||||||
19 | State, of uniform size as the Secretary may specify, that shall | ||||||
20 | indicate in appropriate language that the card holder has | ||||||
21 | renewed his or her Illinois
Identification Card or Illinois | ||||||
22 | Disabled Person Identification Card. | ||||||
23 | (f) Upon the applicant's request, the Secretary of State | ||||||
24 | may issue a Illinois
Identification Card or Illinois Disabled | ||||||
25 | Person Identification Card to the applicant that does not | ||||||
26 | display the street portion of the applicant's residence |
| |||||||
| |||||||
1 | address. However, the Illinois
Identification Card or Illinois | ||||||
2 | Disabled Person Identification Card issued to the applicant | ||||||
3 | shall display, at a minimum, the applicant's city, state, and | ||||||
4 | zip code portion of the applicant's residence address. | ||||||
5 | (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146, | ||||||
6 | eff. 1-1-10; 96-328, eff. 8-11-09.)
| ||||||
7 | Section 10. The Illinois Vehicle Code is amended by | ||||||
8 | changing Section 6-110 as follows:
| ||||||
9 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| ||||||
10 | Sec. 6-110. Licenses issued to drivers.
| ||||||
11 | (a) The Secretary of State shall issue to every qualifying | ||||||
12 | applicant a
driver's license as applied for, which license | ||||||
13 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
14 | the legal name,
signature, zip
code, date of birth, residence | ||||||
15 | address, and a brief description of the
licensee.
Upon the | ||||||
16 | applicant's request, the Secretary of State may issue a | ||||||
17 | driver's license to the applicant that does not display the | ||||||
18 | street portion of the applicant's residence address. However, | ||||||
19 | the driver's license issued to the applicant shall display, at | ||||||
20 | a minimum, the applicant's city, state, and zip code portion of | ||||||
21 | the applicant's residence address.
| ||||||
22 | Licenses issued shall also indicate the classification and
| ||||||
23 | the restrictions under Section 6-104 of this Code.
| ||||||
24 | In lieu of the social security number, the Secretary may in |
| |||||||
| |||||||
1 | his
discretion substitute a federal tax number or other | ||||||
2 | distinctive number.
| ||||||
3 | A driver's license issued may, in the discretion of the | ||||||
4 | Secretary,
include a suitable photograph of a type prescribed | ||||||
5 | by the Secretary.
| ||||||
6 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
7 | one of the exceptions in subsection (a-2) apply, the license | ||||||
8 | shall, as a matter of law, be invalid for the operation of any | ||||||
9 | motor vehicle during the following times: | ||||||
10 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
11 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
12 | Sunday; and | ||||||
13 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
14 | inclusive, and 6:00 a.m. on the following day. | ||||||
15 | (a-2) The driver's license of a person under the age of 18 | ||||||
16 | shall not be invalid as described in subsection (a-1) of this | ||||||
17 | Section if the licensee under the age of 18 was: | ||||||
18 | (1) accompanied by the licensee's parent or guardian or | ||||||
19 | other person in custody or control of the minor; | ||||||
20 | (2) on an errand at the direction of the minor's parent | ||||||
21 | or guardian, without any detour or stop; | ||||||
22 | (3) in a motor vehicle involved in interstate travel; | ||||||
23 | (4) going to or returning home from an employment | ||||||
24 | activity, without any detour or stop; | ||||||
25 | (5) involved in an emergency; | ||||||
26 | (6) going to or returning home from, without any detour |
| |||||||
| |||||||
1 | or stop, an official school, religious, or other | ||||||
2 | recreational activity supervised by adults and sponsored | ||||||
3 | by a government or governmental agency, a civic | ||||||
4 | organization, or another similar entity that takes | ||||||
5 | responsibility for the licensee, without any detour or | ||||||
6 | stop; | ||||||
7 | (7) exercising First Amendment rights protected by the | ||||||
8 | United States Constitution, such as the free exercise of | ||||||
9 | religion, freedom of speech, and the right of assembly; or | ||||||
10 | (8) married or had been married or is an emancipated | ||||||
11 | minor under the Emancipation of Minors Act. | ||||||
12 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
13 | age and has been licensed for at least 12 months is not invalid | ||||||
14 | as described in subsection (a-1) of this Section while the | ||||||
15 | licensee is participating as an assigned driver in a Safe Rides | ||||||
16 | program that meets the following criteria: | ||||||
17 | (1) the program is sponsored by the Boy Scouts of | ||||||
18 | America or another national public service organization; | ||||||
19 | and | ||||||
20 | (2) the sponsoring organization carries liability | ||||||
21 | insurance covering the program. | ||||||
22 | (a-3) If a graduated driver's license holder over the age | ||||||
23 | of 18 committed an offense against traffic regulations | ||||||
24 | governing the movement of vehicles or any violation of Section | ||||||
25 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
26 | the graduated driver's license holder's 18th birthday, and was |
| |||||||
| |||||||
1 | subsequently convicted of the offense, the provisions of | ||||||
2 | subsection (a-1) shall continue to apply until such time as a | ||||||
3 | period of 6 consecutive months has elapsed without an | ||||||
4 | additional violation and subsequent conviction of an offense | ||||||
5 | against traffic regulations governing the movement of vehicles | ||||||
6 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
7 | (b) Until the Secretary of State establishes a First Person | ||||||
8 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
9 | this Code, the Secretary of State shall provide a format on the | ||||||
10 | reverse of
each driver's license issued which the licensee may | ||||||
11 | use to execute a document
of gift conforming to the provisions | ||||||
12 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
13 | licensee to indicate the gift intended, whether
specific | ||||||
14 | organs, any organ, or the entire body, and shall accommodate | ||||||
15 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
16 | shall also inform
each applicant or licensee of this format, | ||||||
17 | describe the procedure for its
execution, and may offer the | ||||||
18 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
19 | shall advise the applicant or licensee that he or she is
under | ||||||
20 | no compulsion to execute a document of gift. A brochure
| ||||||
21 | explaining this method of executing an anatomical gift document | ||||||
22 | shall be given
to each applicant or licensee. The brochure | ||||||
23 | shall advise the applicant or
licensee that he or she is under | ||||||
24 | no compulsion to execute a document of
gift, and that he or she | ||||||
25 | may wish to consult with family, friends or clergy
before doing | ||||||
26 | so. The Secretary of State may undertake additional efforts,
|
| |||||||
| |||||||
1 | including education and awareness activities, to promote organ | ||||||
2 | and tissue
donation.
