Bill Text: IL HB0395 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Identification Card Act. Provides that the Secretary of State shall refuse to issue a REAL ID compliant identification card to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Provides that any person may surrender a REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card. Provides that the Secretary may issue both REAL ID compliant identification cards and non-compliant identification cards, and may permit applicants to designate which type of identification card they wish to receive. Provides that all provisions applicable to non-compliant identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. Requires the Secretary to establish by rule the date on which issuance of REAL ID compliant identification cards will begin. Provides for the issuance of confidential identification cards as either REAL ID compliant identification cards or non-compliant identification cards. Provides that every identification card or Illinois Person with a Disability Identification Card issued to an applicant who is not a United States citizen or permanent resident shall be marked "Limited Term" and shall expire, if the earliest among other potential expiration dates, one year from the date of issuance of a Limited Term REAL ID compliant identification card. Amends the Illinois Vehicle Code to make similar changes concerning issuance of driver's licenses. Defines terms. Makes conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0248 [HB0395 Detail]

Download: Illinois-2017-HB0395-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Sections 1A, 2, 4D, 5, and 8 as follows:
(15 ILCS 335/1A)
Sec. 1A. Definitions. As used in this Act:
"Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
"Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by the
Secretary of State.
"Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph

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location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point 12
point type on the photograph side of the card, and no such card
shall be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
"Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the associated
official document presented to the Secretary of State.
"Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), and telephone number.
"Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

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"Youth for whom the Department of Children and Family
Services is legally responsible for" or "foster "Foster child"
means a child or youth whose guardianship or custody has been
accepted by the Department of Children and Family Services
pursuant to the Juvenile Court Act of 1987, the Children and
Family Services Act, the Abused and Neglected Child Reporting
Act, and the Adoption Act. This applies to children for whom
the Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order, or
children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
"REAL ID compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in compliance with the
REAL ID Act and implementing regulations. REAL ID compliant
identification cards shall bear a security marking approved by
the United States Department of Homeland Security.
"Non-compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in a manner which is not
compliant with the REAL ID Act and implementing regulations.
Non-compliant identification cards shall be marked "Not for
Federal Identification" and shall have a color or design
different from the REAL ID compliant identification card.
"Limited Term REAL ID compliant identification card" means
a REAL ID compliant identification card issued to persons who

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are not permanent residents or citizens of the United States,
and marked "Limited Term" on the face of the card.
(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
(15 ILCS 335/2) (from Ch. 124, par. 22)
Sec. 2. Administration and powers and duties of the
Administrator.
(a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
(b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
1. He shall organize the administration of this Act as
he may deem necessary and appoint such subordinate
officers, clerks and other employees as may be necessary.
2. From time to time, he may make, amend or rescind
rules and regulations as may be in the public interest to
implement the Act.
3. He may prescribe or provide suitable forms as
necessary, including such forms as are necessary to
establish that an applicant for an Illinois Person with a
Disability Identification Card is a "person with a
disability" as defined in Section 4A of this Act, and
establish that an applicant for a State identification card
is a "homeless person" as defined in Section 1A of this
Act.

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4. He may prepare under the seal of the Secretary of
State certified copies of any records utilized under this
Act and any such certified copy shall be admissible in any
proceeding in any court in like manner as the original
thereof.
5. Records compiled under this Act shall be maintained
for 6 years, but the Secretary may destroy such records
with the prior approval of the State Records Commission.
6. He shall examine and determine the genuineness,
regularity and legality of every application filed with him
under this Act, and he may in all cases investigate the
same, require additional information or proof or
documentation from any applicant.
7. He shall require the payment of all fees prescribed
in this Act, and all such fees received by him shall be
placed in the Road Fund of the State treasury except as
otherwise provided in Section 12 of this Act. Whenever any
application to the Secretary for an identification card
under this Act is accompanied by any fee, as required by
law, and the application is denied after a review of
eligibility, which may include facial recognition
comparison, the applicant shall not be entitled to a refund
of any fees paid.
8. Beginning July 1, 2017, he shall refuse to issue a
REAL ID compliant any identification card under this Act to
any person who has been issued a REAL ID compliant driver's

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license under the Illinois Vehicle Code. Any such person
may, at his or her discretion, surrender the REAL ID
compliant driver's license in order to become eligible to
obtain a REAL ID compliant an identification card.
9. The Secretary may issue both REAL ID compliant
identification cards and non-compliant identification
cards, and may permit applicants to designate which type of
identification card they wish to receive. All provisions of
this Act applicable to non-compliant identification cards
shall also apply to REAL ID compliant identification cards,
except where the provisions are inconsistent with the REAL
ID Act and implementing regulations. The Secretary shall
establish by rule the date on which issuance of REAL ID
compliant identification cards will begin.
(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
99-511, eff. 1-1-17; 99-642, eff. 7-28-16.)
(15 ILCS 335/4D)
Sec. 4D. Issuance of confidential identification cards.
(a) Requirements for use of confidential identification
cards. Confidential identification cards may be issued to
local, state, and federal government agencies for bona fide law
enforcement purposes. The identification cards may be issued in
fictitious names and addresses, and may be used only in
confidential, investigative, or undercover law enforcement
operations. Confidential identification cards may be issued as

