Bill Text: IL SB0225 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card or a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0354 [SB0225 Detail]

Download: Illinois-2021-SB0225-Chaptered.html

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Public Act 102-0354
SB0225 Enrolled LRB102 03890 RJF 13905 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. 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:
(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 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 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;
(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
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
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.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-110.1 as follows:
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images.
(a) The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in
the process of issuing a driver's license, permit, or
identification card. Except as otherwise provided in this
Section, the The photographs and signatures shall be
confidential and shall not be disclosed except to the
following persons:
(1) the individual upon written request;

(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation;
(3-5) the State Board of Elections for the sole
purpose of providing the signatures required by a local
election authority to register a voter through an online
voter registration system;
(3-10) officers and employees of the Secretary of
State who have a need to have access to the stored images
for purposes of issuing and controlling notary public
commissions and for the purpose of providing the
signatures required to process online applications for
appointment and commission as notaries public; or
(4) other entities that the Secretary may authorize by
rule.
(b) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing a driver's license or permit to any
federal, State, or local law enforcement agency or other
governmental 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.