Full Text of HB1110 103rd General Assembly
HB1110ham001 103RD GENERAL ASSEMBLY | Rep. Kam Buckner Filed: 3/15/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1110
| 2 | | AMENDMENT NO. ______. Amend House Bill 1110 by replacing | 3 | | everything after the enacting clause with the following:
| 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, an | 12 | | Illinois mobile driver's license as provided in this Section, | 13 | | or a restricted driving permit, issued under the
provisions of | 14 | | this Act.
| 15 | | (b) No person shall drive a motor vehicle unless the | 16 | | person he holds a valid
license or permit, an Illinois mobile |
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| 1 | | driver's license as provided in this Section, or a restricted | 2 | | driving permit issued under the
provisions of Section 6-205, | 3 | | 6-206, or 6-113 of this Act. Any person to
whom a license is | 4 | | issued under the provisions of this Act must surrender to
the | 5 | | Secretary of State all valid licenses or permits, except that | 6 | | an applicant for a non-domiciled commercial learner's permit | 7 | | or commercial driver's license shall not be required to | 8 | | surrender a license or permit issued by the applicant's state | 9 | | or country of domicile. No driver's drivers license or | 10 | | instruction permit
shall be issued to any person who holds a | 11 | | valid Foreign State license,
identification card, or permit
| 12 | | unless such person first surrenders to the Secretary of State | 13 | | any such
valid Foreign State license,
identification card, or | 14 | | permit.
| 15 | | (b-5) Any person who commits a violation of subsection (a) | 16 | | or (b) of this Section is guilty of a Class A misdemeanor, if | 17 | | at the time of the violation the person's driver's license or | 18 | | permit was cancelled under clause (a)9 of Section 6-201 of | 19 | | this Code.
| 20 | | (c) Any person licensed as a driver hereunder shall not be | 21 | | required by
any city, village, incorporated town or other | 22 | | municipal corporation to
obtain any other license to exercise | 23 | | the privilege thereby granted.
| 24 | | (d) In addition to other penalties imposed under this | 25 | | Section, any person
in violation of this Section who is also in | 26 | | violation of Section 7-601 of this
Code relating to mandatory |
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| 1 | | insurance requirements shall have his or her motor
vehicle | 2 | | immediately impounded by the arresting law enforcement | 3 | | officer. The
motor vehicle may be released to any licensed | 4 | | driver upon a showing of proof of
insurance for the motor | 5 | | vehicle that was impounded and the notarized written
consent | 6 | | for the release by the vehicle owner.
| 7 | | (e) In addition to other penalties imposed under this | 8 | | Section, the
vehicle
of any person
in violation of this | 9 | | Section who is also in violation of Section 7-601 of this
Code | 10 | | relating to mandatory insurance requirements and who, in | 11 | | violating this
Section, has caused death or personal injury to | 12 | | another person is subject to
forfeiture under
Sections 36-1 | 13 | | and 36-2 of the Criminal Code of 2012.
For the purposes of this | 14 | | Section, a personal injury shall include
any type A injury as | 15 | | indicated on the traffic accident report completed
by a law | 16 | | enforcement officer that requires immediate professional | 17 | | attention
in either a doctor's office or a medical facility. A | 18 | | type A injury shall
include severely bleeding wounds, | 19 | | distorted extremities, and injuries that
require the injured | 20 | | party to be carried from the scene.
