Bill Text: IL SB2680 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Judicial Privacy Act. Changes the name of the short title of the Act to the Government Official Privacy Act. Provides that the Act applies to a government official. Defines "government official" as a judicial officer, legislative officer, or executive officer. Defines "legislative officer" and "executive officer". Amends various Acts to make conforming changes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-10-14 - Referred to Assignments [SB2680 Detail]
Download: Illinois-2025-SB2680-Introduced.html
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| 1 | AN ACT concerning government. | |||||||||||||||||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||||||||||||||||||
| 5 | changing Section 7 as follows: | |||||||||||||||||||||||||||||||||||||||||||
| 6 | (5 ILCS 140/7) | |||||||||||||||||||||||||||||||||||||||||||
| 7 | Sec. 7. Exemptions. | |||||||||||||||||||||||||||||||||||||||||||
| 8 | (1) When a request is made to inspect or copy a public | |||||||||||||||||||||||||||||||||||||||||||
| 9 | record that contains information that is exempt from | |||||||||||||||||||||||||||||||||||||||||||
| 10 | disclosure under this Section, but also contains information | |||||||||||||||||||||||||||||||||||||||||||
| 11 | that is not exempt from disclosure, the public body may elect | |||||||||||||||||||||||||||||||||||||||||||
| 12 | to redact the information that is exempt. The public body | |||||||||||||||||||||||||||||||||||||||||||
| 13 | shall make the remaining information available for inspection | |||||||||||||||||||||||||||||||||||||||||||
| 14 | and copying. Subject to this requirement, the following shall | |||||||||||||||||||||||||||||||||||||||||||
| 15 | be exempt from inspection and copying: | |||||||||||||||||||||||||||||||||||||||||||
| 16 | (a) Information specifically prohibited from | |||||||||||||||||||||||||||||||||||||||||||
| 17 | disclosure by federal or State law or rules and | |||||||||||||||||||||||||||||||||||||||||||
| 18 | regulations implementing federal or State law. | |||||||||||||||||||||||||||||||||||||||||||
| 19 | (b) Private information, unless disclosure is required | |||||||||||||||||||||||||||||||||||||||||||
| 20 | by another provision of this Act, a State or federal law, | |||||||||||||||||||||||||||||||||||||||||||
| 21 | or a court order. | |||||||||||||||||||||||||||||||||||||||||||
| 22 | (b-5) Files, documents, and other data or databases | |||||||||||||||||||||||||||||||||||||||||||
| 23 | maintained by one or more law enforcement agencies and | |||||||||||||||||||||||||||||||||||||||||||
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| 1 | specifically designed to provide information to one or | ||||||
| 2 | more law enforcement agencies regarding the physical or | ||||||
| 3 | mental status of one or more individual subjects. | ||||||
| 4 | (c) Personal information contained within public | ||||||
| 5 | records, the disclosure of which would constitute a | ||||||
| 6 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 7 | the disclosure is consented to in writing by the | ||||||
| 8 | individual subjects of the information. "Unwarranted | ||||||
| 9 | invasion of personal privacy" means the disclosure of | ||||||
| 10 | information that is highly personal or objectionable to a | ||||||
| 11 | reasonable person and in which the subject's right to | ||||||
| 12 | privacy outweighs any legitimate public interest in | ||||||
| 13 | obtaining the information. The disclosure of information | ||||||
| 14 | that bears on the public duties of public employees and | ||||||
| 15 | officials shall not be considered an invasion of personal | ||||||
| 16 | privacy. | ||||||
| 17 | (d) Records in the possession of any public body | ||||||
| 18 | created in the course of administrative enforcement | ||||||
| 19 | proceedings, and any law enforcement or correctional | ||||||
| 20 | agency for law enforcement purposes, but only to the | ||||||
| 21 | extent that disclosure would: | ||||||
| 22 | (i) interfere with pending or actually and | ||||||
| 23 | reasonably contemplated law enforcement proceedings | ||||||
| 24 | conducted by any law enforcement or correctional | ||||||
| 25 | agency that is the recipient of the request; | ||||||
| 26 | (ii) interfere with active administrative | ||||||
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| 1 | enforcement proceedings conducted by the public body | ||||||
| 2 | that is the recipient of the request; | ||||||
| 3 | (iii) create a substantial likelihood that a | ||||||
| 4 | person will be deprived of a fair trial or an impartial | ||||||
| 5 | hearing; | ||||||
| 6 | (iv) unavoidably disclose the identity of a | ||||||
| 7 | confidential source, confidential information | ||||||
| 8 | furnished only by the confidential source, or persons | ||||||
| 9 | who file complaints with or provide information to | ||||||
| 10 | administrative, investigative, law enforcement, or | ||||||
| 11 | penal agencies; except that the identities of | ||||||
| 12 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 13 | and rescue reports shall be provided by agencies of | ||||||
| 14 | local government, except when disclosure would | ||||||
| 15 | interfere with an active criminal investigation | ||||||
| 16 | conducted by the agency that is the recipient of the | ||||||
| 17 | request; | ||||||
| 18 | (v) disclose unique or specialized investigative | ||||||
| 19 | techniques other than those generally used and known | ||||||
| 20 | or disclose internal documents of correctional | ||||||
| 21 | agencies related to detection, observation, or | ||||||
| 22 | investigation of incidents of crime or misconduct, and | ||||||
| 23 | disclosure would result in demonstrable harm to the | ||||||
| 24 | agency or public body that is the recipient of the | ||||||
| 25 | request; | ||||||
| 26 | (vi) endanger the life or physical safety of law | ||||||
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| 1 | enforcement personnel or any other person; or | ||||||
| 2 | (vii) obstruct an ongoing criminal investigation | ||||||
| 3 | by the agency that is the recipient of the request. | ||||||
| 4 | (d-5) A law enforcement record created for law | ||||||
| 5 | enforcement purposes and contained in a shared electronic | ||||||
| 6 | record management system if the law enforcement agency | ||||||
| 7 | that is the recipient of the request did not create the | ||||||
| 8 | record, did not participate in or have a role in any of the | ||||||
| 9 | events which are the subject of the record, and only has | ||||||
| 10 | access to the record through the shared electronic record | ||||||
| 11 | management system. | ||||||
| 12 | (d-6) Records contained in the Officer Professional | ||||||
| 13 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
| 14 | Training Act, except to the extent authorized under that | ||||||
| 15 | Section. This includes the documents supplied to the | ||||||
| 16 | Illinois Law Enforcement Training Standards Board from the | ||||||
| 17 | Illinois State Police and Illinois State Police Merit | ||||||
| 18 | Board. | ||||||
| 19 | (d-7) Information gathered or records created from the | ||||||
| 20 | use of automatic license plate readers in connection with | ||||||
| 21 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 22 | (e) Records that relate to or affect the security of | ||||||
| 23 | correctional institutions and detention facilities. | ||||||
| 24 | (e-5) Records requested by persons committed to the | ||||||
| 25 | Department of Corrections, Department of Human Services | ||||||
| 26 | Division of Mental Health, or a county jail if those | ||||||
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| 1 | materials are available in the library of the correctional | ||||||
| 2 | institution or facility or jail where the inmate is | ||||||
| 3 | confined. | ||||||
| 4 | (e-6) Records requested by persons committed to the | ||||||
| 5 | Department of Corrections, Department of Human Services | ||||||
| 6 | Division of Mental Health, or a county jail if those | ||||||
| 7 | materials include records from staff members' personnel | ||||||
| 8 | files, staff rosters, or other staffing assignment | ||||||
| 9 | information. | ||||||
| 10 | (e-7) Records requested by persons committed to the | ||||||
| 11 | Department of Corrections or Department of Human Services | ||||||
| 12 | Division of Mental Health if those materials are available | ||||||
| 13 | through an administrative request to the Department of | ||||||
| 14 | Corrections or Department of Human Services Division of | ||||||
| 15 | Mental Health. | ||||||
| 16 | (e-8) Records requested by a person committed to the | ||||||
| 17 | Department of Corrections, Department of Human Services | ||||||
| 18 | Division of Mental Health, or a county jail, the | ||||||
| 19 | disclosure of which would result in the risk of harm to any | ||||||
| 20 | person or the risk of an escape from a jail or correctional | ||||||
| 21 | institution or facility. | ||||||
| 22 | (e-9) Records requested by a person in a county jail | ||||||
| 23 | or committed to the Department of Corrections or | ||||||
| 24 | Department of Human Services Division of Mental Health, | ||||||
| 25 | containing personal information pertaining to the person's | ||||||
| 26 | victim or the victim's family, including, but not limited | ||||||
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| 1 | to, a victim's home address, home telephone number, work | ||||||
| 2 | or school address, work telephone number, social security | ||||||
| 3 | number, or any other identifying information, except as | ||||||
| 4 | may be relevant to a requester's current or potential case | ||||||
| 5 | or claim. | ||||||
| 6 | (e-10) Law enforcement records of other persons | ||||||
| 7 | requested by a person committed to the Department of | ||||||
| 8 | Corrections, Department of Human Services Division of | ||||||
| 9 | Mental Health, or a county jail, including, but not | ||||||
| 10 | limited to, arrest and booking records, mug shots, and | ||||||
| 11 | crime scene photographs, except as these records may be | ||||||
| 12 | relevant to the requester's current or potential case or | ||||||
| 13 | claim. | ||||||
| 14 | (f) Preliminary drafts, notes, recommendations, | ||||||
| 15 | memoranda, and other records in which opinions are | ||||||
| 16 | expressed, or policies or actions are formulated, except | ||||||
| 17 | that a specific record or relevant portion of a record | ||||||
| 18 | shall not be exempt when the record is publicly cited and | ||||||
| 19 | identified by the head of the public body. The exemption | ||||||
| 20 | provided in this paragraph (f) extends to all those | ||||||
| 21 | records of officers and agencies of the General Assembly | ||||||
| 22 | that pertain to the preparation of legislative documents. | ||||||
| 23 | (g) Trade secrets and commercial or financial | ||||||
| 24 | information obtained from a person or business where the | ||||||
| 25 | trade secrets or commercial or financial information are | ||||||
| 26 | furnished under a claim that they are proprietary, | ||||||
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| 1 | privileged, or confidential, and that disclosure of the | ||||||
| 2 | trade secrets or commercial or financial information would | ||||||
| 3 | cause competitive harm to the person or business, and only | ||||||
| 4 | insofar as the claim directly applies to the records | ||||||
| 5 | requested. | ||||||
| 6 | The information included under this exemption includes | ||||||
| 7 | all trade secrets and commercial or financial information | ||||||
| 8 | obtained by a public body, including a public pension | ||||||
| 9 | fund, from a private equity fund or a privately held | ||||||
| 10 | company within the investment portfolio of a private | ||||||
| 11 | equity fund as a result of either investing or evaluating | ||||||
| 12 | a potential investment of public funds in a private equity | ||||||
| 13 | fund. The exemption contained in this item does not apply | ||||||
| 14 | to the aggregate financial performance information of a | ||||||
| 15 | private equity fund, nor to the identity of the fund's | ||||||
