(15 ILCS 335/2)
(from Ch. 124, par. 22)
Sec. 2.
Administration and powers and duties of the Administrator.
(a) The Secretary of State is the Administrator of this Act, and he is charged with the duty of observing, administering and enforcing the provisions of this Act.
(b) The Secretary is vested with the powers and duties for the proper administration of this Act as follows:
1. He shall organize the administration of this Act
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| as he may deem necessary and appoint such subordinate officers, clerks and other employees as may be necessary. |
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2. From time to time, he may make, amend or rescind |
| rules and regulations as may be in the public interest to implement the Act. |
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3. He may prescribe or provide suitable forms as |
| necessary, including such forms as are necessary to establish that an applicant for an Illinois Person with a Disability Identification Card is a "disabled person" as defined in Section 4A of this Act, and establish that an applicant for a State identification card is a "homeless person" as defined in Section 1A of this Act. |
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4. He may prepare under the seal of the Secretary of |
| State certified copies of any records utilized under this Act and any such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof. |
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5. Records compiled under this Act shall be |
| maintained for 6 years, but the Secretary may destroy such records with the prior approval of the State Records Commission. |
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6. He shall examine and determine the genuineness, |
| regularity and legality of every application filed with him under this Act, and he may in all cases investigate the same, require additional information or proof or documentation from any applicant. |
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7. He shall require the payment of all fees |
| prescribed in this Act, and all such fees received by him shall be placed in the Road Fund of the State treasury except as otherwise provided in Section 12 of this Act. |
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(Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.) |
(15 ILCS 335/4D)
Sec. 4D.
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
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| 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. |
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(2) The application form must include information, |
| as specific as possible without compromising investigations or techniques, setting forth the need for the identification cards and the uses to which the identification cards will be limited. |
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(3) The application form must be signed and verified |
| by the local, state, or federal government agency head or designee. |
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(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. |
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(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. |
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(2) A government agency must request cancellation of |
| confidential identification cards that are no longer required for the purposes for which they were issued. |
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(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 Police Department by the government agency to which they were issued. |
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(Source: P.A. 96-549, eff. 8-17-09; 96-1000, eff. 7-2-10.) |
(15 ILCS 335/11)
(from Ch. 124, par. 31)
(Text of Section from P.A. 97-739)
Sec. 11.
The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Disabled Person Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.
The Secretary may release personally identifying information or highly restricted personal information only to:
(1) officers and employees of the Secretary who have
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| a need to know that information; |
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(2) other governmental agencies for use in their |
| official governmental functions; |
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(3) law enforcement agencies that need the |
| information for a criminal or civil investigation; or |
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(4) any entity that the Secretary has authorized, by |
| rule, to receive this information. |
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The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) to law enforcement officials for a lawful civil or criminal law enforcement investigation if the head of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; (iii) under a lawful court order signed by a judge; or (iv) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status.
(Source: P.A. 97-739, eff. 1-1-13.)
(Text of Section from P.A. 97-1064)
Sec. 11. The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.
The Secretary may release personally identifying information or highly restricted personal information only to:
(1) officers and employees of the Secretary who have |
| a need to know that information; |
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(2) other governmental agencies for use in their |
| official governmental functions; |
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(3) law enforcement agencies that need the |
| information for a criminal or civil investigation; or |
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(4) any entity that the Secretary has authorized, by |
| rule, to receive this information. |
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The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) to law enforcement officials for a lawful civil or criminal law enforcement investigation if the head of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; or (iii) under a lawful court order signed by a judge.
(Source: P.A. 97-1064, eff. 1-1-13.) |
(15 ILCS 335/11A)
Sec. 11A.
Emergency contact database.
(a) The Secretary of State shall establish a database of the emergency contacts of persons who hold identification cards. Information in the database shall be accessible only to employees of the Office of the Secretary and law enforcement officers employed by a law enforcement agency. Law enforcement officers may share information contained in the emergency contact database, including disabilities and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties.
