Bill Text: IL HB5209 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-03-01 - Added Co-Sponsor Rep. David Friess [HB5209 Detail]

Download: Illinois-2023-HB5209-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5209 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 805/Act rep.
15 ILCS 335/11 from Ch. 124, par. 31
625 ILCS 5/6-110.3
Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.
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A BILL FOR
HB5209 LRB103 38446 MXP 68582 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(5 ILCS 805/Act rep.)
Section 5. The Illinois TRUST Act is repealed.
Section 10. The Illinois Identification Card Act is
amended by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
(Text of Section before amendment by P.A. 103-210)
Sec. 11. Records.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:

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(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official
duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation;
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information

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only to:
(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation;
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number, written
signature, residency, and, as applicable, proof of lawful
status shall be confidential and shall not be disclosed except
to the following persons:
(1) the individual to whom the identification card was
issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal

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law enforcement investigation;
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) to law enforcement officials for a civil or criminal law
enforcement investigation if an officer of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social
security number is being sought; (iii) under a lawful court
order signed by a judge; (iv) to the Illinois Department of
Veterans' Affairs for the purpose of confirming veteran status
to agencies in other states responsible for the issuance of
state identification cards for participation in State-to-State
verification service; or (v) the last 4 digits to the Illinois
State Board of Elections for purposes of voter registration
and as may be required pursuant to an agreement for a
multi-state voter registration list maintenance system. The
Secretary retains the right to require additional verification
regarding the validity of a request from law enforcement. If
social security information is disclosed by the Secretary in
accordance with this Section, no liability shall rest with the

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Office of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(Text of Section after amendment by P.A. 103-210)
Sec. 11. Records.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental

HB5209 - 6 - LRB103 38446 MXP 68582 b
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:
(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official
duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation, except as restricted by subsections (g) and
(h);
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list

HB5209 - 7 - LRB103 38446 MXP 68582 b
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information
only to:
(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation, except as restricted by
subsections (g) and (h);
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number or lack of a
social security number, written signature, residency, and, as
applicable, citizenship and immigration status and country of
citizenship shall be confidential and shall not be disclosed
except to the following persons:
(1) the individual to whom the identification card was

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issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
subsections (g) and (h);
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) except as restricted by subsections (g) and (h) to law
enforcement officials for a civil or criminal law enforcement
investigation if an officer of the law enforcement agency has
made a written request to the Secretary specifying the law
enforcement investigation for which the social security number
is being sought; (iii) under a lawful court order signed by a
judge; (iv) to the Illinois Department of Veterans' Affairs
for the purpose of confirming veteran status to agencies in
other states responsible for the issuance of state

HB5209 - 9 - LRB103 38446 MXP 68582 b
identification cards for participation in State-to-State
verification service; or (v) the last 4 digits to the Illinois
State Board of Elections for purposes of voter registration
and as may be required pursuant to an agreement for a
multi-state voter registration list maintenance system. The
Secretary retains the right to require additional verification
regarding the validity of a request from law enforcement. If
social security information is disclosed by the Secretary in
accordance with this Section, no liability shall rest with the
Office of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(g) Notwithstanding any other provision of law, the
Secretary may not release highly restricted personal
information or personally identifying information or disclose

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documents described in subsection (d) to any immigration
agent, as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
As used in this subsection (g), "immigration agent" means
an agent of federal Immigration and Customs Enforcement,
federal Customs and Border Protection, or any similar or
successor agency.
(h) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information or personally identifying information or

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documents described in subsection (d) unless all other parties
to such agreement certify that the information obtained will
not be used for civil immigration purposes or knowingly
disseminated to any third party for any purpose related to
civil immigration enforcement.
(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
Section 15. The Illinois Vehicle Code is amended by
changing Section 6-110.3 as follows:
(625 ILCS 5/6-110.3)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 6-110.3. Restrictions on use of information for
certain purposes.
(a) Notwithstanding any other provision of law, the
Secretary may not release or make accessible in any manner any
highly restricted personal information as defined in Section
1-125.9 or personally identifying information as defined in
Section 1-159.2, provide images, photos, or facial recognition
services as described in Section 6-110.1, or disclose
documents as described in Section 6-110.2 to any immigration
agent as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:

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(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
As used in this subsection (a), "immigration agent" means
an agent of federal Immigration and Customs Enforcement,
federal Customs and Border Protection, or any similar or
successor agency.
(b) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information as defined in Section 1-125.9, personally
identifying information as defined in Section 1-159.2, images
or photos described in Section 6-110.1, or documents described
in Section 6-110.2 unless all other parties to such agreement
certify that the information obtained will not be used for
civil immigration purposes or knowingly disseminated to any

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third party for any purpose related to civil immigration
enforcement.
(Source: P.A. 103-210, eff. 7-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.