| 16 | managers or general partners. The exemption contained in | ||||||
| 17 | this item does not apply to the identity of a privately | ||||||
| 18 | held company within the investment portfolio of a private | ||||||
| 19 | equity fund, unless the disclosure of the identity of a | ||||||
| 20 | privately held company may cause competitive harm. | ||||||
| 21 | Nothing contained in this paragraph (g) shall be | ||||||
| 22 | construed to prevent a person or business from consenting | ||||||
| 23 | to disclosure. | ||||||
| 24 | (h) Proposals and bids for any contract, grant, or | ||||||
| 25 | agreement, including information which if it were | ||||||
| 26 | disclosed would frustrate procurement or give an advantage | ||||||
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| 1 | to any person proposing to enter into a contractor | ||||||
| 2 | agreement with the body, until an award or final selection | ||||||
| 3 | is made. Information prepared by or for the body in | ||||||
| 4 | preparation of a bid solicitation shall be exempt until an | ||||||
| 5 | award or final selection is made. | ||||||
| 6 | (i) Valuable formulae, computer geographic systems, | ||||||
| 7 | designs, drawings, and research data obtained or produced | ||||||
| 8 | by any public body when disclosure could reasonably be | ||||||
| 9 | expected to produce private gain or public loss. The | ||||||
| 10 | exemption for "computer geographic systems" provided in | ||||||
| 11 | this paragraph (i) does not extend to requests made by | ||||||
| 12 | news media as defined in Section 2 of this Act when the | ||||||
| 13 | requested information is not otherwise exempt and the only | ||||||
| 14 | purpose of the request is to access and disseminate | ||||||
| 15 | information regarding the health, safety, welfare, or | ||||||
| 16 | legal rights of the general public. | ||||||
| 17 | (j) The following information pertaining to | ||||||
| 18 | educational matters: | ||||||
| 19 | (i) test questions, scoring keys, and other | ||||||
| 20 | examination data used to administer an academic | ||||||
| 21 | examination; | ||||||
| 22 | (ii) information received by a primary or | ||||||
| 23 | secondary school, college, or university under its | ||||||
| 24 | procedures for the evaluation of faculty members by | ||||||
| 25 | their academic peers; | ||||||
| 26 | (iii) information concerning a school or | ||||||
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| 1 | university's adjudication of student disciplinary | ||||||
| 2 | cases, but only to the extent that disclosure would | ||||||
| 3 | unavoidably reveal the identity of the student; and | ||||||
| 4 | (iv) course materials or research materials used | ||||||
| 5 | by faculty members. | ||||||
| 6 | (k) Architects' plans, engineers' technical | ||||||
| 7 | submissions, and other construction related technical | ||||||
| 8 | documents for projects not constructed or developed in | ||||||
| 9 | whole or in part with public funds and the same for | ||||||
| 10 | projects constructed or developed with public funds, | ||||||
| 11 | including, but not limited to, power generating and | ||||||
| 12 | distribution stations and other transmission and | ||||||
| 13 | distribution facilities, water treatment facilities, | ||||||
| 14 | airport facilities, sport stadiums, convention centers, | ||||||
| 15 | and all government owned, operated, or occupied buildings, | ||||||
| 16 | but only to the extent that disclosure would compromise | ||||||
| 17 | security. | ||||||
| 18 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 19 | public as provided in the Open Meetings Act until the | ||||||
| 20 | public body makes the minutes available to the public | ||||||
| 21 | under Section 2.06 of the Open Meetings Act. | ||||||
| 22 | (m) Communications between a public body and an | ||||||
| 23 | attorney or auditor representing the public body that | ||||||
| 24 | would not be subject to discovery in litigation, and | ||||||
| 25 | materials prepared or compiled by or for a public body in | ||||||
| 26 | anticipation of a criminal, civil, or administrative | ||||||
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| 1 | proceeding upon the request of an attorney advising the | ||||||
| 2 | public body, and materials prepared or compiled with | ||||||
| 3 | respect to internal audits of public bodies. | ||||||
| 4 | (n) Records relating to a public body's adjudication | ||||||
| 5 | of employee grievances or disciplinary cases; however, | ||||||
| 6 | this exemption shall not extend to the final outcome of | ||||||
| 7 | cases in which discipline is imposed. | ||||||
| 8 | (o) Administrative or technical information associated | ||||||
| 9 | with automated data processing operations, including, but | ||||||
| 10 | not limited to, software, operating protocols, computer | ||||||
| 11 | program abstracts, file layouts, source listings, object | ||||||
| 12 | modules, load modules, user guides, documentation | ||||||
| 13 | pertaining to all logical and physical design of | ||||||
| 14 | computerized systems, employee manuals, and any other | ||||||
| 15 | information that, if disclosed, would jeopardize the | ||||||
| 16 | security of the system or its data or the security of | ||||||
| 17 | materials exempt under this Section. | ||||||
| 18 | (p) Records relating to collective negotiating matters | ||||||
| 19 | between public bodies and their employees or | ||||||
| 20 | representatives, except that any final contract or | ||||||
| 21 | agreement shall be subject to inspection and copying. | ||||||
| 22 | (q) Test questions, scoring keys, and other | ||||||
| 23 | examination data used to determine the qualifications of | ||||||
| 24 | an applicant for a license or employment. | ||||||
| 25 | (r) The records, documents, and information relating | ||||||
| 26 | to real estate purchase negotiations until those | ||||||
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| 1 | negotiations have been completed or otherwise terminated. | ||||||
| 2 | With regard to a parcel involved in a pending or actually | ||||||
| 3 | and reasonably contemplated eminent domain proceeding | ||||||
| 4 | under the Eminent Domain Act, records, documents, and | ||||||
| 5 | information relating to that parcel shall be exempt except | ||||||
| 6 | as may be allowed under discovery rules adopted by the | ||||||
| 7 | Illinois Supreme Court. The records, documents, and | ||||||
| 8 | information relating to a real estate sale shall be exempt | ||||||
| 9 | until a sale is consummated. | ||||||
| 10 | (s) Any and all proprietary information and records | ||||||
| 11 | related to the operation of an intergovernmental risk | ||||||
| 12 | management association or self-insurance pool or jointly | ||||||
| 13 | self-administered health and accident cooperative or pool. | ||||||
| 14 | Insurance or self-insurance (including any | ||||||
| 15 | intergovernmental risk management association or | ||||||
| 16 | self-insurance pool) claims, loss or risk management | ||||||
| 17 | information, records, data, advice, or communications. | ||||||
| 18 | (t) Information contained in or related to | ||||||
| 19 | examination, operating, or condition reports prepared by, | ||||||
| 20 | on behalf of, or for the use of a public body responsible | ||||||
| 21 | for the regulation or supervision of financial | ||||||
| 22 | institutions, insurance companies, or pharmacy benefit | ||||||
| 23 | managers, unless disclosure is otherwise required by State | ||||||
| 24 | law. | ||||||
| 25 | (u) Information that would disclose or might lead to | ||||||
| 26 | the disclosure of secret or confidential information, | ||||||
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| 1 | codes, algorithms, programs, or private keys intended to | ||||||
| 2 | be used to create electronic signatures under the Uniform | ||||||
| 3 | Electronic Transactions Act. | ||||||
| 4 | (v) Vulnerability assessments, security measures, and | ||||||
| 5 | response policies or plans that are designed to identify, | ||||||
| 6 | prevent, or respond to potential attacks upon a | ||||||
| 7 | community's population or systems, facilities, or | ||||||
| 8 | installations, but only to the extent that disclosure | ||||||
| 9 | could reasonably be expected to expose the vulnerability | ||||||
| 10 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 11 | or plans, or the safety of the personnel who implement | ||||||
| 12 | them or the public. Information exempt under this item may | ||||||
| 13 | include such things as details pertaining to the | ||||||
| 14 | mobilization or deployment of personnel or equipment, to | ||||||
| 15 | the operation of communication systems or protocols, to | ||||||
| 16 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 17 | (w) (Blank). | ||||||
| 18 | (x) Maps and other records regarding the location or | ||||||
| 19 | security of generation, transmission, distribution, | ||||||
| 20 | storage, gathering, treatment, or switching facilities | ||||||
| 21 | owned by a utility, by a power generator, or by the | ||||||
| 22 | Illinois Power Agency. | ||||||
| 23 | (y) Information contained in or related to proposals, | ||||||
| 24 | bids, or negotiations related to electric power | ||||||
| 25 | procurement under Section 1-75 of the Illinois Power | ||||||
| 26 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
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| 1 | Act that is determined to be confidential and proprietary | ||||||
| 2 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 3 | Commission. | ||||||
| 4 | (z) Information about students exempted from | ||||||
| 5 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 6 | School Code, and information about undergraduate students | ||||||
| 7 | enrolled at an institution of higher education exempted | ||||||
| 8 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 9 | Card Marketing Act of 2009. | ||||||
| 10 | (aa) Information the disclosure of which is exempted | ||||||
| 11 | under the Viatical Settlements Act of 2009. | ||||||
| 12 | (bb) Records and information provided to a mortality | ||||||
| 13 | review team and records maintained by a mortality review | ||||||
| 14 | team appointed under the Department of Juvenile Justice | ||||||
| 15 | Mortality Review Team Act. | ||||||
| 16 | (cc) Information regarding interments, entombments, or | ||||||
| 17 | inurnments of human remains that are submitted to the | ||||||
| 18 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 19 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 20 | (dd) Correspondence and records (i) that may not be | ||||||
| 21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 23 | the Illinois Public Aid Code. | ||||||
| 24 | (ee) The names, addresses, or other personal | ||||||
| 25 | information of persons who are minors and are also | ||||||
| 26 | participants and registrants in programs of park | ||||||
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| 1 | districts, forest preserve districts, conservation | ||||||
| 2 | districts, recreation agencies, and special recreation | ||||||
| 3 | associations. | ||||||
| 4 | (ff) The names, addresses, or other personal | ||||||
| 5 | information of participants and registrants in programs of | ||||||
| 6 | park districts, forest preserve districts, conservation | ||||||
| 7 | districts, recreation agencies, and special recreation | ||||||
| 8 | associations where such programs are targeted primarily to | ||||||
| 9 | minors. | ||||||
| 10 | (gg) Confidential information described in Section | ||||||
| 11 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 12 | 2012. | ||||||
| 13 | (hh) The report submitted to the State Board of | ||||||
| 14 | Education by the School Security and Standards Task Force | ||||||
| 15 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 16 | School Code and any information contained in that report. | ||||||
| 17 | (ii) Records requested by persons committed to or | ||||||
| 18 | detained by the Department of Human Services under the | ||||||
| 19 | Sexually Violent Persons Commitment Act or committed to | ||||||
| 20 | the Department of Corrections under the Sexually Dangerous | ||||||