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REAL ID compliant or non-compliant identification cards.
(b) Application procedures for confidential identification
cards:
(1) Applications by local, state, and federal
government agencies for confidential identification cards
must be made to the Secretary of State Police Department on
a form and in a manner prescribed by the Secretary of State
Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the
identification cards and the uses to which the
identification cards will be limited.
(3) The application form must be signed and verified by
the local, state, or federal government agency head or
designee.
(4) Information maintained by the Secretary of State
Police Department for confidential identification cards
must show the fictitious names and addresses on all records
subject to public disclosure. All other information
concerning these confidential identification cards are
exempt from disclosure unless the disclosure is ordered by
a court of competent jurisdiction.
(c) Cancellation procedures for confidential
identification cards:
(1) The Secretary of State Police Department may cancel

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or refuse to renew confidential identification cards when
they have reasonable cause to believe the cards are being
used for purposes other than those set forth in the
application form or authorized by this Section.
(2) A government agency must request cancellation of
confidential identification cards that are no longer
required for the purposes for which they were issued.
(3) Upon the request of the Secretary of State Police
Department, all cancelled confidential identification
cards must be promptly returned to the Secretary of State
Police Department by the government agency to which they
were issued.
(Source: P.A. 96-549, eff. 8-17-09; 96-1000, eff. 7-2-10.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card, or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an

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identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act
or a peace officer, the applicant may elect to have his or her
office or work address in lieu of the applicant's residence or
mailing address. An applicant for an Illinois Person with a
Disability Identification Card must also submit with each
original or renewal application, on forms prescribed by the
Secretary, such documentation as the Secretary may require,
establishing that the applicant is a "person with a disability"
as defined in Section 4A of this Act, and setting forth the
applicant's type and class of disability as set forth in
Section 4A of this Act. For the purposes of this subsection
(a), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a

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veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not
limited to, Department of Defense form DD-214. The Illinois
Department of Veterans' Affairs shall advise the Secretary as
to what other forms of proof of a person's status as a veteran
are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
"Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(c) All Beginning July 1, 2017, all applicants for REAL ID
compliant standard Illinois Identification Cards and Illinois
Person with a Disability Identification Cards shall provide
proof of lawful status in the United States as defined in 6 CFR
37.3, as amended. Applicants who are unable to provide the
Secretary with proof of lawful status are ineligible for REAL
ID compliant identification cards under this Act.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)

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(15 ILCS 335/8) (from Ch. 124, par. 28)
Sec. 8. Expiration.
(a) Except as otherwise provided in this Section:
(1) Every identification card issued hereunder, except
to persons who have reached their 15th birthday, but are
not yet 21 years of age, persons who are 65 years of age or
older, and persons who are issued an Illinois Person with a
Disability Identification Card, shall expire 5 years from
the ensuing birthday of the applicant and a renewal shall
expire 5 years thereafter.
(2) Every original or renewal identification card
issued to a person who has reached his or her 15th
birthday, but is not yet 21 years of age shall expire 3
months after the person's 21st birthday.
(b) Except as provided elsewhere in this Section, every
original, renewal, or duplicate: (i) identification card
issued prior to July 1, 2017, to a person who has reached his
or her 65th birthday shall be permanent and need not be
renewed; (ii) REAL ID compliant identification card issued on
or after July 1, 2017, to a person who has reached his or her
65th birthday shall expire 8 years thereafter; (iii) Illinois
Person with a Disability Identification Card issued prior to
July 1, 2017, to a qualifying person shall expire 10 years
thereafter; and (iv) REAL ID compliant Illinois Person with a
Disability Identification Card issued on or after July 1, 2017,
shall expire 8 years thereafter. The Secretary of State shall

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promulgate rules setting forth the conditions and criteria for
the renewal of all Illinois Person with a Disability
Identification Cards.
(c) Every Beginning July 1, 2016, every identification card
or Illinois Person with a Disability Identification Card issued
under this Act to an applicant who is not a United States
citizen or permanent resident shall be marked "Limited Term"
and shall expire on whichever is the earlier date of the
following:
(1) as provided under subsection (a) or (b) of this
Section; or
(2) on the date the applicant's authorized stay in the
United States terminates; or .
(3) if the applicant's authorized stay is indefinite
and the applicant is applying for a Limited Term REAL ID
compliant identification card, one year from the date of
issuance of the card.
(Source: P.A. 99-305, eff. 1-1-16; 99-511, eff. 1-1-17.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-100, 6-103, 6-106, 6-115, and 6-121 and by
adding Section 6-100.5 as follows:
(625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
Sec. 6-100. Definitions. For the purposes of this Chapter,
the following words shall have the meanings ascribed to them:

