HB1110ham001 103RD GENERAL ASSEMBLY

Rep. Kam Buckner

Filed: 3/15/2023

10300HB1110ham001 LRB103 05780 MXP 58558 a

AMENDMENT TO HOUSE BILL 1110

AMENDMENT NO. ______. Amend House Bill 1110 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 6-101 as follows:

(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

(Text of Section before amendment by P.A. 102-982)

Sec. 6-101. Drivers must have licenses or permits.

(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, an Illinois mobile driver's license as provided in this Section, or a restricted driving permit, issued under the provisions of this Act.

(b) No person shall drive a motor vehicle unless the person he holds a valid license or permit, an Illinois mobile driver's license as provided in this Section, or a restricted driving permit issued under the provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No driver's drivers license or instruction permit shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.

(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.

(c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.

(d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 2012. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(f)(1) The Secretary of State may issue a mobile driver's license to an individual in addition to, and not instead of, a license or an identification card if the Secretary of State has issued a driver's license to the person.

(2) The Secretary may enter into agreements with an agency of the State, another state, the United States, or a third party to facilitate the issuance, use, and verification of a mobile driver's license issued by the Secretary or another state.

(3) Any mobile driver's license issued by the Secretary shall be in accordance with American Association of Motor Vehicle Administrator's Mobile Driver's License (mDL) Implementation Guidelines, Version 1.1.

(4) The Secretary shall design the mobile driver's license in a manner that allows the credential holder to maintain physical possession of the device on which the electronic credential is accessed during verification.

(g) As used in this Section:

"Credential holder" means the individual to whom a mobile driver's license is issued.

"Full profile" means all the information provided on a license.

"Limited profile" means a portion of the information provided on a license.

"Mobile driver's license" means a data file available on any mobile device that has connectivity to the Internet through an application that allows the mobile device to download the data file from the Secretary of State, contains all of the data elements visible on the face and back of a driver's license, and displays the current status of the license. "Mobile driver's license" does not include a digital copy, photograph, or image of a driver's license that is not downloaded through the application on a mobile device.

A person may be required to produce when so requested a physical driver's license to a law enforcement officer, a representative of a State or federal department or agency, or a private entity and is subject to all applicable laws and consequences for failure to produce such a license.

The Secretary of State shall adopt such rules as are necessary to implement a mobile driver's license. No digitized driver's license shall be valid until the Secretary has adopted such rules.

The display of a mobile driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying a mobile driver's license, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and license status of the person.

The fee to install the application to display a mobile driver's license as defined in this subsection shall not exceed $6.

(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)

(Text of Section after amendment by P.A. 102-982)

Sec. 6-101. Drivers must have licenses or permits.

(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, an Illinois mobile driver's license as provided in this Section, or a restricted driving permit, issued under the provisions of this Act.

(b) No person shall drive a motor vehicle unless the person he holds a valid license or permit, an Illinois mobile driver's license as provided in this Section, or a restricted driving permit issued under the provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No driver's drivers license or instruction permit shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.

(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.

(c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.

(d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 2012. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(f)(1) The Secretary of State may issue a mobile driver's license to an individual in addition to, and not instead of, a license or an identification card if the Secretary of State has issued a driver's license to the person.

(2) The Secretary may enter into agreements with an agency of the State, another state, the United States, or a third party to facilitate the issuance, use, and verification of a mobile driver's license issued by the Secretary or another state.

(3) Any mobile driver's license issued by the Secretary shall be in accordance with American Association of Motor Vehicle Administrator's Mobile Driver's License (mDL) Implementation Guidelines, Version 1.1.

(4) The Secretary shall design the mobile driver's license in a manner that allows the credential holder to maintain physical possession of the device on which the electronic credential is accessed during verification.

(g) As used in this Section:

"Credential holder" means the individual to whom a mobile driver's license is issued.

"Full profile" means all the information provided on a license.

"Limited profile" means a portion of the information provided on a license.

"Mobile driver's license" means a data file available on any mobile device that has connectivity to the Internet through an application that allows the mobile device to download the data file from the Secretary of State, contains all of the data elements visible on the face and back of a driver's license, and displays the current status of the license. "Mobile driver's license" does not include a digital copy, photograph, or image of a driver's license that is not downloaded through the application on a mobile device.

A person may be required to produce when so requested a physical driver's license to a law enforcement officer, a representative of a State or federal department or agency, or a private entity and is subject to all applicable laws and consequences for failure to produce such a license.

The Secretary of State shall adopt such rules as are necessary to implement a mobile driver's license. No digitized driver's license shall be valid until the Secretary has adopted such rules.

The display of a mobile driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying a mobile driver's license, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and license status of the person.

The fee to install the application to display a mobile driver's license as defined in this subsection shall not exceed $6.

(Source: P.A. 102-982, eff. 7-1-23.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.".