HB0621 100TH GENERAL ASSEMBLY

LRB100 00325 HEP 10329 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0621

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

755 ILCS 70/7
755 ILCS 70/14

Amends the Revised Uniform Fiduciary Access to Digital Assets Act (2015). Deletes language requiring a representative of a decedent to provide a custodian with a finding by the court that disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law. Provides that a custodian shall disclose digital assets to the guardian of a person with a disability if the guardian gives the custodian specified documentation. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Revised Uniform Fiduciary Access to Digital Assets Act (2015) is amended by changing Sections 7 and 14 as follows:

(755 ILCS 70/7)

Sec. 7. Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the death certificate of the user;

(3) a certified copy of the letter of appointment of the representative or a court order;

(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(5) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) evidence linking the account to the user; or

(C) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A);

(ii) (blank) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;

(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(iv) disclosure of the content of electronic communications of the user is permitted under this Act and reasonably necessary for administration of the estate.

(Source: P.A. 99-775, eff. 8-12-16.)

(755 ILCS 70/14)

Sec. 14. Disclosure of contents of electronic communications and digital assets to guardian of person with a disability.

(a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets of a person with a disability to his or her guardian. A custodian shall make such a disclosure if the guardian gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the court order directing disclosure of such assets; and

(3) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person with a disability; or

(B) evidence linking the account to the person with a disability.

(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person with a disability and any digital assets, other than the content of electronic communications, in which the person with a disability has a right or interest if the guardian gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the court order that gives the guardian authority over the digital assets of the person with a disability; and

(3) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person with a disability; or

(B) evidence linking the account to the person with a disability.

(c) A guardian with general authority to manage the assets of a person with a disability may request a custodian of the digital assets of the person with a disability to suspend or terminate an account of the person with a disability for good cause. A request made under this Section must be accompanied by a certified copy of the court order giving the guardian authority over the protected person's property of the person with a disability.

(Source: P.A. 99-775, eff. 8-12-16.)

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