| 21 | | (f)(1) The Secretary of State may issue a mobile driver's | 22 | | license to an individual in addition to, and not instead of, a | 23 | | license or an identification card if the Secretary of State | 24 | | has issued a driver's license to the person. | 25 | | (2) The Secretary may enter into agreements with an agency | 26 | | of the State, another state, the United States, or a third |
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| 1 | | party to facilitate the issuance, use, and verification of a | 2 | | mobile driver's license issued by the Secretary or another | 3 | | state. | 4 | | (3) Any mobile driver's license issued by the Secretary | 5 | | shall be in accordance with American Association of Motor | 6 | | Vehicle Administrator's Mobile Driver's License (mDL) | 7 | | Implementation Guidelines, Version 1.1. | 8 | | (4) The Secretary shall design the mobile driver's license | 9 | | in a manner that allows the credential holder to maintain | 10 | | physical possession of the device on which the electronic | 11 | | credential is accessed during verification. | 12 | | (g) As used in this Section: | 13 | | "Credential holder" means the individual to whom a mobile | 14 | | driver's license is issued. | 15 | | "Full profile" means all the information provided on a | 16 | | license. | 17 | | "Limited profile" means a portion of the information | 18 | | provided on a license. | 19 | | "Mobile driver's license" means a data file available on | 20 | | any mobile device that has connectivity to the Internet | 21 | | through an application that allows the mobile device to | 22 | | download the data file from the Secretary of State, contains | 23 | | all of the data elements visible on the face and back of a | 24 | | driver's license, and displays the current status of the | 25 | | license. "Mobile driver's license" does not include a digital | 26 | | copy, photograph, or image of a driver's license that is not |
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| 1 | | downloaded through the application on a mobile device. | 2 | | A person may be required to produce when so requested a | 3 | | physical driver's license to a law enforcement officer, a | 4 | | representative of a State or federal department or agency, or | 5 | | a private entity and is subject to all applicable laws and | 6 | | consequences for failure to produce such a license. | 7 | | The Secretary of State shall adopt such rules as are | 8 | | necessary to implement a mobile driver's license. No digitized | 9 | | driver's license shall be valid until the Secretary has | 10 | | adopted such rules. | 11 | | The display of a mobile driver's license shall not serve | 12 | | as consent or authorization for a law enforcement officer, or | 13 | | any other person, to search, view, or access any other data or | 14 | | application on the mobile device. If a person presents his or | 15 | | her mobile device to a law enforcement officer for purposes of | 16 | | displaying a mobile driver's license, the law enforcement | 17 | | officer shall promptly return the mobile device to the person | 18 | | once the officer has had an opportunity to verify the identity | 19 | | and license status of the person. | 20 | | The fee to install the application to display a mobile | 21 | | driver's license as defined in this subsection shall not | 22 | | exceed $6. | 23 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; | 24 | | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. | 25 | | 99-414 for the effective date of changes made by P.A. | 26 | | 98-176).)
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| 1 | | (Text of Section after amendment by P.A. 102-982 ) | 2 | | Sec. 6-101. Drivers must have licenses or permits.
| 3 | | (a) No person, except those expressly exempted by Section | 4 | | 6-102, shall
drive any motor vehicle upon a highway in this | 5 | | State unless such person has
a valid license or permit, an | 6 | | Illinois mobile driver's license as provided in this Section, | 7 | | or a restricted driving permit, issued under the
provisions of | 8 | | this Act.
| 9 | | (b) No person shall drive a motor vehicle unless the | 10 | | person he holds a valid
license or permit, an Illinois mobile | 11 | | driver's license as provided in this Section, or a restricted | 12 | | driving permit issued under the
provisions of Section 6-205, | 13 | | 6-206, or 6-113 of this Act. Any person to
whom a license is | 14 | | issued under the provisions of this Act must surrender to
the | 15 | | Secretary of State all valid licenses or permits, except that | 16 | | an applicant for a non-domiciled commercial learner's permit | 17 | | or commercial driver's license shall not be required to | 18 | | surrender a license or permit issued by the applicant's state | 19 | | or country of domicile. No driver's drivers license or | 20 | | instruction permit
shall be issued to any person who holds a | 21 | | valid Foreign State license,
identification card, or permit
| 22 | | unless such person first surrenders to the Secretary of State | 23 | | any such
valid Foreign State license,
identification card, or | 24 | | permit.
| 25 | | (b-5) Any person who commits a violation of subsection (a) |
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| 1 | | or (b) of this Section is guilty of a Class A misdemeanor, if | 2 | | at the time of the violation the person's driver's license or | 3 | | permit was cancelled under clause (a)9 of Section 6-201 of | 4 | | this Code.
| 5 | | (c) Any person licensed as a driver hereunder shall not be | 6 | | required by
any city, village, incorporated town or other | 7 | | municipal corporation to
obtain any other license to exercise | 8 | | the privilege thereby granted.
