Public Act 094-0458
 		





HB2404 Enrolled
LRB094 08280 MKM 38469 b






    AN ACT concerning regulation.

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


 
    Section 5. The Financial Institutions Digital Signature 
Act is amended  by changing Sections 1, 5, and 10 as follows:
 



    (205 ILCS 705/1)



    Sec. 1. Short title. This Act may be cited as the Financial

Institutions Electronic Documents and
Digital Signature Act.

(Source: P.A. 90-575, eff. 3-20-98.)

 



    (205 ILCS 705/5)



    Sec. 5. Definitions. As used in this Act:

    "Digital signature" means an encrypted
electronic 
identifier, created by computer, intended by the party using it 
to
have the same force and effect as the use of a manual 
signature.

    "Financial institution" means a bank,
a savings
and loan 
association, a
or savings bank, or
a credit
union, established 
under the laws of this or any other state or established
under 
the laws of the United States
the deposits of which are insured 
by the Federal Deposit Insurance Corporation
or other agency of 
the federal government.

    "Substitute check" means a paper reproduction of an 
original check, as defined in the Check Clearing for the 21st 
Century Act (12 U.S.C. 5001, et seq.), as amended from time to 
time, and the rules promulgated thereunder.

(Source: P.A. 90-575, eff. 3-20-98.)

 



    (205 ILCS 705/10)



    Sec. 10. Electronic documents; digital signatures. 

    (a) If in the regular course of business, a financial 
institution possesses,
records, or generates any document, 
representation, image, substitute check, reproduction, or

combination thereof, of any agreement, transaction, act, 
occurrence, or event
by any electronic or computer-generated 
process that accurately reproduces,
comprises, or records the 
agreement, transaction, act, occurrence, or event,
the 
recording, comprising, or reproduction shall have the same 
force and effect under the laws of this State
as one comprised, 
recorded, or created on paper or other tangible form by

writing, typing, printing, or similar means.

    (b) In any communication, acknowledgement, agreement, or 
contract between a
financial institution and its customer, in 
which a signature is required or
used, any party to the 
communication, acknowledgement, agreement, or contract
may 
affix a signature by use of a digital signature, and the 
digital signature,
when lawfully used by the person whose 
signature it purports to be,
shall have the same force and 
effect as the use of a manual signature if it is
unique to the 
person using it, is capable of verification, is under the sole

control of the person using it, and is linked to data in such a 
manner that if
the data are changed, the digital signature is 
invalidated.  Nothing in this
Section shall require any 
financial institution or customer to use or permit
the use of a 
digital signature.

(Source: P.A. 90-575, eff. 3-20-98.)

 
    Section 10. The Criminal Code of 1961 is amended  by 
changing Section 17-3 as follows:
 



    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)



    Sec. 17-3. Forgery. 

    (a) A person commits forgery when, with intent to defraud, 
he knowingly:


        (1) makes or alters any document apparently capable of 
    defrauding
another in such manner that it purports to have 
    been made by another or at
another time, or with different 
    provisions, or by authority of one who did
not give such 
    authority; or


        (2) issues or delivers such document knowing it to have 
    been thus
made or altered; or


        (3) possesses, with intent to issue or deliver, any 
    such document
knowing it to have been thus made or altered; 
    or


        (4) unlawfully uses the digital signature, as defined 
    in the Financial
Institutions Electronic Documents and 
    Digital Signature Act, of another; or


        (5) unlawfully uses the signature device of another to 
    create
an electronic signature of that other person, as 
    those terms are defined in the
Electronic Commerce Security 
    Act.

    (b) An intent to defraud means an intention to cause 
another to assume,
create, transfer, alter or terminate any 
right, obligation or power with
reference to any person or 
property.
As used in this Section, "document" includes, but is 
not limited to, any
document, representation, or image produced 
manually, electronically, or by
computer.

    (c) A document apparently capable of defrauding another 
includes, but is
not limited to, one by which any right, 
obligation or power with reference
to any person or property 
may be created, transferred, altered or
terminated.  A document 
includes any record or electronic record as those
terms are 
defined in the Electronic Commerce Security Act.

    (d) Sentence.

    Forgery is a Class 3 felony.

(Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99; 
91-357, eff.
7-29-99.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.