MOBILE ID CARDS & LICENSES

Illinois General Assembly - Full Text of HB5539

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5539

Introduced 2/13/2026, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

15 ILCS 335/4
15 ILCS 335/14D
625 ILCS 5/6-101

from Ch. 95 1/2, par. 6-101
625 ILCS 5/6-117.1

Amends the Illinois Identification Card Act. Changes references from
"electronic credential" to "mobile identification card". Provides that no
relying party, including law enforcement, may take physical possession of
a mobile identification card holder's mobile device for purposes of
verifying the mobile identification card holder's identity. Amends the
Illinois Vehicle Code. Inserts conforming provisions concerning
requirements for mobile driver's licenses. Makes other changes.
LRB104 20541 SPS 34018 b

A BILL FOR

HB5539
LRB104 20541 SPS 34018 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Identification Card Act is amended
5
by changing Sections 4 and 14D as follows:

6

(15 ILCS 335/4)
7

(Text of Section before amendment by P.A. 104-457
)
8

Sec. 4.
Identification card.
9

(a) In accordance with the requirements of this Section,
10
the Secretary of State shall issue a standard Illinois
11
Identification Card, as well as a mobile Illinois
12
Identification Card, to any natural person who is a resident
13
of the State of Illinois who applies for such a card, or
14
renewal thereof. No identification card shall be issued to any
15
person who holds a valid foreign state identification card,
16
license, or permit unless the person first surrenders to the
17
Secretary of State the valid foreign state identification
18
card, license, or permit. The card shall be prepared and
19
supplied by the Secretary of State and shall include a
20
photograph and signature or mark of the applicant. However,
21
the Secretary of State may provide by rule for the issuance of
22
Illinois Identification Cards without photographs if the
23
applicant has a bona fide religious objection to being

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1
photographed or to the display of his or her photograph. The
2
Illinois Identification Card may be used for identification
3
purposes in any lawful situation only by the person to whom it
4
was issued. As used in this Act, "photograph" means any color
5
photograph or digitally produced and captured image of an
6
applicant for an identification card. As used in this Act,
7
"signature" means the name of a person as written by that
8
person and captured in a manner acceptable to the Secretary of
9
State.
10

(a-5) If an applicant for an identification card has a
11
current driver's license or instruction permit issued by the
12
Secretary of State, the Secretary may require the applicant to
13
utilize the same residence address and name on the
14
identification card, driver's license, and instruction permit
15
records maintained by the Secretary. The Secretary may
16
promulgate rules to implement this provision.
17

(a-10) If the applicant is a judicial officer as defined
18
in Section 1-10 of the Judicial Privacy Act, a public official
19
as defined in Section 10 of the Public Official Safety and
20
Privacy Act, or a peace officer, the applicant may elect to
21
have his or her office or work address listed on the card
22
instead of the applicant's residence or mailing address. The
23
Secretary may promulgate rules to implement this provision.
24
For the purposes of this subsection (a-10), "peace officer"
25
means any person who by virtue of his or her office or public
26
employment is vested by law with a duty to maintain public

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1
order or to make arrests for a violation of any penal statute
2
of this State, whether that duty extends to all violations or
3
is limited to specific violations.
4

(a-15) The Secretary of State may provide for an expedited
5
process for the issuance of an Illinois Identification Card.
6
The Secretary shall charge an additional fee for the expedited
7
issuance of an Illinois Identification Card, to be set by
8
rule, not to exceed $75. All fees collected by the Secretary
9
for expedited Illinois Identification Card service shall be
10
deposited into the Secretary of State Special Services Fund.
11
The Secretary may adopt rules regarding the eligibility,
12
process, and fee for an expedited Illinois Identification
13
Card. If the Secretary of State determines that the volume of
14
expedited identification card requests received on a given day
15
exceeds the ability of the Secretary to process those requests
16
in an expedited manner, the Secretary may decline to provide
17
expedited services, and the additional fee for the expedited
18
service shall be refunded to the applicant.
19

(a-20) The Secretary of State shall issue a standard
20
Illinois Identification Card to a person committed to the
21
Department of Corrections, the Department of Juvenile Justice,
22
a Federal Bureau of Prisons facility located in Illinois, or a
23
county jail or county department of corrections as follows:
24

(1) A committed person who has previously held an
25

Illinois Identification Card or an Illinois driver's
26

license shall submit an Identification Card verification

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1

form to the Secretary of State, including a photograph
2

taken by the correctional facility, proof of residency
3

upon discharge, and a social security number, if the
4

committed person has a social security number. If the
5

committed person does not have a social security number
6

and is eligible for a social security number, the
7

Secretary of State shall not issue a standard Illinois
8

Identification Card until the committed person obtains a
9

social security number. If the committed person's
10

photograph and demographic information matches an existing
11

Illinois Identification Card or Illinois driver's license
12

and the Secretary of State verifies the applicant's social
13

security number with the Social Security Administration,
14

the Secretary of State shall issue the committed person a
15

standard Illinois Identification Card. If the photograph
16

or demographic information matches an existing Illinois
17

Identification Card or Illinois driver's license in
18

another person's name or identity, a standard Illinois
19

Identification Card shall not be issued until the
20

committed person submits a certified birth certificate and
21

social security card to the Secretary of State and the
22

Secretary of State verifies the identity of the committed
23

person. If the Secretary of State cannot find a match to an
24

existing Illinois Identification Card or Illinois driver's
25

license, the committed person may apply for a standard
26

Illinois Identification card as described in paragraph

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LRB104 20541 SPS 34018 b
1

(2).
2

(2) A committed person who has not previously held an
3

Illinois Identification Card or Illinois driver's license
4

or for whom a match cannot be found as described in
5

paragraph (1) shall submit an Illinois Identification Card
6

verification form, including a photograph taken by the
7

correctional facility, a certified birth certificate,
8

proof of residency upon discharge, and a social security
9

number, if the committed
person
has a social security
10

number. If the committed person does not have a social
11

security number and is eligible for a social security
12

number, the Secretary of State shall not issue a standard
13

Illinois Identification Card until the committed person
14

obtains a social security number. If the Secretary of
15

State verifies the applicant's social security number with
16

the Social Security Administration, the Secretary of State
17

shall issue the committed person a standard Illinois
18

Identification Card.
19

The Illinois Identification Card verification form
20
described in this subsection shall be prescribed by the
21
Secretary of State. The Secretary of State and correctional
22
facilities in this State shall establish a secure method to
23
transfer the form.
24

(a-25) The Secretary of State shall issue a limited-term
25
Illinois Identification Card valid for 90 days to a committed
26
person upon release on parole, mandatory supervised release,

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1
aftercare release, final discharge, or pardon from the
2
Department of Corrections, the Department of Juvenile Justice,
3
a Federal Bureau of Prisons facility located in Illinois, or a
4
county jail or county department of corrections, if the
5
released person does not obtain a standard Illinois
6
Identification Card as described in subsection (a-20) prior to
7
release but does present a Secretary of State prescribed
8
Identification Card verification form completed by the
9
correctional facility, verifying the released person's date of
10
birth, social security number, if the person has a social
11
security number, and his or her Illinois residence address.
12
The verification form must have been completed no more than 30
13
days prior to the date of application for the Illinois
14
Identification Card.
15

Prior to the expiration of the 90-day period of the
16
limited-term Illinois Identification Card, if the released
17
person submits to the Secretary of State a certified copy of
18
his or her birth certificate and his or her social security
19
card, if the person has a social security number, or other
20
documents authorized by the Secretary, a standard Illinois
21
Identification Card shall be issued. A limited-term Illinois
22
Identification Card may not be renewed.
23

