Drivers must have licenses or permits

(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)     Sec. 6-101. Drivers must have licenses or permits.     (a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit, issued under the provisions of this Act.     (b) No person shall drive a motor vehicle unless the person holds a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit issued under this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No driver's license or instruction permit shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.     (b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.     (c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.     (d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.     (e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 2012. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.     (f)(1) The Secretary of State may issue a mobile driver's license to an individual who holds a valid and unexpired physical driver's license. The data elements of a mobile driver's license card must match the individual's current driver's license Department record.     (2) The Secretary may enter into agreements with an agency of the State, another state, or the United States to facilitate the issuance, use, and verification of a mobile driver's license issued by the Secretary or another state.     (3) Any mobile driver's license issued by the Secretary shall be in accordance with American Association of Motor Vehicle Administrator's Mobile Driver's License (mDL) Implementation Guidelines, Version 1.5 (May 2025), as may be amended or updated from time to time.     (4) The Secretary shall design the mobile driver's license in a manner that allows the mobile driver's license holder to maintain physical possession of the device on which the mobile driver's license is provisioned during verification by a relying party.     (g) (Blank).     (h) (Blank).     (i) The Secretary of State shall adopt such rules as are necessary to implement a mobile driver's license.     (i-5) The verification process shall be implemented to require:         (1) a relying party to authenticate a mobile driver's     license in accordance with applicable AAMVA standards prior to acceptance of the mobile driver's license;        (2) the Secretary to ensure that mobile driver's     license data is subject to all jurisdictional data security and privacy protection laws and regulations; and        (3) a relying party to request only mobile driver's     license data elements that are necessary to complete the transaction for which data is being requested.    (i-10) Privacy and tracking of data shall be restricted by implementing the following requirements:         (1) a relying party shall retain only mobile driver's     license data elements for which the relying party explicitly obtained consent from the mobile driver's license holder and shall inform the mobile driver's license holder of the use and retention period of the electronic data elements;        (2) the Secretary shall use a mobile driver's license     system that is designed to maximize the privacy of the mobile driver's license holder in accordance with State and federal law and shall not track or compile information without the mobile driver's license holder's consent; and        (3) the Department shall only compile and disclose     information regarding the use of a mobile driver's license as required by State or federal law.    (i-15)(1) A mobile driver's license holder shall be required to have the holder's physical driver's license on the holder's person for all purposes for which a driver's license is required. No person, public entity, private entity, or agency shall establish a policy that requires a mobile driver's license instead of a physical driver's license.     (2) A mobile driver's license system shall be designed so that there is no requirement for the mobile driver's license holder to display or relinquish possession of the mobile driver's license holder's mobile device to a relying party for the acceptance of a mobile driver's license. No relying party, including law enforcement, may take physical possession of a mobile driver's license holder's mobile device for purposes of verifying the mobile driver's license holder's identity.     (3) When required by law and upon request by law enforcement, a representative of a State or federal department or agency, or a private entity a mobile driver's license holder must provide the holder's physical driver's license and is subject to all applicable laws and consequences for failure to produce such a driver's license.     (4) Any law or regulation that requires an individual to surrender the individual's physical driver's license to law enforcement does not apply to the device on which a mobile driver's license been provisioned.     (j) The use of a mobile 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.     (k) (Blank).     (l) As used in this Section:     "AAMVA" means the American Association of Motor Vehicle Administrators.     "Data element" means a distinct component of a customer's information that is found on the Department's customer record.     "Department" means the Secretary of State Department of Driver Services.     Mobile driver's license" means a driver's license that resides on a mobile device or requires a mobile device as part of the process to gain access to the related information. Mobile driver's license" does not include a digital copy, photograph, or image of a driver's license that is not provisioned through a participating digital wallet provider.     "Mobile driver's license system" means a digital process that includes a method for provisioning a mobile driver's license, requesting and transmitting driver's license data elements, and performing tasks to maintain the system.     "Provision" means the initial loading of a driver's license onto a device.     "Relying party" means the entity to which the driver's license holder presents the holder's driver's license.     "Verification process" means a method of authenticating the mobile driver's license through the use of secured encryption communication.     (o) The Secretary of State shall adopt rules as are necessary to implement a mobile driver's license. (Source: P.A. 103-824, eff. 1-1-25; 104-821, eff. 8-7-26.)