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Illinois House Bill HB1110

Illinois 2023-2024 Regular Session

Illinois House Bill HB1110 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1110 Introduced , by Rep. Kambium 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1110 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 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 LRB103 05780 HEP 50800 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1110 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
44 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
55 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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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Vehicle Code is amended by
1515 5 changing Section 6-101 as follows:
1616 6 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
1717 7 (Text of Section before amendment by P.A. 102-982)
1818 8 Sec. 6-101. Drivers must have licenses or permits.
1919 9 (a) No person, except those expressly exempted by Section
2020 10 6-102, shall drive any motor vehicle upon a highway in this
2121 11 State unless such person has a valid license or permit, a
2222 12 digitized driver's license as provided in this Section, or a
2323 13 restricted driving permit, issued under the provisions of this
2424 14 Act.
2525 15 (b) No person shall drive a motor vehicle unless the
2626 16 person he holds a valid license or permit, a digitized
2727 17 driver's license as provided in this Section, or a restricted
2828 18 driving permit issued under the provisions of Section 6-205,
2929 19 6-206, or 6-113 of this Act. Any person to whom a license is
3030 20 issued under the provisions of this Act must surrender to the
3131 21 Secretary of State all valid licenses or permits, except that
3232 22 an applicant for a non-domiciled commercial learner's permit
3333 23 or commercial driver's license shall not be required to
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1110 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
3939 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
4040 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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6868 1 surrender a license or permit issued by the applicant's state
6969 2 or country of domicile. No driver's drivers license or
7070 3 instruction permit shall be issued to any person who holds a
7171 4 valid Foreign State license, identification card, or permit
7272 5 unless such person first surrenders to the Secretary of State
7373 6 any such valid Foreign State license, identification card, or
7474 7 permit.
7575 8 (b-5) Any person who commits a violation of subsection (a)
7676 9 or (b) of this Section is guilty of a Class A misdemeanor, if
7777 10 at the time of the violation the person's driver's license or
7878 11 permit was cancelled under clause (a)9 of Section 6-201 of
7979 12 this Code.
8080 13 (c) Any person licensed as a driver hereunder shall not be
8181 14 required by any city, village, incorporated town or other
8282 15 municipal corporation to obtain any other license to exercise
8383 16 the privilege thereby granted.
8484 17 (d) In addition to other penalties imposed under this
8585 18 Section, any person in violation of this Section who is also in
8686 19 violation of Section 7-601 of this Code relating to mandatory
8787 20 insurance requirements shall have his or her motor vehicle
8888 21 immediately impounded by the arresting law enforcement
8989 22 officer. The motor vehicle may be released to any licensed
9090 23 driver upon a showing of proof of insurance for the motor
9191 24 vehicle that was impounded and the notarized written consent
9292 25 for the release by the vehicle owner.
9393 26 (e) In addition to other penalties imposed under this
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104104 1 Section, the vehicle of any person in violation of this
105105 2 Section who is also in violation of Section 7-601 of this Code
106106 3 relating to mandatory insurance requirements and who, in
107107 4 violating this Section, has caused death or personal injury to
108108 5 another person is subject to forfeiture under Sections 36-1
109109 6 and 36-2 of the Criminal Code of 2012. For the purposes of this
110110 7 Section, a personal injury shall include any type A injury as
111111 8 indicated on the traffic accident report completed by a law
112112 9 enforcement officer that requires immediate professional
113113 10 attention in either a doctor's office or a medical facility. A
114114 11 type A injury shall include severely bleeding wounds,
115115 12 distorted extremities, and injuries that require the injured
116116 13 party to be carried from the scene.
117117 14 (f) As used in this Section:
118118 15 "Digitized driver's license" means a data file
119119 16 available on any mobile device that has connectivity to
120120 17 the Internet through an application that allows the mobile
121121 18 device to download the data file from the Secretary of
122122 19 State, contains all of the data elements visible on the
123123 20 face and back of a driver's license, and displays the
124124 21 current status of the license. "Digitized driver's
125125 22 license" does not include a digital copy, photograph, or
126126 23 image of a driver's license that is not downloaded through
127127 24 the application on a mobile device.