(b) Any person holding an identification card shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, the name, address, telephone number, and relationship to the holder of no more than 2 emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder is involved in a motor vehicle accident or other emergency situation and the holder is unable to communicate with the contact person or persons and may designate whether the holder has a disability or is a special needs individual. A contact person need not be the holder's next of kin.
(c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following:
(1) the method whereby a holder may provide the
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| Secretary of State with emergency contact, disability, and special needs information; |
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(2) the method whereby a holder may provide the |
| Secretary of State with a change to the emergency contact, disability, and special needs information; and |
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(3) any other aspect of the database or its operation |
| that the Secretary determines is necessary to implement this Section. |
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(d) If a person involved in a motor vehicle accident or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation. Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer incurs any liability, however, if the law enforcement officer is not able to make contact with the contact person. Except for willful or wanton misconduct, neither the law enforcement officer, nor the law enforcement agency that employs the law enforcement officer, shall incur any liability relating to the reporting or use of the database during a motor vehicle accident or other emergency situation.
(e) The Secretary of State shall make a good faith effort to maintain accurate data as provided by the identification card holder and to provide that information to law enforcement as provided in subsection (a). The Secretary of State is not liable for any damages, costs, or expenses, including, without limitation, consequential damages, arising or resulting from any inaccurate or incomplete data or system unavailability. Except for willful or wanton misconduct, the Secretary of State shall not incur any liability relating to the reporting of disabilities or special needs individuals.
(f) As used in this Section:
"Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such impairment.
"Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical, or other emergency services.
"Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally.
(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.) |
(15 ILCS 335/13)
(from Ch. 124, par. 33)
Sec. 13.
Rejection, denial or revocations.
(a) The Secretary of State may reject or deny any application if he:
1. is not satisfied with the genuineness, regularity
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| or legality of any application; or |
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2. has not been supplied with the required |
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3. is not satisfied with the truth of any |
| information or documentation supplied by an applicant; or |
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4. determines that the applicant is not entitled to |
| the card as applied for; or |
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5. determines that any fraud was committed by the |
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6. determines that a signature is not valid or is a |
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7. determines that the applicant has not paid the |
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8. determines that the applicant has falsely claimed |
| to be a person with a disability as defined in Section 4A of this Act; or |
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9. cannot verify the accuracy of any information or |
| documentation submitted by the applicant. |
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(b) The Secretary of State may cancel or revoke any identification card issued by him, upon determining that:
1. the holder is not legally entitled to the card; or
2. the applicant for the card made a false statement |
| or knowingly concealed a material fact in any application filed by him under this Act; or |
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3. any person has displayed or represented as his own |
| a card not issued to him; or |
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4. any holder has permitted the display or use of his |
| card by any other person; or |
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5. that the signature of the applicant was forgery or |
| that the signature on the card is a forgery; or |
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6. a card has been used for any unlawful or |
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7. a card has been altered or defaced; or
8. any card has been duplicated for any purpose; or
9. any card was utilized to counterfeit such cards; |
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10. the holder of an Illinois Person with a |
| Disability Identification Card is not a disabled person as defined in Section 4A of this Act; or |
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11. the holder failed to appear at a Driver Services |
| facility for the reissuance of a card or to present documentation for verification of identity. |
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(c) The Secretary of State is authorized to take possession of and shall make a demand for return of any card which has been cancelled or revoked, unlawfully or erroneously issued, or issued in violation of this Act, and every person to whom such demand is addressed, shall promptly and without delay, return such card to the Secretary pursuant to his instructions, or, he shall surrender any such card to the Secretary or any agent of the Secretary upon demand.
(d) The Secretary of State is authorized to take possession of any Illinois Identification Card or Illinois Person with a Disability Identification Card which has been cancelled or revoked, or which is blank, or which has been altered or defaced or duplicated or which is counterfeit or contains a forgery; or otherwise issued in violation of this Act and may confiscate any suspected fraudulent, fictitious, or altered documents submitted by an applicant in support of an application for an identification card.
