Possess Identification While Driving

The bill defines an electronic extension of a physical driver's license, minor driver's license, instruction permit, or identification card issued by the department of revenue that is approved by the department as an "electronic identification credential".

Under existing law, a driver must be in immediate possession of the driver's driver's license or instruction permit while driving. The bill allows a driver who is not in possession of the person's physical driver's license or permit to possess and present a digital an electronic identification credential that is an extension of a license or permit instead.

Under existing law, it is a class A traffic infraction for a driver who is in possession of a driver's license, instruction permit, or identification card to refuse to provide that identification, upon request, to a peace officer who reasonably suspects the driver has violated a traffic law. The bill requires a person who has in the person's possession a digital driver's license or identification card (digital identification) an electronic identification credential to provide the digital identification electronic identification credential , upon request, to a peace officer who reasonably suspects the driver has violated a traffic law. The bill makes it a class 2 misdemeanor traffic offense to refuse to provide a driver's license, instruction permit, identification card, or digital identification to a peace officer. The bill removes the specified penalty and surcharge for the traffic infraction. The bill permits a driver who does not have the person's driver's or minor driver's license in the person's immediate possession to present to a requesting peace officer a digital driver's license or identification card as a form of personal identification. The bill requires a person who operates a motor vehicle who does not have the person's driver's or minor driver's license, instruction permit, or identification card, or an electronic identification credential that is an extension of the same (identification), or who has identification in the person's possession but refuses to present it to a peace officer, to provide personally identifying information to the peace officer upon request. Failure to provide identifying information to a peace officer by a driver is a class 2 misdemeanor traffic offense, and a peace officer shall not arrest a person for committing the offense. The bill takes effect March 31, 2025.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)