This subsection shall not apply to a released person who
24
was unable to obtain a standard Illinois Identification Card
25
because his or her photograph or demographic information
26
matched an existing Illinois Identification Card or Illinois

HB5539
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LRB104 20541 SPS 34018 b
1
driver's license in another person's name or identity or to a
2
released person who does not have a social security number and
3
is eligible for a social security number.
4

(a-30) The Secretary of State shall issue a standard
5
Illinois Identification Card to a person upon conditional
6
release or absolute discharge from the custody of the
7
Department of Human Services, if the person presents a
8
certified copy of his or her birth certificate, social
9
security card, if the person has a social security number, or
10
other documents authorized by the Secretary, and a document
11
proving his or her Illinois residence address. The Secretary
12
of State shall issue a standard Illinois Identification Card
13
to a person prior to his or her conditional release or absolute
14
discharge if personnel from the Department of Human Services
15
bring the person to a Secretary of State location with the
16
required documents. Documents proving residence address may
17
include any official document of the Department of Human
18
Services showing the person's address after release and a
19
Secretary of State prescribed verification form, which may be
20
executed by personnel of the Department of Human Services.
21

(a-35) The Secretary of State shall issue a limited-term
22
Illinois Identification Card valid for 90 days to a person
23
upon conditional release or absolute discharge from the
24
custody of the Department of Human Services, if the person is
25
unable to present a certified copy of his or her birth
26
certificate and social security card, if the person has a

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LRB104 20541 SPS 34018 b
1
social security number, or other documents authorized by the
2
Secretary, but does present a Secretary of State prescribed
3
verification form completed by the Department of Human
4
Services, verifying the person's date of birth and social
5
security number, if the person has a social security number,
6
and a document proving his or her Illinois residence address.
7
The verification form must have been completed no more than 30
8
days prior to the date of application for the Illinois
9
Identification Card. The Secretary of State shall issue a
10
limited-term Illinois Identification Card to a person no
11
sooner than 14 days prior to his or her conditional release or
12
absolute discharge if personnel from the Department of Human
13
Services bring the person to a Secretary of State location
14
with the required documents. Documents proving residence
15
address shall include any official document of the Department
16
of Human Services showing the person's address after release
17
and a Secretary of State prescribed verification form, which
18
may be executed by personnel of the Department of Human
19
Services.
20

(b) The Secretary of State shall issue a special Illinois
21
Identification Card, which shall be known as an Illinois
22
Person with a Disability Identification Card, to any natural
23
person who is a resident of the State of Illinois, who is a
24
person with a disability as defined in Section 4A of this Act,
25
who applies for such card, or renewal thereof. No Illinois
26
Person with a Disability Identification Card shall be issued

HB5539
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LRB104 20541 SPS 34018 b
1
to any person who holds a valid foreign state identification
2
card, license, or permit unless the person first surrenders to
3
the Secretary of State the valid foreign state identification
4
card, license, or permit. The Secretary of State shall charge
5
no fee to issue such card. The card shall be prepared and
6
supplied by the Secretary of State, and shall include a
7
photograph and signature or mark of the applicant, a
8
designation indicating that the card is an Illinois Person
9
with a Disability Identification Card, and shall include a
10
comprehensible designation of the type and classification of
11
the applicant's disability as set out in Section 4A of this
12
Act. However, the Secretary of State may provide by rule for
13
the issuance of Illinois Person with a Disability
14
Identification Cards without photographs if the applicant has
15
a bona fide religious objection to being photographed or to
16
the display of his or her photograph. If the applicant so
17
requests, the card shall include a description of the
18
applicant's disability and any information about the
19
applicant's disability or medical history which the Secretary
20
determines would be helpful to the applicant in securing
21
emergency medical care. If a mark is used in lieu of a
22
signature, such mark shall be affixed to the card in the
23
presence of 2 witnesses who attest to the authenticity of the
24
mark. The Illinois Person with a Disability Identification
25
Card may be used for identification purposes in any lawful
26
situation by the person to whom it was issued.

HB5539
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LRB104 20541 SPS 34018 b
1

The Illinois Person with a Disability Identification Card
2
may be used as adequate documentation of disability in lieu of
3
a physician's determination of disability, a determination of
4
disability from a physician assistant, a determination of
5
disability from an advanced practice registered nurse, or any
6
other documentation of disability whenever any State law
7
requires that a person with a disability provide such
8
documentation of disability, however an Illinois Person with a
9
Disability Identification Card shall not qualify the
10
cardholder to participate in any program or to receive any
11
benefit which is not available to all persons with like
12
disabilities. Notwithstanding any other provisions of law, an
13
Illinois Person with a Disability Identification Card, or
14
evidence that the Secretary of State has issued an Illinois
15
Person with a Disability Identification Card, shall not be
16
used by any person other than the person named on such card to
17
prove that the person named on such card is a person with a
18
disability or for any other purpose unless the card is used for
19
the benefit of the person named on such card, and the person
20
named on such card consents to such use at the time the card is
21
so used.
22

An optometrist's determination of a visual disability
23
under Section 4A of this Act is acceptable as documentation
24
for the purpose of issuing an Illinois Person with a
25
Disability Identification Card.
26

When medical information is contained on an Illinois

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LRB104 20541 SPS 34018 b
1
Person with a Disability Identification Card, the Office of
2
the Secretary of State shall not be liable for any actions
3
taken based upon that medical information.
4

(c) The Secretary of State shall provide that each
5
original or renewal Illinois Identification Card or Illinois
6
Person with a Disability Identification Card issued to a
7
person under the age of 21 shall be of a distinct nature from
8
those Illinois Identification Cards or Illinois Person with a
9
Disability Identification Cards issued to individuals 21 years
10
of age or older. The color designated for Illinois
11
Identification Cards or Illinois Person with a Disability
12
Identification Cards for persons under the age of 21 shall be
13
at the discretion of the Secretary of State.
14

(c-1) Each original or renewal Illinois Identification
15
Card or Illinois Person with a Disability Identification Card
16
issued to a person under the age of 21 shall display the date
17
upon which the person becomes 18 years of age and the date upon
18
which the person becomes 21 years of age.
19

(c-3) The General Assembly recognizes the need to identify
20
military veterans living in this State for the purpose of
21
ensuring that they receive all of the services and benefits to
22
which they are legally entitled, including healthcare,
23
education assistance, and job placement. To assist the State
24
in identifying these veterans and delivering these vital
25
services and benefits, the Secretary of State is authorized to
26
issue Illinois Identification Cards and Illinois Person with a

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LRB104 20541 SPS 34018 b
1
Disability Identification Cards with the word "veteran"
2
appearing on the face of the cards. This authorization is
3
predicated on the unique status of veterans. The Secretary may
4
not issue any other identification card which identifies an
5
occupation, status, affiliation, hobby, or other unique
6
characteristics of the identification card holder which is
7
unrelated to the purpose of the identification card.
8

(c-5) Beginning on or before July 1, 2015, the Secretary
9
of State shall designate a space on each original or renewal
10
identification card where, at the request of the applicant,
11
the word "veteran" shall be placed. The veteran designation
12
shall be available to a person identified as a veteran under
13
subsection (b) of Section 5 of this Act who was discharged or
14
separated under honorable conditions.
15

