Bill Text: IL SB1788 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Creates the State's Attorney Privacy Act. Prohibits a person, business, association, or government agency from publicly posting or displaying the personal information of a State's Attorney after the State's Attorney has made a written request to not post or display the personal information. Allows for injunctive or declaratory relief. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a State's Attorney's personal information with the intent to pose an imminent and serious threat to the health and safety of the State's Attorney or the State's Attorney's immediate family. Makes it a Class 3 felony to knowingly post personal information of a State's Attorney or the State's Attorney's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the State's Attorney or his or her immediate family, and the posting is a proximate cause of bodily injury or death of the State's Attorney or a member of his or her immediate family. Provides an exemption from the felony offense for employees of a government agency acting in good faith, while carrying out a public function. Makes corresponding changes in the Freedom of Information Act, the Election Code, the Illinois Identification Card Act, and the Illinois Vehicle Code. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1788 Detail]

Download: Illinois-2015-SB1788-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1788 Introduced 2/20/2015, by Sen. Darin M. LaHood SYNOPSIS AS INTRODUCED:
See Index
Creates the State's Attorney Privacy Act. Prohibits a person, business, association, or government agency from publicly posting or displaying the personal information of a State's Attorney after the State's Attorney has made a written request to not post or display the personal information. Allows for injunctive or declaratory relief. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a State's Attorney's personal information with the intent to pose an imminent and serious threat to the health and safety of the State's Attorney or the State's Attorney's immediate family. Makes it a Class 3 felony to knowingly post personal information of a State's Attorney or the State's Attorney's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the State's Attorney or his or her immediate family, and the posting is a proximate cause of bodily injury or death of the State's Attorney or a member of his or her immediate family. Provides an exemption from the felony offense for employees of a government agency acting in good faith, while carrying out a public function. Makes corresponding changes in the Freedom of Information Act, the Election Code, the Illinois Identification Card Act, and the Illinois Vehicle Code. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State's Attorneys.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE I. GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
State's Attorney Privacy Act.
Section 1-5. Purpose. The purpose of this Act is to improve
the safety and security of Illinois State's Attorneys to ensure
they are able to administer justice fairly without fear of
personal reprisal from individuals affected by the decisions
they make in the course of carrying out their public function.
This Act is not intended to restrain a State's Attorney
from independently making public his or her own personal
information. Additionally, no government agency, person,
business, or association has any obligation under this Act to
protect the privacy of a State's Attorney's personal
information until the State's Attorney makes a written request
that his or her personal information not be publicly posted.
Section 1-10. Definitions. As used in this Act:
"Government agency" includes all agencies, authorities,
boards, commissions, departments, institutions, offices, and

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any other bodies politic and corporate of the State created by
the constitution or statute, whether in the executive,
judicial, or legislative branch; all units and corporate
outgrowths created by executive order of the Governor or any
constitutional officer, by the Supreme Court, or by resolution
of the General Assembly; or agencies, authorities, boards,
commissions, departments, institutions, offices, and any other
bodies politic and corporate of a unit of local government or
school district.
"Home address" includes a State's Attorney's permanent
residence and any secondary residences affirmatively
identified by the State's Attorney, but does not include a
State's Attorney's work address.
"Immediate family" includes a State's Attorney's spouse,
child, parent, or any blood relative of the State's Attorney or
the State's Attorney's spouse who lives in the same residence.
"State's Attorney" has the meaning ascribed to it under
Division 3-9 of the Counties Code.
"Personal information" means a home address, home
telephone number, mobile telephone number, pager number,
personal email address, social security number, federal tax
identification number, checking and savings account numbers,
credit card numbers, marital status, and identity of children
under the age of 18.
"Publicly available content" means any written, printed,
or electronic document or record that provides information or