| ||||||
3 | (c) The Secretary of State shall designate on each driver's | ||||||
4 | license issued
a space where the licensee may place a sticker | ||||||
5 | or decal of the uniform
size as the Secretary may specify, | ||||||
6 | which sticker or decal may indicate in
appropriate language | ||||||
7 | that the owner of the license carries an Emergency
Medical | ||||||
8 | Information Card.
| ||||||
9 | The sticker may be provided by any person, hospital, | ||||||
10 | school,
medical group, or association interested in assisting | ||||||
11 | in implementing
the Emergency Medical Information Card, but | ||||||
12 | shall meet the specifications
as the Secretary may by rule or | ||||||
13 | regulation require.
| ||||||
14 | (d) The Secretary of State shall designate on each driver's | ||||||
15 | license issued
a space where the licensee may indicate his | ||||||
16 | blood type and RH factor.
| ||||||
17 | (e) The Secretary of State shall provide
that each original | ||||||
18 | or renewal driver's license issued to a licensee under
21 years | ||||||
19 | of age shall be of a distinct nature from those driver's | ||||||
20 | licenses
issued to individuals 21 years of age and older. The | ||||||
21 | color designated for
driver's licenses for licensees under 21 | ||||||
22 | years of age shall be at the
discretion of the Secretary of | ||||||
23 | State.
| ||||||
24 | (e-1) The Secretary shall provide that each driver's | ||||||
25 | license issued to a
person under the age of 21 displays the | ||||||
26 | date upon which the person becomes 18
years of age and the date |
| |||||||
| |||||||
1 | upon which the person becomes 21 years of age.
| ||||||
2 | (f) The Secretary of State shall inform all Illinois | ||||||
3 | licensed
commercial motor vehicle operators of the | ||||||
4 | requirements of the Uniform
Commercial Driver License Act, | ||||||
5 | Article V of this Chapter, and shall make
provisions to insure | ||||||
6 | that all drivers, seeking to obtain a commercial
driver's | ||||||
7 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
8 | obtain the license. The Secretary is authorized to extend
| ||||||
9 | driver's license expiration dates, and assign specific times, | ||||||
10 | dates and
locations where these commercial driver's tests shall | ||||||
11 | be conducted. Any
applicant, regardless of the current | ||||||
12 | expiration date of the applicant's
driver's license, may be | ||||||
13 | subject to any assignment by the Secretary.
Failure to comply | ||||||
14 | with the Secretary's assignment may result in the
applicant's | ||||||
15 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
16 | license prior to April 1, 1992.
| ||||||
17 | (g) The Secretary of State shall designate on a
driver's | ||||||
18 | license issued, a space where the licensee may indicate that he | ||||||
19 | or
she has drafted a living will in accordance with the | ||||||
20 | Illinois Living Will
Act or a durable power of attorney for | ||||||
21 | health care in accordance with the
Illinois Power of Attorney | ||||||
22 | Act.
| ||||||
23 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
24 | designate on
each driver's license issued a space where the | ||||||
25 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
26 | of State, of uniform size as the Secretary may
specify, that |
| |||||||
| |||||||
1 | shall indicate in appropriate language that the owner of the
| ||||||
2 | license has renewed his or her driver's license.
| ||||||
3 | (h) A person who acts in good faith in accordance with the | ||||||
4 | terms of
this Section is not liable for damages in any civil | ||||||
5 | action or subject to
prosecution in any criminal proceeding for | ||||||
6 | his or her act.
| ||||||
7 | (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | ||||||
8 | 96-607, eff. 8-24-09.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|