Bill Text: IL SB2269 | 2019-2020 | 101st General Assembly | Introduced

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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 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2269 Detail]

Download: Illinois-2019-SB2269-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2269 Introduced 10/28/2019, by Sen. Martin A. Sandoval 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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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. Disclosure of information.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose medical
information concerning an individual to any person, public
agency, private agency, corporation or governmental body
unless the individual has submitted a written request for the
information or unless the individual has given prior written
consent for the release of the information to a specific person
or entity. This exception shall not apply to: (1) offices and
employees of the Secretary who have a need to know the medical
information in performance of their official duties, or (2)
orders of a court of competent jurisdiction. When medical
information is disclosed by the Secretary in accordance with

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the provisions of this Section, no liability shall rest with
the Office of the Secretary of State as the information is
released for informational purposes only.
(b) Except as otherwise provided in this Section, the The
Secretary may release personally identifying information or
highly restricted personal information only to:
(1) officers and employees of the Secretary who have a
need to know that information;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies that need the information
for a criminal or civil investigation;
(3-5) the State Board of Elections for the purpose of
providing the signatures required by a local election
authority to register a voter through an online voter
registration system or as may be required by an agreement
the State Board of Elections has entered into with a
multi-state voter registration list maintenance system; or
(4) any entity that the Secretary has authorized, by
rule, to receive this information.
(c) The Secretary may not disclose an individual's social
security number or any associated information obtained from the
Social Security Administration without the written request or
consent of the individual except: (i) to officers and employees
of the Secretary who have a need to know the social security
number in the performance of their official duties; (ii) to law

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enforcement officials for a lawful civil or criminal law
enforcement investigation if the head of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social security
number is being sought; (iii) under a lawful court order signed
by a judge; or (iv) to the Illinois Department of Veterans'
Affairs for the purpose of confirming veteran status.
(d) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
98-115, eff. 7-29-13; 98-463, eff. 8-16-13; 98-1171, eff.
6-1-15.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-110.1 as follows:
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images.
(a) The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in the
process of issuing a driver's license, permit, or
identification card. Except as otherwise provided in this

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Section, the The photographs and signatures shall be
confidential and shall not be disclosed except to the following
persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards;
(3) law enforcement officials for a lawful civil or
criminal law enforcement investigation;
(3-5) the State Board of Elections for the sole purpose
of providing the signatures required by a local election
authority to register a voter through an online voter
registration system;
(3-10) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling notary public
commissions and for the purpose of providing the signatures
required to process online applications for appointment
and commission as notaries public; or
(4) other entities that the Secretary may exempt by
rule.
(b) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing a driver's license or permit to any federal,
State, or local law enforcement agency or other governmental

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entity for the purpose of enforcing federal immigration laws.
(Source: P.A. 98-115, eff. 7-29-13; 99-112, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.