(Source: P.A. 97-229, eff. 7-28-11; 97-1064, eff. 1-1-13.) |
(15 ILCS 335/14)
(from Ch. 124, par. 34)
Sec. 14.
Unlawful use of identification card.
(a) It is a violation of this Section for any person:
1. To possess, display, or cause to be displayed any
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| cancelled or revoked identification card; |
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2. To display or represent as the person's own any |
| identification card issued to another; |
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3. To allow any unlawful use of an identification |
| card issued to the person; |
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4. To lend an identification card to another or |
| knowingly allow the use thereof by another; |
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5. To fail or refuse to surrender to the Secretary of |
| State, the Secretary's agent or any peace officer upon lawful demand, any identification card which has been revoked or cancelled; |
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6. To possess, use, or allow to be used any |
| materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Person with a Disability Identification Card issued by the Secretary of State; or |
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7. To knowingly possess, use, or allow to be used a |
| stolen identification card making implement. |
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(a-1) It is a violation of this Section for any person to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois Identification Card or Illinois Person with a Disability Identification Card issued by the Secretary of State. This subsection (a-1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (a-1), it may be used only for the purposes authorized by this subsection (a-1).
(a-5) As used in this Section "identification card" means any document made or issued by or under the authority of the United States Government, the State of Illinois or any other State or political subdivision thereof, or any governmental or quasi-governmental organization that, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identifying the individual.
(b) Sentence.
1. Any person convicted of a violation of this |
| Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. |
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2. A person convicted of a second or subsequent |
| violation of this Section shall be guilty of a Class 4 felony. |
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(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(Source: P.A. 97-1064, eff. 1-1-13.) |
(15 ILCS 335/14A)
(from Ch. 124, par. 34A)
Sec. 14A.
Fictitious or unlawfully altered identification card.
(a) As used in this Section:
1. "A fictitious identification card" means any
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| issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, any other state or political subdivision thereof, or any governmental or quasi-governmental organization that contains false information concerning the identity of the individual issued the identification card. |
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2. "False information" means:
(A) Any information concerning an individual's |
| legal name, address, sex, date of birth, or social security number that (i) falsifies all or in part the actual identity of the individual issued the identification card, (ii) in the case of information concerning an address, is information concerning a non-existent address that is used to obtain the identification card, or (iii) is any combination of items (i) and (ii) of this subparagraph (A). |
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(B) Any photograph that falsifies all or in part |
| the actual identity of the individual issued the identification card. |
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3. "An unlawfully altered identification card" means |
| any issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, any other state or political subdivision thereof, or any governmental or quasi-governmental organization that has been physically altered or changed in such a manner that false information appears upon the identification card. |
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4. "A document capable of defrauding another" |
| includes, but is not limited to, any document by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated. |
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5. An "identification document" or "identification |
| card" means any document made or issued by or under the authority of the United States Government, the State of Illinois, or any other state or political subdivision thereof, or any other governmental or quasi-governmental organization which, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual. |
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(b) It is a violation of this Section for any person:
1. To knowingly possess, display, or cause to be |
| displayed any fictitious or unlawfully altered identification card; |
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2. To knowingly possess, display, or cause to be |
| displayed any fictitious or unlawfully altered identification card for the purpose of obtaining any account, credit, credit card, or debit card from a bank, financial institution, or retail mercantile establishment; |
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3. To knowingly possess any fictitious or unlawfully |
| altered identification card with the intent to commit a theft, deception, or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction; |
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4. To knowingly possess any fictitious or unlawfully |
| altered identification card with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided; |
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5. To knowingly possess any fictitious or unlawfully |
| altered identification card while in unauthorized possession of any document, instrument, or device capable of defrauding another; |
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6. To knowingly possess any fictitious or unlawfully |
| altered identification card with the intent to use the identification card to acquire any other identification document; |
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7. To knowingly issue or assist in the issuance of |
| any fictitious identification card; |
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8. To knowingly alter or attempt to alter any |
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9. To knowingly manufacture, possess, transfer, or |
| provide any identification document whether real or fictitious for the purpose of obtaining a fictitious identification card; |
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10. To make application for the purpose of obtaining |
| a fictitious identification card for another person; |
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11. To obtain the services of another person to make |
| application for the purpose of obtaining a fictitious identification card. |
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(c) Sentence.
