Bill Text: IL SB0225 | 2021-2022 | 102nd General Assembly | Engrossed
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning State government.
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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 Illinois Identification Card Act is amended | ||||||
5 | by changing Section 11 as follows:
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6 | (15 ILCS 335/11) (from Ch. 124, par. 31)
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7 | Sec. 11. Records. | ||||||
8 | (a) The Secretary may make a search of his records and | ||||||
9 | furnish
information as to whether a person has a current | ||||||
10 | Standard Illinois
Identification Card or an Illinois Person | ||||||
11 | with a Disability Identification Card then on
file, upon | ||||||
12 | receipt of a written application therefor accompanied with the
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13 | prescribed fee. However, the Secretary may not disclose | ||||||
14 | medical
information concerning an individual to any person, | ||||||
15 | public agency, private
agency, corporation or governmental | ||||||
16 | body unless the individual has
submitted a written request for | ||||||
17 | the information or unless the individual
has given prior | ||||||
18 | written consent for the release of the information to a
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19 | specific person or entity. This exception shall not apply to: | ||||||
20 | (1) offices
and employees of the Secretary who have a need to | ||||||
21 | know the medical
information in performance of their official | ||||||
22 | duties, or (2) orders of a
court of competent jurisdiction. | ||||||
23 | When medical information is disclosed by
the Secretary in |
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1 | accordance with the provisions of this Section, no
liability | ||||||
2 | shall rest with the Office of the Secretary of State as the
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3 | information is released for informational purposes only. | ||||||
4 | (b) Except as otherwise provided in this Section, the The | ||||||
5 | Secretary may release personally identifying information only | ||||||
6 | to: | ||||||
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 | ||||||
22 | Secretary may release highly restricted personal information | ||||||
23 | only 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 | ||||||
10 | for an identification card to prove the applicant's identity | ||||||
11 | (name and date of birth), social security number, written | ||||||
12 | signature, residency, and, as applicable, proof of lawful | ||||||
13 | status shall be confidential and shall not be disclosed except | ||||||
14 | to 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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1 | security number or any associated information obtained from | ||||||
2 | the Social Security Administration without the written request | ||||||
3 | or consent of the individual except: (i) to officers and | ||||||
4 | employees of the Secretary who have a need to know the social | ||||||
5 | security number in the performance of their official duties; | ||||||
6 | (ii) to law enforcement officials for a civil or criminal law | ||||||
7 | enforcement investigation if an officer of the law enforcement | ||||||
8 | agency has made a written request to the Secretary specifying | ||||||
9 | the law enforcement investigation for which the social | ||||||
10 | security number is being sought; (iii) under a lawful court | ||||||
11 | order signed by a judge; (iv) to the Illinois Department of | ||||||
12 | Veterans' Affairs for the purpose of confirming veteran status | ||||||
13 | to agencies in other states responsible for the issuance of | ||||||
14 | state identification cards for participation in State-to-State | ||||||
15 | verification service; or (v) the last 4 digits to the Illinois | ||||||
16 | State Board of Elections for purposes of voter registration | ||||||
17 | and as may be required pursuant to an agreement for a | ||||||
18 | multi-state voter registration list maintenance system. The | ||||||
19 | Secretary retains the right to require additional verification | ||||||
20 | regarding the validity of a request from law enforcement. If | ||||||
21 | social security information is disclosed by the Secretary in | ||||||
22 | accordance with this Section, no liability shall rest with the | ||||||
23 | Office of the Secretary of State or any of its officers or | ||||||
24 | employees, as the information is released for official | ||||||
25 | purposes only.
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26 | (f) The Secretary of State shall not provide facial |
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1 | recognition search services or photographs obtained in the | ||||||
2 | process of issuing an identification card to any federal, | ||||||
3 | State, or local law enforcement agency or other governmental | ||||||
4 | entity for the purpose of enforcing federal immigration laws. | ||||||
5 | (Source: P.A. 101-326, eff. 8-9-19.)
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6 | Section 10. The Illinois Vehicle Code is amended by | ||||||
7 | changing Section 6-110.1 as follows:
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8 | (625 ILCS 5/6-110.1)
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9 | Sec. 6-110.1. Confidentiality of captured photographs or | ||||||
10 | images. | ||||||
11 | (a) The
Secretary of State shall maintain a file on or | ||||||
12 | contract to file all photographs
and signatures obtained in | ||||||
13 | the process of issuing a driver's license, permit,
or | ||||||
14 | identification card. Except as otherwise provided in this | ||||||
15 | Section, the The photographs and signatures shall be | ||||||
16 | confidential
and shall not be disclosed except to the | ||||||
17 | following persons:
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18 | (1) the individual upon written request;
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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;
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24 | (3) law enforcement officials for a civil or criminal
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1 | law enforcement investigation;
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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.
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14 | (b) The Secretary of State shall not provide facial | ||||||
15 | recognition search services or photographs obtained in the | ||||||
16 | process of issuing a driver's license or permit to any | ||||||
17 | federal, State, or local law enforcement agency or other | ||||||
18 | governmental entity for the purpose of enforcing federal | ||||||
19 | immigration laws. | ||||||
20 | (Source: P.A. 101-326, eff. 8-9-19.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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