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HB 5095

ID CARD-GENDER DESIGNATION

104th Regular Session Introduced by Jaime Andrade and 22 co-sponsors

Allows X as a gender marker on state IDs and licenses, with a minimal gender designation form for changes.

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Bill Summary · HB 5095

Summary of HB5095 (Illinois, 104th General Assembly)

Date Introduced: February 10, 2026
Sponsor: Rep. Mary Beth Canty (with multiple co-sponsors)
Alternate Senate sponsors noted as of late-April 2026

Purpose of the Bill
- To modify provisions in the Illinois Identification Card Act and the Illinois Vehicle Code to expand gender designation options on state-issued identification documents.
- Specifically, to add an "X" option as a gender marker (in addition to "male" and "female") on applications for identification cards, driver’s licenses, and permits.
- To establish a standardized process for changing the gender designation on an issued ID (via a gender designation form) and to limit the information required for that form.

Key Provisions and Changes (Substantive)
1. Illinois Identification Card Act (15 ILCS 335/5) – Section 5
- Applicants for ID cards or renewals may designate gender as:
- "male", "female", or "X" (replaces the prior reference to "non-binary" in some contexts).
- When changing the sex listed on an issued ID, the applicant must submit a gender designation form.
- The gender designation form requirements:
- Limited to: name (as on current ID), current ID number (if applicable), and residential address.
- Gender designation statement allowing the choice of "male", "female", or "X".
- Attestation that the request reflects the applicant’s gender identity and is not for fraudulent purposes, sworn under penalty of perjury.
- No additional questions, documentation, or verification beyond the form.
- Initial issuance and changes: The gender marker (male/female/X) appears on the issued ID.
- A previously-issued document with a different sex may require the gender designation form to reflect the requested designation on the new card.

  1. Illinois Vehicle Code – Sections 2-110 and 6-106

    • Cross-references the same gender designation change framework for driver’s licenses and permits:
      • Sections mirror the ID card process, allowing "male", "female", or "X" as a sex designation.
      • A gender designation form governs changes to the sex listed on a driver’s license or permit.
      • The form is similarly limited in content to name, ID/license number, and residential address, with the same attestation.
      • The Secretary of State must not require additional documentation beyond the gender designation form to confirm sex/gender identity.

  2. Real ID and Proof of Lawful Status (existing REAL ID provisions)

    • Standard REAL ID compliant IDs still require proof of lawful status in the United States.
    • The bill preserves existing requirements for REAL ID eligibility and related documentation.

  3. Other Provisions Common to IDs and Licenses

    • The bill retains veteran designation processes for IDs and driver’s licenses (in separate subsections), with qualified proofs of veteran status that may be submitted and shared with the Illinois Department of Veterans Affairs.
    • Gold Star designation options (on IDs and licenses) remain or are aligned with existing processes and possible waivers of fees.

Effective and Administrative Notes
- The gender designation option “X” (non-binary) is intended to be implemented in conjunction with a digital ID/face-recognition system and the prior digital issuance framework (first issued after January 1, 2020, per the bill’s cross-references).
- The gender designation form is designed to be minimal, reducing procedural barriers by not requiring extra documentation beyond the form itself.
- Substantive changes apply to:
- Original ID card applications
- ID card renewals
- Driver’s license and permit applications and renewals

Potential Impacts
- Individuals may choose a gender marker that aligns with their gender identity (male, female, or X) on state ID cards and driver’s licenses.
- The process to change gender designation on an existing ID or license is streamlined via a standardized form with limited data requirements.
- Administrative changes are generally privacy-conscious, emphasizing attestation and reducing documentation burdens.
- No additional verification beyond the gender designation form is required by the Secretary of State for changing gender markers.

Timeline and Status
- The bill has progressed through standard introduced-to-committee and House floor steps in 2026, with amendments and sponsorship updates. The posted action history shows House committee action and subsequent Senate actions in process as of April–May 2026.

Note: This summary focuses on the substantive provisions related to gender designation on identification documents and does not cover unrelated provisions or fiscal impacts that may be analyzed in committee or fiscal notes.

Compiled from official sources — confirm details with the bill’s official record.

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