| 21 | Persons Act if those materials: (i) are available in the | ||||||
| 22 | library of the facility where the individual is confined; | ||||||
| 23 | (ii) include records from staff members' personnel files, | ||||||
| 24 | staff rosters, or other staffing assignment information; | ||||||
| 25 | or (iii) are available through an administrative request | ||||||
| 26 | to the Department of Human Services or the Department of | ||||||
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| 1 | Corrections. | ||||||
| 2 | (jj) Confidential information described in Section | ||||||
| 3 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 4 | (kk) The public body's credit card numbers, debit card | ||||||
| 5 | numbers, bank account numbers, Federal Employer | ||||||
| 6 | Identification Number, security code numbers, passwords, | ||||||
| 7 | and similar account information, the disclosure of which | ||||||
| 8 | could result in identity theft or impression or defrauding | ||||||
| 9 | of a governmental entity or a person. | ||||||
| 10 | (ll) Records concerning the work of the threat | ||||||
| 11 | assessment team of a school district, including, but not | ||||||
| 12 | limited to, any threat assessment procedure under the | ||||||
| 13 | School Safety Drill Act and any information contained in | ||||||
| 14 | the procedure. | ||||||
| 15 | (mm) Information prohibited from being disclosed under | ||||||
| 16 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 17 | Confidential Reporting Act. | ||||||
| 18 | (nn) Proprietary information submitted to the | ||||||
| 19 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 20 | Act. | ||||||
| 21 | (oo) Records described in subsection (f) of Section | ||||||
| 22 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 23 | (pp) Any and all information regarding burials, | ||||||
| 24 | interments, or entombments of human remains as required to | ||||||
| 25 | be reported to the Department of Natural Resources | ||||||
| 26 | pursuant either to the Archaeological and Paleontological | ||||||
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| 1 | Resources Protection Act or the Human Remains Protection | ||||||
| 2 | Act. | ||||||
| 3 | (qq) Reports described in subsection (e) of Section | ||||||
| 4 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 5 | (rr) Information obtained by a certified local health | ||||||
| 6 | department under the Access to Public Health Data Act. | ||||||
| 7 | (ss) For a request directed to a public body that is | ||||||
| 8 | also a HIPAA-covered entity, all information that is | ||||||
| 9 | protected health information, including demographic | ||||||
| 10 | information, that may be contained within or extracted | ||||||
| 11 | from any record held by the public body in compliance with | ||||||
| 12 | State and federal medical privacy laws and regulations, | ||||||
| 13 | including, but not limited to, the Health Insurance | ||||||
| 14 | Portability and Accountability Act and its regulations, 45 | ||||||
| 15 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
| 16 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 17 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 18 | information" has the meaning given to that term in 45 CFR | ||||||
| 19 | 160.103. | ||||||
| 20 | (tt) Proposals or bids submitted by engineering | ||||||
| 21 | consultants in response to requests for proposal or other | ||||||
| 22 | competitive bidding requests by the Department of | ||||||
| 23 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 24 | (1.5) Any information exempt from disclosure under the | ||||||
| 25 | Government Official Judicial Privacy Act shall be redacted | ||||||
| 26 | from public records prior to disclosure under this Act. | ||||||
| |||||||
| |||||||
| 1 | (2) A public record that is not in the possession of a | ||||||
| 2 | public body but is in the possession of a party with whom the | ||||||
| 3 | agency has contracted to perform a governmental function on | ||||||
| 4 | behalf of the public body, and that directly relates to the | ||||||
| 5 | governmental function and is not otherwise exempt under this | ||||||
| 6 | Act, shall be considered a public record of the public body, | ||||||
| 7 | for purposes of this Act. | ||||||
| 8 | (3) This Section does not authorize withholding of | ||||||
| 9 | information or limit the availability of records to the | ||||||
| 10 | public, except as stated in this Section or otherwise provided | ||||||
| 11 | in this Act. | ||||||
| 12 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
| 13 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
| 14 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
| 15 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
| 16 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
| 17 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, | ||||||
| 18 | eff. 7-1-24; 103-865, eff. 1-1-25.) | ||||||
| 19 | Section 10. The Election Code is amended by changing | ||||||
| 20 | Sections 7A-1 and 10-10.5 as follows: | ||||||
| 21 | (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1) | ||||||
| 22 | Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has | ||||||
| 23 | been elected to that office and who seeks to be retained in | ||||||
| 24 | that office under subsection (d) of Section 12 of Article VI of | ||||||
| |||||||
| |||||||
| 1 | the Constitution shall file a declaration of candidacy to | ||||||
| 2 | succeed himself in the office of the Secretary of State not | ||||||
| 3 | less than 6 months before the general election preceding the | ||||||
| 4 | expiration of his term of office. Within 3 business days | ||||||
| 5 | thereafter, the Secretary of State shall certify to the State | ||||||
| 6 | Board of Elections the names of all incumbent judges who were | ||||||
| 7 | eligible to stand for retention at the next general election | ||||||
| 8 | but failed to timely file a declaration of candidacy to | ||||||
| 9 | succeed themselves in office or, having timely filed such a | ||||||
| 10 | declaration, withdrew it. The State Board of Elections may | ||||||
| 11 | rely upon the certification from the Secretary of State (a) to | ||||||
| 12 | determine when vacancies in judicial office exist and (b) to | ||||||
| 13 | determine the judicial positions for which elections will be | ||||||
| 14 | held. The Secretary of State, not less than 63 days before the | ||||||
| 15 | election, shall certify the Judge's candidacy to the proper | ||||||
| 16 | election officials. The names of Judges seeking retention | ||||||
| 17 | shall be submitted to the electors, separately and without | ||||||
| 18 | party designation, on the sole question whether each Judge | ||||||
| 19 | shall be retained in office for another term. The retention | ||||||
| 20 | elections shall be conducted at general elections in the | ||||||
| 21 | appropriate Judicial District, for Supreme and Appellate | ||||||
| 22 | Judges, and in the circuit for Circuit Judges. The affirmative | ||||||
| 23 | vote of three-fifths of the electors voting on the question | ||||||
| 24 | shall elect the Judge to the office for a term commencing on | ||||||
| 25 | the first Monday in December following his election. | ||||||
| 26 | Upon certification of a Judge's candidacy for retention by | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State, the judicial candidate may file a | ||||||
| 2 | written request with the Secretary of State for redaction of | ||||||
| 3 | the judicial candidate's home address information from the | ||||||
| 4 | candidate's declaration of candidacy for retention. After | ||||||
| 5 | receipt of the candidate's written request, the Secretary of | ||||||
| 6 | State shall redact or cause redaction of the judicial | ||||||
| 7 | candidate's home address from the candidate's declaration of | ||||||
| 8 | candidacy for retention within 5 business days. For the | ||||||
| 9 | purposes of this subsection, "home address" has the meaning as | ||||||
| 10 | defined in Section 1-10 of the Government Official Judicial | ||||||
| 11 | Privacy Act. | ||||||
| 12 | (Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12.) | ||||||
| 13 | (10 ILCS 5/10-10.5) | ||||||
| 14 | Sec. 10-10.5. Removal of judicial officer's address | ||||||
| 15 | information from the certificate of nomination or nomination | ||||||
| 16 | papers. | ||||||
| 17 | (a) Upon expiration of the period for filing an objection | ||||||
| 18 | to a judicial candidate's certificate of nomination or | ||||||
| 19 | nomination papers, a judicial officer who is a judicial | ||||||
| 20 | candidate may file a written request with the State Board of | ||||||
| 21 | Elections for redaction of the judicial officer's home address | ||||||
| 22 | information from his or her certificate of nomination or | ||||||
| 23 | nomination papers. After receipt of the judicial officer's | ||||||
| 24 | written request, the State Board of Elections shall redact or | ||||||
| 25 | cause redaction of the judicial officer's home address from | ||||||
| |||||||
| |||||||
| 1 | his or her certificate of nomination or nomination papers | ||||||
| 2 | within 5 business days. | ||||||
| 3 | (b) Prior to expiration of the period for filing an | ||||||
| 4 | objection to a judicial candidate's certificate of nomination | ||||||
| 5 | or nomination papers, the home address information from the | ||||||
| 6 | certificate of nomination or nomination papers of a judicial | ||||||
| 7 | officer who is a judicial candidate is available for public | ||||||
| 8 | inspection. After redaction of a judicial officer's home | ||||||
| 9 | address information under paragraph (a) of this Section, the | ||||||
| 10 | home address information is only available for an in camera | ||||||
| 11 | inspection by the court reviewing an objection to the judicial | ||||||
| 12 | officer's certificate of nomination or nomination papers. | ||||||
| 13 | (c) For the purposes of this Section, "home address" has | ||||||
| 14 | the meaning as defined in Section 1-10 of the Government | ||||||
| 15 | Official Judicial Privacy Act. | ||||||
| 16 | (Source: P.A. 97-847, eff. 9-22-12; 98-463, eff. 8-16-13.) | ||||||
| 17 | Section 15. The Illinois Identification Card Act is | ||||||
| 18 | amended by changing Sections 4 and 5 as follows: | ||||||
| 19 | (15 ILCS 335/4) (from Ch. 124, par. 24) | ||||||
| 20 | Sec. 4. Identification card. | ||||||
| 21 | (a) In accordance with the requirements of this Section, | ||||||
| 22 | the Secretary of State shall issue a standard Illinois | ||||||
| 23 | Identification Card, as well as a mobile Illinois | ||||||
| 24 | Identification Card, to any natural person who is a resident | ||||||
| |||||||
| |||||||
| 1 | of the State of Illinois who applies for such a card, or | ||||||
| 2 | renewal thereof. No identification card shall be issued to any | ||||||
| 3 | person who holds a valid foreign state identification card, | ||||||
| 4 | license, or permit unless the person first surrenders to the | ||||||
| 5 | Secretary of State the valid foreign state identification | ||||||
| 6 | card, license, or permit. The card shall be prepared and | ||||||
| 7 | supplied by the Secretary of State and shall include a | ||||||
| 8 | photograph and signature or mark of the applicant. However, | ||||||
| 9 | the Secretary of State may provide by rule for the issuance of | ||||||
| 10 | Illinois Identification Cards without photographs if the | ||||||
| 11 | applicant has a bona fide religious objection to being | ||||||
| 12 | photographed or to the display of his or her photograph. The | ||||||
| 13 | Illinois Identification Card may be used for identification | ||||||
| 14 | purposes in any lawful situation only by the person to whom it | ||||||
| 15 | was issued. As used in this Act, "photograph" means any color | ||||||
| 16 | photograph or digitally produced and captured image of an | ||||||
| 17 | applicant for an identification card. As used in this Act, | ||||||
| 18 | "signature" means the name of a person as written by that | ||||||
| 19 | person and captured in a manner acceptable to the Secretary of | ||||||
| 20 | State. | ||||||
| 21 | (a-5) If an applicant for an identification card has a | ||||||
