Bill Status of SB 730   102nd General Assembly

Short Description:  ELECTRONIC WILL/REMOTE WITNESS

Senate Sponsors
Sen. Rachelle Crowe

House Sponsors
(Rep. Daniel Didech-Jonathan Carroll-Maurice A. West, II)


Last Action  View All Actions

DateChamber Action
  7/26/2021SenatePublic Act . . . . . . . . . 102-0167

Statutes Amended In Order of Appearance
765 ILCS 1026/15-101

Synopsis As Introduced
Amends the Revised Uniform Unclaimed Property Act. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 1
Deletes reference to:
765 ILCS 1026/15-101
Adds reference to:
New Act
5 ILCS 175/5-115
5 ILCS 175/5-120
5 ILCS 175/5-125
5 ILCS 175/10-130
755 ILCS 5/1-2.18
755 ILCS 5/1-2.25 new
755 ILCS 5/1-2.26 new
755 ILCS 5/6-5
755 ILCS 5/6-6
755 ILCS 5/8-1
755 ILCS 5/8-2

Replaces everything after the enacting clause. Creates the Electronic Wills and Remote Witnesses Act. Provides that an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible witnesses. Provides for the revocation of an electronic will. Provides that an electronic will is a digital asset and any person or business in possession of an electronic will is a custodian. Provides for certified copies. Provides that a person may witness any document, other than a will, using audio-video communication between the individual's signing the document and the witness. Provides for remote attestation for a will. Provides methods for determining a signer's or testator's identity. Provides for the verification of an electronic will when a petition to have an electronic will admitted to probate is filed. Provides for: admission of a paper copy of an electronic will; admission of a will attested to by a witness who is physically present; admission of a will attested to by a remote witness; and admission of a will signed under the Electronic Commerce Security Act. Provides that nothing prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct which in the opinion of the court is deemed sufficient to invalidate the will when being admitted. Provides for: formal proof of a will with a remote witness; formal proof of an electronic will; and formal proof of a will witnessed under the Electronic Commerce Security Act. Makes corresponding changes in the Electronic Commerce Security Act and the Probate Act of 1975. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: In the Electronic Wills and Remote Witnesses Act, provides that, effective March 26, 2020 and ending 30 days after the expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing may be performed through means of 2-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness, and the notary public. Effective immediately.

Actions 
DateChamber Action
  2/25/2021SenateFiled with Secretary by Sen. Don Harmon
  2/25/2021SenateFirst Reading
  2/25/2021SenateReferred to Assignments
  3/17/2021SenateAssigned to Executive
  3/24/2021SenateDo Pass Executive; 016-000-000
  3/24/2021SenatePlaced on Calendar Order of 2nd Reading March 25, 2021
  3/25/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe
  3/25/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/25/2021SenateSecond Reading
  3/25/2021SenatePlaced on Calendar Order of 3rd Reading April 13, 2021
  4/7/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/13/2021SenateChief Sponsor Changed to Sen. Rachelle Crowe
  4/20/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  4/22/2021SenateRecalled to Second Reading
  4/22/2021SenateSenate Floor Amendment No. 1 Adopted; Crowe
  4/22/2021SenateThird Reading - Passed; 056-000-000
  4/22/2021HouseArrived in House
  4/22/2021HouseChief House Sponsor Rep. Emanuel Chris Welch
  4/23/2021HouseFirst Reading
  4/23/2021HouseReferred to Rules Committee
  4/27/2021HouseAlternate Chief Sponsor Changed to Rep. Daniel Didech
  5/4/2021HouseAssigned to Judiciary - Civil Committee
  5/10/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  5/10/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/11/2021HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/12/2021HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  5/12/2021HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 013-001-000
  5/12/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2021HouseSecond Reading - Short Debate
  5/19/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2021HouseThird Reading - Short Debate - Passed 098-016-000
  5/20/2021HouseAdded Alternate Chief Co-Sponsor Rep. Jonathan Carroll
  5/20/2021HouseAdded Alternate Chief Co-Sponsor Rep. Maurice A. West, II
  5/21/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/21/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 24, 2021
  5/25/2021SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Rachelle Crowe
  5/25/2021SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/25/2021SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/29/2021SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  5/30/2021SenateHouse Committee Amendment No. 1 Senate Concurs 052-006-000
  5/30/2021SenateSenate Concurs
  5/30/2021SenatePassed Both Houses
  6/28/2021SenateSent to the Governor
  7/26/2021SenateGovernor Approved
  7/26/2021SenateEffective Date July 26, 2021
  7/26/2021SenatePublic Act . . . . . . . . . 102-0167

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