Bill Text: IL SB1316 | 2025-2026 | 104th General Assembly | Introduced
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 7-0)
Status: (Introduced) 2025-02-07 - Added as Co-Sponsor Sen. Donald P. DeWitte [SB1316 Detail]
Download: Illinois-2025-SB1316-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | (5 ILCS 805/Act rep.) | |||||||||||||||||||||||
5 | Section 5. The Illinois TRUST Act is repealed.
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6 | Section 10. The Illinois Identification Card Act is | |||||||||||||||||||||||
7 | amended by changing Section 11 as follows:
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8 | (15 ILCS 335/11) (from Ch. 124, par. 31) | |||||||||||||||||||||||
9 | Sec. 11. Records. | |||||||||||||||||||||||
10 | (a) The Secretary may make a search of his records and | |||||||||||||||||||||||
11 | furnish information as to whether a person has a current | |||||||||||||||||||||||
12 | Standard Illinois Identification Card or an Illinois Person | |||||||||||||||||||||||
13 | with a Disability Identification Card then on file, upon | |||||||||||||||||||||||
14 | receipt of a written application therefor accompanied with the | |||||||||||||||||||||||
15 | prescribed fee. However, the Secretary may not disclose | |||||||||||||||||||||||
16 | medical information concerning an individual to any person, | |||||||||||||||||||||||
17 | public agency, private agency, corporation or governmental | |||||||||||||||||||||||
18 | body unless the individual has submitted a written request for | |||||||||||||||||||||||
19 | the information or unless the individual has given prior | |||||||||||||||||||||||
20 | written consent for the release of the information to a | |||||||||||||||||||||||
21 | specific person or entity. This exception shall not apply to: | |||||||||||||||||||||||
22 | (1) offices and employees of the Secretary who have a need to |
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1 | know the medical information in performance of their official | ||||||
2 | duties, or (2) orders of a court of competent jurisdiction. | ||||||
3 | When medical information is disclosed by the Secretary in | ||||||
4 | accordance with the provisions of this Section, no liability | ||||||
5 | shall rest with the Office of the Secretary of State as the | ||||||
6 | information is released for informational purposes only. | ||||||
7 | (b) Except as otherwise provided in this Section, the | ||||||
8 | Secretary may release personally identifying information only | ||||||
9 | to: | ||||||
10 | (1) officers and employees of the Secretary who have a | ||||||
11 | need to know that information for issuance of driver's | ||||||
12 | licenses, permits, or identification cards and | ||||||
13 | investigation of fraud or misconduct; | ||||||
14 | (2) other governmental agencies for use in their | ||||||
15 | official governmental functions; | ||||||
16 | (3) law enforcement agencies for a criminal or civil | ||||||
17 | investigation, except as restricted by subsections (g) and | ||||||
18 | (h); | ||||||
19 | (3-5) the State Board of Elections as may be required | ||||||
20 | by an agreement the State Board of Elections has entered | ||||||
21 | into with a multi-state voter registration list | ||||||
22 | maintenance system; or | ||||||
23 | (4) any entity that the Secretary has authorized, by | ||||||
24 | rule. | ||||||
25 | (c) Except as otherwise provided in this Section, the | ||||||
26 | Secretary may release highly restricted personal information |
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1 | only to: | ||||||
2 | (1) officers and employees of the Secretary who have a | ||||||
3 | need to access the information for the issuance of | ||||||
4 | driver's licenses, permits, or identification cards and | ||||||
5 | investigation of fraud or misconduct; | ||||||
6 | (2) law enforcement officials for a criminal or civil | ||||||
7 | law enforcement investigation, except as restricted by | ||||||
8 | subsections (g) and (h); | ||||||
9 | (3) the State Board of Elections for the purpose of | ||||||
10 | providing the signature for completion of voter | ||||||
11 | registration; or | ||||||
12 | (4) any other entity the Secretary has authorized by | ||||||
13 | rule. | ||||||
14 | (d) Documents required to be submitted with an application | ||||||
15 | for an identification card to prove the applicant's identity | ||||||
16 | (name and date of birth), social security number or lack of a | ||||||
17 | social security number, written signature, residency, and, as | ||||||