128128 25 "Current status" includes, but is not limited to, a
129129 26 status designation of valid, expired, canceled, suspended,
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140140 1 disqualified, hardship, or interlock device.
141141 2 A person shall not be issued a citation for driving a motor
142142 3 vehicle without a physical driver's license in his or her
143143 4 possession if the person presents a digitized driver's license
144144 5 to a law enforcement officer in connection with a traffic stop
145145 6 or checkpoint in this State. However, in connection with
146146 7 requests for identification not associated with traffic stops
147147 8 or checkpoints, a person may be required to produce when so
148148 9 requested a physical driver's license to a law enforcement
149149 10 officer, a representative of a State or federal department or
150150 11 agency, or a private entity and is subject to all applicable
151151 12 laws and consequences for failure to produce such a license.
152152 13 The Secretary of State shall adopt such rules as are
153153 14 necessary to implement a digitized driver's license. No
154154 15 digitized driver's license shall be valid until the Secretary
155155 16 has adopted such rules.
156156 17 The display of a digitized driver's license shall not
157157 18 serve as consent or authorization for a law enforcement
158158 19 officer, or any other person, to search, view, or access any
159159 20 other data or application on the mobile device. If a person
160160 21 presents his or her mobile device to a law enforcement officer
161161 22 for purposes of displaying a digitized driver's license, the
162162 23 law enforcement officer shall promptly return the mobile
163163 24 device to the person once the officer has had an opportunity to
164164 25 verify the identity and license status of the person.
165165 26 The fee to install the application to display a digitized
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176176 1 driver's license as defined in this subsection shall not
177177 2 exceed $6.
178178 3 (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
179179 4 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
180180 5 99-414 for the effective date of changes made by P.A.
181181 6 98-176).)
182182 7 (Text of Section after amendment by P.A. 102-982)
183183 8 Sec. 6-101. Drivers must have licenses or permits.
184184 9 (a) No person, except those expressly exempted by Section
185185 10 6-102, shall drive any motor vehicle upon a highway in this
186186 11 State unless such person has a valid license or permit, a
187187 12 digitized driver's license as provided in this Section, or a
188188 13 restricted driving permit, issued under the provisions of this
189189 14 Act.
190190 15 (b) No person shall drive a motor vehicle unless the
191191 16 person he holds a valid license or permit, a digitized
192192 17 driver's license as provided in this Section, or a restricted
193193 18 driving permit issued under the provisions of Section 6-205,
194194 19 6-206, or 6-113 of this Act. Any person to whom a license is
195195 20 issued under the provisions of this Act must surrender to the
196196 21 Secretary of State all valid licenses or permits, except that
197197 22 an applicant for a non-domiciled commercial learner's permit
198198 23 or commercial driver's license shall not be required to
199199 24 surrender a license or permit issued by the applicant's state
200200 25 or country of domicile. No driver's drivers license or
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211211 1 instruction permit shall be issued to any person who holds a
212212 2 valid Foreign State license, identification card, or permit
213213 3 unless such person first surrenders to the Secretary of State
214214 4 any such valid Foreign State license, identification card, or
215215 5 permit.
216216 6 (b-5) Any person who commits a violation of subsection (a)
217217 7 or (b) of this Section is guilty of a Class A misdemeanor, if
218218 8 at the time of the violation the person's driver's license or
219219 9 permit was cancelled under clause (a)9 of Section 6-201 of
220220 10 this Code.
221221 11 (c) Any person licensed as a driver hereunder shall not be
222222 12 required by any city, village, incorporated town or other
223223 13 municipal corporation to obtain any other license to exercise
224224 14 the privilege thereby granted.
