Bill Text: IL SB1512 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide procedures for the issuance and cancellation of confidential State identification cards, drivers' licenses, and license plates and registrations to local, state, and federal government agencies for bona fide law enforcement purposes. Provides that those confidential materials may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Provides that the Secretary of State Police Department may cancel or refuse to renew those confidential materials when they have reasonable cause to believe they are being used for purposes other than those set forth in the application form or authorized by this Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0549 [SB1512 Detail]

Download: Illinois-2009-SB1512-Enrolled.html

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AN ACT concerning law enforcement.
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 adding Section 4C as follows:
(15 ILCS 335/4C new)
Sec. 4C. 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.
(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

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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
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

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Police Department by the government agency to which they
were issued.
Section 10. The Illinois Vehicle Code is amended by adding
Sections 3-422 and 6-121 as follows:
(625 ILCS 5/3-422 new)
Sec. 3-422. Issuance of confidential license plates and
registrations.
(a) Requirements for use of confidential vehicle license
plates and registrations. Confidential vehicle license plates
and registrations may be issued to local, state, and federal
government agencies for bona fide law enforcement purposes. The
plates and registrations may be issued in fictitious names and
addresses, and may be used only in confidential, investigative,
or undercover law enforcement operations.
(b) Application procedures for confidential plates and
registrations:
(1) Applications by local, state, and federal
government agencies for confidential license plates and
registrations 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 license

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plates and registrations and the uses to which the license
plates and registrations 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
Secretary of State Police Department for confidential
license plates and registrations must show the fictitious
names and addresses on all records subject to public
disclosure. All other information concerning these
confidential license plates and registrations are exempt
from disclosure unless the disclosure is ordered by a court
of competent jurisdiction.
(c) Revocation and cancellation procedures for
confidential license plates and registrations:
(1) The Secretary of State Police Department may revoke
or refuse to renew confidential license plates and
registrations when they have reasonable cause to believe
the license plates and registrations are being used for
purposes other than those set forth in the application form
or authorized by this Section, or where records indicate
that within a one-year period five or more parking or toll
highway violations have been issued to the vehicle
associated with the license plate and registration and
those violations remain unpaid.
(2) A government agency must request cancellation of

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confidential license plates and registrations that are no
longer required for the purposes for which they were
issued.
(3) All revoked confidential license plates and
certificates of registration must be promptly returned to
the Secretary of State Police Department by the government
agency to which they were issued.
(d) All fees collected for the issuance of confidential
license plates and registrations must be deposited in the
Secretary of State Police Services Fund.
(625 ILCS 5/6-121 new)
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.
(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

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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
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

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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.
(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.
Section 99. Effective date. This Act takes effect upon
becoming law.