18 | applicable, citizenship and immigration status and country of | ||||||
19 | citizenship shall be confidential and shall not be disclosed | ||||||
20 | except to the following persons: | ||||||
21 | (1) the individual to whom the identification card was | ||||||
22 | issued, upon written request; | ||||||
23 | (2) officers and employees of the Secretary of State | ||||||
24 | who have a need to have access to the stored images for | ||||||
25 | purposes of issuing and controlling driver's licenses, | ||||||
26 | permits, or identification cards and investigation of |
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1 | fraud or misconduct; | ||||||
2 | (3) law enforcement officials for a civil or criminal | ||||||
3 | law enforcement investigation, except as restricted by | ||||||
4 | subsections (g) and (h); | ||||||
5 | (4) other entities that the Secretary may authorize by | ||||||
6 | rule. | ||||||
7 | (e) The Secretary may not disclose an individual's social | ||||||
8 | security number or any associated information obtained from | ||||||
9 | the Social Security Administration without the written request | ||||||
10 | or consent of the individual except: (i) to officers and | ||||||
11 | employees of the Secretary who have a need to know the social | ||||||
12 | security number in the performance of their official duties; | ||||||
13 | (ii) except as restricted by subsections (g) and (h) to law | ||||||
14 | enforcement officials for a civil or criminal law enforcement | ||||||
15 | investigation if an officer of the law enforcement agency has | ||||||
16 | made a written request to the Secretary specifying the law | ||||||
17 | enforcement investigation for which the social security number | ||||||
18 | is being sought; (iii) under a lawful court order signed by a | ||||||
19 | judge; (iv) to the Illinois Department of Veterans' Affairs | ||||||
20 | for the purpose of confirming veteran status to agencies in | ||||||
21 | other states responsible for the issuance of state | ||||||
22 | identification cards for participation in State-to-State | ||||||
23 | verification service; or (v) the last 4 digits to the Illinois | ||||||
24 | State Board of Elections for purposes of voter registration | ||||||
25 | and as may be required pursuant to an agreement for a | ||||||
26 | multi-state voter registration list maintenance system. The |
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1 | Secretary retains the right to require additional verification | ||||||
2 | regarding the validity of a request from law enforcement. If | ||||||
3 | social security information is disclosed by the Secretary in | ||||||
4 | accordance with this Section, no liability shall rest with the | ||||||
5 | Office of the Secretary of State or any of its officers or | ||||||
6 | employees, as the information is released for official | ||||||
7 | purposes only. | ||||||
8 | (f) The Secretary of State shall not provide facial | ||||||
9 | recognition search services or photographs obtained in the | ||||||
10 | process of issuing an identification card to any federal, | ||||||
11 | State, or local law enforcement agency or other governmental | ||||||
12 | entity for the purpose of enforcing federal immigration laws. | ||||||
13 | This subsection shall not apply to requests from federal, | ||||||
14 | State, or local law enforcement agencies or other governmental | ||||||
15 | entities for facial recognition search services or photographs | ||||||
16 | obtained in the process of issuing a driver's license or | ||||||
17 | permit when the purpose of the request relates to criminal | ||||||
18 | activity other than violations of immigration laws. | ||||||
19 | (g) Notwithstanding any other provision of law, the | ||||||
20 | Secretary may not release highly restricted personal | ||||||
21 | information or personally identifying information or disclose | ||||||
22 | documents described in subsection (d) to any immigration | ||||||
23 | agent , as defined in Section 10 of the Illinois TRUST Act, | ||||||
24 | unless necessary to comply with the following, to the extent | ||||||
25 | that production of such information or documents is | ||||||
26 | specifically required: |
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1 | (1) a lawful court order; | ||||||
2 | (2) a judicial warrant signed by a judge appointed | ||||||
3 | pursuant to Article III of the Constitution of the United | ||||||
4 | States; or | ||||||
5 | (3) a subpoena for individual records issued by a | ||||||
