Illinois Residents Can Soon Carry Digital Driver’s Licenses

Illinois residents will soon be able to carry digital versions of their driver’s licenses, thanks to a new law signed by Gov. JB Pritzker on Monday.

House Bill 4592, one of more than 100 bills recently signed by the governor, allows Illinois residents the option of a “mobile Illinois Identification Card or mobile driver’s license.” The new legislation, however, does not replace physical identification cards. Instead, the digital ID will be issued in addition to the physical card. Agencies and businesses will have the discretion to accept digital IDs, but they cannot require a digital ID over a physical card.

Residents will still need to present their physical identification card if requested by law enforcement. The law also provides officers immunity from liability for damage to a mobile device, except in cases of willful and wanton misconduct, and prohibits law enforcement from searching a person’s phone without consent if provided with a digital ID.

“The display of a mobile identification card and 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,” the bill’s text states.

The bill passed the state senate and house on May 24 and was sent to Pritzker’s desk on June 21. It will go into effect on Jan. 1, 2025.

With the signing of this law, Illinois becomes the 12th state to allow digital IDs. Secretary of State Alexi Giannoulias praised the move, saying, “We can implement mobile IDs in a manner that ensures our roads are safe and that the privacy of Illinoisians is protected while still providing law enforcement, businesses, and medical professionals the information they require.”

The state may charge a maximum of $6 for a smartphone application that registers the digital ID or driver’s license. The expected digital IDs will include a barcode, allowing individuals to show proof of identification without handing over their phones during traffic stops.

Rep. Kam Buckner (D-Chicago), who discussed the digital ID legislation on May 20, emphasized the privacy protections in the bill. “If for some reason someone did feel compelled to give their device to an officer, a sheriff, or a trooper, we’ve got some very specific language here in Section 9 that says the display of a license shall not serve as authorization for law enforcement or any other person to search, view or access any other data in your phone,” Buckner said. He further clarified that police would need a search warrant to look through someone’s phone.

Democratic sponsors of the bill believe that digital IDs will make it easier for residents to prove their identity at stores, banks, and medical offices. However, some Republicans have expressed concerns about the sufficiency of safeguards for private information.

As Illinois prepares to join the ranks of states like Arizona, Colorado, and Florida in offering digital IDs, the Secretary of State’s office will begin the process of selecting vendors for digital ID production.