| 9 | | (d) In addition to other penalties imposed under this | 10 | | Section, any person
in violation of this Section who is also in | 11 | | violation of Section 7-601 of this
Code relating to mandatory | 12 | | insurance requirements shall have his or her motor
vehicle | 13 | | immediately impounded by the arresting law enforcement | 14 | | officer. The
motor vehicle may be released to any licensed | 15 | | driver upon a showing of proof of
insurance for the motor | 16 | | vehicle that was impounded and the notarized written
consent | 17 | | for the release by the vehicle owner.
| 18 | | (e) In addition to other penalties imposed under this | 19 | | Section, the
vehicle
of any person
in violation of this | 20 | | Section who is also in violation of Section 7-601 of this
Code | 21 | | relating to mandatory insurance requirements and who, in | 22 | | violating this
Section, has caused death or personal injury to | 23 | | another person is subject to
forfeiture under
Sections 36-1 | 24 | | and 36-2 of the Criminal Code of 2012.
For the purposes of this | 25 | | Section, a personal injury shall include
any type A injury as | 26 | | indicated on the traffic crash report completed
by a law |
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| 1 | | enforcement officer that requires immediate professional | 2 | | attention
in either a doctor's office or a medical facility. A | 3 | | type A injury shall
include severely bleeding wounds, | 4 | | distorted extremities, and injuries that
require the injured | 5 | | party to be carried from the scene.
| 6 | | (f)(1) The Secretary of State may issue a mobile driver's | 7 | | license to an individual in addition to, and not instead of, a | 8 | | license or an identification card if the Secretary of State | 9 | | has issued a driver's license to the person. | 10 | | (2) The Secretary may enter into agreements with an agency | 11 | | of the State, another state, the United States, or a third | 12 | | party to facilitate the issuance, use, and verification of a | 13 | | mobile driver's license issued by the Secretary or another | 14 | | state. | 15 | | (3) Any mobile driver's license issued by the Secretary | 16 | | shall be in accordance with American Association of Motor | 17 | | Vehicle Administrator's Mobile Driver's License (mDL) | 18 | | Implementation Guidelines, Version 1.1. | 19 | | (4) The Secretary shall design the mobile driver's license | 20 | | in a manner that allows the credential holder to maintain | 21 | | physical possession of the device on which the electronic | 22 | | credential is accessed during verification. | 23 | | (g) As used in this Section: | 24 | | "Credential holder" means the individual to whom a mobile | 25 | | driver's license is issued. | 26 | | "Full profile" means all the information provided on a |
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| 1 | | license. | 2 | | "Limited profile" means a portion of the information | 3 | | provided on a license. | 4 | | "Mobile driver's license" means a data file available on | 5 | | any mobile device that has connectivity to the Internet | 6 | | through an application that allows the mobile device to | 7 | | download the data file from the Secretary of State, contains | 8 | | all of the data elements visible on the face and back of a | 9 | | driver's license, and displays the current status of the | 10 | | license. "Mobile driver's license" does not include a digital | 11 | | copy, photograph, or image of a driver's license that is not | 12 | | downloaded through the application on a mobile device. | 13 | | A person may be required to produce when so requested a | 14 | | physical driver's license to a law enforcement officer, a | 15 | | representative of a State or federal department or agency, or | 16 | | a private entity and is subject to all applicable laws and | 17 | | consequences for failure to produce such a license. | 18 | | The Secretary of State shall adopt such rules as are | 19 | | necessary to implement a mobile driver's license. No digitized | 20 | | driver's license shall be valid until the Secretary has | 21 | | adopted such rules. | 22 | | The display of a mobile driver's license shall not serve | 23 | | as consent or authorization for a law enforcement officer, or | 24 | | any other person, to search, view, or access any other data or | 25 | | application on the mobile device. If a person presents his or | 26 | | her mobile device to a law enforcement officer for purposes of |
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| 1 | | displaying a mobile driver's license, the law enforcement | 2 | | officer shall promptly return the mobile device to the person | 3 | | once the officer has had an opportunity to verify the identity | 4 | | and license status of the person. | 5 | | The fee to install the application to display a mobile | 6 | | driver's license as defined in this subsection shall not | 7 | | exceed $6. | 8 | | (Source: P.A. 102-982, eff. 7-1-23.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act. | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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