| 22 | current driver's license or instruction permit issued by the | ||||||
| 23 | Secretary of State, the Secretary may require the applicant to | ||||||
| 24 | utilize the same residence address and name on the | ||||||
| 25 | identification card, driver's license, and instruction permit | ||||||
| 26 | records maintained by the Secretary. The Secretary may | ||||||
| |||||||
| |||||||
| 1 | promulgate rules to implement this provision. | ||||||
| 2 | (a-10) If the applicant is a judicial officer as defined | ||||||
| 3 | in Section 1-10 of the Government Official Judicial Privacy | ||||||
| 4 | Act or a peace officer, the applicant may elect to have his or | ||||||
| 5 | her office or work address listed on the card instead of the | ||||||
| 6 | applicant's residence or mailing address. The Secretary may | ||||||
| 7 | promulgate rules to implement this provision. For the purposes | ||||||
| 8 | of this subsection (a-10), "peace officer" means any person | ||||||
| 9 | who by virtue of his or her office or public employment is | ||||||
| 10 | vested by law with a duty to maintain public order or to make | ||||||
| 11 | arrests for a violation of any penal statute of this State, | ||||||
| 12 | whether that duty extends to all violations or is limited to | ||||||
| 13 | specific violations. | ||||||
| 14 | (a-15) The Secretary of State may provide for an expedited | ||||||
| 15 | process for the issuance of an Illinois Identification Card. | ||||||
| 16 | The Secretary shall charge an additional fee for the expedited | ||||||
| 17 | issuance of an Illinois Identification Card, to be set by | ||||||
| 18 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
| 19 | for expedited Illinois Identification Card service shall be | ||||||
| 20 | deposited into the Secretary of State Special Services Fund. | ||||||
| 21 | The Secretary may adopt rules regarding the eligibility, | ||||||
| 22 | process, and fee for an expedited Illinois Identification | ||||||
| 23 | Card. If the Secretary of State determines that the volume of | ||||||
| 24 | expedited identification card requests received on a given day | ||||||
| 25 | exceeds the ability of the Secretary to process those requests | ||||||
| 26 | in an expedited manner, the Secretary may decline to provide | ||||||
| |||||||
| |||||||
| 1 | expedited services, and the additional fee for the expedited | ||||||
| 2 | service shall be refunded to the applicant. | ||||||
| 3 | (a-20) The Secretary of State shall issue a standard | ||||||
| 4 | Illinois Identification Card to a person committed to the | ||||||
| 5 | Department of Corrections, the Department of Juvenile Justice, | ||||||
| 6 | a Federal Bureau of Prisons facility located in Illinois, or a | ||||||
| 7 | county jail or county department of corrections as follows: if | ||||||
| 8 | the person has a social security number, | ||||||
| 9 | (1) A committed person who has previously held an | ||||||
| 10 | Illinois Identification Card or an Illinois driver's | ||||||
| 11 | license shall submit an Identification Card verification | ||||||
| 12 | form to the Secretary of State, including a photograph | ||||||
| 13 | taken by the correctional facility, proof of residency | ||||||
| 14 | upon discharge, and a social security number, if the | ||||||
| 15 | committed person has a social security number. If the | ||||||
| 16 | committed person does not have a social security number | ||||||
| 17 | and is eligible for a social security number, the | ||||||
| 18 | Secretary of State shall not issue a standard Illinois | ||||||
| 19 | Identification Card until the committed person obtains a | ||||||
| 20 | social security number. If the committed person's | ||||||
| 21 | photograph and demographic information matches an existing | ||||||
| 22 | Illinois Identification Card or Illinois driver's license | ||||||
| 23 | and the Secretary of State verifies the applicant's social | ||||||
| 24 | security number with the Social Security Administration, | ||||||
| 25 | the Secretary of State shall issue the committed person a | ||||||
| 26 | standard Illinois Identification Card. If the photograph | ||||||
| |||||||
| |||||||
| 1 | or demographic information matches an existing Illinois | ||||||
| 2 | Identification Card or Illinois driver's license in | ||||||
| 3 | another person's name or identity, a standard Illinois | ||||||
| 4 | Identification Card shall not be issued until the | ||||||
| 5 | committed person submits a certified birth certificate and | ||||||
| 6 | social security card to the Secretary of State and the | ||||||
| 7 | Secretary of State verifies the identity of the committed | ||||||
| 8 | person. If the Secretary of State cannot find a match to an | ||||||
| 9 | existing Illinois Identification Card or Illinois driver's | ||||||
| 10 | license, the committed person may apply for a standard | ||||||
| 11 | Illinois Identification card as described in paragraph | ||||||
| 12 | (2). | ||||||
| 13 | (2) A committed person who has not previously held an | ||||||
| 14 | Illinois Identification Card or Illinois driver's license | ||||||
| 15 | or for whom a match cannot be found as described in | ||||||
| 16 | paragraph (1) shall submit an Illinois Identification Card | ||||||
| 17 | verification form, including a photograph taken by the | ||||||
| 18 | correctional facility, a certified birth certificate, | ||||||
| 19 | proof of residency upon discharge, and a social security | ||||||
| 20 | number, if the committed has a social security number. If | ||||||
| 21 | the committed person does not have a social security | ||||||
| 22 | number and is eligible for a social security number, the | ||||||
| 23 | Secretary of State shall not issue a standard Illinois | ||||||
| 24 | Identification Card until the committed person obtains a | ||||||
| 25 | social security number. If the Secretary of State verifies | ||||||
| 26 | the applicant's social security number with the Social | ||||||
| |||||||
| |||||||
| 1 | Security Administration, the Secretary of State shall | ||||||
| 2 | issue the committed person a standard Illinois | ||||||
| 3 | Identification Card. | ||||||
| 4 | The Illinois Identification Card verification form | ||||||
| 5 | described in this subsection shall be prescribed by the | ||||||
| 6 | Secretary of State. The Secretary of State and correctional | ||||||
| 7 | facilities in this State shall establish a secure method to | ||||||
| 8 | transfer the form. | ||||||
| 9 | (a-25) The Secretary of State shall issue a limited-term | ||||||
| 10 | Illinois Identification Card valid for 90 days to a committed | ||||||
| 11 | person upon release on parole, mandatory supervised release, | ||||||
| 12 | aftercare release, final discharge, or pardon from the | ||||||
| 13 | Department of Corrections, the Department of Juvenile Justice, | ||||||
| 14 | a Federal Bureau of Prisons facility located in Illinois, or a | ||||||
| 15 | county jail or county department of corrections, if the | ||||||
| 16 | released person does not obtain a standard Illinois | ||||||
| 17 | Identification Card as described in subsection (a-20) prior to | ||||||
| 18 | release but does present a Secretary of State prescribed | ||||||
| 19 | Identification Card verification form completed by the | ||||||
| 20 | correctional facility, verifying the released person's date of | ||||||
| 21 | birth, social security number, if the person has a social | ||||||
| 22 | security number, and his or her Illinois residence address. | ||||||
| 23 | The verification form must have been completed no more than 30 | ||||||
| 24 | days prior to the date of application for the Illinois | ||||||
| 25 | Identification Card. | ||||||
| 26 | Prior to the expiration of the 90-day period of the | ||||||
| |||||||
| |||||||
| 1 | limited-term Illinois Identification Card, if the released | ||||||
| 2 | person submits to the Secretary of State a certified copy of | ||||||
| 3 | his or her birth certificate and his or her social security | ||||||
| 4 | card, if the person has a social security number, or other | ||||||
| 5 | documents authorized by the Secretary, a standard Illinois | ||||||
| 6 | Identification Card shall be issued. A limited-term Illinois | ||||||
| 7 | Identification Card may not be renewed. | ||||||
| 8 | This subsection shall not apply to a released person who | ||||||
| 9 | was unable to obtain a standard Illinois Identification Card | ||||||
| 10 | because his or her photograph or demographic information | ||||||
| 11 | matched an existing Illinois Identification Card or Illinois | ||||||
| 12 | driver's license in another person's name or identity or to a | ||||||
| 13 | released person who does not have a social security number and | ||||||
| 14 | is eligible for a social security number. | ||||||
| 15 | (a-30) The Secretary of State shall issue a standard | ||||||
| 16 | Illinois Identification Card to a person upon conditional | ||||||
| 17 | release or absolute discharge from the custody of the | ||||||
| 18 | Department of Human Services, if the person presents a | ||||||
| 19 | certified copy of his or her birth certificate, social | ||||||
| 20 | security card, if the person has a social security number, or | ||||||
| 21 | other documents authorized by the Secretary, and a document | ||||||
| 22 | proving his or her Illinois residence address. The Secretary | ||||||
| 23 | of State shall issue a standard Illinois Identification Card | ||||||
| 24 | to a person prior to his or her conditional release or absolute | ||||||
| 25 | discharge if personnel from the Department of Human Services | ||||||
| 26 | bring the person to a Secretary of State location with the | ||||||
| |||||||
| |||||||
| 1 | required documents. Documents proving residence address may | ||||||
| 2 | include any official document of the Department of Human | ||||||
| 3 | Services showing the person's address after release and a | ||||||
| 4 | Secretary of State prescribed verification form, which may be | ||||||
| 5 | executed by personnel of the Department of Human Services. | ||||||
| 6 | (a-35) The Secretary of State shall issue a limited-term | ||||||
| 7 | Illinois Identification Card valid for 90 days to a person | ||||||
| 8 | upon conditional release or absolute discharge from the | ||||||
| 9 | custody of the Department of Human Services, if the person is | ||||||
| 10 | unable to present a certified copy of his or her birth | ||||||
| 11 | certificate and social security card, if the person has a | ||||||
| 12 | social security number, or other documents authorized by the | ||||||
| 13 | Secretary, but does present a Secretary of State prescribed | ||||||
| 14 | verification form completed by the Department of Human | ||||||
| 15 | Services, verifying the person's date of birth and social | ||||||
| 16 | security number, if the person has a social security number, | ||||||
| 17 | and a document proving his or her Illinois residence address. | ||||||
| 18 | The verification form must have been completed no more than 30 | ||||||
| 19 | days prior to the date of application for the Illinois | ||||||
| 20 | Identification Card. The Secretary of State shall issue a | ||||||
| 21 | limited-term Illinois Identification Card to a person no | ||||||
| 22 | sooner than 14 days prior to his or her conditional release or | ||||||
| 23 | absolute discharge if personnel from the Department of Human | ||||||
| 24 | Services bring the person to a Secretary of State location | ||||||
| 25 | with the required documents. Documents proving residence | ||||||
| 26 | address shall include any official document of the Department | ||||||
| |||||||
| |||||||
| 1 | of Human Services showing the person's address after release | ||||||
| 2 | and a Secretary of State prescribed verification form, which | ||||||
| 3 | may be executed by personnel of the Department of Human | ||||||
| 4 | Services. | ||||||
| 5 | (b) The Secretary of State shall issue a special Illinois | ||||||
| 6 | Identification Card, which shall be known as an Illinois | ||||||
| 7 | Person with a Disability Identification Card, to any natural | ||||||
| 8 | person who is a resident of the State of Illinois, who is a | ||||||
| 9 | person with a disability as defined in Section 4A of this Act, | ||||||