(d) The Secretary of State may issue a Senior Citizen
16
discount card, to any natural person who is a resident of the
17
State of Illinois who is 60 years of age or older and who
18
applies for such a card or renewal thereof. The Secretary of
19
State shall charge no fee to issue such card. The card shall be
20
issued in every county and applications shall be made
21
available at, but not limited to, nutrition sites, senior
22
citizen centers and Area Agencies on Aging. The applicant,
23
upon receipt of such card and prior to its use for any purpose,
24
shall have affixed thereon in the space provided therefor his
25
signature or mark.
26

(e) The Secretary of State, in his or her discretion, may

HB5539
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LRB104 20541 SPS 34018 b
1
designate on each Illinois Identification Card or Illinois
2
Person with a Disability Identification Card a space where the
3
card holder may place a sticker or decal, issued by the
4
Secretary of State, of uniform size as the Secretary may
5
specify, that shall indicate in appropriate language that the
6
card holder has renewed his or her Illinois Identification
7
Card or Illinois Person with a Disability Identification Card.
8

(f)(1) The Secretary of State may issue a mobile
9
identification card to an individual who is otherwise eligible
10
to hold a physical credential in addition to, and not instead
11
of, an identification card if the Secretary of State has
12
issued an identification card to the person. The data elements
13
that are used to build an electronic credential must match the
14
individual's current Department record.
15

(2) The Secretary may enter into agreements or contract
16
with an agency of the State, another state, the United States,
17
or a third party to facilitate the issuance, use, and
18
verification of a mobile identification card issued by the
19
Secretary or another state.
20

(3) Any mobile identification card issued by the Secretary
21
shall be in accordance with the most recent AAMVA standards.
22

(4) The Secretary shall design the mobile identification
23
card in a manner that allows the credential holder to maintain
24
physical possession of the device on which the mobile
25
identification card is accessed during verification.
26

(g) The verification process shall be implemented to

HB5539
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LRB104 20541 SPS 34018 b
1
require:
2

(1) the relying parties to authenticate electronic
3

credentials in accordance with applicable AAMVA standards
4

prior to acceptance of the electronic credential;
5

(2) the Secretary to ensure that electronic credential
6

data is subject to all jurisdictional data security and
7

privacy protection laws and regulations; and
8

(3) the relying parties to request only electronic
9

credential data elements that are necessary to complete
10

the transaction for which data is being requested.
11

(h) Privacy and tracking of data shall be restricted by
12
implementing the following requirements:
13

(1) the relying parties shall retain only electronic
14

credential data elements for which the relying party
15

explicitly obtained consent from the electronic credential
16

holder and shall inform the electronic credential holder
17

of the use and retention period of the electronic data
18

elements;
19

(2) the Secretary shall use an electronic credential
20

system that is designed to maximize the privacy of the
21

credential holder in accordance with State and federal law
22

and shall not track or compile information without the
23

credential holder's consent; and
24

(3) the Department shall only compile and disclose
25

information regarding the use of the credential as
26

required by State or federal law.

HB5539
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LRB104 20541 SPS 34018 b
1

(i)(1) The electronic credential holder shall be required
2
to have the holder's physical credential on the holder's
3
person for all purposes for which an identification card is
4
required. No person, public entity, private entity, or agency
5
shall establish a policy that requires an electronic
6
credential instead of a physical credential.
7

(2) Electronic credential systems shall be designed so
8
that there is no requirement for the electronic credential
9
holder to display or relinquish possession of the credential
10
holder's mobile device to relying parties for the acceptance
11
of an electronic credential.
12

(3) When required by law and upon request by law
13
enforcement, a credential holder must provide the credential
14
holder's physical credential.
15

(4) Any law or regulation that requires an individual to
16
surrender the individual's physical credential to law
17
enforcement does not apply to the device on which an
18
electronic credential has been provisioned.
19

(j) A person may be required to produce when so requested a
20
physical identification card to a law enforcement officer, a
21
representative of a State or federal department or agency, or
22
a private entity and is subject to all applicable laws and
23
consequences for failure to produce such an identification
24
card.
25

(k) The Secretary of State shall adopt such rules as are
26
necessary to implement a mobile identification card.

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1

(l) The display of a mobile identification card shall not
2
serve as consent or authorization for a law enforcement
3
officer, or any other person, to search, view, or access any
4
other data or application on the mobile device. If a person
5
presents the person's mobile device to a law enforcement
6
officer for purposes of displaying a mobile identification
7
card, the law enforcement officer shall promptly return the
8
mobile device to the person once the officer has had an
9
opportunity to verify the identity of the person. Except for
10
willful and wanton misconduct, any law enforcement officer,
11
court, or officer of the court presented with the device shall
12
be immune from any liability resulting from damage to the
13
mobile device.
14

(m) The fee to install the application to display a mobile
15
identification card as defined in this subsection shall not
16
exceed $6.
17

(n) As used in this Section:
18

"AAMVA" means the American Association of Motor Vehicle
19
Administrators.
20

"Credential" means a driver's license, learner's permit,
21
or identification card.
22

"Credential holder" means the individual to whom a mobile
23
driver's license or a mobile identification card is issued.
24

"Data element" means a distinct component of a customer's
25
information that is found on the Department's customer record.
26

"Department" means the Secretary of State Department of

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LRB104 20541 SPS 34018 b
1
Driver Services.
2

"Electronic credential" means an electronic extension of
3
the departmental issued physical credential that conveys
4
identity and complies with AAMVA's mobile driver license
5
Implementation guidelines and the ISO/IEC 18013-5 standard.
6

"Electronic credential system" means a digital process
7
that includes a method for provisioning electronic
8
credentials, requesting and transmitting electronic credential
9
data elements, and performing tasks to maintain the system.
10

"Full profile" means all the information provided on an
11
identification card.
12

"ISO" means the International Organization for
13
Standardization, which creates uniform processes and
14
procedures.
15

"Limited profile" means a portion of the information
16
provided on an Identification Card.
17

"Mobile identification card" means a data file that is
18
available on any mobile device that has connectivity to the
19
Internet through an application that allows the mobile device
20
to download the data file from the Secretary of State, that
21
contains all the data elements visible on the face and back of
22
an identification card, and that displays the current status
23
of the identification card. "Mobile identification card" does
24
not include a copy, photograph, or image of an Illinois
25
Identification Card that is not downloaded through the
26
application on a mobile device.

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1

"Physical credential" means a Department-issued document
2
that conveys identity in accordance with the Illinois
3
Identification Card Act.
4

"Provision" means the initial loading of an electronic
5
credential onto a device.
6

"Relying party" means the entity to which the credential
7
holder presents the electronic credential.
8

"Verification process" means a method of authenticating
9
the electronic credential through the use of secured
10
encryption communication.
11

(o) Upon providing the required documentation, at the
12
request of the applicant, the identification card may reflect
13
Gold Star Family designation. The Secretary shall designate a
14
space on each original or renewal of an identification card
15
for such designation. This designation shall be available to a
16
person eligible for Gold Star license plates under subsection
17
(f) of Section 6-106 of the Illinois Vehicle Code.
18
(Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;
19
103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.
20
1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,
21
eff. 1-1-26; revised 1-7-26.)

