Full Text of HB1110 103rd General Assembly
HB1110 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1110 Introduced 1/12/2023, by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-101 | from Ch. 95 1/2, par. 6-101 |
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Amends the Illinois Vehicle Code. Defines "digitized driver's license" and provides that a person may drive a motor vehicle if in possession of a digitized driver's license. Provides that a person shall not be issued a citation for driving a motor vehicle without a physical driver's license in his or her possession if the person presents a digitized driver's license to a law enforcement officer in connection with a traffic stop or checkpoint. Provides that the display of a digitized 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, and that the fee to install the application to display a digitized driver's license shall not exceed $6. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 10 | | 6-102, shall
drive any motor vehicle upon a highway in this | 11 | | State unless such person has
a valid license or permit, a | 12 | | digitized driver's license as provided in this Section, or a | 13 | | restricted driving permit, issued under the
provisions of this | 14 | | Act.
| 15 | | (b) No person shall drive a motor vehicle unless the | 16 | | person he holds a valid
license or permit, a digitized | 17 | | driver's license as provided in this Section, or a restricted | 18 | | driving permit issued under the
provisions of Section 6-205, | 19 | | 6-206, or 6-113 of this Act. Any person to
whom a license is | 20 | | issued under the provisions of this Act must surrender to
the | 21 | | Secretary of State all valid licenses or permits, except that | 22 | | an applicant for a non-domiciled commercial learner's permit | 23 | | or commercial driver's license shall not be required to |
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| 1 | | surrender a license or permit issued by the applicant's state | 2 | | or country of domicile. No driver's drivers license or | 3 | | instruction permit
shall be issued to any person who holds a | 4 | | valid Foreign State license,
identification card, or permit
| 5 | | unless such person first surrenders to the Secretary of State | 6 | | any such
valid Foreign State license,
identification card, or | 7 | | permit.
| 8 | | (b-5) Any person who commits a violation of subsection (a) | 9 | | or (b) of this Section is guilty of a Class A misdemeanor, if | 10 | | at the time of the violation the person's driver's license or | 11 | | permit was cancelled under clause (a)9 of Section 6-201 of | 12 | | this Code.
| 13 | | (c) Any person licensed as a driver hereunder shall not be | 14 | | required by
any city, village, incorporated town or other | 15 | | municipal corporation to
obtain any other license to exercise | 16 | | the privilege thereby granted.
| 17 | | (d) In addition to other penalties imposed under this | 18 | | Section, any person
in violation of this Section who is also in | 19 | | violation of Section 7-601 of this
Code relating to mandatory | 20 | | insurance requirements shall have his or her motor
vehicle | 21 | | immediately impounded by the arresting law enforcement | 22 | | officer. The
motor vehicle may be released to any licensed | 23 | | driver upon a showing of proof of
insurance for the motor | 24 | | vehicle that was impounded and the notarized written
consent | 25 | | for the release by the vehicle owner.
| 26 | | (e) In addition to other penalties imposed under this |
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| 1 | | Section, the
vehicle
of any person
in violation of this | 2 | | Section who is also in violation of Section 7-601 of this
Code | 3 | | relating to mandatory insurance requirements and who, in | 4 | | violating this
Section, has caused death or personal injury to | 5 | | another person is subject to
forfeiture under
Sections 36-1 | 6 | | and 36-2 of the Criminal Code of 2012.
For the purposes of this | 7 | | Section, a personal injury shall include
any type A injury as | 8 | | indicated on the traffic accident report completed
by a law | 9 | | enforcement officer that requires immediate professional | 10 | | attention
in either a doctor's office or a medical facility. A | 11 | | type A injury shall
include severely bleeding wounds, | 12 | | distorted extremities, and injuries that
require the injured | 13 | | party to be carried from the scene.
| 14 | | (f) As used in this Section: | 15 | | "Digitized driver's license" means a data file | 16 | | available on any mobile device that has connectivity to | 17 | | the Internet through an application that allows the mobile | 18 | | device to download the data file from the Secretary of | 19 | | State, contains all of the data elements visible on the | 20 | | face and back of a driver's license, and displays the | 21 | | current status of the license. "Digitized driver's | 22 | | license" does not include a digital copy, photograph, or | 23 | | image of a driver's license that is not downloaded through | 24 | | the application on a mobile device. | 25 | | "Current status" includes, but is not limited to, a | 26 | | status designation of valid, expired, canceled, suspended, |
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| 1 | | disqualified, hardship, or interlock device. | 2 | | A person shall not be issued a citation for driving a motor | 3 | | vehicle without a physical driver's license in his or her | 4 | | possession if the person presents a digitized driver's license | 5 | | to a law enforcement officer in connection with a traffic stop | 6 | | or checkpoint in this State. However, in connection with | 7 | | requests for identification not associated with traffic stops | 8 | | or checkpoints, a person may be required to produce when so | 9 | | requested a physical driver's license to a law enforcement | 10 | | officer, a representative of a State or federal department or | 11 | | agency, or a private entity and is subject to all applicable | 12 | | laws and consequences for failure to produce such a license. | 13 | | The Secretary of State shall adopt such rules as are | 14 | | necessary to implement a digitized driver's license. No | 15 | | digitized driver's license shall be valid until the Secretary | 16 | | has adopted such rules. | 17 | | The display of a digitized driver's license shall not | 18 | | serve as consent or authorization for a law enforcement | 19 | | officer, or any other person, to search, view, or access any | 20 | | other data or application on the mobile device. If a person | 21 | | presents his or her mobile device to a law enforcement officer | 22 | | for purposes of displaying a digitized driver's license, the | 23 | | law enforcement officer shall promptly return the mobile | 24 | | device to the person once the officer has had an opportunity to | 25 | | verify the identity and license status of the person. | 26 | | The fee to install the application to display a digitized |
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| 1 | | driver's license as defined in this subsection shall not | 2 | | exceed $6. | 3 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; | 4 | | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. | 5 | | 99-414 for the effective date of changes made by P.A. | 6 | | 98-176).)
