Illinois General Assembly - Full Text of HB1110
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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

    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.


LRB103 05780 HEP 50800 b

 

 

A BILL FOR

 

HB1110LRB103 05780 HEP 50800 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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, a
12digitized driver's license as provided in this Section, or a
13restricted driving permit, issued under the provisions of this
14Act.
15    (b) No person shall drive a motor vehicle unless the
16person he holds a valid license or permit, a digitized
17driver's license as provided in this Section, or a restricted
18driving permit issued under the provisions of Section 6-205,
196-206, or 6-113 of this Act. Any person to whom a license is
20issued under the provisions of this Act must surrender to the
21Secretary of State all valid licenses or permits, except that
22an applicant for a non-domiciled commercial learner's permit
23or commercial driver's license shall not be required to

 

 

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1surrender a license or permit issued by the applicant's state
2or country of domicile. No driver's drivers license or
3instruction permit shall be issued to any person who holds a
4valid Foreign State license, identification card, or permit
5unless such person first surrenders to the Secretary of State
6any such valid Foreign State license, identification card, or
7permit.
8    (b-5) Any person who commits a violation of subsection (a)
9or (b) of this Section is guilty of a Class A misdemeanor, if
10at the time of the violation the person's driver's license or
11permit was cancelled under clause (a)9 of Section 6-201 of
12this Code.
13    (c) Any person licensed as a driver hereunder shall not be
14required by any city, village, incorporated town or other
15municipal corporation to obtain any other license to exercise
16the privilege thereby granted.
17    (d) In addition to other penalties imposed under this
18Section, any person in violation of this Section who is also in
19violation of Section 7-601 of this Code relating to mandatory
20insurance requirements shall have his or her motor vehicle
21immediately impounded by the arresting law enforcement
22officer. The motor vehicle may be released to any licensed
23driver upon a showing of proof of insurance for the motor
24vehicle that was impounded and the notarized written consent
25for the release by the vehicle owner.
26    (e) In addition to other penalties imposed under this

 

 

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1Section, the vehicle of any person in violation of this
2Section who is also in violation of Section 7-601 of this Code
3relating to mandatory insurance requirements and who, in
4violating this Section, has caused death or personal injury to
5another person is subject to forfeiture under Sections 36-1
6and 36-2 of the Criminal Code of 2012. For the purposes of this
7Section, a personal injury shall include any type A injury as
8indicated on the traffic accident report completed by a law
9enforcement officer that requires immediate professional
10attention in either a doctor's office or a medical facility. A
11type A injury shall include severely bleeding wounds,
12distorted extremities, and injuries that require the injured
13party 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
3vehicle without a physical driver's license in his or her
4possession if the person presents a digitized driver's license
5to a law enforcement officer in connection with a traffic stop
6or checkpoint in this State. However, in connection with
7requests for identification not associated with traffic stops
8or checkpoints, a person may be required to produce when so
9requested a physical driver's license to a law enforcement
10officer, a representative of a State or federal department or
11agency, or a private entity and is subject to all applicable
12laws and consequences for failure to produce such a license.
13    The Secretary of State shall adopt such rules as are
14necessary to implement a digitized driver's license. No
15digitized driver's license shall be valid until the Secretary
16has adopted such rules.
17    The display of a digitized driver's license shall not
18serve as consent or authorization for a law enforcement
19officer, or any other person, to search, view, or access any
20other data or application on the mobile device. If a person
21presents his or her mobile device to a law enforcement officer
22for purposes of displaying a digitized driver's license, the
23law enforcement officer shall promptly return the mobile
24device to the person once the officer has had an opportunity to
25verify the identity and license status of the person.
26    The fee to install the application to display a digitized

 

 

HB1110- 5 -LRB103 05780 HEP 50800 b

1driver's license as defined in this subsection shall not
2exceed $6.
3(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
498-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
599-414 for the effective date of changes made by P.A.
698-176).)
 
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
106-102, shall drive any motor vehicle upon a highway in this
11State unless such person has a valid license or permit, a
12digitized driver's license as provided in this Section, or a
13restricted driving permit, issued under the provisions of this
14Act.
15    (b) No person shall drive a motor vehicle unless the
16person he holds a valid license or permit, a digitized
17driver's license as provided in this Section, or a restricted
18driving permit issued under the provisions of Section 6-205,
196-206, or 6-113 of this Act. Any person to whom a license is
20issued under the provisions of this Act must surrender to the
21Secretary of State all valid licenses or permits, except that
22an applicant for a non-domiciled commercial learner's permit
23or commercial driver's license shall not be required to
24surrender a license or permit issued by the applicant's state
25or country of domicile. No driver's drivers license or

 

 

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1instruction permit shall be issued to any person who holds a
2valid Foreign State license, identification card, or permit
3unless such person first surrenders to the Secretary of State
4any such valid Foreign State license, identification card, or
5permit.
6    (b-5) Any person who commits a violation of subsection (a)
7or (b) of this Section is guilty of a Class A misdemeanor, if
8at the time of the violation the person's driver's license or
9permit was cancelled under clause (a)9 of Section 6-201 of
10this Code.
11    (c) Any person licensed as a driver hereunder shall not be
12required by any city, village, incorporated town or other
13municipal corporation to obtain any other license to exercise
14the privilege thereby granted.
15    (d) In addition to other penalties imposed under this
16Section, any person in violation of this Section who is also in
17violation of Section 7-601 of this Code relating to mandatory
18insurance requirements shall have his or her motor vehicle
19immediately impounded by the arresting law enforcement
20officer. The motor vehicle may be released to any licensed
21driver upon a showing of proof of insurance for the motor
22vehicle that was impounded and the notarized written consent
23for the release by the vehicle owner.
24    (e) In addition to other penalties imposed under this
25Section, the vehicle of any person in violation of this
26Section who is also in violation of Section 7-601 of this Code

 

 

HB1110- 7 -LRB103 05780 HEP 50800 b

1relating to mandatory insurance requirements and who, in
2violating this Section, has caused death or personal injury to
3another person is subject to forfeiture under Sections 36-1
4and 36-2 of the Criminal Code of 2012. For the purposes of this
5Section, a personal injury shall include any type A injury as
6indicated on the traffic crash report completed by a law
7enforcement officer that requires immediate professional
8attention in either a doctor's office or a medical facility. A
9type A injury shall include severely bleeding wounds,
10distorted extremities, and injuries that require the injured
11party 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

 

 

HB1110- 8 -LRB103 05780 HEP 50800 b

1vehicle without a physical driver's license in his or her
2possession if the person presents a digitized driver's license
3to a law enforcement officer in connection with a traffic stop
4or checkpoint in this State. However, in connection with
5requests for identification not associated with traffic stops
6or checkpoints, a person may be required to produce when so
7requested a physical driver's license to a law enforcement
8officer, a representative of a State or federal department or
9agency, or a private entity and is subject to all applicable
10laws and consequences for failure to produce such a license.
11    The Secretary of State shall adopt such rules as are
12necessary to implement a digitized driver's license. No
13digitized driver's license shall be valid until the Secretary
14has adopted such rules.
15    The display of a digitized driver's license shall not
16serve as consent or authorization for a law enforcement
17officer, or any other person, to search, view, or access any
18other data or application on the mobile device. If a person
19presents his or her mobile device to a law enforcement officer
20for purposes of displaying a digitized driver's license, the
21law enforcement officer shall promptly return the mobile
22device to the person once the officer has had an opportunity to
23verify the identity and license status of the person.
24    The fee to install the application to display a digitized
25driver's license as defined in this subsection shall not
26exceed $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
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.