101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3430

 

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. Provides that a person may drive a motor vehicle if in possession of a digitized driver's license. Defines "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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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 changing
5Section 6-101 as follows:
 
6    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
7    Sec. 6-101. Drivers must have licenses or permits.
8    (a) No person, except those expressly exempted by Section
96-102, shall drive any motor vehicle upon a highway in this
10State unless such person has a valid license or permit,
11digitized driver's license as provided in this Section, or a
12restricted driving permit, issued under the provisions of this
13Act.
14    (b) No person shall drive a motor vehicle unless he holds a
15valid license digitized driver's license as provided in this
16Section, or permit, or a restricted driving permit issued under
17the provisions of Section 6-205, 6-206, or 6-113 of this Act.
18Any person to whom a license is issued under the provisions of
19this Act must surrender to the Secretary of State all valid
20licenses or permits, except that an applicant for a
21non-domiciled commercial learner's permit or commercial
22driver's license shall not be required to surrender a license
23or permit issued by the applicant's state or country of

 

 

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1domicile. No drivers license or instruction permit shall be
2issued to any person who holds a valid Foreign State license,
3identification card, or permit unless such person first
4surrenders to the Secretary of State any such valid Foreign
5State license, identification card, or permit.
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 this
10Code.
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 Section
26who is also in violation of Section 7-601 of this Code relating

 

 

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1to mandatory insurance requirements and who, in violating this
2Section, has caused death or personal injury to another person
3is subject to forfeiture under Sections 36-1 and 36-2 of the
4Criminal Code of 2012. For the purposes of this Section, a
5personal injury shall include any type A injury as indicated on
6the traffic accident report completed by a law enforcement
7officer that requires immediate professional attention in
8either a doctor's office or a medical facility. A type A injury
9shall include severely bleeding wounds, distorted extremities,
10and injuries that require the injured party to be carried from
11the scene.
12    (f) As used in this Section:
13        (1) "Digitized driver's license" means a data file
14    available on any mobile device that has connectivity to the
15    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        (2) "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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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 a physical
7driver's license to a law enforcement officer, a representative
8of a State or federal department or agency, or a private entity
9when so requested and is subject to all applicable laws and
10consequences 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 serve
16as consent or authorization for a law enforcement officer, or
17any other person, to search, view, or access any other data or
18application on the mobile device. If a person presents his or
19her mobile device to a law enforcement officer for purposes of
20displaying a digitized driver's license, the law enforcement
21officer shall promptly return the mobile device to the person
22once the officer has had an opportunity to verify the identity
23and 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 exceed
26$6.

 

 

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1(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
298-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
399-414 for the effective date of changes made by P.A. 98-176).)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.