22

(Text of Section after amendment by P.A. 104-457
)
23

Sec. 4.
Identification card.
24

(a) In accordance with the requirements of this Section,
25
the Secretary of State shall issue a standard Illinois

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Identification Card, as well as a mobile Illinois
2
Identification Card, to any natural person who is a resident
3
of the State of Illinois who applies for such a card, or
4
renewal thereof. No identification card shall be issued to any
5
person who holds a valid foreign state identification card,
6
license, or permit unless the person first surrenders to the
7
Secretary of State the valid foreign state identification
8
card, license, or permit. The card shall be prepared and
9
supplied by the Secretary of State and shall include a
10
photograph and signature or mark of the applicant. However,
11
the Secretary of State may provide by rule for the issuance of
12
Illinois Identification Cards without photographs if the
13
applicant has a bona fide religious objection to being
14
photographed or to the display of his or her photograph. The
15
Illinois Identification Card may be used for identification
16
purposes in any lawful situation only by the person to whom it
17
was issued. As used in this Act, "photograph" means any color
18
photograph or digitally produced and captured image of an
19
applicant for an identification card. As used in this Act,
20
"signature" means the name of a person as written by that
21
person and captured in a manner acceptable to the Secretary of
22
State.
23

(a-5) If an applicant for an identification card has a
24
current driver's license or instruction permit issued by the
25
Secretary of State, the Secretary may require the applicant to
26
utilize the same residence address and name on the

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identification card, driver's license, and instruction permit
2
records maintained by the Secretary. The Secretary may
3
promulgate rules to implement this provision.
4

(a-10) If the applicant is a judicial officer as defined
5
in Section 1-10 of the Judicial Privacy Act, a public official
6
as defined in Section 10 of the Public Official Safety and
7
Privacy Act, or a peace officer, the applicant may elect to
8
have his or her office or work address listed on the card
9
instead of the applicant's residence or mailing address. The
10
Secretary may promulgate rules to implement this provision.
11
For the purposes of this subsection (a-10), "peace officer"
12
means any person who by virtue of his or her office or public
13
employment is vested by law with a duty to maintain public
14
order or to make arrests for a violation of any penal statute
15
of this State, whether that duty extends to all violations or
16
is limited to specific violations.
17

(a-15) The Secretary of State may provide for an expedited
18
process for the issuance of an Illinois Identification Card.
19
The Secretary shall charge an additional fee for the expedited
20
issuance of an Illinois Identification Card, to be set by
21
rule, not to exceed $75. All fees collected by the Secretary
22
for expedited Illinois Identification Card service shall be
23
deposited into the Secretary of State Special Services Fund.
24
The Secretary may adopt rules regarding the eligibility,
25
process, and fee for an expedited Illinois Identification
26
Card. If the Secretary of State determines that the volume of

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expedited identification card requests received on a given day
2
exceeds the ability of the Secretary to process those requests
3
in an expedited manner, the Secretary may decline to provide
4
expedited services, and the additional fee for the expedited
5
service shall be refunded to the applicant.
6

(a-20) The Secretary of State shall issue a standard
7
Illinois Identification Card to a person committed to the
8
Department of Corrections, the Department of Juvenile Justice,
9
a Federal Bureau of Prisons facility located in Illinois, or a
10
county jail or county department of corrections as follows:
11

(1) A committed person who has previously held an
12

Illinois Identification Card or an Illinois driver's
13

license shall submit an Identification Card verification
14

form to the Secretary of State, including a photograph
15

taken by the correctional facility, proof of residency
16

upon discharge, and a social security number, if the
17

committed person has a social security number. If the
18

committed person does not have a social security number
19

and is eligible for a social security number, the
20

Secretary of State shall not issue a standard Illinois
21

Identification Card until the committed person obtains a
22

social security number. If the committed person's
23

photograph and demographic information matches an existing
24

Illinois Identification Card or Illinois driver's license
25

and the Secretary of State verifies the applicant's social
26

security number with the Social Security Administration,

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the Secretary of State shall issue the committed person a
2

standard Illinois Identification Card. If the photograph
3

or demographic information matches an existing Illinois
4

Identification Card or Illinois driver's license in
5

another person's name or identity, a standard Illinois
6

Identification Card shall not be issued until the
7

committed person submits a certified birth certificate and
8

social security card to the Secretary of State and the
9

Secretary of State verifies the identity of the committed
10

person. If the Secretary of State cannot find a match to an
11

existing Illinois Identification Card or Illinois driver's
12

license, the committed person may apply for a standard
13

Illinois Identification card as described in paragraph
14

(2).
15

(2) A committed person who has not previously held an
16

Illinois Identification Card or Illinois driver's license
17

or for whom a match cannot be found as described in
18

paragraph (1) shall submit an Illinois Identification Card
19

verification form, including a photograph taken by the
20

correctional facility, a certified birth certificate,
21

proof of residency upon discharge, and a social security
22

number, if the committed has a social security number. If
23

the committed person does not have a social security
24

number and is eligible for a social security number, the
25

Secretary of State shall not issue a standard Illinois
26

Identification Card until the committed person obtains a

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1

social security number. If the Secretary of State verifies
2

the applicant's social security number with the Social
3

Security Administration, the Secretary of State shall
4

issue the committed person a standard Illinois
5

Identification Card.
6

The Illinois Identification Card verification form
7
described in this subsection shall be prescribed by the
8
Secretary of State. The Secretary of State and correctional
9
facilities in this State shall establish a secure method to
10
transfer the form.
11

(a-25) The Secretary of State shall issue a limited-term
12
Illinois Identification Card valid for 90 days to a committed
13
person upon release on parole, mandatory supervised release,
14
aftercare release, final discharge, or pardon from the
15
Department of Corrections, the Department of Juvenile Justice,
16
a Federal Bureau of Prisons facility located in Illinois, or a
17
county jail or county department of corrections, if the
18
released person does not obtain a standard Illinois
19
Identification Card as described in subsection (a-20) prior to
20
release but does present a Secretary of State prescribed
21
Identification Card verification form completed by the
22
correctional facility, verifying the released person's date of
23
birth, social security number, if the person has a social
24
security number, and his or her Illinois residence address.
25
The verification form must have been completed no more than 30
26
days prior to the date of application for the Illinois

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Identification Card.
2

Prior to the expiration of the 90-day period of the
3
limited-term Illinois Identification Card, if the released
4
person submits to the Secretary of State a certified copy of
5
his or her birth certificate and his or her social security
6
card, if the person has a social security number, or other
7
documents authorized by the Secretary, a standard Illinois
8
Identification Card shall be issued. A limited-term Illinois
9
Identification Card may not be renewed.
10

This subsection shall not apply to a released person who
11
was unable to obtain a standard Illinois Identification Card
12
because his or her photograph or demographic information
13
matched an existing Illinois Identification Card or Illinois
14
driver's license in another person's name or identity or to a
15
released person who does not have a social security number and
16
is eligible for a social security number.
17

(a-30) The Secretary of State shall issue a standard
18
Illinois Identification Card to a person upon conditional
19
release or absolute discharge from the custody of the
20
Department of Human Services, if the person presents a
21
certified copy of his or her birth certificate, social
22
security card, if the person has a social security number, or
23
other documents authorized by the Secretary, and a document
24
proving his or her Illinois residence address. The Secretary
25
of State shall issue a standard Illinois Identification Card
26
to a person prior to his or her conditional release or absolute

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1
discharge if personnel from the Department of Human Services
2
bring the person to a Secretary of State location with the
3
required documents. Documents proving residence address may
4
include any official document of the Department of Human
5
Services showing the person's address after release and a
6
Secretary of State prescribed verification form, which may be
7
executed by personnel of the Department of Human Services.
8

