Bill Text: IL SB1693 | 2013-2014 | 98th General Assembly | Enrolled

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

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Bill Title: Amends the Illinois Identification Card Act. Allows peace officers to provide their work address in lieu of their home address when applying for an Illinois Identification Card. Amends the Illinois Vehicle Code. Allows peace officers to provide their work address in lieu of their home address when applying for a driver's license or instruction permit.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0323 [SB1693 Detail]

Download: Illinois-2013-SB1693-Enrolled.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 4 and 5 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may

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provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) 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 listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty

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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) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Disabled Person with a Disability Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. If the applicant so requests, the card

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shall include a description of the applicant's disability and
any information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the

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Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person
other than the person named on such card to prove that the
person named on such card is a disabled person or for any other
purpose unless the card is used for the benefit of the person
named on such card, and the person named on such card consents
to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21, shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification

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Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Disabled Person
with a Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.

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(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
96-1231, eff. 7-23-10; 97-371, eff. 1-1-12; 97-739, eff.
1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; revised
9-5-12.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of

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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
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

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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
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 Secretary
shall determine by rule 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):
"Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in

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the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12;
97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13;
revised 9-5-12.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-106 and 6-110 as follows:
(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 Act 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 1 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

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an affirmation by the applicant that all information set forth
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.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders

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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
Act 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
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 Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a

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veteran designation under subsection (e-5) of Section 6-110 of
this Chapter. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule 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):
"Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;
97-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,

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the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;

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(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe Rides
program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.

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(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction
permit has a current identification card issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial
officer or a peace officer, the applicant may elect to have his
or her office or work address listed on the license instead of
the applicant's residence or mailing address. The Secretary of
State shall adopt rules to implement this subsection (a-5). For
the purposes of this subsection (a-5), "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

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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) Until the Secretary of State establishes a First Person
Consent organ and tissue donor registry under Section 6-117 of
this Code, the Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee may
use to execute a document of gift conforming to the provisions
of the Illinois Anatomical Gift Act. The format shall allow the
licensee to indicate the gift intended, whether specific
organs, any organ, or the entire body, and shall accommodate
the signatures of the donor and 2 witnesses. The Secretary
shall also inform each applicant or licensee of this format,
describe the procedure for its execution, and may offer the
necessary witnesses; provided that in so doing, the Secretary
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document
shall be given to each applicant or licensee. The brochure
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift, and that he or she
may wish to consult with family, friends or clergy before doing
so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ
and tissue donation.
(c) The Secretary of State shall designate on each driver's

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license issued a space where the licensee may place a sticker
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical
Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
(e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's
licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of
State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of

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ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
drivers' licenses with the word "veteran" appearing on the face
of the licenses. This authorization is predicated on the unique
status of veterans. The Secretary may not issue any other
driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
driver's license where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (e) of Section paragraph 6-106 of this Code Chapter
who was discharged or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend

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driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13;

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97-1127, eff. 1-1-13; revised 8-3-12.)