Bill Text: IL SB0225 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Enrolled) 2021-06-29 - Sent to the Governor [SB0225 Detail]

Download: Illinois-2021-SB0225-Enrolled.html



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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 11 as follows:
6 (15 ILCS 335/11) (from Ch. 124, par. 31)
7 Sec. 11. Records.
8 (a) The Secretary may make a search of his records and
9furnish information as to whether a person has a current
10Standard Illinois Identification Card or an Illinois Person
11with a Disability Identification Card then on file, upon
12receipt of a written application therefor accompanied with the
13prescribed fee. However, the Secretary may not disclose
14medical information concerning an individual to any person,
15public agency, private agency, corporation or governmental
16body unless the individual has submitted a written request for
17the information or unless the individual has given prior
18written consent for the release of the information to a
19specific person or entity. This exception shall not apply to:
20(1) offices and employees of the Secretary who have a need to
21know the medical information in performance of their official
22duties, or (2) orders of a court of competent jurisdiction.
23When medical information is disclosed by the Secretary in

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1accordance with the provisions of this Section, no liability
2shall rest with the Office of the Secretary of State as the
3information is released for informational purposes only.
4 (b) Except as otherwise provided in this Section, the The
5Secretary may release personally identifying information only
6to:
7 (1) officers and employees of the Secretary who have a
8 need to know that information for issuance of driver's
9 licenses, permits, or identification cards and
10 investigation of fraud or misconduct;
11 (2) other governmental agencies for use in their
12 official governmental functions;
13 (3) law enforcement agencies for a criminal or civil
14 investigation;
15 (3-5) the State Board of Elections as may be required
16 by an agreement the State Board of Elections has entered
17 into with a multi-state voter registration list
18 maintenance system; or
19 (4) any entity that the Secretary has authorized, by
20 rule.
21 (c) Except as otherwise provided in this Section, the The
22Secretary may release highly restricted personal information
23only to:
24 (1) officers and employees of the Secretary who have a
25 need to access the information for the issuance of
26 driver's licenses, permits, or identification cards and

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1 investigation of fraud or misconduct;
2 (2) law enforcement officials for a criminal or civil
3 law enforcement investigation;
4 (3) the State Board of Elections for the purpose of
5 providing the signature for completion of voter
6 registration; or
7 (4) any other entity the Secretary has authorized by
8 rule.
9 (d) Documents required to be submitted with an application
10for an identification card to prove the applicant's identity
11(name and date of birth), social security number, written
12signature, residency, and, as applicable, proof of lawful
13status shall be confidential and shall not be disclosed except
14to the following persons:
15 (1) the individual to whom the identification card was
16 issued, upon written request;
17 (2) officers and employees of the Secretary of State
18 who have a need to have access to the stored images for
19 purposes of issuing and controlling driver's licenses,
20 permits, or identification cards and investigation of
21 fraud or misconduct;
22 (3) law enforcement officials for a civil or criminal
23 law enforcement investigation;
24 (4) other entities that the Secretary may authorize by
25 rule.
26 (e) The Secretary may not disclose an individual's social

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1security number or any associated information obtained from
2the Social Security Administration without the written request
3or consent of the individual except: (i) to officers and
4employees of the Secretary who have a need to know the social
5security number in the performance of their official duties;
6(ii) to law enforcement officials for a civil or criminal law
7enforcement investigation if an officer of the law enforcement
8agency has made a written request to the Secretary specifying
9the law enforcement investigation for which the social
10security number is being sought; (iii) under a lawful court
11order signed by a judge; (iv) to the Illinois Department of
12Veterans' Affairs for the purpose of confirming veteran status
13to agencies in other states responsible for the issuance of
14state identification cards for participation in State-to-State
15verification service; or (v) the last 4 digits to the Illinois
16State Board of Elections for purposes of voter registration
17and as may be required pursuant to an agreement for a
18multi-state voter registration list maintenance system. The
19Secretary retains the right to require additional verification
20regarding the validity of a request from law enforcement. If
21social security information is disclosed by the Secretary in
22accordance with this Section, no liability shall rest with the
23Office of the Secretary of State or any of its officers or
24employees, as the information is released for official
25purposes only.
26 (f) The Secretary of State shall not provide facial

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1recognition search services or photographs obtained in the
2process of issuing an identification card to any federal,
3State, or local law enforcement agency or other governmental
4entity for the purpose of enforcing federal immigration laws.
5This subsection shall not apply to requests from federal,
6State, or local law enforcement agencies or other governmental
7entities for facial recognition search services or photographs
8obtained in the process of issuing a driver's license or
9permit when the purpose of the request relates to criminal
10activity other than violations of immigration laws.
11(Source: P.A. 101-326, eff. 8-9-19.)
12 Section 10. The Illinois Vehicle Code is amended by
13changing Section 6-110.1 as follows:
14 (625 ILCS 5/6-110.1)
15 Sec. 6-110.1. Confidentiality of captured photographs or
16images.
17 (a) The Secretary of State shall maintain a file on or
18contract to file all photographs and signatures obtained in
19the process of issuing a driver's license, permit, or
20identification card. Except as otherwise provided in this
21Section, the The photographs and signatures shall be
22confidential and shall not be disclosed except to the
23following persons:
24 (1) the individual upon written request;

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1 (2) officers and employees of the Secretary of State
2 who have a need to have access to the stored images for
3 purposes of issuing and controlling driver's licenses,
4 permits, or identification cards and investigation of
5 fraud or misconduct;
6 (3) law enforcement officials for a civil or criminal
7 law enforcement investigation;
8 (3-5) the State Board of Elections for the sole
9 purpose of providing the signatures required by a local
10 election authority to register a voter through an online
11 voter registration system;
12 (3-10) officers and employees of the Secretary of
13 State who have a need to have access to the stored images
14 for purposes of issuing and controlling notary public
15 commissions and for the purpose of providing the
16 signatures required to process online applications for
17 appointment and commission as notaries public; or
18 (4) other entities that the Secretary may authorize by
19 rule.
20 (b) The Secretary of State shall not provide facial
21recognition search services or photographs obtained in the
22process of issuing a driver's license or permit to any
23federal, State, or local law enforcement agency or other
24governmental entity for the purpose of enforcing federal
25immigration laws. This subsection shall not apply to requests
26from federal, State, or local law enforcement agencies or

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1other governmental entities for facial recognition search
2services or photographs obtained in the process of issuing a
3driver's license or permit when the purpose of the request
4relates to criminal activity other than violations of
5immigration laws.
6(Source: P.A. 101-326, eff. 8-9-19.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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