(a-35) The Secretary of State shall issue a limited-term
9
Illinois Identification Card valid for 90 days to a person
10
upon conditional release or absolute discharge from the
11
custody of the Department of Human Services, if the person is
12
unable to present a certified copy of his or her birth
13
certificate and social security card, if the person has a
14
social security number, or other documents authorized by the
15
Secretary, but does present a Secretary of State prescribed
16
verification form completed by the Department of Human
17
Services, verifying the person's date of birth and social
18
security number, if the person has a social security number,
19
and a document proving his or her Illinois residence address.
20
The verification form must have been completed no more than 30
21
days prior to the date of application for the Illinois
22
Identification Card. The Secretary of State shall issue a
23
limited-term Illinois Identification Card to a person no
24
sooner than 14 days prior to his or her conditional release or
25
absolute discharge if personnel from the Department of Human
26
Services bring the person to a Secretary of State location

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with the required documents. Documents proving residence
2
address shall include any official document of the Department
3
of Human Services showing the person's address after release
4
and a Secretary of State prescribed verification form, which
5
may be executed by personnel of the Department of Human
6
Services.
7

(b) The Secretary of State shall issue a special Illinois
8
Identification Card, which shall be known as an Illinois
9
Person with a Disability Identification Card, to any natural
10
person who is a resident of the State of Illinois, who is a
11
person with a disability as defined in Section 4A of this Act,
12
who applies for such card, or renewal thereof. No Illinois
13
Person with a Disability Identification Card shall be issued
14
to any person who holds a valid foreign state identification
15
card, license, or permit unless the person first surrenders to
16
the Secretary of State the valid foreign state identification
17
card, license, or permit. The Secretary of State shall charge
18
no fee to issue such card. The card shall be prepared and
19
supplied by the Secretary of State, and shall include a
20
photograph and signature or mark of the applicant, a
21
designation indicating that the card is an Illinois Person
22
with a Disability Identification Card, and shall include a
23
comprehensible designation of the type and classification of
24
the applicant's disability as set out in Section 4A of this
25
Act. However, the Secretary of State may provide by rule for
26
the issuance of Illinois Person with a Disability

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1
Identification Cards without photographs if the applicant has
2
a bona fide religious objection to being photographed or to
3
the display of his or her photograph. If the applicant so
4
requests, the card shall include a description of the
5
applicant's disability and any information about the
6
applicant's disability or medical history which the Secretary
7
determines would be helpful to the applicant in securing
8
emergency medical care. If a mark is used in lieu of a
9
signature, such mark shall be affixed to the card in the
10
presence of 2 witnesses who attest to the authenticity of the
11
mark. The Illinois Person with a Disability Identification
12
Card may be used for identification purposes in any lawful
13
situation by the person to whom it was issued.
14

The Illinois Person with a Disability Identification Card
15
may be used as adequate documentation of disability in lieu of
16
a physician's determination of disability, a determination of
17
disability from a physician assistant, a determination of
18
disability from an advanced practice registered nurse, or any
19
other documentation of disability whenever any State law
20
requires that a person with a disability provide such
21
documentation of disability, however an Illinois Person with a
22
Disability Identification Card shall not qualify the
23
cardholder to participate in any program or to receive any
24
benefit which is not available to all persons with like
25
disabilities. Notwithstanding any other provisions of law, an
26
Illinois Person with a Disability Identification Card, or

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1
evidence that the Secretary of State has issued an Illinois
2
Person with a Disability Identification Card, shall not be
3
used by any person other than the person named on such card to
4
prove that the person named on such card is a person with a
5
disability or for any other purpose unless the card is used for
6
the benefit of the person named on such card, and the person
7
named on such card consents to such use at the time the card is
8
so used.
9

An optometrist's determination of a visual disability
10
under Section 4A of this Act is acceptable as documentation
11
for the purpose of issuing an Illinois Person with a
12
Disability Identification Card.
13

When medical information is contained on an Illinois
14
Person with a Disability Identification Card, the Office of
15
the Secretary of State shall not be liable for any actions
16
taken based upon that medical information.
17

The Secretary of State shall add a marker or box to the
18
Illinois Person with a Disability Identification Card that can
19
be used to record and demonstrate that the holder of the card
20
has presented documentation of certification of eligibility to
21
receive complementary paratransit services under 49 CFR Part
22
37, Subpart F by an entity that is required to provide those
23
services in the State.
24

(c) The Secretary of State shall provide that each
25
original or renewal Illinois Identification Card or Illinois
26
Person with a Disability Identification Card issued to a

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1
person under the age of 21 shall be of a distinct nature from
2
those Illinois Identification Cards or Illinois Person with a
3
Disability Identification Cards issued to individuals 21 years
4
of age or older. The color designated for Illinois
5
Identification Cards or Illinois Person with a Disability
6
Identification Cards for persons under the age of 21 shall be
7
at the discretion of the Secretary of State.
8

(c-1) Each original or renewal Illinois Identification
9
Card or Illinois Person with a Disability Identification Card
10
issued to a person under the age of 21 shall display the date
11
upon which the person becomes 18 years of age and the date upon
12
which the person becomes 21 years of age.
13

(c-3) The General Assembly recognizes the need to identify
14
military veterans living in this State for the purpose of
15
ensuring that they receive all of the services and benefits to
16
which they are legally entitled, including healthcare,
17
education assistance, and job placement. To assist the State
18
in identifying these veterans and delivering these vital
19
services and benefits, the Secretary of State is authorized to
20
issue Illinois Identification Cards and Illinois Person with a
21
Disability Identification Cards with the word "veteran"
22
appearing on the face of the cards. This authorization is
23
predicated on the unique status of veterans. The Secretary may
24
not issue any other identification card which identifies an
25
occupation, status, affiliation, hobby, or other unique
26
characteristics of the identification card holder which is

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1
unrelated to the purpose of the identification card.
2

(c-5) Beginning on or before July 1, 2015, the Secretary
3
of State shall designate a space on each original or renewal
4
identification card where, at the request of the applicant,
5
the word "veteran" shall be placed. The veteran designation
6
shall be available to a person identified as a veteran under
7
subsection (b) of Section 5 of this Act who was discharged or
8
separated under honorable conditions.
9

(d) The Secretary of State may issue a Senior Citizen
10
discount card, to any natural person who is a resident of the
11
State of Illinois who is 60 years of age or older and who
12
applies for such a card or renewal thereof. The Secretary of
13
State shall charge no fee to issue such card. The card shall be
14
issued in every county and applications shall be made
15
available at, but not limited to, nutrition sites, senior
16
citizen centers and Area Agencies on Aging. The applicant,
17
upon receipt of such card and prior to its use for any purpose,
18
shall have affixed thereon in the space provided therefor his
19
signature or mark.
20

(e) The Secretary of State, in his or her discretion, may
21
designate on each Illinois Identification Card or Illinois
22
Person with a Disability Identification Card a space where the
23
card holder may place a sticker or decal, issued by the
24
Secretary of State, of uniform size as the Secretary may
25
specify, that shall indicate in appropriate language that the
26
card holder has renewed his or her Illinois Identification

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LRB104 20541 SPS 34018 b
1
Card or Illinois Person with a Disability Identification Card.
2

(f)(1) The Secretary of State may issue a mobile
3
identification card to an individual who
holds a valid and
4
unexpired

is otherwise eligible to hold a
physical
5
identification card issued by the Secretary of State

6
credential in addition to, and not instead of, an
7
identification card if the Secretary of State has issued an
8
identification card to the person
. The data elements
of a
9
mobile identification card

that are used to build an
10
electronic credential
must match the individual's current
11
identification card
Department record.
12

(2) The Secretary may enter into agreements or contract
13
with an agency of the State, another state, the United States,
14
or a third party to facilitate the issuance, use, and
15
verification of a mobile identification card issued by the
16
Secretary or another state.
17

(3) Any mobile identification card issued by the Secretary
18
shall be in accordance with the
AAMVA's Mobile Driver's
19
License (mDL) Implementation Guidelines Version 1.5 (May
20
2025), as may be amended or updated from time to time

most
21
recent AAMVA standards
.
22

(4) The Secretary shall design the mobile identification
23
card in a manner that allows the
mobile identification card

24
credential
holder to maintain physical possession of the
25
device on which the mobile identification card is
provisioned

26
accessed
during verification
by a relying party
.