1. Any person convicted of a violation of paragraph |
| 1, 10, or 11 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. |
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2. Any person convicted of a violation of paragraph 1 |
| of subsection (b) of this Section who at the time of arrest had in his possession two or more fictitious or unlawfully altered identification cards shall be guilty of a Class 4 felony. |
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3. Any person convicted of a violation of paragraph 2 |
| through 9 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony. |
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(d) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois, or any other state or political subdivision thereof.
(Source: P.A. 96-1120, eff. 1-1-11.) |
(15 ILCS 335/14B)
(from Ch. 124, par. 34B)
Sec. 14B.
Fraudulent identification card.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess, display, or cause to be
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| displayed any fraudulent identification card; |
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2. To knowingly possess, display or cause to be |
| displayed any fraudulent identification card for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment; |
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3. To knowingly possess any fraudulent identification |
| card with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction; |
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4. To knowingly possess any fraudulent identification |
| card with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided; |
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5. To knowingly possess any fraudulent identification |
| card while in unauthorized possession of any document, instrument or device capable of defrauding another; |
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6. To knowingly possess any fraudulent identification |
| card with the intent to use the identification card to acquire any other identification document; |
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7. To knowingly possess without authority any |
| identification card making implement; |
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8. To knowingly possess any stolen identification |
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9. To knowingly duplicate, manufacture, sell or |
| transfer any fraudulent identification card; |
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10. To advertise or distribute any information or |
| materials that promote the selling, giving, or furnishing of a fraudulent identification card. |
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1 |
| of subsection (b) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. |
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2. Any person convicted of a violation of any of |
| paragraphs 2 through 9 of subsection (b) of this Section shall be guilty of a Class 3 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 2 felony. |
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3. Any person who violates paragraph 10 of subsection |
| (b) of this Section is guilty of a Class A misdemeanor. |
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(d) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(e) The Secretary of State may request the Attorney General to seek a restraining order in the circuit court against any person who violates paragraph 10 of subsection (b) of this Section by advertising fraudulent identification cards.
(Source: P.A. 93-895, eff. 1-1-05; 94-701, eff. 6-1-06 .) |
(15 ILCS 335/14C)
(from Ch. 124, par. 34C)
Sec. 14C.
Making false application or affidavit.
(a) It is a violation of this Section for any person:
1. To display or present any document for the purpose
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| of making application for an Illinois Identification Card or Illinois Person with a Disability Identification Card knowing that such document contains false information concerning the identity of the applicant; |
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2. To accept or allow to be accepted any document |
| displayed or presented for the purpose of making application for an Illinois Identification Card or Illinois Person with a Disability Identification Card knowing that such document contains false information concerning the identify of the applicant; |
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3. To knowingly make any false affidavit or swear or |
| affirm falsely to any matter or thing required by the terms of this Act to be sworn to or affirmed. |
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(b) Sentence.
1. Any person convicted of a violation of this |
| Section shall be guilty of a Class 4 felony. |
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2. A person convicted of a second or subsequent |
| violation of this Section shall be guilty of a Class 3 felony. |
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(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof.
(d) The Secretary of State may confiscate any suspected fraudulent, fictitious, or altered documents submitted by an applicant in support of an application for an Illinois Identification Card or Illinois Person with a Disability Identification Card.
(Source: P.A. 97-1064, eff. 1-1-13.) |