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that serves as a document or record maintained, controlled, or
in the possession of a government agency that may be obtained
by any person or entity, from the Internet, from the government
agency upon request either free of charge or for a fee, or in
response to a request under the Freedom of Information Act.
"Publicly post" or "publicly display" means to communicate
to another or otherwise make available to the general public.
"Written request" means written notice signed by a State's
Attorney or a representative of the State's Attorney's employer
requesting a government agency, person, business, or
association to refrain from posting or displaying publicly
available content that includes the State's Attorney's
personal information.
ARTICLE II. CIVIL PROVISIONS
Section 2-1. Publicly posting or displaying a State's
Attorney's personal information by government agencies.
(a) A government agency shall not publicly post or display
publicly available content that includes a State's Attorney's
personal information if it has received a written request in
accordance with Section 2-10 of this Act that it refrain from
disclosing the State's Attorney's personal information. After
a government agency has received a written request, that agency
shall remove the State's Attorney's personal information from
publicly available content within 5 business days. After the

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government agency has removed the State's Attorney's personal
information from publicly available content, the agency shall
not publicly post or display the information and the State's
Attorney's personal information shall be exempt from the
Freedom of Information Act unless the government agency has
received consent from the State's Attorney to make the personal
information available to the public.
(b) If a government agency fails to comply with a written
request to refrain from disclosing personal information, the
State's Attorney may bring an action seeking injunctive or
declaratory relief in any court of competent jurisdiction.
Section 2-5. Publicly posting a State's Attorney's
personal information on the Internet by persons, businesses,
and associations.
(a) Prohibited Conduct.
(1) No person, business, or associations shall
publicly post or display on the Internet publicly available
content that includes a State's Attorney's personal
information if the State's Attorney has made a written
request to the person, business, or association that it
refrain from disclosing the personal information.
(2) No person, business, or association shall solicit,
sell, or trade on the Internet a State's Attorney's
personal information with the intent to pose an imminent
and serious threat to the health and safety of the State's

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Attorney or the State's Attorney's immediate family.
(3) After receiving a State's Attorney's written
request, no person, business, or association shall
transfer the State's Attorney's personal information to
any other person, business, or association through any
medium.
(b) Required Conduct.
(1) After a person, business, or association has
received a written request from a State's Attorney to
protect the privacy of the State's Attorney's personal
information, that person, business, or association shall
remove the personal information from the Internet within 72
hours.
(2) After a person, business, or association has
received a written request from a State's Attorney, that
person, business, or association shall ensure that the
State's Attorney's personal information is not made
available on any website or subsidiary website controlled
by that person, business, or association.
(c) A State's Attorney whose personal information is made
public as a result of a violation of this Act may bring an
action seeking injunctive or declaratory relief in any court of
competent jurisdiction. If the court grants injunctive or
declaratory relief, the person, business, or association
responsible for the violation shall be required to pay the
State's Attorney's costs and reasonable attorney's fees.

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(d) As used in this Section, "Internet" includes, but is
not limited to, Internet phone directories, Internet search
engines, Internet data aggregators, and Internet service
providers.
Section 2-10. Procedure for completing a written request.
(a) This Act does not apply to a government agency, person,
business, or association if the State's Attorney fails to
submit a written request for the protection of the State's
Attorney's personal information.
(b) A written request under this Section is valid if the
State's Attorney sends a written request directly to a
government agency, person, business, or association.
(c) A representative from the State's Attorney's employer
may submit a written request on the State's Attorney's behalf,
provided that the State's Attorney gives written consent to the
representative and provided that the representative agrees to
furnish a copy of that consent when a written request is made.
The representative shall submit the written request as provided
in subsection (b) of this Section.
(d) A State's Attorney's written request shall specify what
personal information shall be protected. If a State's Attorney
wishes to identify a secondary residence as a home address, as
that term is defined in Section 1-10 of this Act, the
designation shall be made in the written request. A State's
Attorney shall disclose the identity of the State's Attorney's