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1

(g) The verification process shall be implemented to
2
require:
3

(1)
a

the
relying
party

parties
to authenticate
a
4

mobile identification card

electronic credentials
in
5

accordance with applicable AAMVA standards prior to
6

acceptance of the
mobile identification card

electronic
7

credential
;
8

(2) the Secretary to ensure that
mobile identification
9

card

electronic credential
data is subject to all
10

jurisdictional data security and privacy protection laws
11

and regulations; and
12

(3)
a

the
relying
party

parties
to request only
mobile
13

identification card

electronic credential
data elements
14

that are necessary to complete the transaction for which
15

data is being requested.
16

(h) Privacy and tracking of data shall be restricted by
17
implementing the following requirements:
18

(1)
a

the
relying
party

parties
shall retain only
19

mobile identification card

electronic credential
data
20

elements for which the relying party explicitly obtained
21

consent from the
mobile identification card

electronic
22

credential
holder and shall inform the
mobile
23

identification card

electronic credential
holder of the
24

use and retention period of the electronic data elements;
25

(2) the Secretary shall use
a mobile identification
26

card

an electronic credential
system that is designed to

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LRB104 20541 SPS 34018 b
1

maximize the privacy of the
mobile identification card

2

credential
holder in accordance with State and federal law
3

and shall not track or compile information without the
4

mobile identification card

credential
holder's consent;
5

and
6

(3) the Department shall only compile and disclose
7

information regarding the use of
a mobile identification
8

card

the credential
as required by State or federal law.
9

(i)(1)
A mobile identification card

The electronic
10
credential
holder shall be required to have the holder's
11
physical
identification card

credential
on the holder's person
12
for all purposes for which an identification card is required.
13
No person, public entity, private entity, or agency shall
14
establish a policy that requires
a mobile identification card

15
an electronic credential
instead of a physical
identification
16
card

credential
.
17

(2)
A mobile identification card

Electronic credential
18
systems
shall be designed so that there is no requirement for
19
the
mobile identification card

electronic credential
holder to
20
display or relinquish possession of the
mobile identification
21
card

credential
holder's mobile device to
a
relying
party

22
parties
for the acceptance of
a mobile identification card. No
23
relying party, including law enforcement, may take physical
24
possession of a mobile identification card holder's mobile
25
device for purposes of verifying the mobile identification
26
card holder's identity

an electronic credential
.

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1

(3) When required by law and upon request by law
2
enforcement,
a representative of a State or federal department
3
or agency, or a private entity,
a
mobile identification card

4
credential
holder must provide
the holder's physical
5
identification card and is subject to all applicable laws and
6
consequences for failure to produce such an identification
7
card

the credential holder's physical credential
.
8

(4) Any law or regulation that requires an individual to
9
surrender the individual's physical
identification card

10
credential
to law enforcement does not apply to the device on
11
which
a mobile identification card

an electronic credential

12
has been provisioned.
13

(j)
(Blank).

A person may be required to produce when so
14
requested a physical identification card to a law enforcement
15
officer, a representative of a State or federal department or
16
agency, or a private entity and is subject to all applicable
17
laws and consequences for failure to produce such an
18
identification card.
19

(k) The Secretary of State shall adopt such rules as are
20
necessary to implement a mobile identification card.
21

(l) The
use

display
of a mobile identification card shall
22
not serve as consent or authorization for a law enforcement
23
officer, or any other person, to search, view, or access any
24
other data or application on the mobile device.
If a person
25
presents the person's mobile device to a law enforcement
26
officer for purposes of displaying a mobile identification

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1
card, the law enforcement officer shall promptly return the
2
mobile device to the person once the officer has had an
3
opportunity to verify the identity of the person. Except for
4
willful and wanton misconduct, any law enforcement officer,
5
court, or officer of the court presented with the device shall
6
be immune from any liability resulting from damage to the
7
mobile device.
8

(m)
(Blank).

The fee to install the application to display
9
a mobile identification card as defined in this subsection
10
shall not exceed $6.
11

(n) As used in this Section:
12

"AAMVA" means the American Association of Motor Vehicle
13
Administrators.
14

"Credential" means a driver's license, learner's permit,
15
or identification card.
16

"Credential holder" means the individual to whom a mobile
17
driver's license or a mobile identification card is issued
.
18

"Data element" means a distinct component of a customer's
19
information that is found on the Department's customer record.
20

"Department" means the Secretary of State Department of
21
Driver Services.
22

"Electronic credential" means an electronic extension of
23
the departmental issued physical credential that conveys
24
identity and complies with AAMVA's mobile driver license
25
Implementation guidelines and the ISO/IEC 18013-5 standard.
26

"Electronic credential system" means a digital process

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1
that includes a method for provisioning electronic
2
credentials, requesting and transmitting electronic credential
3
data elements, and performing tasks to maintain the system.
4

"Full profile" means all the information provided on an
5
identification card.
6

"ISO" means the International Organization for
7
Standardization, which creates uniform processes and
8
procedures.

9

"Limited profile" means a portion of the information
10
provided on an Identification Card.
11

"Mobile credential system" means a digital process that
12
includes a method for provisioning a mobile identification
13
card, requesting and transmitting mobile identification data
14
elements, and performing tasks to maintain the system.

15

"Mobile identification card" means
an identification card
16
that resides on a mobile device or requires a mobile device as
17
part of the process to gain access to the related information

a
18
data file that is available on any mobile device that has
19
connectivity to the Internet through an application that
20
allows the mobile device to download the data file from the
21
Secretary of State, that contains all the data elements
22
visible on the face and back of an identification card, and
23
that displays the current status of the identification card
.
24
"Mobile identification card" does not include a copy,
25
photograph, or image of an Illinois Identification Card that
26
is not
provisioned

downloaded
through
a participating wallet

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1
provider

the application on a mobile device
.
2

"Physical credential" means a Department-issued document
3
that conveys identity in accordance with the Illinois
4
Identification Card Act.
5

"Provision" means the initial loading of
a mobile
6
identification card

an electronic credential
onto a device.
7

"Relying party" means the entity to which the
8
identification card

credential
holder presents
the holder's
9
mobile identification card

the electronic credential
.
10

"Verification process" means a method of authenticating
11
the
mobile identification card

electronic credential through
12
the use of secured encryption communication
.
13

(o) Upon providing the required documentation, at the
14
request of the applicant, the identification card may reflect
15
Gold Star Family designation. The Secretary shall designate a
16
space on each original or renewal of an identification card
17
for such designation. This designation shall be available to a
18
person eligible for Gold Star license plates under subsection
19
(f) of Section 6-106 of the Illinois Vehicle Code.
20
(Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;
21
103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.
22
1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,
23
eff. 1-1-26; 104-457, eff. 6-1-26; revised 1-7-26.)

