HB1110ham001 103RD GENERAL ASSEMBLY

Rep. Kam Buckner

Filed: 3/15/2023

 

 


 

 


 
10300HB1110ham001LRB103 05780 MXP 58558 a

1
AMENDMENT TO HOUSE BILL 1110

2    AMENDMENT NO. ______. Amend House Bill 1110 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 6-101 as follows:
 
6    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 6-101. Drivers must have licenses or permits.
9    (a) No person, except those expressly exempted by Section
106-102, shall drive any motor vehicle upon a highway in this
11State unless such person has a valid license or permit, an
12Illinois mobile driver's license as provided in this Section,
13or a restricted driving permit, issued under the provisions of
14this Act.
15    (b) No person shall drive a motor vehicle unless the
16person he holds a valid license or permit, an Illinois mobile

 

 

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1driver's license as provided in this Section, or a restricted
2driving permit issued under the provisions of Section 6-205,
36-206, or 6-113 of this Act. Any person to whom a license is
4issued under the provisions of this Act must surrender to the
5Secretary of State all valid licenses or permits, except that
6an applicant for a non-domiciled commercial learner's permit
7or commercial driver's license shall not be required to
8surrender a license or permit issued by the applicant's state
9or country of domicile. No driver's drivers license or
10instruction permit shall be issued to any person who holds a
11valid Foreign State license, identification card, or permit
12unless such person first surrenders to the Secretary of State
13any such valid Foreign State license, identification card, or
14permit.
15    (b-5) Any person who commits a violation of subsection (a)
16or (b) of this Section is guilty of a Class A misdemeanor, if
17at the time of the violation the person's driver's license or
18permit was cancelled under clause (a)9 of Section 6-201 of
19this Code.
20    (c) Any person licensed as a driver hereunder shall not be
21required by any city, village, incorporated town or other
22municipal corporation to obtain any other license to exercise
23the privilege thereby granted.
24    (d) In addition to other penalties imposed under this
25Section, any person in violation of this Section who is also in
26violation of Section 7-601 of this Code relating to mandatory

 

 

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1insurance requirements shall have his or her motor vehicle
2immediately impounded by the arresting law enforcement
3officer. The motor vehicle may be released to any licensed
4driver upon a showing of proof of insurance for the motor
5vehicle that was impounded and the notarized written consent
6for the release by the vehicle owner.
7    (e) In addition to other penalties imposed under this
8Section, the vehicle of any person in violation of this
9Section who is also in violation of Section 7-601 of this Code
10relating to mandatory insurance requirements and who, in
11violating this Section, has caused death or personal injury to
12another person is subject to forfeiture under Sections 36-1
13and 36-2 of the Criminal Code of 2012. For the purposes of this
14Section, a personal injury shall include any type A injury as
15indicated on the traffic accident report completed by a law
16enforcement officer that requires immediate professional
17attention in either a doctor's office or a medical facility. A
18type A injury shall include severely bleeding wounds,
19distorted extremities, and injuries that require the injured
20party to be carried from the scene.
21    (f)(1) The Secretary of State may issue a mobile driver's
22license to an individual in addition to, and not instead of, a
23license or an identification card if the Secretary of State
24has issued a driver's license to the person.
25    (2) The Secretary may enter into agreements with an agency
26of the State, another state, the United States, or a third

 

 

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1party to facilitate the issuance, use, and verification of a
2mobile driver's license issued by the Secretary or another
3state.
4    (3) Any mobile driver's license issued by the Secretary
5shall be in accordance with American Association of Motor
6Vehicle Administrator's Mobile Driver's License (mDL)
7Implementation Guidelines, Version 1.1.
8    (4) The Secretary shall design the mobile driver's license
9in a manner that allows the credential holder to maintain
10physical possession of the device on which the electronic
11credential is accessed during verification.
12    (g) As used in this Section:
13    "Credential holder" means the individual to whom a mobile
14driver's license is issued.
15    "Full profile" means all the information provided on a
16license.
17    "Limited profile" means a portion of the information
18provided on a license.
19    "Mobile driver's license" means a data file available on
20any mobile device that has connectivity to the Internet
21through an application that allows the mobile device to
22download the data file from the Secretary of State, contains
23all of the data elements visible on the face and back of a
24driver's license, and displays the current status of the
25license. "Mobile driver's license" does not include a digital
26copy, photograph, or image of a driver's license that is not

 

 

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1downloaded through the application on a mobile device.
2    A person may be required to produce when so requested a
3physical driver's license to a law enforcement officer, a
4representative of a State or federal department or agency, or
5a private entity and is subject to all applicable laws and
6consequences for failure to produce such a license.
7    The Secretary of State shall adopt such rules as are
8necessary to implement a mobile driver's license. No digitized
9driver's license shall be valid until the Secretary has
10adopted such rules.
11    The display of a mobile driver's license shall not serve
12as consent or authorization for a law enforcement officer, or
13any other person, to search, view, or access any other data or
14application on the mobile device. If a person presents his or
15her mobile device to a law enforcement officer for purposes of
16displaying a mobile driver's license, the law enforcement
17officer shall promptly return the mobile device to the person
18once the officer has had an opportunity to verify the identity
19and license status of the person.
20    The fee to install the application to display a mobile
21driver's license as defined in this subsection shall not
22exceed $6.
23(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
2498-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
2599-414 for the effective date of changes made by P.A.
2698-176).)
 