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(a) Application Process. The process of obtaining a
driver's license, identification card, or permit. The process
begins when a person enters a Secretary of State Driver
Services facility and requests a driver's license,
identification card or permit.
(b) Conviction. A final adjudication of guilty by a court
of competent jurisdiction either after a bench trial, trial by
jury, plea of guilty, order of forfeiture, or default.
(c) Identification Card. A document made or issued by or
under the authority of the United States Government, the State
of Illinois or any other state or political subdivision
thereof, or any governmental or quasi-governmental
organization that, when completed with information concerning
the individual, is of a type intended or commonly accepted for
the purpose of identifying the individual.
(d) Non-compliant driver's license. A driver's license
issued in a manner which is not compliant with the REAL ID Act
and implementing regulations. Non-compliant driver's licenses
shall be marked "Not for Federal Identification" and shall have
a color or design different from the REAL ID compliant driver's
license.
(e) REAL ID compliant driver's license. A driver's license
issued in compliance with the REAL ID Act and implementing
regulations. REAL ID compliant driver's licenses shall bear a
security marking approved by the United States Department of
Homeland Security.

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(f) Limited Term REAL ID compliant driver's license. A REAL
ID compliant driver's license issued to a person who is not a
permanent resident or citizen of the United States, and marked
"Limited Term" on the face of the license.
(Source: P.A. 89-283, eff. 1-1-96.)
(625 ILCS 5/6-100.5 new)
Sec. 6-100.5. Issuance of REAL ID compliant and
non-compliant driver's licenses. The Secretary of State may
issue both REAL ID compliant driver's licenses and
non-compliant driver's licenses, and may permit applicants to
designate which type of driver's license they wish to receive.
All provisions of this Code applicable to non-compliant
driver's licenses shall also apply to REAL ID compliant
driver's licenses, except where the provisions are
inconsistent with the REAL ID Act and implementing regulations.
The Secretary shall establish by rule the date on which
issuance of REAL ID compliant driver's licenses will begin.
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except

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that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle

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driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a

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motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant, or a licensed advanced practice nurse, to the
effect that the operation of a motor vehicle by the person
would not be inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section

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10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body

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of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or

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permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license;
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court;
or
19. To Beginning July 1, 2017, to any person who holds
a REAL ID compliant identification card or REAL ID
compliant Person with a Disability Identification Card
issued has been issued an identification card under the
Illinois Identification Card Act. Any such person may, at
his or her discretion, surrender the REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card in order to become eligible

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to obtain a REAL ID compliant identification card in order
to become eligible to obtain a driver's license.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
99-173, eff. 7-29-15; 99-511, eff. 1-1-17.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth

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is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State shall
deem necessary to determine the applicant's competency and
eligibility. The Secretary of State may, in his discretion, by
rule or regulation, provide that an application for a drivers
license or permit may include a suitable photograph of the
applicant in the form prescribed by the Secretary, and he may
further provide that each drivers license shall include a
photograph of the driver. The Secretary of State may utilize a
photograph process or system most suitable to deter alteration
or improper reproduction of a drivers license and to prevent
substitution of another photo thereon. For the purposes of this
subsection (b), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that duty
extends to all violations or is limited to specific violations.
(b-5) Every Beginning July 1, 2017, every applicant for a
REAL ID compliant driver's license or permit shall provide
proof of lawful status in the United States as defined in 6 CFR

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37.3, as amended. Applicants who are unable to provide the
Secretary with proof of lawful status may apply for a driver's
license or permit under Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Code or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service

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System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214. The Illinois
Department of Veterans' Affairs shall advise the Secretary as
to what other forms of proof of a person's status as a veteran
are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
"Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
7-15-16; revised 9-13-16.)
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.