24

(15 ILCS 335/14D)
25

Sec. 14D.
Limitations on use of identification card

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1
information.
2

(a) When information is obtained from an identification
3
card issued by the Secretary of State to identify or prove the
4
age of the holder of the card, or in the course of a commercial
5
transaction, that information may be used only for purposes of
6
identification of the individual or for completing the
7
commercial transaction in which the information was obtained,
8
including all subsequent payment, processing, collection, and
9
other related actions. Information obtained from an
10
identification card issued by the Secretary of State may not
11
be used for purposes unrelated to the transaction in which it
12
was obtained, including, but not limited to, commercial
13
solicitations. Information obtained from an identification
14
card issued by the Secretary of State to identify or prove the
15
age of the holder of the card, or in the course of a commercial
16
transaction, may not be sold, leased or otherwise provided to
17
any third party.
18

(b) As used in this Section
:

,
19

"Identification card" includes a mobile identification
20
card as that term is defined in subsection (n) of Section 4.
21

"Information"

"information"
on an identification card
22
issued by the Secretary of State includes readable text on the
23
face of the card and information encoded or encrypted into a
24
bar code, magnetic strip, or other electronically readable
25
device on or in the card.
26

(c) Any individual whose identification card information

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1
has been used in violation of this Section has a cause of
2
action against the person who violated this Section. Upon a
3
finding that a violation did occur, the individual whose
4
information was used in violation of this Section is entitled
5
to recover actual damages, but not less than liquidated
6
damages in the amount of $250 for each violation, plus
7
attorney's fees and the costs of bringing the action.
8

(d) Use of information contained on an identification card
9
issued by the Secretary of State is not a violation of this
10
Section if the individual whose information has been used gave
11
express permission for that use, or if the information
12
relating to the individual was obtained from a source other
13
than the individual's identification card issued by the
14
Secretary of State.
15

(e) This Section does not apply to any agency of the United
16
States or to the State of Illinois or any of its political
17
subdivisions.
18

(f) This Section does not apply to the transfer of
19
information to a third party if (i) a federal or State law,
20
rule, or regulation requires that the information be
21
transferred to a third party after being recorded in specified
22
transactions or (ii) the information is transferred to a third
23
party for purposes of the detection or possible prosecution of
24
criminal offenses or fraud. If information is transferred to a
25
third party under this subsection (f), it may be used only for
26
the purposes authorized by this subsection (f).

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1

(g) This Section does not apply to the use of information
2
obtained from an identification card which has been provided
3
by the holder of the card in the course of a potential or
4
completed employment, commercial, business or professional
5
transaction for the purpose of completing written documents
6
including, but not limited to, contracts, agreements, purchase
7
orders, retail installment contracts, buyer's orders, purchase
8
contracts, repair orders, applications, disclosure forms or
9
waiver forms.
10
(Source: P.A. 94-892, eff. 1-1-07.)

11

Section 10.
The Illinois Vehicle Code is amended by
12
changing Sections 6-101 and 6-117.1 as follows:

13

(625 ILCS 5/6-101)

(from Ch. 95 1/2, par. 6-101)
14

Sec. 6-101.
Drivers must have licenses or permits.
15

(a) No person, except those expressly exempted by Section
16
6-102, shall drive any motor vehicle upon a highway in this
17
State unless such person has a valid license or permit, an
18
Illinois mobile driver's license, or a restricted driving
19
permit, issued under the provisions of this Act.
20

(b) No person shall drive a motor vehicle unless the
21
person holds a valid license or permit, an Illinois mobile
22
driver's license, or a restricted driving permit issued under
23
this Act. Any person to whom a license is issued under the
24
provisions of this Act must surrender to the Secretary of

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1
State all valid licenses or permits, except that an applicant
2
for a non-domiciled commercial learner's permit or commercial
3
driver's license shall not be required to surrender a license
4
or permit issued by the applicant's state or country of
5
domicile. No driver's license or instruction permit shall be
6
issued to any person who holds a valid Foreign State license,
7
identification card, or permit unless such person first
8
surrenders to the Secretary of State any such valid Foreign
9
State license, identification card, or permit.
10

(b-5) Any person who commits a violation of subsection (a)
11
or (b) of this Section is guilty of a Class A misdemeanor, if
12
at the time of the violation the person's driver's license or
13
permit was cancelled under clause (a)9 of Section 6-201 of
14
this Code.
15

(c) Any person licensed as a driver hereunder shall not be
16
required by any city, village, incorporated town or other
17
municipal corporation to obtain any other license to exercise
18
the privilege thereby granted.
19

(d) In addition to other penalties imposed under this
20
Section, any person in violation of this Section who is also in
21
violation of Section 7-601 of this Code relating to mandatory
22
insurance requirements shall have his or her motor vehicle
23
immediately impounded by the arresting law enforcement
24
officer. The motor vehicle may be released to any licensed
25
driver upon a showing of proof of insurance for the motor
26
vehicle that was impounded and the notarized written consent

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1
for the release by the vehicle owner.
2

(e) In addition to other penalties imposed under this
3
Section, the vehicle of any person in violation of this
4
Section who is also in violation of Section 7-601 of this Code
5
relating to mandatory insurance requirements and who, in
6
violating this Section, has caused death or personal injury to
7
another person is subject to forfeiture under Sections 36-1
8
and 36-2 of the Criminal Code of 2012. For the purposes of this
9
Section, a personal injury shall include any type A injury as
10
indicated on the traffic crash report completed by a law
11
enforcement officer that requires immediate professional
12
attention in either a doctor's office or a medical facility. A
13
type A injury shall include severely bleeding wounds,
14
distorted extremities, and injuries that require the injured
15
party to be carried from the scene.
16

(f)(1) The Secretary of State may issue a mobile driver's
17
license to an individual
who holds a valid and unexpired
18
physical driver's license. The data elements of a mobile
19
driver's license card must match the individual's current
20
driver's license Department record

in addition to, and not
21
instead of, a license or an identification card if the
22
Secretary of State has issued a driver's license to the
23
person
.
24

(2) The Secretary may enter into agreements with an agency
25
of the State, another state, or the United States to
26
facilitate the issuance, use, and verification of a mobile

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1
driver's license issued by the Secretary or another state.
2

(3) Any mobile driver's license issued by the Secretary
3
shall be in accordance with American Association of Motor
4
Vehicle Administrator's Mobile Driver's License (mDL)
5
Implementation Guidelines, Version
1.5 (May 2025), as may be
6
amended or updated from time to time

1.1
.
7

(4) The Secretary shall design the mobile driver's license
8
in a manner that allows the
mobile driver's license

credential

9
holder to maintain physical possession of the device on which
10
the
mobile driver's license

electronic credential
is
11
provisioned

accessed
during verification
by a relying party
.
12

(g)
(Blank).

As used in this Section:
13

"Mobile driver's license" means an electronic extension of
14
the Secretary of State issued physical driver's license that
15
conveys identity and driving privilege information and is in
16
compliance with the American Association of Motor Vehicle
17
Administrator's Mobile Driver's License Implementation
18
Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's
19
license" does not include a digital copy, photograph, or image
20
of a driver's license that is not downloaded through the
21
Secretary of State's application on a mobile device.
22

(h)
(Blank).