 

 

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1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 6-101. Drivers must have licenses or permits.
3    (a) No person, except those expressly exempted by Section
46-102, shall drive any motor vehicle upon a highway in this
5State unless such person has a valid license or permit, an
6Illinois mobile driver's license as provided in this Section,
7or a restricted driving permit, issued under the provisions of
8this Act.
9    (b) No person shall drive a motor vehicle unless the
10person he holds a valid license or permit, an Illinois mobile
11driver's license as provided in this Section, or a restricted
12driving permit issued under the provisions of Section 6-205,
136-206, or 6-113 of this Act. Any person to whom a license is
14issued under the provisions of this Act must surrender to the
15Secretary of State all valid licenses or permits, except that
16an applicant for a non-domiciled commercial learner's permit
17or commercial driver's license shall not be required to
18surrender a license or permit issued by the applicant's state
19or country of domicile. No driver's drivers license or
20instruction permit shall be issued to any person who holds a
21valid Foreign State license, identification card, or permit
22unless such person first surrenders to the Secretary of State
23any such valid Foreign State license, identification card, or
24permit.
25    (b-5) Any person who commits a violation of subsection (a)

 

 

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1or (b) of this Section is guilty of a Class A misdemeanor, if
2at the time of the violation the person's driver's license or
3permit was cancelled under clause (a)9 of Section 6-201 of
4this Code.
5    (c) Any person licensed as a driver hereunder shall not be
6required by any city, village, incorporated town or other
7municipal corporation to obtain any other license to exercise
8the privilege thereby granted.
9    (d) In addition to other penalties imposed under this
10Section, any person in violation of this Section who is also in
11violation of Section 7-601 of this Code relating to mandatory
12insurance requirements shall have his or her motor vehicle
13immediately impounded by the arresting law enforcement
14officer. The motor vehicle may be released to any licensed
15driver upon a showing of proof of insurance for the motor
16vehicle that was impounded and the notarized written consent
17for the release by the vehicle owner.
18    (e) In addition to other penalties imposed under this
19Section, the vehicle of any person in violation of this
20Section who is also in violation of Section 7-601 of this Code
21relating to mandatory insurance requirements and who, in
22violating this Section, has caused death or personal injury to
23another person is subject to forfeiture under Sections 36-1
24and 36-2 of the Criminal Code of 2012. For the purposes of this
25Section, a personal injury shall include any type A injury as
26indicated on the traffic crash report completed by a law

 

 

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1enforcement officer that requires immediate professional
2attention in either a doctor's office or a medical facility. A
3type A injury shall include severely bleeding wounds,
4distorted extremities, and injuries that require the injured
5party to be carried from the scene.
6    (f)(1) The Secretary of State may issue a mobile driver's
7license to an individual in addition to, and not instead of, a
8license or an identification card if the Secretary of State
9has issued a driver's license to the person.
10    (2) The Secretary may enter into agreements with an agency
11of the State, another state, the United States, or a third
12party to facilitate the issuance, use, and verification of a
13mobile driver's license issued by the Secretary or another
14state.
15    (3) Any mobile driver's license issued by the Secretary
16shall be in accordance with American Association of Motor
17Vehicle Administrator's Mobile Driver's License (mDL)
18Implementation Guidelines, Version 1.1.
19    (4) The Secretary shall design the mobile driver's license
20in a manner that allows the credential holder to maintain
21physical possession of the device on which the electronic
22credential is accessed during verification.
23    (g) As used in this Section:
24    "Credential holder" means the individual to whom a mobile
25driver's license is issued.
26    "Full profile" means all the information provided on a

 

 

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1license.
2    "Limited profile" means a portion of the information
3provided on a license.
4    "Mobile driver's license" means a data file available on
5any mobile device that has connectivity to the Internet
6through an application that allows the mobile device to
7download the data file from the Secretary of State, contains
8all of the data elements visible on the face and back of a
9driver's license, and displays the current status of the
10license. "Mobile driver's license" does not include a digital
11copy, photograph, or image of a driver's license that is not
12downloaded through the application on a mobile device.
13    A person may be required to produce when so requested a
14physical driver's license to a law enforcement officer, a
15representative of a State or federal department or agency, or
16a private entity and is subject to all applicable laws and
17consequences for failure to produce such a license.
18    The Secretary of State shall adopt such rules as are
19necessary to implement a mobile driver's license. No digitized
20driver's license shall be valid until the Secretary has
21adopted such rules.
22    The display of a mobile driver's license shall not serve
23as consent or authorization for a law enforcement officer, or
24any other person, to search, view, or access any other data or
25application on the mobile device. If a person presents his or
26her mobile device to a law enforcement officer for purposes of

 

 

10300HB1110ham001- 10 -LRB103 05780 MXP 58558 a

1displaying a mobile driver's license, the law enforcement
2officer shall promptly return the mobile device to the person
3once the officer has had an opportunity to verify the identity
4and license status of the person.
5    The fee to install the application to display a mobile
6driver's license as defined in this subsection shall not
7exceed $6.
8(Source: P.A. 102-982, eff. 7-1-23.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".