HB 1317

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Full Text of HB1317
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	HB1317 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1317
Introduced 1/28/2025, by Rep. Christopher "C.D." Davidsmeyer - Norine K. Hammond, John M. Cabello, Dan Ugaste, Jeff Keicher, et al.
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.
LRB104 03744 BDA 13768 b
A BILL FOR
		HB1317		LRB104 03744 BDA 13768 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    (5 ILCS 805/Act rep.)
5    Section 5. The Illinois TRUST Act is repealed.
6    Section 10. The Illinois Identification Card Act is
7amended by changing Section 11 as follows:
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
11furnish information as to whether a person has a current
12Standard Illinois Identification Card or an Illinois Person
13with a Disability Identification Card then on file, upon
14receipt of a written application therefor accompanied with the
15prescribed fee. However, the Secretary may not disclose
16medical information concerning an individual to any person,
17public agency, private agency, corporation or governmental
18body unless the individual has submitted a written request for
19the information or unless the individual has given prior
20written consent for the release of the information to a
21specific person or entity. This exception shall not apply to:
22(1) offices and employees of the Secretary who have a need to
		HB1317	- 2 -	LRB104 03744 BDA 13768 b
1know the medical information in performance of their official
2duties, or (2) orders of a court of competent jurisdiction.
3When medical information is disclosed by the Secretary in
4accordance with the provisions of this Section, no liability
5shall rest with the Office of the Secretary of State as the
6information is released for informational purposes only.
7    (b) Except as otherwise provided in this Section, the
8Secretary may release personally identifying information only
9to:
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
26Secretary may release highly restricted personal information
		HB1317	- 3 -	LRB104 03744 BDA 13768 b
1only 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
15for an identification card to prove the applicant's identity
16(name and date of birth), social security number or lack of a
17social security number, written signature, residency, and, as
18applicable, citizenship and immigration status and country of
19citizenship shall be confidential and shall not be disclosed
20except 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
		HB1317	- 4 -	LRB104 03744 BDA 13768 b
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
8security number or any associated information obtained from
9the Social Security Administration without the written request
10or consent of the individual except: (i) to officers and
11employees of the Secretary who have a need to know the social
12security number in the performance of their official duties;
13(ii) except as restricted by subsections (g) and (h) to law
14enforcement officials for a civil or criminal law enforcement
15investigation if an officer of the law enforcement agency has
16made a written request to the Secretary specifying the law
17enforcement investigation for which the social security number
18is being sought; (iii) under a lawful court order signed by a
19judge; (iv) to the Illinois Department of Veterans' Affairs
20for the purpose of confirming veteran status to agencies in
21other states responsible for the issuance of state
22identification cards for participation in State-to-State
23verification service; or (v) the last 4 digits to the Illinois
24State Board of Elections for purposes of voter registration
25and as may be required pursuant to an agreement for a
26multi-state voter registration list maintenance system. The
		HB1317	- 5 -	LRB104 03744 BDA 13768 b
1Secretary retains the right to require additional verification
2regarding the validity of a request from law enforcement. If
3social security information is disclosed by the Secretary in
4accordance with this Section, no liability shall rest with the
5Office of the Secretary of State or any of its officers or
6employees, as the information is released for official
7purposes only.
8    (f) The Secretary of State shall not provide facial
9recognition search services or photographs obtained in the
10process of issuing an identification card to any federal,
11State, or local law enforcement agency or other governmental
12entity for the purpose of enforcing federal immigration laws.
13This subsection shall not apply to requests from federal,
14State, or local law enforcement agencies or other governmental
15entities for facial recognition search services or photographs
16obtained in the process of issuing a driver's license or
17permit when the purpose of the request relates to criminal
18activity other than violations of immigration laws.
19    (g) Notwithstanding any other provision of law, the
20Secretary may not release highly restricted personal
21information or personally identifying information or disclose
22documents described in subsection (d) to any immigration
23agent, as defined in Section 10 of the Illinois TRUST Act,
24unless necessary to comply with the following, to the extent
25that production of such information or documents is
26specifically required:
		HB1317	- 6 -	LRB104 03744 BDA 13768 b
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
8subpoena, the Secretary shall disclose only those documents or
9information specifically requested. Within 3 business days of
10receiving such a court order, warrant, or subpoena, the
11Secretary shall send a notification to the individual about
12whom such information was requested that a court order,
13warrant, or subpoena was received and the identity of the
14entity that presented the court order, warrant, or subpoena.
15    As used in this subsection (g), "immigration agent" means
16an agent of federal Immigration and Customs Enforcement,
17federal Customs and Border Protection, or any similar or
18successor agency.
19    (h) The Secretary shall not enter into or maintain any
20agreement regarding the sharing of any highly restricted
21personal information or personally identifying information or
22documents described in subsection (d) unless all other parties
23to such agreement certify that the information obtained will
24not be used for civil immigration purposes or knowingly
25disseminated to any third party for any purpose related to
26civil immigration enforcement.
		HB1317	- 7 -	LRB104 03744 BDA 13768 b
1(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
2    Section 15. The Illinois Vehicle Code is amended by
3changing Section 6-110.3 as follows:
4    (625 ILCS 5/6-110.3)
5    Sec. 6-110.3. Restrictions on use of information for
6certain purposes.
7    (a) Notwithstanding any other provision of law, the
8Secretary may not release or make accessible in any manner any
9highly restricted personal information as defined in Section
101-125.9 or personally identifying information as defined in
11Section 1-159.2, provide images, photos, or facial recognition
12services as described in Section 6-110.1, or disclose
13documents as described in Section 6-110.2 to any immigration
14agent as defined in Section 10 of the Illinois TRUST Act,
15unless necessary to comply with the following, to the extent
16that production of such information or documents is
17specifically 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
		HB1317	- 8 -	LRB104 03744 BDA 13768 b
1subpoena, the Secretary shall disclose only those documents or
2information specifically requested. Within 3 business days of
3receiving such a court order, warrant, or subpoena, the
4Secretary shall send a notification to the individual about
5whom such information was requested that a court order,
6warrant, or subpoena was received and the identity of the
7entity that presented the court order, warrant, or subpoena.
8    As used in this subsection (a), "immigration agent" means
9an agent of federal Immigration and Customs Enforcement,
10federal Customs and Border Protection, or any similar or
11successor agency.
12    (b) The Secretary shall not enter into or maintain any
13agreement regarding the sharing of any highly restricted
14personal information as defined in Section 1-125.9, personally
15identifying information as defined in Section 1-159.2, images
16or photos described in Section 6-110.1, or documents described
17in Section 6-110.2 unless all other parties to such agreement
18certify that the information obtained will not be used for
19civil immigration purposes or knowingly disseminated to any
20third party for any purpose related to civil immigration
21enforcement.
22(Source: P.A. 103-210, eff. 7-1-24.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.