A person may be required to produce when so
23
requested a physical driver's license to a law enforcement
24
officer, a representative of a State or federal department or
25
agency, or a private entity and is subject to all applicable
26
laws and consequences for failure to produce such a license.

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1

(i) The Secretary of State shall adopt such rules as are
2
necessary to implement a mobile driver's license.
3

(i-5) The verification process shall be implemented to
4
require:
5

(1) a relying party to authenticate a mobile driver's
6

license in accordance with applicable AAMVA standards
7

prior to acceptance of the mobile driver's license;
8

(2) the Secretary to ensure that mobile driver's
9

license data is subject to all jurisdictional data
10

security and privacy protection laws and regulations; and
11

(3) a relying party to request only mobile driver's
12

license data elements that are necessary to complete the
13

transaction for which data is being requested.
14

(i-10) Privacy and tracking of data shall be restricted by
15
implementing the following requirements:
16

(1) a relying party shall retain only mobile driver's
17

license data elements for which the relying party
18

explicitly obtained consent from the mobile driver's
19

license holder and shall inform the mobile driver's
20

license holder of the use and retention period of the
21

electronic data elements;
22

(2) the Secretary shall use a mobile driver's license
23

system that is designed to maximize the privacy of the
24

mobile driver's license holder in accordance with State
25

and federal law and shall not track or compile information
26

without the mobile driver's license holder's consent; and

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1

(3) the Department shall only compile and disclose
2

information regarding the use of a mobile driver's license
3

as required by State or federal law.
4

(i-15)(1) A mobile driver's license holder shall be
5
required to have the holder's physical driver's license on the
6
holder's person for all purposes for which a driver's license
7
is required. No person, public entity, private entity, or
8
agency shall establish a policy that requires a mobile
9
driver's license instead of a physical driver's license.
10

(2) A mobile driver's license system shall be designed so
11
that there is no requirement for the mobile driver's license
12
holder to display or relinquish possession of the mobile
13
driver's license holder's mobile device to a relying party for
14
the acceptance of a mobile driver's license. No relying party,
15
including law enforcement, may take physical possession of a
16
mobile driver's license holder's mobile device for purposes of
17
verifying the mobile driver's license holder's identity.
18

(3) When required by law and upon request by law
19
enforcement, a representative of a State or federal department
20
or agency, or a private entity a mobile driver's license
21
holder must provide the holder's physical driver's license and
22
is subject to all applicable laws and consequences for failure
23
to produce such a driver's license.
24

(4) Any law or regulation that requires an individual to
25
surrender the individual's physical driver's license to law
26
enforcement does not apply to the device on which a mobile

HB5539
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1
driver's license been provisioned.

2

(j) The
use

display
of a mobile driver's license shall not
3
serve as consent or authorization for a law enforcement
4
officer, or any other person, to search, view, or access any
5
other data or application on the mobile device.
If a person
6
presents his or her mobile device to a law enforcement officer
7
for purposes of displaying a mobile driver's license, the law
8
enforcement officer shall promptly return the mobile device to
9
the person once the officer has had an opportunity to verify
10
the identity and license status of the person. Except for
11
willful and wanton misconduct, any law enforcement officer,
12
court, or officer of the court presented with the device shall
13
be immune from any liability resulting from damage to the
14
mobile device.
15

(k)
(Blank).

The fee to install the application to
16
display a mobile driver's license as defined in this
17
subsection shall not exceed $6.

18

(l) As used in this Section:
19

"AAMVA" means the American Association of Motor Vehicle
20
Administrators.
21

"Data element" means a distinct component of a customer's
22
information that is found on the Department's customer record.
23

"Department" means the Secretary of State Department of
24
Driver Services.

25

Mobile driver's license" means a driver's license that
26
resides on a mobile device or requires a mobile device as part

HB5539
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1
of the process to gain access to the related information.
2
Mobile driver's license" does not include a digital copy,
3
photograph, or image of a driver's license that is not
4
provisioned through a participating digital wallet provider.

5

"Mobile driver's license system" means a digital process
6
that includes a method for provisioning a mobile driver's
7
license, requesting and transmitting driver's license data
8
elements, and performing tasks to maintain the system.
9

"Provision" means the initial loading of a driver's
10
license onto a device.
11

"Relying party" means the entity to which the driver's
12
license holder presents the holder's driver's license.
13

"Verification process" means a method of authenticating
14
the mobile driver's license.

15

(o) The Secretary of State shall adopt rules as are
16
necessary to implement a mobile driver's license.

17
(Source: P.A. 102-982, eff. 7-1-23; 103-824, eff. 1-1-25
.)

18

(625 ILCS 5/6-117.1)
19

Sec. 6-117.1.
Prohibited use of driver's license
20
information.
21

(a) When information is obtained from a driver's license
22
to identify or prove the age of the holder of the license, or
23
in the course of a commercial transaction, that information
24
may be used only for purposes of identification of the
25
individual or for completing the commercial transaction in

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LRB104 20541 SPS 34018 b
1
which the information was obtained, including all subsequent
2
payment, processing, collection, and other related actions
and
3
may not be maintained or stored for longer than what is
4
strictly necessary for the purpose for which the information
5
was provided
. Information obtained from a driver's license may
6
not be used for purposes unrelated to the transaction in which
7
it was obtained, including, but not limited to, commercial
8
solicitations. Information obtained from a driver's license to
9
identify the holder of the license, or in the course of a
10
commercial transaction, may not be sold, leased, or otherwise
11
provided to any third party.
12

(b) Any individual whose driver's license information has
13
been used in violation of this Section has a cause of action
14
against the person who violated this Section. Upon a finding
15
that a violation did occur, the individual whose information
16
was used in violation of this Section is entitled to recover
17
actual damages, but not less than liquidated damages in the
18
amount of $250 for each violation, plus attorney's fees and
19
the costs of bringing the action.
20

(c) Use of information contained on a driver's license is
21
not a violation of this Section if (i) the individual whose
22
information has been used gave express permission for that use
23
or (ii) the information relating to the individual was
24
obtained from a source other than the individual's driver's
25
license.
26

(d) This Section does not apply to any agency of the United

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1
States, the State of Illinois, or any other state or political
2
subdivision thereof.
3

(e) This Section does not apply to the transfer of
4
information to a third party if (i) a federal or State law,
5
rule, or regulation requires that the information be
6
transferred to a third party after being recorded in specified
7
transactions or (ii) the information is transferred to a third
8
party for purposes of the detection or possible prosecution of
9
criminal offenses or fraud. If information is transferred to a
10
third party under this subsection (e), it may be used only for
11
the purposes authorized by this subsection (e).
12

(f) This Section does not apply to the use of information
13
obtained from a driver's license which has been provided by
14
the holder of the license in the course of a potential or
15
completed employment, commercial, business or professional
16
transaction for the purpose of completing written documents
17
including, but not limited to, contracts, agreements, purchase
18
orders, retail installment contracts, buyer's orders, purchase
19
contracts, repair orders, applications, disclosure forms or
20
waiver forms.
21

(g) As used in this Section, "driver's license" includes a
22
mobile driver's license as that term is defined in subsection
23
(l) of Section 6-101.

24
(Source: P.A. 94-892, eff. 1-1-07.)

25

Section 95.
No acceleration or delay.
Where this Act makes

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1
changes in a statute that is represented in this Act by text
2
that is not yet or no longer in effect (for example, a Section
3
represented by multiple versions), the use of that text does
4
not accelerate or delay the taking effect of (i) the changes
5
made by this Act or (ii) provisions derived from any other
6
Public Act.

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