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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0354 [SB0225 Detail]

Download: Illinois-2021-SB0225-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0225

Introduced 2/17/2021, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:
15 ILCS 335/11 from Ch. 124, par. 31
625 ILCS 5/6-110.1

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.
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A BILL FOR

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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.
5(Source: P.A. 101-326, eff. 8-9-19.)
6 Section 10. The Illinois Vehicle Code is amended by
7changing Section 6-110.1 as follows:
8 (625 ILCS 5/6-110.1)
9 Sec. 6-110.1. Confidentiality of captured photographs or
10images.
11 (a) The Secretary of State shall maintain a file on or
12contract to file all photographs and signatures obtained in
13the process of issuing a driver's license, permit, or
14identification card. Except as otherwise provided in this
15Section, the The photographs and signatures shall be
16confidential and shall not be disclosed except to the
17following persons:
18 (1) the individual upon written request;
19 (2) officers and employees of the Secretary of State
20 who have a need to have access to the stored images for
21 purposes of issuing and controlling driver's licenses,
22 permits, or identification cards and investigation of
23 fraud or misconduct;
24 (3) law enforcement officials for a civil or criminal

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1 law enforcement investigation;
2 (3-5) the State Board of Elections for the sole
3 purpose of providing the signatures required by a local
4 election authority to register a voter through an online
5 voter registration system;
6 (3-10) officers and employees of the Secretary of
7 State who have a need to have access to the stored images
8 for purposes of issuing and controlling notary public
9 commissions and for the purpose of providing the
10 signatures required to process online applications for
11 appointment and commission as notaries public; or
12 (4) other entities that the Secretary may authorize by
13 rule.
14 (b) The Secretary of State shall not provide facial
15recognition search services or photographs obtained in the
16process of issuing a driver's license or permit to any
17federal, State, or local law enforcement agency or other
18governmental entity for the purpose of enforcing federal
19immigration laws.
20(Source: P.A. 101-326, eff. 8-9-19.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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