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91_HB3163
LRB9109934DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-110.1 and adding Section 6-110.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-110.1 and adding Section 6-110.2 as
7 follows:
8 (625 ILCS 5/6-110.1)
9 Sec. 6-110.1. Confidentiality of captured photographs or
10 images.
11 (a) The Secretary of State shall maintain a file on or
12 contract to file all photographs and signatures obtained in
13 the process of issuing a driver's license, permit, or
14 identification card. No other entity shall maintain a file
15 of all or any subset of these photographs or signatures. The
16 photographs and signatures shall be confidential and shall
17 not be disclosed except to the following persons:
18 (1) the individual upon written request;
19 (2) officers and employees of the Secretary of
20 State who have a need to have access to the stored images
21 for purposes of issuing and controlling driver's
22 licenses, permits, or identification cards;
23 (3) law enforcement officials as defined in this
24 Section for a lawful, civil, or criminal law enforcement
25 investigation as defined in this Section; or
26 (4) other entities as the Secretary may exempt by
27 rule.
28 (b) As used in this Section,
29 (1) "Law enforcement agency" is:
30 (A) courts;
31 (B) State's Attorneys; or
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1 (C) a government agency or subunit of a
2 government agency that performs the administration
3 of criminal justice pursuant to a statute or
4 executive order, that allocates a substantial part
5 of its annual budget to the administration of
6 criminal justice, and which is vested by statute or
7 executive order with powers of arrest for offenses
8 and with a duty to maintain public order.
9 (2) A "lawful civil or criminal law enforcement
10 investigation" is:
11 (A) an investigation of unlawful activity;
12 (B) a missing person investigation;
13 (C) the identification of an accident victim;
14 or
15 (D) the identification of a deceased person.
16 (c) Law enforcement entities shall submit information
17 and have written agreements as defined by the Secretary of
18 State that will ensure that images are disclosed and used
19 only in accordance with the provisions in this Section.
20 Provisions shall include:
21 (1) Any law enforcement entity that receives an
22 image under this Section shall keep the image
23 confidential and may not disclose it further except under
24 these conditions:
25 (A) the disclosure is by an Illinois-only
26 State or local law enforcement entity and is to
27 another Illinois-only State or local law enforcement
28 entity that has been determined by the Secretary of
29 State to be eligible to receive images under this
30 Section;
31 (B) the disclosure is for the original purpose
32 for which it is requested;
33 (C) the subsequent disclosure is necessary in
34 order to protect the public; and
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1 (D) disclaimer language defined by the
2 Secretary of State regarding the image is included
3 in the disclosure.
4 (2) Any State, federal, or local law enforcement
5 entity that is not an Illinois-only law enforcement
6 entity must obtain images directly from the Secretary of
7 State and may not disclose the images further.
8 (3) Any law enforcement entity that receives an
9 image from another law enforcement entity and not
10 directly from the Secretary of State as described in
11 paragraph (1) of subsection (c) shall agree to keep the
12 image confidential and may not disclose or disseminate
13 the image further.
14 (4) Images cannot be used solely as part of a photo
15 lineup or array, and can be used in a lineup or photo
16 array only if the person is a suspect in the
17 investigation for which the image was requested.
18 (5) Images cannot be used in any poster, card, or
19 other document and cannot be altered in any manner.
20 Images must always be accompanied by disclaimer language
21 defined by the Secretary of State regarding the image.
22 (6) Any law enforcement agency that has in its
23 possession a copy of a photograph or image in any format
24 provided under this Section shall destroy all copies of
25 the photograph or image in its possession when the
26 photograph or image is no longer needed for the
27 investigatory or identification purpose specified in its
28 request for the photograph or image.
29 (7) For any photograph provided under this Section,
30 all records of requests or other information concerning
31 or relating to the request shall remain confidential and
32 may not be disclosed to anyone except those also
33 authorized to receive the photographs.
34 (d) Any person who willfully discloses or uses a
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1 photograph in violation of this Section may be required to
2 forfeit not more than $500 for each violation and may be
3 ineligible to access photographs for up to 2 years.
4 (e) The Secretary of State may impose greater
5 restrictions on the use and dissemination of signature images
6 by administrative rule if it is deemed to be in the best
7 interests of the citizens of Illinois.
8 (Source: P.A. 90-191, eff. 1-1-98.)
9 (625 ILCS 5/6-110.2 new)
10 Sec. 110.2. Confidentiality of encrypted bar code
11 information.
12 (a) Security methods and software used to generate
13 encrypted electronic information stored on driver's licenses,
14 permits, or identification cards shall be confidential and
15 may not be disclosed except to the following:
16 (1) officers and employees of the Secretary of
17 State who have a need to have access to the information
18 images for purposes of issuing and controlling driver's
19 licenses, permits, or identification cards;
20 (2) law enforcement officials for a lawful civil or
21 criminal law enforcement investigation as described in
22 Section 110.1; or
23 (3) other entities the Secretary may exempt by
24 rule.
25 (b) A person commits the offense of unlawful use of
26 encrypted bar code information when he or she knowingly and
27 without authorization from the Secretary of State does one of
28 the following:
29 (1) uses non-public electronic information;
30 (2) uses the security procedures required to access
31 the non-public electronic information; or
32 (3) distributes the security procedures required to
33 access non-public electronic information.
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1 (c) A person who violates the provisions of subsection
2 (b) of this Section is guilty of a Class 4 Felony.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.