| 10 | who applies for such card, or renewal thereof. No Illinois | ||||||
| 11 | Person with a Disability Identification Card shall be issued | ||||||
| 12 | to any person who holds a valid foreign state identification | ||||||
| 13 | card, license, or permit unless the person first surrenders to | ||||||
| 14 | the Secretary of State the valid foreign state identification | ||||||
| 15 | card, license, or permit. The Secretary of State shall charge | ||||||
| 16 | no fee to issue such card. The card shall be prepared and | ||||||
| 17 | supplied by the Secretary of State, and shall include a | ||||||
| 18 | photograph and signature or mark of the applicant, a | ||||||
| 19 | designation indicating that the card is an Illinois Person | ||||||
| 20 | with a Disability Identification Card, and shall include a | ||||||
| 21 | comprehensible designation of the type and classification of | ||||||
| 22 | the applicant's disability as set out in Section 4A of this | ||||||
| 23 | Act. However, the Secretary of State may provide by rule for | ||||||
| 24 | the issuance of Illinois Person with a Disability | ||||||
| 25 | Identification Cards without photographs if the applicant has | ||||||
| 26 | a bona fide religious objection to being photographed or to | ||||||
| |||||||
| |||||||
| 1 | the display of his or her photograph. If the applicant so | ||||||
| 2 | requests, the card shall include a description of the | ||||||
| 3 | applicant's disability and any information about the | ||||||
| 4 | applicant's disability or medical history which the Secretary | ||||||
| 5 | determines would be helpful to the applicant in securing | ||||||
| 6 | emergency medical care. If a mark is used in lieu of a | ||||||
| 7 | signature, such mark shall be affixed to the card in the | ||||||
| 8 | presence of 2 two witnesses who attest to the authenticity of | ||||||
| 9 | the mark. The Illinois Person with a Disability Identification | ||||||
| 10 | Card may be used for identification purposes in any lawful | ||||||
| 11 | situation by the person to whom it was issued. | ||||||
| 12 | The Illinois Person with a Disability Identification Card | ||||||
| 13 | may be used as adequate documentation of disability in lieu of | ||||||
| 14 | a physician's determination of disability, a determination of | ||||||
| 15 | disability from a physician assistant, a determination of | ||||||
| 16 | disability from an advanced practice registered nurse, or any | ||||||
| 17 | other documentation of disability whenever any State law | ||||||
| 18 | requires that a person with a disability provide such | ||||||
| 19 | documentation of disability, however an Illinois Person with a | ||||||
| 20 | Disability Identification Card shall not qualify the | ||||||
| 21 | cardholder to participate in any program or to receive any | ||||||
| 22 | benefit which is not available to all persons with like | ||||||
| 23 | disabilities. Notwithstanding any other provisions of law, an | ||||||
| 24 | Illinois Person with a Disability Identification Card, or | ||||||
| 25 | evidence that the Secretary of State has issued an Illinois | ||||||
| 26 | Person with a Disability Identification Card, shall not be | ||||||
| |||||||
| |||||||
| 1 | used by any person other than the person named on such card to | ||||||
| 2 | prove that the person named on such card is a person with a | ||||||
| 3 | disability or for any other purpose unless the card is used for | ||||||
| 4 | the benefit of the person named on such card, and the person | ||||||
| 5 | named on such card consents to such use at the time the card is | ||||||
| 6 | so used. | ||||||
| 7 | An optometrist's determination of a visual disability | ||||||
| 8 | under Section 4A of this Act is acceptable as documentation | ||||||
| 9 | for the purpose of issuing an Illinois Person with a | ||||||
| 10 | Disability Identification Card. | ||||||
| 11 | When medical information is contained on an Illinois | ||||||
| 12 | Person with a Disability Identification Card, the Office of | ||||||
| 13 | the Secretary of State shall not be liable for any actions | ||||||
| 14 | taken based upon that medical information. | ||||||
| 15 | (c) The Secretary of State shall provide that each | ||||||
| 16 | original or renewal Illinois Identification Card or Illinois | ||||||
| 17 | Person with a Disability Identification Card issued to a | ||||||
| 18 | person under the age of 21 shall be of a distinct nature from | ||||||
| 19 | those Illinois Identification Cards or Illinois Person with a | ||||||
| 20 | Disability Identification Cards issued to individuals 21 years | ||||||
| 21 | of age or older. The color designated for Illinois | ||||||
| 22 | Identification Cards or Illinois Person with a Disability | ||||||
| 23 | Identification Cards for persons under the age of 21 shall be | ||||||
| 24 | at the discretion of the Secretary of State. | ||||||
| 25 | (c-1) Each original or renewal Illinois Identification | ||||||
| 26 | Card or Illinois Person with a Disability Identification Card | ||||||
| |||||||
| |||||||
| 1 | issued to a person under the age of 21 shall display the date | ||||||
| 2 | upon which the person becomes 18 years of age and the date upon | ||||||
| 3 | which the person becomes 21 years of age. | ||||||
| 4 | (c-3) The General Assembly recognizes the need to identify | ||||||
| 5 | military veterans living in this State for the purpose of | ||||||
| 6 | ensuring that they receive all of the services and benefits to | ||||||
| 7 | which they are legally entitled, including healthcare, | ||||||
| 8 | education assistance, and job placement. To assist the State | ||||||
| 9 | in identifying these veterans and delivering these vital | ||||||
| 10 | services and benefits, the Secretary of State is authorized to | ||||||
| 11 | issue Illinois Identification Cards and Illinois Person with a | ||||||
| 12 | Disability Identification Cards with the word "veteran" | ||||||
| 13 | appearing on the face of the cards. This authorization is | ||||||
| 14 | predicated on the unique status of veterans. The Secretary may | ||||||
| 15 | not issue any other identification card which identifies an | ||||||
| 16 | occupation, status, affiliation, hobby, or other unique | ||||||
| 17 | characteristics of the identification card holder which is | ||||||
| 18 | unrelated to the purpose of the identification card. | ||||||
| 19 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
| 20 | of State shall designate a space on each original or renewal | ||||||
| 21 | identification card where, at the request of the applicant, | ||||||
| 22 | the word "veteran" shall be placed. The veteran designation | ||||||
| 23 | shall be available to a person identified as a veteran under | ||||||
| 24 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
| 25 | separated under honorable conditions. | ||||||
| 26 | (d) The Secretary of State may issue a Senior Citizen | ||||||
| |||||||
| |||||||
| 1 | discount card, to any natural person who is a resident of the | ||||||
| 2 | State of Illinois who is 60 years of age or older and who | ||||||
| 3 | applies for such a card or renewal thereof. The Secretary of | ||||||
| 4 | State shall charge no fee to issue such card. The card shall be | ||||||
| 5 | issued in every county and applications shall be made | ||||||
| 6 | available at, but not limited to, nutrition sites, senior | ||||||
| 7 | citizen centers and Area Agencies on Aging. The applicant, | ||||||
| 8 | upon receipt of such card and prior to its use for any purpose, | ||||||
| 9 | shall have affixed thereon in the space provided therefor his | ||||||
| 10 | signature or mark. | ||||||
| 11 | (e) The Secretary of State, in his or her discretion, may | ||||||
| 12 | designate on each Illinois Identification Card or Illinois | ||||||
| 13 | Person with a Disability Identification Card a space where the | ||||||
| 14 | card holder may place a sticker or decal, issued by the | ||||||
| 15 | Secretary of State, of uniform size as the Secretary may | ||||||
| 16 | specify, that shall indicate in appropriate language that the | ||||||
| 17 | card holder has renewed his or her Illinois Identification | ||||||
| 18 | Card or Illinois Person with a Disability Identification Card. | ||||||
| 19 | (f)(1) The Secretary of State may issue a mobile | ||||||
| 20 | identification card to an individual who is otherwise eligible | ||||||
| 21 | to hold a physical credential in addition to, and not instead | ||||||
| 22 | of, an identification card if the Secretary of State has | ||||||
| 23 | issued an identification card to the person. The data elements | ||||||
| 24 | that are used to build an electronic credential must match the | ||||||
| 25 | individual's current Department record. | ||||||
| 26 | (2) The Secretary may enter into agreements or contract | ||||||
| |||||||
| |||||||
| 1 | with an agency of the State, another state, the United States, | ||||||
| 2 | or a third party to facilitate the issuance, use, and | ||||||
| 3 | verification of a mobile identification card issued by the | ||||||
| 4 | Secretary or another state. | ||||||
| 5 | (3) Any mobile identification card issued by the Secretary | ||||||
| 6 | shall be in accordance with the most recent AAMVA standards. | ||||||
| 7 | (4) The Secretary shall design the mobile identification | ||||||
| 8 | card in a manner that allows the credential holder to maintain | ||||||
| 9 | physical possession of the device on which the mobile | ||||||
| 10 | identification card is accessed during verification. | ||||||
| 11 | (g) The verification process shall be implemented to | ||||||
| 12 | require: | ||||||
| 13 | (1) the relying parties to authenticate electronic | ||||||
| 14 | credentials in accordance with applicable AAMVA standards | ||||||
| 15 | prior to acceptance of the electronic credential; | ||||||
| 16 | (2) the Secretary to ensure that electronic credential | ||||||
| 17 | data is subject to all jurisdictional data security and | ||||||
| 18 | privacy protection laws and regulations; and | ||||||
| 19 | (3) the relying parties to request only electronic | ||||||
| 20 | credential data elements that are necessary to complete | ||||||
| 21 | the transaction for which data is being requested. | ||||||
| 22 | (h) Privacy and tracking of data shall be restricted by | ||||||
| 23 | implementing the following requirements: | ||||||
| 24 | (1) the relying parties shall retain only electronic | ||||||
| 25 | credential data elements for which the relying party | ||||||
| 26 | explicitly obtained consent from the electronic credential | ||||||
| |||||||
| |||||||
| 1 | holder and shall inform the electronic credential holder | ||||||
| 2 | of the use and retention period of the electronic data | ||||||
| 3 | elements; | ||||||
| 4 | (2) the Secretary shall use an electronic credential | ||||||
| 5 | system that is designed to maximize the privacy of the | ||||||
| 6 | credential holder in accordance with State and federal law | ||||||
| 7 | and shall not track or compile information without the | ||||||
| 8 | credential holder's consent; and | ||||||
| 9 | (3) the Department shall only compile and disclose | ||||||
| 10 | information regarding the use of the credential as | ||||||
| 11 | required by State or federal law. | ||||||
| 12 | (i)(1) The electronic credential holder shall be required | ||||||
| 13 | to have the holder's their physical credential on the holder's | ||||||
| 14 | their person for all purposes for which an identification card | ||||||
| 15 | is required. No person, public entity, private entity, or | ||||||
| 16 | agency shall establish a policy that requires an electronic | ||||||
| 17 | credential instead of a physical credential. | ||||||
| 18 | (2) Electronic credential systems shall be designed so | ||||||
| 19 | that there is no requirement for the electronic credential | ||||||
| 20 | holder to display or relinquish possession of the credential | ||||||
| 21 | holder's mobile device to relying parties for the acceptance | ||||||
| 22 | of an electronic credential. | ||||||
| 23 | (3) When required by law and upon request by law | ||||||
| 24 | enforcement, a credential holder must provide the credential | ||||||
| 25 | holder's physical credential. | ||||||
