Virginia HB 911: Limited-duration licenses, driver privilege cards, and permits; validity periods for documents.

Bill Text

2026 SESSION

INTRODUCED

26102215D

HOUSE BILL NO. 911

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia, relating to limited-duration licenses, driver privilege cards and permits, and identification privilege cards; expiration.

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Patrons—Lopez, Convirs-Fowler, Cousins, Reaser, Shin and Tran; Senators: Salim and Srinivasan

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Referred to Committee on Transportation

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Be it enacted by the General Assembly of Virginia:

1. That §§ 46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-328.1. Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance.

A. Notwithstanding any other provision of this title, except as provided in subsections B and C and subsection G of § 46.2-345, the Department shall not issue an original license, permit, or special identification card or a REAL ID credential to any an applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States. For the purposes of this section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defined by 6 C.F.R. § 37.3, as amended.

B. Notwithstanding subsection A, the Department may issue an original license, permit, or special identification card that is not a REAL ID credential to an applicant who has presented to the Department, with the application, valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States. Such a license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the license, permit, or special identification card is still valid. This subsection does not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12.

C. Notwithstanding the provisions of subsection A and the provisions of §§ 46.2-330 and 46.2-345, an applicant who presents in person valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides evidence of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration license, permit, or special identification card REAL ID credential. Such limited-duration license, permit, or special identification card REAL ID credential shall be valid only during the period of time of the applicant's authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year. No license, permit, or special identification card such REAL ID credential shall be issued if an applicant's authorized stay in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card REAL ID credential issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card REAL ID credential may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-duration license, permit, or special identification REAL ID credential is still valid or has been extended by a federal court or federal agency having jurisdiction over immigration. An applicant for a commercial driver's license who submits evidence of lawful status as required by 49 C.F.R. § 383.71(f) may be issued a limited-duration license or REAL ID-compliant limited-duration license. An applicant for a commercial learner's permit who submits evidence of lawful status as required by 49 C.F.R. § 383.71(f) may be issued a limited-duration permit not to exceed the validity period authorized in subsection A of § 46.2-341.10.

C. D. Any license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subs