225225 15 (d) In addition to other penalties imposed under this
226226 16 Section, any person in violation of this Section who is also in
227227 17 violation of Section 7-601 of this Code relating to mandatory
228228 18 insurance requirements shall have his or her motor vehicle
229229 19 immediately impounded by the arresting law enforcement
230230 20 officer. The motor vehicle may be released to any licensed
231231 21 driver upon a showing of proof of insurance for the motor
232232 22 vehicle that was impounded and the notarized written consent
233233 23 for the release by the vehicle owner.
234234 24 (e) In addition to other penalties imposed under this
235235 25 Section, the vehicle of any person in violation of this
236236 26 Section who is also in violation of Section 7-601 of this Code
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247247 1 relating to mandatory insurance requirements and who, in
248248 2 violating this Section, has caused death or personal injury to
249249 3 another person is subject to forfeiture under Sections 36-1
250250 4 and 36-2 of the Criminal Code of 2012. For the purposes of this
251251 5 Section, a personal injury shall include any type A injury as
252252 6 indicated on the traffic crash report completed by a law
253253 7 enforcement officer that requires immediate professional
254254 8 attention in either a doctor's office or a medical facility. A
255255 9 type A injury shall include severely bleeding wounds,
256256 10 distorted extremities, and injuries that require the injured
257257 11 party to be carried from the scene.
258258 12 (f) As used in this Section:
259259 13 "Digitized driver's license" means a data file
260260 14 available on any mobile device that has connectivity to
261261 15 the Internet through an application that allows the mobile
262262 16 device to download the data file from the Secretary of
263263 17 State, contains all of the data elements visible on the
264264 18 face and back of a driver's license, and displays the
265265 19 current status of the license. "Digitized driver's
266266 20 license" does not include a digital copy, photograph, or
267267 21 image of a driver's license that is not downloaded through
268268 22 the application on a mobile device.
269269 23 "Current status" includes, but is not limited to, a
270270 24 status designation of valid, expired, canceled, suspended,
271271 25 disqualified, hardship, or interlock device.
272272 26 A person shall not be issued a citation for driving a motor
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283283 1 vehicle without a physical driver's license in his or her
284284 2 possession if the person presents a digitized driver's license
285285 3 to a law enforcement officer in connection with a traffic stop
286286 4 or checkpoint in this State. However, in connection with
287287 5 requests for identification not associated with traffic stops
288288 6 or checkpoints, a person may be required to produce when so
289289 7 requested a physical driver's license to a law enforcement
290290 8 officer, a representative of a State or federal department or
291291 9 agency, or a private entity and is subject to all applicable
292292 10 laws and consequences for failure to produce such a license.
293293 11 The Secretary of State shall adopt such rules as are
294294 12 necessary to implement a digitized driver's license. No
295295 13 digitized driver's license shall be valid until the Secretary
296296 14 has adopted such rules.
297297 15 The display of a digitized driver's license shall not
298298 16 serve as consent or authorization for a law enforcement
299299 17 officer, or any other person, to search, view, or access any
300300 18 other data or application on the mobile device. If a person
301301 19 presents his or her mobile device to a law enforcement officer
302302 20 for purposes of displaying a digitized driver's license, the
303303 21 law enforcement officer shall promptly return the mobile
304304 22 device to the person once the officer has had an opportunity to
305305 23 verify the identity and license status of the person.
306306 24 The fee to install the application to display a digitized
307307 25 driver's license as defined in this subsection shall not
308308 26 exceed $6.
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319319 1 (Source: P.A. 102-982, eff. 7-1-23.)
320320 2 Section 95. No acceleration or delay. Where this Act makes
321321 3 changes in a statute that is represented in this Act by text
322322 4 that is not yet or no longer in effect (for example, a Section
323323 5 represented by multiple versions), the use of that text does
324324 6 not accelerate or delay the taking effect of (i) the changes
325325 7 made by this Act or (ii) provisions derived from any other
326326 8 Public Act.
327327 9 Section 99. Effective date. This Act takes effect upon
328328 10 becoming law.
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