Section 31-10.4-2.1 - Issuance of state identification cards to individuals unable to establish legal presence(a) Effective January 1, 2024, Rhode Island state identification cards issued pursuant to § 31-10.4-1 shall confer the same privileges and shall be subject to the same provisions as those issued under chapter 8 of title 3, unless otherwise provided, and shall be subject to the following conditions and exceptions: (1) The front and back of a Rhode Island state identification card issued pursuant to § 31-10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-8-6.1, respectively, that is not a REAL ID credential;(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be required to present proof of legal presence in the United States or proof of a social security number, if the individual does not have one;(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued pursuant to § 31-10.4-1; and(4) Any information collected pursuant to this section, that is not otherwise collected by the division of motor vehicles or required for the issuance an identification card issued under chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles' records, related to the issuance of a credential issued pursuant to this section, shall not be considered a public record. The information shall not be released, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order.(b) A Rhode Island state identification card issued to any person who is unable to establish legal presence in the United States shall not be a valid form of identification for official federal purposes or state voting purposes.(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-1, shall be required to comply with all other applicable Rhode Island laws, rules, and regulations.(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode Island state identification card would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded damages and costs, including attorneys' fees.(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual solely on the ground that they hold or present a Rhode Island state identification card issued under this section.(f) No person who holds an operator 's license or a driver privilege card or permit issued by this state under this chapter or any other state shall be issued a Rhode Island state identification card pursuant to § 31-10.4-1.R.I. Gen. Laws § 31-10.4-2.1
Added by 2023 Pub. Laws, ch. 296, § 4, eff. 1/1/2024.Added by 2023 Pub. Laws, ch. 297, § 4, eff. 1/1/2024.