| 7 | | (Text of Section after 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 | 10 | | 6-102, shall
drive any motor vehicle upon a highway in this | 11 | | State unless such person has
a valid license or permit, a | 12 | | digitized driver's license as provided in this Section, or a | 13 | | restricted driving permit, issued under the
provisions of this | 14 | | Act.
| 15 | | (b) No person shall drive a motor vehicle unless the | 16 | | person he holds a valid
license or permit, a digitized | 17 | | driver's license as provided in this Section, or a restricted | 18 | | driving permit issued under the
provisions of Section 6-205, | 19 | | 6-206, or 6-113 of this Act. Any person to
whom a license is | 20 | | issued under the provisions of this Act must surrender to
the | 21 | | Secretary of State all valid licenses or permits, except that | 22 | | an applicant for a non-domiciled commercial learner's permit | 23 | | or commercial driver's license shall not be required to | 24 | | surrender a license or permit issued by the applicant's state | 25 | | or country of domicile. No driver's drivers license or |
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| 1 | | instruction permit
shall be issued to any person who holds a | 2 | | valid Foreign State license,
identification card, or permit
| 3 | | unless such person first surrenders to the Secretary of State | 4 | | any such
valid Foreign State license,
identification card, or | 5 | | permit.
| 6 | | (b-5) Any person who commits a violation of subsection (a) | 7 | | or (b) of this Section is guilty of a Class A misdemeanor, if | 8 | | at the time of the violation the person's driver's license or | 9 | | permit was cancelled under clause (a)9 of Section 6-201 of | 10 | | this Code.
| 11 | | (c) Any person licensed as a driver hereunder shall not be | 12 | | required by
any city, village, incorporated town or other | 13 | | municipal corporation to
obtain any other license to exercise | 14 | | the privilege thereby granted.
| 15 | | (d) In addition to other penalties imposed under this | 16 | | Section, any person
in violation of this Section who is also in | 17 | | violation of Section 7-601 of this
Code relating to mandatory | 18 | | insurance requirements shall have his or her motor
vehicle | 19 | | immediately impounded by the arresting law enforcement | 20 | | officer. The
motor vehicle may be released to any licensed | 21 | | driver upon a showing of proof of
insurance for the motor | 22 | | vehicle that was impounded and the notarized written
consent | 23 | | for the release by the vehicle owner.
| 24 | | (e) In addition to other penalties imposed under this | 25 | | Section, the
vehicle
of any person
in violation of this | 26 | | Section who is also in violation of Section 7-601 of this
Code |
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| 1 | | relating to mandatory insurance requirements and who, in | 2 | | violating this
Section, has caused death or personal injury to | 3 | | another person is subject to
forfeiture under
Sections 36-1 | 4 | | and 36-2 of the Criminal Code of 2012.
For the purposes of this | 5 | | Section, a personal injury shall include
any type A injury as | 6 | | indicated on the traffic crash report completed
by a law | 7 | | enforcement officer that requires immediate professional | 8 | | attention
in either a doctor's office or a medical facility. A | 9 | | type A injury shall
include severely bleeding wounds, | 10 | | distorted extremities, and injuries that
require the injured | 11 | | party to be carried from the scene.
| 12 | | (f) As used in this Section: | 13 | | "Digitized driver's license" means a data file | 14 | | available on any mobile device that has connectivity to | 15 | | the Internet through an application that allows the mobile | 16 | | device to download the data file from the Secretary of | 17 | | State, contains all of the data elements visible on the | 18 | | face and back of a driver's license, and displays the | 19 | | current status of the license. "Digitized driver's | 20 | | license" does not include a digital copy, photograph, or | 21 | | image of a driver's license that is not downloaded through | 22 | | the application on a mobile device. | 23 | | "Current status" includes, but is not limited to, a | 24 | | status designation of valid, expired, canceled, suspended, | 25 | | disqualified, hardship, or interlock device. | 26 | | A person shall not be issued a citation for driving a motor |
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| 1 | | vehicle without a physical driver's license in his or her | 2 | | possession if the person presents a digitized driver's license | 3 | | to a law enforcement officer in connection with a traffic stop | 4 | | or checkpoint in this State. However, in connection with | 5 | | requests for identification not associated with traffic stops | 6 | | or checkpoints, a person may be required to produce when so | 7 | | requested a physical driver's license to a law enforcement | 8 | | officer, a representative of a State or federal department or | 9 | | agency, or a private entity and is subject to all applicable | 10 | | laws and consequences for failure to produce such a license. | 11 | | The Secretary of State shall adopt such rules as are | 12 | | necessary to implement a digitized driver's license. No | 13 | | digitized driver's license shall be valid until the Secretary | 14 | | has adopted such rules. | 15 | | The display of a digitized driver's license shall not | 16 | | serve as consent or authorization for a law enforcement | 17 | | officer, or any other person, to search, view, or access any | 18 | | other data or application on the mobile device. If a person | 19 | | presents his or her mobile device to a law enforcement officer | 20 | | for purposes of displaying a digitized driver's license, the | 21 | | law enforcement officer shall promptly return the mobile | 22 | | device to the person once the officer has had an opportunity to | 23 | | verify the identity and license status of the person. | 24 | | The fee to install the application to display a digitized | 25 | | driver's license as defined in this subsection shall not | 26 | | exceed $6. |
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| 1 | | (Source: P.A. 102-982, eff. 7-1-23.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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