| 26 | (4) Any law or regulation that requires an individual to | ||||||
| |||||||
| |||||||
| 1 | surrender the individual's their physical credential to law | ||||||
| 2 | enforcement does not apply to the device on which an | ||||||
| 3 | electronic credential has been provisioned. | ||||||
| 4 | (j) A person may be required to produce when so requested a | ||||||
| 5 | physical identification card to a law enforcement officer, a | ||||||
| 6 | representative of a State or federal department or agency, or | ||||||
| 7 | a private entity and is subject to all applicable laws and | ||||||
| 8 | consequences for failure to produce such an identification | ||||||
| 9 | card. | ||||||
| 10 | (k) The Secretary of State shall adopt such rules as are | ||||||
| 11 | necessary to implement a mobile identification card. | ||||||
| 12 | (l) The display of a mobile identification card shall not | ||||||
| 13 | serve as consent or authorization for a law enforcement | ||||||
| 14 | officer, or any other person, to search, view, or access any | ||||||
| 15 | other data or application on the mobile device. If a person | ||||||
| 16 | presents the person's mobile device to a law enforcement | ||||||
| 17 | officer for purposes of displaying a mobile identification | ||||||
| 18 | card, the law enforcement officer shall promptly return the | ||||||
| 19 | mobile device to the person once the officer has had an | ||||||
| 20 | opportunity to verify the identity of the person. Except for | ||||||
| 21 | willful and wanton misconduct, any law enforcement officer, | ||||||
| 22 | court, or officer of the court presented with the device shall | ||||||
| 23 | be immune from any liability resulting from damage to the | ||||||
| 24 | mobile device. | ||||||
| 25 | (m) The fee to install the application to display a mobile | ||||||
| 26 | identification card as defined in this subsection shall not | ||||||
| |||||||
| |||||||
| 1 | exceed $6. | ||||||
| 2 | (n) As used in this Section: | ||||||
| 3 | "AAMVA" means the American Association of Motor Vehicle | ||||||
| 4 | Administrators. | ||||||
| 5 | "Credential" means a driver's license, learner's permit, | ||||||
| 6 | or identification card. | ||||||
| 7 | "Credential holder" means the individual to whom a mobile | ||||||
| 8 | driver's license or a mobile identification card is issued. | ||||||
| 9 | "Data element" means a distinct component of a customer's | ||||||
| 10 | information that is found on the Department's customer record. | ||||||
| 11 | "Department" means the Secretary of State Department of | ||||||
| 12 | Driver Services. | ||||||
| 13 | "Electronic credential" means an electronic extension of | ||||||
| 14 | the departmental issued physical credential that conveys | ||||||
| 15 | identity and complies with AAMVA's mobile driver license | ||||||
| 16 | Implementation guidelines and the ISO/IEC 18013-5 standard. | ||||||
| 17 | "Electronic credential system" means a digital process | ||||||
| 18 | that includes a method for provisioning electronic | ||||||
| 19 | credentials, requesting and transmitting electronic credential | ||||||
| 20 | data elements, and performing tasks to maintain the system. | ||||||
| 21 | "Full profile" means all the information provided on an | ||||||
| 22 | identification card. | ||||||
| 23 | "ISO" means the International Organization for | ||||||
| 24 | Standardization, which creates uniform processes and | ||||||
| 25 | procedures. | ||||||
| 26 | "Limited profile" means a portion of the information | ||||||
| |||||||
| |||||||
| 1 | provided on an Identification Card. | ||||||
| 2 | "Mobile identification card" means a data file that is | ||||||
| 3 | available on any mobile device that has connectivity to the | ||||||
| 4 | Internet through an application that allows the mobile device | ||||||
| 5 | to download the data file from the Secretary of State, that | ||||||
| 6 | contains all the data elements visible on the face and back of | ||||||
| 7 | an identification card, and that displays the current status | ||||||
| 8 | of the identification card. "Mobile identification card" does | ||||||
| 9 | not include a copy, photograph, or image of an Illinois | ||||||
| 10 | Identification Card that is not downloaded through the | ||||||
| 11 | application on a mobile device. | ||||||
| 12 | "Physical credential" means a Department-issued Department | ||||||
| 13 | issued document that conveys identity in accordance with the | ||||||
| 14 | Illinois Identification Card Act. | ||||||
| 15 | "Provision" means the initial loading of an electronic | ||||||
| 16 | credential onto a device. | ||||||
| 17 | "Relying party" means the entity to which the credential | ||||||
| 18 | holder presents the electronic credential. | ||||||
| 19 | "Verification process" means a method of authenticating | ||||||
| 20 | the electronic credential through the use of secured | ||||||
| 21 | encryption communication. | ||||||
| 22 | (o) (f) Upon providing the required documentation, at the | ||||||
| 23 | request of the applicant, the identification card may reflect | ||||||
| 24 | Gold Star Family designation. The Secretary shall designate a | ||||||
| 25 | space on each original or renewal of an identification card | ||||||
| 26 | for such designation. This designation shall be available to a | ||||||
| |||||||
| |||||||
| 1 | person eligible for Gold Star license plates under subsection | ||||||
| 2 | (f) of Section 6-106 of the Illinois Vehicle Code. | ||||||
| 3 | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||||||
| 4 | 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff. | ||||||
| 5 | 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised | ||||||
| 6 | 11-26-24.) | ||||||
| 7 | (15 ILCS 335/5) | ||||||
| 8 | Sec. 5. Applications. | ||||||
| 9 | (a) Any natural person who is a resident of the State of | ||||||
| 10 | Illinois may file an application for an identification card, | ||||||
| 11 | or for the renewal thereof, in a manner prescribed by the | ||||||
| 12 | Secretary. Each original application shall be completed by the | ||||||
| 13 | applicant in full and shall set forth the legal name, | ||||||
| 14 | residence address and zip code, social security number, if the | ||||||
| 15 | person has a social security number, birth date, sex and a | ||||||
| 16 | brief description of the applicant. The applicant shall be | ||||||
| 17 | photographed, unless the Secretary of State has provided by | ||||||
| 18 | rule for the issuance of identification cards without | ||||||
| 19 | photographs and the applicant is deemed eligible for an | ||||||
| 20 | identification card without a photograph under the terms and | ||||||
| 21 | conditions imposed by the Secretary of State, and he or she | ||||||
| 22 | shall also submit any other information as the Secretary may | ||||||
| 23 | deem necessary or such documentation as the Secretary may | ||||||
| 24 | require to determine the identity of the applicant. In | ||||||
| 25 | addition to the residence address, the Secretary may allow the | ||||||
| |||||||
| |||||||
| 1 | applicant to provide a mailing address. If the applicant is an | ||||||
| 2 | employee of the Department of Children and Family Services | ||||||
| 3 | with a job title of "Child Protection Specialist Trainee", | ||||||
| 4 | "Child Protection Specialist", "Child Protection Advanced | ||||||
| 5 | Specialist", "Child Welfare Specialist Trainee", "Child | ||||||
| 6 | Welfare Specialist", or "Child Welfare Advanced Specialist" or | ||||||
| 7 | a judicial officer as defined in Section 1-10 of the | ||||||
| 8 | Government Official Judicial Privacy Act or a peace officer, | ||||||
| 9 | the applicant may elect to have his or her office or work | ||||||
| 10 | address in lieu of the applicant's residence or mailing | ||||||
| 11 | address. An applicant for an Illinois Person with a Disability | ||||||
| 12 | Identification Card must also submit with each original or | ||||||
| 13 | renewal application, on forms prescribed by the Secretary, | ||||||
| 14 | such documentation as the Secretary may require, establishing | ||||||
| 15 | that the applicant is a "person with a disability" as defined | ||||||
| 16 | in Section 4A of this Act, and setting forth the applicant's | ||||||
| 17 | type and class of disability as set forth in Section 4A of this | ||||||
| 18 | Act. For the purposes of this subsection (a), "peace officer" | ||||||
| 19 | means any person who by virtue of his or her office or public | ||||||
| 20 | employment is vested by law with a duty to maintain public | ||||||
| 21 | order or to make arrests for a violation of any penal statute | ||||||
| 22 | of this State, whether that duty extends to all violations or | ||||||
| 23 | is limited to specific violations. | ||||||
| 24 | (a-5) Upon the first issuance of a request for proposals | ||||||
| 25 | for a digital driver's license and identification card | ||||||
| 26 | issuance and facial recognition system issued after January 1, | ||||||
| |||||||
| |||||||
| 1 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
| 2 | implementation of a new or revised system procured pursuant to | ||||||
| 3 | that request for proposals, the Secretary shall permit | ||||||
| 4 | applicants to choose between "male", "female", or "non-binary" | ||||||
| 5 | when designating the applicant's sex on the identification | ||||||
| 6 | card application form. The sex designated by the applicant | ||||||
| 7 | shall be displayed on the identification card issued to the | ||||||
| 8 | applicant. | ||||||
| 9 | (b) Beginning on or before July 1, 2015, for each original | ||||||
| 10 | or renewal identification card application under this Act, the | ||||||
| 11 | Secretary shall inquire as to whether the applicant is a | ||||||
| 12 | veteran for purposes of issuing an identification card with a | ||||||
| 13 | veteran designation under subsection (c-5) of Section 4 of | ||||||
| 14 | this Act. The acceptable forms of proof shall include, but are | ||||||
| 15 | not limited to, Department of Defense form DD-214, Department | ||||||
| 16 | of Defense form DD-256 for applicants who did not receive a | ||||||
| 17 | form DD-214 upon the completion of initial basic training, | ||||||
| 18 | Department of Defense form DD-2 (Retired), an identification | ||||||
| 19 | card issued under the federal Veterans Identification Card Act | ||||||
| 20 | of 2015, or a United States Department of Veterans Affairs | ||||||
| 21 | summary of benefits letter. If the document cannot be stamped, | ||||||
| 22 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
| 23 | certificate to the veteran to provide to the Secretary of | ||||||
| 24 | State. The Illinois Department of Veterans' Affairs shall | ||||||
| 25 | advise the Secretary as to what other forms of proof of a | ||||||
| 26 | person's status as a veteran are acceptable. | ||||||
| |||||||
| |||||||
| 1 | For each applicant who is issued an identification card | ||||||
| 2 | with a veteran designation, the Secretary shall provide the | ||||||
| 3 | Department of Veterans' Affairs with the applicant's name, | ||||||
| 4 | address, date of birth, gender, and such other demographic | ||||||
| 5 | information as agreed to by the Secretary and the Department. | ||||||
| 6 | The Department may take steps necessary to confirm the | ||||||
| 7 | applicant is a veteran. If after due diligence, including | ||||||
| 8 | writing to the applicant at the address provided by the | ||||||
| 9 | Secretary, the Department is unable to verify the applicant's | ||||||
| 10 | veteran status, the Department shall inform the Secretary, who | ||||||
| 11 | shall notify the applicant that he or she must confirm status | ||||||
| 12 | as a veteran, or the identification card will be canceled | ||||||
| 13 | cancelled. | ||||||
| 14 | For purposes of this subsection (b): | ||||||
| 15 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 16 | States, including a member of any reserve component or | ||||||
| 17 | National Guard unit. | ||||||
| 18 | "Veteran" means a person who has served in the armed | ||||||
| 19 | forces and was discharged or separated under honorable | ||||||
| 20 | conditions. | ||||||
| 21 | (b-1) An applicant who is eligible for Gold Star license | ||||||