6 | federal or State court. | ||||||
7 | When responding to such a court order, warrant, or | ||||||
8 | subpoena, the Secretary shall disclose only those documents or | ||||||
9 | information specifically requested. Within 3 business days of | ||||||
10 | receiving such a court order, warrant, or subpoena, the | ||||||
11 | Secretary shall send a notification to the individual about | ||||||
12 | whom such information was requested that a court order, | ||||||
13 | warrant, or subpoena was received and the identity of the | ||||||
14 | entity that presented the court order, warrant, or subpoena. | ||||||
15 | As used in this subsection, "immigration agent" means an | ||||||
16 | agent of federal Immigration and Customs Enforcement, federal | ||||||
17 | Customs and Border Protection, or any similar or successor | ||||||
18 | agency. | ||||||
19 | (h) The Secretary shall not enter into or maintain any | ||||||
20 | agreement regarding the sharing of any highly restricted | ||||||
21 | personal information or personally identifying information or | ||||||
22 | documents described in subsection (d) unless all other parties | ||||||
23 | to such agreement certify that the information obtained will | ||||||
24 | not be used for civil immigration purposes or knowingly | ||||||
25 | disseminated to any third party for any purpose related to | ||||||
26 | civil immigration enforcement. |
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1 | (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24 .)
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2 | Section 15. The Illinois Vehicle Code is amended by | ||||||
3 | changing Section 6-110.3 as follows:
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4 | (625 ILCS 5/6-110.3) | ||||||
5 | Sec. 6-110.3. Restrictions on use of information for | ||||||
6 | certain purposes. | ||||||
7 | (a) Notwithstanding any other provision of law, the | ||||||
8 | Secretary may not release or make accessible in any manner any | ||||||
9 | highly restricted personal information as defined in Section | ||||||
10 | 1-125.9 or personally identifying information as defined in | ||||||
11 | Section 1-159.2, provide images, photos, or facial recognition | ||||||
12 | services as described in Section 6-110.1, or disclose | ||||||
13 | documents as described in Section 6-110.2 to any immigration | ||||||
14 | agent as defined in Section 10 of the Illinois TRUST Act, | ||||||
15 | unless necessary to comply with the following, to the extent | ||||||
16 | that production of such information or documents is | ||||||
17 | specifically required: | ||||||
18 | (1) a lawful court order; | ||||||
19 | (2) a judicial warrant signed by a judge appointed | ||||||
20 | pursuant to Article III of the Constitution of the United | ||||||
21 | States; or | ||||||
22 | (3) a subpoena for individual records issued by a | ||||||
23 | federal or State court. | ||||||
24 | When responding to such a court order, warrant, or |
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1 | subpoena, the Secretary shall disclose only those documents or | ||||||
2 | information specifically requested. Within 3 business days of | ||||||
3 | receiving such a court order, warrant, or subpoena, the | ||||||
4 | Secretary shall send a notification to the individual about | ||||||
5 | whom such information was requested that a court order, | ||||||
6 | warrant, or subpoena was received and the identity of the | ||||||
7 | entity that presented the court order, warrant, or subpoena. | ||||||
8 | As used in this subsection, "immigration agent" means an | ||||||
9 | agent of federal Immigration and Customs Enforcement, federal | ||||||
10 | Customs and Border Protection, or any similar or successor | ||||||
11 | agency. | ||||||
12 | (b) The Secretary shall not enter into or maintain any | ||||||
13 | agreement regarding the sharing of any highly restricted | ||||||
14 | personal information as defined in Section 1-125.9, personally | ||||||
15 | identifying information as defined in Section 1-159.2, images | ||||||
16 | or photos described in Section 6-110.1, or documents described | ||||||
17 | in Section 6-110.2 unless all other parties to such agreement | ||||||
18 | certify that the information obtained will not be used for | ||||||
19 | civil immigration purposes or knowingly disseminated to any | ||||||
20 | third party for any purpose related to civil immigration | ||||||
21 | enforcement. | ||||||
22 | (Source: P.A. 103-210, eff. 7-1-24 .)
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