IL House Bill 4592

Legislation

State: Illinois
Signed: August 09, 2024

Effective: January 01, 2025
Chapter: Public Act 824

Summary

Authorizes the Illinois Secretary of State to develop and issue mobile driver’s licenses (mDLs) and identification cards (mIDs).

Affects

Amends 15 ILCS 335/4 and 625 ILCS 5/6-101.

Changes

Authorizes the Secretary of State to issue a mobile driver's license or identification card (ID) in addition to, and not instead of, an identification card if the Secretary of State has issued a driver's license or ID to the person.
Requires mobile driver's licenses and IDs to be issued in accordance with the most recent AAMVA standards.
Requires the Secretary of State to design the mobile driver's license or ID in a manner that allows the credential holder to maintain physical possession of the device on which the mobile identification card is accessed during verification.
Stipulates that privacy and tracking data must be restricted, as specified.
Requires an individual to carry both the physical and mobile driver's license or ID on their person.
Provides rules, as specified, to clarify that a person is not required to relinquish possession of their mobile device when the information from a mobile driver's license or ID is requested.
Provides that the display of a mobile driver's license or identification card 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.
Provides that if a person presents the person's mobile device to a law enforcement officer for purposes of displaying a mobile driver's license or identification card, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity of the person.

Analysis

Illinois is the latest state to enact mobile driver’s license (mDL) and identification card (mID) provisions into law. mDLs and mIDs hold promise in the Notary Public world to more securely identify individuals who present documents for notarial acts because mobile IDs are installed directly on a person’s phone or mobile device, can only be accessed through authentication to the device and if used, the mobile application installed on the device, and present the data of the credential in real time from the authoritative source, in this case the Illinois Secretary of State’s driver services department.

Read House Bill 4592.