| 22 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
| 23 | apply for an identification card with space for a designation | ||||||
| 24 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
| 25 | application. If the Secretary does not waive the fee, any fee | ||||||
| 26 | charged to the applicant must be deposited into the Illinois | ||||||
| |||||||
| |||||||
| 1 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
| 2 | rules to implement this subsection. | ||||||
| 3 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
| 4 | Identification Cards and Illinois Person with a Disability | ||||||
| 5 | Identification Cards shall provide proof of lawful status in | ||||||
| 6 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
| 7 | Applicants who are unable to provide the Secretary with proof | ||||||
| 8 | of lawful status are ineligible for REAL ID compliant | ||||||
| 9 | identification cards under this Act. | ||||||
| 10 | (d) The Secretary of State may accept, as proof of date of | ||||||
| 11 | birth and written signature for any applicant for a standard | ||||||
| 12 | identification card who does not have a social security number | ||||||
| 13 | or documentation issued by the United States Department of | ||||||
| 14 | Homeland Security authorizing the applicant's presence in this | ||||||
| 15 | country, any passport validly issued to the applicant from the | ||||||
| 16 | applicant's country of citizenship or a consular | ||||||
| 17 | identification document validly issued to the applicant by a | ||||||
| 18 | consulate of that country as defined in Section 5 of the | ||||||
| 19 | Consular Identification Document Act. Any such documents must | ||||||
| 20 | be either unexpired or presented by an applicant within 2 | ||||||
| 21 | years of its expiration date. | ||||||
| 22 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; | ||||||
| 23 | 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.) | ||||||
| 24 | Section 20. The Illinois Vehicle Code is amended by | ||||||
| 25 | changing Section 3-405 as follows: | ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405) | ||||||
| 2 | Sec. 3-405. Application for registration. | ||||||
| 3 | (a) Every owner of a vehicle subject to registration under | ||||||
| 4 | this Code shall make application to the Secretary of State for | ||||||
| 5 | the registration of such vehicle upon the appropriate form or | ||||||
| 6 | forms furnished by the Secretary. Every such original | ||||||
| 7 | application shall bear the signature of the owner written with | ||||||
| 8 | pen and ink and contain: | ||||||
| 9 | 1. The name, domicile address, as defined in Section | ||||||
| 10 | 1-115.5 of this Code, (except as otherwise provided in | ||||||
| 11 | this paragraph 1), mail address of the owner or business | ||||||
| 12 | address of the owner if a firm, association, or | ||||||
| 13 | corporation, and, if available, email address of the | ||||||
| 14 | owner. If the mailing address is a post office box number, | ||||||
| 15 | the address listed on the driver license record may be | ||||||
| 16 | used to verify residence. A police officer, a deputy | ||||||
| 17 | sheriff, an elected sheriff, a law enforcement officer for | ||||||
| 18 | the Illinois State Police, a fire investigator, a state's | ||||||
| 19 | attorney, an assistant state's attorney, a state's | ||||||
| 20 | attorney special investigator, or a judicial officer may | ||||||
| 21 | elect to furnish the address of the headquarters of the | ||||||
| 22 | governmental entity, police district, or business address | ||||||
| 23 | where he or she works instead of his or her domicile | ||||||
| 24 | address, in which case that address shall be deemed to be | ||||||
| 25 | his or her domicile address for all purposes under this | ||||||
| |||||||
| |||||||
| 1 | Chapter 3. The spouse and children of a person who may | ||||||
| 2 | elect under this paragraph 1 to furnish the address of the | ||||||
| 3 | headquarters of the government entity, police district, or | ||||||
| 4 | business address where the person works instead of the | ||||||
| 5 | person's domicile address may, if they reside with that | ||||||
| 6 | person, also elect to furnish the address of the | ||||||
| 7 | headquarters of the government entity, police district, or | ||||||
| 8 | business address where the person works as their domicile | ||||||
| 9 | address, in which case that address shall be deemed to be | ||||||
| 10 | their domicile address for all purposes under this Chapter | ||||||
| 11 | 3. In this paragraph 1: (A) "police officer" has the | ||||||
| 12 | meaning ascribed to "policeman" in Section 10-3-1 of the | ||||||
| 13 | Illinois Municipal Code; (B) "deputy sheriff" means a | ||||||
| 14 | deputy sheriff appointed under Section 3-6008 of the | ||||||
| 15 | Counties Code; (C) "elected sheriff" means a sheriff | ||||||
| 16 | commissioned pursuant to Section 3-6001 of the Counties | ||||||
| 17 | Code; (D) "fire investigator" means a person classified as | ||||||
| 18 | a peace officer under the Peace Officer Fire Investigation | ||||||
| 19 | Act; (E) "state's attorney", "assistant state's attorney", | ||||||
| 20 | and "state's attorney special investigator" mean a state's | ||||||
| 21 | attorney, assistant state's attorney, and state's attorney | ||||||
| 22 | special investigator commissioned or appointed under | ||||||
| 23 | Division 3-9 of the Counties Code; and (F) "judicial | ||||||
| 24 | officer" has the meaning ascribed to it in Section 1-10 of | ||||||
| 25 | the Government Official Judicial Privacy Act. | ||||||
| 26 | 2. A description of the vehicle, including such | ||||||
| |||||||
| |||||||
| 1 | information as is required in an application for a | ||||||
| 2 | certificate of title, determined under such standard | ||||||
| 3 | rating as may be prescribed by the Secretary. | ||||||
| 4 | 3. (Blank). | ||||||
| 5 | 3.5. A space for a voluntary disclosure of a condition | ||||||
| 6 | that impedes effective communication under Section | ||||||
| 7 | 3-405.5. | ||||||
| 8 | 4. Such further information as may reasonably be | ||||||
| 9 | required by the Secretary to enable him to determine | ||||||
| 10 | whether the vehicle is lawfully entitled to registration | ||||||
| 11 | and the owner entitled to a certificate of title. | ||||||
| 12 | 5. An affirmation by the applicant that all | ||||||
| 13 | information set forth is true and correct. If the | ||||||
| 14 | application is for the registration of a motor vehicle, | ||||||
| 15 | the applicant also shall affirm that the motor vehicle is | ||||||
| 16 | insured as required by this Code, that such insurance will | ||||||
| 17 | be maintained throughout the period for which the motor | ||||||
| 18 | vehicle shall be registered, and that neither the owner, | ||||||
| 19 | nor any person operating the motor vehicle with the | ||||||
| 20 | owner's permission, shall operate the motor vehicle unless | ||||||
| 21 | the required insurance is in effect. If the person signing | ||||||
| 22 | the affirmation is not the sole owner of the vehicle, such | ||||||
| 23 | person shall be deemed to have affirmed on behalf of all | ||||||
| 24 | the owners of the vehicle. If the person signing the | ||||||
| 25 | affirmation is not an owner of the vehicle, such person | ||||||
| 26 | shall be deemed to have affirmed on behalf of the owner or | ||||||
| |||||||
| |||||||
| 1 | owners of the vehicle. The lack of signature on the | ||||||
| 2 | application shall not in any manner exempt the owner or | ||||||
| 3 | owners from any provisions, requirements or penalties of | ||||||
| 4 | this Code. | ||||||
| 5 | (b) When such application refers to a new vehicle | ||||||
| 6 | purchased from a dealer the application shall be accompanied | ||||||
| 7 | by a Manufacturer's Statement of Origin from the dealer, and a | ||||||
| 8 | statement showing any lien retained by the dealer. | ||||||
| 9 | (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.) | ||||||
| 10 | Section 25. The Judicial Privacy Act is amended by | ||||||
| 11 | changing Sections 1-1, 1-5, 1-10, 2-1, 2-5, 2-10, and 3-1 as | ||||||
| 12 | follows: | ||||||
| 13 | (705 ILCS 90/1-1) | ||||||
| 14 | Sec. 1-1. Short title. This Act may be cited as the | ||||||
| 15 | Government Official Judicial Privacy Act. | ||||||
| 16 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
| 17 | (705 ILCS 90/1-5) | ||||||
| 18 | Sec. 1-5. Purpose. The purpose of this Act is to improve | ||||||
| 19 | the safety and security of Illinois government officials | ||||||
| 20 | judicial officers to ensure they are able to perform their | ||||||
| 21 | official duties administer justice fairly without fear of | ||||||
| 22 | personal reprisal from individuals affected by the decisions | ||||||
| 23 | they make in the course of carrying out their public function. | ||||||
| |||||||
| |||||||
| 1 | This Act is not intended to restrain a government official | ||||||
| 2 | judicial officer from independently making public his or her | ||||||
| 3 | own personal information. Additionally, no government agency, | ||||||
| 4 | person, business, or association has any obligation under this | ||||||
| 5 | Act to protect the privacy of a government official's judicial | ||||||
| 6 | officer's personal information until the government official | ||||||
| 7 | judicial officer makes a written request that his or her | ||||||
| 8 | personal information not be publicly posted. | ||||||
| 9 | Nothing in this Act shall be construed to impair free | ||||||
| 10 | access to decisions and opinions expressed by government | ||||||
| 11 | officials judicial officers in the course of carrying out | ||||||
| 12 | their public functions. | ||||||
| 13 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
| 14 | (705 ILCS 90/1-10) | ||||||
| 15 | Sec. 1-10. Definitions. As used in this Act: | ||||||
| 16 | "Executive officer" means the Governor, Lieutenant | ||||||
| 17 | Governor, Attorney General, Secretary of State, Comptroller, | ||||||
| 18 | Treasurer, and Auditor General. | ||||||
| 19 | "Government agency" includes all agencies, authorities, | ||||||
| 20 | boards, commissions, departments, institutions, offices, and | ||||||
| 21 | any other bodies politic and corporate of the State created by | ||||||
| 22 | the constitution or statute, whether in the executive, | ||||||
| 23 | judicial, or legislative branch; all units and corporate | ||||||
| 24 | outgrowths created by executive order of the Governor or any | ||||||
| 25 | constitutional officer, by the Supreme Court, or by resolution | ||||||
| |||||||
| |||||||
| 1 | of the General Assembly; or agencies, authorities, boards, | ||||||
| 2 | commissions, departments, institutions, offices, and any other | ||||||
| 3 | bodies politic and corporate of a unit of local government, or | ||||||
| 4 | school district. | ||||||
| 5 | "Government official" means any judicial officer, | ||||||
| 6 | legislative officer, or executive officer. | ||||||
| 7 | "Legislative officer" means a State Senator or State | ||||||
| 8 | Representative in the General Assembly. | ||||||
| 9 | "Home address" includes a government official's judicial | ||||||
| 10 | officer's permanent residence and any secondary residences | ||||||
| 11 | affirmatively identified by the government official judicial | ||||||
| 12 | officer, but does not include a government official's judicial | ||||||
| 13 | officer's work address. | ||||||
| 14 | "Immediate family" includes a government official's | ||||||
| 15 | judicial officer's spouse, child, parent, or any blood | ||||||
| 16 | relative of the judicial officer or the government official's | ||||||
| 17 | judicial officer's spouse who lives in the same residence. | ||||||
| 18 | "Judicial officer" includes actively employed and former | ||||||
| 19 | or deceased: | ||||||
| 20 | (1) Justices of the United States Supreme Court and | ||||||
| 21 | the Illinois Supreme Court; | ||||||
| 22 | (2) Judges of the United States Court of Appeals; | ||||||
| 23 | (3) Judges and magistrate judges of the United States | ||||||
| 24 | District Court; | ||||||
| 25 | (4) Judges of the United States Bankruptcy Court; | ||||||
| 26 | (5) Judges of the Illinois Appellate Court; and | ||||||