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immediate family and indicate that the personal information of
these family members shall also be excluded to the extent that
it could reasonably be expected to reveal the personal
information of the State's Attorney.
(e) A State's Attorney's written request is valid until the
State's Attorney provides the government agency, person,
business, or association with written permission to release the
private information. A State's Attorney's written request
expires on death.
ARTICLE III. CRIMINAL PROVISIONS
Section 3-1. Unlawful publication of personal information.
A person shall not knowingly publicly post on the Internet the
personal information of a State's Attorney or of the State's
Attorney's immediate family if the person knows or reasonably
should know that publicly posting the personal information
poses an imminent and serious threat to the health and safety
of the State's Attorney or the State's Attorney's immediate
family. A person who violates this Section, and the violation
is a proximate cause of bodily injury or death of the State's
Attorney or a member of the State's Attorney's immediate
family, is guilty of a Class 3 felony.
Section 3-5. Exception. If an employee of a government
agency has complied with the conditions set forth in Article II

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of this Act, it is not a violation of Section 3-1 if an
employee of a government agency publishes personal
information, in good faith, on the website of the government
agency in the ordinary course of carrying out public functions.
ARTICLE IV. MISCELLANEOUS
Section 4-1. Construction. This Act and any rules adopted
to implement this Act shall be construed broadly to favor the
protection of the personal information of State's Attorneys.
Section 4-5. Severability. If any part of this Act or its
application to any person or circumstance is adjudged invalid,
the adjudication or application shall not affect the validity
of this Act as a whole or of any other part.
Section 4-10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions Exemptions. To the extent
provided for by the statutes referenced below, the following
shall be exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.

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(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector

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general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital

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Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information

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Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Accountability and
Portability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.

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(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information exempt from disclosure under the
State's Attorney Privacy Act.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
Section 4-15. The Election Code is amended by adding
Section 10-10.6 as follows:
(10 ILCS 5/10-10.6 new)
Sec. 10-10.6. Removal of State's Attorney's address

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information from the certificate of nomination or nomination
papers.
(a) Upon expiration of the period for filing an objection
to a State's Attorney candidate's certificate of nomination or
nomination papers, a State's Attorney who is a candidate may
file a written request with the State Board of Elections for
redaction of the State's Attorney's home address information
from his or her certificate of nomination or nomination papers.
After receipt of the State's Attorney's written request, the
State Board of Elections shall redact or cause redaction of the
State's Attorney's home address from his or her certificate of
nomination or nomination papers within 5 business days.
(b) Prior to expiration of the period for filing an
objection to a State's Attorney's certificate of nomination or
nomination papers, the home address information from the
certificate of nomination or nomination papers of a State's
Attorney who is a candidate is available for public inspection.
After redaction of a State's Attorney's home address
information under subsection (a) of this Section, the home
address information is only available for an in camera
inspection by the court reviewing an objection to the State's
Attorney's certificate of nomination or nomination papers.
(c) For the purposes of this Section, "home address" has
the meaning as defined in Section 1-10 of the State's Attorney
Privacy Act.

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Section 4-18. The Illinois Identification Card Act is
amended by changing Sections 4 and 5 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of

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his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act, a State's Attorney,
or a peace officer, the applicant may elect to have his or her
office or work address listed on the card instead of the
applicant's residence or mailing address. The Secretary may
promulgate rules to implement this provision. For the purposes
of this subsection (a-10), "peace officer" means any person who
by virtue of his or her office or public employment is vested
by law with a duty to maintain public order or to make arrests
for a violation of any penal statute of this State, whether
that duty extends to all violations or is limited to specific

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violations.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical

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history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the
Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person

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other than the person named on such card to prove that the
person named on such card is a disabled person or for any other
purpose unless the card is used for the benefit of the person
named on such card, and the person named on such card consents
to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date

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upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the

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State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card, or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the