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(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and
regulation designate, not to exceed 12 calendar months; in the
event that an applicant for renewal of a driver's license fails
to apply prior to the expiration date of the previous driver's
license, the renewal driver's license shall expire 4 years from
the expiration date of the previous driver's license, or at
such later date as the Secretary of State may by proper rule
and regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license
which will expire not less than 4 years nor more than 5 years
from date of issuance, except as provided elsewhere in this
Section.
(a-5) Every Beginning July 1, 2016, every driver's license
issued under this Code to an applicant who is not a United
States citizen or permanent resident shall be marked "Limited
Term" and shall expire on whichever is the earlier date of the
following:
(1) as provided under subsection (a), (f), (g), or (i)
of this Section; or
(2) on the date the applicant's authorized stay in the
United States terminates; or .
(3) if the applicant's authorized stay is indefinite

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and the applicant is applying for a Limited Term REAL ID
compliant driver's license, one year from the date of
issuance of the license.
(b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or 3
months after the individual's 21st birthday, the holder thereof
may apply for a renewal thereof, subject to all the provisions
of Section 6-103, and the Secretary of State may require an
examination of the applicant. A licensee whose driver's license
expires on his 21st birthday, or 3 months after his 21st
birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person whose
license is to expire a notification of the expiration of said
license which may be presented at the time of renewal of said
license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the Secretary.
There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.

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(d) The Secretary may defer the expiration of the driver's
license of a licensee, spouse, and dependent children who are
living with such licensee while on active duty, serving in the
Armed Forces of the United States outside of the State of
Illinois, and 120 days thereafter, upon such terms and
conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the
driver's license of a licensee, or of a spouse or dependent
children living with the licensee, serving as a civilian
employee of the United States Armed Forces or the United States
Department of Defense, outside of the State of Illinois, and
120 days thereafter, upon such terms and conditions as the
Secretary may prescribe.
(e) The Secretary of State may decline to process a renewal
of a driver's license of any person who has not paid any fee or
tax due under this Code and is not paid upon reasonable notice
and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years of
age shall expire 3 months after the licensee's 21st birthday.
Persons whose current driver's licenses expire on their 21st
birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current
driver's license will be extended for an additional term of 3
months beyond their 21st birthday. Thereafter, the expiration
and term of the driver's license shall be governed by

HB0395 Engrossed - 28 - LRB100 04276 RJF 14282 b
subsection (a) hereof.
(g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of issuance,
or at such later date as the Secretary may by rule and
regulation designate, not to exceed an additional 12 calendar
months. The Secretary shall also provide that each original or
renewal driver's license issued to a licensee 87 years of age
or older shall expire 12 months from the date of issuance, or
at such later date as the Secretary may by rule and regulation
designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of
Section 6-113 of this Code shall expire 12 months from the date
of issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each driver's
license issued to a person convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act shall
expire 12 months from the date of issuance or at such date as
the Secretary may by rule designate, not to exceed an
additional 12 calendar months. The Secretary may adopt rules
defining renewal requirements.
(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,
eff. 7-28-16.)

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(625 ILCS 5/6-121)
Sec. 6-121. Issuance of confidential drivers' licenses.
(a) Requirements for use of confidential drivers'
licenses. Confidential drivers' licenses may be issued to
local, state, and federal government agencies for bona fide law
enforcement purposes. The drivers' licenses may be issued with
fictitious names and addresses, and may be used only for
confidential, investigative, or undercover law enforcement
operations. Confidential drivers' licenses may be issued as
REAL ID compliant or non-compliant driver's licenses.
(b) Application procedures for confidential drivers'
licenses:
(1) Applications by local, state, and federal
government agencies for confidential drivers' licenses
must be made to the Secretary of State Police Department on
a form and in a manner prescribed by the Secretary of State
Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the drivers'
licenses and the uses to which the licenses will be
limited.
(3) The application form must be signed and verified by
the local, state, or federal government agency head or
designee.
(4) Registration information maintained by the

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Secretary of State Police Department for confidential
drivers' licenses must show the fictitious names and
addresses on all records subject to public disclosure. All
other information concerning these confidential drivers'
licenses are exempt from disclosure unless the disclosure
is ordered by a court of competent jurisdiction.
(c) Revocation and cancellation procedures for
confidential drivers' licenses:
(1) The Secretary of State Police Department may revoke
or refuse to renew confidential drivers' licenses when they
have reasonable cause to believe the licenses are being
used for purposes other than those set forth in the
application form or authorized by this Section.
Confidential drivers' licenses may also be revoked where
traffic violation citations have been issued to the driver
and subsequent investigation reveals that the issuance of
the citations was unrelated to the purposes for which the
confidential driver's license was issued. In such cases,
the citations and any resulting court orders, convictions,
supervisions or other sanctions must be treated by the
Secretary of State as though they were issued in relation
to the true driver's license of the individual to whom the
confidential driver's license was issued.
(2) A government agency must request cancellation of
confidential drivers' licenses that are no longer required
for the purposes for which they were issued.

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(3) All revoked confidential drivers' licenses must be
promptly returned to the Secretary of State Police
Department by the government agency to which they were
issued.
(Source: P.A. 96-549, eff. 8-17-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.