| |||||||
| |||||||
| 1 | (6) Judges and associate judges of the Illinois | ||||||
| 2 | Circuit Courts. | ||||||
| 3 | "Personal information" means a home address, home | ||||||
| 4 | telephone number, mobile telephone number, pager number, | ||||||
| 5 | personal email address, social security number, federal tax | ||||||
| 6 | identification number, checking and savings account numbers, | ||||||
| 7 | credit card numbers, marital status, and identity of children | ||||||
| 8 | under the age of 18. | ||||||
| 9 | "Publicly available content" means any written, printed, | ||||||
| 10 | or electronic document or record that provides information or | ||||||
| 11 | that serves as a document or record maintained, controlled, or | ||||||
| 12 | in the possession of a government agency that may be obtained | ||||||
| 13 | by any person or entity, from the Internet, from the | ||||||
| 14 | government agency upon request either free of charge or for a | ||||||
| 15 | fee, or in response to a request under the Freedom of | ||||||
| 16 | Information Act. | ||||||
| 17 | "Publicly post" or "publicly display" means to communicate | ||||||
| 18 | to another or otherwise make available to the general public. | ||||||
| 19 | "Written request" means written notice signed by a | ||||||
| 20 | government official judicial officer or a representative of | ||||||
| 21 | the government official's judicial officer's employer | ||||||
| 22 | requesting a government agency, person, business, or | ||||||
| 23 | association to refrain from posting or displaying publicly | ||||||
| 24 | available content that includes the government official's | ||||||
| 25 | judicial officer's personal information. | ||||||
| 26 | (Source: P.A. 100-98, eff. 8-11-17.) | ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 90/2-1) | ||||||
| 2 | Sec. 2-1. Publicly posting or displaying a government | ||||||
| 3 | official's judicial officer's personal information by | ||||||
| 4 | government agencies. | ||||||
| 5 | (a) Government agencies shall not publicly post or display | ||||||
| 6 | publicly available content that includes a government | ||||||
| 7 | official's judicial officer's personal information, provided | ||||||
| 8 | that the government agency has received a written request in | ||||||
| 9 | accordance with Section 2-10 of this Act that it refrain from | ||||||
| 10 | disclosing the government official's judicial officer's | ||||||
| 11 | personal information. After a government agency has received a | ||||||
| 12 | written request, that agency shall remove the government | ||||||
| 13 | official's judicial officer's personal information from | ||||||
| 14 | publicly available content within 5 business days. After the | ||||||
| 15 | government agency has removed the government official's | ||||||
| 16 | judicial officer's personal information from publicly | ||||||
| 17 | available content, the agency shall not publicly post or | ||||||
| 18 | display the information and the government official's judicial | ||||||
| 19 | officer's personal information shall be exempt from the | ||||||
| 20 | Freedom of Information Act unless the government agency has | ||||||
| 21 | received consent from the government official judicial officer | ||||||
| 22 | to make the personal information available to the public. | ||||||
| 23 | (b) Redress. If a government agency fails to comply with a | ||||||
| 24 | written request to refrain from disclosing personal | ||||||
| 25 | information, the government official judicial officer may | ||||||
| |||||||
| |||||||
| 1 | bring an action seeking injunctive or declaratory relief in | ||||||
| 2 | any court of competent jurisdiction. | ||||||
| 3 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
| 4 | (705 ILCS 90/2-5) | ||||||
| 5 | Sec. 2-5. Publicly posting a government official's | ||||||
| 6 | judicial officer's personal information on the Internet by | ||||||
| 7 | persons, businesses, and associations. | ||||||
| 8 | (a) Prohibited Conduct. | ||||||
| 9 | (1) All persons, businesses, and associations shall | ||||||
| 10 | refrain from publicly posting or displaying on the | ||||||
| 11 | Internet publicly available content that includes a | ||||||
| 12 | government official's judicial officer's personal | ||||||
| 13 | information, provided that the government official | ||||||
| 14 | judicial officer has made a written request to the person, | ||||||
| 15 | business, or association that it refrain from disclosing | ||||||
| 16 | the personal information. | ||||||
| 17 | (2) No person, business, or association shall solicit, | ||||||
| 18 | sell, or trade on the Internet a government official's | ||||||
| 19 | judicial officer's personal information with the intent to | ||||||
| 20 | pose an imminent and serious threat to the health and | ||||||
| 21 | safety of the government official judicial officer or the | ||||||
| 22 | government official's judicial officer's immediate family. | ||||||
| 23 | (3) This subsection includes, but is not limited to, | ||||||
| 24 | Internet phone directories, Internet search engines, | ||||||
| 25 | Internet data aggregators, and Internet service providers. | ||||||
| |||||||
| |||||||
| 1 | (b) Required Conduct. | ||||||
| 2 | (1) After a person, business, or association has | ||||||
| 3 | received a written request from a government official | ||||||
| 4 | judicial officer to protect the privacy of the official's | ||||||
| 5 | officer's personal information, that person, business, or | ||||||
| 6 | association shall have 72 hours to remove the personal | ||||||
| 7 | information from the Internet. | ||||||
| 8 | (2) After a person, business, or association has | ||||||
| 9 | received a written request from a government official | ||||||
| 10 | judicial officer, that person, business, or association | ||||||
| 11 | shall ensure that the government official's judicial | ||||||
| 12 | officer's personal information is not made available on | ||||||
| 13 | any website or subsidiary website controlled by that | ||||||
| 14 | person, business, or association. | ||||||
| 15 | (3) After receiving a government official's judicial | ||||||
| 16 | officer's written request, no person, business, or | ||||||
| 17 | association shall transfer the government official's | ||||||
| 18 | judicial officer's personal information to any other | ||||||
| 19 | person, business, or association through any medium. | ||||||
| 20 | (c) Redress. A government official judicial officer whose | ||||||
| 21 | personal information is made public as a result of a violation | ||||||
| 22 | of this Act may bring an action seeking injunctive or | ||||||
| 23 | declaratory relief in any court of competent jurisdiction. If | ||||||
| 24 | the court grants injunctive or declaratory relief, the person, | ||||||
| 25 | business, or association responsible for the violation shall | ||||||
| 26 | be required to pay the government official's judicial | ||||||
| |||||||
| |||||||
| 1 | officer's costs and reasonable attorney's fees. | ||||||
| 2 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
| 3 | (705 ILCS 90/2-10) | ||||||
| 4 | Sec. 2-10. Procedure for completing a written request. | ||||||
| 5 | (a) Requirement that a government official judicial | ||||||
| 6 | officer make a written request. No government agency, person, | ||||||
| 7 | business, or association shall be found to have violated any | ||||||
| 8 | provision of this Act if the government official judicial | ||||||
| 9 | officer fails to submit a written request calling for the | ||||||
| 10 | protection of the official's officer's personal information. | ||||||
| 11 | (b) Written request procedure. A written request shall be | ||||||
| 12 | valid if: | ||||||
| 13 | (1) The government official judicial officer sends a | ||||||
| 14 | written request directly to a government agency, person, | ||||||
| 15 | business, or association; or | ||||||
| 16 | (2) In the case of a judicial officer, if If the | ||||||
| 17 | Administrative Office of the Illinois Courts has a policy | ||||||
| 18 | and procedure for a state judicial officer to file the | ||||||
| 19 | written request with the Administrative Office to notify | ||||||
| 20 | government agencies, the state judicial officer may send | ||||||
| 21 | the written request to the Administrative Office of the | ||||||
| 22 | Illinois Courts. In each quarter of a calendar year, the | ||||||
| 23 | Administrative Office of the Illinois Courts shall provide | ||||||
| 24 | a list of all state judicial officers who have submitted a | ||||||
| 25 | written request to it, to the appropriate officer with | ||||||
| |||||||
| |||||||
| 1 | ultimate supervisory authority for a government agency. | ||||||
| 2 | The officer shall promptly provide a copy of the list to | ||||||
| 3 | any and all government agencies under his or her | ||||||
| 4 | supervision. Receipt of the written request list compiled | ||||||
| 5 | by the Administrative Office of the Illinois Courts by a | ||||||
| 6 | government agency shall constitute a written request to | ||||||
| 7 | that Agency for the purposes of this Act. | ||||||
| 8 | (c) A representative from the government official's | ||||||
| 9 | judicial officer's employer may submit a written request on | ||||||
| 10 | the government official's judicial officer's behalf, provided | ||||||
| 11 | that the government official judicial officer gives written | ||||||
| 12 | consent to the representative and provided that the | ||||||
| 13 | representative agrees to furnish a copy of that consent when a | ||||||
| 14 | written request is made. The representative shall submit the | ||||||
| 15 | written request as provided in subsection (b) of this Section. | ||||||
| 16 | (d) Information to be included in the written request. A | ||||||
| 17 | government official's judicial officer's written request shall | ||||||
| 18 | specify what personal information shall be maintained private. | ||||||
| 19 | If a government official judicial officer wishes to | ||||||
| 20 | identify a secondary residence as a home address, as that term | ||||||
| 21 | is defined in this Act, the designation shall be made in the | ||||||
| 22 | written request. | ||||||
| 23 | A government official judicial officer shall disclose the | ||||||
| 24 | identity of the official's officer's immediate family and | ||||||
| 25 | indicate that the personal information of these family members | ||||||
| 26 | shall also be excluded to the extent that it could reasonably | ||||||
| |||||||
| |||||||
| 1 | be expected to reveal the personal information of the | ||||||
| 2 | government official judicial officer. | ||||||
| 3 | (e) Duration of the written request. A government | ||||||
| 4 | official's judicial officer's written request is valid until | ||||||
| 5 | the government official judicial officer provides the | ||||||
| 6 | government agency, person, business, or association with | ||||||
| 7 | written permission to release the private information. A | ||||||
| 8 | government official's judicial officer's written request | ||||||
| 9 | expires on death. | ||||||
| 10 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
| 11 | (705 ILCS 90/3-1) | ||||||
| 12 | Sec. 3-1. Unlawful publication of personal information. It | ||||||
| 13 | is unlawful for any person to knowingly publicly post on the | ||||||
| 14 | Internet the personal information of a government official | ||||||
| 15 | judicial officer or of the government official's judicial | ||||||
| 16 | officer's immediate family if the person knows or reasonably | ||||||
| 17 | should know that publicly posting the personal information | ||||||
| 18 | poses an imminent and serious threat to the health and safety | ||||||
| 19 | of the government official judicial officer or the government | ||||||
| 20 | official's judicial officer's immediate family, and the | ||||||
| 21 | violation is a proximate cause of bodily injury or death of the | ||||||
| 22 | government official judicial officer or a member of the | ||||||
| 23 | government official's judicial officer's immediate family. A | ||||||
| 24 | person who violates this Section is guilty of a Class 3 felony. | ||||||
| 25 | (Source: P.A. 97-847, eff. 9-22-12.) | ||||||