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applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act,
a State's Attorney, or a peace officer, the applicant may elect
to have his or her office or work address in lieu of the
applicant's residence or mailing address. An applicant for an
Illinois Person with a Disability Identification Card must also
submit with each original or renewal application, on forms
prescribed by the Secretary, such documentation as the
Secretary may require, establishing that the applicant is a
"person with a disability" as defined in Section 4A of this
Act, and setting forth the applicant's type and class of
disability as set forth in Section 4A of this Act. For the
purposes of this subsection (a), "peace officer" means any
person who by virtue of his or her office or public employment

SB1788 - 23 - LRB099 08853 HEP 29025 b
is vested by law with a duty to maintain public order or to
make arrests for a violation of any penal statute of this
State, whether that duty extends to all violations or is
limited to specific violations.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not
limited to, Department of Defense form DD-214. The Secretary
shall determine by rule what other forms of proof of a person's
status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
For purposes of this subsection (b):
"Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.

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(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
eff. 8-16-13.)
Section 4-20. The Illinois Vehicle Code is amended by
changing Sections 6-106 and 6-110 as follows:
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.

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In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer, State's Attorney, or peace
officer, the Secretary may allow the applicant to provide an
office or work address in lieu of a residence or mailing
address. The application form may also require the statement of
such additional relevant information as the Secretary of State
shall deem necessary to determine the applicant's competency
and eligibility. The Secretary of State may, in his discretion,
by rule or regulation, provide that an application for a
drivers license or permit may include a suitable photograph of
the applicant in the form prescribed by the Secretary, and he
may further provide that each drivers license shall include a
photograph of the driver. The Secretary of State may utilize a
photograph process or system most suitable to deter alteration
or improper reproduction of a drivers license and to prevent
substitution of another photo thereon. For the purposes of this
subsection (b), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that duty
extends to all violations or is limited to specific violations.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of

SB1788 - 26 - LRB099 08853 HEP 29025 b
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Code or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but are

SB1788 - 27 - LRB099 08853 HEP 29025 b
not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule what other forms of proof of
a person's status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):
"Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
eff. 7-16-14.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence

SB1788 - 28 - LRB099 08853 HEP 29025 b
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;

SB1788 - 29 - LRB099 08853 HEP 29025 b
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe Rides
program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age

SB1788 - 30 - LRB099 08853 HEP 29025 b
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction
permit has a current identification card issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial
officer, State's Attorney, or a peace officer, the applicant
may elect to have his or her office or work address listed on
the license instead of the applicant's residence or mailing
address. The Secretary of State shall adopt rules to implement
this subsection (a-5). For the purposes of this subsection
(a-5), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any

SB1788 - 31 - LRB099 08853 HEP 29025 b
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b) Until the Secretary of State establishes a First Person
Consent organ and tissue donor registry under Section 6-117 of
this Code, the Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee may
use to execute a document of gift conforming to the provisions
of the Illinois Anatomical Gift Act. The format shall allow the
licensee to indicate the gift intended, whether specific
organs, any organ, or the entire body, and shall accommodate
the signatures of the donor and 2 witnesses. The Secretary
shall also inform each applicant or licensee of this format,
describe the procedure for its execution, and may offer the
necessary witnesses; provided that in so doing, the Secretary
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document
shall be given to each applicant or licensee. The brochure
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift, and that he or she
may wish to consult with family, friends or clergy before doing
so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ
and tissue donation.
(c) The Secretary of State shall designate on each driver's
license issued a space where the licensee may place a sticker

SB1788 - 32 - LRB099 08853 HEP 29025 b
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical
Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
(e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's
licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of
State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to

SB1788 - 33 - LRB099 08853 HEP 29025 b
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
drivers' licenses with the word "veteran" appearing on the face
of the licenses. This authorization is predicated on the unique
status of veterans. The Secretary may not issue any other
driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
driver's license where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (e) of Section 6-106 of this Code who was discharged
or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,

SB1788 - 34 - LRB099 08853 HEP 29025 b
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
eff. 8-16-13.)

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Section 4-99. Effective date. This Act takes effect upon
becoming law.
SB1788 - 36 - LRB099 08853 HEP 29025 b
INDEX
Statutes amended in order of appearance